Buena Park City Council
July 8, 2025

7. Reference Submittal: County Sanitation District approval letter, Reference List and approval letters of other “major” agencies who have used and approved the product.

8. Workers’ Compensation Experience: Submit your Workers’ Compensation Rating Form from the WCIRB California.

502-3 CLEANING, SURFACE PREPARATION AND INSPECTION

Surface preparation shall be provided for the interior of every manhole where lining repair is needed, including shaft.

Repairs with rapid setting repair mortars compatible with liner shall be provided for the interior of every manhole including shaft, prior to the manhole being lined. Contractor shall apply epoxy coating 16” below the top of the sewer manhole.

1. Repair method for interface of Epoxy & Epoxy or Epoxy & Polyurethane:

Contractor shall provide 4” overlap at repair interface. The overlap is included in the 16” epoxy coating.

2. Channel and Shelf/Bench Rebuilding

Concrete channel and shelf areas shall be brought back to their original dimensions using cement mortar. Shelves or benches shall be finished with a hand trowel to provide a smooth and uniform width channel.

3. Channel and Shelf Spray Applied Coating

After the manhole wall lining is completed the shelves shall be coated with epoxy lining system, per applicable section 502-5.4, from the bottom six inches of the manhole wall lining to the top of the channel. The minimum thickness shall be 125 mils. All exposed concrete above the low flow

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line shall be covered. The coating thickness shall be verified during installation by use of a wet mill gauge.

4. Water Tightness before Lining

After surface preparation and prior to concrete repair, the Contractor shall stop all active leaks in the existing structure. The method of stopping these leaks shall be by injection of chemical grout as approved by the Engineer. Chemical grout shall be 3M 5610 or equal. All grouting will be performed in accordance with NASSCO Spe cifications, (Refer to 10th edition, 2000 NASSCO Specification on manhole sealing, page 216, Section 3). Grouting if required by the Engineer shall be paid for on a time and material basis.

5. Finished Diameter of the Maintenance Hole

The finished inside diameter of the manhole shall be not less than 1 inch of the original inside diameter of the Maintenance Hole to preserve the maximum working area for maintenan ce equipment and worker safety.

6. Final Inspection Spark Testing

The finished Protective liners will be 100% spark tested for pinholes with a s park tester set at minimum of 15,000 volts. All areas in question shall be marked and patched. These patched areas shall be retested with the spark tester set at 15,000 volts.

Add Sections 503 to the Standard Specifications:

SECTION 503 COMPOSITE UTILITY ACCESS FRAMES AND COVERS
Composite utility access cover and frames shall be manufactured in the United States of America.

Composite utility access covers and frames shall consist of a fiber reinforced polymer (FRP) matrix consisting of between 45% to 70% fiber reinforcement by we ights. Fiber reinforcement shall consist of fiberglass, carbon, aramid, basalt and/or hybrid chemical composition. The finished product will inherently feature strength to weight ratio of 750:1. All products shall be audited by an Independent Third Party.

Composite utility access covers and frames must be of a weight that is safe for one individual to handle. Covers and frames must also contain a surface feature that facilitates easy removal and product handling. Covers should also contain a locking feature or mechanism that retains the cover to the frame. Composite utility access covers and frames will be tested to ASTM Standard C1028 – finished products will feature a skid slip ratio of 0.6 in both wet and dry applications.

Product shall meet AASHTO M306-05 H-20 & H-25 EN 124 D400 load rating.

Frames and covers shall be set to the grade in the immediate area. The area around the frame and cover shall be filled with paving materials, the surface of which shall conform to the grade of the finished surface. Manhole lining repairs and spark testing shall be done for the existing lined manholes where specified in the bid items. Contractor shall dispose of the removed access frames and covers and debris from removal.

Manholes and sewer lines must be cleaned of any debris that is dropped into the manhole.

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Construct 12” Portland cement concrete collar (560-C-3250 concrete) around manhole cover and frame. Circular collar in paved areas, manhole shall be raised to grade and concrete collar poured after final surface course is placed. See City of Buena Park Standard STD-505 and STD-510 for additional information.

PRODUCTS:

1. GMI Composite Cover, 2600 Series Frame and Cover, with TwistLIFT Lock manufactured by Titus Industrial Group, Inc.

2. Or approved equal. Any substitutes shall be approved by the Engineer.

Add Section 504 to the Standard Specifications:

SECTION 504 SEWER MANHOLE FRAME AND COVER
Replacement of sewer manhole covers shall comply with City of Buena Park Standards STD-505 and STD-510.

Existing frames shall be adjusted to grade with materials of the same kind or quality as those in the original structures and in accordance with the Standard Specifications. After the frame has been removed from the top of each structure, it shall be cleaned to provide a suitable foundation for the new liner material. The existing frames and covers shall remain the property of the City of Buena Park.

Frames shall be set to the grade in the immediate area. The area around the frame and cover shall be filled with paving materials, the surface of which shall conform to the grade of the finished surface.

Manholes and sewer lines must be cleaned of any debris that is dropped into the manhole.

Construct 12” Portland cement concrete collar (560-C-3250 concrete) around manhole cover and frame. Circular collar in paved areas, manhole shall be raised to grade and concrete collar poured after final surface course is placed. See City of Buena Park Standard STD-505 and STD-510 for additional information.

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PART 6:

TEMPORARY TRAFFIC CONTROL

Unless otherwise noted, the provisions below shall supplement those provisions in Part 6 of the Standard Specifications.

SECTION 600 ACCESS

600-1 GENERAL

All construction work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular and pedestrian traffic.

The Contractor shall be responsible for the protection of all modes of transportation until the Work called for in the Contract Documents and as directed by the Engineer is complete.

Access to properties shall be maintained at all times during construction. Temporary drive approach ramps constructed of recycled materials or temporary asphalt (12" minimum width) shall be installed as approved by the Engineer.

SECTION 601 TEMPORARY TRAFFIC CONTROL FOR

CONSTRUCTION AND MAINTENANCE WORK ZONES

601-2 TEMPORARY TRAFFIC CONTROL PLAN (IF APPLICABLE)

All Work shall require maintenance and control of traffic during the construction period. The Contractor shall provide a detailed Traffic Control Plan (“TCP”) for all phases of construction for review and shall conform to the Standard Specifications, General Provisions, Special Provisions, the latest edition of the California Edition of the Man ual on Uniform Traffic Control Devices (“MUTCD”), the latest edition of Caltrans Standard Specifications and the latest edition of Caltrans Standard Plans and must be approved by the Engineer before construction. The TCP shall be prepared under the supervision of and signed and stamped by a California -registered Professional Civil Engineer or a Traffic Engineer, as determined by the Engineer.

The TCP shall be drawn to a 1 -inch = 40 feet scale on either 11 x 17 inches or 24 x 36 inches plan sheets as dictated by the length of the Work. The TCP shall cover signing, flagging, detour, geometric, delineation and channelization, barriers and barricades, separation of opposing traffic streams, and hours of flash operation at signalized intersection(s). The Contractor shall not commence work before receiving an approved TCP. Any delay in acquiring TCP approval will be at the Contractor’s expense and no additional Working Days will be granted.

For construction in the vicinity of a school, the Contractor shall contact the School District, obtain a school schedule and school circulation plan, and incorporate information into the Project’s schedule and traffic control, such that within one thousand (1,000) feet of the appropriate school district(s) on routes serving the school for student arrivals and departures are not impacted

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between one (1) hour before and one-half (1/2) hour after the school day start time and one (1) hour before or one-half 1/2) hour after school day end time.

Add Subsection 601-2.3 to the Standard Specifications:

601-2.3 Work Area Traffic Control:

Lane closures shall conform to the requirements of the Work Area Traffic Control Handbook (WATCH Manual) and the traffic control plans for the project. At the close of each working day access to private property and cross streets shall be provided. All signs shall conform to and be placed in accordance with current City, State Standards and approved traffic control plans and as directed by the Engineer. Delineators shall be single column 42” plastic type with reflective sleeves. Barricades shall have flashers.

Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

When entering or leaving streets, the Contractor's equipment, whether empty or loaded, shall in all cases yield to traffic.

Flagmen and guards, while on duty and assigned to give warning to the public that an area is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment by the Contractor in accordance with the current "Instructions to Flagmen," containe d in the State of California, Department of Transportation, Traffic Manual. The equipment shall be furnished and kept clean and in good repair by the Contractor at th e Contractor’s own expense. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in the current "Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways." Contractor shall provide solar-powered battery, sequential arrow boards for all lane closures per the traffic control plan of this contract.

The Contractor shall provide and maintain all signs, barricades, pedestals, flashers, delineators, and other necessary facilities for the protection of the motoring public within the limits of the construction area. If any traffic control facilities are damaged, displaced or are not in an upright position from a cause, said cones or portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The Contractor shall also post proper signs to notify the public regarding detours and the condition of the street, all in accordance with the provisions of the Vehicle Code and the current State of California Manual on Uniform Traffic Control Devices (MUTCD) . Covering of signs and signal heads shall be accomplished by using burlap sacks only; no taping will be allowed. The base material of construction area signs shall not be plywood.

Portable delineators shall be spaced as necessary for proper delineation of the travel way. The length of taper for each lane width of closure shall be per the California Work Area Traffic Control Handbook (WATCH) manual.

Upon completing each phase, the Contractor shall immediately remove all temporary devices associated with the traffic control from the job site while restoring all pre-existing devices to their original condition.

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The Engineer shall have the authority to order field changes for alleviating potentially hazardous and/or traffic congestion-causing conditions, at no cost to the City.

PART 7:

STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

Unless otherwise noted, the provisions below shall supplement those provisions in Part 7 of the Standard Specifications.

SECTION 701 CONSTRUCTION

701-4 DAMAGE TO EXISTING SYSTEMS

The Contractor is to take special note of existing traffic signal detectors, conduits, pull boxes and other electrical facilities that are located in the proposed construction areas.

The Contractor shall ascertain the exact location and depth of existing detectors, conduits, pull boxes and other electrical facilities before using any tools or equipment that may damage or interfere with such facilities. The Contractor will be held respo nsible for any damage to the facilities and claims related to damage caused by his operations. Said costs and/or claims will be deducted from any moneys due to or to become due to the Contractor.

The cost of any temporary systems, which becomes necessary due to damage of existing facilities or the convenience of the Contractor, shall be at the Contractor's expense and no compensation will be allowed therefore.

Add Subsection 701-17.6.7 to the Standard Specifications:

701-17.6.7 DETECTORS

All limit line detector loops shall be able to detect the Reference Bicycle Rider (RBR) per the requirements of Revision 3 to the 2014 (or Latest Edition) California Manual on Uniform Traffic Control Devices (CA MUTCD) Section 4D.105(CA).

Limit line detector loops shall be Caltrans Type D per Caltrans 2018 (or Latest Edition) Standard Plan ES -5B. All other detector loops shall be Caltrans Type E per Caltrans 2015 (or Latest Edition) Standard Plan ES -5B. Installation of all detector loops shall be per Caltrans 2015 (or Latest Edition) Standard Plan ES-5A and ES-5B.

Prior to project acceptance, all loops shall be megger-tested from the controller cabinet to verify continuity of all splices as well as inductance of loops. Continuity tests and reading shall be documented and witnessed by the City Traffic Engineer or the ir representative. Bicycle loops

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shall be tested to detect the RBR with 95% accuracy within a 6 foot by 6 foot limit line detection zone. This RBR testing shall require the Contractor to provide a bicycle and rider matching the definition of the RBR. Full compensation for testing costs shall be considered as included in the contract bid prices for various items of work, and no additional compensation will be allowed.

For reference, Revision 3 to the 2014 (or Latest Edition) CA MUTCD defines the Reference Bicycle Rider as: “a minimum 4 feet tall person, weighing minimum 90 lb, riding on an unmodified minimum 16 inch wheel bicycle with a non -ferromagnetic frame, non -ferromagnetic fork and cranks, aluminum rims, stainless steel spokes, and headlight.”

PART 8:

LANDSCAPING AND IRRIGATION

Unless otherwise noted, the provisions below shall supplement those provisions in Part 8 of the Standard Specifications.

SECTION 800 MATERIALS

Add Section 800-1.6 to the Standard Specifications:

800-1.6 Root Barrier

Where tree roots have been cut to repair curb and gutter, root barrier systems shall be installed where indicated on the plans at the discretion of the Engineer in accordance with the Orange County Public Works Standard Plan 1708.

These root barrier systems shall be constructed/ installed per manufacturer’s brochures/plans as approved in place by the Engineer or his designee prior to covering each site and replacing soil, landscaping irrigation, grass, etc.

4150 Long Beach Boulevard, Long Beach, CA 90807 • 562-928-6111 • fax: 562- 928-7339 • www.warasic.com State Contractor’s License #A368761 • DIR Registration No. 1000000649

June 16, 2025

City of Buena Park
Department of Public Works
6650 Beach Blvd.

Buena Park, CA 90621

Attention: Mr. Jaden Miller, P.E.

Reference: Request for Proposal On-Call Emergency Water Repair Services Subject: Transmittal
Letter

Dear Mr. Miller ,

W.A. Rasic Construction Company, Inc., a California Corporation , with a 41+ year track record of successful project delivery, is capable and committed to providing t he appropriate resources required to fully support the Cit y of Buena Park on a wide range of projects system wide. W.A.

Rasic Construction is a general engineering contractor with an A and C-34 license issued by the State of California. Our strong qualification for bein g considered by your firm for this On-Call Emergency contract is based, in part, on our experience, which includes constructing some of the most difficult projects in the Western States, and our wide-ranging expertise as it relates to construction of petroleum pipelines, fueling facilities, large water diameter pipelines, sewer facilities, treatment facilities and civil projects.

In addition, we will provide the City of Buena Park with an ext remely well rounded and qualified team, composed of dedicated and experienced team members. W.A. Rasic Construction has performed numerous projects in the Orange County area, with many being emergency responses.

One of the core functions of the Select Division of the company is emergency and on-call response to water and wastewater municipalities, companies, and districts throughout Southern California. Our project team and field personnel are extremely familiar with emergency and on-call response work and will apply that expertise to our services to the City of Buena Park.

Herein you will find our response to the Request for Proposals via the outline described in the bid documents and containing all information requested. It will demonstrate that W.A. Rasic meets and exceeds all of the requirements of the City.

I am confident the experience, energy, enthusiasm, and desire of our team to manage your emergency and on-call needs with your firm is evident in the contents of this qualification submittal.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Table of Contents

1. Company Qualifications / Scope of Work

2. Contractor’s Representative

3. Local Staffing List

4. Subcontractors

5. Advance Notice Requirements

6. Evidence

7. References

8. Bid Questionnaire

9. Fee Schedule

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Section 1 - Company Qualifications / Scope of Work

Since its inception in 1978 W.A. Rasic Construction Company, Inc. has focused primarily on constructing public works sewer, storm drain, and water projects throughout Southern California. With a focus on quality and forming long term relationships, W.A. Rasic Construction continues to secure and successfully complete some of the more difficult projects in both the public works and private sector, even in this challenged economic environment.

W.A. Rasic Construction performs millions of dollars of emergency work for over 30 clients and is one of the main core businesses of the Select Division, one of four divisions of the company.

W. A. Rasic employs only skilled union labor, resulting in work performed faster, safer, and with a high degree of quality. We currently employ over 400 skilled professionals. We are on the on-call list for so many entities because we have a demonstrated track record of response, thoroughness, and quality of work. W.A. Rasic Construction has in-depth knowledge of the area and can offer competitive total project cost because of our skill level and familiarity with the work.

W.A. Rasic Construction owns a very large and diverse equipment fleet. Because of this, our yard location, and full-time staff, we can normally respond within two hours from receiving an emergency call, with most being responded within an hour. We have fully equipped emergency response trailers that the foremen can quickly attach to that will provide the majority of equipment and tools necessary to complete the repairs.

W.A. Rasic Construction is also setup for after-hours emergencies. We maintain a list of employees who have made themselves available for such work, and maintain emergency numbers for our key water works suppliers that can also make materials available 24-hours a day. Our response time for after-hours emergency work is typically within two hours. W.A.

Rasic Construction’s corporate office, containing all of its project management, engineering, and administration staff is located in the City of Long Beach, just a short distance from the City of Buena Park. This will allow us to quickly get management to the site to evaluate and assist in any emergency or to meet the City’s staff to look at work in the field for upcoming tasks.

In its long history W.A. Rasic has never failed to complete a project. Considering that we target the most difficult projects in the Western States, we believe that this is a testament to our staff’s dedication and ability to deliver projects regardless of difficulty.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

W.A. Rasic Construction is one of the largest privately held utility and heavy civil contractors in the Western States. We are currently ranked #14 nationwide in utility construction by ENR.

Constructing a wide range of projects, varying in size from $5,000.00 to $100,000,000.00 under a multitude of delivery methods, W.A. Rasic Construction stands out as a truly diverse civil company focused on safety, quality, teamwork, and developing long lasting client relations.

Our capabilities include:
▪ Water
▪ Wastewater
▪ Oil & Gas
▪ Power & Communications
▪ Storm Drain
▪ Concrete Facilities
▪ Mechanical Piping
▪ Tunneling
▪ Rail
▪ Design-Build
▪ Emergency Response
▪ Shoring
▪ Dewatering
▪ Demolition & Recycling
We proudly stand as one the few
contractors with the flexibility, diversity
and capability to span the full spectrum of
civil construction.

Our corporate headquarters is located in
Long Beach, California, with two primary
staging locations for our equipment fleet in
Southern California: our five-acre
operations facility located in Bell Gardens,
and our five-acre Perris facility. These two
primary equipment facilities allow W.A.

Rasic Construction to house and maintain a
large fleet of equipment.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

W.A. Rasic Construction’s smallest project for 2025 was $1023. Its largest under construction is over $100M. We approach every project the same with focus on quality, safety, and timeliness.

This is how we have built our reputation and obtained so many on-call contracts based on our demonstrated history.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Section 2 – Contractor’s Representative

For this contract the primary representative would be:

Shane Sato, EIT, STSC
Division Manager
[email protected]
310-864-0278 mobile

The alternate contact for emergency response would be:

Manuel Cristobal
Project Manager
[email protected]
310-864-1225 mobile

W.A. Rasic Construction maintains a call service after-hours at 562-928-6111. This ensures that the City will always be able to reach someone at W.A. Rasic for emergency response.

If awarded the contract we would meet with the City and provide a call list of representatives that would interface with the City’s field staff for even quicker response.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Section 3 - Local Staffing List

W.A. Rasic Construction’s corporate headquarters is located in Long Beach, California, with primary staging location for our equipment fleet at our five-acre operations facility located in Bell Gardens. This equipment facility allows W.A. Rasic Construction to house and maintain a large fleet of equipment ranging from Super-10 Dumps, Heavy Trucks, Trailers, and Backhoes to Graders, Hydraulic Breakers, Loaders, and Excavators that range in size from 7,500 lbs to over 200,000 lbs. W.A. Rasic Construction owns one of the most comprehensive fleets, giving us the capability to successfully construct virtually any civil piping project.

W.A. Rasic Construction employs over 400 skilled employees in the Southern California area performing over 1,000 projects a year. There are always multiple crews within a two (2) hour drive to the City of Buena Park. Our corporate office is in Long Beach, only minutes away from the City of Buena Park. Project management and field engineers are stationed there so we can have management onsite within a short period of time during the day and not much more at night.

W.A. Rasic Construction plans to self-perform the majority of the work awarded. If there comes a time where we have to hire a Subcontractor for a specific scope we will forward the necessary information to the Agency.

W.A. Rasic Construction utilizes all union-signatory field staff and subcontractors. This assures us a large pool of trained and skilled talent at all times. This also assures the City that prevailing wages will be paid as the local unions’ wage scales all match the state and county prevailing wage structures.

Our staff is well-versed in the requirements of working in coastal environments as we provide similar services for the City of Long Beach, County of Los Angeles Public Works, California Water Services, and others all operating next to the ocean and coastal areas. W.A. Rasic Construction performs over $120 million a year in Public Works projects for various entities in Southern California so are very familiar with the requirements of public works contracting, rules, regulations, and standards. We have performed well over a thousand projects involving water, sewer, and storm drainage and are one of the most experienced in the state.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Below is an organizational chart showing some of the team members that would be involved with on-call work for the City of Buena Park.

DI VI SI ON MANAGER - SELECT DI VI SI ON SAFETY MANAGER

SHANE SATO, EI T, STSC RI CHARD SAHAGUN

PROJ ECT MANAGERS

STEVE TAMER

MANUEL CRI STOBAL

FI ELD SUPERI NTENDENTS PROJ ECT ENGI NEERS ESTI MATI NG

BRYAN KI ER SERGI O PI NEDA RACHEL RUTHERFORD

BOB FRAI J O ANDY NEMES MATTHEW GRI MALDI

HUMBERTO BOBADI LLA OSCAR MORALES ANTHONY TORRES

ALEJ ANDRO MORALES MATTHEW RODRI GUEZ

ROBERT BEYER

GI LBERT AGUI ANO

Shane Sato, Division Manager – BS/Civil Engineering/University of Hawaii at Manoa, 1996. Over 27 years of experience, ranging from pipelines and plants, to heavy civil, highway infrastructure, and underground utilities. He has worked on many various types of construction projects throughout the country. In addition to managing the work he is knowledgeable in managing labor forces, risk, maintenance programs, insurance, right-of-way acquisition, public relations, and scheduling. He has served as Project Manager, Superintendent, Project Engineer, and Estimator for projects ranging from $1,000 repairs to $1.75 billion design-build efforts.

Engineer in Training (EIT), Southern California Water Utilities Association member, STSC, and State of California SWRCB Water Distribution Operator Grade D2 certification.

Richard Sahagun, Safety Director – Over 21 years of experience in the pipeline/civil construction industry. He has over 12 years of experience in safety coordination/management in multiple projects at a time. His expertise includes projects for the oil, gas, water, wastewater, and underground utilities industries. He coordinates and provides the training for all field personnel as required by State and Federal Laws. In conjunction with his staff of safety professionals performs site safety audits, writes Site Specific Safety Plans, reviews, and conducts safety stand down, tailgate and JHA meetings to ensure full compliance with client requirements and as directed by law. Please see resume below for a listing of memberships and certifications.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Robert Fraijo, Superintendent – Over 35 years in the construction industry. Bob is a construction superintendent overseeing numerous types of construction activities. His specialties include above ground mechanical piping projects, such as gas lines, steel piping, and double containment PVC chemical lines.

Bryan Kier, Superintendent – Over 23 years of civil construction experience in the pipeline industry has allowed him to coordinate effectively with multiple municipalities. Safety Trained Supervisor Construction (STSC).

Humberto Bobadilla – Superintendent – Over 33 years of experience in underground utility and pipeline work including trenching, excavation, trenchless installation, and rehabilitation of wet and dry utilities. Skilled in managing public works contracts ranging from $100K to over $15 million.

All of the key personnel listed above are more than capable of performing all the tasks that W.A. Rasic Construction will be self-performing for this contract and safely delivering a high quality project on schedule and on budget. All are familiar with on-call and emergency work.

Once we receive a task order, we will assign the key personnel based on current availability, ensuring that the City of Buena Park is provided with a top-tier management team for the project. W.A. Rasic Construction commits to providing the City of Buena Park with a complete team for any emergency or on-call work it is assigned.

Negotiation of the contract with the City of Buena Park would be W.A. Rasic Construction’s president, Peter L. Rasic. Other signatories include Walter A. Rasic, Jr., V.P./Secretary.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Section 4 - Subcontractors

W.A. Rasic Construction utilizes only subcontractors we are familiar with and can provide services at the level of quality and safety that we hold ourselves to. For an emergency on-call contract it is difficult to anticipate everything that may happen. However, we would normally utilize the services of these quality subcontractors for possible water related work. Generally, W.A. Rasic Construction can self-perform the vast majority of normal water utility related work.

Koppl – Hot Taps & Line Stops
Wells Tapping Services – Hot Taps & Line Stops
Rangeline – Hot Taps & Line Stops
Tom Grbavac & Sons – Sawcutting / Coring
Hardy & Harper – Asphalt Grind & Cap / Slurry Seal (wide sections – major paving) Guzman Grading & Paving – Asphalt Grind & Cap / Slurry Seal (wide sections – major paving) All-American Asphalt – Asphalt Grind & Cap / Slurry Seal (wide sections – major paving) Safety Network – Engineered Traffic Control Plans / Major Intersection Traffic Control

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Section 5 – Advance Notice Requirements

This contract requires response within three (3) hours for an emergency call out. We are fully able to meet that requirement as we have personnel and equipment throughout Los Angeles County, Orange County, and the Inland Empire.

The vast majority of our emergency on-call contracts require response within two (2) hours from a call, and that is the way we are setup for these types of responses. Generally we will have a foreman, superintendent, or other manager onsite within an hour and crews would begin mobilizing within that timeframe. Generally, we will have a minimum crew consisting of a backhoe, flatbed dump truck, traffic control, and laborers onsite within two hours, with additional equipment and subcontractors mobilizing as needed.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Section 6 – Evidence

Our work history, qualifications, and references proving our capabilities are within other sections of the proposal. Below are some other information showing we are fully licensed and qualified.

Company Name: W.A. Rasic Construction Company, Inc.

Address: 4150 Long Beach Blvd., Long Beach, CA 90807
Telephone Number: (562) 928-6111
Fax: (562) 928-7339
Type of Entity: A California Corporation
License # 368761
Classification: A, C34
DIR# 1000000649
City License #: 14206428
Years in Business: 46 Years
Owners: Peter L. Rasic - President
Franky A. Rasic - Vice President/Treasurer
Walter A. Rasic, Jr. - Vice President/Secretary

Addendum No. 1 added a requirement to show proof of bonding capacity. Please find attached Addendum No. 1 and letter from our bonding company.

January 9, 2025

Re: W.A. Rasic Construction Company, Inc.

Surety Pre-Qualification Letter

To Whom It May Concern,

W.A. Rasic Construction Company, Inc. is a valued surety client of Liberty Mutual Insurance Company since 2004 and has asked us to write to you regarding their bond capacity. We understand that you are considering them for future projects. Whereas we have not set a maximum single / aggregate bond limit, we would consider bonds as large as $250,000,000.00 within an aggregate program of $500,000,000.00.

Our investigation of W.A. Rasic Construction Company, Inc. clearly indicates a company that is thoroughly versed in the construction industry, with a wealth of experienced people, who have become known for their ability to complete jobs on schedule and within budget, complemented with excellent workmanship.

Based on our normal conditions being prevalent and all underwriting conditions being met, we can foresee no difficulty in fulfilling requests by your organization to execute faithful performance and labor and materials bonds, as required by the terms of a contract awarded to W.A. Rasic Construction Company, Inc.

Liberty Mutual Insurance Company is a California Admitted Surety Insurer, is listed on the Federal Register Circular 570, and is rated A (Excellent) XV by A.M. Best.

You understand, of course, that our consideration and issuance of bonds is a matter solely between W.A. Rasic Construction Company, Inc. and ourselves, and will be subject to our standard underwriting at the time of the request, which will include but not be limited to the acceptability of the contract documents, bond forms and project financing. We assume no liability to third parties or to you by issuance of this letter or if for any reason we do not execute said bond or bonds.

Regards,

LIBERTY MUTUAL INSURANCE COMPANY

Daniel Huckabay
Attorney-in-Fact

ACKNOWLEDGMENT

State of California
County of Orange

On 01/09/2025 before me, Melissa Ann Vaccaro, Notary Public personally appeared Daniel Huckabay
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_______________________ (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
9th
January
2025

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Section 7 - References

W.A. Rasic Construction Company performs on-call and emergency response to many agencies and entities similar to the work contemplated on this contract. W.A. Rasic Construction is an established leader in Emergency Response and is a core business of the Select Division of the company. We respond to all emergency callouts on a 365 day a year, 24-hour basis. We have responded to thousands of on-call projects throughout the history of the company. Below are descriptions with contact references for verification for similar on-call work performed for the past five (5) years:

Orange County Water District – Emergency On-Call and Minor Work Orders Perform emergency response to water main breaks on various OCWD pipe systems, minor repair and adjustments on valve boxes, monitoring wells, enclosure boxes, etc.

Contact: Ben Smith | 714-378-3211 | [email protected] or John Bonsangue | 714-378-3353

County of Los Angeles Public Works Waterworks – Emergency On-Call Perform emergency response to domestic water distribution system throughout service area and other related work on as-needed basis.

Contact: Randy Range | 661-607-8353 | [email protected]

City of Glendale – Emergency On-Call Sewer and Storm Drain Perform emergency response to storm drain and sewer system throughout service area and other related work on as-needed basis.

Contact: Armen Avazian | 818-937-8246 | [email protected]

Liberty Utilities Agency – Emergency On-Call and Minor Work Perform emergency response to domestic water distribution system throughout service area and other related work on as-needed basis.

Contact: Armando Gonzalez | 562-805-2080 | [email protected]

California Water Service Company – Master Contractor Program Perform all water main and service installations in the East Los Angeles service area. Handle all emergency water main breaks and repairs, along with other work on as-needed basis.

Contact: Jim Crawford | 323-722-8601 | [email protected]

Sunny Slope Water Company – Emergency On-Call and Minor Work Perform all water main installation, service installations, emergency response, and other minor work on as-needed basis.

Contact: Troy Holland | 626-287-5238 | [email protected]

Rowland Water District – Emergency On-Call
Perform emergency response to domestic water distribution system throughout service area and other related work on as-needed basis.

Contact: Keith Fouts | 562-690-7145 | [email protected]

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Inland Empire Utilities Agency – Emergency On-Call and Minor Work Perform emergency response to recycled water and primary sewer piping and facilities. Price and perform contract work up to $2M on piping or facilities.

Contact: Jerry Burke | 909-993-1547 | [email protected]

City of Chino – Emergency On-Call
Perform emergency response to domestic water distribution system throughout service area and other related work on as-needed basis.

Contact: Ernesto Robledo | 909-703-9897 | [email protected]

City of Chino Hills – Emergency On-Call
Perform emergency response to domestic water distribution system throughout service area and other related work on as-needed basis.

Contact: Rene Mendoza | 909-364-2800 | [email protected]

Other agencies we have contracts for on-call emergency work (not full list):

City of Anaheim Mesa Water District City of Corona
City of Cerritos City of South Gate Orange County Water Dist.

Port of Long Beach East Orange County Water City of Pico Rivera Rowland Water District City of Signal Hill City of L.A. Dept. Gen Svcs.

Orange County San. Dist.

We have many more private clients that we perform on-call and emergency work for. This list is confidential and can be discussed in a closed-door meeting.

As you can see from our client list, W.A. Rasic Construction has vast experience in on-call and emergency work. We typically have at least one (1) crew on on-call or emergency work every day of the year. We have responded to emergencies on Christmas, Thanksgiving, and about every holiday. We have responded to emergencies as small as a 1” service line to pipe > 40” and 30-feet deep. We treat every emergency the same, as priority one. We have asbestos pipe trained workers, confined space competent people, competent people in trench shoring and excavation, etc.

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Section 8 – Bid Questionnaire

See Attached

BID QUESTIONAIRE

Compliance with Occupational Safety and He alth Laws and with Other Labor Legislation Safety

1. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five years? NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.

☐ Yes ☐ No

If “yes,” attach a separate signed page describing the citations, including informa tion about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decisio n has been issued, state the case number and the date of the decision.

2. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citatio n and the Appeals Board has not yet rules on your appeal, or if there is a court appeal pending, you need not include information about the citation.

☐ Yes ☐ No

If “yes,” attach a separate signed page describing each citation.

3. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contactor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet rules on your appeal, or if there is a court appeal pending, you need not include information about the citation.

☐ Yes ☐ No

If “yes,” attach a separate signed page describing each citation.

4. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project?

_______________ ___________________________________________________

5. List your firm’s Experience Modification Rate (EMR) (California workers’ compensation insurance) for each of the past three premium years: NOTE: An Experience Modification Rate is issued to your firm annually by your workers’ compensation insurance carrier.

Current year: _______
Previous year: ______________
Year prior to previous year: _________

If your EMR for any of these three years is or was 1.00 or higher you may, if you wish, attach a letter of explanation.

6. Within the last five years has there ever been a period when your firm had employees but was without workers’ compensation insurance or state-approved self-insurance?

☐ Yes ☐ No

If “yes,” please explain the reason for the absence of workers’ compensation insurance on a separate signed page. If “No,” please provide a statement by your current workers’ compensation insurance carrier that verifies periods of workers compensation insurance coverage for the last five years. (I f your firm has been in the construction business for less than five years, provide a statement by your workers’ compensation insurance carrier verifying continuous insurance coverage for the period that your firm has been in the construction business.)

Prevailing Wage and Apprenticeship Compliance Record

7. Has there been more than one occasion during that last five years in which your firm was required to pay either back wages or penalties for own firm’s failure to comply with the state’s prevailing wa ge laws? NOTE: This question refers only to your own firm’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor.

☐ Yes ☐ No

If “ yes,” attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of the back wages and penalties that you were required to pay.

8. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis- Bacon prevailing wage requirements?

☐ Yes ☐ No

If “ yes,” attach a separate signed page or pages, describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were i nitially underpaid, the amount of the back wages you were required to pay along with the amount of any penalty paid.

9. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 2014, if the violation was by a subcontractor’s violation at the time they occurred.

☐ Yes ☐ No

If “ yes,” provide the date(s) of such findings, and attach copies of the Department’s final decision(s).

City of Buena Park
Request for Proposals – On-Call Emergency Water
Repair Services

Section 9 – Fee Schedule

W.A. Rasic Construction Company, Inc. is a fully union-signatory company. As such, all labor rates are per prevailing wage. Attached are our fully burdened and marked up labor and equipment rates. We request these be considered confidential to the City’s use and view only to fullest extent permitted by law.

Materials, rentals, services, etc. shall be marked up 15%. Subcontractors would be subject to a 10% markup.

July 8, 2025

NEW BUSINESS
Item No. 5A.

City Council Agenda Report
AGREEMENT WITH SOUTHEAST AREA ANIMAL CONTROL AGENCY (SEAACA) FOR ANIMAL CONTROLSERVICES FOR FY 2025-26

PREPARED BY PRESENTED BY
Jessica Fewer, Senior Management AnalystJessica Fewer, Senior Management Analyst

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager

RECOMMENDED ACTION
1) Approve an agreement with the Southeast Area Animal Control Authority (SEAACA) for animal control services for FY 2025-2026; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; and, 4) Approve a budget amendment in the amount of $171, 200 from the undesignated General Fund balance for this purpose.

PREVIOUS CITY COUNCIL ACTION
Each year, the City Council approves an agreement with SEAACA for animal control services.

DISCUSSION
Since July 1, 2008, the Southeast Area Animal Control Authority (SEAACA) has provided animal control services for the City of Buena Park. SEAACA provides the City with a dedicated field officer as well as animal shelter services for the community. The total cost for SEAACA's FY 2025-2026 field and shelter services will be $869,890.26.

Historically, SEAACA has provided a guaranteed revenue amount to the City in the form of animal licenses/fees collected. In turn, the City would pay a "net cost" to SEAACA at the beginning of the contract and SEAACA would collect animal licenses for the remainder of the City cost to make themselves whole. Starting this fiscal year, SEAACA will no longer be offering a guaranteed amount to the City. Instead, the City will be required to pay the full amount of the contract with no guarantee for animal license/fee revenue. Due to this change, staff is requesting a budget amendment to cover the entire cost of the contract.

Staff is committed to finding contractors that best serve our community, while considering cost. Should staff identify a service provider that better suits the City's needs, staff will proactively bring the subject service forward for discussion.

BUDGET IMPACT
The total cost of the agreement is $869,890.26. A total of $698,700 was included in the proposed FY 2025-2026 for this purpose. The new contract language was not provided to staff until the proposed FY 25-27 budget was nearing completion. Therefore, a budget amendment in the amount of $171,200 is required to fund the remaining amount of the contract for FY25-26.

Attachments
Buena Park Agreement for Animal Control Services - FY 25 - 26.pdf

Agreement for Animal Control and Sheltering Services FY 2025/2026 Page 1

AGREEMENT FOR ANIMAL CONTROL SERVICES

THIS AGREEMENT FOR ANIMAL CONTROL SERVICES is effective the 1st day of July 2025, by and between the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY whose address is 9777 SEAACA Street, Downey, California (herein, "SEAACA”) and the CITY OF BUENA PARK, a California Corporation, whose address is 6650 Beach Boulevard, California 90622-5009 (herein “CITY").

RECITALS

WHEREAS, SEAACA is a public agency and joint powers authority organized by the Cities of Downey, Norwalk, Pico Rivera, Bell Gardens, Montebello, Paramount, Santa Fe Springs, and South El Monte, created pursuant to the provisions of section 6500 et seq. of the California Government Code for the purpose of providing Animal Control and Sheltering S ervices within the boundaries of the member cities and under contract with other governmental agencies located in Southern California.

WHEREAS, SEAACA has provided such Animal Control and Sheltering Services to the CITY under contract originally dated July 1, 2008, and continues to provide such services to the CITY on the terms and conditions set forth in the original contract as amended on sever al past occasions by the parties, with the last Agreement for Animal Control Services dated July 1, 202 4 (together the “Agreement”) for a term of one year.

WHEREAS, CITY has requested that SEAACA continue to provide Animal Control and Sheltering Services to the CITY, under the agreement originally dated July 1, 2008, and SEAACA desires to continue providing such services, and both parties desire to enter into this Agreement for Animal Control and Sheltering Services.

WHEREAS the parties have authorized entering into this Agreement for Animal Control and Sheltering Services by formal action of their respective governing bodies, taken at properly noticed meetings.

NOW THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

AGREEMENT

1.0 TERM. The term of this Agreement shall be for one year commencing on July 1, 2025 (“Effective Date”) and shall remain in full force and effect until June 30, 2026, unless sooner terminated as provided in Section 6.0 or 3.7 (the “TERM”).

2.0 SEAACA’s OBLIGATIONS. During the term of this Agreement, SEAACA agrees to perform the following services for the CITY within the CITY’s jurisdictional boundaries (cumulatively the “Services”).

2.1 Provide one (1) assigned officer, totaling forty (40) hours per week.

2.2 Patrol the streets of CITY as many additional hours per month as necessary to enforce the provisions of the Buena Park Municipal Code relating to animal control.

Agreement for Animal Control and Sheltering Services FY 2025/2026 Page 2

2.3 Enforce all applicable leash law requirements.

2.4 Enforce all applicable standards of animal care.

2.5 Maintain SEAACA’s kennels and premises in a sanitary condition at all times.

2.6 Comply with all applicable laws of the State of California.

2.7 Give the prescribed notices and use humane methods for the care and destruction of any animal coming under its jurisdiction.

2.8 Enforce all applicable State statutes with respect to those services as customarily rendered by SEAACA.

2.9 To pick up sick, injured or otherwise physically suffering stray animals from the public streets and private property.

2.10 To pick up and impound loose, stray dogs.

2.11 To pick up dead animals within 24 hours or as soon as reasonably possible.

2.12 Investigate complaints relating to animal cruelty.

2.13 Provide prompt 24 -hour per day emergency service response for injured or vicious animals.

2.14 Provide all services and materials to establish and maintain licensing and canvassing programs.

2.15 Canvass all delinquent licenses each year and every household in the CITY of minimum of once every two years to ensure that all animals required to have licenses are indeed licensed.

2.16 Provide licensing services at two rabies clinics each year.

2.17 Keep and maintain during the term of this Agreement, books and records pertaining to the licensing of dogs, collection of fees, and impounding of animals. Said books and records shall be available for audit and examination by the CITY during normal busine ss hours and with reasonable notice.

2.18 Each Quarter, during the term of this Agreement, SEAACA shall provide CITY, an Animal Control and Sheltering Statistical Report. During the term of this Agreement, at the close of the fiscal year, SEAACA will report to CITY the total dollar amount of lice nse fees collected. SEAACA shall maintain a record of all complaints received and shall furnish the CITY upon request with a record of the complaints and the way in which the complaints are handled. The record of complaints shall be available for au dit and examination by the CITY during normal business hours and with reasonable notice.

Agreement for Animal Control and Sheltering Services FY 2025/2026 Page 3

2.19 If requested in writing by CITY, services in addition to those described herein may be performed by SEAACA when SEAACA determines that such additional services will not interfere with the maintenance level of the animal control s ervices provided elsewhere by SEAACA. CITY will pay for such additional services in such amounts as are agreed to in advance and in writing by SEAACA and CITY.

3.0 CITY OBLIGATIONS.

3.1 To reasonably cooperate and assist SEAACA in performing its obligations and the Services hereunder.

3.2 The total cost to the CITY for Fiscal Year 2025-2026 shall be $869,890.26.

3.3 CITY projected Gross Cost (revenue) shall be $167,000.00. If 100% of the Gross Cost is collected, this shall be returned to the city to offset the $869,890.26. The 100% collected Gross Cost shall be paid to the CITY at the close of Fiscal Year 2025 -2026.

There is no “Guaranteed” annual revenue amount under this agreement.

3.4 If Gross Costs (revenues) exceed the $167,000.00 for the term of this Agreement (“Fiscal Year 2025-2026”), then fifty percent (50%) of the Gross Cost in excess of the applicable Gross Cost shall be paid to the CITY at the close of Fiscal Year 2025-2026.

3.5 SEAACA shall establish a contract rate and if warranted, an updated revenue goal to the CITY at least sixty (60) days prior to the end of the fiscal year during the term of this agreement.

3.6 The CITY cost shall be paid by CITY to SEAACA in two (2) equal payments of $434,945.13 upon receipt of an invoice, with the first such invoice scheduled for July 1, 2025, and October 1, 202 5. The CITY shall remit payment of invoiced amounts within thirty (30) days after receipt of the invoice. If payment is not delivered to SEAACA within thirty (30) days after CITY’s receipt of the invoice, SEAACA is entitled to recover interest thereon at the rate of 10% or the highest legal rate, whichever is lower, to be calculated from the last day of the month in which the Services were performed. If such payment is not delivered to SEAACA within the time set forth hereabove, SEAACA may satisfy such indebtedness, including interest thereon, from any funds of the CITY on deposit or to the credit of SEAACA, without giving further notice to CITY of SEAACA’s intent to do so.

3.7 100% of collected Gross Costs ($167,000.00) shall be excluded and SEAACA shall be entitled to and shall retain all moneys that it receives for impounding, boarding, donations, spay/neuter procedures, all fees and/or fines collected resulting from administrative hearings conducted by SEAACA, as well as the revenues of any fines and other penalties/fines imposed by the State of California.

3.8 The compensation and financial provisions of Sections 3.2 and 3.3 may be adjusted during the fiscal year of a subsequent Agreement entered into. At least ninety (90) days prior to the end of the term of this Agreement, the PARTIES shall commence negotiations to determine the compensation and financial provisions applicable to the succeeding fiscal year Agreement. If the parties are unable to agree, the PARTIES may extend this

Agreement for Animal Control and Sheltering Services FY 2025/2026 Page 4 Agreement in writing on a month-to-month basis based not to exceed sixty (60) days on a mutually agreeable written temporary compensation and financial provisions or terminate this Agreement after 30 days prior written notice of termination.

4.0 MUTUAL OBLIGATIONS. As additional consideration for the PARTIES’ performance of their respective obligations, hereunder, the PARTIES agree:

4.1 That the Services performed by SEAACA shall only encompass those duties and functions of SEAACA which are rendered by it and which it is authorized to provide pursuant to the provisions of SEAACA’s governing Joint Exercise of Powers Agreement and the statutes of the State of California.

4.2 That the rendition of Services performed hereunder, the standard of performance and other matters incidental to the performance of such service and control of personnel so employed shall remain in SEAACA. In the event that a dispute arises between SEAACA and the CITY as to the extent of the duties and functions to be rendered hereunder or the manner of the performance of such services, the determination thereof shall be made by SEAACA’s Executive Director.

4.3 That for the purpose of performing all functions, SEAACA shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to provide the nature and quality of Services to be rendered hereunder.

4.4 That all persons employed by SEAACA in the performance of this Agreement shall be SEAACA employees and no CITY employee as such shall be taken over by said SEAACA, and no person employed hereunder shall have any CITY pension, civil service or any status or right. For the purpose of performing Services and functions required by this Agreement, and for the purpose of giving official status to the performance thereof where necessary, every SEAACA officer and employee engaged in the performance of any Service hereunder shall be deemed to have authority to act on the CITY’s behalf, so long as said performance is within the scope of and consistent with this Agreement.

4.5 The CITY agrees to reasonable cooperate and meet with SEAACA regarding changes in service delivery options to assist with implementation of new programs to enhance services to the community.

5.0 INDEMNITY AND INSURANCE

5.1 CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation for any SEAACA personnel performing services hereunder for said SEAACA, or any liability other that provided for in this Agreement. Except as herein otherwise specified the CITY shall not be liable for compensation or indemnity to any SEAACA employee for injury or sickness arising out of his/her employment.

5.2 SEAACA, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts of said CITY or of any officer or employee thereof, and

Agreement for Animal Control and Sheltering Services FY 2025/2026 Page 5 SEAACA shall hold CITY and its officers and employees harmless from and shall defend CITY and the officers and employees thereof against any claim for damages resulting therefrom.

5.3 CITY, its officers and employees shall not be deemed to assume liability for intentional or negligent acts of SEAACA or of any officer or employee thereof, and SEAACA shall hold CITY and its officers and employees harmless from and shall defend CITY and the officers and employees thereof against any claim for damages resulting therefrom.

5.4 SEAACA shall maintain insurance coverage through the term of this Agreement and, the CITY shall be added as an additional insured. SEAACA shall provide the CITY with evidence of such coverage before being authorized to perform any Services hereunder, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance.

5.5 SEAACA is a member of the California Joint Powers Insurance Authority (California JPIA) and participates in self -insurance and commercial insurance programs administered by the California JPIA for its members. The Primary Liability Program Coverage Limit, including Automobile Liability, is $2,000,000 per occurrence, and the Annual Aggregate limit shall be $4,000,000; the Worker’s Compensation Program Coverage Limits shall be statutory, and the Employ er’s Liability shall be $1,000,000. CITY agrees tha t the insurance coverage provided by California JPIA as described in this paragraph shall satisfy SEAACA’s insurance obligations under this Agreement.

5.6 SEAACA’s indemnification obligations hereunder should be separate from the insurance requirements. SEAACA’s obligation to indemnify the CITY shall not in any way be reduced or limited by the limits of any policies of insurance required by this Agreement. CITY’s acceptance of evidence of SEAACA’s insurance does not in any way relieve SEAACA from liability under this section.

6.0 DEFAULT AND TERMINATION

6.1 Should SEAACA default during the term of this Agreement in the performance of its obligations as set forth herein and fail to cure said default within fifteen (15) days’ written notice to do so, then CITY may terminate this Agreement, and upon payment to SEAACA of monies owing to SEAACA for satisfactory performances rendered through the date of said termination, less any credits or offsets to the CITY by SEAACA, there shall be no obligation of the CITY to SEAACA under this Agreement. Should City fail to pay the sums owing to SEAACA as provided hereunder or otherwise default in any provision of this Agreement and fail to cure said default within fifteen (15) days’ written notice to do so, then SEAACA may terminate this Agreement, and upon payment to CITY of monies owing to CITY, there shall be no further obl igation of SEAACA to the CITY. A termination by either party under this section shall not be deemed a waiver of any rights the terminating party may have against the other party for any sums due unde r the terms of this Agreement.

Agreement for Animal Control and Sheltering Services FY 2025/2026 Page 6

6.2 Either SEAACA or CITY may terminate this Agreement for convenience by giving the other party ninety (90) day’s prior written notice.

7.0 AMENDMENT. This Agreement for Animal Control and Sheltering Services shall not be amended, or any provision or breach hereof waived, except in writing signed by the parties which expressly refers to this Agreement.

8.0 NOTICE. Any notice required to be sent hereunder shall be deemed received and addressed to the address of the parties as set forth above and deposited, postage prepaid, in the United States Post Office, or to such other address as the parties may, from time to time, in writing furnish to the other party.

9.0 NOVATION. SEAACA and CITY intend that this Agreement constitutes a novation of the Agreement and shall supersede and replace the terms of the Fiscal Year 202 5-2026 Agreement.

10.0 INCORPORATION. This Agreement constitutes the entire understanding and agreement of the parties pertaining to the subject matter hereof, and it shall supersede all prior written and oral agreements between the parties.

IN WITNESS WHEREOF, THE CITY OF BUENA PARK, by authorization of its City Council, caused this Agreement to be signed by its Mayor and attested to by its Clerk, and the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY, (a.k.a. SEAACA), by order of its Commission, has caused this Agree ment to be subscribed by the Chairperson of said Commission and attended to by its Executive Director and/or Clerk of said Commission.

CITY OF BUENA PARK SOUTHEAST AREA ANIMAL CONTROL

AUTHORITY (SEAACA)

BY:________________________ BY: ________________________ Aaron France, City Manager Tony Ayala, Chairperson

ATTEST: ATTEST:

______________________________ ______________________________ Adria M. Jimenez, MMC, City Clerk Denise Woodside, Executive Director

APPROVED AS TO FORM APPROVED AS TO FORM

______________________________ ______________________________ Christopher G. Cardinal, City Attorney Scott Nichols, Attorney July 8, 2025

NEW BUSINESS
Item No. 5B.

City Council Agenda Report

REORGANIZATION PLAN FOR THE COMMUNITY DEVELOPMENT DEPARTMENT'S CODE ENFORCEMENTDIVISION AND ECONOMIC DEVELOPMENT DIVISION, AND RESOLUTION AMENDING THE BUENA PARKTECHNICAL, OFFICE, AND PROFESSIONALS (TOPS) ASSOCIATION COMPENSATION PLAN TO ADD THESENIOR CODE ENFORCEMENT OFFICER AND HOUSING SPECIALIST CLASSIFICATIONS

PREPARED BY PRESENTED BY
Rebecca Valdez, Human Resources Manager Rebecca Valdez, Human Resources Manager

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager

RECOMMENDED ACTION
Recommended Action: 1) Approve the new job classification specification of Senior Code Enforcement Officer and revised job classification specification of Housing Specialist; 2) Adopt a Resolution amending the Buena Park Technical, Office, and Professionals (TOPs) Association Compensation Plan to add the Senior Code Enforcement Officer and Housing Specialist job classifications and salary ranges; and, 3) Approve a budget amendment in the amount of $22,000 from the CDBG contractual services account to fund this position.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
During the budget presentation on May 27, 2025, the City Council approved various Policy Issues regarding personnel and gave direction to proceed with the process of reorganizing the Community and Economic Development Department by adding a Senior Code Enforcement Officer. The following Policy Issue has already been included in the adopted FY 2025-27 budget.

In addition, the recent retirement of a Senior Administrative Assistant position in the Economic Development Division has allowed the Community Development and Economic Development Department to evaluate its staffing needs based on the job duties and expertise needed in this Division. As a result of that analysis, the Department is proposing to reclassify the Senior Administrative Assistant position to a Housing Specialist.

Senior Code Enforcement Officer
The Code Enforcement Division currently consists of a Code Enforcement Technician, Code Enforcement Officers, and a Code Enforcement Supervisor. There is a gap in the distinguishing characteristics of a Code Enforcement Officer and Code Enforcement Supervisor, which does not account for the significant variation in the level of complexity of code enforcement cases.

Unlike the Building Division and Planning Division, which both have “Senior” positions, Code Enforcement is limited to a single classification (Code Enforcement Officer) underneath the supervisor position. This lack of a Senior Code Enforcement Officer classification limits the career growth of a Code Enforcement Officer and does not consider the significant variation in complexity of code cases or provide for any opportunity to gain supervisory experience outside of the Code Enforcement Supervisor position. This proposal is to add a new Senior Code Enforcement Officer to create a line of succession within the Division and provide leadership and supervisory experience opportunities to Code Enforcement Officers. The Senior Code Enforcement Officer will serve in a lead capacity, which will include some supervisory components, being the lead officer on the more complex code enforcement cases throughout the City, and participating in Department management meetings in the Code Enforcement Supervisor’s absence.

Staff recommends that the monthly salary range for the proposed Senior Code Enforcement Officer be established at range 138, roughly $6,838 to $8,672 monthly.

Housing Specialist
On June 30, 2025, the retirement of the Senior Administrative Assistant position within the Economic Development Division has allowed the Community Development and Economic Development Department to evaluate the staffing needs of the Division. The reclassification of the Senior Administrative Assistant position to Housing Specialist will allow for improved customer service, provide improved technical assistance, and streamline home improvement projects and other affordable housing programs. Currently, the Department utilizes a consultant to manage home improvement projects, but their availability and involvement with other interdepartmental functions is limited. The new Housing Specialist position would improve the collaboration with other departments to ensure housing projects are in compliance and build trusting relationships with residents. This position will be responsible for qualifying the income of affordable housing applicants, preparing environmental reports, preparing bid documents, facilitating and supporting the underwriting process, preparing contracts, and closely working with homeowners and contractors on home improvement projects. This position is needed to provide consistency, reliability, and the possibility of expanding the program to include additional outreach efforts to the community and additional grant-funded housing-related programs from the state and/or federal government in the future.

Staff recommends that the monthly salary range for the proposed Housing Specialist be established at range 132 roughly $5,926 to $7,705 monthly.

The adoption of this resolution is necessary since pursuant to Personnel Rules and Regulations of the City of Buena Park, Rule VI, Section 4, new or revised job classification specifications must be submitted to the City Council for approval. In addition, pursuant to Personnel Rules and Regulations of the City of Buena Park, Rule VII, Section 2, proposed compensation plans must be submitted to the City Council for approval.

BUDGET IMPACT
There are no changes to the adopted FY 2025-27 budget for the Senior Code Enforcement Officer position affecting the Community and Economic Development Department. This position was already incorporated into the budget, which was approved at the June 24, 2025, City Council meeting.

The Senior Administrative Assistant position became vacant on June 30, 2025, enabling staff to re-evaluate the position and propose this reclassification. The total personnel cost to implement the reclassified position of Housing Specialist is approximately $145,000 per year in total compensation. Staff requests approval of a budget transfer in the amount of $22,000 from the CDBG contractual services budget (Account No. 29-6240-732031) to fund the position for this fiscal year.

Attachments
Reso TOPS Salary Change (Sr. Code Enforcement Officer and Housing Specialist).pdf Exhibit A - TOPS Salary Schedule 2025.07.05 (Adding Sr. Code Enforcement Officer and Housing Specialist).pdf Senior Code Enforcement Officer 2025.06.pdf
Housing Specialist 2025.07.pdf
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUENA PARK, CALIFORNIA, AMENDING THE CITY’S

CLASSIFICATION PLAN AND AMENDING THE

COMPENSATION PLAN FOR THE BUENA PARK

TECHNICAL, OFFICE , AND PROFESSIONALS

ASSOCIATION TO ADOPT THE JOB CLASSIFICATION S

SPECIFICATION AND SALARY RANGE S OF THE

SENIOR CODE ENFORCEMENT OFFICER AND

HOUSING SPECIALIST POSITIONS

WHEREAS, it is the desire of the City Council to reorganize the Community Development Department, Code Enforcement Division and Economic Development Division to account for changes within the organization, transfer of duties, and new responsibilities; and

WHEREAS, it is the desire of the City Council to maintain up-to-date employee job classification specifications; and

WHEREAS, Rule VI of the City of Buena Park Personnel Rules and Regulations provides that revisions to the classification plan shall be effective upon adoption of resolution by City Council.

WHERAS; it is the desire of the City Council to amend the Compensation Plan for the Buena Park Technical, Office, and Professionals Association to adopt the new job classifications and salary ranges for the Senior Code Enforcement Officer and Housing Specialist positions.

NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine, and order as follows:

Section 1: JOB CLASSIFICATION PLAN AMENDED. The Job Classification Plan of the City of Buena Park is hereby amended to adopt and revise multiple classification specifications, as specified in Attachments 1and 2 to this resolution.

Section 2: The job classification of the Senior Code Enforcement Officer as described in Attachment No. 1 of this resolution is hereby approved;

Section 3: The job classification of the Housing Specialist as described in Attachment No. 2 of this resolution is hereby approved;

Section 4: COMPENSATION PLAN AMENDED. Exhibit “A” of the Buena Park Technical, Office, and Professionals Association Salary Schedule of Resolution No. 14991 is hereby deleted in its entirety and a new Exhibit “A ” of the Buena Park Technical, Office , and Professionals Association Salary Schedule, Attachment “A” to this resolution, is hereby approved effective July 5 , 202 5, which is the beginning of the pay period.

PASSED AND ADOPTED this 8th day of July 2025 by the following called vote:

RESOLUTION NO. _______

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_________________________________________
Mayor
ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 8th day of July 2025.

______________________________________
City Clerk

T.O.P. M.O.U.

*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.

EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 5, 2025

TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Account Clerk 117 23.96 4,153 49,837 25.11 4,352 52,229 26.28 4,555 54,662 27.56 4,777 57,325 28.90 5,009 60,112 30.27 5,247 62,962 31.03 5,379 64,542 Accountant 136 37.58 6,514 78,166 39.44 6,836 82,035 41.35 7,167 86,008 43.39 7,521 90,251 45.50 7,887 94,640 47.71 8,270 99,237 48.90 8,476 101,712 Accounting Technician 125 28.97 5,022 60,258 30.35 5,261 63,128 31.77 5,507 66,082 33.35 5,781 69,368 34.97 6,062 72,738 36.63 6,349 76,190 37.55 6,509 78,104 Administrative Assistant 123 27.59 4,782 57,387 28.95 5,018 60,216 30.32 5,256 63,066 31.76 5,505 66,061 33.33 5,777 69,326 34.93 6,055 72,654 35.80 6,205 74,464 Assistant Engineer 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Assistant Planner 134 35.89 6,221 74,651 37.58 6,514 78,166 39.43 6,835 82,014 41.35 7,167 86,008 43.38 7,519 90,230 45.48 7,883 94,598 46.62 8,081 96,970 Associate Planner 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Building Inspector 136 37.58 6,514 78,166 39.44 6,836 82,035 41.35 7,167 86,008 43.39 7,521 90,251 45.50 7,887 94,640 47.71 8,270 99,237 48.90 8,476 101,712 Building Inspector
Technician 133 35.00 6,067 72,800 36.72 6,365 76,378 38.46 6,666 79,997 40.34 6,992 83,907 42.28 7,329 87,942 44.35 7,687 92,248 45.46 7,880 94,557 Buyer 126 29.67 5,143 61,714 31.07 5,386 64,626 32.58 5,647 67,766 34.13 5,916 70,990 35.81 6,207 74,485 37.53 6,505 78,062 38.47 6,668 80,018 Code Enforcement
Officer 134 35.89 6,221 74,651 37.58 6,514 78,166 39.43 6,835 82,014 41.35 7,167 86,008 43.38 7,519 90,230 45.48 7,883 94,598 46.62 8,081 96,970 Code Enforcement
Technician 121 26.31 4,560 54,725 27.59 4,782 57,387 28.91 5,011 60,133 30.30 5,252 63,024 31.74 5,502 66,019 33.31 5,774 69,285 34.14 5,918 71,011 Community Outreach
Coordinator 123 27.59 4,782 57,387 28.95 5,018 60,216 30.32 5,256 63,066 31.76 5,505 66,061 33.33 5,777 69,326 34.93 6,055 72,654 35.80 6,205 74,464 Community Services
Coordinator 131 33.38 5,786 69,430 35.01 6,068 72,821 36.73 6,367 76,398 38.46 6,666 79,997 40.34 6,992 83,907 42.28 7,329 87,942 43.34 7,512 90,147 Environmental
Inspector 132 34.19 5,926 71,115 35.88 6,219 74,630 37.56 6,510 78,125 39.42 6,833 81,994 41.35 7,167 86,008 43.37 7,518 90,210 44.45 7,705 92,456 Executive Assistant 131 33.38 5,786 69,430 35.01 6,068 72,821 36.73 6,367 76,398 38.46 6,666 79,997 40.34 6,992 83,907 42.28 7,329 87,942 43.34 7,512 90,147 Homeless Outreach
Coordinator 131 33.38 5,786 69,430 35.01 6,068 72,821 36.73 6,367 76,398 38.46 6,666 79,997 40.34 6,992 83,907 42.28 7,329 87,942 43.34 7,512 90,147 Housing and CDBG
Analyst 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Housing Specialist 132 34.19 5,926 71,115 35.88 6,219 74,630 37.56 6,510 78,125 39.42 6,833 81,994 41.35 7,167 86,008 43.37 7,518 90,210 44.45 7,705 92,456 Human Resources
Analyst 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Human Resources
Specialist 132 34.19 5,926 71,115 35.88 6,219 74,630 37.56 6,510 78,125 39.42 6,833 81,994 41.35 7,167 86,008 43.37 7,518 90,210 44.45 7,705 92,456 Mailroom Aide 113 21.83 3,784 45,406 22.85 3,961 47,528 23.95 4,151 49,816 25.10 4,351 52,208 26.24 4,548 54,579 27.56 4,777 57,325 28.25 4,897 58,760

T.O.P. M.O.U.

*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.

EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 5, 2025

TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Management Analyst 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Management Assistant 134 35.89 6,221 74,651 37.58 6,514 78,166 39.43 6,835 82,014 41.35 7,167 86,008 43.38 7,519 90,230 45.48 7,883 94,598 46.62 8,081 96,970 Marketing Assistant 114 22.32 3,869 46,426 23.38 4,053 48,630 24.50 4,247 50,960 25.67 4,450 53,394 26.87 4,658 55,890 28.19 4,886 58,635 28.89 5,008 60,091 Marketing Specialist 130 32.60 5,651 67,808 34.19 5,926 71,115 35.87 6,218 74,610 37.55 6,509 78,104 39.41 6,831 81,973 41.33 7,164 85,966 42.36 7,342 88,109 Office Assistant 114 22.32 3,869 46,426 23.38 4,053 48,630 24.50 4,247 50,960 25.67 4,450 53,394 26.87 4,658 55,890 28.19 4,886 58,635 28.89 5,008 60,091 Payroll Technician 129 31.85 5,521 66,248 33.37 5,784 69,410 34.99 6,065 72,779 36.68 6,358 76,294 38.44 6,663 79,955 40.29 6,984 83,803 41.30 7,159 85,904 Permit Technician 121 26.31 4,560 54,725 27.59 4,782 57,387 28.91 5,011 60,133 30.30 5,252 63,024 31.74 5,502 66,019 33.31 5,774 69,285 34.14 5,918 71,011 Planning Technician 121 26.31 4,560 54,725 27.59 4,782 57,387 28.91 5,011 60,133 30.30 5,252 63,024 31.74 5,502 66,019 33.31 5,774 69,285 34.14 5,918 71,011 Public Works Inspector 136 37.58 6,514 78,166 39.44 6,836 82,035 41.35 7,167 86,008 43.39 7,521 90,251 45.50 7,887 94,640 47.71 8,270 99,237 48.90 8,476 101,712 Secretary Clerk 118 24.51 4,248 50,981 25.74 4,462 53,539 26.92 4,666 55,994 28.26 4,898 58,781 29.58 5,127 61,526 31.02 5,377 64,522 31.80 5,512 66,144 Sr. Account Clerk 122 26.95 4,671 56,056 28.27 4,900 58,802 29.60 5,131 61,568 31.03 5,379 64,542 32.51 5,635 67,621 34.09 5,909 70,907 34.94 6,056 72,675 Sr. Accountant 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Sr. Accounting Tech. 129 31.85 5,521 66,248 33.37 5,784 69,410 34.99 6,065 72,779 36.68 6,358 76,294 38.44 6,663 79,955 40.29 6,984 83,803 41.30 7,159 85,904 Sr. Admin. Assistant 126 29.67 5,143 61,714 31.07 5,386 64,626 32.58 5,647 67,766 34.13 5,916 70,990 35.81 6,207 74,485 37.53 6,505 78,062 38.47 6,668 80,018 Sr. Building
Inspector/Code Enf. 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Sr. Building
Inspector/Plan Checker 146 47.84 8,292 99,507 50.19 8,700 104,395 52.63 9,123 109,470 55.18 9,565 114,774 57.89 10,034 120,411 60.75 10,530 126,360 62.27 10,794 129,522 Sr. Code Enforcement
Officer 138 39.45 6,838 82,056 41.37 7,171 86,050 43.40 7,523 90,272 45.50 7,887 94,640 47.71 8,270 99,237 50.03 8,672 104,062 51.28 8,889 106,662 Sr. Engineering Tech. 138 39.45 6,838 82,056 41.37 7,171 86,050 43.40 7,523 90,272 45.50 7,887 94,640 47.71 8,270 99,237 50.03 8,672 104,062 51.28 8,889 106,662 Sr. Engineering
Tech/GIS Specialist 144 45.58 7,901 94,806 47.80 8,285 99,424 50.13 8,689 104,270 52.57 9,112 109,346 55.17 9,563 114,754 57.86 10,029 120,349 59.31 10,280 123,365 Sr. Environmental Insp. 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Sr. Office Assistant 116 23.40 4,056 48,672 24.50 4,247 50,960 25.69 4,453 53,435 26.88 4,659 55,910 28.20 4,888 58,656 29.53 5,119 61,422 30.27 5,247 62,962 Sr. Planner 146 47.84 8,292 99,507 50.19 8,700 104,395 52.63 9,123 109,470 55.18 9,565 114,774 57.89 10,034 120,411 60.75 10,530 126,360 62.27 10,794 129,522 Sr. Public Works Insp. 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Storekeeper 125 28.97 5,022 60,258 30.35 5,261 63,128 31.77 5,507 66,082 33.35 5,781 69,368 34.97 6,062 72,738 36.63 6,349 76,190 37.55 6,509 78,104 Water Loss Specialist 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Water Quality Specialist 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 T.O.P. M.O.U.

*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.

EXHIBIT A – PAY SCHDULE – EFFECTIVE JULY 4, 2026

TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Account Clerk 117 25.16 4,361 52,333 26.37 4,571 54,850 27.59 4,782 57,387 28.94 5,016 60,195 30.35 5,261 63,128 31.78 5,509 66,102 32.58 5,647 67,766 Accountant 136 39.46 6,840 82,077 41.41 7,178 86,133 43.42 7,526 90,314 45.56 7,897 94,765 47.78 8,282 99,382 50.10 8,684 104,208 51.35 8,901 106,808 Accounting Technician 125 30.42 5,273 63,274 31.87 5,524 66,290 33.36 5,782 69,389 35.02 6,070 72,842 36.72 6,365 76,378 38.46 6,666 79,997 39.43 6,835 82,014 Administrative Assistant 123 28.97 5,022 60,258 30.40 5,269 63,232 31.84 5,519 66,227 33.35 5,781 69,368 35.00 6,067 72,800 36.68 6,358 76,294 37.59 6,516 78,187 Assistant Engineer 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Assistant Planner 134 37.68 6,531 78,374 39.46 6,840 82,077 41.40 7,176 86,112 43.42 7,526 90,314 45.55 7,895 94,744 47.75 8,277 99,320 48.95 8,485 101,816 Associate Planner 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Building Inspector 136 39.46 6,840 82,077 41.41 7,178 86,133 43.42 7,526 90,314 45.56 7,897 94,765 47.78 8,282 99,382 50.10 8,684 104,208 51.35 8,901 106,808 Building Inspector
Technician 133 36.75 6,370 76,440 38.56 6,684 80,205 40.38 6,999 83,990 42.36 7,342 88,109 44.39 7,694 92,331 46.57 8,072 96,866 47.73 8,273 99,278 Buyer 126 31.15 5,399 64,792 32.62 5,654 67,850 34.21 5,930 71,157 35.84 6,212 74,547 37.60 6,517 78,208 39.41 6,831 81,973 40.39 7,001 84,011 Code Enforcement
Officer 134 37.68 6,531 78,374 39.46 6,840 82,077 41.40 7,176 86,112 43.42 7,526 90,314 45.55 7,895 94,744 47.75 8,277 99,320 48.95 8,485 101,816 Code Enforcement
Technician 121 27.63 4,789 57,470 28.97 5,022 60,258 30.36 5,262 63,149 31.82 5,516 66,186 33.33 5,777 69,326 34.98 6,063 72,758 35.85 6,214 74,568 Community Outreach
Coordinator 123 28.97 5,022 60,258 30.40 5,269 63,232 31.84 5,519 66,227 33.35 5,781 69,368 35.00 6,067 72,800 36.68 6,358 76,294 37.59 6,516 78,187 Community Services
Coordinator 131 35.05 6,075 72,904 36.76 6,372 76,461 38.57 6,686 80,226 40.38 6,999 83,990 42.36 7,342 88,109 44.39 7,694 92,331 45.51 7,888 94,661 Environmental
Inspector 132 35.90 6,223 74,672 37.67 6,530 78,354 39.44 6,836 82,035 41.39 7,174 86,091 43.42 7,526 90,314 45.54 7,894 94,723 46.67 8,090 97,074 Executive Assistant 131 35.05 6,075 72,904 36.76 6,372 76,461 38.57 6,686 80,226 40.38 6,999 83,990 42.36 7,342 88,109 44.39 7,694 92,331 45.51 7,888 94,661 Homeless Outreach
Coordinator 131 35.05 6,075 72,904 36.76 6,372 76,461 38.57 6,686 80,226 40.38 6,999 83,990 42.36 7,342 88,109 44.39 7,694 92,331 45.51 7,888 94,661 Housing and CDBG
Analyst 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Housing Specialist 132 35.90 6,223 74,672 37.67 6,530 78,354 39.44 6,836 82,035 41.39 7,174 86,091 43.42 7,526 90,314 45.54 7,894 94,723 46.67 8,090 97,074 Human Resources
Analyst 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Human Resources
Specialist 132 35.90 6,223 74,672 37.67 6,530 78,354 39.44 6,836 82,035 41.39 7,174 86,091 43.42 7,526 90,314 45.54 7,894 94,723 46.67 8,090 97,074 Mailroom Aide 113 22.92 3,973 47,674 23.99 4,158 49,899 25.15 4,359 52,312 26.36 4,569 54,829 27.55 4,775 57,304 28.94 5,016 60,195 29.66 5,141 61,693

T.O.P. M.O.U.

*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.

EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 4, 2026

TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Management Analyst 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Management Assistant 134 37.68 6,531 78,374 39.46 6,840 82,077 41.40 7,176 86,112 43.42 7,526 90,314 45.55 7,895 94,744 47.75 8,277 99,320 48.95 8,485 101,816 Marketing Assistant 114 23.44 4,063 48,755 24.55 4,255 51,064 25.73 4,460 53,518 26.95 4,671 56,056 28.21 4,890 58,677 29.60 5,131 61,568 30.33 5,257 63,086 Marketing Specialist 130 34.23 5,933 71,198 35.90 6,223 74,672 37.66 6,528 78,333 39.43 6,835 82,014 41.38 7,173 86,070 43.40 7,523 90,272 44.48 7,710 92,518 Office Assistant 114 23.44 4,063 48,755 24.55 4,255 51,064 25.73 4,460 53,518 26.95 4,671 56,056 28.21 4,890 58,677 29.60 5,131 61,568 30.33 5,257 63,086 Payroll Technician 129 33.44 5,796 69,555 35.04 6,074 72,883 36.74 6,368 76,419 38.51 6,675 80,101 40.36 6,996 83,949 42.30 7,332 87,984 43.37 7,518 90,210 Permit Technician 121 27.63 4,789 57,470 28.97 5,022 60,258 30.36 5,262 63,149 31.82 5,516 66,186 33.33 5,777 69,326 34.98 6,063 72,758 35.85 6,214 74,568 Planning Technician 121 27.63 4,789 57,470 28.97 5,022 60,258 30.36 5,262 63,149 31.82 5,516 66,186 33.33 5,777 69,326 34.98 6,063 72,758 35.85 6,214 74,568 Public Works Inspector 136 39.46 6,840 82,077 41.41 7,178 86,133 43.42 7,526 90,314 45.56 7,897 94,765 47.78 8,282 99,382 50.10 8,684 104,208 51.35 8,901 106,808 Secretary Clerk 118 25.74 4,462 53,539 27.03 4,685 56,222 28.27 4,900 58,802 29.67 5,143 61,714 31.06 5,384 64,605 32.57 5,646 67,746 33.39 5,788 69,451 Sr. Account Clerk 122 28.30 4,905 58,864 29.68 5,145 61,734 31.08 5,387 64,646 32.58 5,647 67,766 34.14 5,918 71,011 35.79 6,204 74,443 36.69 6,360 76,315 Sr. Accountant 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Sr. Accounting Tech. 129 33.44 5,796 69,555 35.04 6,074 72,883 36.74 6,368 76,419 38.51 6,675 80,101 40.36 6,996 83,949 42.30 7,332 87,984 43.37 7,518 90,210 Sr. Admin. Assistant 126 31.15 5,399 64,792 32.62 5,654 67,850 34.21 5,930 71,157 35.84 6,212 74,547 37.60 6,517 78,208 39.41 6,831 81,973 40.39 7,001 84,011 Sr. Building
Inspector/Code Enf. 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Sr. Building
Inspector/Plan Checker 146 50.23 8,707 104,478 52.70 9,135 109,616 55.26 9,578 114,941 57.94 10,043 120,515 60.78 10,535 126,422 63.79 11,057 132,683 65.38 11,333 135,990 Sr. Code Enforcement
Officer 138 41.42 7,180 86,154 43.44 7,530 90,355 45.57 7,899 94,786 47.78 8,282 99,382 50.10 8,684 104,208 52.53 9,105 109,262 53.84 9,332 111,987 Sr. Engineering Tech. 138 41.42 7,180 86,154 43.44 7,530 90,355 45.57 7,899 94,786 47.78 8,282 99,382 50.10 8,684 104,208 52.53 9,105 109,262 53.84 9,332 111,987 Sr. Engineering
Tech/GIS Specialist 144 47.86 8,296 99,549 50.19 8,700 104,395 52.64 9,124 109,491 55.20 9,568 114,816 57.93 10,041 120,494 60.75 10,530 126,360 62.28 10,795 129,542 Sr. Environmental Insp. 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Sr. Office Assistant 116 24.57 4,259 51,106 25.73 4,460 53,518 26.97 4,675 56,098 28.22 4,892 58,698 29.61 5,132 61,589 31.01 5,375 64,501 31.78 5,509 66,102 Sr. Planner 146 50.23 8,707 104,478 52.70 9,135 109,616 55.26 9,578 114,941 57.94 10,043 120,515 60.78 10,535 126,422 63.79 11,057 132,683 65.38 11,333 135,990 Sr. Public Works Insp. 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Storekeeper 125 30.42 5,273 63,274 31.87 5,524 66,290 33.36 5,782 69,389 35.02 6,070 72,842 36.72 6,365 76,378 38.46 6,666 79,997 39.43 6,835 82,014 Water Loss Specialist 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Water Quality Specialist 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Senior Code Enforcement Officer Page 1/4

Senior Code Enforcement Officer

Department/Division: Community and Economic
Development/Code Enforcement
Reports To: Code Enforcement Supervisor
Provides Direction To: Code Enforcement Officer
FLSA Exemption Status: Non-exempt
Date Prepared: July 1, 2025
Date Adopted by City Council: July 8, 2025

GENERAL PURPOSE

Under general supervision, leads, coordinates, trains, and performs the more complex and difficult professional work in investigations from complaints received by the general public; trains, evaluates, and orients assigned staff as to appropriate practices and procedures; identifies violations and works to achieve compliance with City codes.

DISTINGUISHING CHARACTERISTICS

The Senior Code Enforcement Officer is distinguished from the Code Enforcement Officer by its greater complexity of projects and supervision, training, and coordinating the work of staff. This position routinely investigates highly complex and various types of suspected code violations involving commercial and residential properties and independently prepares reports and tracks case files.

ESSENTIAL FUNCTIONS

The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class.

1. Leads, monitors, schedules , coordinates, and evaluates the work of assigned staff; monitors the quality of case management files.

2. Plans and reviews the work of staff responsible for performing a variety of field and office work in support of the City’s code enforcement program and participates in enforcing compliance with City regulations and ordinances including those pertaining to the violation of zoning, land use, and planning codes, public nuisances, abandoned vehicles, and other issues relating to the health, safety, and welfare of the community.

3. Trains employees on proper work methods, procedures, techniques , compliance with applicable standards and specifications, and ensures adherence to safe work practices and procedures.

Senior Code Enforcement Officer Page 2/4
ESSENTIAL FUNCTIONS (continued)

4. Initiates action to facilitate compliance with applicable code requirements.

5. Performs residential, commercial and industrial property inspections to ensure compliance with applicable code and licensing requirements ; i nvestigates and abates public nuisances.

6. Performs research relating to municipal code enforcement policies and procedures and researches sources to identify business licensing concerns.

7. Investigates complaints of non-conforming or illegal property uses, signs, inoperable vehicles, unsightly property maintenance, housing violations, fire hazards , or obstructions.

8. Conducts property maintenance, zoning, and health and safety inspections for conformity with City policies and requirements.

9. Investigates complaints and records observations; completes complaint forms and investigation reports; researches City codes and ordinances and cites applicable sections.

10. Answers questions and advises residents, owners, business representatives or others on the nature of violations and encourages compliance with C ity codes and municipal ordinances.

11. Responds to and investigates more complex complaints from citizens, property owners, community representatives, and governmental agencies regarding possible violations of C ity codes, policies , and ordinances such as zoning, housing, safety , and property maintenance violations.

12. Advises on the preparation of violation letters; issues criminal citations, notices of violations, and warning notices signifying violations or unsafe conditions as required; re-inspects properties and facilities to verify compliance; prepares acknowledgement letters for corrective actions.

13. Compiles data, reports , and information required to submit to the State and other external agencies.

14. Coordinates field inspection activities with other departments as necessary.

15. May present testimony and findings at administrative and/or court hearings.

QUALIFICATIONS GUIDELINES

Knowledge of:

City housing, zoning, property maintenance, and health and safety codes; code enforcement and public relations practices; basic principles of investigation and research related to the enforcement of the municipal code; basic understanding of building, electrical, plumbing, and mechanical codes and standards ; effective c ustomer service techniques and principles; and proficiency with personal computer software applications.

Senior Code Enforcement Officer Page 3/4
Ability to:

Learn, appropriately apply, and retain knowledge of a complex system of codes, regulations and processes; demonstrate proactive enforcement in researching and applying sections of City codes to matters involving public complaints and potential code violations; conduct complex field inspections and issue citations and related reports given recognized violations; provide excellent customer service; interpret and explain C ity requirements and policies with tact and diplomacy; communicate effectively, both orally and in writing; establish and maintain effective working relationships with staff, management, homeowners, business owners, tenants, residents, and public and private representatives; operate computer equipment and use word processing software programs; maintain complete and accurate work files and ensure accuracy of information in all communications and records; identify reasons why customers challenge code enforcement practices; tactfully deal with difficult people and situations; identify warning signs of escalating, threatening, or violent behavior; be solution-oriented, persuasive and assertive, without being confrontational, in pursuit of code compliance.

Education/Training/Experience:

High School graduation or G.E.D. equivalent is required. Three years of code enforcement experience involving the interpretation of zoning, housing, construction, and/or health and safety codes and ordinances, preferably in a municipal setting.

Licenses, Certificates; Special Requirements:

Valid Class C California driver license, acceptable driving record, and evidence of insurance are required.

Possession of Penal Code 832 certificate is required within one year of assignment to this classification.

May be required to work extended or variable work hours or on weekends.

PHYSICAL AND MENTAL DEMANDS

The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands

While performing the duties of this class, the employee is frequently required to sit, stand and walk, as well as bend, stoop, and squat to inspect different property sites. The employee is required to talk and hear. The employee is required to use hands to finger, handle, feel or operate computer hardware and standard office equipment; reach with hands and arms above and below shoulder level.

The employee occasionally lifts and carries records and documents weighing at least 20 pounds.

Senior Code Enforcement Officer Page 4/4
Specific vision abilities required by this class include close vision and the ability to adjust focus.

Mental Demands

While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; exercise sound judgment in the absence of specific guidelines; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; meet intense and changing deadlines given interruptions; interact appropriately with staff, management, C ity officials, contractors, residents and business owners, tenants, and public and private representatives, in the course of work, including situations involving interpersonal conflicts involving code enforcement matters.

WORK ENVIRONMENT

The employee frequently works in office conditions where the noise level is usually moderate, at or below 85 decibels. The employee occasionally attends meetings, conventions, City events, and other functions on behalf of the City, including evening and weekend hours. The employee works outdoors and is subject to heat and variable weather conditions. During property inspections, the employee may be exposed to contaminated areas with mold, mildew, roaches, rodents , animal feces, and noxious odors.

Housing Specialist Page 1/3

Housing Specialist
Department/Division: Community and Economic Development Reports To: Senior Management Analyst
Provides Direction To: Non-Applicable
FLSA Exemption Status: Non-Exempt
Date Prepared: July 1, 2025
Date Adopted by City Council: July 8, 2025

GENERAL PURPOSE

Under general supervision, performs administrative and technical functions to assist in the administration of the City’s Home Improvement Program and other affordable housing programs; conducts housing and building inspections and provides property rehabilitation and loan processing to property owners; and does related work as required.

DISTINGUISHING CHARACTERISTICS

The Housing Specialist performs office and field work activities related to all phases of a housing rehabilitation program or project, from income qualification through construction.

Incumbents are responsible for assisting applicants through the application process, determining program eligibility, evaluating property eligibility, preparing work scopes, coordinating the bidding process with contractors and homeowners, reviewing cost estimates, managing project budgets, and monitoring the rehabilitation project through completion.

ESSENTIAL FUNCTIONS

The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class.

1. Reviews applications and gathers required documents to determine an applicant’s income and property eligibility to participate in the housing rehabilitation program and other affordable housing programs.

2. Prepares environmental review reports related to the housing unit.

3. Performs loan underwriting and prepares construction and loan documents along with other related program documents.

4. Ensures all contractors’ certifications are up to date with local, state, and federal requirements.

5. Maintains project files, records, and various program databases.

Housing Specialist Page 2/3

ESSENTIAL FUNCTIONS (continued)

6. Meets with homeowners to ensure they have a clear understanding of the program and conducts home inspections to determine home improvement needs.

7. Prepares bid documents outlining the scope of work to be performed and discusses alternative methods of accomplishing repairs with clients and contractors.

8. Performs inspections, construction management, reviews building permits, monitors project budgets, and processes contractor progress payments during the rehabilitation of the housing unit.

9. Inspects the housing unit for final acceptance and payment ensuring that all repairs have been made in accordance with the scope of work, applicable codes, and construction standards.

10. Assists in the preparation of any necessary CDBG, HOME, CalHome, or other agency required documents and reports.

11. May perform other duties as assigned.

QUALIFICATIONS GUIDELINES

Knowledge of:

HUD income eligibility requirements ; environmental review requirements ; housing rehabilitation and construction material costs and methods; construction contracting law and procedures; lead paint hazards and controls ; energy efficiency standards ; effective techniques and methods of housing inspection to identify health and safety concerns ; mortgage loans and rehabilitation finance practices ; property deeds and trusts ; mathematical and budgeting procedures; local building codes; effective customer service techniques.

Ability to:

Understand, interpret, and enforce program guidelines and HUD’s requirements related to income eligibility, environmental reviews, and housing rehabilitation standards; coordinate housing inspections, bid walks, pre-bid meetings, and contract signing with homeowners, contractors, and City staff; estimate material and labor costs; maintain program logs, databases, and records; respond to and resolve homeowner/contractor complaints or disputes related to the rehabilitation project; communicate effectively, bo th orally and in writing; establish and maintain effective working relationships with co -workers, management, residents, contractors, and the general public.

Education/Training/Experience:

Associate’s Degree or 60 semester units or the equivalent of college level coursework in Construction Management, Public Administration, Business Administration, Social Work, Sociology or a related field is required. Two years of experience in housing development, Housing Specialist Page 3/3
rehabilitation programs, and g rant administration is required , preferably involving City housing programs. Additional relevant work experience may substitute for the educational requirement.

Licenses, Certificates; Special Requirements:

Valid Class C California driver license, acceptable driving record, and evidence of insurance are required.

PHYSICAL AND MENTAL DEMANDS

The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands

While performing the duties of this class, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee is frequently required to talk, hear, stand, walk, sit, climb, balance, stoop, squat, kneel, crouch, and occasionally crawl in confined spaces. The employee climbs stairs and ladders to access rooftops and elevated inspection areas. The employee lifts and carries inspection tools, records, or electronic devices that typically weigh less than 20 pounds.

Specific vision abilities required by this class include close vision, and the ability to adjust focus.

Mental Demands

While performing the duties of this class, the incumbent is regularly required to use written and oral communication skills; read and interpret blueprints, documents, and other types of information; analyze and solve complex problems; use math and mathemat ical reasoning; perform highly detailed work under changing, intensive deadlines, on multiple concurrent tasks; work with constant interruptions; interact with staff, management, homeowners, contractors, and the public, including situations involving inter personal conflicts regarding code interpretations.

WORK ENVIRONMENT

The employee frequently works outdoors in conducting inspections and is exposed to variable weather conditions as well as heat, humidity, and moisture . The employee conducts inspections from elevated surfaces and in confined spaces. The employee is exposed to traffic, fumes , airborne particles, and the risk of shock during electrical inspections. The noise level is frequently loud at construction sites. Administrative and record keeping functions are typically completed within an office environment where t he noise level is quiet or moderately quiet.

July 8, 2025

NEW BUSINESS
Item No. 5C.

City Council Agenda Report

RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BUENA PARKAND THE BUENA PARK CITY EMPLOYEES' ASSOCIATION (BPCEA)

PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
Eddie Fenton, Assistant City Manager/Director of
Human Resources

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution approving a successor Memorandum of Understanding (MOU) between the City of Buena Park and the Buena Park City Employees’ Association; and 2) Approve a budget amendment in the amount of $775,400 from the undesignated General Fund balance for this purpose.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
The City’s labor contract with the Buena Park City Employees’ Association (BPCEA) expires July 4, 2025. The City and BPCEA representatives have been meeting since April 2025 to develop a successor MOU. In accordance with the Meyers-Milias-Brown Act, the City and BPCEA representatives exchanged ideas and proposals, met-and- conferred on matters of concern, and have reached a tentative agreement on the terms and conditions of employment. Attached for review and approval is a new two-year MOU for BPCEA. In an effort to continue positive labor relations and recognizing the value of having labor stability with employment contracts for two years with the BPCEA, the City and BPCEA agreed upon a five percent (5%) cost of living adjustment each year and increases towards medical insurance contributions. In addition, to address the difficulty in recruiting and retaining hard-to-fill positions, this proposal adds an additional Step 7 to the salary range for each position, equivalent to two and one- half percent (2.5%) above the current Step 6. As a result of the positive negotiations, a tentative agreement has been reached on a successor Memorandum of Understanding (MOU) and it was ratified by the BPCEA members.

This document is presented to the City Council for review and approval as the final step in the labor negotiation process. It reflects the same language as presented to the City Council in properly-noticed closed sessions on labor negotiations, as allowed under the Brown Act. Listed below is a summary of significant changes to the successor MOU.

1. BASE PAY SCHEDULE

5% Cost of Living (COLA) increase effective July 5, 2025.

5% Cost of Living (COLA) increase effective July 4, 2026.

In an effort to address recruitment and retention of hard-to-fill classifications:

All classifications in Exhibit A – Salary Schedule shall add a new Step 7 that is 2.5% above the current Step 6 within the pay schedule effective July 5, 2025.

2. MEDICAL INSURANCE CONTRIBUTION

For coverage effective: July 1, 2025
Employee Only $1,139 ($75 increase) Employee & One Dependent $1,707 ($100 increase) Employee & 2 + Dependents $2,240 ($150 increase)

For coverage effective: July 1, 2026
Employee Only $1,214 ($75 increase) Employee & One Dependent $1,807 ($100 increase) Employee & 2 + Dependents $2,390 ($150 increase)

3. CERTIFICATE PAY

A. Incumbents of the water and sewer classifications who possess a California State Health Department Water Distribution Operator Certification or California Water Environment Association’s Collection Systems Maintenance Certification shall receive an additional $60 per month for D-1/Grade 1, $85 for D-2/Grade 2, or $110 for D-3/Grade 3 or above.

B. Incumbents of the fleet maintenance classifications, who achieve National Institute for Automotive Service Excellence (ASE) Master Technician status in the Automobile Series or Master Technician status in the Medium- Heavy Truck Series, shall receive an additional $60 per month.

C. Incumbents in the signs and painting classifications, who possess an International Municipal Signal Association (IMSA) Traffic Signal Level II or Signs and Markings certificate, shall receive an additional $60 per month.

4. COMMERCIAL VEHICLE OPERATOR LICENSE PAY

An employee, who has a State of California Commercial Vehicle Operator License, shall receive an additional $85 per month for Class B and $160 per month for Class A.

A Fleet Mechanic or Lead Fleet Mechanic, who has a State of California Motorcycle Operator License and is assigned to repair and maintain Police Motorcycle vehicles, shall receive an additional $85 per month for Class M1 license.

5. HAZARD PREMIUM PAY

An employee who is requested to work in conditions that are unusually hazardous, such as large illegal encampment clean-ups, and perform hazardous activities to implement health and safety procedures, shall receive hazard premium pay of double-time, equivalent to twice their regular rate of pay for all hours worked. There shall be no pyramiding of overtime.

6. STANDBY PAY

Standby pay in the amount up to $600 for a seven-day cycle shall be paid to any employee who is the after-hours active-duty person or is placed in a “Standby Position” by the City.

For employees hired on or after July 5, 2025, Standby duty shall be required for Water and Sewer Services personnel, as determined and assigned at the sole discretion of the Director of Public Works.

7. SAFETY SHOES

Each employee shall receive up to $350 on per fiscal year basis.

8. HOLIDAYS

Add one additional floating holiday.

9. VACATION LEAVE

Vacation shall accrue to each full-time employee at the following rates:

Years of Service Vacation Hours Accrued
Less than 1 year 80 hrs. vacation per year Less than 2 years 90 hrs. vacation per year Less than 3 years 100 hrs. vacation per year Less than 4 years 110 hrs. vacation per year Less than 5 years 110 hrs. vacation per year

11. DENTAL INSURANCE ENHANCEMENTS

Increase Ortho Lifetime Maximum to $2,000 and add Adult Ortho coverage for both Plan A & B.

Increase the number of teeth cleanings to three cleanings for both Plan A & B.

12. VISION INSURANCE ENHANCEMENTS

Increase Frames and Contact Lens Allowances to $200.

Add Second Pair Benefit for $20 co-pay. Second Pair can be used for Second pair of glasses or Contact Lenses.

BUDGET IMPACT
The total budget impact for the implementation of the proposed Memorandum of Understanding over the two-year term of the agreement is estimated at $775,400. A budget amendment in the amount of $775,400 is required to fund this agreement. These changes comply with the authorization provided by the City Council.

Attachments
Reso MOU for BPCEA 2025 Att1of2 Reso.pdf
CEA MOU 2025.07.08 FINAL.pdf
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUENA PARK, CALIFORNIA, APPROVING A NEW

MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE BUENA PARK CITY EMPLOYEES’
ASSOCIATION EFFECTIVE JULY 5 , 2025, AND
SUPERSEDING RESOLUTION NO. 14693

WHEREAS, the City Council has designated the Assistant City Manager/ Director of Human Resources as the City of Buena Park’s lead negotiator to meet and confer in good faith with the representatives of the Buena Park City Employees’ Association; and

WHEREAS, pursuant to the provisions of the Meyers -Milias-Brown Act (Government Code Section 3500, et seq.) the Assistant City Manager/Director of Human Resources has met and conferred in good faith with the representatives of the City Employees’ Asso ciation on matters relating to wages, hours, and other terms and conditions of employment; and

WHEREAS, said representatives of the City and the Association have reached a tentative agreement and have jointly prepared a written Memorandum of Understanding and Compensation Plan which are attached to this resolution and incorporated herein; and

WHEREAS, such agreement is within the parameters established by the City Council for an agreement with the City Employees’ Association; and

WHEREAS, the City Council finds that the terms and conditions of this agreement are proper and in the best interest of the City;

NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine and order as follows:

Section 1: The Memorandum of Understanding between the City and the Buena Park City Employees’ Association dated June 6, 2023, is hereby repealed.

Section 2: Resolution No. 14693 is superseded. All conflicting Resolutions of the City are repealed.

Section 3: The Memorandum of Understanding between the City and the Buena Park City Employees’ Association effective July 5, 2025, and attached hereto is approved.

PASSED AND ADOPTED this 8th day of July 2025, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

RESOLUTION NO. _______

______________________________________
Mayor
ATTEST:

_______________________________
City Clerk

I, Adria Jimenez, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 8th day of July 2025. ______________________________________
City Clerk

JULY 5, 2025 – JULY 2, 2027

BUENA PARK CITY
EMPLOYEES’

ASSOCIATION

MEMORANDUM OF

UNDERSTANDING

NO. 25-27

ADOPTED ____, RESOLUTION NO. ____

MEMORANDUM OF UNDERSTANDING
BUENA PARK CITY EMPLOYEES’ ASSOCIATION

EMPLOYER – EMPLOYEE RELATIONS
PREAMBLE 1
ARTICLE 1 – TERM 1
ARTICLE 2 – REPRESENTATION AND RECOGNITION 1
ARTICLE 3 – MANAGEMENT RIGHTS 1
ARTICLE 4 – BOARD OF DIRECTORS’ MEETINGS 3
ARTICLE 5 – ADDITIONAL ITEMS 3

PAY

ARTICLE 6 – ASSIGNMENT OF CLASSES TO PAY RANGES 4
ARTICLE 7 – BASE PAY SCHEDULE 4
ARTICLE 8 – BILINGUAL PAY 4
ARTICLE 9 – LONGEVITY PAY 4
ARTICLE 10 – CERTIFICATE PAY 5
ARTICLE 11 – COMMERCIAL VEHICLE OPERATOR LICENSE 5
ARTICLE 12 – HAZARD PAY 6
ARTICLE 13 – OVERTIME PAY 7
ARTICLE 14 – STANDBY PAY 10
ARTICLE 15 – EDUCATION PROGRAM 10
ARTICLE 16 – SAFETY SHOES 11
ARTICLE 17 – UNIFORM ALLOWANCE 12
ARTICLE 18 –TOOL REIMBURSEMENT 12
ARTICLE 19 – MILEAGE 12
ARTICLE 20– CHILD CARE REIMBURSEMENT PROGRAM 13

RETIREMENT

ARTICLE 21 – PUBLIC EMPLOYEES’ RETIREMENT SYSTEM 14
ARTICLE 22 – SOCIAL SECURITY 15

INSURANCE

ARTICLE 23 – MEDICARE 16
ARTICLE 24 – MEDICAL INSURANCE 16
ARTICLE 25 – DENTAL INSURANCE 19
ARTICLE 26 – VISION INSURANCE 20
ARTICLE 27 – LONG TERM DISABILITY INSURANCE 20
ARTICLE 28 – LIFE INSURANCE 20
ARTICLE 29 – CAFETERIA PLAN 21
ARTICLE 30 – ADMINISTRATION 21

LEAVES

ARTICLE 31 – HOLIDAYS 22
ARTICLE 32 – VACATION LEAVE 22
ARTICLE 33 – SICK LEAVE 24
ARTICLE 34 – BEREAVEMENT LEAVE 27
ARTICLE 35 – WORKERS COMPENSATION 27
ARTICLE 36 – JURY DUTY 28
ARTICLE 37 – OTHER LEAVES 28

WORKING CONDITIONS

ARTICLE 38 – PAY PERIODS 30
ARTICLE 39 – ATTENDANCE 30
ARTICLE 40 – HOURS OF WORK AND SCHEDULES 30
ARTICLE 41 – 9/80 PLAN ALTERNATE WORK SCHEDULE 31
ARTICLE 42 – 4/10 PLAN ALTERNATE WORK SCHEDULE 34
ARTICLE 43 – AGENCY SHOP 37
ARTICLE 44 – SUBSTANCE ABUSE 39
ARTICLE 45 – EMERGENCY MEDICAL ATTENTION 40
ARTICLE 46 – GRIEVANCE PROCEDURE 40
ARTICLE 47 – ADVISORY ARBITRATION 41
ARTICLE 48 – PERFORMANCE EVALUATION 41
ARTICLE 49 – MEDICAL EXAMINATION 41

SIGNATURES 42

EXHIBITS

EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 5, 2025 43
EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 4, 2026 44
EXHIBIT B – COMPENSATION PLAN 45
EXHIBIT C – HIRING OF EMPLOYEE RELATIVES 50
EXHIBIT D – HARASSMENT IN EMPLOYMENT POLICY 52
EXHIBIT E – ADVISORY ARBITRATION 60
B.P.C.E.A. M.O.U.

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF BUENA PARK
and
BUENA PARK CITY EMPLOYEES’ ASSOCIATION

EMPLOYER – EMPLOYEE RELATIONS

PREAMBLE

Pursuant to Government Code, Section 3500, et seq. representatives of the Buena Park City Employees ’ Association (hereinafter referred to as Association) have met and conferred with representatives of the City of Buena Park (hereinafter referred to as the City), and have reached an understanding and recomm end that the Buena Park City Council adopt this Memorandum of Understanding (MOU).

ARTICLE 1 – TERM
The term of this Memorandum of Understanding shall be July 5, 2025, through midnight on July 2, 202 7, unless otherwise specified in provisions hereinafter. Terms and conditions of employment already in effect on July 4, 2025, shall be considered minimums for the purpose of this agreement except as amended or repealed by specific provisions hereinafter.

ARTICLE 2 – REPRESENTATION AND RECOGNITION

The Association is the only employee organization entitled to meet-and-confer in good faith on matters within the scope of representation on behalf of employees in the field maintenance unit, which shall consist solely of the classifications listed in Exhibit A.

ARTICLE 3 – MANAGEMENT RIGHTS

A. In order to ensure that it is able to carry out its functions and responsibilities imposed by law, the City has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services. Therefore, the following matters will not be subject to the meet-and-confer process, but shall be within the exclusive discretion of the City:

1. To determine issues of public policy;

2. To determine the merits, necessity or organization of any service or activity conducted by the City;

B.P.C.E.A. M.O.U.

3. To determine and change the facilities, methods , means and personnel by which City operations are to be conducted;

4. To expand or diminish services;

5. To determine and change the number of locations, relocation s, and types of operations, and the processes and materials to be employed in carrying out all City functions, including , but not limited to, the right to subcontract any work or operation;

6. To determine the size and composition of the work force, to assig n work to employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments, and to establish the days and hours when employees shall work;

7. To relieve employees from duty because of lack of work or other non-disciplinary reasons;

8. To discharge, suspend, or otherwise discipline employees for proper cause;

9. To determine job classifications;

10. To hire, transfer, promote, and demote employees for non-disciplinary reasons;

11. To determine policies, proce dures and standards for selection, training and promotion of employees;

12. To establish employee performance standards, including but not limited to, quality and quantity standards;

13. To maintain the efficiency of governmental operations;

14. To take any and all necessary actions to carry out its mission in emergencies;

15. To exercise complete control and discretion over its organization and the technology of performing its work services;

16. To establish reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services.

The City, in exercising these rights and functions, will not discriminate against any employee because of membership or non-membership in any employee organization.

B. All mana gement rights, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City . N o third party B.P.C.E.A. M.O.U.

neutral shall have the authority to diminish any of the management rights which are included in this Article.

C. Management will meet-and-confer prior to the implementation of any management rights which are normally considered matters concerning wages, hours, and other terms and conditions of employment under the provisions of the Meyers-Milias-Brown Act.

ARTICLE 4 – BOARD OF DIRECTORS’ MEETINGS

Each member of the Association Board of Directors shall receive up to one-and-one-half hours’ time off per month for Board meetings.

The City will allow the Association time to hold its General membership meetings twice in a calendar year.

On duty personnel attending such meetings shall be on an on -call status and shall respond to calls for service. At no time shall coverage be compromised. No overtime or compensatory time will be paid for the meeting.

Prior to scheduling and holding a general membership meeting, the Association shall make notification in writing to the Department Head or his/her designee within seven calendar days of such meeting to be held.

ARTICLE 5 – ADDITIONAL ITEMS

During the term of this Memorandum of Understanding, no additional items will be placed under discussion for purposes of meet-and-confer unless agreed upon by both parties.

The parties shall cooperate to improve the format, clarity, and consistency of the Memorandum of Understanding.

B.P.C.E.A. M.O.U.

PAY

ARTICLE 6 – ASSIGNMENT OF CLASSES TO PAY RANGES

Each classification is assigned to a pay range as shown in Exhibit A.

ARTICLE 7 – BASE PAY SCHEDULE

A. All classifications in Exhibit A – Pay Schedule shall receive a 5% increase to e ach step within the pay schedule effective July 5, 2025.

B. All classifications in Exhibit A – Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 4, 2026.

In an effort to address recruitment and retention of hard-to-fill classifications:

C. All classifications in Exhibit A – Salary Schedule shall add a new Step 7 that is 2.5% above the current Step 6 within the pay schedule effective July 5, 2025.

* Note: Employees at Step 6 for 12 months or more shall immediately progress to Step 7.

Other employees will move to Step 7 according to normal step progression and the annual performance evaluation process.

ARTICLE 8 – BILINGUAL PAY

An employee shall receive an additional $35.00 per month if the following conditions are met:

A. The employee passes a qualifying examination administered by Human Resources.

B. The employee uses bilingual skills as required by the City.

ARTICLE 9 – LONGEVITY PAY
The City agrees to implement a longevity pay program to be administered in the following manner:

A. An employee with 15-19 years or more of current continuous City service shall receive an additional two (2) percent base salary.

B. An employee with 20 years or more of current continuous City service shall receive an additional three (3) percent base salary.

B.P.C.E.A. M.O.U.

ARTICLE 10 – CERTIFICATE PAY

A. Incumbents of the following classifications who possess a California State Health Department Water Distribution Operator Certification or California Water Environment Association’s Collection Systems Maintenance Certification shall receive an additional $60 per month for D -1/Grade 1, $ 85 for D -2/Grade 2, or $ 110 for D-3/Grade 3 or above.

 Lead Sewer Services Technician
 Lead Water Services Technician
 Sr. Sewer Services Technician
 Sr. Water Services Technician
 Sewer Services Technician  Water Services Technician

No employee may receive more than one Certificate Pay benefit at a time.

B. Incumbents of the following classifications who achieve National Institute for Automotive Service Excellence (ASE) M aster Technician status in the Automobile Series or Master Technician status in the Medium -Heavy Truck Series shall receive an additional $60 per month.

 Fleet Mechanic
 Lead Fleet Mechanic

Each employee must recertify in each test area every five years in accordance to the ASE requirements. Employees who let one of the required certifications expire will lose their Master Technician status and the monthly certificate pay. Employees may regain certification by taking the Recertification Test(s), even after they let a certification expire.

C. Incumbents of the following classifications who possess an International Municipal Signal Association (IMSA) Traffic Signal Level II or Signs and Markings certificate shall receive an additional $60 per month.

 Lead Signs and Markings Technician
 Senior Traffic Painter

No employee may receive more than one Certificate Pay benefit at a time.

ARTICLE 11 – COMMERCIAL VEHICLE OPERATOR LICENSE

A. An employee who has a State of California Commercial Vehicle Operator License shall receive an additional $85 per month for Class B and $160 per month for Class A licenses and is subject to the provisions of the City ’s Drug and Alcohol Policy, which includes, but is not limited to, Post -Accident Testing, Random Testing, Reasonable Suspicion Testing, and Return-to-Duty/Follow-Up Testing.

B.P.C.E.A. M.O.U.

B. In addition to the above, a Fleet Mechanic or Lead Fleet Mechanic who has a State of California Motorcycle Operator License and is assigned to repair and maintain Police Motorcycle vehicles shall receive an additional $85 per month for Class M1 license.

C. Employees in the following job classifications shall maintain a valid California commercial driver license (Class A or B):

 Bus Driver/Scheduler  Lead Sewer Services Technician  Fleet Mechanic  Senior Maintenance Worker
 Lead Fleet Mechanic  Sewer Services Technician
 Lead Maintenance Worker  Senior Sewer Services Technician  Lead Water Services Technician  Senior Water Services Technician

D. Employees hired prior to September 13, 2006, who cannot be medically qualified (as determined by a City -designated physician) to hold a commercial driver license, will be “grandfathered” with respect to the commercial driver license requirement. Such employees will not drive commercial vehicles and will not receive this additional pay.

E. The cost of training, and paid time for training, for employees hired prior to September 13, 2006, shall be borne by the City. Employees hired on or after that date will not be paid for training time and will bear the cost of their own training. However, at the sole discretion of management, the City may provide informal training to those employees interested in obtaining a commercial license.

F. Employees hired prior to September 13, 2006, who fail the initial skills test, will have six months from the initial failure to pass the skills test. Additional training and/or testing after the initial failure shall be on the employee’s own time and at his/her own expense. If an employee is unable to pass the skills test within the six -month grace period, he/she shall be demoted to the next highest classification which does not require a commercial driver license. An employee who is demoted will be “Y-Rated.”

The cost of maintaining a commercial driver license shall be borne by the City.

ARTICLE 12 – HAZARD PAY
The City agrees to implement a hazard pay program to be administered in the following manner:

A. An employee who is requested to work in conditions that are unusually hazardous , such as large illegal encampment clean -ups, and perform hazar dous activities to implement health and safety procedures, shall receive hazard premium pay of double- time pay, equivalent to twice their regular rate of pay for all hours worked. There shall be no pyramiding of overtime.

B. Hazard pay applies only to hours when the employee is actually performing work duties in such hazardous conditions. This hazardous work includes the physical B.P.C.E.A. M.O.U.

removal of garbage and other encampment materials at an encampment site, such as damaged material, contaminated material, or hazardous waste from the site, cleaning the site appropriately, and sorting, bagging, and removing personal property found at the site.

C. This hazardous work describe d above is not routine or considered a consistent part of an employee’s job. Therefore, this pre mium pay is not considered PERSable compensation.

D. The assignment of sorting and/or removing of hazardous waste materials associated with illegal encampments are additional duties authorized for such hazard pay and is within the sole discretion of the Department Director or designee.

ARTICLE 13 – OVERTIME PAY

A. OVERTIME PAY. An employee required to work in excess of 40 hours in a seven-day cycle shall receive pay at the rate of time and one-half his/her regular rate of pay. The regular rate of pay shall include the following components in addition to base pay.

 Shift Differential
 Educational Incentive
 Bilingual Pay
 Acting Pay
 Special Assignment Pay
 Longevity Pay
 Excess Medical
 Waiver of Medical Insurance

In determining an employee's eligibility for the overtime regular rate, paid and unpaid leaves of absences shall be excluded from the total hours worked. Paid leaves of absence include, but are not limited to, the following:

 Vacation Leave
 Holiday Leave
 Sick Leave
 Administrative Leave
 Compensatory Leave
 Workers’ Compensation Leave
 Jury Duty
 Bereavement Leave
 Military Leave

For overtime not otherwise paid at the regular rate, it shall be paid at time and one - half of the hourly equivalent of the employee's bi -weekly base pay rate for all hours worked in exc ess of the employee's daily work schedule, or for all hours earned in B.P.C.E.A. M.O.U.

excess of 40 hours per week. The term “earned” shall include hours for vacation, holiday, sick leave and jury duty.

There shall be no pyramiding of overtime . H ours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.

B. COMPENSATORY TIME.

1. Fair Labor Standards Act (FLSA). In lieu of receiving o vertime pay pursuant to Section A above, an employee may elect to receive compensatory time off on a time and one-half basis. The employee shall be allowed to “bank” compensatory time at a time and one -half basis. No employee shall accrue more than 80 hours of such compensatory time. (This 80 hour maximum bank is in conjunction with Section 2 below.) Should any employee exceed the maximum bank of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate.

An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.

2. Non-Fair Labor Standards Act (Non -FLSA). Overtime hours not otherwise subject to the FLSA regular rate of pay (after taking paid leave time exclusions into account) may be taken as compensatory time off. Such hours shall be earned, banked, and taken off at the straight time rate. No employee shall accrue more than 80 hours of such compensato ry time. (This 80 hour maximum bank is in conjunction with Section 1 above.) Should any employee exceed 80 hours of accrued compensatory time, he/she shall be paid at time and one-half his/her base rate.

C. AUTHORIZATION.

1. All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized.

2. An employee's failure to obtain prior approval may result in the denial of the overtime request.

3. The City may prescribe reasonable periods of overtime work to meet its operational needs.

B.P.C.E.A. M.O.U.

D. CLOTHES CHANGING . Each employee is provided with a locke r for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.

Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work.

Nothing herein prevents an employee from wearing his/her uniform while conducting personal business during lunch time.

Time spent in changing clothes before or after a shift, is not considered worked and is not compensable in any manner whatsoever.

E. TRAINING TIME. Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq.

Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq.

When feasible, the City will adjust the employee's work schedule to minimize the impact of travel and training time.

F. CITY VEHICLE USE. An employee who is provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle.

This provision also applies in those situations where the radio must be left on and monitored.

G. CALL-BACK PAY. Call-back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift. Call -back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two hours work commencing when he/she leaves his/her residence and will terminate at the end of the two hour minimum, or if the call-back lasts longer than two hours the time he/she returns to his/her residence.

Any call-back lasting two hours or less shall result in a credit fo r two hours worked .

When added to the eight hour day or 40 hour work week, an employee shall end up with a net result of three hours pay (or three hours comp time at time and one-half).

Any call-back lasting more than two hours shall result in a credit f or actual hours worked. When this credit is added to the eight hour day or 40 hour work week, the net result will be time and one-half the actual hours worked on the call-back.

B.P.C.E.A. M.O.U.

Similar calculations as outlined above will be used when an employee is entit led to a four hour call-out because the call-back occurs on Sunday, a holiday, or between 12:01 a.m. and 5:00 a.m.

When a call-back occurs on a holiday recognized in Article 27, and lasts for more than four hours, the employee is entitled to an eight hour call-out for all hours worked over the four hour minimum.

The above provision shall not result in a double payment for call-outs lasting less than two hours (or when applicable, four hours) . For instance, if an employee works one hour on a call-out, he/she shall be credited with two hours, resulting in three hours of pay or comp time after application of time and one-half. He/she shall not be entitled to the one hour at time and one-half plus the two hour minimum.

An employee who receives multiple calls within the allotted two hour minimum (or when applicable, four hour minimum) is not entitled to double -payment for call-backs even if the employee has returned to his/her residence. For example, if an employee receives a call -back that is completed and ret urns to his/her residence and then receives a second call-back will result in a continuation of service commencing from the original call-back start time regardless if the call was similar or different than the original call-back.

ARTICLE 14 – STANDBY PAY

Standby pay, in the amount up to $600.00 for a seven day cycle, pro -rated at $60 per week day (M - Th) and $120 per day for weekends (Fri - Sun), shall be paid t o any employee who is the after-hours active duty person, or is placed in a “Standby Position ” by the City. In the event of an actual call-back, the employee will be entitled to receive standby pay and pay according to the call-back pay provision in Article 13 of this MOU.

The City shall have discretion as to the implementation and maintenance of the standby pay program.

For employees hired on or after July 5, 2025, Standby duty shall be required for Water and Sewer Services personnel, as determined and assigned at the sole discretion of the Director of Public Works.

ARTICLE 15 – EDUCATION PROGRAM

A. REIMBURSEMENT.

An employee who is pre-approved by the department head to attend a specified, off- duty education course shall receive reimbursement for certain expenses.

An approved education course is defined as off -duty instruction that will be m utually and immediately beneficial to the employee and the City.

B.P.C.E.A. M.O.U.

1. Prior to enrolling in the class, an employee desiring reimbursement for expenses shall acquire the department head ’s approval as to course content and its relationship to the employee’s City employment. On completion of the course, with a grade of “C” or better, the employee shall submit a “Request for Educational Reimbursement” form to the department head along with a copy of the official transcripts and receipts for the total cost of the course.

Effective January 1, 2024, on approval by Human Resources and Finance, the employee shall then be reimbursed a maximum of $5,000 per calendar year for tuition, books, transportation costs where appropriate, registration fees and related expenses necessary for completion of the course.

2. Reimbursement will only be given for coursework taken within the current calendar year (January 1 – December 31). The difference between the City’s maximum obligation during any calendar year and the total amount of actual reimbursement received by the employee during that calendar year shall not be carried over or be available for use by the employee in any subsequent year.

3. A copy of the official transcript shall be forwarded to the Human Resources Office for retention in the employee’s education file.

B. EDUCATIONAL INCENTIV E ALLOWANCE. An employee with a job -related (as determined by the City) degree or certificate from an accredited educational institution shall receive an additional allowance as follows:

 Associate of Arts Degree $30 per month

 Bachelor of Arts Degree $60 per month

 Master’s or Ph.D. Degree $90 per month

Special Certificates:
 10 or more semester units $15 per month

 20 or more semester units $30 per month

No employee may receive more than one Educational Incentive benefit at one time.

ARTICLE 16 – SAFETY SHOES

A. Each employee shall receive up to $350 per fiscal year, through a direct purchase from a City selected vendor, for safety shoes which comply with current California Office of Safety and Health Administration ( Cal/OSHA) standards, Title 8, Section 3385, as amended.

B.P.C.E.A. M.O.U.

B. Each employee shall wear such safety shoes while performing his/her usual and customary duties, in compliance with Cal/OSHA standards, Title 8, section 3385. Any employee failing to adhere to this requirement shall be subject to disciplinary action, up to and including termination. The City Manager and/or his designee shall have discretion as to the need and necessity of the safety shoe purchase.

ARTICLE 17 – UNIFORM ALLOWANCE

A. The City shall provide a work uniform to each employee and shall provide a City-paid cleaning service for such uniforms.

B. The City agrees to continue to provide uniform cleaning service for those bargaining unit members who currently receive it.

C. The monetary value for such purchase, rental, and maintenance of the required clothing which is a ready substitute for personal attire (uniform) shall be reported to the California Public Employees’ Retirement System (CalPERS) as compensation as required by law. The annual retirement contribution shall be based on the stated amounts listed in Article 20 – Public Employees’ Retirement System. Any additional tax liabilities are borne solely by the employee.

ARTICLE 18 –TOOL REIMBURSEMENT

A. An employee in the classification of Fleet Mechanic and Lead Fleet Mechanic shall be eligible for reimbursement for the purchase of tools required in the performance of his/her job according to the following schedule:

 The maximum reimbursement amount will be $300 per fiscal year.

To be eligible for reimbursement, the tool purchase must be approved in advance by the Director of Public Works or his/her designee . The City retains the sole discretion to determine the necessity to purchase particular tools.

If the emp loyee remains employed for six months after the actual date of the tool purchase, the employee will own such tools outright. If the employee does not remain employed for six months after the actual date of the tool purchase, the City will retain ownership of such tools upon the employee's separation.

B. In the event a probationary employee in the above -referenced classifications purchases tools, the time period for outright ownership of the tools is extended to 18 months from the date of hire. After that period, Paragraph A above shall apply.

ARTICLE 19 – MILEAGE

An employee required to use a personal vehicle for City business shall be reimbursed at the rate allowed by the Internal Revenue Service.

B.P.C.E.A. M.O.U.

ARTICLE 20 – CHILD CARE REIMBURSEMENT PROGRAM

A. Employees who have qualified dependent(s) between the ages of 0 and 5 (under 6) years old shall receive an additional $100 per month, per child, for child care assistance.

B. Qualifying dependents are natural born child, adopted child, step child, and/or parent- child relationship.

C. Child care reimbursement payments will not be considered compensation reportable to CalPERS or included in the calculation of the regular rate for overtime, benefits, or any other purpose.

B.P.C.E.A. M.O.U.

RETIREMENT

ARTICLE 21 – PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

A. RETIREMENT PLAN. The City shall maintain its contract for a pension plan with the California Public Employees Retirement System (CalPERS), as originally adopted on March 1, 1964, and amended thereafter.

B. CONTRACT OPTIONS. The City’s contract with CalPERS shall include the following options:

Government Code Section

1. One Year Highest Compensation 20042

2. Military Service Credit as Public Service 21024

3. 2.5% at 55 – Full Formula 21354.4

4. Fourth Level of 1959 Survivor Benefit 21574

5. Pre-Retirement Optional Settlement 2 Death
Benefit
21548

C. SECOND TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after December 22, 2012, shall include the following options:

Government Code Section

1. Three Highest Years Compensation 20037

2. Military Service Credit as Public Service 21024

3. 2% at 60 – Full Formula 21353

4. Fourth Level of 1959 Survivor Benefit 21574

5. Pre-Retirement Optional Settlement 2 Death Benefit 21548

D. THIRD TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after January 1, 2013, shall include the following options:

Government Code Section

1. Three Highest Years Compensation 7522.32

B.P.C.E.A. M.O.U.

2. Military Service Credit as Public Service 21024

3. 2% at 62 – Full Formula 7522.20

4. Fourth Level of 1959 Survivor Benefit 21574

5. Pre-Retirement Optional Settlement 2 Death Benefit 21548

E. CONTRIBUTIONS.

1. Employees hired before December 22, 2012, the full eight percent (8%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis.

2. Employees hired on or after December 22, 2012, the full seven percent (7%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis.

3. Employees hired on or after January 1, 2013 , shall pay 50% of the normal cost rate for the benefit formula 2% at Age 62 via payroll deduction on a pre -tax basis (Government Code Section 7522.30).

4. 1959 Survivor Benefit. Each employee will pay the emp loyee share required by CalPERS (currently $2.00 per month) and the City will pay the employer costs.

ARTICLE 22 – SOCIAL SECURITY

In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law shall be the responsibility of the employee, and shall be paid in full by the employee and the City shall not be obligated to pay or “pick-up” any portion thereof.

B.P.C.E.A. M.O.U.

INSURANCE

ARTICLE 23 – MEDICARE

Employees hired by the City on or after April 1, 1986, shall pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or “pick-up” any such contributions.

ARTICLE 24 – MEDICAL INSURANCE

A. The City shall provide group medical insurance under the California Public Employees' Medical and Hospital Care Act (PEMHCA).

B. City Contribution. The City shall contribute the following monthly amounts for group medical insurance. Any additional contribution necessary to maintain group medical insurance shall be borne solely by the employee.

1. Persons Hired On or Before June 30, 1999

Employees

For coverage effective: July 1, 2025
 Employee Only $1,139
 Employee & One Dependent $1,707
 Employee & 2 + Dependents $2,240

For coverage effective: July 1, 2026

 Employee Only $1,214
 Employee & One Dependent $1,807
 Employee & 2 + Dependents $2,390

Retirees

 Retiree Only $126.00
 Retiree & One Dependent $172.00
 Retiree & 2 + Dependents $195.00

2. Persons Hired On or After July 1, 1999

Employees

For coverage effective: July 1, 2025
 Employee Only $1,139
B.P.C.E.A. M.O.U.

 Employee & One Dependent $1,707
 Employee & 2 + Dependents $2,240

For coverage effective: July 1, 2026

 Employee Only $1,214
 Employee & One Dependent $1,807
 Employee & 2 + Dependents $2,390

Retirees

The City’s contribution for retirees who were hired on or after July 1, 1999 , is determined by the California Public Employees Retirement System (CalPERS) in accordance with Section 22892 of the Public Employees’ Medical and Hospital Care Act ( PEMHCA). The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.

 For coverage effective January 1, 2025: $158.00/month per retiree  For coverage effective January 1, 2026: $162.00/month per retiree  For coverage effective January 1, 2027: To be determined by CalPERS

C. EXCESS MEDICAL. An employee who selects a health i nsurance plan which costs less than the City’s maximum monthly contribution may have the difference placed in his/her deferred compensation account, purchase products available through the City’s Cafeteria Plan, or receive a cash payout. For example, an em ployee with no dependents is entitled to a maximum monthly contribution of $1,139 per month. If he/she has a health insurance plan which costs $ 628.63 per month, the employee is entitled to $510.37 per month in excess medical.

D. WAIVER OF MEDICAL INSURANCE.

1. An employee may elect to not be covered by a City group medical insurance plan if he/she provides proof of coverage from another group medical insurance source.

The City may require proof of coverage at any time.

2. An eligible employee may elect to have the City’s monthly contribution applied to his/her deferred compensation account, the purchase of products offered through the Cafeteria Plan, and/or receive a cash payout.

The City contributions shall be $753.00 per month.

E. SERVICE RETIREMENT ACCOUNT (SRA). In addition to the Contribution pursuant to the CalPERS Contract, employees hired on or after July 1, 1999, will be allowed to bank accrued sick leave time for use upon Retirement from Service, into a Service Retirement Account to defer out -of-pocket expenses for purchasing group medical B.P.C.E.A. M.O.U.

insurance under the City’s program. The City will participate in the SRA by matching the employee contribution on a two-for-one (2:1) basis.

1. SRAs are not subject to fellow employee donations of sick leave or any other leave provisions. However, the SRA will be coordinated with the City’s Sick Leave Buyback program.

2. To be eligible, an employee must have a sick leave balance of at least 480 hours, and must maintain at least 480 hours of sick leave after making such deposit.

3. An eligible employee may place up to one -half of any unused portion of his/her annual sick leave accrual into the SRA, with the City matching contribution of two- to-one. This provision will be coordinated with the Sick Leave buyback provision, thereby limiting buyback and SRA deposits to one -half of any unused portion of their annual sick leave accrual.

4. The SRA is not subject to bearing interest. Eligible employee deposits and the City’s matching contributions are flat deposits.

5. Sick leave placed in the SRA will be converted into cash at the employee’s base pay rate and thus will no longer be available as sick leave once deposited in the SRA.

6. The donor employee shall have two options for withdrawal of funds from the SRA.

a. At the option of the emplo yee, upon retirement from service, the SRA will be paid at the then -hourly rate for the depositor. This shall include the employee contribution as well as the City’s matching portion, which will be used to offset/defer costs associated with purchasing gro up medical insurance plans during retirement.

b. The employee may, at any time, withdraw hours from the SRA to convert to cash, and will be paid at the base pay rate in effect when the original deposit was made. An employee making an early withdrawal from t he SRA shall not be entitled to any of the City’s matching contribution, and shall lose that equal portion of the matching contribution as was withdrawn , i.e., two-to- one.

7. In the event that a participating employee separates from employment on other than a Retirement from Service (Service Retirement or Disability Retirement), the City shall payoff only the employee’s portion of the contributions made to the SRA, at the base pay rate for each deposit, and shall not be entitled to any of the City’s matching contribution.

8. In the event the SRA survives an active employee, or a retired employee, the City will pay off the balance of the employee’s contribution to the survivor of record.

B.P.C.E.A. M.O.U.

Payment will be at the then-current base pay rate for the active employee and/or at the base pay rate of withdrawal for retired employee, including the City’s matching contribution.

9. The City reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Determinations shall be made in a manner that no employee shall lose his/her portion of the SRA and the City will not lose its portion of the matching contribution. Any determinations made in hearing a dispute to grant the City’s portion of the matching contribution will be made on a case -by-case basis, and will not be determined to be a past practice or official policy of the City.

Any person employed by the City prior to July 1, 1999 who is not currently a member of this unit of representation shall enjoy all benefits a nd rights of those employees hired prior to July 1, 1999, upon later occupying a position within this unit of representation.

10. Effective July 21, 2012, employees not currently enrolled in the SRA program are not eligible to enroll in this program. This program is closed to new enrollees.

ARTICLE 25 – DENTAL INSURANCE

The City shall continue to provide the current dental program for employees and their eligible dependents under the age of 26.

Each employee is responsible for choosing one of the three plan s listed below. In the event that no choice is made, the employee will be deemed to have chosen no dental insurance coverage.

Employees may switch plans only during the open enrollment period designated by the City.

Payment of Premiums. Employees shall pay the amounts shown. Any additional amount necessary to maintain group dental insurance shall be paid by the City.

A. 50/50 PLAN. The insurance carrier pays 50% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 50%.

Monthly

 Employee Only $3.00
 Employee & 1 Dependent $5.00
 Employee & 2 + Dependents $7.50

B.P.C.E.A. M.O.U.

B. 80/20 PLAN. The insurance carrier pays 80% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 20%.

Monthly

 Employee Only $10.00
 Employee & 1 Dependent $15.00
 Employee & 2 + Dependents $20.00

C. HMO PLAN. The insurance carrier pays a portion of all services based on the fee schedule. Employees who enroll in this plan do not pay any monthly premium. Each employee is responsible for any co-payment associated with this plan.

ARTICLE 26 – VISION INSURANCE

The City shall provide a vision insurance program for employees and their eligible dependents under the age of 26.

Each employee is responsible for enrolling in the plan. In the event that no choice is made, the employee will be deemed to have chosen no vision insurance coverage.

Effective January 1, 2026, the City shall contribute $6 monthly for group vision insurance.

Any additional contribution necessary to maintain group vision insurance shall be borne solely by the employee.

ARTICLE 27 – LONG TERM DISABILITY INSURANCE

A. The City shall pay the entire premium for a City-owned long-term disability insurance policy affording coverage to each active employee.

B. The policy shal l have a benefit waiting period of 60 calendar days of continuous disability. Any time after the expiration of the benefit waiting period, the employee may apply for this insurance and may use accrued leave pursuant to the City’s policy thereon.

C. The maximum benefit for total disability shall be 66 2/3 of the eligible employee’s basic monthly earnings as defined in the policy document, or $10,000 per month, whichever is less.

ARTICLE 28 – LIFE INSURANCE

A. The City shall provide group term life insurance (i ncluding accidental death and dismemberment) for each employee in the amount of one times (1x) the employee’s basic annual earnings to a maximum of $150,000 Each employee, at his/her own expense, may purchase additional life insurance from the insurer through the City.

B.P.C.E.A. M.O.U.

B. The City shall provide group term life insurance, (including accidental death and dismemberment) in the amount of $1,500 for each employee’s:

1. legal spouse or registered domestic partner and/or

2. children under the age of 26.

ARTICLE 29 – CAFETERIA PLAN

A. The City shall provide a full flexible Cafeteria Plan under IRS Code Section 125, to include Premium Only Conversion, Health Care Spending and Dependent Care Accounts.

B. The City and individual participants shall divide the cost of the third -party administration service fee. Service fees are to be paid only by employees enrolled in the Health Care Spending Account and/or Dependent Care Spending Account. There is no service fee for participants in the Premium Only Conversion plan. The service fee may be amended from time to time by the City and the third-party administrator.

The City will consult with employees prior to increasing any deduction from employees for any plan year.

C. The City will utilize any assets remaining in the plan at the end of each plan year to off-set service fees for employees enrolled in either the Health Care Spending Account and/or Dependent Care Spending Account. “Plan year ” is as defined in the plan documents. This item is governed by the Cafeteria Plan documents as it relates to Plan Year. Asset utilization to off -set service fees shall be determined no later than June 30 of any subsequent year.

ARTICLE 30 – ADMINISTRATION

A. The City shall have the right to select any insurance carrier or other method of providing c overage to fund the benefits included under the terms of this MOU, provided that the benefits of the employees shall be substantially the same as those in existence prior to implementation of this MOU.

B. If, during the term of this MOU, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall meet with the Association prior to any change of insurance carrier or method of funding the coverage.

C. All group insurance benefits shall be provided and calculated in accordance with the City’s contracts with insurance providers.

B.P.C.E.A. M.O.U.

LEAVES

ARTICLE 31 – HOLIDAYS

A. The following dates, and such other days or portion of days as may be designated by motion of the City Council, shall be observed as paid holidays.

Holiday Date
New Year’s Day January 1
Martin Luther King Jr. Day 3rd Monday in January
Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday following 4th Thursday in November Day before Christmas December 24
Christmas Day December 25

B. In addition to the above, two floating holidays per fiscal year may be earned. These floating holiday s shall be designated by the employee and requires management approval, in advance, before they are taken. New hires must be employed for three months before becoming eligible for the floating holiday.

C. When a holiday occurs on a Saturday the pre ceding Friday will be observed instead.

When a holiday occurs on a Sunday, the following Monday will be observed. When a holiday occurs on an off-Friday, the preceding Thursday shall be observed.

D. Holiday Closure. The City shall close the City Hall, City Yard, and Community Center facilities to the public during the holiday period between Christmas Eve and New Year's Day. During the closure, employees will have the option to use accrued Vacation, Compensatory Time , or Floating Holiday . Employees without sufficient accrued leave time to cover the holiday closure may borrow from future vacation accrual.

The City maintains the right to determine the essential services which still operate during this closure period.

ARTICLE 32 – VACATION LEAVE

A. ACCRUAL. Vacation leave with pay shall accrue to each employee at the following rates:

Years of Service Vacation Hours Accrued
Less than 1 year 80 hrs. vacation per year
(6.667 hrs. per month)
B.P.C.E.A. M.O.U.

Less than 2 years 90 hrs. vacation per year
(7.5 hrs. per month)

Less than 3 years 100 hrs. vacation per year
(8.333 hrs. per month)

Less than 4 years 110 hrs. vacation per year
(9.167 hrs. per month)

Less than 5 years 110 hrs. vacation per year
(9.167 hrs. per month)

5 years to 10 years 120 hrs. vacation per year
(10 hrs. per month)

10 years or more 160 hrs. vacation per year
(13-1/3 hrs. per month)

An employee having a probationary or regular appointment that is less than full -time, but is half -time or more, shall accrue vacation on a prorated basis, b ased on the employee’s regular (i.e., not overtime) paid hours in each pay period.

B. ACCUMULATION. Accumulation of vacation leave in excess of that earned in two years is prohibited. All vacation leave exceeding the authorized accumulation shall be forfeited.

C. USAGE. Vacation leave taken shall not be in excess of that actually earned at the time the vacation starts.

1. Each employee must take at least 40 hours of vacation each fiscal year.

2. The time during the calendar year at which an employee shall take vac ation shall be determined with particular regard for the needs of the service and due regard for the wishes of the employee.

3. In the event one or more municipal holidays falls within a vacation leave, such days shall not be charged as vacation leave, and t he vacation leave shall be extended accordingly for employees eligible for such holidays.

4. Any leave of absence without pay shall not accrue vacation leave for each 30 day period of such leave.

5. No employee shall be entitled to any vacation until completion of six (6) months of continuous service.

B.P.C.E.A. M.O.U.

6. All usage of vacation and compensation time should be requested and approved by the employee's department head or designee at least two days prior to the start of vacation time.

D. ANNUAL CONVERSION.

1. An employee may elect to convert up to 40 hours of vacation leave into a cash payment at the employee's then -current rate of base pay. To be eligible for this option, the employee must utilize 40 hours of vacation leave in the preceding fiscal year.

2. Notwithstanding the above paragraph, an employee may convert up to a maximum of 80 hours of annual vacation leave into a cash payment as long as the employee has 240 hours, or more, of annual vacation leave “on the books” after the conversion.

E. VACATION PAY AT SEPARATION . Upon separation, a n employee will receive compensation at the current rate of base pay for all unused earned vacation , up to and including the date of separation.

1. An employee who separates while serving a probation period in a classification to which the employee has been promoted shall receive vacation pay at separation based on the hourly equivalent of the base pay received immediately prior to promotion, provided the employee has successfully completed a probation period in the classification from which the employee was promoted.

2. An employee who has not completed six (6) months of continuous service shall not receive vacation pay at separation.

F. CONTINUOUS SERVICE. For the purpose of computing years of service, an employee’s continuous service shall be b ased on the effective date on which the employee received initial probationary appointment in the City service.

ARTICLE 33 – SICK LEAVE

A. ACCRUAL.

1. Each full-time employee shall accrue sick leave with pay at the rate of eight hours for each full calendar month of continuous service in which the employee has worked or has been on authorized leave of absence with pay.

2. Part-Time Appointees. An employee having an appointment that is less than full - time, but is half -time or more, shall accrue sick leave with pay at the rate of four hours for each full calendar month of continuous service in which the employee has worked or has been on authorized leave of absence with pay.

B.P.C.E.A. M.O.U.

3. Any leave of absence without pay exceeding 15 consecutive days shall result in no accrual of sick leave during the consecutive days of the employee’s leave of absence without pay that is in excess of 15 consecutive days.

B. ACCUMULATION. Sick leave may be accumulated without limit.

C. USAGE.

1. Eligibility for Use of Sick Leave. Sick leave may be taken only when the employee has sick leave credits. An employee shall be eligible to take sick leave after he/she has worked one full calendar month.

2. Sick leave may be granted only with the approval of the department head and only in case of a bona fide illness or medical/dental appointments of the employee. The department head may require a physician’s certificate or other evidence of the adequacy of the reason for the employee’s absence during any period for which sick leave was requested.

3. Sick leave may also be used for a bona fide illness or medical/dental appointments of a family member (spouse, child, brother, sister, mother, father, mother -in-law, father-in-law, grandmother, grandfather) or designated person when the presence of the employee is required up to a maximum of three days per individual situation.

The department head may require a physician’s certificate or other evidence of the adequacy of the reason for the employee’s absence during any period for which sick leave was requested.

A “designated person” is defined as any one person identified by the employee at the time the employee requests paid sick leave. This designation is limited to only one designated person per 12-month period.

4. Maternity leave. The employee shall submit a docto r’s statement approving her fitness to continue working for a specified term. A post-natal release from the doctor must be submitted prior to returning to work.

5. Sick leave shall not be used in lieu of, or added to, vacation. Accrued vacation leave may be used for sickness when all sick leave has been taken.

6. Sick leave during vacation. An employee who becomes ill while on vacation may have such period of illness charged to accumulated sick leave instead of to vacation, provided that immediately upon return to duty, the employee submits to the department head a written request for sick leave and a written statement signed by the employee’s physician describing the nature and dates of the illness.

7. Limitations. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for all of the following reasons:

B.P.C.E.A. M.O.U.

a. Disability or illness arising from compensated employment other than with the City of Buena Park.

b. Leave of absence without pay.

c. Absence because of intoxication or for the purpose of recovering from intoxication.

D. MEDICAL LEAVE OF ABSENCE . Upon written request of the employee and recommendation of the department head, the City Manager may authorize in writing a leave of absence without pay for the purpose of recovering from an illness, provided:

1. The employee has used all accumulated sick leave.

2. The employee has been continuously employed in the City service for at least one year.

3. The employee presents to the department head for referral to and consideration by the City M anager a written explanation of the employee’s illness and an estimate of the time needed for recovery signed by the employee’s physician.

4. Prior to resuming duties, the employee may be required to take a medical examination at the employee’s expense and a s prescribed by the City Manager .

The employment record and the results of such examination shall be considered by the City Manager or designee in determining the employee’s fitness to return to work.

5. The maximum period of such leave shall be three calen dar months . If the employee desires an extension, the employee shall follow the procedure described in subparagraph 3 above.

E. PENALTY FOR ABUSE. When, in the judgment of the department head , the employee’s reason for being absent because of alleged sicknes s is inadequate, the department head shall indicate on the payroll form that the absence was without pay.

The department head may recommend to the City Manager that appropriate disciplinary action be imposed against the employee.

F. ANNUAL BUYBACK PROGRAM.

1. To be eligible, an employee must have:

a. 480 hours of accumulated sick leave as of the first pay period of July of the preceding year, and
b. 480 hours of accumulated sick leave remaining after the cash out.

B.P.C.E.A. M.O.U.

2. An employee who wishes to participate must file a written request with the Finance Department. This request will apply for the previous fiscal year sick leave accumulation.

3. Participants will be paid for 50% of the hours accrued during the fiscal year. These hours being paid will be deducted from the em ployee’s sick leave bank. The remaining hours accrued, but not used, will remain in the employee’s sick leave bank. Payment will be based at the employee’s base hourly rate in effect at the time of payment.

G. SICK LEAVE PAY ON SEPARATION. Except as herein provided, no payment shall be granted to an employee for accrued sick leave at the time of separation .

Termination of an employee’s continuous service, except by reason of layoff for lack of work or funds, shall abrogate all sick leave accrued at the time of such separation, regardless of whether the employee subsequently reenters the City service.

Employees appointed on or after September 20, 1982, shall not be eligible for sick leave pay on termination as provided for in this section.

Employees hired on or prior to September 19, 1982, shall be paid for 50% of the value of his/her unused sick leave based on the employee’s rate of base pay at the time of honorable separation or retirement.

Employees may only accrue 120 days (960 hours) of sick leave for the purposes of this section and for the purposes of compensation on separation.

ARTICLE 34 – BEREAVEMENT LEAVE

Whenever an employee is compelled to be absent from duty by reason of the death (or critical illness where death appears imminent) of a fami ly member, the employee shall, upon approval of the department head, be entitled to up to three work days of bereavement leave with pay once per fiscal year. Employees in need of additional time off may charge such absence to the employee's accumulated sic k leave to a maximum of five working days for each such incident. Use of such leave shall not count against the sick leave buy back or deposits made to the SRA.

“Family member” is defined as the employee’s or spouse’s:

 Father  Mother
 Grandfather  Grandmother
 Sibling(s)  Child
 Spouse  Grandchildren

ARTICLE 35 – WORKERS COMPENSATION

A. An employee who is absent from duty because of an on-the-job injury sustained during City employment shall receive his/her normal pay during the first 27 calendar weeks B.P.C.E.A. M.O.U.

of such accident, provided the employee returns to the City any compensation paid under the provisions of the California Workers’ Compensation Law for the corresponding period of time.

During this maximum 27 -week period, an employee so entitled shall continue to receive all forms of compensation he/she would be receiving as if at work. The employee shall also be eligible for consideration for merit pay increases during this period.

B. After this maximum 27-week period, an employee who has not returned to work shall not receive any other form of compensation from the City, including, but not limited to, accrual of vacation and sick leave, holiday pay, special assignment pay, education pay or payment of group insurance premiums. An employee may not use accumulated sick leave or vacation to supplement temporary disability indemnity payments.

ARTICLE 36 – JURY DUTY

No deduction shall be made in the pay of an employee who serves on jury duty if the employee has waived or remitted the jury fee for such jury duty. An employee who serves on jury duty on a scheduled day off shall not be required to remit his/her jury fees for that day. If the employee has not so waived or remitted the jury fee, the employee shall be paid only for the time actually worked in the City position. An employee summoned to jury duty shall immediately notify his/her supervisor in writing. The employee shall remit to the City all fees and allowances payable for jury duty, less reimbursements from the court for meals, travel, or lodging.

ARTICLE 37 – OTHER LEAVES

A. LEAVE WITHOUT PAY. Upon written recommendation of the department head, the City Manager may authorize a leave of absence without pay for a period not to exceed 30 calendar days in a calendar year.

Authorized leaves of absence without pay of 30 calendar days or less, and leaves of absence with pay for any period shall not constitute an interruption of an employee’s continuous service and shall not be deducted in computing total City service.

Authorized leaves of absence without pay in ex cess of 30 calendar days, unless covered by the Family Medical Leave Act, shall be deducted in computing an employee’s total City service for advancement in salary range and for other purposes specified in this MOU, but shall not serve to interrupt continuous service.

B. MILITARY LEAVE. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting military leave shall present a copy of military orders to the department head prior to the beginning of the leave.

Employees who present military orders for active duty status shall continue to receive all forms of compensation he/she would be receiving as if at work for the first 30 days B.P.C.E.A. M.O.U.

of such abse nce in any one fiscal year (except weekend drills and/or training).

Weekend drills and/or training are not considered active duty under the Military and Veterans Code and not eligible for salary continuation benefits.

If an employee is called to inactive duty and must report to such duty on days the employee is scheduled to work, the employee must request the time off and use their leave banks for such absence if necessary.

B.P.C.E.A. M.O.U.

WORKING CONDITIONS

ARTICLE 38 – PAY PERIODS

A. The City shall utilize the biweek ly payroll system. Pay periods shall begin at 12:01 a.m. every other Saturday and end at midnight the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception is when that Friday is a federal holiday, the payday shall fall on the preceding business day.

B. Direct Deposit. The City shall electronically deposit employees' paychecks into a savings or checking account designated by the employee. All employees shall participate in the City's direct deposit payroll program. Each employee shall be responsible for providing the Human Resources Department with the correct routing number and account number of his or her banking institution.

ARTICLE 39 – ATTENDANCE

A. Each employee shall be in attendance at his/her work station in accordance with the rules regarding hours of work, holidays, and leaves . All departments shall keep daily attendance records of employees which shall be reported to Payroll on a designated form and o n the dates specified . A bsence without leave, whether voluntary or involuntary, for a period longer than five consecutive assigned working days is an automatic resignation from City service.

B. Any employee who is absent from duty shall report the reason for such absence to the department head or immediate supervisor prior to the normal work shift. Absences not reported in such manner may be considered absence without leave. A deduction of pay shall be made for the duration of any absence without leave. Upon return to work, such absence must be justified.

ARTICLE 40 – HOURS OF WORK AND SCHEDULES

Unless otherwise prescribed in writing by the City Manager, the work week, work shift, and work schedule for each position shall be as follows:

A. WORK WEEK. The work week for all full-time positions shall be 40 hours.

B. WORK SHIFT. The work shift for all full -time positions scheduled on the “9/80 Work Plan” shall be nine hours a day for eight days, and eight hours for one day for a total of 80 hours in a two-week period.

C. WORK SCHEDULE. The work schedule for each position shall be as established by the department head. All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, B.P.C.E.A. M.O.U.

Sundays, and holidays continuously on week days in accordance with the Alternative Work Schedule.

D. ALTERNATIVE WORK SCHEDULES. The decision to implement any alternative work schedule, including the 9/80 Plan and the 4/10 Plan , is at the sole discretion of the City. The alternative work schedule may be revoked at any time by the City as long as 30 days’ notice of revocation is given to the Association and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet-and-confer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action.

Except in cases of emergency, the City shall provide two weeks’ notice to an employee of any changes in his/her work schedule.

ARTICLE 41 – 9/80 PLAN ALTERNATE WORK SCHEDULE

A. Federal legislation in Air Quality Management District (AQMD) Rule 15 requires employers, including cities, to use alternative methods to reduce vehicular poll ution emissions. The 9/80 work schedule will reduce the average number of vehicle trips to the work site between 6:00 a.m. and 10:00 a.m., and comply with the Federal requirements. It also satisfies Council’s direction to provide extended service hours to the public and employees.

B. PLAN DEFINED. The work period will be forty hours per week. It will consist of nine days instead of ten in a two-week pay period. Employees will work eight days for nine hours a day and one day for eight hours for a total of 80 hours in the pay period. The basic work day will increase from 8 eight to 9 nine hours a day. The standard for accounting is 80 hours in a pay period. During a pay period, the employee shall have one occasion of two consecutive days off and one occasion of three consecutive days off. The 9/80 Plan allows employees to be off an additional day during the pay period.

Days off will be consecutive and scheduled at the discretion of the department heads.

Days off include every other Friday . O nce days off are determined, they are fixed unless otherwise approved.

C. WORK PERIOD FOR NON -EXEMPT EMPLOYEES . The work period for all employees who are not exempt from FLSA requirements on the 9/80 will continue to be 40 hours and a pay period will still consist of two wo rk periods. However, the first work period will end and the second work period will begin in the middle of the fifth work day shift in the pay period . Depending upon the employee's schedule, four or five hours will belong to the first work period and the r emaining four or five hours of that day will belong to the second work period . Work periods can break on different days of the week depending upon which days the employee works. The work period break in a pay period can be as early as the middle of the fir st Wednesday or as late as the middle of the second Monday of the pay period. The pay period will still coincide with the current payroll reporting period.

B.P.C.E.A. M.O.U.

D. PAYROLL PERIOD REPORT DATES – ALL EMPLOYEES . Payroll will still be reported in accordance with our payroll calendar for all employees, including those on the 9/80 Plan.

E. WORK HOURS. For employees who normally work daytime hours Monday through Friday, the following work schedules are available to serve the needs of the City.

6:00 a.m. – 3:30 p.m. (30 minute lunch)
6:30 a.m. – 4:00 p.m. (30 minute lunch)
7:00 a.m. – 4:30 p.m. (30 minute lunch)
7:30 a.m. – 5:00 p.m. (30 minute lunch)
8:00 a.m. – 5:30 p.m. (30 minute lunch)

The day of the week the employee has off during one work period will be an eig ht- hour work day the next work period and vice versa. For example, if the employee is off the first Friday of a pay period, he/she will work eight hours on the second Friday of that pay period. All other days worked in that pay period will be nine-hour shifts.

The department head or his/her designee may adjust the designated start/stop schedules as seasonal and/or weather conditions indicate.

The following depicts the four different work schedule patterns within a pay period:

Days Worked Within Pay Period

Group 1 2 3 4 5 6 7 8 9 10
A 9 hrs 9 hrs 9 hrs 9 hrs 8 hrs 9 hrs 9 hrs 9 hrs 9 hrs Off B 9 hrs 9 hrs 9 hrs 9 hrs Off 9 hrs 9 hrs 9 hrs 9 hrs 8 hrs C 8 hrs 9 hrs 9 hrs 9 hrs 9 hrs Off 9 hrs 9 hrs 9 hrs 9 hrs D Off 9 hrs 9 hrs 9 hrs 9 hrs 8 hrs 9 hrs 9 hrs 9 hrs 9 hrs

F. PAYROLL REPORTING.

1. If an employee uses sick time, vacation time, holiday time or compensation time earned during the pay period and this time had not been reported on the payroll report submitted Monday morning, the time taken must be submitted to the Finance Department in writing.

2. If an employee is in an Absence Without Pay (AWOP) Status at any time during the pay period, and this had not been indicated on the payroll report submitted on Monday morning, the supervisor or payroll cl erk shall call Finance immediately to make a payroll correction.

3. All employees should make every effort to notify their supervisor on Thursday, if they will be using sick leave or AWOP time on Friday.

B.P.C.E.A. M.O.U.

4. When an employee separates from employment, the employee will be paid for all hours worked.

5. When an employee changes to a different work schedule, it must coincide with the start of a pay period.

G. LEAVE TIME ACCRUALS . Benefit leave time accruals will remain the same as designated in this Memorandum of Unde rstanding. Depending on the work day, benefit leave time off under the 9/80 Plan will be at the rate of either eight or nine hours.

H. HOLIDAYS.

1. If a holiday falls on the Friday the City is closed, the holiday will be observed on the preceding workday.

2. If a holiday falls on the employee's day off, an eight -hour day off must be taken within the same pay period as the holiday. An employee's alternate day off for the holiday must be approved by the department head.

3. If a holiday (including floating holidays) falls on the employee’s nine-hour workday, an employee will be credited with nine hours. If a holiday falls on an employee’s eight-hour workday, an employee will be credited with eight hours.

4. On pay periods containing holidays where employees' regularly s cheduled hours need to be altered, for those employees who are subject to FLSA requirements, additional work schedule adjustments may be required for the day that breaks their two 40 hour work periods within the pay period to ensure the 40 hour work periods are maintained.

5. Holidays occurring on an employee’s regular eight-hour work day are not affected by the above schedule.

I. PAID SICK TIME/VACATION.

1. Employees using paid sick leave on an eight-hour day will be charged eight hours.

2. Employees using paid sick leave on a nine-hour day will be charged nine hours.

3. If the scheduled hours are greater than the sick leave balance, the difference will be covered by:

a. Use vacation or compensatory time.
b. Absence without pay.

B.P.C.E.A. M.O.U.

4. Vacation is charged in the same manner. Va cations occurring on eight-hour days will be charged eight hours , and those falling on nine -hour days will be charged nine hours.

J. WORKERS COMPENSATION. Employees will be paid for industrial accident leave hours in accordance with their current 9/80 work schedule. An employee will return on the same 9/80 work schedule.

K. MILITARY LEAVE, JURY AND PAID EXTENDED SICK LEAVE. Employees ordered to military duty, summoned to jury duty, or on paid extended sick leave will be paid according to their current work sch edule. After the completion of the military leave, jury duty, or paid extended sick leave, the employee will return to his/her regular 9/80 work schedule.

An employee shall not receive overtime (pay or comp time) when such leave falls on his/her day off.

L. 9/80 PLAN REVIEW . A decrease in productivity will represent a negative impact to the alternative work plans. Productivity may be measured by various criteria , which may include, but are not limited to:

 Sick leave usage  Employee turnover
 Inadequate staffing  Tardiness
 Measurable work output  Employee morale

Moreover, other impacts include: service delivery to the public, citizen input through compliments, commendations, or complaints, energy savings, and related costs or funding to the City.

ARTICLE 42 – 4/10 PLAN ALTERNATE WORK SCHEDULE

Effective July 4, 2015, the City shall implement and evaluate a “4/10 Alternative Work Schedule” for a trial period through the end of the contract.

A. The intent is to determine the effectiveness and efficiency of the Ci ty Employees Association work force in providing service to the community while working an alternative work schedule that includes a 4/10 component.

B. During this evaluation period, there will be no additional costs (direct or indirect) to the City as a result of a modified work schedule, specifically related to overtime except for call-backs for service and emergency calls and time-off accruals such as sick leave, vacation, holidays, etc. All such accruals will remain unchanged.

C. At the conclusion of this evaluation period, a review will be conducted by the City to determine the effectiveness of this alternative work schedule. A decrease in productivity will represent a negative impact to this alternative work schedule.

B.P.C.E.A. M.O.U.

Productivity may be measured by various criteria which may include but are not limited to:

 Sick leave usage  Employee turnover
 Inadequate staffing  Tardiness
 Measurable work output  Employee morale
 Employee accidents

Other impacts include service delivery to the public, including citizen input through compliments, commendations, or complaints, energy savings, and related costs or funding to the City.

D. PLAN DEFINED. Under this work schedule, employees work four consecutive, 10 hour days in a seven day workweek. The 4/10 schedule provides for a 40 hour workweek every seven days and three consecutive days off.

4/10 scheduling will be at the discretion of the department head.

E. WORK PERIOD. The work period for employees on the 4/10 who are exempt or non- exempt from FLSA requirements will remain the same Saturday through Friday. There are two 40 hour work periods per pay period. This schedule coincides with the current payroll reporting period.

F. PAYROLL PERIOD REPORT DATES – ALL EMPLOYEES. Payroll will still be reported in accordance with our payroll calendar for all employees, including those on the 4/10 Plan.

G. PAYROLL REPORTING.

1. If an employee uses sick time, vacation time, holiday time or compensation time earned during the pay period and this time had not been reported on the payroll report submitted Monday morning, the time taken must be submitted to the Finance Department in writing.

2. If an employee is in an Absence Without Pay (AWOP) Status at any time during the pay period, and this had not been indicated on the payroll report submitted on Monday morning, the supervisor or payroll clerk shall call Finance immediately to make a payroll correction.

H. WORK HOURS.

The department head or his/her designee may adjust the designated start/stop schedules as seasonal and/or weather conditions indicate.

I. Enrolling in or Dropping off the 4/10 Plan

B.P.C.E.A. M.O.U.

1. Prior to enrollment in the 4/10 plan, each employee is required to read the 4/10 plan guidelines and sign a statement that he/she has read all the conditions of the plan. A copy will be placed into the employee’s personnel file in the Human Resources office.

To expedite future shift changes that affect many employees’ work plans and/or changes many employees’ day off, a memo listing each employee’s new work schedule and days off should be signed by each employee affected and submitted to Finance (payroll) and to Human Resources where a copy of the memo will be filed in each affected person’s employee file. These changes must coincide with the beginning of a new pay period.

2. When an employee separates from employment, the employee will be paid for all hours worked.

3. When an employee changes to a different work schedule, it must coincide with the start of a pay period.

J. LEAVE TIME ACCRUALS. Benefit leave time accruals will remain the same as designated in this Memorandum of Understanding.

K. HOLIDAYS

1. If a holiday falls on the Friday the City is closed, the holiday will be observed on the preceding workday.

2. If a holiday falls on the employee's day off, a 10-hour day off must be taken within the same pay period as the holiday. An employee's alternate day off for the holiday must be approved by the department head.

3. On pay periods containing holidays where employees' regularly scheduled hours need to be altered, for those employees who are subject to FLSA re quirements, additional work schedule adjustments may be required for the day that breaks their two 40 hour work periods within the pay period to ensure the 40 hour work periods are maintained.

4. Holidays occurring on an employee’s regular 10-hour workday are not affected by the above schedule.

5. When a floating holiday is taken, employees taking the holiday on a 10 -hour day will be charged 10 hours.

L. PAID SICK TIME/VACATION

1. Employees using paid sick leave on a 10-hour day will be charged 10 hours.

B.P.C.E.A. M.O.U.

2. If the scheduled hours are greater than the sick leave balance, the difference will be covered by:

a. Use vacation or compensatory time.
b. Other leaves
c. Absence without pay.

3. Vacation is charged in the same manner. Vacations occurring on 10-hour days will be charged 10 hours.

M. WORKERS COMPENSATION. Employees will be paid for industrial accident leave hours in accordance with their current 4/10 work schedule. An employee will return on the same 4/10 work schedule.

N. MILITARY LEAVE, JURY AND PAID EXTENDED SICK LEAVE. Employees ordered to military duty, summoned to jury duty, or on paid extended sick leave will be paid according to their current work schedule. After the completion of the military leave, jury duty, or paid extended sick leave, the employee will return to his/her regular 4/10 work schedule.

An employee shall not receive overtime (pay or comp time) when such leave falls on his/her day off.

O. DEPARTMENT HEAD RESPONSIBILITY. Changes to an employee’s 4/10 work schedule must be coordinated through the department head, Human Resources and Finance to ensure that changes to and from the 4/10 Plan coincide with the beginning of a pay period.

P. The decision to implement any alternative work schedule, including the 9/80 Plan and the 4/10 Plan, is at the sole discretion of the City. The alternative work schedule may be revoked at any time by the City as long as 30 days’ notice of revocation is given to the Association and employees. Any modified work schedule shall not be considered a vested right or benefit and the Ci ty has no obligation to meet -and-confer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action.

ARTICLE 43 – AGENCY SHOP

A. ASSOCIATION DUES.

1. The City shall deduct dues on a regular payroll basis from the pay of all Association members. Such deductions shall be authorized in writing on a form approved and provided by the Association for this purpose. The membership forms shall be retained by the Association. The City shall rely on a certification from the Association for the authorization, modification, or cancellation of any/all dues B.P.C.E.A. M.O.U.

deductions. The City shall remit such funds to the Association within thirty (30) days following their deduction.

2. The City shall rely on a c ertification from the Association Representatives requesting a deduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction is to be made. An Association that certifies that it has and will maintain individual employee authorizations 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.

The Association shall indemnify the City for any claims made by the employee for deductions made in reliance on that certification.

3. The employee’s earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee in a non-pay status only during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made.

4. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this situation, all other legal and required deductions (including health care and insurance deductions) have priority over Association dues.

B. MAINTENANCE OF MEMBERSHIP.

1. Any employee in this unit who has authorized Association dues deductions on the effective date of this Memorandum of Understanding (MOU) or at any time subsequent to the effective date of t his MOU shall continue to have such dues deductions made by the City during the term of this MOU; provided however, that any employee in the unit may terminate such Association dues in the 14-day period following the anniversary of her/his employment with the City by notifying the Association in writing of her/his termination of Association dues deduction.

2. Such notification shall be delivered in person or by U.S. Mail to an Association Representative and should be in the form of a letter containing the fol lowing information:

 Employee Name
 Employee Number
 Job Classification
 Department Name
 Name of Association from which dues deductions are to be canceled

B.P.C.E.A. M.O.U.

4. The Association will then provide the City’s Human Resources Department with the appropriate documentation to process these dues cancellations within ten (10) business days after the close of the withdrawal period.

5. The City shall direct employee requests to cancel or change deductions to the Association. The City shall rely on information provided by the Association regarding whether deductions for Association membership were properly canceled or changed, and the Association shall indemnify the City for any claims made by the employee for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the employee’s written authorization, Association Bylaws, and this MOU.

C. INDEMNIFICATION. The Association shall indemnify, defend, and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City’s compliance with the agency fee obligation including claims relating to the Association’s use of monies collected under these provisions. The City reserves the right to select and direct legal counsel in the case of any challenge to the City’s compliance with the agency fee obligation, and the Association agrees to pay any attorney, arbitrator or court fees related thereto.

ARTICLE 44 – SUBSTANCE ABUSE

A. It is the responsibility of all affected employees to cooperate to p rotect the lives, personal safety and property of co -workers and fellow citizens . T he parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers.

B. It is in the best interest of the City, the Association, employees , and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productiv ity, an unsafe work environment, poor morale , and increased potential liability to the City. “Under the influence” means the knowing use of any illegal substance, alcohol, or knowing misuse of a prescribed drug in a manner and to a degree that substantial ly impairs the employee's work performance or the ability to use City property or equipment safely.

C. An employee, not on paid standby, who is called at home to return to work may decline to return if he/she feels physically unable to perform his/her job ev en if the employee perceives that the inability to perform is the result of having consumed alcoholic beverages. No reason need be given by the employee and the employee shall not be subjected to discipline for his/her refusal to return to work.

D. The City provides an Employee Assistance program for employees who have problems with drugs and/or alcohol . Every effort shall be made by the City to refer employees who have such problems to this counseling service for assistance.

B.P.C.E.A. M.O.U.

E. The City may, upon showing of reasonable suspicion that this policy is being violated, compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on City time and at the City's expense. “Reasonable suspicion” is a belief based on obje ctive and articulable facts sufficient to lead a reasonable and prudent supervisor to suspect that an employee is “under the influence” in that the employee’s ability to perform the functions of the job is impaired or the employee’s ability to perform his/ her job safely is reduced. Allegations of harassment pursuant to this paragraph shall be reported to the Human Resources Department. The Human Resources Department shall conduct an investigation into the alleged harassment and take appropriate corrective action as a result of its investigation. Nothing contained herein shall limit the City's right to discipline or discharge any employee.

ARTICLE 45 – EMERGENCY MEDICAL ATTENTION

In case of emergency, an employee may seek immediate medical attention without having to wait for a supervisor to accompany him/her.

ARTICLE 46 – GRIEVANCE PROCEDURE

A. DEFINITION. A grievance shall be considered as any matter for which appeal is not provided for concerning a dispute about the interpretation or application of any ordinance, rule, or regulation governing personnel practices or working conditions.

B. PURPOSE.

1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

2. To afford employees , individually or through qualified employee organizations , a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through discussions.

3. To provide that grievances shall be settled as near as possible to the point of origin.

4. To provide that grievances shall be heard and settled as informally as possible.

C. PROCEDURE. Whenever an employee feels that the policy of the City is not being appropriately applied, to his/her circumstance, he or she can file a grievance to resolve the dispute. The limitation on filing a grievance must be within sixty (60) calendar days from the date the employee or the Association first became aware of, or should have become aware of, the issue(s) underlying the grievance. To file a grievance, he or she shall take the following action(s):

B.P.C.E.A. M.O.U.

1. The dispute should be discussed fully with the employee's most immediate supervisor, who should make every effort to resolve the dispute in a fair and equitable manner and in accordance with established policy . After the employee and the supervisor have discussed the incident, the supervisor will give the employee a written response within two working days.

2. The process described above shall continue through the line of supervision, up to and including the department head, if the aggrieved party is not satisfied with the resolution at the initial or preceding step(s). However, the employee must notify the department head of the dispute in writing.

3. Should the dispute not be resolved by the department head to the satisfaction of both parties, the employee will notify the Director of Human Resources of the dispute in writing. The Director of Human Resources will interview both parties in the dispute and others affected and report those findings to the City Manager and recommend steps to be taken to resolve the problem within the Department.

Within 10 working shifts, the parties will be provided with a written response from the City Manager. The decision of the City Manager shall be the final step in the Administrative process.

ARTICLE 47 – ADVISORY ARBITRATION

City Council Resolution 1883, Personnel Rules and Regulations, Rule XVI, Section 2 and Section 5 shall be amended and is incorporated herein and attached as Exhibit F.

ARTICLE 48 – PERFORMANCE EVALUATION

The parties agree that performance eva luations may not be appealed to advisory arbitration. T he appeal process shall end at the City Manager level as provided in the grievance procedure contained herein.

ARTICLE 49 – MEDICAL EXAMINATION

Each employee is eligible for an ultrasound imaging screening (body scan) of internal organs and cardiovascular system by the City’s medical examiner each year, held typically during the health benefits open enrollment period. The individual employee’s results of the examination shall be disclosed only to the individual participant and neither the City nor the Association shall have any right to an individual’s examination results.

B.P.C.E.A. M.O.U.

SIGNATURES
Adopted July 8, 2025

FOR THE

CITY OF BUENA PARK

FOR THE BUENA PARK CITY

EMPLOYEES ASSOCIATION

Eddie Fenton
Assistant City Manager /
Director of Human Resources
Joe Rivera
President

Rebecca Valdez
Human Resources Manager
John Wear
Vice President

Jose Ortega Garcia
Treasurer

Anthony Wells
Secretary

Zach Ells
Member

Carlos I. Rubio
Chief Negotiator Teamsters 986
B.P.C.E.A. M.O.U.

EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 5, 2025

BUENA PARK CITY EMPLOYEES ASSOCIATION

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann.

Driver/Scheduler 521 26.31 4,560 54,725 27.58 4,781 57,366 28.91 5,011 60,133 30.28 5,249 62,982 31.74 5,502 66,019 33.31 5,774 69,285 34.14 5,918 71,011 Facilities
Maintenance
Technician 526 29.67 5,143 61,714 31.07 5,386 64,626 32.58 5,647 67,766 34.16 5,921 71,053 35.81 6,207 74,485 37.54 6,507 78,083 38.48 6,670 80,038 Facilities
Maintenance Worker 522 26.95 4,671 56,056 28.26 4,898 58,781 29.60 5,131 61,568 31.03 5,379 64,542 32.51 5,635 67,621 34.09 5,909 70,907 34.94 6,056 72,675 Fleet Mechanic 529 31.85 5,521 66,248 33.37 5,784 69,410 34.99 6,065 72,779 36.68 6,358 76,294 38.44 6,663 79,955 40.32 6,989 83,866 41.33 7,164 85,966 Lead Facilities
Maintenance
Technician 531 33.02 5,724 68,682 34.66 6,008 72,093 36.39 6,308 75,691 38.21 6,623 79,477 40.11 6,952 83,429 42.13 7,303 87,630 43.18 7,485 89,814 Lead Fleet Mechanic 533 35.00 6,067 72,800 36.73 6,367 76,398 38.48 6,670 80,038 40.34 6,992 83,907 42.28 7,329 87,942 44.35 7,687 92,248 45.46 7,880 94,557 Lead Maintenance
Worker 531 33.02 5,724 68,682 34.66 6,008 72,093 36.39 6,308 75,691 38.21 6,623 79,477 40.11 6,952 83,429 42.13 7,303 87,630 43.18 7,485 89,814 Lead Sewer Services
Technician 534 34.63 6,003 72,030 36.97 6,408 76,898 39.27 6,807 81,682 41.54 7,200 86,403 43.89 7,608 91,291 46.17 8,003 96,034 47.32 8,202 98,426 Lead Signs &
Markings Technician 531 33.02 5,724 68,682 34.66 6,008 72,093 36.39 6,308 75,691 38.21 6,623 79,477 40.11 6,952 83,429 42.13 7,303 87,630 43.18 7,485 89,814 Lead Water Services
Technician 534 34.63 6,003 72,030 36.97 6,408 76,898 39.27 6,807 81,682 41.54 7,200 86,403 43.89 7,608 91,291 46.17 8,003 96,034 47.32 8,202 98,426 Maintenance Helper 508 19.43 3,368 40,414 20.35 3,527 42,328 21.29 3,690 44,283 22.29 3,864 46,363 23.37 4,051 48,610 24.47 4,242 50,898 25.08 4,347 52,166 Maintenance Worker 522 26.95 4,671 56,056 28.26 4,898 58,781 29.60 5,131 61,568 31.03 5,379 64,542 32.51 5,635 67,621 34.09 5,909 70,907 34.94 6,056 72,675 Sewer Services
Technician 522 26.95 4,671 56,056 28.26 4,898 58,781 29.60 5,131 61,568 31.03 5,379 64,542 32.51 5,635 67,621 34.09 5,909 70,907 34.94 6,056 72,675 Sr. Maintenance
Worker 526 29.67 5,143 61,714 31.07 5,386 64,626 32.58 5,647 67,766 34.16 5,921 71,053 35.81 6,207 74,485 37.54 6,507 78,083 38.48 6,670 80,038 Sr. Sewer Services
Technician 526 29.67 5,143 61,714 31.07 5,386 64,626 32.58 5,647 67,766 34.16 5,921 71,053 35.81 6,207 74,485 37.54 6,507 78,083 38.48 6,670 80,038 Sr. Traffic Painter 526 29.67 5,143 61,714 31.07 5,386 64,626 32.58 5,647 67,766 34.16 5,921 71,053 35.81 6,207 74,485 37.54 6,507 78,083 38.48 6,670 80,038 Sr. Water Services
Technician 526 29.67 5,143 61,714 31.07 5,386 64,626 32.58 5,647 67,766 34.16 5,921 71,053 35.81 6,207 74,485 37.54 6,507 78,083 38.48 6,670 80,038 Water Services
Technician 522 26.95 4,671 56,056 28.26 4,898 58,781 29.60 5,131 61,568 31.03 5,379 64,542 32.51 5,635 67,621 34.09 5,909 70,907 34.94 6,056 72,675 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion.

B.P.C.E.A. M.O.U.

EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 4, 2026

BUENA PARK CITY EMPLOYEES ASSOCIATION

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann.

Driver/Scheduler 521 27.63 4,789 57,470 28.96 5,020 60,237 30.36 5,262 63,149 31.79 5,510 66,123 33.33 5,777 69,326 34.98 6,063 72,758 35.85 6,214 74,568 Facilities
Maintenance
Technician 526 31.15 5,399 64,792 32.62 5,654 67,850 34.21 5,930 71,157 35.87 6,218 74,610 37.60 6,517 78,208 39.42 6,833 81,994 40.4 7,003 84,032 Facilities
Maintenance Worker 522 28.30 4,905 58,864 29.67 5,143 61,714 31.08 5,387 64,646 32.58 5,647 67,766 34.14 5,918 71,011 35.79 6,204 74,443 36.69 6,360 76,315 Fleet Mechanic 529 33.44 5,796 69,555 35.04 6,074 72,883 36.74 6,368 76,419 38.51 6,675 80,101 40.36 6,996 83,949 42.34 7,339 88,067 43.4 7,523 90,272 Lead Facilities
Maintenance
Technician 531 34.67 6,010 72,114 36.39 6,308 75,691 38.21 6,623 79,477 40.12 6,954 83,450 42.12 7,301 87,610 44.24 7,668 92,019 45.34 7,859 94,307 Lead Fleet Mechanic 533 36.75 6,370 76,440 38.57 6,686 80,226 40.40 7,003 84,032 42.36 7,342 88,109 44.39 7,694 92,331 46.57 8,072 96,866 47.73 8,273 99,278 Lead Maintenance
Worker 531 34.67 6,010 72,114 36.39 6,308 75,691 38.21 6,623 79,477 40.12 6,954 83,450 42.12 7,301 87,610 44.24 7,668 92,019 45.34 7,859 94,307 Lead Sewer Services
Technician 534 36.36 6,302 75,629 38.82 6,729 80,746 41.23 7,147 85,758 43.62 7,561 90,730 46.08 7,987 95,846 48.48 8,403 100,838 49.69 8,613 103,355 Lead Signs &
Markings Technician 531 34.67 6,010 72,114 36.39 6,308 75,691 38.21 6,623 79,477 40.12 6,954 83,450 42.12 7,301 87,610 44.24 7,668 92,019 45.34 7,859 94,307 Lead Water Services
Technician 534 36.36 6,302 75,629 38.82 6,729 80,746 41.23 7,147 85,758 43.62 7,561 90,730 46.08 7,987 95,846 48.48 8,403 100,838 49.69 8,613 103,355 Maintenance Helper 508 20.40 3,536 42,432 21.37 3,704 44,450 22.35 3,874 46,488 23.40 4,056 48,672 24.54 4,254 51,043 25.69 4,453 53,435 26.33 4,564 54,766 Maintenance Worker 522 28.30 4,905 58,864 29.67 5,143 61,714 31.08 5,387 64,646 32.58 5,647 67,766 34.14 5,918 71,011 35.79 6,204 74,443 36.69 6,360 76,315 Sewer Services
Technician 522 28.30 4,905 58,864 29.67 5,143 61,714 31.08 5,387 64,646 32.58 5,647 67,766 34.14 5,918 71,011 35.79 6,204 74,443 36.69 6,360 76,315 Sr. Maintenance
Worker 526 31.15 5,399 64,792 32.62 5,654 67,850 34.21 5,930 71,157 35.87 6,218 74,610 37.60 6,517 78,208 39.42 6,833 81,994 40.4 7,003 84,032 Sr. Sewer Services
Technician 526 31.15 5,399 64,792 32.62 5,654 67,850 34.21 5,930 71,157 35.87 6,218 74,610 37.60 6,517 78,208 39.42 6,833 81,994 40.4 7,003 84,032 Sr. Traffic Painter 526 31.15 5,399 64,792 32.62 5,654 67,850 34.21 5,930 71,157 35.87 6,218 74,610 37.60 6,517 78,208 39.42 6,833 81,994 40.4 7,003 84,032 Sr. Water Services
Technician 526 31.15 5,399 64,792 32.62 5,654 67,850 34.21 5,930 71,157 35.87 6,218 74,610 37.60 6,517 78,208 39.42 6,833 81,994 40.4 7,003 84,032 Water Services
Technician 522 28.30 4,905 58,864 29.67 5,143 61,714 31.08 5,387 64,646 32.58 5,647 67,766 34.14 5,918 71,011 35.79 6,204 74,443 36.69 6,360 76,315 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion.

B.P.C.E.A. M.O.U.

EXHIBIT B – COMPENSATION PLAN

A. PURPOSE. The purpose of this Plan is to establish a Merit system of compensation for all general employees represented by BPCEA in all classes of work, based upon performance and productivity, with due consideration for all qualities of service and contribution to the City.

B. SALARY RANGES AND SALARY RATES . The establishment of sala ry ranges and salary rates and the allocation of classes thereto shall be by Resolution of the City Council. The type of appointment shall determine whether an employee’s salary rate shall be on a biweekly or hourly basis.

1. Full-Time, Probationary, Provisi onal, Temporary and Acting Appointments. An employee having a provisional, temporary, probationary, or acting appointment that is on a full-time basis, shall be compensated at a biweekly rate.

2. Other Appointments. An employee having any other type of appo intment shall be compensated at an hourly rate.

C. RESPONSIBILITIES OF CITY MANAGER . Employees shall be paid at biweekly or hourly rates as determined by the City Manager, subject to the provisions of this Resolution.

At least annually the City Manager shal l review the existing Compensation Plan and recommend to the City Council a salary range and salary rates for each class for which the City Manager is appointing authority. In determining salary range and salary rates, consideration shall be given to both base pay, fringe benefits, and working conditions.

D. COMPENSATION PROCEDURES.

1. Entry Level Salary Rates.

a. In General. Except as otherwise provided herein, all new employees shall be appointed at Step 1 of the salary range in effect for the class in which the appointment is made.

b. Exceptions. The City Manager may authorize such new appointments at a salary rate up to Step 7, when it is determined that equity among employees and the interests of the City will best be served.

c. Temporary Appointees. Persons e mployed or re -employed for part -time, temporary, or seasonal service may, upon written recommendation of the Department Head and approval of the City Manager, be compensated at any rate established for the class.

B.P.C.E.A. M.O.U.

d. Acting Appointments. Acting appointments may carry additional compensation if recommended by the Department Head and approved by the City Manager , or when the City Manager determines that equity among employees and the interests of the City will best be served.

2. Step Increases Within The Range. All salary increases within the range shall be made in five percent increments whenever possible.

a. Step 1 is the minimum rate and is normally the hiring rate for the class.

b. Employees are eligible to progress throu gh the second and third steps, any time after completion of six months of service at the preceding step. These salary increases are awarded in recognition of good performance and as an incentive for continued work improvement. These increases shall be made only if recommended by the Department Head and approved by the City Manager.

c. Employees are eligible for additional salary in creases to the fourth, fifth, sixth or seventh steps, any time after completion of one year of service at the preceding step on their salary anniversary date. These increa ses shall be made only if recommended by the Department Head and approved by the City Manager and are awarded in recognition of good performance and as an incentive for continued work improvement.

E. COMPENSATION UPON PROMOTION.

1. Every promotion from one cla ss to a higher class shall carry a minimum salary increase of five percent. In the event a promotion is made within six months of the employee’s salary anniversary date, the placement on the new range shall be to the step of the new range which shall be 7 -1/2 percent, or 10 percent over the current rate.

2. The probation and salary procedures for the position shall follow those prescribed in the various applicable paragraphs of Section D.

3. If the promotion is to a position (class) assigned to a Salary Schedule other than the General Employees (CEA) Salary Schedule, the probation and salary procedures shall follow those prescribed in the various applicable paragraphs of the Resolution for the appropriate Salary Schedule.

F. COMPENSATION ON DEMOTION.

1. Involuntary Demotion. An employee who is involuntarily demoted shall be reduced in salary to the nearest lowest salary rate of the class of position to which demoted. The employee shall not be required to serve a probation period in the lower position unless specifically determined by the City Manager.

B.P.C.E.A. M.O.U.

2. Voluntary Demotion. An employee who is demoted at his/her own request shall retain current salary rate if such rate is within the salary range of the lower classification. If salary rate prior to the demotion was hig her than the maximum salary of the lower position, the employee shall receive the latter. The employee shall not be required to serve a probation period in the lower position unless specifically determined by the City Manager.

G. FAILURE TO COMPLETE PROBATI ON PERIOD. The compensation of an employee who is rejected during a probation period in a classification and who is assigned to a classification having a lower salary range shall be as follows:

1. If the employee had previously completed a probation period in a lower classification, the employee shall not be required to serve another one; the employee’s last salary rate in the lower position shall be the new salary rate upon reassignment to that position, and eligibility shall be earned to receive subsequent merit salary advancements in accordance with appropriate paragraphs in Section D.

2. If the employee had not previously completed a probation period in a lower classification, the effective date of reassignment to that class shall be the new probationary ann iversary date, and the employee shall be required to serve a probation period.

H. COMPENSATION ON POSITION RECLASSIFICATION. The salary of an employee in a position that is reclassified shall be determined as follows:

1. Class with Same Salary Range. If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate and the salary review date of the employee shall not be changed. This provision shall also apply to a change of class title provided there is no change in the basic duties of the position.

2. Class with Higher Salary Range. If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appo inted to the reclassified position, the salary of the employee shall be governed by the Section on Compensation Upon Promotion.

3. Class with Lower Salary Range. If the position is reclassified to a class with a lower salary range than the previous class, a nd if the incumbent is appointed to the reclassified position, the employee’s salary shall not change, and the employee shall not be required to serve a new probation period.

I. COMPENSATION ON TRANSFER . The salary rate and salary review date of an employee who is transferred in class shall not change.

J. COMPENSATION FOR PORTION OF PAY PERIOD . A regular or probationary appointee serving on a full -time basis who works less than a full biweekly pay period B.P.C.E.A. M.O.U.

except when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee’s hourly rate. The number of hours worked in such pay period shall include paid holidays.

K. CHANGES IN CLASS SALARY RANGE. If a class is allocated to a different salary range, an employee in a position in that class shall be compensated at the same lettered step in the new range as the employee was receiving in the previous range, and the employee’s salary review date shall not change.

L. COMPENSATION FOR ACTING APPOINTMENTS. Subject to the following conditions, an employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which the employee is normally assigned shall receive th e entry level salary rate of the higher salary range or the rate five percent higher than the rate the employee normally recei ves, whichever is greater, for all such hours assigned.

1. The employee must perform all the duties and assume all the responsibilit ies of the higher class.

2. Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent lasting longer than 30 days or the temporary fillin g of newly budgeted positions, where the needs of the City require that the position be filled.

3. Acting appointments shall not receive merit increases and shall not be permitted for a period in excess of six continuous months, except in the manner provided in Section

2.20.080 of the Buena Park City Code.

4. The City Manager must approve all such appointments upon findings meeting the criteria set forth in this paragraph.

M. CHANGES IN SALARY ANNIVERSARY DATE . The granting of any leave of absence without pay exc eeding 30 calendar days shall result in a new salary anniversary date plus the number of calendar days of the employee’s leave in excess of 30 calendar days.

N. PROBATIONARY APPOINTMENT FOLLOWING PROVISIONAL APPOINTMENT .

Notwithstanding the other provisions of this Resolution, a provisional appointee in a class who, without a break in service, receives a probationary appointment to a position in the same class shall be eligible for consideration for a salary advance after six months of satisfactory service, including provisional service, as evidenced in writing by the Department Head and approved by the City Manager, and shall accrue leave benefits from the date of the provisional appointment.

The employee’s probation period shall commence with the date of p rovisional appointment. Satisfactory completion of such probation period shall be on written recommendation of the Department Head and approval of the City Manager.

B.P.C.E.A. M.O.U.

The salary advance provision of this section shall not apply when a provisional appointee in a class receives, without a break in continuous City service, a probationary appointment to a position in a different class having a higher salary range. The salary review date of such appointee shall be the date of the probationary appointment

O. CONSIDERATION OF EMPLOYEE REQUESTS. Any employee shall have the right to consideration by the City Manager of any request with respect to a claimed inequity resulting from the strict application of any of the sections contained herein. The employee shall submit to the Department Head a written statement of the claimed inequity and the employee’s request. The Department Head shall promptly forward the statement, the employee’s request, and a written recommendation to the City Manager.

P. CONTINUITY OF SERVICE REQUI REMENTS. Continuous service, as required for advancement within salary ranges and for other purposes specified in this Resolution, is defined as City Employment on a probationary, regular, or acting appointment basis without break or interruption.

Q. AVOIDANCE OF INEQUITIES. The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Resolution.

R. ADMINISTRATIVE REGULATIONS . The City Manager is authorized to issue wr itten administrative personnel regulations designed to augment or clarify the provisions of this Resolution. Prior to issuance, such regulations shall be referred to the City Attorney as to their conformance with this Resolution, and to the appropriate ba rgaining unit representative(s), if such regulations would modify the wages, hours or terms and conditions of employment. At least annually such regulations shall be considered for possible incorporation in a revision of this Resolution.

B.P.C.E.A. M.O.U.

EXHIBIT C – HIRING OF EMPLOYEE RELATIVES

The hiring of relatives of City employees is based upon the following criteria:

A “relative” is defined as a spouse, child, step-child parent, step-parent, parent-in-law, legal guardian, brother, sister, brother-in-law, sister-in-law, step-brother, step-sister, aunt, uncle, niece, nephew, grandchild, grandparent, regardless of their place of residence, or any other individual related by blood or marriage living within the same household as the City employee.

An “employee” is defined as any person who receives a City payroll check for services, full or part-time rendered to the City of Buena Park.

The employment of relatives of City employees within the City of Buena Park is limited to the following situations: Any relative of a Council Member, the City Manager, or employees of the Human Resources Department shall not be considered for employment within the City of Buena Park in any capacity, either full-time or part-time.

Any relative of a City-appointed commissioner, board or committee member, or department manager, may not be considered for employment within the department or area of responsibility o f such City -appointed commissioner, board or committee member o r department manager. The employment of relatives of all other City employees is prohibited within the department of the existing employee when such related employee may: perform joint duties; share responsibility or authority; report to the same immediate supervisor; or be supervised by or would supervise a relative.

Relatives of City employees, except for relatives of Council Members, the City Manager, Human Resources staff, City-appointed commissioners, board or department managers may be hired for seasonal assignments. However, such employment shall not exceed twenty percent (20%) of the compliment of seasonal employees in that classification and shall be selected only by an open recruitment process.

City employees who are related as described above, shall not be affected in their current job status except when the Cit y Manager determines that the circumstances of such employment raises an undue hardship upon the other employees within the particular work unit and that such employment is detrimental to the supervision, safety, security or morale of the particular work unit.

If two existing City employees become married and their employment conflicts with the policy stated above, they may continue employment provided that such employment does not directly or indirectly place an undue hardship upon other employees within the particular work unit of the married couple and such employment is not detrimental to the supervision, safety, security or morale of the particular work unit. The City manager shall determine whether or not such detriment or undue hardship exists.

B.P.C.E.A. M.O.U.

The City Manager is authorized to issue written guidelines to implement and enforce this policy. All determinations made by the City Manager shall be final and conclusive and not subject to Section 2 -136 of the Administrative Section of the City Code. In all s ituations where the City Manager determines a conflict to exist between existing or future related employees, the City Manager shall attempt to resolve such conflict in the following manner:

Attempt to redefine the job responsibilities of the related empl oyees within the department to minimize the conflict.

If such redefinition of job status is not feasible, attempt to transfer one of the employees to a similar position (without guarantee of identical salary) that would not be in violation of this policy.

If transfer is not feasible or acceptable, request the voluntary resignation of one of the employees.

If one of the employees does not voluntarily resign, the employee with the least employment experience in the City of Buena Park may be discharged by the City Manager.

B.P.C.E.A. M.O.U.

EXHIBIT D – HARASSMENT IN EMPLOYMENT POLICY

I. PURPOSE OF POLICY

A. To define and issue to all employees the City’s policy on the prohibition and prevention of harassment, discrimination, retaliation and bullying in the workplace.

B. To fully inform all employees of their right to have a safe work environment and be free of unlawful harassment, discrimination, retaliation, and bullying in the workplace.

C. To fully inform all employees that the City of Buena Park does not and will not tolerate any conduct that is believed to violate this Policy in the workplace.

D. To inform all employees of their rights if they believe that they are or have been the victim of harassment, discrimination, retaliation, and bullying.

E. To provide a means for the prompt r eporting and full and effective investigation of harassment, discrimination, retaliation, and bullying complaints and to provide for effective remedial action against the harasser and for the victim.

II. STATEMENT OF POLICY

It is the policy of the City that it will not tolerate verbal or physical conduct by any employee which harasses, discriminates, retaliates, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment. In addition to prohibiti ng all forms of harassment, discrimination and retaliation, the City also prohibits any form of “intimidation or bullying” in the workplace or elsewhere, such as at offsite events.

Harassment or discrimination against an applicant, unpaid intern, volunteer, or employee by a supervisor, management employee, elected or appointed official, co -worker, member of the public, or contractor on the basis of race, religion , color, sex (including gender, gender identity, gender expression, transgender, pregnancy, a nd breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), military or vetera n status, or any other protected classification as defined below is prohibited and will not be tolerated.

This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layo ff, recall, transfer, leave of absence, compensation, and training.

Harassment violates Title VII of the Civil Rights Act of 1974, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission.

B.P.C.E.A. M.O.U.

All employees will be expected to comply with this Policy and take appropriate measures to ensure that such conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates t his Policy against harassment, discrimination, retaliation, and bullying in the workplace. Based on the seriousness of the offense, disciplinary action will be taken up to and including termination.

When a violation of this Policy is reported, an investi gation shall be conducted to determine if there was knowledge, or should have been knowledge, on the part of any supervisor, and whether any supervisor had failed to take immediate and appropriate corrective action.

Negligent supervision, tacit approval b y “turning a blind eye”, treating the situation as a joke, failure to take action, or concealing a situation will subject the supervisor involved to disciplinary action.

Disciplinary action or other appropriate sanction up to and including termination wil l be instituted for prohibited behavior as defined below.

Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.

III. DEFINITION OF HARASSMENT

A. Protected Classifications: This policy prohibits harassment or discrimination because of an individual’s protected classification. “Protec ted Classification” includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), and military or veteran status.

B. Policy Coverage: This Policy prohibits the employer, elected or appointed officials, officers, employees, or contractors from harassing or discriminating against applicants, officers, officials, employees, unpaid interns, volunteers, or contractors because of: 1) an individual’s protected classification; 2) the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.

C. Discrimination: This policy prohibits treating individuals differently because of the individual’s protected classification as defined in this Policy.

D. Harassment may include, but is not limited to, the following types of behavior that is taken because of a person’s protected classification. Note that harassment is not limited to conduct that city employees take. Under certain circum stances, B.P.C.E.A. M.O.U.

harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:

1. Verbal Harassment – For example, epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes.

2. Physical Harassment – For example, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement.

This includes pinching, grabbing, patting, proposition, leering, or making explicit or implied job threats or promises in return for submission to physical acts.

3. Visual Forms of Harassment – For example, derogatory posters, notices, bulletins, cartoons, emails, pictures or drawings related to a protected classification.

4. Sexual Harassment – Unwelcome sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:

1. Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification and which is taken because of the recipient’s protected classification.

2. It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.

3. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.

4. Even visual, verbal, or physical conduct between two individuals who appear to welcome the conduct can constitute harassment of a third individual who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.

B.P.C.E.A. M.O.U.

5. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).

F. Retaliation: Any adverse conduct taken because an applicant, employee or contractor has reported harassment, discrimination, or bullying or has participated in the complaint and investigation process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking sides because an individual has reported harassment, discrimination, or bullying, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment, discrimination, or bullying, or real or implied th reats of intimidation to prevent an individual from reporting harassment, discrimination, or bullying. The following individuals are protected from retaliation: those who make good faith reports of harassment, discrimination, or bullying, those who associ ate with an individual who is involved in reporting harassment, discrimination, or bullying, and those who participate in the complaint or investigation process.

IV. DEFINITION OF BULLYING

A. All employees, consultants, independent contractors, and visitors h ave the right to be treated with respect. Bullying is the use of aggression with the intention of harming another individual. It can include any intentional written, visual, verbal, or physical act when the act physically harms the individual or damages his or her property; has the effect of interfering with an employee’s ability to work; is severe or pervasive; and creates an intimidating or threatening environment.

B. Bullying comes in many shapes and sizes and can take many forms including, but not limit ed to, excluding, tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching, unwanted physical contact, or any use of violence; graffiti; name calling, sarcasm, spreading rumors, and teasing. Such conduct can also occu r via use of electronic or telephonic communications such as the internet, email and chat room misuse, mobile threats by text messaging, or calls or misuse of cameras and video equipment. Under certain circumstances, bullying can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public.

V. DEFINITION OF EMPLOYEE

For the purposes of this policy, an employee shall be defined as any indiv idual, regardless of classification, employed by the City of Buena Park, or job applicants, unpaid interns, volunteers, or contractors working under the supervision of the City, vendors and contract employees.

B.P.C.E.A. M.O.U.

VI. COMPLAINT PROCEDURE

A. Any employee, job applicant, unpaid intern, volunteer, or contractor who believes he or she has been the subject of harassment or any form of bullying should report the alleged act immediately verbally or in writing with any of the following. There is no need to follow the chain of command:

1. Immediate supervisor;

2. Any supervisor or manager within or outside of the department;

3. Department Head; or

4. Director of Human Resources.

B. The limitation on reporting alleged acts of harassment, discrimination, retaliation, and bullying must be within twelve months of the incident or incidents.

C. If a complaint involves a supervisor or manager, the complaint shall be filed directly with the department head or Director of Human Resources.

D. Any supervisor or department head who receives a harassment, discrimination, retaliation, or bullying complaint is to immediately notify the Director of Human Resources.

E. Upon notification of a harassment, discrimination, retaliation or bullying complaint, the Director of Human Resources will:

1. Inform the complainant of his or her right to initiate the complaint.

2. Authorize the investigation of the complaint and supervise a fair and thorough investigation of the complaint by impartial and qualified personnel and/or investigate the complaint.

3. Investigation of a complaint will include interviewing the complainant, accused harasser and any named or apparent witness. Employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation.

4. All complaints will be handled in a timely and confidential manner. In no event will information be released to anyone who is not involved with the investigation; nor will anyone involved be permitted to discuss the subject outside the investigation.

5. Review factual information gathered through the investigation to reach a reasonable conclusion to determine whether the alleged conduct constitutes harassment, discrimination, retaliation, or bullying giving consideration to all factual information, the totality of the circumstances, including the nature of B.P.C.E.A. M.O.U.

the verbal, physical, visual or sexual favor aspect of the advance, and the context in which the alleged incidents occurred.

6. Timely report a summary of the results of the investigation and the determination as to whether harassment, discrimination, retaliation or bullying occurred to the appropriate person including complainant, alleged harasser, supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant.

7. If conduct in violation of this Policy occurred, take and/or recommend to the department head prompt and effective remedial action against the harasser.

The remedial action will be commensurate with the severity of the offense.

Notify the victim that necessary steps of corrective action have been taken to resolve the problem.

8. Reasonable steps will be taken to protect the victim and other potential victims from further harassment, discrimination, retaliation, or bullying.

9. Reasonable steps will be taken to protect the victim from any retaliation as a result of communicating the complaint.

F. The city takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, retaliation or bullying may be occurring, regardless of whether the recipient or third party reports a potential violation.

G. Option to report to outside administrative agencies: An individual has the option t o report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal and a complaint process. The near est offices and telephone numbers are listed on the posters that are located on City bulletin boards at the following locations:

 Human Resources Office
 Community Center
 Police Department
 City Yard
 Ehlers Event Center
 California Welcome Center

VII. CONFIDENTIALITY

Every possible effort will be made to assure the confidentiality of complaints made under this Policy. However, complete confidentiality cannot occur due to the need to fully investigate and the duty to take effective remedial action. As a resul t, confidentiality will be maintained to the extent possible. An individual who is B.P.C.E.A. M.O.U.

interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.

VIII. RESPONSIBILITIES

Elected Officials, Appointed Officials, Managers, and Supervisors are responsible for:

1. Modeling appropriate and respectful behavior.

2. Informing employees, volunteers, and contractors of this Policy.

3. Taking all steps necessary to prevent harassment, discrimination, retaliation or bullying from occurring.

4. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.

5. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language and behavior.

6. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.

7. Informing those who complain of harassment, discrimination, retaliation or bullying of his or her option to contact the EEOC or DFEH regarding all eged Policy violations.

8. Assisting, advising, or consulting with employees and the Director of Human Resources regarding this Policy and Complaint Procedure.

9. Assisting in the investigation of complaints involving employee(s) in their departments and, if t he complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with the City’s Personnel Rules and Regulations, up to and including termination.

10. Implementing appropriate disciplinary and remedial actions.

11. Reporting potential violations of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the Director of Human Resources or the department head.

12. Participating in periodic training and scheduling employees for training.

Each employee or contractor is responsible for:

B.P.C.E.A. M.O.U.

1. Modeling appropriate and respectful behavior.

2. Treating all employees, volunteers, and contractors with respect and consideration.

3. Participating in periodic training.

4. Fully cooperating with the Cit y’s investigations by responding fully and truthfully to all questions posed during the investigation.

5. Maintaining the confidentiality of any investigation that the City conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or Director of Human Resources.

6. Reporting any act he or she believes in good faith constitutes, harassment, discrimination, retaliation or bullying as defined in this Policy, to his or her immediate supervisor, or department head, or Director of Human Resources.

IX. MANDATORY TRAINING

As part of its commitment to ensuring a work environment free from bullying, harassment, and discrimination, the City requires that all of its supervisors and elected officials receive training on this Policy at least once every two years. Human Resources will schedule multiple training sessions in the Spring biennially to ensure that employees and elected officials are able to attend the mandatory training.

Attendance at the training will be documented.

X. DISSEMINATION OF POLICY

All Elected Officials and City employees, supervisors and managers shall receive a copy of this Policy. All management personnel will be informed of their responsibilities in enforcing this policy. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy.

This Policy shall be posted in appropriate places.

B.P.C.E.A. M.O.U.

EXHIBIT E – ADVISORY ARBITRATION

With respect to the bargaining members in this unit, City Council Resolution 1883, Personnel Rules and Regulations, Rule XVI, Section 2 and Section 5 shall be amended as follows:

Section 2: Disciplinary Procedures

(h) Appeal to City Manager : The employee , upon receipt of notice of the imposition of disciplinary action against him, shall have the right to appeal the Department Head’s decision in writing to the City Manager, except that an oral or written reprimand may not be so appealed. Said appeal shall be delivered to the City Manager within ten (10) business days of the employee’s receipt of notice of the imposition of discipline.

Otherwise, the Department Head’s action shall be final and binding.

(i) Should the employee desire to appeal the Departme nt Head’s decision directly to advisory arbitration rather than having the matter reviewed by the City manager, he may do so by filing with the Human Resources Director within ten (10) business days of his receipt of the notice of imposition of discipline by the Department Head, a written appeal to the City Council. Said written appeal shall be in form and content as required by these rules and, in addition, shall state that the employee knowingly and intentionally waives his opportunity to have the action of the Department Head first reviewed by the City manager. In such a situation, the provisions of subparagraphs (h) and (i) of this Section 2 shall be deemed inapplicable to the subject proceeding.

…

(j) Advisory Arbitration : The employee, upon receipt of notice of the affirmation of disciplinary action against him by the City Manager, whether by way of total affirmation or modification of the Department Head’s action, shall have the right to appeal the City Manager’s decision in an advisory arbitration; except that an oral or written reprimand as provided by these Rules may not be so appealed. Said appeal shall be delivered to the Human Resources Director within ten (10) business days of the employee’s receipt of notice of the City Manager’s action. O therwise, the City Manager’s action shall be final and binding. The advisory arbitration shall be conducted in accordance with the provisions of Section 5 of this Rule XVI.

Section 5: Advisory Arbitration

(a) Any regular employee shall have the right to appeal a decision by the City Manager involving dismissal, demotion, reduction in pay or suspension, or of a Department Head, if City Manager review is waived by the employee, provided, however that only one (1) advisory arbitration hearing shall be allowed as to any one (1) disciplinary action.

(b) The employee’s appeal shall be heard in an advisory arbitration by an impartial hearing officer selected from a list of advisory arbitrators from the California State Mediation and Conciliation Service (SMCS). The City will pay SMCS’s fee for providing the list.

B.P.C.E.A. M.O.U.

(c) The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney.

(d) The hearing officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party.

(e) If both parties request that the hearing be recorded by a certified shorthand reporter, then the expenses for such recording services shall be borne equally by the City and the employee. If only one party requests that the hearing be recorded by a certified shorthand reporter, then that party alone will bear the expenses. Each party shall be responsible for any specialized or extraordinary services they might individually request.

(f) The expenses for the hearing officer shall be borne equally by the City and the Association, and each party shall be responsible for expenses they incur. The maximum expense for the hearing officer borne by the Association is $2,000.

(g) At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.

(h) Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross -examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party called him/her to testify, and to rebut the evidence against him/her.

(i) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any dire ct evidence. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

(j) After the close of the hearing, the hearing officer shall prepare a written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Council and the employee within thirty (30) calendar days, or a longe r period of time as stipulated by the parties. In rendering an award, the hearing officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same.

B.P.C.E.A. M.O.U.

(k) The City Council shall review the hearing officer’s recommendation, but shall not be bound thereby. The City Council shall adopt, amend, modify or reject the recommended findings, conclusions and/or opinion of the hearing officer. Prior to making a decision which adopts the hearing officer’s recommendation, the City Council may order and read the transcript, at the Council ’s discretion. Prior to making a decision which modifies or rejects the hearing officer’s recommendation, the City Council shall order and read the transcript of the Board hearing.

(l) The City Council shall not conduct a de novo hearing. The City Council may, at its sole option, allow limited oral arguments from either party before making a decision.

(m) The decision of the City Council shall be final and binding, subject only to review by the courts under California Code of Civil Procedure section 1094.5.

(n) The City staff shall notify the appellant in writing, within five working days of the City Council’s decision. Such notice shall indicate the effective date of the action to be taken.

July 8, 2025

NEW BUSINESS
Item No. 5D.

City Council Agenda Report

RESOLUTION AMENDING AND RESTATING AN ADOPTED MEMORANDUM OF UNDERSTANDINGBETWEEN THE CITY OF BUENA PARK AND THE BUENA PARK TECHNICAL, OFFICE ANDPROFESSIONALS ASSOCIATION (TOPS) IMPLEMENTING A PARITY CLAUSE PROVISION

PREPARED BY PRESENTED BY
Rebecca Valdez, Human Resources Manager Eddie Fenton, Assistant City Manager/Director of Human Resources

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution amending and restating a successor Memorandum of Understanding (MOU) between the City of Buena Park and the Buena Park Technical, Office and Professionals Association (TOPs) implementing the recently adopted parity clause provision of the agreement; and 2) Approve a budget amendment in the amount of $120,000 from the undesignated General Fund balance for this purpose.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION

BACKGROUND
The City of Buena Park has a collective bargaining agreement with the Technical, Office, and Professionals Association (TOPs), effective July 5, 2025, through July 2, 2027. This agreement includes a parity clause, which states that if during the effective period of this agreement, the City Employees’ Association receives a salary adjustment increase in a greater amount than the terms included in this agreement, the employees in this unit shall receive the same salary adjustment increase at the same time.

Recently, the City reached an agreement with the City Employees’ Association, effective July 5, 2025, through July 2, 2027. This agreement included a market adjustment increase, which triggered the parity clause in the TOPs MOU.

DISCUSSION
As provided by the parity clause, the City and the TOPs representatives met to discuss the necessary adjustments.

The attached MOU details the agreement, which is summarized below:

1. BASE PAY SCHEDULE
In an effort to address the recruitment and retention of hard-to-fill classifications:

All classifications in Exhibit A – Salary Schedule shall add a new Step 7 that is 2.5% above the current Step 6 within the pay schedule effective July 5, 2025.

The amended and restated MOU reflects the understanding between the City and TOPs Association. The MOU represents a good faith implementation of the agreed-upon provisions of the parity clause.

This document is presented to the City Council for review and approval as the final step in the labor negotiation process. It reflects the same language as presented to the City Council in properly-noticed closed sessions on labor negotiations, as allowed under the Brown Act.

BUDGET IMPACT
The total budget impact for the implementation of the parity clause over the next two fiscal years is estimated at $120,000. A budget amendment in the amount of $120,000 is required to fund the contract. These changes comply with the authorization provided by the City Council.

Attachments
Reso Amended and Restated MOU for TOPs 2025.07.08 Att1of3 Reso.pdf TOPs MOU 2025.07.08 Final.pdf
RESOLUTION NO. ______

A RESOLUTION TO AMEND AND RESTATE AN ADOPTED

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF BUENA PARK AND THE BUENA PARK

TECHNICAL, OFFICE, AND PROFESSIONALS
ASSOCIATION(TOPs) IMPLEMENTING A PARITY CLAUSE

PROVISION

WHEREAS, the negotiations between the representatives of the City of Buena Park (City) and the Technical, Office, and Professionals Association (TOPs) have resulted in a Memorandum of Understanding (MOU) effective July 5, 2025; and

WHEREAS, this collective bargaining agreement contains a parity clause that provides for the salary adjustment for employees represented by TOPs if the City Employees’ Association receive more favorable terms; and

WHEREAS, the City has recently finalized a Memorandum of Understanding (MOU) with the City Employees’ Association, which includes a market adjustment adding a new Step 7 that is 2.5% above the current Step 6 within the pay schedule effective July 5, 2025; and

WHEREAS, this market adjustment triggers the parity clause in the collective bargaining agreement between the City and TOPs; and

WHEREAS, the proposed amended and restated MOU has been presented to the City Council for review and approval;

NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine and order as follows:

Section 1: The Memorandum of Understanding between the City and the Buena Park Technical, Office, and Professionals Association dated June 25, 2024, is hereby repealed.

Section 2: Resolution No. 14991 is superseded. All conflicting Resolutions of the City are repealed.

Section 3: The Memorandum of Understanding between the City and the Buena Park Technical, Office, and Professionals Association effective July 5, 2025, and attached hereto is approved.

PASSED AND ADOPTED this 8th day of July 2025, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

RESOLUTION NO. _______

______________________________________
Mayor
ATTEST:

_______________________________
City Clerk

I, Adria Jimenez, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 8
th day of July 2025.

______________________________________
City Clerk

JULY 5, 2025 – JULY 2, 2027

BUENA PARK TECHNICAL,

OFFICE &

PROFESSIONALS

ASSOCIATION

MEMORANDUM OF

UNDERSTANDING

No. 25-27

ADOPTED JUNE 10, 2025 RESOLUTION NO. 14991
REVISED JULY 8, 2025 RESOLUTION NO. _____

MEMORANDUM OF UNDERSTANDING

BUENA PARK TECHNICAL, OFFICE AND

PROFESSIONALS ASSOCIATION

EMPLOYER – EMPLOYEE RELATIONS

PREAMBLE 1
ARTICLE 1 – TERM 1
ARTICLE 2 – REPRESENTATION AND RECOGNITION 1
ARTICLE 3 – MANAGEMENT RIGHTS 2
ARTICLE 4 – BOARD OF DIRECTORS’ MEETINGS 3
ARTICLE 5 – ADDITIONAL ITEMS 3

PAY

ARTICLE 6 – ASSIGNMENT OF CLASSES TO PAY RANGES 4
ARTICLE 7 – BASE PAY SCHEDULE 4
ARTICLE 8 – BILINGUAL PAY 4
ARTICLE 9 – LONGEVITY PAY 5
ARTICLE 10 – CERTIFICATE PAY 5
ARTICLE 11 – COMMERCIAL VEHICLE OPERATOR LICENSE 5
ARTICLE 12 – OVERTIME PAY 5
ARTICLE 13 – EDUCATION PROGRAM 10
ARTICLE 14 – SAFETY SHOES 11
ARTICLE 15 – UNIFORM ALLOWANCE 12
ARTICLE 16 – MILEAGE 12
ARTICLE 17 – CHILD CARE REIMBURSEMENT PROGRAM 12

RETIREMENT

ARTICLE 18 – PUBLIC EMPLOYEES’ RETIREMENT SYSTEM 13
ARTICLE 19 – SOCIAL SECURITY 14

INSURANCE

ARTICLE 20 – MEDICARE 15
ARTICLE 21 – MEDICAL INSURANCE 15
ARTICLE 22 – DENTAL INSURANCE 18
ARTICLE 23 – VISION INSURANCE 19
ARTICLE 24 – LONG TERM DISABILITY INSURANCE 19
ARTICLE 25 – LIFE INSURANCE 19

ARTICLE 26 – CAFETERIA PLAN 20
ARTICLE 27 – ADMINISTRATION 20

LEAVES

ARTICLE 28 – HOLIDAYS 21
ARTICLE 29 – VACATION LEAVE 22
ARTICLE 30 – SICK LEAVE 23
ARTICLE 31 – BEREAVEMENT LEAVE 26
ARTICLE 32 – WORKERS COMPENSATION 27
ARTICLE 33 – JURY DUTY 27
ARTICLE 34 – OTHER LEAVES 27

WORKING CONDITIONS

ARTICLE 35 – PAY PERIODS 29
ARTICLE 36 – ATTENDANCE 29
ARTICLE 37 – HOURS OF WORK AND SCHEDULES 29
ARTICLE 38 – 9/80 PLAN ALTERNATE WORK SCHEDULE 30
ARTICLE 39 – 4/10 PLAN ALTERNATE WORK SCHEDULE 33
ARTICLE 40 – SUBSTANCE ABUSE 37
ARTICLE 41 – EMERGENCY MEDICAL ATTENTION 37
ARTICLE 42 – GRIEVANCE PROCEDURE 38
ARTICLE 43 – ADVISORY ARBITRATION 39
ARTICLE 44 – PERFORMANCE EVALUATION 39

SIGNATURES 40

EXHIBITS

EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 5, 2025 41
EXHIBIT B – COMPENSATION PLAN 45
EXHIBIT C – HIRING OF EMPLOYEE RELATIVES 50
EXHIBIT D – HARASSMENT IN EMPLOYMENT POLICY 52
EXHIBIT E – ADVISORY ARBITRATION 60

T.O.P. M.O.U.

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF BUENA PARK
and

BUENA PARK TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION (TOPs)

EMPLOYER – EMPLOYEE RELATIONS

PREAMBLE

Pursuant to Government Code, Section 3500, et seq. representatives of the City of Buena Park Technical, Office and Professional s Association (hereinafter referred to as the Association) have met and conferred under the provisions of the Meyers -Millias-Brown Act (MMBA) with representatives of the City of Buena Park (hereinafter referred to as the City), and have reached an understanding and recommend that the Buena Park City Council adopt this Memorandum of Understanding (MOU).

ARTICLE 1 – TERM
The term of this Memorandum of Understanding shall be July 5, 2025, through midnight on July 2, 2027, unless otherwise specified in provisions hereinafter. Terms and conditions of employment already in effect on July 4, 2025, shall be considered minimums for the purpose of this agreement except as amended or repealed by specific provisions hereinafter.

ARTICLE 2 – REPRESENTATION AND RECOGNITION

A. The Association is the only employee organization entitled to meet-and-confer in good faith on matters within the scope of representation on behalf of employees in the Technical, Office and Professional s Unit, which shall consist solely of the classifications listed in Exhibit A.

B. All positions classified as “key personnel” should not be involved either directly or indirectly in matters within the scope of representation. “Key Personnel” shall not serve as an officer within the TOP s Association. For purposes of this Article, “key personnel” includes all classifications/positions assigned to the following departments:

City Manager’s Office
City Clerk’s Office
Human Resources Department

T.O.P. M.O.U.

ARTICLE 3 – MANAGEMENT RIGHTS

A. In order to ensure that the City is able to carry out its functions and responsibilities imposed by law, the City has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services .

Therefore the following matters will not be subject to the meet-and-confer process, but shall be within the exclusive discretion of the City:

1. To determine issues of public policy;

2. To determine the merits, necessity or organization of any service or activity conducted by the City;

3. To determine and change the facilities, methods, means and personnel by which City operations are to be conducted;

4. To expand or diminish services;

5. To determine and change the number of locations, relocations, and types of operations, and the processes and materials to be employed in carrying out all City functions, including, but not limited to, the right to subcontract any work or operation;

6. To determine the size and composition of the work force, to assign work to employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments, and to establish the days and hours when employees shall work;

7. To relieve employees from duty because of lack of work or other non- disciplinary reasons;

8. To discharge, suspend, or otherwise discipline employees for proper cause;

9. To determine job classifications;

10. To hire, transfer, promote, and demote employees for non-disciplinary reasons;

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

12. To establish employee performance standards, including, but not limited to, quality and quantity standards;

13. To maintain the efficiency of governmental operations;

14. To take any and all necessary actions to carry out its mission in emergencies; T.O.P. M.O.U.

15. To exercise complete control and discretion over its organization and the technology of performing its work services;

16. To establish reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services.

The City, in exercising these rights and functions, will not discriminate against any employee because of membership or non-membership in any employee organization.

B. All management rights, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City . N o third party neutral shall have the authority to diminish any of the management rights which are included in this Article.

C. Management will meet -and-confer prior to the implementation of any management rights which are normally considered matters concerning wages, hours, and other terms and conditions of employment under the provisions of the Meyers-Milias-Brown Act.

ARTICLE 4 – BOARD OF DIRECTORS’ MEETINGS

Each member of the Association Board of Directors shall receive up to one-and-one-half hours time off per month for Board meetings.

The City will allow the Association time to hold its General membership meetings during work hours twice in a calendar year.

On duty personnel attending such meetings shall be on an on- call status and shall respond to calls for service. At no time shall coverage be compromised. No overtime or compensatory time will be paid for the meeting. Each member and their respective supervisor within each department shall be responsible for maintaining a minimum level of coverage during the meetings.

Prior to scheduling and holding a general membership meeting during work hours, the Association shall request approval in writing to the Director of Human Resources or his/her designee within seven calendar days of such meeting to be held.

ARTICLE 5 – ADDITIONAL ITEMS

During the term of this Memorandum of Understanding, no additional items will be placed under discussion for purposes of meet -and-confer unless mutually agreed upon by both parties.

The parties shall cooperate to improve the format, clarity, and consistency of the Memorandum of Understanding.

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PAY

ARTICLE 6 – ASSIGNMENT OF CLASSES TO PAY RANGES

The schedule of base pay rates is contained in Exhibit A.

ARTICLE 7 – BASE PAY SCHEDULE

A. All classifications in Exhibit A – Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 5, 2025.

B. All classifications in Exhibit A – Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 4, 2026.

In an effort to address recruitment and retention of hard-to-fill classifications:

C. All classifications in Exhibit A – Salary Schedule shall add a new Step 7 that is 2.5% above the current Step 6 within the pay schedule effective July 5, 2025.

* Note: Employees at Step 6 for 12 months or more shall immediately progress to Step 7.

Other employees will move to Step 7 according to normal step progression and the annual performance evaluation process.

“Me Too” Clause: If during the effective period of this agreement, the City Employees Association receives a salary adjustment increase in a greater amount than the terms included in this agreement, the employees in this unit shall receive the same salary adjustment increase at the same time.

ARTICLE 8 – BILINGUAL PAY

Level I – Basic Bilingual Skills Pay – An employee shall receive an additional $50.00 per month if the following conditions are met:

A. The employee passes a qualifying examination administered by Human Resources.

B. The employee uses bilingual skills as required by the City.

Level II – Advanced Bilingual Skills Pay – With City Manager approval, an employee shall receive an additional $165.00 per month if the following conditions are met:

A. The employee passes an advanced- level interpretation skills -based examination administered by Human Resources to demonstrate competency in American Sign Language, Korean, or Spanish only.

B. The employee must be expected to translate and interpret a wide variety of difficult, T.O.P. M.O.U.

sensitive, and highly-complex written and spoken Citywide communications, including materials and matters of a highly sensitive or technical nature and with a high consequence of error in English and American Sign Language, Korean, or Spanish.

C. The employee may be expected to perform these services at City Council Meetings, Town Hall or Community Meetings, or with special dignitaries (i.e. Sister City program) as needed.

ARTICLE 9 – LONGEVITY PAY

The City agrees to implement a longevity pay program to be administered in the following manner:

A. An employee with 15-19 years or more of current continuous City service shall receive an additional two (2) percent base salary.

B. An employee with 20 years or more of current continuous City service shall receive an additional three (3) percent base salary.

ARTICLE 10 – CERTIFICATE PAY

A. Incumbents of the Water Quality Specialist and Water Loss Specialist classifications who possess a California State Health Department Water Distribution 3 Operator Certification shall receive an additional $100 per month.

B. Employees who possess a job-related certificate from a professional organization as determined by the Department Head and the Director of Human Resources shall receive an additional $50 per month.

No employee may receive more than one Certificate Pay benefit at a time.

ARTICLE 11 – COMMERCIAL VEHICLE OPERATOR LICENSE

In the best interest of the City, as determined by the Director of Human Resources, an employee who has a State of California commercial vehicle operator license shall receive an additional $75 per month for Class B and $150 per month for Class A licenses. Such employees are subject to the provisions of the City’s Drug and Alcohol policy, which includes, but is not limited to, post-accident testing, random testing, reasonable suspicion testing, and return-to-duty/follow-up testing.

ARTICLE 12 – OVERTIME PAY

A. OVERTIME PAY. An employee required to work in excess of 40 hours in a seven-day cycle shall receive pay at the rate of time and one-half his/her regular rate of pay. The

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regular rate of pay shall include the following components in addition to base pay.

• Shift Differential
• Educational Incentive
• Bilingual Pay
• Acting Pay
• Special Assignment Pay
• Longevity Pay
• Excess Medical
• Waiver of Medical Insurance

In determining an employee's eligibility for the overtime regular rate, paid and unpaid leaves of absences shall be excluded from the total hours worked. Paid leave of absence include, but are not limited to, the following:

• Vacation
• Holiday Leave
• Sick Leave
• Administrative Leave
• Compensatory Leave
• Workers' Compensation Leave
• Jury Duty
• Bereavement Leave
• Military Leave

For overtime not otherwise paid at the regular rate, it shall be paid at time and one- half of the hourly equivalent of the employee's base pay rate for all hours worked in excess of the employee's daily work schedule, or for all hours earned in excess of 40 hours per week. The term “earned” shall include hours for vacation, holiday, sick leave and jury duty.

There shall be no pyramiding of overtime. H ours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.

B. COMPENSATORY TIME.

1. Fair Labor Standards Act (FLSA). In lieu of receiving overtime pay pursuant to Paragraph A above, an employee may elect to receive compensatory time off on a time and one-half basis. The employee shall be allowed to “bank” compensatory time at a time and one -half basis. No employee shall accrue more than 60 hours of such compensatory time. (This 60 hour maximum bank is in conjunction with Section 2 below.) Should any employee exceed 60 hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate.

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An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.

2. Non-Fair Labor Standards Act (Non- FLSA). Overtime hours not otherwise subject to the FLSA regular rate of pay (after taking paid leave time exclusions into account) may be taken as compensatory time off . S uch hours shall be earned, banked, and taken off at the straight time rate. No employee shall accrue more than 60 hours of such compensatory time (t his 60 hour maximum bank is in conjunction with Section 1 above ). Should any employee exceed 60 hours of accrued compensatory time, he/she shall be paid at time and one-half his/her base rate.

C. AUTHORIZATION.

1. All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work . W here prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized.

2. An employee's failure to obtain prior approval may result in the denial of the overtime request.

3. The City may prescribe reasonable periods of overtime work to meet its operational needs.

D. CLOTHES CHANGING. Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. A n employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.

Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work.

Nothing herein prevents an employee from wearing his/her uniform while conducting personal business during lunch time.

Time spent in changing clothes before or after a shift, is not considered hours worked and is not compensable in any manner whatsoever.

E. TRAINING TIME. Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq.

Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq.

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When feasible, the City will adjust the employee's work schedule to minimize the impact of travel and training time.

F. CITY VEHICLE USE. An employee who is provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle.

This provision also applies in those situations where the radio must be left on and monitored.

G. CALL-BACK PAY. Call-back duty occurs when an employee is ordered to return to duty on a non- regularly scheduled work shift . Call-back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two hours work commencing when he/she leaves his/her residence and will terminate at the end of the two hour minimum, or if the call-back lasts longer than two hours the time he/she returns to his/her residence.

Any call-back lasting two hours or less shall result in a credit for two hours worked.

When added to the eight hour day or 40 hour work week an employee shall end up with a net result of three hours pay ( or three hours comp time at time and one-half).

Any call-back lasting more than two hours shall result in a credit for actual hours worked. When this credit is added to the eight hour day or 40 hour work week, the net result will be time and one-half the actual hours worked on the call-back.

Similar calculations as outlined above will be used when an employee is entitled to a four hour call -out because the call-back occurs on Sunday, a holiday, or between 12:01 a.m. and 5:00 a.m.

The above provision shall not result in a double payment for call-outs lasting less than two hours (or when applicable, four hours) . For instance, if an employee works one hour on a call-out, he/she shall be credited with two hours, resulting in three hours of pay or comp time after application of time and one- half. He/she shall not be entitled to the one hour at time and one-half plus the two hour minimum.

An employee who receives multiple calls within the allotted two hours minimum (or when applicable, four hour minimum) is not entitled to double- payment for call-backs even if the employee has returned to his/her residence. For example, if an employee receives a call -back that is completed and returns to his/her residence and then receives a second call -back within the original two hour minimum compensation window, the second call-back will result in a continuation of service commencing from the original call-back start time regardless if the call was similar or different than the original call-back.

This provision is to be distinguished from “Court Standby” pay in Section I which is to be used when an employee is called back to court.

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This provision replaces Section 2.0. (1)(a) of Resolution No. 8083.

H. COURT PAY. When an employee is physically called to court, while off duty, he/she shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two (2) hours for the court appearance.

Travel time shall be not considered hours worked and shall not be compensated in any manner whatsoever.

This provision replaces Section 2.G.(l)(b) of Resolution No. 8083.

I. COURT STANDBY. An employee may leave a telephone number where he/she may be reached while on court standby. Such time is not considered hours worked under the Fair Labor Standards Act and will not be compensated, except as set forth below.

In recognition of the City's established practices the City shall continue to compensate employees at the rate of two (2) hours of compensation for a.m. standby duty and two (2) hours of compensation for p.m. standby duty. This payment is being made pursuant to the MOU, not pursuant to FLSA. Time compensated in the above manner shall not constitute hours worked for purposes of FLSA

J. FAIR LABOR STANDARDS ACT (FLSA) EXEMPTIONS. Although the following classifications are part of the Association, they are designated as exempt employees as defined by the Fair Labor Standards Act (FLSA):

Classification Title

ACCOUNTANT

ASSISTANT ENGINEER

ASSISTANT PLANNER

ASSOCIATE PLANNER

COMMUNITY SERVICES COORDINATOR

HOMELESS OUTREACH COORDINATOR

HOUSING AND CDBG ANALYST

HUMAN RESOURCES ANALYST

MANAGEMENT ANALYST

SENIOR COMMUNITY SERVICES COORDINATOR

SENIOR PLANNER

As a result, FLSA exempt personnel are not eligible to accrue compensatory time or be paid overtime. Each employee shall receive 6 0 hours of administrative leave per fiscal year. Administrative leave must be taken by June 30 each year and no part of it may be carried over into the next fiscal year.

Additional time may be granted by the employee’s department head for time spent at required meetings and special events.

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The definition of meetings and special events includes:

• City job-related emergencies.
• City Council meetings.
• City Commission or Committee meetings, or
• Any meeting, conference, training, or professional development event approved in advance by the department head or his/her designee.

ARTICLE 13 – EDUCATION PROGRAM

A. REIMBURSEMENT.

An employee who is pre-approved by the department head to attend a specified, off- duty education course shall receive reimbursement for certain expenses.

An approved education course is defined as off -duty instruction that will be mutually and immediately beneficial to the employee and the City.

1. Prior to enrolling in the class, an employee desiring partial reimbursement for expenses shall acquire the department head's approval as to course content and its relationship to the employee's City employment. On completion of the course, with a grade of "C" or better, the employee shall submit a Request for Educational Reimbursement form to the d epartment head along with a copy of the official transcripts and receipts for the total cost of the course.

Effective January 1, 2024, on approval by Human Resources and Finance, the employee shall then be reimbursed up to a maximum of $5,000 per calendar year for tuition, books, transportation costs where appropriate, registration fees and related expenses necessary for completion of the course.

2. Reimbursement will be made only for coursework completed within the current calendar year ( January 1 – December 31). The difference between the City’s maximum obligation during any calendar year and the total amount of actual reimbursement received by the employee during that calendar year shall not be carried over or be available for use by the employee in any subsequent year.

3. A copy of the official transcript shall be forwarded to the Human Resources Office for retention in the employee's education file.

B. EDUCATIONAL INCENTIVE ALLOWANCE. An employee with a job- related (as determined by the City) degree or certificate from an accredited educational institution shall receive an additional allowance as follows:

• Associate of Arts Degree $120.00 per month

• Bachelor of Arts Degree $150.00 per month
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• Master’s or Ph.D. Degree $180.00 per month

Special Certificates:
• 10 or more semester units $60.00 per month

• 20 or more semester units $90.00 per month

No employee may receive more than one Educational Incentive Allowance benefit at one time.

ARTICLE 14 – SAFETY SHOES

A. An employee who perform s significant field work as part of his/her normal and customary job duties shall receive up to $350.00 on per fiscal year basis depending on the job classification, through a direct purchase from a City selected vendor, for safety shoes which comply with current California Office of Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended.

B. An employee who purchases safety shoes through this progra m, shall wear such safety shoes while performing work outside of an office env ironment, in compliance with Cal/OSHA standards, Title 8, section 3385. Any employee failing to adhere to this requirement shall be subject to disciplinary action, up to and including termination.

The City Manager and/or his designee shall have discretion as to the need and necessity of the safety shoe purchase.

C. Positions receiving one pair of safety shoes per year are as follows:

Building Inspector Senior Building Inspector/Plan Checker Building Inspector Technician Senior Code Enforcement Officer Code Enforcement Officer Senior Environmental Inspector Code Enforcement Technician Senior Public Works Inspector Environmental Inspector Storekeeper
Homeless Outreach Coordinator Water Loss Specialist
Public Works Inspector Water Quality Specialist
Sr. Building Inspector/Code Enf.

Positions receiving one pair of safety shoes every two years are as follows:

Assistant Engineer Planning Technician
Assistant Planner Senior Planner
Associate Planner

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ARTICLE 15 – UNIFORM ALLOWANCE

A. The City shall provide a work uniform to each employee and shall provide a City-paid cleaning service for such uniforms.

B. The City agrees to continue to provide uniform cleaning service for those bargaining unit members who currently receive it.

C. The monetary value for such purchase, rental, and maintenance of the required clothing which is a ready substitute for personal attire (uniform) shall be reported to the California Public Employees’ Retirement System (CalPERS) as compensation as required by law. The annual retirement contribution shall be based on the stated amounts for the term of the MOU listed in Article 16 – Public Employees’ Retirement System. Any additional tax liabilities are borne solely by the employee.

ARTICLE 16 – MILEAGE

An employee required to use a personal vehicle for City business shall be reimbursed at the rate allowed by the Internal Revenue Service.

ARTICLE 17 – CHILD CARE REIMBURSEMENT PROGRAM

A. Employees who have qualified dependent(s) between the ages of 0 and 5 (under 6) years old shall receive an additional $100 per month, per child, for child care assistance.

B. Qualifying dependents are natural born child, adopted child, step child, and/or parent- child relationship.

C. Child care reimbursement payments will not be considered compensation reportable to CalPERS or included in the calculation of the regular rate for overtime, benefits, or any other purpose.

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RETIREMENT

ARTICLE 18 – PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

A. RETIREMENT PLAN. The City shall maintain its contract for a pension plan with the California Public Employees Retirement System (CalPERS), as originally adopted on March 1, 1964, and amended thereafter.

B. CONTRACT OPTIONS. The City’s contract with CalPERS shall include the following options:

Government Code Section

1. One Year Highest Compensation 20042

2. Military Service Credit as Public Service 21024

3. 2.5% at 55 – Full Formula 21354.4

4. Fourth Level of 1959 Survivor Benefit 21574

5. Pre-Retirement Optional Settlement 2 Death
Benefit
21548

C. SECOND TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after December 22, 2012, shall include the following options:

Government Code Section

1. Three Highest Years Compensation 20037

2. Military Service Credit as Public Service 21024

3. 2% at 60 – Full Formula 21353

4. Fourth Level of 1959 Survivor Benefit 21574

5. Pre-Retirement Optional Settlement 2 Death
Benefit
21548

D. THIRD TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after January 1, 2013, shall include the following options:

Government Code Section

1. Three Highest Years Compensation 7522.32

2. Military Service Credit as Public Service 21024

3. 2% at 62 – Full Formula 7522.20
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