Agenda packet, second session — El Cajon City Council, May 14, 2024 (part 1 of 3)

Time and Location
2nd and 4th Tuesday of each month. 3:00 PM
Council Chambers
200 Civic Center Way
El Cajon, CA 92020
Watch Online
elcajon.gov/videostreaming
or Facebook Live (comments are not monitored)
In-P
erson Comments
Members of the public may address the City Council/Agency Members on any item listed on the agenda, or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council, Housing Authority and Successor Agency to the El Cajon Redevelopment Agency.

Public comments are limited to three (3) minutes per person, per agenda item.

CLICK HERE for additional instruction on in-person comments.

Written Comments
Comments must be emailed to
[email protected] or mailed to the City Clerk at
200 Civic Center Way, El Cajon, CA 92020 and received by 4:00 pm the day prior to the City Council meeting for prompt distribution. Written public comments will be recorded in the public record and will be provided to the City Council in advance of the meeting for review.

Listening Devices and other Accomodations
ALDs are available from the City Clerk’s offi
ce. As required by the Americans
with Disabilities Act (ADA), requests for reasonable accommodations to facilitate meeting participation will be provided, please contact the City Clerk’s office at least two (2) working days prior to the meeting at 619.441.1763.

For more information, please contact the City Clerk’s office at 619.441.1763.

Business hours: Monday-Thursday, 7:30 a.m. to 5:00 p.m., and alternating Fridays from 8:00 a.m. to 5:00 p.m.

FUTURE AGENDAS
•
•--
•
•
•

CITY COUNCIL

HOUSING AUTHORITY AND

SUCCESSOR AGENCY TO THE EL CAJON

REDEVELOPMENT AGENCY

Council Chamber
200 Civic Center Way
El Cajon, CA 92020
Agenda
MAY 14, 2024, 3:00 p.m.

Bill Wells, Mayor Graham Mitchell, City Manager
Steve Goble, Councilmember Vince DiMaggio, Assistant City Manager Gary Kendrick, Councilmember Morgan Foley, City Attorney Michelle Metschel, Councilmember Angela Cortez, City Clerk Phil Ortiz, Deputy Mayor

CALL TO ORDER: Mayor Bill Wells

ROLL CALL: City Clerk Angela Cortez

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE

POSTINGS: The City Clerk posted Orders of Adjournment of the April 23, 2024, Meeting and the Agenda of the May 14, 2024, Meetings in accordance to State Law and City Council/Housing Authority/Successor Agency to the Redevelopment Agency Policy.

PRESENTATIONS:

Presentation: El Cajon Library Update

Proclamation: National Public Works Week

Presentation: America on Main Street & Foodie Fest

Proclamation: Bike Anywhere Day

AGENDA CHANGES:

~ Valley of opportunity
•
•
•
•

CONSENT ITEMS:

Consent Items are routine matters enacted by one motion according to the RECOMMENDATION listed below. With the concurrence of the City Council, a Council Member or person in attendance may request discussion of a Consent Item at this time.

1. Minutes of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting

RECOMMENDATION:

That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approves Minutes of the April 23, 2024, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

2. Warrants
RECOMMENDATION:

That the City Council approves payment of Warrants as submitted by the Finance Department.

3. Approval of Reading Ordinances by Title Only
RECOMMENDATION:

That the City Council approves the reading by title and waives the reading in full of all Ordinances on the Agenda.

4. Authorization to Accept, Appropriate, and Expend the CalRecycle Beverage Container Recycling City/County Grant for FY 2023-24

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to:

Authorize the City Manager or designee to accept, appropriate, and expend funds received from the CalRecycle Beverage Container Recycling City/County Grant (CALCCPP24) for FY 2023-24; and

1. Authorize the City Manager or designee to execute any documents and agreements necessary to receive and use these funds.

2. 5. El Cajon Police Officers' Association Limited Side Letter: Temporary Upgrade Interpretation of Application

RECOMMENDATION:

That the City Council approves and authorizes the terms and conditions of the Limited Side Letter Agreement between the City and the El Cajon Police Officers' Association (ECPOA).

6. Tentative Agreement and Adoption of Memorandum of Understanding for the El Cajon Police Officer Association

RECOMMENDATION:

That the City Council approves the tentative agreement reached with the El Cajon Police Officer Association (ECPOA), and adopts the next Resolution, in order, approving the Memorandum of Understanding with the ECPOA (MOU) substantially in the form as presented at this meeting, and authorizing the City Manager to execute a final MOU with such changes as approved by the City Manager provided that no change shall be made contrary to the terms of the tentative agreement.

7. Tentative Agreement and Adoption of Memorandum of Understanding for the El Cajon Police Officer Association Management Group

RECOMMENDATION:

That the City Council approves the tentative agreement reached with the El Cajon Police Officer Association - Management Group (ECPOA-MG), and adopts the next Resolution, in order, approving the Memorandum of Understanding with the ECPOA-MG (MOU) substantially in the form as presented at this meeting, and authorizing the City Manager to execute a final MOU with such changes as approved by the City Manager provided that no change shall be made contrary to the terms of the tentative agreement.

8. Continuation of Emergency for Storm Damage Repairs to Public Facilities

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, proclaiming the Continuation of Emergency for Storm Damage Repairs to Public Facilities.

9. Approval of a Resolution Authorizing Execution of the Fourth Amendment to Metro Wastewater JPA’s Joint Powers Agreement for the Metro Wastewater Joint Powers Authority Regarding Candidacy Requirements of the Treasurer and Auditor and the Legal Advisor

RECOMMENDATION:

That the City Council approves the updates to the candidacy requirements of the Treasurer, Auditor, and Legal Advisor to the Metro Wastewater Joint Powers Authority and adopts the next Resolution, in order, to approve and execute the proposed Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section 3.05 of the Joint Powers Agreement.

10. Award of Bid No. 005-25 – Traffic Signal System Maintenance, Emergency Repairs, and Related Construction Services

RECOMMENDATION:

That the City Council adopts the next Resolutions, in order, to:

Approve the Plans and Specifications for Traffic Signal System Maintenance, Emergency Repairs, and Related Construction Services, Bid No. 005-25; and

1. Award the bid to the lowest responsive, responsible bidder, Southwest Traffic Signal Service, Inc., in the amount of $473,740.40, with the option to renew for four additional one-year periods. The City of El Cajon’s portion of the award is $220,130.20 for the first year.

2. 11. Authorization to Submit an Application for the Energy Efficiency and Conservation Block Grant Program

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to authorize the City Manager, or approved designee, to submit an application for the Energy Efficiency and Conservation Block Grant (EECBG).

12. March 31, 2024 Quarterly Treasurer’s Report

RECOMMENDATION:

That the City Council receives the Treasurer’s Report for the quarter ended March 31, 2024.

13. Rejection of Sole Proposal to RFP No. 007-25 – East County Market Nights Management Services Re-Bid

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to reject the sole proposal.

PUBLIC COMMENT:

At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s docket are to be taken at the time the item is heard. State law prohibits discussion or action on items not on the Agenda; however, Council, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda.

WRITTEN COMMUNICATIONS:

PUBLIC HEARINGS:

14. Zoning Code Update

RECOMMENDATION:

That the City Council:

Opens the Public Hearing and receives testimony;1.

Closes the Public Hearing;2.

Moves to adopt the next Resolution, in order, approving the California Environmental Quality Act exemption; and

3. Introduces the next Ordinance, in order, approving Zoning Code Amendment No. 2024-0001.

4. 15. Delinquent Refuse/Recycling Collection Charges

RECOMMENDATION:

That the City Council:

Opens the Public Hearing and receives public testimony;1.

Closes the Public Hearing;2.

Adopts the next Resolution, in order, to confirm the list of property owners as delinquent in the payment of their mandatory refuse/recycling service bills; and

3. Authorizes the City Clerk to record the amount owed for each account as a lien on the respective property and forward the list to the County Tax Assessor for billing on the next property tax bill.

4. ADMINISTRATIVE REPORTS:

16. Authorization to Circulate a Request for Proposals for Appraisal Services for 425 W.

Main Street for Possible Acquisition by Eminent Domain

RECOMMENDATION:

Staff recommends that the City Council adopts the next Resolution, in order, authorizing staff to prepare and circulate a Request for Proposals (RFP) for appraisal services for 425 W. Main Street for the possible acquisition of the site through eminent domain.

17. All-Way Stop Sign Request on Valley Lake Drive at Windmill View Road

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to establish permanent all-way stop signs on Valley Lake Drive at the intersection of Windmill View Road.

18. Traffic Calming Request for Taft Avenue

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to:

Establish permanent stop signs on Taft Avenue at the intersections of Pauline Avenue and Renette Avenue; and

1. Install new roadway striping along the entire length of Taft Avenue from Washington Street to the southerly terminus, including Herbert Street.

2. 19. Fire Engine Funding and Purchase to Implement Engine 208 Plan

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to:

Re-appropriate $1,000,000 from the San Diego River Conservancy Grant (WEAP21) from Task 3 (Wildfire and Forest Resilience Program) to Task 7 (Fire Hazard Mitigation Equipment);

1. Re-allocate and re-appropriate $500,000 of the American Rescue Plan Act (ARPA) funds from ARP08 (Economic Development) to ARP22;

2. Approve the capital expenditure for the purchase of a new Fire Engine for a not-to-exceed amount of $1,500,000, and authorize the Purchasing Agent, in accordance with Municipal Code section 3.20.010(C)(5), to execute an agreement for the capital expenditure, using a cooperative, for the purchase of a Fire Engine (Engine) for a not-to-exceed amount of $1,200,000 and outfitting costs for this Engine in a not-to-exceed amount of $300,000.

3. 20. Update on the Business Facade Grant Program & Funding Repairs at 405 E. Lexington Avenue

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to:

Reallocate ARPA funds up to $962,871 from Economic Development (ARP08) and $287,129 from Small Business Incubator (ARP20) to Business Facade Grant Program (ARP21); and

1. Appropriate up to $300,000 of General Fund Carryover Reserves to the Fiscal Year 2023-2024 Public Works Facilities Maintenance (101550) Annual Budget for building improvements at 405 E. Lexington Avenue.

2. Alternatively, if the City Council wishes to keep the Business Facade Grant Program funding at the same level, staff recommends that it provides feedback on a rubric to allocate funding.

COMMISSION REPORTS:

ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS
SANDAG (San Diego Association of Governments) Board of Directors.

21. Council Activity Report

ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:

22. COUNCILMEMBER STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate.

23. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.

24. COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; METRO Commission/Wastewater JPA – Alternate; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.

25. DEPUTY MAYOR PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.

JOINT COUNCILMEMBER REPORTS:

26. Panhandling Signs

RECOMMENDATION:

That the City Council considers changing the City's panhandling signs with different messaging.

GENERAL INFORMATION ITEMS FOR DISCUSSION:

ORDINANCES: FIRST READING

ORDINANCES: SECOND READING AND ADOPTION

CLOSED SESSIONS:

27. Closed Session - Conference with Labor Negotiators pursuant to Government Code section 54957.6
Agency Designated Representatives:

Graham Mitchell, City Manager
Vince DiMaggio, Assistant City Manager
Marisol Thorn, Director of Human Resources
Clay Schoen, Director of Finance
Unrepresented Employees:

City Manager, and Executive, Unrepresented and Confidential Employees under City Council Policy A-29

28. Closed Session - Conference with Legal Counsel - Existing Litigation - pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9: City of El Cajon vs. William H. Moore and Terry L. Moore; Superior Court of California, County of San Diego; Case No.: 37-2022-00044523-CU-OR-CTL

ADJOURNMENT: The Regular Joint Meeting of the El Cajon City Council/ El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 14th day of May 2024, is adjourned to Tuesday, May 14, 2024, at 7:00 p.m.

City Council
Agenda Report
Agenda Item 1.

DATE: May 14, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Minutes of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting
RECOMMENDATION:

Attachments
04-23-24DRAFTminutes - 3PM

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 67 - 3:00 p.m.

JOINT MEETING OF THE

EL CAJON CITY COUNCIL/HOUSING

AUTHORITY/SUCCESSOR AGENCY

TO THE EL CAJON

REDEVELOPMENT AGENCY

MINUTES

CITY OF EL CAJON

EL CAJON, CALIFORNIA

April 23, 2024

An Adjourned Regular Joint Meeting of the El Cajon City Council/Housin g Authority/ Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, April 23 , 2024, was called to order by Mayor/Chair Bill Wells at 3:03 p.m., in the Council Chambers, 200 Civic Center Way, El Cajon, California.

R O L L C A L L
Council/Agencymembers present: Kendrick, Metschel, and Ortiz Council/Agencymembers absent: None
Deputy Mayor/Vice Chair present: Goble
Mayor/Chair present: Wells
Other Officers present: Mitchell, City Manager/Executive Director DiMaggio, Assistant City Manager
Foley, City Attorney/General Counsel
Cortez, City Clerk/Secretary

PLEDGE OF ALLEGIANCE TO THE FLAG led by Mayor Wells and MOMENT OF SILENCE.

POSTINGS: The City Clerk posted Orders of Adjournment of the April 9, 2024, meeting and the Agenda of the April 23 , 202 4, meeting in accordance with State Law and El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Policy.

The Valley of Opportunity
~ ~ ~
C'o V '-ci ~PorateO

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 68 - 3:00 p.m.

Mayor Wells changed the order of Items to accommodate the schedule of participants for certain Agenda Items.

PUBLIC COMMENT:

Steven Martin spoke to request assistance from the City Council for speeding issues on Taft Street. Mr. Martin also requested the placement of speed bumps on Taft Street.

Barbie Bates, resident of Taft Street, submitted a petition requesting traffic calming measures for her neighborhood.

Brenda Hammond spoke of the lack of compassion in the younger generations. Ms.

Hammond spoke of the free concerts in the City of El Cajon and neighboring cities.

ADMINISTRATIVE REPORTS:

10. El Cajon Critical Services Sales Tax Measure

RECOMMENDATION:

That the City Council receives the report, which provides an overview of the survey results for a possible sales tax measure and pr ovides feedback on additional steps to consider, regarding the possible measure.

DISCUSSION

City Manager Mitchell introduced John Nienstedt, President & CEO of Competitive Edge Research & Communication, who provided detailed information of the Item.

Discussion ensued among Council and Staff concerning the following:
 Polling services for extending Prop J;
 No additional tax requested, just an extension of Prop J;  Informational sessions with the community; and
 Consequences of Prop J extension not passing.

No public comment was received for the Item.

MOTION BY WELLS, SECOND BY METSCHEL, to RECEIVE the report and proceed to prepare informational measures for the community, for the continuation of Prop J.

MOTION CARRIED BY UNANIMOUS VOTE.

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 69 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Continued)

Mayor Wells stated he would recuse himself and not participate on Item 13, due to a conflict of interest due to financial contributions made to his congressional campaign by Dr. Barka.

13. Lease Agreements with the Chaldean Communi ty Council to Operate a Social Service Operation and a Small Business Incubator Program at 405 E. Lexington Avenue

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, approving two lease agreements:

1. Lease Agreement with the Chaldean Community Council for 4,155 square feet at 405 E. Lexington Avenue to provide social services; and

2. Lease Agreement with the Chaldean Community Council for 3,000 square feet at 405 E. Lexington Avenue to operate a small business incubation program.

DISCUSSION

City Manager Mitchell, provided detailed information of the Item.

Jihan Maloney, representing the Chaldean Community Council, spoke against the lease termination clause in the proposed lease agreements.

Kaye Turpin, representing the Chaldea n Community Council, spoke against the lease termination clause in the proposed lease agreements.

Discussion ensued among Council, Staff and the Chaldean Community Council representatives, concerning the following:
 City charging the lease amount of $1 per year;
 Concern for lack of interest for a business incubator;  Offering incubator services to people outside of the city; and  Legal requirements to add a termination clause in agreements and contracts.

MOTION BY ORTIZ, SECOND BY KENDRICK, to ADOPT Resoluti on No. 042-24 to approve the Lease Agreement with the Chaldean Community Council for 4,155 square feet at 405 E. Lexington Avenue to provide social services, omitting the 6 month termination clause.

MOTION CARRIED BY 3 - 1 VOTE,
METSCHEL - No, MAYOR WELLS - Disqualified

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 70 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Item 13 - Continued)

MOTION BY GOBLE, SECOND BY ORTIZ, to DIRECT staff to prepare report on 2nd floor lease agreement for the business incubator

Dr. Noori Barka interrupted the meeting to state the Chalde an Community Council would accept the 6 month termination notice after an initial three (3) year lease period.

Motion withdrawn by ORTIZ and GOBLE.

MOTION BY GOBLE, SECOND BY ORTIZ, to ADOPT Resolution No. 042 - 24 to approve the Lease Agreement with the C haldean Community Council for 3,000 square feet at 405 E. Lexington Avenue to operate a small business incubation program with the change to replace the presented lease agreement with a three (3) year lease guarantee and a 6 month termination lease option by either party.

MOTION CARRIED BY 4 - 0 VOTE,
MAYOR WELLS – Disqualified.

Recess called at 4:49 p.m.

Meeting called back to order at 4:56 p.m.

Mayor Wells returned to the Chamber.

Councilmember Kendrick did not return to the Chamber after recess.

PRESENTATIONS:

 Proclamation: International Firefighters' Day

AGENDA CHANGES:

City Manager Mitchell requested postponing Item 19 to a meeting where Councilmember Kendrick is present.

MOTION BY WELLS, SECOND BY ORTIZ, to POSTPONE Item 19 to a future meeting.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 71 - 3:00 p.m.

CONSENT ITEMS: (1 – 6)

MOTION BY WELLS, SECOND BY METSCHEL, to APPROVE Consent Items 1 to 6.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

1. Minutes of El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meetings

Approve Minutes of the April 9, 2024, Meeting of the El Cajon City Council /Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

2. Warrants

Approve payment of Warrants as submitted by the Finance Department.

3. Approval of Reading Ordinances by Title Only

Approve the reading by title and waive s the reading in full of all Ordinances on the Agenda.

4. Continuation of Emergency for Storm Damage Repairs to Public Facilities

Adopt Resolution No. 037 -24 proclaiming the Continuation of Emergency for Storm Damage Repairs to Public Facilities.

5. Amending the Conflict of Interest Code of the City of El Cajon

Adopt Resolution No. 038-24 approving the amendment of the City’s Conflict of Interest Code.

6. Reject & Re -Bid of Bid No. 033 -24 – Box Culvert Condition Assessment & Repairs

Adopt Resolution No. 039-24 to:

1. Consent to the withdrawal of the first apparent low bidder’s bid submission;

2. Find the third low bidder non -responsive for the reasons set forth in the agenda report; and

3. Reject all bids and authorize re -bidding of the project with revised plans and specifications.

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 72 - 3:00 p.m.

WRITTEN COMMUNICATIONS: None

PUBLIC COMMENT:

Manny Aceves, representing Cast Hope, spoke about services provided and working with the East County Transitional Living Center.

PUBLIC HEARINGS:

7. Adoption of the Proposed 2025 Five-Year Program of Projects for the SANDAG Regional Transportation Improvement Program (RTIP)

RECOMMENDATION:

That the City Council:

1. Opens the Public Hearing and receives testimony;

2. Closes the Public Hearing; and

3. Adopts the next Resolution, in order, for the adoption of the Proposed 2025 Five - Year Program of Projects for the SANDAG Regional Transportation Improvement Program (RTIP).

DISCUSSION

Deputy Director of Public Works, Mario Sanchez, provided a summary of the Item.

Mayor Wells opened the Public Hearing.

No public comment was received for the Item.

MOTION BY WELLS, SECOND BY METSCHEL, to CLOSE the Public Hearing.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

MOTION BY GOBLE, SECOND BY METSCHEL, to ADOPT Resolution No. 040-24, to adopt the Propos ed 2025 Five -Year Program of Projects for the SANDAG Regional Transportation Improvement Program (RTIP).

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 73 - 3:00 p.m.

PUBLIC HEARINGS: (Continued)

8. 2024-2028 Five -Year Consolid ated Plan and FY 2024 -2025 One -Year Action Plan

RECOMMENDATION:

That the City Council:

1. Opens the public hearing;

2. Accepts public testimony for the draft 2024-2028 Five-Year Consolidated Plan and FY 2024-2025 One-Year Action Plan;

3. Closes the public hearing;

4. Accepts staff recommendations for projects and programs using FY 2024-2025 Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) grant funds; and

5. Authorizes staff to release the draft 2024-2028 Five-Year Consolidated Plan and FY 2024-2025 One-Year Action Plan for a thirty-day review period from April 25, 2024 to May 24, 2024.

DISCUSSION

Management Analyst, Deyanira Pelayo-Brito, provided a summary of the Item.

Mayor Wells opened the Public Hearing.

In answer to a quest ion by Councilmember Metschel, Ms. Pelayo -Brito stated the service providers submit monthly or quarterly reports for CDBG and HOME funds used.

Tim Ray, representing Meals on Wheels, thanked the City for the continued support.

MOTION BY WELLS, SECOND BY METSCHEL, to CLOSE the Public Hearing.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

MOTION BY ORTIZ, SECOND BY METSCHEL, to ACCEPT staff
recommendations for projects and programs using FY 2024 -2025 Community Developmen t Block Grant (CDBG) and HOME Investment Partnership (HOME) grant funds; and Authorize staff to release the draft 2024-2028 Five -Year Consolidated Plan and FY 2024 -2025 One -Year Action Plan for a thirty -day review period from April 25, 2024 to May 24, 2024.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 74 - 3:00 p.m.

PUBLIC HEARINGS: (Continued)

9. Adoption of New Fees, Modification and Elimination of Existing Fees, and Amendment of Schedule of Miscellaneous Fees

RECOMMENDATION:

That the City Council:

1. Opens the Public Hearing and receives testimony;

2. Closes the Public Hearing; and

3. Adopts the next Resolution, in order, to modify certain existing fees, add and delete certain fees, and amend the City’s Schedule of Miscellaneous Fees.

DISCUSSION

City Attorney Foley provided a summary of the Item.

Mayor Wells opened the Public Hearing.

No public comment was received for the Item.

MOTION BY ORTIZ, SECOND BY METSCHEL, to CLOSE the Public Hearing.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

MOTION BY ORTIZ, SECOND BY METSCHEL, to ADOPT Resolution No. 041-24 to modify certain existing fees, add and delete certain fees, and amend the City’s Schedule of Miscellaneous Fees.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

ADMINISTRATIVE REPORTS:

Item 10 was previously discussed by Mayor Wells’ discretion.

10. El Cajon Critical Services Sales Tax Measure

RECOMMENDATION:

That the City Council recei ves the report, which provides an overview of the survey results for a possible sales tax measure and provides feedback on additional steps to consider, regarding the possible measure.

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 75 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Continued)

11. Fiscal Year 2023-24 Mid-Year Report and Five-Year Business Plan Update

RECOMMENDATION:

That the City Council:

1. Receives and accepts the Fiscal Year 2023-24 Mid-Year Report and Five-Year Business Plan update;

2. Authorizes the proposed personnel changes detailed in this report; and

3. Authorizes the proposed capital expenditures detailed in this report.

DISCUSSION

Director of Finance, Clay Schoen, provided detailed information of the Item.

Discussion ensued among Council and Staff concerning the following:
 Prop J extension may not be enough to prevent budget cuts; and  Need for tax generating businesses in the City.

No public comment was received for the Item.

MOTION BY ORTIZ, SECOND BY METSCHEL, to RECEIVE and accept the Fiscal Year 2023 -24 Mid -Year Report and Five -Year Business Pl an update; Authorize the proposed personnel changes detailed in this report; and Authorize the proposed capital expenditures detailed in this report.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

12. Annual Comprehen sive Financial Report for the Fiscal Year Ended June 30, 2023, and Other Written Communication from the City's Independent Auditor

RECOMMENDATION:

That the City Council receives and accepts the Annual Comprehensive Financial Report and other written com munication from the independent accounting firm of Rogers, Anderson, Malody & Scott, LLP, for the fiscal year ended June 30, 2023.

DISCUSSION

Director of Finance, Clay Shoen, provided detailed information of the Item.

No public comment was received for the Item.

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 76 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Item 12 - Continued)

MOTION BY ORTIZ, SECOND BY METSCHEL, to RECEIVE and accept the Annual Comprehensive Financial Report and other written communication from the independent accounting firm of Rogers, Anderson, Malody & Scott, LLP, for the fiscal year ended June 30, 2023.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

Item 13 was previously discussed by Mayor Wells’ discretion.

13. Lease Agreements with the Chaldean Community Council to Operate a Social Service Operation and a Small Business Incubator Program at 405 E. Lexington Avenue

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, approving two lease agreements:

3. Lease Agreement with the Chaldean Community Council for 4,155 square feet at 405 E. Lexington Avenue to provide social services; and

4. Lease Agreement with the Chaldean Community Council for 3,000 square feet at 405 E. Lexington Avenue to operate a small business incubation program.

COMMISSION REPORTS: None

ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS:

SANDAG (San Diego Association of Governments) Board of Directors.

14. Council Activities Report/Comments

Report as submitted.

Remainder of page intentionally left blank.

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 77 - 3:00 p.m.

ACTIVITIES REPORTS OF COUNCILMEMBERS:

15. COUNCILMEMBER STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advance d Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Direct ors – Alternate; SANDAG Publi c Safety Committee – Alternate.

Council Activities Report/Comments.

Report as submitted.

16. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communicatio ns; Heartland Fire Training JPA.

Council Activities Report/Comments.

Report as submitted.

17. COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate; METRO Commission/Wastewater JPA – Alternate.

Council Activities Report/Comments.

Report as submitted.

18. DEPUTY MAYOR PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County A dvanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.

Council Activities Report/Comments.

Report as submitted.

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 78 - 3:00 p.m.

JOINT COUNCILMEMBER REPORTS:

Per action taken under Agenda Changes, Item 19 has been postponed to a future meeting.

19. Panhandling Signs

RECOMMENDATION:

That the City Council considers changing the City's panhandling signs with different messaging.

GENERAL INFORMATION ITEMS FOR DISCUSSION: None

ORDINANCES: FIRST READING - None

ORDINANCES: SECOND READING AND ADOPTION - None

CLOSED SESSIONS:

20. Closed Session - Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: One (1) potential case

21. Closed Session - Conference with Real Property Negotiators - pursuant to Government Code section 54956.8:

Property:

APN 487-331-22-00
425 W. Main Street

Negotiating Party:

Jala, Inc.

Hitesh C. Patel, CEO

City Negotiators:

City Manager
Assistant City Manager
City Attorney

Under Negotiation:

Price and terms of payment for acquisition of property

Joint Meeting: El Cajon City Council/Housing Authority/ April 23, 2024 Successor Agency to the Redevelopment Agency - 79 - 3:00 p.m.

CLOSED SESSIONS: (Continued)

22. Closed Session - Conference with Real Property Negotiators - pursuant to Government Code section 54956.8:

Property:

APN# 482-131-16
1050 Vernon Way, El Cajon, CA 92020

Negotiating Party:

USA Waste of California Inc.

City Negotiators:

City Manager
Assistant City Manager
City Attorney

Under Negotiation:

Price and terms of payment for lease of property

23. Closed Session - Public Employee Performance Evaluation: City Manager

MOTION BY WELLS, SECOND BY ORTIZ, to ADJOURN to Closed
Session at 6:04 p.m.

MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT (KENDRICK – Absent).

CLOSED SESSIONS: (Continued)

RECONVENED to Open Session at 7:47 p.m.

City Attorney Foley reported the following actions:

20. Direction was given to the City Attorney

21. Direction was given to the City’s Negotiator

22. Direction was given to the Management Team

23. Evaluation performed and completed

Adjournment: Mayor Wells adjourned the Adjourned Regular Joint Meeting of the El Cajon City Council/ Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 23rd day of April, 2024, at 7:49 p.m., to Tuesday, May 14, 2024, at 3:00 p.m.

______________________
ANGELA L. CORTEZ, CMC
City Clerk/Secretary
City Council
Agenda Report
Agenda Item 4.

DATE: May 14, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Public of Works
SUBJECT: Authorization to Accept, Appropriate, and Expend the CalRecycle Beverage Container Recycling City/County Grant for FY 2023-24
RECOMMENDATION:

That the City Council adopts the next Resolution, in order, to:

Authorize the City Manager or designee to accept, appropriate, and expend funds received from the CalRecycle Beverage Container Recycling City/County Grant (CALCCPP24) for FY 2023-24; and

1. Authorize the City Manager or designee to execute any documents and agreements necessary to receive and use these funds.

2. BACKGROUND:

The State of California Department of Resources Recycling and Recovery (CalRecycle) distributes funds for specific grants and payment programs to assist the City with recycling and litter reduction efforts. On January 16, 2024, the Public Works Department applied for $26,485 from the CalRecycle Beverage Container Recycling City/County grant for FY 2023-24. On April 19, 2024, staff was notified that the funds were awarded. The grant application identified the following actions to utilize grant funds:

Beverage Container Collection Programs;1.

Litter Clean-up Events;2.

Advertising and Promotional Documents;3.

Recycling Education; and4.

Personnel Costs/Administration.5.

In order to receive and use the grant funds, staff recommends that the City Council adopt a resolution that accepts, appropriates, and authorizes the City Manager or designee to expend the grant funds according to the CalRecycle grant and City guidelines.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Authorization to accept, appropriate, and expend CalRecycle grants to assist the City with recycling and litter reduction efforts is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines section 15378(b)(2), because it is not defined as a project and will not result in a direct or reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT:
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
FISCAL IMPACT:

The CalRecycle Beverage Container Recycling Grant (CALCCPP24) will provide $26,485 and will not impact the General Fund. No matching funds are required for this grant. These funds will be used by the Public Works Department to purchase the products or services mentioned in the background portion of this agenda report.

Prepared By: Monica Martinez, Sr. Management Analyst
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution - Beverage Container

Page 1 of 2 ends

RESOLUTION NO. __-24

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CAJON AUTHORIZING CITY TO ACCEPT, APPROPRIATE,

AND EXPEND THE CALRECYCLE BEVERAGE CONTAINER
RECYCLING CITY/COUNTY GRANT FOR FY 2023-2024

WHEREAS, the State of California Department of Resources Recycling and Recovery ("CalRecycle") distributes funds for specific grants and payment programs to assist the City with recycling and litter reduction efforts; and

WHEREAS, On January 16, 2024, the Public Works Department applied for $26,485 from the CalRecycle Beverage Container Recycling City/County grant for FY 2023-24, and on April 19, 2024, staff was notified that the funds were awarded; and WHEREAS, City staff reco mmends that the Fiscal Year 2023 -2024 funding be used for: Beverage Container Collection Programs; Litter Clean- up Events; Advertising and Promotional Documents; Recycling Education; and Personnel Costs/Administration; and
WHEREAS, Authorization to accept, appropriate, and expend CalRecycle grants is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15060(c)(3) and 15378, because it is not defined as a project and will not result in a direct or reasonably foreseeable indirect physical change in the environment; and
WHEREAS, City Council finds that it is in the City's best interest to authorize the City Manager or designee to accept, appropriate, and expend the Grant Funds according to the CalRecycle grant and City guidelines, and to authorize the City Manager to accept the award and execute such agreements and other documents necessary to receive the Grant Funds.

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

1. The City Council finds that authorization to accept, appropriate, and expend CalRecycle grants is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15060(c)(3) and 15378, because it is not defined as a project and will not result in a direct or reasonably foreseeable indirect physical change in the environment.

2. The City Manager is authorized to accept, appropriate, and expend the Grant Funds in the amount of $26,485.00 for recycled beverage container diversion.

3. The City Council hereby further authorizes the City Manager to execute any agreement, and amendments thereto, and authorizes the City Manager, or such person designated by the City Manager to execute such other documents necessary to accept the funds, in such form approved by the City Manager, as approved by the City Attorney.

Page 2 of 2 ends

4. The City Council hereby commits to using the funds for recycled beverage container diversion.

5. The authorizations set forth herein are effective for fiscal year 2023-2024.

05/14/24 CC Meeting
Reso - CalRecycle Beverage Container Recycling Program 042424

City Council
Agenda Report
Agenda Item 5.

DATE: May 14, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Marisol Thorn, Director of Human Resources
SUBJECT: El Cajon Police Officers' Association Limited Side Letter: Temporary Upgrade Interpretation of Application
RECOMMENDATION:

That the City Council approves and authorizes the terms and conditions of the Limited Side Letter Agreement between the City and the El Cajon Police Officers' Association (ECPOA).

BACKGROUND:

The City recently reviewed the interpretation of application of temporary upgrade for POA members who, on rare occasions, cross-over contracts with the POA Management Group to temporarily upgrade to the position of Police Lieutenant. In this specific circumstance, an employee immediately becomes salaried for the period of the temporary upgrade, consequently losing FLSA overtime rights during such an assignment. Therefore, an employee cannot wait the required 80-hour “waiting” period before getting the higher pay since their FLSA status changes from hourly to salaried. The attached side letter acknowledges the current interpretation of application for the temporary upgrade to Police Lieutenant, and further clarifies the language for the MOU dated July 1, 2019 to June 30, 2024.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

City Council approval of this agreement with the El Cajon Police Officer Association is exempt from the California Environmental Quality Act ("CEQA") in accordance with section 15378(b)(4) of the State CEQA Guidelines. This is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and therefore is not a project.

FISCAL IMPACT:

No Fiscal Impact
Prepared By: Marisol Thorn, Director of Human Resources Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
Side Letter
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
Side Letter Agreement
Between The City of El Cajon and
The El Cajon Police Officers' Association (POA)
Regarding Temporary Upgrade Language Interpretation
The City of El Cajon (City) and the El Cajon Police Officers' Association (POA) hereby agree to modify the 2019-2024 Memorandum of Understanding (MOU) between the parties as follows:

1. Any subsequent agreements or changes to this side letter agreement shall be subject to the meet and confer requirements of the Meyers-Milias-BrownAct.

2. The City and the POA recognize and acknowledge the importance of temporarily filling positions when there is a department need;

3. The City and POA recognize and acknowledge that in special circumstances an hourly POA represented employee may need to be temporarily upgraded to a salaried El Cajon Police Officer's Association Management Group (ECPOAMG) position.

4. The City and POA recognize and acknowledge the interpretation for circumstances surrounding an upgrade, when an employee is temporarily upgraded to an ECPOAMG position and inherently becomes a salaried employee and loses FLSA overtime rights during such temporary assignment.

5. In order to have appropriate positions filled, and to simultaneously compensate at the appropriate level during an assignment to a salaried position, the parties hereto agree to modify Section (F) of Article 4 of the 2019-2024 MOU to clarify and acknowledge the interpretation of the language, and read as follows:
(1) If an EMPLOYEE is temporarily assigned to a higher position by his/her supervisor and said assignment is approved by the City Manager, then the EMPLOYEE shall be granted a temporary advancement of not more 10% for the period of time in excess of eighty (80) cumulative hours per calendar year the EMPLOYEE is required to perform such duties. At the conclusion of such assignment, the EMPLOYEE'S salary shall be reduced to the normal step prescribed for their classification, had they remained in that classification.

C:\Users\mtilko\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\TIQAOMDC\2023 Side Letter Agreement re Temporary Upgrade.docx
5/6/2024
(2) Under special circumstances, when deemed necessary by the Chief of Police, an EMPLOYEE may temporarily be assigned to a position represented by the El Cajon Police Officer Association Management Group (EPOAMG). When an EMPLOYEE is temporarily assigned to a position represented by (ECPOAMG), the EMPLOYEE shall be granted a temporary advancement equivalent to the greatest of 5% or Step "1" of the classification to which the EMPLOYEE would be in if promoted to the position. The temporary advancement will also be in accordance with Article 4(1)(2) of this MOU.

Classifications under ECPOAMG are exempt (salaried) under the Fair Labor and Standards Act (FLSA), and classifications covered under this MOU are non-exempt (hourly). Therefore, temporary advancement pay will commence immediately following assignment by the department and approval by the City Manager, to be effective the first date the EMPLOYEE is required to perform such duties. In compliance with FLSA regulations an EMPLOYEE temporarily assigned under this subsection will not be eligible for overtime pay. No other benefits under the ECPOAMG will be afforded to EMPLOYEE under this section. At the conclusion of such assignment, the EMPLOYEE'S salary shall be reduced to the normal step prescribed for their classification, had they remained in that classification.

The p~~ agree to the terms and conditions of this side letter agreement. ~ 5-~-1"'
Melad Tilko, President , POA
~ i---1----
Marisol Thorn, Director of Human Resources
--- ------
Date
Date
C:\Users\mtil ko\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\TIQAOMDC\2023 Side Letter Agreement re Temporary Upgrade.docx City Council
Agenda Report
Agenda Item 6.

DATE: May 14, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Marisol Thorn, Director of Human Resources
SUBJECT: Tentative Agreement and Adoption of Memorandum of Understanding for the El Cajon Police Officer Association
RECOMMENDATION:

BACKGROUND:

Tentative agreement was reached within settlement authority for ECPOA and is identified in the documents:

Three-Year Term Contract - July 1, 2024 through June 30, 2027, Annual salary increases of 3%, 3% and 3% respectively,
Market Adjustments of 4%, 2%, and 2% respectively,
Classic PERS members will pay 1% more into PERS for employee's share in year two of the contract, followed by an additional 1% in year three of the contract, to total 2%, Removal of annual non-PERSable stipends,
Cafeteria plan contribution increases, effective January of each contract year, Uniform allowance increase,
Tuition reimbursement increase,
Addition of Shift Differential,
Addition of Longevity Pay,
Court minimums increase,
PORAC Retiree Medical Trust,
Other minor operational, clean up and/or non-economic items.

The signed Memorandum of Understanding will be available in the Human Resources Department for review.
.!!!!_ Valley of Opportunity
• • • •
• • • • • •
•
• •
CALIFORNIA ENVIRONMENTAL QUALITY ACT:

City Council approval of the tentative agreement with the El Cajon Police Officer Association is exempt from the California Environmental Quality Act (CEQA) in accordance with section 15378(b)(4) of the state CEQA Guidelines. This is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and therefore is not a project.

FISCAL IMPACT:

The tentative agreement was reached within settlement authority provided by the City Council.

Prepared By: Marisol Thorn, Director of Human Resources Reviewed By:

Approved By: Graham Mitchell, City Manager
Attachments
Resolution
POA Tentative Agreement
MOU - POA 24-27

Page 1 of 3 ends

RESOLUTION NO. __-24

RESOLUTION APPROVING

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF EL CAJON AND
THE EL CAJON POLICE OFFICERS’ ASSOCIATION
FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027,

IN ACCORDANCE WITH THE MEYERS-MILIAS-BROWN ACT

WHEREAS, the City Council has approved changes in the terms and conditions of employment of employees in the classifications represented by the El Cajon Police Officers’ Association ("ECPOA") for the period from July 1, 2024 through June 30, 2027, as hereinafter set forth:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. The City Council hereby approves the revised and updated Memorand um of Understanding By and Between the City of El Cajon and the El Cajon Police Officers’ Association ( "ECPOA") (the "Memorandum") containing provisions for changes in the terms and conditions of employment for Fiscal Years 2024 through 2027. A summary of said Memorandum is attached hereto as Exhibit "A," and made a part hereof by this reference.

2. The City Council hereby finds that approval of the Memorandum satisfies the City's obligations regarding the Meet and Confer process in accordance with the Meyers-Milias-Brown Act (Government Code section 3500 et seq.).

05/14/24 CC Agenda
Reso - Employee Org – ECPOA MOU 050224

Page 2 of 3 ends

EXHIBIT "A"

TENTATIVE 3-YEAR AGREEMENT BETWEEN THE EL CAJON
POLICE OFFICERS’ ASSOCIATION AND THE CITY OF EL CAJON

Term: 3 years (July 1, 2024 – June 30, 2027)

Article 3, Section A – Salary increases
• 3% salary increase for all three classifications, 1st paycheck in July 2024 • 3% salary increase for all three classifications, 1st paycheck in July 2025 • 3% salary increase for all three classifications, 1st paycheck in July 2026

Article 3, Section A – Market salary adjustments
• 4% market adjustment for all three classifications 1st paycheck in July 2024 • 2% market adjustment for all three classifications 1st paycheck in July 2025 • 2% market adjustment for all three classifications 1st paycheck in July 2026

Article 6, Section E(6)a. – POA Classic PERS members will pay 2% more over the last two years • POA Classic PERS members will pay 1% more into PERS for Employee’s share, 1st paycheck in July 2025 (total of 10%)
• POA Classic PERS members will pay 1% more into PERS for Employee’s share, 1
st paycheck in July 2026 (total of 11%)

Article 3, Section B – Remove cash stipends and replace with longevity incentive. • Remove all non-PERSable stipends upon ratification of MOU • Replace section with Law Enforcement Longevity Incentive for total years of sworn law enforcement service (calculated by CA POST and approved by HR)  10 Years LE Experience 2% salary incentive
OR
 20 Years LE Experience 5% salary incentive

Article 4, Section E – Increase court minimums
• East County; 3 hours plus 1-hour travel (total of 4)
• Downtown SD; 4 hours plus 1-hour travel (total of 5)

Article 4, Section G – Remove the limit to the number of bilingual officers allowed the incentive

Article 4, New Section (H) – Shift Differential Pay
• "Weekend" days are defined as Friday, Saturday, and Sunday and " midnight" shift is defined as the majority of the shift hours between 9:00 PM and 6:00 AM • If an employee begins the majority of their work days on weekend days, they will get a 3% salary increase while assigned to that regular schedule • If an employee works the majority of their hours on midnight shift, they will get a 2% salary increase while assigned to that regular schedule

Page 3 of 3 ends

• If an employee begins the majority of their work days on weekend days and works the majority of their hours on midnight shift, they will get a 5% salary increase while assigned to that regular schedule
• Employees who work overtime on shifts described above will not be eligible for this increase unless they are regularly assigned to shifts described above

Article 5, Section A – Increase uniform allowance
• From $775 to $1,000 annually
• Extra SWAT allowance from $75 to $300 annually

Article 5, Section D – Increase tuition reimbursement
• From $750 to $1,500 per fiscal year.
• Additionally, all employees may now apply this allowance toward related lodging, meals, and other travel costs in compliance with the procedure for Travel and Meetings, as established in Administrative Policy E-4.

Article 6, Section D – Increase Cafeteria allowance
• $1,700/month beginning 1
st paycheck January 2025
• Increase amount $1,750 beginning 1st paycheck January 2026 • Increase amount $1,800 beginning 1st paycheck January 2027

Article 6, New Section F – Join PORAC Retiree Medical Trust • City pays $25 per paycheck and employee pays $25 per paycheck (total $100 a month)
• Includes cash-out option for vacation and/or sick leave in line with current City conversion program
• This is pending approval from City Attorney ensuring the City has no liability for the payment of benefits other than negotiated payments to the fund during employment

TENTATIVE 3-YEAR AGREEMENT BETWEEN THE EL CAJON

POLICE OFFICERS' ASSOCIATION AND THE CITY OF EL CAJON
Term: 3 years (July 1, 2024 -June 30, 2027)
Article 3, Section A- Salary increases
• 3% salary increase for all three classifications, 1st paycheck in July 2024 • 3% salary increase for all three classifications, 1st paycheck in July 2025 • 3% salary increase for all three classifications, 1st paycheck in July 2026 Article 3, Section A- Market salary adjustments
• 4% market adjustment for all three classifications 1st paycheck in July 2024 • 2% market adjustment for all three classifications 1st paycheck in July 2025 • 2% market adjustment for all three classifications 1st paycheck in July 2026 Article 6, Section E (6) a. - POA Classic PERS members will pay 2% more over the last two years • POA Classic PERS members will pay 1% more into PERS for Employee's share, pt paycheck in July 2025 (total of 10%)
• POA Classic PERS members will pay 1% more into PERS for Employee's share, 1st paycheck in July 2026 (total of 11%)
Article 3, Section B - Remove cash stipends and replace with longevity incentive. • Remove all non-PERSable stipends upon ratification of MOU • Replace section with Law Enforcement Longevity Incentive for total years of sworn law enforcement service (calculated by CA POST and approved by HR) • 10 Years LE Experience 2% salary incentive
OR
• 20 Years LE Experience 5% salary incentive
Article 4, Section E - Increase court minimums
• East County; 3 hours plus 1-hour travel (total of 4)
• Downtown SD; 4 hours plus 1-hour travel (total of 5)
Article 4, Section G - Remove the limit to the number of bilingual officers allowed the incentive 1 of 2
Article 4, New Section (H) - Shift Differential Pay
• "Weekend" days are defined as Friday, Saturday, and Sunday and "midnight" shift is defined as the majority of the shift hours between 9:00 PM and 6:00 AM • If an employee begins the majority of their work days on weekend days, they will get a 3% salary increase while assigned to that regular schedule • If an employee works the majority of their hours on midnight shift, they will get a 2% salary increase while assigned to that regular schedule • If an employee begins the majority of their work days on weekend days and works the majority of their hours on midnight shift, they will get a 5% salary increase while assigned to that regular schedule
• Employees who work overtime on shifts described above will not be eligible for this increase unless they are regularly assigned to shifts described above Article 5, Section A- Increase uniform allowance
• From $775 to $1,000 annually
• Extra SWAT allowance from $75 to $300 annually
Article 5, Section D - Increase tuition reimbursement
• From $750 to $1,500 per fiscal year.
• Additionally, all employees may now apply this allowance toward related lodging, meals, and other travel costs in compliance with the procedure for Travel and Meetings, as established in Administrative Policy E-4.

Article 6, Section D - Increase Cafeteria allowance
• $1, 700/month beginning 1st paycheck January 2025
• Increase amount $1,750 beginning 1st paycheck January 2026 • Increase amount $1,800 beginning 1st paycheck January 2027 Article 6, New Section (F) -Join PORAC Retiree Medical Trust • City pays $25 per paycheck and employee pays $25 per paycheck (total $100 a month)
• Includes cash-out option for vacation and/or sick leave in line with current City conversion program
• This is pending approval from City Attorney ensuring the City has no liability for the payment of benefits other than negotiated payments to the fund during employment
2 of2
City Negotiating Committee ECPOA Negotiating Committee
Graham Mitchell Melad Tilko
President and Negotiations Team Member
City Manager
Clay Schoen
Negotiations Team Member
Director of Finance
Marisol Thorn
Director of Human Resources

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF EL CAJON

AND

EL CAJON POLICE OFFICERS' ASSOCIATION

2024 - 2027

The Valley of Opportunity
~~~
C>o ~ '\.C)
~Porate6.

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF EL CAJON

EL CAJON POLICE OFFICERS' ASSOCIATION

TABLE OF CONTENTS

Page

ARTICLE 1
INTENT

Intent ................................................................................................................................................1

ARTICLE 2

RECOGNITION

Recognition .....................................................................................................................................1

ARTICLE 3

COMPENSATION

Section A
Salary ......................................................................................................................1 Section B Normal Advancements Represented Classifications ...............................................3 Section C Application of the Compensation Schedule .............................................................3 Section D Promotion to Another Class .....................................................................................4 Section E Pay Increases Other Than Advancement and Promotion ........................................4 Section F Transfer to Assignment Within the Classification ...................................................4 Section G Inequitable Compensation .......................................................................................4 Section H Paydays/Early Paychecks.........................................................................................5 Section I Workday/Workweek ................................................................................................5 Section J Alternative Work Schedules ....................................................................................6

ARTICLE 4

PREMIUM PAY

Section A Overtime ..................................................................................................................6 Section B Off-duty Medical Appointments for Work-related Injuries .....................................7 Section C Compensatory Time .................................................................................................7 Section D Court Time. ..............................................................................................................7 Section E Call-out ...................................................................................................................9 Section F Temporary Upgrade .................................................................................................9 Section G Bi-lingual Pay ..........................................................................................................9 Section H Shift Differential Pay
Section I Law Enforcement Longevity Incentive

ARTICLE 5

PERQUISITES

Section A Uniform and Equipment Allowance ......................................................................10 Section B Educational Incentive Program ..............................................................................10 Section C Travel Reimbursement ...........................................................................................13 Section D Tuition and Book Reimbursement .........................................................................14 Section E Deferred Compensation .........................................................................................14 Section F Field Training Officer Incentive Pay .....................................................................15 Section G Canine Officer Pay .................................................................................................15

ARTICLE 6

HEALTH AND WELFARE

Section A
Medical Insurance ..................................................................................................16 Section B Dental Insurance ....................................................................................................16 Section C Life Insurance ........................................................................................................16 Section D Cafeteria Benefit Plan ............................................................................................16 Section E Retirement System (PERS) ....................................................................................17

ARTICLE 7

LEAVES/TIME OFF

Section A
Vacation .................................................................................................................19 Section B Holidays .................................................................................................................21 Section C Sick Leave .............................................................................................................21 Bereavement Leave ................................................................................................24 Compulsory Sick Leave ........................................................................................24 Family Care and/or Medical Leave........................................................................25 Section D Military Leave ........................................................................................................25 Section E Jury and Witness Leave .........................................................................................26 Section F Leave of Absence Without Pay..............................................................................26 Section G Workers' Compensation Leave ..............................................................................26 Section H Exchange of Shifts .................................................................................................26 Section I Catastrophic Leave.................................................................................................27

ARTICLE 8
LAYOFF

Section A
Purpose ...................................................................................................................28 Section B Determination ........................................................................................................28 Section C Reduction in Force - Demotion ..............................................................................28 Section D Order of Reduction in Force ..................................................................................28 Section E Order of Layoff/Demotion - Identical Seniority ....................................................29 Section F Order/Method of Demotion/Reduction in Force – Bumping .................................29

iii

Section G Reinstatement of Demoted Employees ..................................................................30 Section H Reemployment of Laid Off Employees .................................................................30 Section I Duration of Reinstatement/Reemployment List ....................................................30 Section J Restoration of Benefits Upon Reemployment .......................................................30 Section K Quarterly Performance Reports .............................................................................31 Section L Payoff of Accruals Upon Layoff............................................................................31 Section M Retirement Contribution ........................................................................................31 Section N Non-Discrimination in Reduction in Force............................................................31

ARTICLE 9

INDIVIDUAL PERSONNEL FILES

Section A General Statement - Traffic Accidents ..................................................................31 Section B General Statement - Disciplinary Actions .............................................................31

ARTICLE 10

GRIEVANCE PROCEDURE

Section A
Purpose ...................................................................................................................32 Section B Reviewable Grievances ..........................................................................................32 Section C Non-Reviewable Grievances .................................................................................33 Section D Informal Grievance Procedure ...............................................................................33 Section E Special Provisions of the Formal Grievance Procedure ........................................33 Section F Formal Grievance Procedure Steps ........................................................................35

ARTICLE 11

OUTSIDE EMPLOYMENT

Section A
General Statement ..................................................................................................36 Section B Applications for Outside Employment ..................................................................36 Section C Guidelines for Approving Outside Employment ...................................................37 Section D Revocation .............................................................................................................37 Section E Workers' Compensation .........................................................................................38 Section F Unauthorized Outside Employment .......................................................................38

ARTICLE 12

EMPLOYEE RIGHTS

Section A No Discrimination ..................................................................................................38 Section B Public Safety Officers Procedural Bill of Rights ...................................................38 Section C Discipline ...............................................................................................................38

ARTICLE 13

CITY RIGHTS

City Rights .....................................................................................................................................39

ARTICLE 14

FEDERAL - STATE LAWS

Federal - State Laws.......................................................................................................................39

ARTICLE 15

NON-DISCRIMINATION

Non-Discrimination
.......................................................................................................................39

ARTICLE 16

AGENCY SECURITY

Agency Security
.............................................................................................................................40

ARTICLE 17

EMPLOYEE ASSISTANCE PROGRAM

Employee Assistance Program ......................................................................................................40

ARTICLE 18

ECPOA RIGHTS

Section A ECPOA Rights .......................................................................................................40 Section B Dues Deduction ......................................................................................................40 Section C Bulletin Board ........................................................................................................41 Section D Employee Representation ......................................................................................41 Section E Access to Work Locations .....................................................................................41

ARTICLE 19

MODIFIED DUTY

Modified Duty (Section A)
............................................................................................................41 Modified Duty (Sections B - E) .....................................................................................................42

ARTICLE 20

CURRENT PRACTICES

Current Practices ............................................................................................................................42

ARTICLE 21

MAINTENANCE OF BENEFITS

Maintenance of Benefits ................................................................................................................42

ARTICLE 22

TERMS AND RENEGOTIATION

Terms and Renegotiation ...............................................................................................................43 Signature Page ...............................................................................................................................44

1 ARTICLE 1 - INTENT

Pursuant to the provisions of the Meyers-Milias-Brown Act and the Employer-Employee Relations Procedure of the City of El Cajon, this Memorandum of Understanding, hereinafter referred to as an "MOU", is entered into by the staff of the City of El Cajon, hereinafter referred to as the "CITY", and the El Cajon Police Officers' Association, hereinafter referred to as the "ECPOA", which is to be in effect through June 30, 2027.

The purpose of this MOU is to provide orderly procedures for the administration of employer - employee relations between the City and the ECPOA, for the establishment of fair and reasonable wages, hours and other conditions of employment for employees in the classifications of Police Officer, Police Corporal and Police Sergeant, hereinafter referred to as the "EMPLOYEE(S)", and for the peaceful and equitable resolution of disputes arising thereof. This MOU specifically excludes “Police Recruits”, who are non-sworn Police Academy attendees, until such time as they become sworn Police Officers.

This MOU has been reached through the process of "Meet and Confer" with the objectives of fostering effective cooperation between the CITY and its EMPLOYEES.

ARTICLE 2 - RECOGNITION

The ECPOA is recognized as the majority representative for employees in the classifications of Police Officer, Police Corporal, and Police Sergeant.

ARTICLE 3 – COMPENSATION

SECTION A. Salary

Police Officer, Police Corporal and Police Sergeant

EMPLOYEES shall receive the following salary increases to be reflected in the salary schedules of each classification. Increases will be applied as follows:

1. Merit Increases (if applicable)

2. Market Adjustment (if applicable)

3. Cost of Living Increases

The compensation plan for represented employees in this classification shall be as described in the Citywide Compensation Plan. (Per Personnel Rule 9.2.1, Police Officer Probationary Period, the probationary period for open enrollee and lateral hire Police Officers shall be twelve full calendar months.)

2 Market Adjustments:

(1) Effective on the first paycheck issued in July 2024: 4% salary increase for all represented employees

(2) Effective on the first paycheck issued in July 2 025: 2% salary increase for all represented employees

(3) Effective on the first paycheck issued in July 2026: 2% salary increase for all represented employees

Cost of Living Increases:

(1) Effective on the first paycheck issued in July 2024: 3% salary increas e for all represented employees

(2) Effective on the first paycheck issued in July 2025: 3% salary increase for all represented employees

(3) Effective on the first paycheck issued in July 2026: 3% salary increase for all represented employees

SECTION B. Normal Advancements for All Represented Classifications

Advancement to Step 2 is an incentive adjustment to encourage EMPLOYEES to improve their work. EMPLOYEES shall be made eligible for this adjustment if they were appointed to Step 1 and if they have completed six months service in Step 1. Upon completion of at least one year of service in step 2 and higher, an EMPLOYEE may be advanced to the next highest step. Steps 3 and higher are provided for EMPLOYEES who are fully qualified, experienced and meeting performance standards in their work.

SECTION C. Application of the Compensation Schedule

The salary range as set forth for each classification shall be applied in accordance with the following:

(1) New Appointments

The minimum step for the class shall generally apply to EMPLOYEES upon original appointment. When circumstances warrant it, however, an original appointment or reinstatement may be made at a step other than the minimum. The City Manager shall decide each case based in part on the experience and training of each EMPLOYEE involved and according to the needs of the CITY.

3 (2) Advancement Provisions

No salary advancement shall be made so as to exceed any maximum step established in the compensation schedule for the class to which the advanced E MPLOYEE'S position is allocated. Advancement shall depend upon increased service value of an EMPLOYEE to the CITY as exemplified by the recommendations of his/her department head, length of service, performance record, special training undertaken, or other pertinent evidence, within the advancement policy established by the compensation schedule. The advancement of an EMPLOYEE, therefore, is one in which actual merit and not time alone governs.

EMPLOYEES shall be recommended for pay increases then, only w hen they clearly deserve advancement as indicated by at least a competent rating on their last performance evaluation, and not simply according to the lapse of a time period.

SECTION D. Promotion to Another Class

Upon promotion, EMPLOYEES shall receive a five percent increase in pay, subject to the following conditions: The position held by the EMPLOYEE immediately prior to the promotion must have been held under a regular or probationary appointment. EMPLOYEES shall be paid at a rate which is at least as high as they would receive if they were entering the classified service in the class to which they are promoted.

SECTION E. Pay Increases Other Than Advancement and Promotion

The provision governing the granting of pay increases specified in Section D -2 shall apply to all pay increases as well as advancements.

SECTION F. Transfer to Assignment Within the Classification

(1) When a transfer of assignment is made within a given classification, there shall be no salary increase or decrease because of such transfer.

(2) Voluntary Demotion: An EMPLOYEE may request a voluntary demotion for any reason.

Such voluntary demotion shall require the recommendation of the EMPLOYEE's Department Head and the approval of the City Manager. Voluntary demotions shall not result in salary increases. Voluntary demotions are permitted between bargaining groups so long as the employee requesting demotion meets the minimum qualifications of the classification to which he/she seeks demotion and a vacancy in the requested classification exists at the time of demotion.

An EMPLOYEE taking such a voluntary demotion shall be placed in the appropriate salary range of the classification to which the EMPLOYEE is taking the voluntary demotion, that

4 would be commensurate with the salary said EMPLOYEE would have been receiving had said EMPLOYEE remained in his/her old job classification.

Voluntary demotion as a result of an impending layoff shall be in accordance with the provisions of the applicable section of Article 8.

SECTION G. Inequitable Compensation

If, in the opinion of the City Manager, provisions of this Article result in compensating EMPLOYEES at an inequitably low step compared to other EMPLOYEES in the same class, the City Manager may raise such salary to the step deemed most equitable. Such action shall not be contrary to the general intent and spirit of this Article. If a disagreement arises between a petitioning party and the City Manager as to whether an inequity exists or not, the petitioning party may use the normal appeal and/or grievance procedure as set out in this MOU.

SECTION H. Paydays/Early Checks

(1) Payday
The CITY'S regular payday shall be every other Friday. Every effort will be made to distribute paychecks at this time. In the event of unforeseeabl e delays, delivery of paychecks will be made as expeditiously as possible.

(2) Early Paychecks
The CITY will attempt to deliver the bi-weekly paychecks to EMPLOYEES prior to 11:00 p.m. on the Thursday preceding the normal Friday payday. It would be mutua lly understood, however, that this normal payday will remain as Friday and the CITY would be under no contractual liability to assure delivery on any day other than a normal payday.

SECTION I. Workday/Workweek

UNIFORMED PERSONNEL The work day normally s hall consist of eight (8) consecutive hours except for interruptions for two (2) ten minute rest breaks, one thirty minute lunch break, and a "shift meeting". In the event the EMPLOYEE must respond to a call for service during a rest or lunch break, the EMPLOYEE will be compensated for the time only as part of the normal eight-hour shift, and shall not be entitled to any form of overtime compensation.

UNIFORMED PERSONNEL/PATROL The work day shall consist of twelve and one half (12 ½) consecutive hours except for interruptions for two (2) fifteen (15) minute rest breaks and one forty-five (45) minute lunch break. In the event the Employee must respond to a call for service during a rest or lunch break, the EMPLOYEE will be compensated for the time only as part of the normal twelve-hour shift, and shall not be entitled to any form of overtime compensation.

The normal work week shall consist of three (3) consecutive days of work and four (4) scheduled consecutive days off, with a ten- hour “make-up” day every four weeks, except during regularly scheduled shift changes and/or divisional transfers.

5 Employees who are assigned to the overlap or evening shift and required to attend court or mandatory training between their work days may use up to eight (8) hours of compensatory time off or vacation leave before starting the next shift.

NON-UNIFORMED PERSONNEL The work day normally shall consist of eight and one-half (8 1/2) consecutive hours except for interruptions for two (2) fifteen-minute rest breaks, one thirty- minute lunch break, and a "shift meeting". In the event the EMPLOYEE must respond to a call for service during a lunch break, the EMPLOYEE will be entitled to overtime compensation.

The normal work week shall consist of five (5) consecutive days of w ork and two (2) scheduled consecutive days off, except during regularly scheduled shift changes and/or divisional transfers.

Probationary Police Officers will be exempted from the provisions of the normal work week schedule during phase training periods.

SECTION J. Alternative Work Schedules

Alternative work schedules such as the 9/80 plan, 4/10, 3/12 or others may be instituted in accordance with Federal law as the needs of the City permit and may continue indefinitely However, at any time during the term of this contract, it is agreed that meet and confer shall be re- opened on the subject of the patrol 3/12 work schedule upon the request of either the City or the ECPOA. Unless the parties agree otherwise, any changes to the 3/12 patrol work schedule shall require five (5) months advance notice prior to implementation.

Prior to implementation of an alternative work schedule for a work group, the Association shall be notified and the City shall meet and confer, if requested, regarding the work rules under which the alternative work schedule shall operate.

The City has implemented a 4/10 work schedule for non- uniformed assignments. The Chief of Police shall have the discretion to continue or discontinue the program, as any other alternative work schedule.

ARTICLE 4 - PREMIUM PAY

SECTION A. Overtime

The City declares the 7k exemption as permitted under the F.L.S.A.

The work period for sworn employees shall be 160 hours in 28 days. "Hours worked" shall include court time, training, paid vacation and com pensatory time off, paid sick leave, weapons qualification and any portion of scheduled shifts. Overtime premium pay of time and one -half shall be paid for hours worked (a) in excess of 160 hours during the 28- day work period, (b) on the employee's schedu led day off, (c) upon being called back or held over after the employee's

6 scheduled shift. Shifts shall not be altered to avoid the payment of overtime. The hours of day of an employee’s shift shall not be altered in order to avoid the payment of overtime except when a full shift is changed for training purposes.

The smallest unit of time worked to be credited as overtime shall be set out in the Fair Labor Standards Act as amended (FLSA).

When an employee receives a scheduled duty overtime assignment, th e employee shall receive travel time, at the overtime rate, for the ½ hour prior to and the ½ hour after the scheduled duty overtime.

In those instances when the scheduled overtime continues into the regularly scheduled shift, the employee shall only be paid overtime for that period prior to the start of said shift including travel time of ½ hour. When scheduled overtime extends beyond a regularly scheduled shift, the employee shall only be paid overtime for that period after the conclusion of said shift, including travel time of ½ hour.

Other overtime shall be paid pursuant to the provisions contained in this Article.

SECTION B. Off-duty Medical Appointments for Work-related Injuries

Any officer with work-related injuries who has returned to work status and is assigned to a shift which commences at 2:30 p.m. or later is entitled to overtime pay for time spent at a medical practitioner appointment or treatment. Any officer who has returned to work status and is assigned to a shift which commences prior to 2:30 p.m. is entitled to overtime pay for time spent at a medical practitioner appointment or treatment only in the case where the officer is utilizing the City of El Cajon's designated clinic or referred specialist from that clinic and, after a good faith effort, is not able to schedule appointments during the assigned working hours of the officer. Officers who have working hours between 8:00 a.m. and 3:00 p.m., who feel that it is impractical or very difficult to schedule medical practitioner appointments or medical treatment appointments during those "normal" working hours, may process a written request substantiating their position, and these will be considered on an ad hoc basis by City Management. Officers who schedule such appointments during vacation leave shall also be eligible to receive their regular rate of pay charged as work time.

SECTION C. Compensatory Time

EMPLOYEES covered by this MOU shall be paid for overtime in either cash or compensatory time off (CTO) at a time and one- half rate at the EMPLOYEE'S option. EMPLOYEES shall not accumulate more than 80 hours of CTO . Once 80 hours have accrued, all additional overtime hours shall be taken in cash. However, 24 hours of CTO can be accrued above the 80 hour cap (104 hours in total), when those hours are the result of mandatory training during off-duty hours.

7 SECTION D. Court Time

(1) Following is the overtime procedure when an eligible EMPLOYEE is required to appear before a judicial, legislative or administrative entity with the power of subpoena:

a. San Diego Superior Court – El Cajon

In addition to one (1) hour travel and preparation time, EMPLOYEES shall receive a minimum of three (3) hours pay, at the normal overtime rate, when they are responding to subpoenas outside of their norma l work day or work week. For EMPLOYEES assigned to midnight shift, will run time concurrent with “Dead Time, not to exceed a combined total of 4 hours (see (2) below)

b. Superior Court or other judicial, legislative or administrative entity with the power of subpoena located in downtown San Diego:

In addition to the one (1) hour of travel and preparation time, EMPLOYEES shall receive a minimum of four (4) hours pay, at the overtime rate, when they are responding to subpoenas.

In those instances where t he court appearance is continued into the regularly scheduled shift, the EMPLOYEE shall only be paid court pay for that period prior to start of said shift including travel time of 1/2 hour. The same applies to the court appearances that extend beyond a regular shift.

c. Department of Motor Vehicles or other judicial, legislative or administrative entity with the power of subpoena and the ability to hold telephonic hearings:

EMPLOYEES shall receive a minimum of two (2) hours pay, at the overtime rate, when they are responding to subpoenas outside of their normal work day or work week. EMPLOYEES shall not receive an additional thirty (30) minutes travel and preparation time for telephonic hearings due to the fact that they are not required to travel in response to the subpoena.

EMPLOYEES who are subpoenaed for a telephonic hearing are responsible to be available at the time of the subpoena and for a period up to one (1) hour after the subpoena time, or until released by the subpoenaing authority.

(2) Court "Dead Time" Pay

a. This procedure shall apply only when an EMPLOYEE assigned to the midnight shift (5:30 p.m. - 6:00 a.m.) is required to appear before an administrative entity with the power of subpoena (including Superior Court), or testify telephonically before an

8 administrative entity with the power of subpoena (including the Department of Motor Vehicles), following the end of shift.

b. EMPLOYEES who meet the above criteria will be compensated 2 hours pay plus any actual time spent in court or testifying, both at the overtime rate . “Dead Time’ will be combined with the court minimum, not to exceed a combined total of 4 hours (see (1) a. above.)

c. This shall supersede the overtime and travel provisions for these EMPLOYEES as outlined above, and shall apply to any a.m. court time.

(3) Court Time (If applicable, see (1) and (2) above)

a. Officers required to attend court involving two court cases requiring both morning and afternoon attendance will receive two and one-half hours minimum court pay for each appearance where there is a break between court appearances. A break between court appearances will be recognized for the purpose of this Agreement when an officer finishes a morning court appearance prior to 12:00 p.m., and the officer returns for the second court appearance for the afternoon court session.

SECTION E. Call-out

(1) Employees shall receive a minimum of two (2) hours pay, at the overtime rate, when reporting for unscheduled or unplanned duty outside their regularly scheduled shifts.

Employees shall also be compensated for the ½ hour prior and the ½ hour after the call - out, in addition to the total hours worked, at the overtime rate. An unscheduled or unplanned event shall be defined as one in which less than seven calendar days’ notice was provided.

(2) In those instances where the call continues into the regularly scheduled shift, only the ½ hour prior to the call-out will be credited.

(3) In addition, the ½ hour after the shift will not be credited in those instances where th e officer is required to remain on duty after completion of the regularly scheduled shift.

SECTION F. Temporary Upgrade

(1) If an EMPLOYEE is temporarily assigned to a higher position by his/her supervisor and said assignment is approved by the City Manager , then the EMPLOYEE shall be granted a temporary advancement of not more 10% for the period of time in excess of eighty (80) cumulative hours per calendar year the EMPLOYEE is required to perform such duties.

At the conclusion of such assignment, the EMPL OYEE'S salary shall be reduced to the normal step prescribed for their classification, had they remained in that classification.

9 (2) Under special circumstances , when deemed necessary by the Chief of Police, an EMPLOYEE may temporarily be assigned to a position represented by the El Cajon Police Officer Association Management Group (EPOAMG). W hen an EMPLOYEE is temporarily assigned to a position represented by (ECPOAMG), the EMPLOYEE shall be granted a temporary advancement equivalent to the greatest of 5% or Step “1” of the classification to which the EMPLOYEE would be in if promoted to the position. The temporary advancement will also be in accordance with Article 4 (I)(2) of this MOU, and Article 5(B) of the ECPOAMG MOU which outlines the promotional calculat ion from Police Sergeant to Police Lieutenant, and states: For purposes of calculating the minimum 5% promotional base rate from Police Sergeant to Police Lieutenant, the POA educational incentive amount for Advanced POST will be included with the base pay rate of Police Sergeant. Additional incentives, under this MOU will be applied after this promotional base rate calculation.

SECTION G. Bilingual Pay

The City agrees to designate positions as bilingual based on community or department needs. Such designated positions shall be reviewed annually to determine the Department’s needs with respect to shifts, employees’ days of availability and division assignments.

Those who apply shall have at least a satisfactory rating on their most recent performan ce report and be certified as proficient by a language professional designated by the City. They will receive $120/month compensation and may resign or be relieved of this duty if the employee’s or Department’s needs require.

SECTION H. Shift Differential Pay

EMPLOYEES are eligible for Shift Differential Pay if they fall under the following conditions:

(1) If an EMPLOYEE works 50% or more of their regularly scheduled work days on weekend days, they will get a 3% salary increase while assigned to that regular schedule; OR

10 (2) If an EMPLOYEE works 50% or more of their regularly scheduled hours on midnight shift, they will get a 2% salary increase while assigned to that regular schedule; OR

(3) If an EMPLOYEE works 50% or more of their regularly scheduled work days on weekend days and works the majority of their hours on midnight shift, they will get a 5% salary increase while assigned to that regular schedule.

(4) “Weekend” days are defined as Friday, Saturday, and Sunday.

(5) “Midnight” shift is defined as 50% or more of the shift hours between 9:00 PM and 6:00 AM.

(6) EMPLOYEES who work overtime on shifts described above will not be eligible for shift differential pay unless the EMPLOYEE is regularly assigned to shifts described above.

SECTION I. Law Enforcement Longevity Incentive

(1) a. If an EMPLOYEE has ten (10) years of sworn law enforcement service as defined by California POST and is approved by Human Resources, the employee will receive a 2% salary increase; OR

b. If an EMPLOYEE has twenty (20) years of swo rn law enforcement service as defined by California POST and is approved by Human Resources, the employee will receive a 5% salary increase.

(2) For purposes of calculating promotion from Police Sergeant to a position covered by the El Cajon Police Officers Association Management Group (ECPOA-MG), if the EMPLOYEE is earning the Law Enforcement Longevity Incentive, this incentive amount will be rolled into the base pay rate of Police Sergeant to determine the promotional base rate for the position in ECPOA-MG.

ARTICLE 5 - PERQUISITES

SECTION A. Uniform and Equipment Allowance

(1) a. The annual uniform and equipment allowance shall be $1,000 per year. Employees assigned to the Special Weapons and Tactics Team (SWAT) shall receive an additional $300 per year. The uniform allowance policy for newly-hired sworn EMPLOYEES shall be prorated over the twelve month period, from the actual hire date to the following July 1st. Yearly distribution will be made during the month of July.

b. Supervisors shall ensure professional appearance of police personnel.

(2) Vests

11 The CITY agrees to supply protective vests in accordance with Police Department Policies.

SECTION B. Educational Incentive Program

The Educational Incentive Program is adopted for the benefit of the EMPLOYEES in recognition of certain specified educational and/or professional achievements. The EMPLOYEES represented may receive the specified additional compensation only under one of the formulas listed below.

In addition to the requirements below, to be eligible for the additional compensation, each EMPLOYEE must be a regular EMPLOYEE of the City with at least twenty-four (24) months of sworn law enforcement experience with the CITY to receive the benefit. For Lateral Officers, must be a regular EMPLOYEE of the City with at least one full year of fulltime experience as a lateral police officer.

It is the personal responsibility of each EMPLOYEE to forward proper documentation to the Director of Human Resources - documents which certify their eligibility. Additional compensation will not commence until these documents have been received. For purposes of this section, reference to Associate of Arts, Associate of Science or Baccalaureate degrees, in order to receive additional compensation, the degree must be from an accredited educational institution approved by the Council on Post Secondary Education. For purposes of this section, POST incentives will be awarded effective the date the certificate is issued by POST.

As of July 2022 the incentives are:

(1) A 2 1/2% salary increase for EMPLOYEES who possess an Associate of Arts or Associate of Science Degree in Criminology or Police Science. Once this salary increase is awarded, it shall continue regardless of future promotions to higher non-management positions.

(2) A 3% salary increase for EMPLOYEES who possess an Intermediate POST Certificate.

Once this salary increase is awarded, it shall continue regardless of future promotions to higher non-management positions.

(3) A 5% salary increas e for EMPLOYEES who possess a Baccalaureate Degree in any academic field. Once this salary increase is awarded, it shall continue regardless of future promotions to higher non-management positions.

(4) A 10% salary increase for EMPLOYEES who possess an Advanced POST Certificate.

Once this salary increase is awarded, it shall continue regardless of future promotions to higher non-management positions.

12 AND

(5) A 5% salary increase for EMPLOYEES who possess a Supervisor POST Certificate. Once this salary increase is awarded, it shall continue regardless of future promotions to higher non-management positions.

SECTION C. Travel Reimbursement

The travel reimbursement allowance will be the rate established by the IRS at the time of reimbursement for those EMPLOYEES required to use their personal vehicles for CITY business.

Reimbursement shall be in accordance with current CITY travel allowance policy.

No separate meal allowance or reimbursement shall be provided when the event attended provides a meal in the admission price.

The City will not reimburse the cost of alcoholic beverages.

EMPLOYEES agree to adhere to the City’s Administrative Policy E-4, Travel and Meetings.

SECTION D. Tuition and Book Reimbursement

(1) Qualifications

Tuition and the cost of books actually paid will be refunded to all regular CITY EMPLOYEES with at least a competent rating on the most recent performance report for professional and technical courses taken in accredited educational institutions provided that:

a. The subject matter of the course relates directly to and contributes toward the performance of the EMPLOYEE's position with the CITY.

b. Before receiving reimbursement, the EMPLOYEE shall furnish evidence that he/she has completed the course work with a grade of "C" or better in undergraduate work, and a grade of "B" or better in graduate work, except where an average grade of "C" is acceptable for graduation by the educational institution.

c. POST schools or seminars, career development, non- POST schools or conferences are eligible for reimbursement of tuition only if proof of payment and attendance is submitted. These do not require grades and must be taken on the employee's own time. Additionally, all EMPLOYEES may apply this allowance toward rela ted lodging, meals, and other travel costs in compliance with in the City’s Administrative Policy E-4, Travel and Meetings.

13 Reimbursement is subject to prior approval by the Chief of Police

(2) Maximum Reimbursement

The maximum reimbursement for any course or courses shall be $1,500.00 per individual per fiscal year, and no reimbursement will be made for any course aggregated in excess of six units in any one semester.

(3) Administration

The responsibility for administering this plan is placed with the Director of Finance.

SECTION E. Deferred Compensation

(1) The CITY agrees to continue to provide an Internal Revenue Code Section 457 Deferred Compensation Plan.

(2) The City Manager is designated as the Plan Administrator. He/she may appoint a Deputy Plan Administrator.
(3) The CITY shall monitor, administer and account for all funds distributed as deferred compensation, and shall charge no fees of any kind to the EMPLOYEES or against funds deposited on behalf of the EMPLOYEES.

(4) When a participant in the Plan becomes eligible to collect all accumulated funds deferred on his/her behalf, the City shall disburse funds according to the EMPLOYEE's participation agreement.

SECTION F. Field Training Officer (FTO) Incentive Pay

EMPLOYEES in the classifications of Police Officer and Police Corporal who are approved Field Training Officers (FTOs), and serve three (3) scheduled work shifts in this capacity, shall be eligible for an incentive pay of $175.00 per month while serving in this capacity. EMPLOYEES who serve three (3) scheduled shifts that fall in two (2) calendar months will qualify for FTO pay (e.g. June 29, 30, July 1). EMPLOYEE will also be able to receive compensation for the second month if serving as an FTO for an additional three (3) shifts. Criteria for and selection of EMPLOYEES who shall be assigned as FTO is set forth in Department General Orders.

COMPENSATION

The current phase training program is sixteen (16) weeks long. Each phase is divided up into four (4) week blocks w ith phase II and IV divided between Patrol, Traffic and Communication assignments respectively. Generally, FTO pay will not be granted to those FTOs who "fill in" (because of special leave, injury, illness, etc.) for the regular FTO for periods of time le ss than three scheduled shifts.

14 It is the responsibility of the FTO to complete an FTO Assignment Form when he/she believes they are due compensation. (To insure timely compensation, the form should be completed as soon as the FTO has met the minimum req uirement). That form will be approved by the FTO's supervisor and forwarded through the chain of command to the Human Resources Department. A copy of the form will be sent to the scheduling Lieutenant.

Compensation shall be paid no later than the fourth Friday after application has been made by the FTO.

SECTION G. Canine Officer Pay

The City agrees to compensate EMPLOYEES actively participating in the department canine program at the rate of 30 minutes per day (7 days per week while assigned as canine officer), to be paid at 1.5 times the employee’s regular rate of pay, for the care, feeding and grooming of the canine, including cleaning of the vehicle used to transport the canine. The City and ECPOA have reviewed this issue and determined that 30 minutes per day accurately reflects the amount of time spent by the canine officer on these activities. The EMPLOYEE may select either cash or compensatory time. Review shall be made by the Operations Captain's or designee's signature on a regular overtime slip and submitted with the department payroll.

ARTICLE 6 - HEALTH AND WELFARE

SECTION A. Medical Insurance

The CITY agrees to continue the CalPERS Health Benefits Program that was adopted January 1, 1986. From the total allotted under the cafeteria benefit, the CITY agrees to pay to CalPERS the Public Employees’ Medical and Hospital Care Act (PEMHCA) statutory minimum, toward the cost of any CalPERS health plan which the EMPLOYEE chooses, if any. This shall be the amount contributed by the City on behalf of retirees as well. The EMPLOYEE agrees to be liable for the difference between the total cost of the health plan chosen and the CITY'S contribution of the PEMHCA statutory minimum. This benefit shall be part of the Section 125 cafeteria plan.

SECTION B. Dental Insurance

The CITY agrees to offer the EMPLOYEES a choice of PPO and DHMO dental insurance options.

This benefit shall be an option within part of the Section 125 cafeteria benefit plan.

SECTION C. Life Insurance

The CITY agrees to continue to provide term life insurance in the amount of $25,000 per EMPLOYEE, for which the CITY agrees to pay the cost.

15 SECTION D. Cafeteria Benefit Plan

The CITY implemented an Internal Revenue Code Section 125 cafeteria plan ("PLAN") on or about August 1, 1989. The PLAN contains a provision for employer contribution and EMPLOYEE flexible spending accounts. The PLAN, if practical, shall be written to provide for all allowable benefits. This MOU shall control which of those benefits are utilized and the dollar amount of any employer contribution. Whereas the CITY will continue to make available individual term life insurance, such insurance will not be part of the PLAN and must be paid by the EMPLOYEE as a normal payroll after-tax deduction.

The monthly cafeteria plan allowances will be as follows:

Effective January 1, 2025: $1,700/month
Effective January 1, 2026: $1,750/month
Effective January 1, 2027: $1,800/month

Each EMPLOYEE who elects coverage from a CalPERS ’ health plan shall have the PEMHCA statutory minimum paid by the City to CalPERS (See Section A of this Article) for that benefit, with the balance of the cafeteria benefit allowance available for other cafeteria selections or taxable cash. An EMPLOYEE who elects not to be covered under a CalPERS health insurance plan may use the total cafeteria benefit allowance for other eligible benefits.

In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the EMPLOYEE's salary as a "salary reductio n" item; i.e., paid with before -tax dollars. If the allowance exceeds the total cost of benefits selected, the difference shall be paid to the EMPLOYEE in cash (Cash in lieu). On January 1, 2020, the maximum cash in lieu amount an employee is eligible to receive was capped to $287.50/month.

All employees must enroll in an available City health program unless they opt out. An employee may receive cash in lieu, as specified above, for opting out of the City’s health program if he/she:

(1) provides proof t hat the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and

(2) signs an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made and the City will not in fact make payment if the employer knows or has reason to know that the employee or tax family member doesn’t

16 have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

The City may reopen negotiations on the issue of health insurance benefits or cafeteria plan (including, as to both, but not limited to, plan benefits or structure, City or employee contributions and/or opt out amount or requirements) in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction.

SECTION E. Retirement Systems (PERS)

The CITY entered into a contract with the Public Employees' Retirement System, hereinafter referred to as PERS, effective January 1, 1959.

(1) The following benefits were put into effect for ECPOA members:

a. One year Highest Compensation (Government Code Section 20042) [unless subject to section (7) below] and

b. Post Retirement Survivor Allowance (Government Code Sections 21624, 21626 and 21628).

(2) Retirement - Formula 1959 Survivor Benefit

a. Employees Hired Before March 11, 2011:

The City agrees to contract with PERS to provide the 3% @ 50 enhanced retirement benefit pursuant to Sec tion 21362.2 of the Government Code . Said benefit shall be effective June 30, 2002 unless Sections (E)(2)(d) or (E)(3) of this Article apply.

b. Employees Hired On or After March 11, 2011:

The parties acknowledge that the City has amended its contract with PERS to provide for a 3% at 55 retirement formula with “Final Compensation” – Three Years – State or Local member” (Section 20037) for unit members, who are not subject to Section (E)(3) of this Article.

(3) New Members

Employees who qualify as “New Members” as that term is defined by the C alifornia Public Employees’ Pension Reform Act of 2013 (“PEPRA”) shall have the benefits that are required by PEPRA, which include, but are not limited to:

a. 2.7% @ 57 retirement formula;

17 b. 3 year final compensation;

c. Pay employee contribution equal to 50% of normal cost and no Employer Paid Member Contributions; and

d. Stricter limits on reportable compensation (referred to as “pensionable compensation” under PEPRA).

(4) Military Service Credit

a. The contract with PERS allow s eligible EMPLOYEES to receive m ilitary service credit as outlined in Section 21024 of the Government Code.

b. The contract with PERS states that after October 1, 1977, any EMPLOYEE electing to receive military credit toward retirement shall pay the cost of the time credited.

(5) Sick Leave Credit

a. The contract with PERS allows unused sick leave as retirement credit as outlined in Section 20965 of the Government Code . At retirement, EMPLOYEES will be allowed to elect to participate in the unused sick leave reimbursement program. This will have no effect on the annual unused sick leave conversion program.

(6) No City Paid Employee Contribution

a. Currently, the EMPLOYEE pays the 9% EMPLOYEE'S share of the retirement cost.

Any State mandated or other increases in the cost of the retirement system resulting from increases in the benefit level of the current plan are subject to future negotiations between the CITY and the ECPOA. Any such cost increases will not automatically be absorbed by the CITY as part of the fully paid plan.

b. In 1999, the City agreed to adopt CalPERS Section 20636(c) whereby the Employer Paid Member Contributions are reported to CalPERS as compensation. Employer Paid Member Contributions equal 0% during the term of this MOU.

(7) Normal Cost for Classic Sworn Members:

a. Classic sworn members contribute 1% of compensation earnable toward the employee contribution to CalPERS via payroll deductions pursuant to Government Code section 20516(a) effective with the first paycheck in July 2025.

b. Classic sworn members shall contribute another 1% of compensation earnable (total= 2%) toward the employee contribution to CalPERS via payroll deductions pursuant to

18 Government Code section 20516(a) effective with the first paycheck in July 2026.

c. In the event that this MOU expires without a successor MOU already in place, the City and Association agree that they intend the employee normal cost contributions described above shall continue after the expiration of the MOU.

(8) Third Level Survivors' Benefits

The CITY agreed to amend its contract with PERS to provide the third level of 1959 Survivors' Benefits effective August 13, 1995.

SECTION F. Retiree Medical Trust

(1) Participation

ECPOA will establish participation in a retiree medical plan administered by the PORAC Retiree Medical Trust (TRUST), and the cost of establishing the TRUST shall be of no cost to the CITY. This plan is designed to permit organizations representing employees to designate on a pre-tax basis salary to help pay for health insurance costs when the employee is no longer working for the CITY . The TRUST shall be and remain separate and apart from any Cafeteria Benefit Plan the CITY offers. The CITY is not a party to the TRUST, aside from solely transferring funds and providing EMPLOYEE reports , and has no obligation or liability to the management, regulatory compliance, and/or performance of the TRUST.

EMPLOYEES represented by this MOU are required to participate in the TRUST as soon as the TRUST accepts the POA’s membership.

(2) Contributions

The CITY will transfer a pre- tax employer contribution of $50 per month for each EMPLOYEE into the TRUST , which the CITY shall remit monthly to the TRUST’s administrator, accompanied by a list of contributing employees. There shall be no employee election to take the amount in cash.

The CITY will transfer a pre-tax employee contribution of $50 per month, which the CITY shall automatically deduct from the salary of each EMPLOYEE and remit monthly to the TRUST’s administrator, accompanied by a list of contributing em ployees. These contributions shall be included as a salary for the purpose of calculating employee retirement benefits. There shall be no employee election to take the amount in cash.

19 ARTICLE 7 - LEAVES - TIME OFF

SECTION A. Vacation

(1) Earned Vacation - Full Time

Each EMPLOYEE shall be credited with annual vacation according to the number of months of continuous, uninterrupted, full-time service as follows:

(2) Vacation Accrual Rate

EMPLOYEES shall receive vacation and vacation in lieu of the current twelve (12) holidays (New Year's Day, Martin Luther King, Jr.’s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Admissions Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday following Thanksgiving Day and Christmas Day) in accordance with the following schedule:

a. 6.75 working hours of vacation/vacation in lieu accrued and credited bi-weekly from the date of hire until completion of the 60th month;

b. 8.28 working hours of vacation/ vacation in lieu accrued and credited bi -weekly following completion of the 60th month through the 180th month;

c. 9.82 working hours of vacation/ vacation in lieu accrued and credited bi -weekly following completion of the 180th and succeeding months of service.

(3) Vacation Credit Accumulation

If an EMPLOYEE does not take all of the vacation to which he/she is entitled to in any fiscal year, he/she shall be allowed to accumulate the balance to be taken in a subsequent fiscal year.

a. Maximum Vacation Accumulation

(i) No employee shall accrue vacation unless his/her balance is below 480 hours. (ii) The City will provide a “cashout” option with no cap on cash out. Employees must have taken 80 hours during previous year to qualify for cash out. (iii) Employees can only exceed cap if there is a documented industrial or non- industrial injury/illness leave, or a denial of use within preceding 12 months. The cap will then be extended by the amount of time off, or by the amount denied for one year from date of denial.

b. Unused Vacation at Separation

20 Regular EMPLOYEES who separate from the CITY, whether voluntarily or involuntarily, shall be paid for all of the unused vacation time.

(4) Vacation Schedules

The EMPLOYEE shall select his/her vacation based on seniority and the Department Head shall approve or deny said request based on the needs of the Department.

(5) Vacation Usage

EMPLOYEES shall normally use a 40 -hour block of vacation at least once each year.

Requests to take more than two times the annual vacation in any one year will not normally be considered. If extenuating circumstances exist, such requests must have the approval of the Chief of Police, or Designee.

All newly hired employees shall be eligible for vacation immediately once they accrue a balance of leave time and otherwise satisfy the requirements to use vacation.

(6) The times during the calendar year at which an EMPLOYEE may take vacation leave either one-day at a time or in weekly increments shall be determined by:

a. A vacation list posted in the depart ment no later than October of each year for the following year. EMPLOYEES shall have preference to select a block of up to two (2) times their annual allowance on a strictly seniority basis (first by rank, then by time in rank). After all EMPLOYEES have had an opportunity to exercise their rights the first time then the process shall be repeated a second time. After all EMPLOYEES have exercised their right to vacation based on the above, an EMPLOYEE may then request additional time off on said vacation list, on a first come first serve basis, subject to availability of said time slots. Once vacations have been selected on the vacation list, said vacations cannot be changed by either the Department or the EMPLOYEE except in exigent circumstances.

The following are the minimum number of vacation slots that will be available per week:

Patrol 7 (2 Sgts. & 1 Agt. & 4 Officers); Investigations 2 (1 Sgt. & 1 Agt. or 1 Officer); Traffic 1 (1 Sgt. or 1 Agt. or 1 Officer)

b. By requesting to the Department with at least five (5) days’ notice , except in cases of bona fide emergencies, an EMPLOYEE may request additional vacation time off.

Requests under this Section shall be subject to staffing requirements, and the Department shall not unreasonably deny said request. The Department shall approve or deny said request within 72 hours after receiving the request.

21 (7) Vacation Cash Conversion

Any EMPLOYEE who has used a minimum of 80 hours vacation hours during the preceding calendar year (ex. February 1 through January 31) may cash out accrued unused vacation days during the following month, with no cap.

If an eligible EMPLOYEE attaches proof that 80 hours of vacation has been taken within the prescribed period, payment will be made within 10 City Hall working days following receipt by the Human Resources Department. If the form is submitted without proof, the request will be processed as soon as reasonably possible thereafter.

SECTION B. Holidays

In the event that the City Council grants a one-time additional holiday(s) to personnel not covered by this MOU, then the EMPLOYEES covered by this M0U shall be credited immediately with eight (8) hours of vacation for each holiday.

SECTION C. Sick Leave

(1) Sick Leave Application

Sick leave with pay shall be granted to all EMPLOYEES covered by this MOU in accordance with this section. Sick leave shall not be considered as a right which an EMPLOYEE may use at his/her discretion, but shall be allowed only in case of: (1) necessity and actual personal sickness or disability; or (2) to attend to an illness or injury, including time for scheduled doctor or dentist appointment, of a person who is in the relationships to the employee as described in the California Labor Code §233, which currently includes:

Child Parent Spouse
Grand Child Foster Child Adopted Child
Step Child Legal Ward Child of Domestic
Partner
Step Parent Legal Guardian Adoptive Parent
Foster Parent Sibling Parent-in-Law
Grand Parent Registered Domestic Partner Child of Person Standing in Loco
Parentis

Abuse of sick leave privileges, as with all Rules, may be grounds for disciplinary action.

22 a. Compensation Procedure

In order to receive compensation while absent on sick leave, the EMPLOYEE shall notify his/her immediate supervisor or the Departme nt Head one hour prior to the time set for beginning their daily duties.

b. Certificate of Absences

i. In cases of suspected abuse, chronic sick leave use, instances requiring modified duty work assignments, or at the discretion of the City Manager, a physician's certificate may be required regardless of the length of absence.

ii. If EMPLOYEES are placed on the CITY's sick leave abuse program and required to bring a doctor's certificate for an extended period, they will be notified in writing. The noti ce shall include the period of time in question, the reason for placement on the program, what the EMPLOYEE must do while on the program, who the EMPLOYEE is to contact to give information or correct a mistake, the length of time an EMPLOYEE will usually r emain on the program, and the right to file a written response to the Department of Human Resources within 30 days of receipt.

c. Sick Leave Earning Rate

All EMPLOYEES who are paid at a bi-weekly rate shall accrue sick leave at the rate of 3.68 hours per bi-weekly pay period. All unused sick leave may be accumulated.

d. Sick Leave Conversion Privilege

Any employee who has taken 40 hours sick leave or less during the calendar year ending December 30 of each year shall be entitled to either convert up to 40 hours of unused sick leave to vacation leave or receive a cash payment for up to 24 hours, based upon the current compensation rate on an hour -for-hour basis. In no event may an EMPLOYEE select a combination of two options or reduce the accumulated sick leave balance below 192 hours. No prorations shall be made for an EMPLOYEE terminating on or before December 30 of the calendar year. The total numbers of hours converted during an EMPLOYEE’S course of employment will be deducted from reimbursement of unused sick leave at the time of voluntary separation as set forth in Article 7, Section (C)(1)(e).

e. Reimbursement of Unused or Unconverted Sick Leave Upon Separation

23 unused sick leave, less the total number of hours converted to either cash, vacation, or a combination thereof as set forth in Article 7, Section (C)(1)( d). Such reimbursement is to be computed upon the EMPLOYEE'S final compensation rate. (e.g. 600 (balance of sick leave on the books after conversion and use) x .25 = 150; 150-400 (hours converted previously = 0)

f. Unused Sick Leave at Retirement for Health Insurance Premiums

FOR EMPLOYEES HIRED BY THE CITY PRIOR TO JULY 1, 2013 ONLY:

Upon retirement from City employment for service or industrial disability, an EMPLOYEE may elect to use unused sick le ave at its dollar value at retirement (hourly base rate plus any regularly recurring biweekly premium pay, i.e., educational incentives) to pay health insurance premiums in retirement according to the following schedule:

10 through 14 years of service: 25% of the sick leave balance at retirement; 15 through 19 years of service: 50% of the sick leave balance at retirement; 20 + years of service: 75% of the sick leave balance at retirement.

This benefit will be in addition to the PEMHCA contribution the Cit y currently contributes to the Public Employees’ Retirement System for retiree health insurance benefits. The supplemental benefits described above shall be used to pay health insurance premiums for the retiree and dependents, if applicable. However, if the employee is deceased before the funds are exhausted, the supplemental benefits shall cease and the remaining funds shall be the City’s property.

The City elects to self -administer this plan at this time. The City will pay the annualized dollar , equivalent of the Kaiser Employee Plus 1 health insurance premium, once per year in January of each year.

In order to be eligible for this benefit, the EMPLOYEE must have an effective retirement date with CalPERS no more than 120 days from his/her separation date from the City. If the effective retirement date is more than 120 days from the separation date from the City the EMPLOYEE will not be eligible for this benefit.

This benefit may be used in combination with service credit for unused sick leave as described in Article 6, SECTION (E)(5).. Only sick leave not used (i.e., not taken as leave or otherwise cashed out) under this section may be applied to PERS service credit.

24 g. El Cajon Police Officers’ Association Sponsored Long-Term Disability Insurance.

In those instances where employees are enrolled in a long -term disability policy sponsored by the El Cajon Police Officers’ Association (ECPOA), they will be required to exhaust sick leave only for the waiting period specified in the ECPOA’s policy, e.g., 60 days.

(2) Bereavement Leave

Up to twenty -four hours special leave with pay may be granted to a regular or regular - probationary EMPLOYEE in order to discharge the customary obligations arising from the death of a relative who is a member of EMPLOYEE's household or a parent, step- parent, grandparent, sibling or child of employee or employee’s spouse/domestic partner (not required to be a member of the household). Requests for such leave must be approved by the City Manager or designee supported by such facts as may be required. Employees may use up to an additional sixteen hours of sick leave for this purpose.

(3) Compulsory Sick Leave

Verification of fitness for duty shall be made by a physician designated by the CITY, with the same EMPLOYEE right to request a change as set out above, and expenses incurred in securing such verification shall be borne by the CITY. Accrued sick leave and/or vacation may be used for this absence. If balances are exhausted, the City Manager may approve leave without pay up to one year. The object of this rule is to protect the CITY'S interest in having a safe and effective work force and in assisting EMPLOYEES in achieving a level of fitness to perform their duties.

b. EMPLOYEES whose performance is adversely affected by the use of alcoholic beverages, c hemical substances (illicit drugs) or prescribed or unprescribed medications, may be subject to the provisions above. EMPLOYEES whose medication may alter their behavior so as to cause a potential safety problem (e.g. related to operating equipment or rest rictions on being on ladders, at heights or in confined areas) must report the use of medication to their supervisors for modifying their work. EMPLOYEES whose potential safety problem (e.g. related to operating equipment, restrictions on being used on ladders, at heights or in confined areas) must report the use of medication to their supervisor for modifying their work assignments temporarily. Abuse or failure to report could lead to discipline.

25 Any application of this section which results in adverse a ction by the CITY may be appealed to the Personnel Commission.

(4) Family Care and/or Medical Leave

EMPLOYEES shall be granted leave in accordance with the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

All employees are required to report to Human Resources that (1) he/she has a reasonable belief they are entitled to FMLA (2) the expected commencement and duration of said leave; and (3) appropriate documentation to include employee’s work restrictions upon return to work when applicable.

Additional information regarding leave eligibility may be found on the Federal and State website

or with Human Resources.

SECTION D. Military Leave

Any employee who is or becomes a member of the Armed Services, Militia or Organized Reserves of California or the United States shall be entitled to the leaves of absence and employment rights and privileges provided by USERRA and the Military and Veterans Code of the State of California.

SECTION E. Jury and Witness Leave

Every EMPLOYEE shall be entitled to be absent from duty with the CITY when called to serve as a trial juror or as a witness called by a subpoena before a court of law. Under such circumstances, the EMPLOYEE shall be paid the difference between his/her full salary and any payment received by them, except travel pay, for such duty. If jury service or witness time is less than a full work day, the EMPLOYEE is expected to return to work, unless a justification is provided.

SECTION F. Leave of Absence Without Pay

The City Manager may grant a regular or probationary EMPLOYEE leave of absence without pay or accrual of seniority or benefits, for a period not to exceed one year. No such leave shall be granted except upon written request of the EMPLOYEE, setting forth the reason for the request, and approval shall be in writing. Upon e xpiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the EMPLOYEE shall be reinstated in the position held at the time leave was granted. Failure on the part of an EMPLOYEE on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge.

EMPLOYEES making use of this provision who return to duty in one year or less shall return with the seniority status for benefits and working conditions which he/she held prior to the leave. An

26 EMPLOYEE may choose to remain in any group insurance plans by agreeing to pay the full cost, while on a leave of absence.

SECTION G. Workers' Compensation Leave

All compensation received in accordance wi th the provisions of the Labor Code and Workers' Compensation Laws of the State of California shall be deemed to be included in any compensation due from the City by virtue of any grant for sick leave with pay.

SECTION H. Exchange of Shifts

EMPLOYEES shall be allowed to exchange days off and/or shifts with other EMPLOYEES under the following conditions:

a. Requests for exchange of days off shall be submitted in writing, signed by both parties, no less than two (2) days before the first day of exchange. All supervisors involved shall receive a copy of the request.

b. Requests for exchange of shifts between regular EMPLOYEES shall be submitted in writing, signed by both parties, no less than ten (10) days before the first day of the new shift.

Requests for exchange of shifts shall be submitted to the Chief of Police or designee. In cases of verifiable need, an EMPLOYEE may be authorized to exchange shifts after the shift schedule has been finalized. The Department shall not unreasonably deny this request.

c. Exchange of days off or exchange of shifts shall be between generally comparable EMPLOYEES. Both employees shall be employed by the City on the date of the intended exchange and work the exchanged shift.

d. No patrol personnel shall be authorized to remain on the same shift for a period exceeding one (1) year, without the approval of the Chief of Police.

SECTION I. Catastrophic Leave

1. This program allows one or more EMPLOYEES to donate vacation for use by another who, due to extensive or catast rophic illness or injury, has exhausted paid leave and is subsequently facing financial hardship. Each request will be considered on a case -by-case basis.

2. Requests by an EMPLOYEE(S) to donate vacation and/or compensatory time are submitted for approva l to the Director of Human Resources. After considering all issues and consultation with concerned parties, the Director of Human Resources will make a determination. Any request denied by the Director of Human Resources may be appealed to the City Manager. Once approved, vacation credits may be transferred from the donor

27 EMPLOYEE(S) to a "fund" established for recipient EMPLOYEE to be used on an hour - for-hour basis, in accordance with the following conditions:

a. Program is administered City -wide allow ing hours to cross departments and EMPLOYEE bargaining groups. Management EMPLOYEES may also participate.

b. Receiving EMPLOYEE must have exhausted all earned leave (sick leave, compensatory time and vacation/vacation-in- lieu) and will/has entered leave without pay status.

c. EMPLOYEE(S) donating time must transfer a minimum of eight hours and in whole hour increments thereafter.

d. Donated hours are considered a gift to the recipient and irrevocable. Therefore, recipient is not required to "pay back" any hours received.

e. Hours transferred will have an hour -for-hour value with no regard to dollar value of donor v. recipient.

f. Unused hours will remain in the "fund" for future use to be determined by the Director of Human Resources.

g. Once donated leave benefits become payable, temporary recovery may occur resulting in a future period(s) of disability. Approval procedures should not be necessary if periods of disability are separated by temporary recovery of 90 days or less.

h. EMPLOYEES wishing to donate vacation hours must maintain a minimum vacation balance of 80 hours (after donation).

ARTICLE 8 - LAYOFF

SECTION A. Purpose:

To provide a means by which EMPLOYEES are to be demoted when a reduction in force is necessitated by a financial emer gency, the City Council may choose to adopt other alternatives which are legally available to avoid layoffs. Prior to any action being taken, written notice shall be given to the ECPOA.

SECTION B. Determination:

(1) The City Council shall determine, on t he basis of the needs of the CITY, as recommended by the City Manager, which department and classifications shall be subject to layoff in the event a reduction in force is necessitated by lack of funds.

28 (2) In the event a reduction in force is necessitated by a lack of work or the abolishment of positions, the City Manager shall determine which department or classifications shall be subject to layoff based upon the needs of the CITY.

SECTION C. Reduction in Force - Demotion:

Except as otherwise provided, if a vacant position is available during a reduction in workforce, the qualified employee with the greatest length of service in the series affected who is otherwise subject to layoff shall be offered a demotion to the vacant position in lieu of layoff. Whenever two or more EMPLOYEES have identical seniority status, the order of demotion shall be determined by the City Manager on the basis of performance. All persons so demoted shall have their names placed on the classification reinstatement eligible list.

SECTION D. Order of Reduction in Force:

In a reduction-in-force situation, the following order of layoffs shall be followed: (a) Part -time and provisional EMPLOYEES in the affected classification series; (b) Limited term EMPLOYEES in the reverse or der of their classification seniority in the affected class series; (c) Probationary EMPLOYEES in reverse order of their classification seniority in the affected class series; (d)

Should there be a need for further reduction, regular EMPLOYEES in the aff ected classification series shall be involuntarily demoted in reverse order of their classification seniority. (e) Should a reduction in force still be necessary, regular EMPLOYEES shall be laid off in reverse order of their seniority in the affected class series. Any EMPLOYEE so laid off will be given (10) working days’ notice in writing from the City Manager.

SECTION E. Determining Order of Layoff and Demotion For Employees With Identical Seniority:

Should two or more EMPLOYEES have identical classifi cation seniority, the order of layoff and demotion will be determined by length of continuous service in the affected series. Whenever two or more EMPLOYEES have identical service in the affected series, the order of layoff and demotion shall be determined by the City Manager on the basis of performance.

SECTION F. Order and Method of Demotion Pursuant to a Reduction in Force - Bumping:

When required, due to a reduction in force, employees shall be demoted in the following manner:

(1) EMPLOYEES who are involuntarily demoted, who have held regular status in a lower classification, shall have the right to bump EMPLOYEES in a lower classification with less classification seniority. For this purpose, classification seniority shall include the seniority the EMPLOYEE had in any higher classification in the affected class as well as the seniority the EMPLOYEE has in the lower classification that the EMPLOYEE is demoted to.

29 (2) EMPLOYEES who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a City probationary EMPLOYEE in such lower class. They will also be allowed to demote to a lower class if they meet or exceed the employment standards of the lower class and the skills, knowledge, abilities and typical tasks are similar to the class from which they are being demoted. However, an EMPLOYEE may not bump to a lower classification he/she has not previously held where knowledge, skills, abilities and typical tasks are not similar or rela ted to the higher classification. Bumping to a lower classification in the class series will be allowed even though the EMPLOYEE had not previously held a position in the lower classification if the classification has been created or added to the class series following the EMPLOYEE'S promotion to a higher classification in the affected class series, or if a new entry level position was created following the EMPLOYEE's date of hire. Bumping to a newly created classification will only be allowed if the City M anager has determined that the EMPLOYEE meets or exceeds the qualifications for that classification.

SECTION G. Reinstatement of Employees Demoted as a Result of a Reduction-in-Force:

EMPLOYEES who are demoted as a result of a reduction- in-force shall have their names placed on a classification reinstatement list in the order of their classification seniority. Vacant positions within a classification series shall first be offered to EMPLOYEES on this list.

SECTION H. Reemployment of Employees Laid Off as a Result of a Reduction-in-Force:

EMPLOYEES who are laid off and who held regular CITY status at the time of lay off shall have their names placed on a reemployment list for classifications in which they previously held status and for classifications at the same or lower salary range for which they qualify in the order of their seniority in the affected class series. Vacant positions in such classifications will be offered to eligibles on the Reemployment List who qualify for such vacancies prior to an open or promotional recruitment.

SECTION I. Duration of Reinstatement and Reemployment List:

The eligibility of individuals on the Reinstatement and Reemployment Lists shall extend for a period of one year from the date of demotion or lay off. El igibles not responding to written notification of an opening within ten (10) working days shall have their names removed from either the Reemployment or Reinstatement List.

SECTION J. Restoration of Benefits Upon Reemployment Following a Reduction-in-Force:

Upon reemployment following a reduction-in-force, an individual will have the following benefits restored:

30 (1) Prior sick leave accruals unless the EMPLOYEE elected cash payment at the time of the layoff.

(2) Seniority at time of lay off for purpose s of determining merit increases, vacation accruals and future reduction-in-force.

(3) Upon reemployment, the EMPLOYEE shall be paid at the same step of the salary range currently in effect for the classification the EMPLOYEE held immediately prior to lay off.

If the EMPLOYEE chooses to be re-employed in a classification which has a salary range lower than the classification from which the EMPLOYEE was laid off, then the salary placement will be made at a point either equivalent to the EMPLOYEE'S salary range and step immediately prior to layoff or, if the maximum of the salary range of the position to which the EMPLOYEE is to be re -employed is less than the salary currently in effect for the classification, the EMPLOYEE will receive the maximum of the sala ry range for the classification in which EMPLOYEE is re-employed.

(4) All benefits EMPLOYEES are eligible to receive including deferred compensation benefit if they were receiving it prior to layoff.

SECTION K. Quarterly Performance Reports

Quarterly p erformance reports will be required to be completed during the first year of reemployment on any EMPLOYEE appointed from a reemployment list or classification reinstatement list.

SECTION L. Payoff of Accruals Upon Layoffs

Laid off EMPLOYEES are to be pa id for accrued holidays, vacation and non- exempt overtime when separated as a result of a lay off. The sick leave accruals of such EMPLOYEE will remain on the books and will be reinstated if they are reappointed unless the EMPLOYEE is eligible for, and elects to participate in, the sick reimbursement program for termination.

SECTION M. Retirement Contribution

Upon layoff, the EMPLOYEE may elect to either withdraw his/her retirement contribution or leave the money in the retirement system. Prior to reemployment, however, if the retirement funds have been withdrawn, they must be redeposited in accordance with arrangements satisfactory to the Public Employees' Retirement System.

SECTION N. Non-discrimination in Reduction in Force

Layoffs and demotions which result from a reduction in force shall be made without regard to an EMPLOYEES' race, color, national origin, religion, sex, age, citizenship, or physical handicap.

31 ARTICLE 9 - INDIVIDUAL PERSONNEL FILES

SECTION A. Traffic Accidents

The City and the ECPOA do hereby agree to purge the personnel records of EMPLOYEES of all references to reprimand relating to the officers' traffic accidents. Purging will be at the request of the EMPLOYEE to the City Manager after three years of accident-free driving.

SECTION B. Disciplinary Actions

In addition, upon request of the EMPLOYEE to the City Manager, the City will purge disciplinary actions that do not relate to worker's compensation or unresolved liability claims and are more than 5 years old, provided that no similar disciplinary actions have been imposed on said EMPLOYEE.

Unless required by law, EMPLOYEES subject to internal affairs investigations shall not be provided with any documents nor granted any right to discovery prior to their investigative interview.

ARTICLE 10 - GRIEVANCE PROCEDURE

SECTION A. 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 assure fair and equi table treatment of all EMPLOYEES and promote harmonious relations among EMPLOYEES, supervisors and management.

(3) To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary.

(4) To provide that appeals shall be conducted as informally as possible.

(5) To resolve grievances as quickly as possible and correct, if possible, the cause of grievance thereby reducing the number of grievances and future similar complaints.

SECTION B. Reviewable Grievances

To be reviewable under this procedure, a grievance must:

(1) Concern matters or incidents that have occurred.

32 (2) Result from an act or omission by management regard ing working conditions or other aspects of employer-employee relations over which the head of the department or the CITY has control.

(3) Arise out of a specific situation, act or acts complained of as being unfair which result in an inequity or damage to the EMPLOYEE.

(4) Specify the relief sought, which relief must be within the power of the head of the department or the City Manager to grant in whole or in part.

(5) Or be in violation of this MOU.

SECTION C. Non-reviewable Grievances

A grievance is not reviewable under this procedure if it requires the modification of a policy established by law, or is a matter which is reviewable under some other administrative procedure and/or personnel rule such as:

(1) Applications for changes in title, job classification or salary.

(2) Appeals from formal disciplinary proceedings.

(3) Appeals arising out of merit system examinations.

(4) Appeals from work performance evaluations.

SECTION D. Informal Grievance Procedure

An EMPLOYEE who has a problem or c omplaint should first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion, the EMPLOYEE does not believe the problem has been satisfactorily resolved, he/she shall have the right to disc uss it with his/her supervisor's immediate supervisor, if any, in the administrative service. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the EMPLOYEE is not in agreement with the decision reached by discussion, he/she shall have the right to file a formal grievance in writing within ten days after receiving the informal decision of the immediate superior. An informal grievance shall not be taken above the City Manager.

SECTION E. Special Provisions of the Formal Grievance Procedure

(1) Filing of Grievances

Grievances may be filed by an individual EMPLOYEE, a group of EMPLOYEES, or the ECPOA on behalf of one or more EMPLOYEES if said EMPLOYEE(S) so request.

33 (2) Procedure for Presentation

In presenting a grievance, the EMPLOYEE shall follow the sequence and procedure outlined in this Article.

(3) Prompt Presentation

The EMPLOYEE shall discuss the grievance with the immediate supervisor promptly after the act or omission of management causing the grievance.

(4) Prescribed Form

The formal written grievance shall be submitted on a form prescribed by the City Manager for this purpose. Supervisors and the Human Resources Department shall maintain an adequate supply of such forms.

(5) Statement of Grievance

The grievance shall contain a statement of:

a. The specific situation, act or acts complained of as being unfair;

b. The inequity or damage suffered by the EMPLOYEE; and

c. The relief sought.

(6) EMPLOYEE Representation

The EMPLOYEE may choose someone to represent him/her at any step after the first step of the procedure; i.e., at any step after formal discussion with his/her immediate supervisor.

No person hearing a grievance need recognize more than one repre sentative for any EMPLOYEE at any one time unless he/she so desires.

(7) Handled During Working Hours

Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved.

(8) Extension of Time

The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. tatement

34 of the duration of such extension of time must be signed by both parties involved at the step to be extended.

(9) Consolidation of Grievances

If the grievance involves a group of EMPLOYEES or if a number of EMPLOYEES file separate grievances on the same matter, the grievances shall be handled as a single grievance.

(10) Settlement

Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the pre -scribed period of time.

(11) Reprisal

The grievance procedure is intended to assure the right to present a grievance without fear of disciplinary action or reprisal from the supervisor, superior to department head, provided the provisions of this grievance procedure are observed.

SECTION F. Formal Grievance Procedure Steps

(1) First Level of Review

The appeal shall be presented in writing to the EMPLOYEE'S immediate supervisor, who shall render a decision and comments in writing and return them to the EMPLOYEE within 15 calendar days after receiving the appeal. If the EMPLOYEE does not agree with the supervisor's decision, or if no answer has been received within 15 calendar days, the EMPLOYEE may present the appeal in writing to the supervisor's immediate superior.

Failure of the EMPLOYEE to take further action within 10 calenda r days after receipt of the written decision of the supervisor, or within a total of 25 calendar days if no decision is rendered, will constitute a dropping of the appeal.

(2) Further Level or Levels of Review as Appropriate

The supervisor receiving the appeal shall review it, render the decision and comments in writing, and return them to the EMPLOYEE within 15 calendar days after receiving the appeal. If the EMPLOYEE does not agree with the decision, or if no answer has been received within 15 calendar days, the appeal may be presented in writing to the department head. Failure of the EMPLOYEE to take further action within 10 calendar days after receipt of the decision, or within a total of 25 calendar days, if no decision is rendered, will constitute a dropping of the appeal.

35 (3) Department Review

The department head receiving the appeal or the designated representative, shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The department head shall render a decision and comments in writing and return them to the EMPLOYEE within 15 calendar days after receiving the appeal. If the EMPLOYEE does not agree with the decision reached, or if no answer has been received within 15 calendar days, the a ppeal may be presented in writing to the City Manager.

Failure of the EMPLOYEE to take further action within 10 calendar days after receipt of the decision, or within a total of 25 calendar days, if no decision is rendered, will constitute a dropping of the appeal.

(4) City Manager

The City Manager receiving the appeal or the designated representative should discuss the grievance with the EMPLOYEE, their representative, if any, and with other appropriate persons. The City Manager may designate a fact -finding committee, or officer not in the normal line of supervision, or Personnel Commission to advise concerning the appeal. The City Manager shall render a decision in writing to the EMPLOYEE within 20 calendar days after receiving the appeal.

ARTICLE 11 - OUTSIDE EMPLOYMENT

SECTION A. General Statement

When a person accepts employment with the CITY, it is understood that this employment is to be that person's primary vocational responsibility. Any other employment, regardless of form, where personal services are rendered or goods or property are sold for financial gain, is considered outside employment and is subject to the provisions set forth in this section.

SECTION B. Applications for Outside Employment

(1) Outside Employment Statement

An EMPLOYEE who wishes to engage in outside employment must be a regular employee (non-probationary) with a satisfactory or better overall rating in the employee’s last scheduled performance report. This limit shall not apply to promotional probation. A qualified EMPLOYEE who wishes to engage in outside employment must file an Outside Employment Statement with the Chief of Police and the Director of Human Resources. All Outside Employment Statements on file in the Human Resources office will be annually reviewed by the Director of Human Resources in accordance with the guidelines in Section C.

36 (2) Acceptable Statements

The Outside Employment Statement will be given to the City Manager who will make the determination concerning the acceptability of the request.

(3) Failure to Submit Statement

If the CITY discovers that an EMPLOYEE is engaged in outside employment and has not submitted an Outside Employment Statement, the EMPLOYEE may be subject to disciplinary action including termination as determined by the City Manager.

SECTION C. Guidelines for Approving Outside Employment

Outside employment will be reviewed on the basis of its compatibility with the continued satisfactory performance of an EMPLOYEE's official CITY duties. Review of Outside Employment Statements will be based on the following criteria:

(1) Does the EMPLOYEE'S Outside Employment compromise the CITY so as to create a conflict of interest?

(2) Does the EMPLOYEE'S department control, inspect, review, audit or enforce the Outside Employment?

(3) Does the Outside Employment involve the acceptance of money or other consideration from an agency or individual(s) other than the City for the performance of an act which the EMPLOYEE would be required to render while acting in an official capacity as an EMPLOYEE?

(4) Is the EMPLOYEE utilizing CITY information not normally available to the public in the performance of outside employment?

(5) Is the position inconsistent, incompatible or in conflict with assigned duties?

(6) Does the Outside Employment unduly interfere with the scheduling of work hours and/or emergency call-out?

(7) Would the Outside Employment aggravate any physical disability or infirmity of the EMPLOYEE (as indicated by sick leave record and/or physical or mental stress of the outside work)?

(8) The EMPLOYEE will not be allowed, under any circumstance, to use his/her CITY title when engaged in Outside Employment.

37 SECTION D. Revocation

The CITY may revoke any prior approval of Outside Employment for any reason where any act or behavior of the EMPLOYEE during his/her performance of outside work detrimentally reflects upon a department or the CITY in general. The City may also revoke any prior approval when the EMPLOYEE fails to meet the requirements and conditions stated in Sections B and C. Written notice stating the reason for revocation and the effective date shall be given to the EMPLOYEE.

A copy of this notice will be placed in the EMPLOYEE's personnel jacket.

SECTION E. Workers' Compensation

Workers' Compensation claims resulting from injuries or illnesses sustained during the course of Outside Employment shall be determined by State Law.

SECTION F. Unauthorized Outside Employment

Unauthorized outside employment may result in disciplinary action, up to and including dismissal.

ARTICLE 12 - EMPLOYEE RIGHTS

SECTION A. No Discrimination

EMPLOYEES shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations including, but not limited to wages, hours, and other terms and conditions of employment. EMPLOYEES also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the CITY. No EMPLOYEE shall be interfered with, intimidated, restrained, coerced, or discriminated against by the CITY or by any EMPLOYEE organization because of his/her exercise of these rights.

SECTION B. Public Safety Officers Procedural Bill of Rights

That the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq.) shall be applied equally to all EMPLOYEES and is incorporated by reference.

SECTION C. Discipline

The CITY may only discipline an EMPLOYEE for just cause in accordance with Government Code Section 3306 and City and departmental policies and procedures.

38 ARTICLE 13 - CITY RIGHTS

The rights of the CITY include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its EMPLOYEES; take disciplinary action; relieve its EMPLOYEES from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. In exercising the above rights, the CITY shall comply with all applicable provision(s) of this MOU.

Drug-free Workplace Act of 1988

The ECPOA agrees to support a drug-free workplace as required by the Federal Regulations passed in 1988.

ARTICLE 14 - FEDERAL - STATE LAWS

It is understood and agree d that this MOU is subject to all present and future applicable federal and state laws and regulations and the provisions hereof shall be effective and implemented not to conflict with such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of federal or state laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part of provisions shall be suspended and superseded by such applicable laws and regulations, and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect. Modifications to such sections will be made within a reasonable period of time via the Meet and Confer process.

ARTICLE 15  NON-DISCRIMINATION

The ECPOA accepts and supports the official City policy of non-discrimination as outlined in the City’s equal employment opportunity policy.

ARTICLE 16 - AGENCY SECURITY

Continuous and uninterrupted service by the CITY and its EMPLOYEES to the citizens, and an orderly employment relationship between the CITY and its EMPLOYEES being essential considerations of this MOU, the ECPOA agrees, on behalf of itself and its members, individually and collectively, that there shall not be any strikes, boycotting, work stoppage, shutdowns, or slowdown/speed-up actions, or a concerted refusal to render services or to work overtime or any other curtailment, restriction or acceleration of work at any time during the term of this MOU.

39 Nothing shall be construed in this MOU to prevent the ECPOA or the EMPLOYEES from exercising any legal rights prescribed by State law.

ARTICLE 17 - EMPLOYEE ASSISTANCE PROGRAM

The CITY agrees to continue funding an EMPLOYEE Assistance Program as proposed by the ECPOA to a maximum cost to the CITY of $30,000 for the term of this contract. Details shall be finalized as part of a separate contract with the provider and will be available from either the ECPOA or the CITY.

ARTICLE 18 - ECPOA RIGHTS

SECTION A. ECPOA Rights

The CITY recognizes the right of the ECPOA to govern its internal affairs

SECTION B. Dues Deduction

Upon the receipt of a written request and authorization from an EMPLOYEE for deduction of ECPOA "dues" the CITY shall withhold such dues from the salary of the EMPLOYEE on a bi - weekly payroll basis and remit the withholding to the ECPOA in a timely manner. The CITY shall continue to withhold such dues until the EMPLOYEE files a written statement with the CITY withdrawing authorization for the continued w ithholding of the dues, giving at least 30 days advance notice.

SECTION C. Bulletin Board

The ECPOA shall have sole and exclusive use of specific bulletin board space, clearly marked and identified as such, of approximately 4 feet by 8 feet in dimension, located in the briefing room of the Police Department. The Police Chief and the ECPOA shall designate the authorized bulletin board space and said space shall be the only space which is authorized for the posting of ECPOA business. Material placed on t he bulletin board shall be at the discretion of the ECPOA with the understanding that materials so posted shall only be for legitimate communications with members.

Said postings shall not be offensive to good taste, defamatory, or involve support or opposition to candidates for political office within the CITY government. The ECPOA shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials.

SECTION D. EMPLOYEE Representation

The EMPLOYEE shall be allowed to designate a representative to assist said EMPLOYEE in:

1. Preparing and presenting grievances.

40 2. Preparing and processing material for Disciplinary Hearings.

3. Preparing and presenting material for any legitimate employer -employee relations matter for which representation is granted pursuant to existing law.

SECTION E. Access to Work Locations

Reasonable access to employee work locations shall be granted to the officers of the Association and its designated official representativ e during employees' work hours for the purpose of processing grievances or to contact members of the Association concerning business within the scope of representation. Such officers or representative desiring access shall follow departmental procedures governing non-employee access to work locations. Association meetings may be held during work hours at the police facility provided the proposed Association meeting does not interfere with the normal operations of the Department. On -duty personnel may not at tend any meeting without the prior approval of the appropriate supervisor.

ARTICLE 19 - MODIFIED DUTY

SECTION A.

EMPLOYEES recommended for modified duty must bring a written statement from a physician stating the reasons why they are being recommended for modified duty and the length of time.

This must be presented to the Chief of Police as soon as possible after the physician recommends said EMPLOYEE for modified duty. The length of working days is left to the discretion of the treating physician.

SECTION B.

An EMPLOYEE who is on modified duty per a physician's order shall immediately notify the Chief of Police when he/she is available for full duty and shall give his/her department a physician's statement of release from modified duty.

SECTION C.

The Chief of Police shall provide a general job description for the EMPLOYEE solely for the purpose of allowing the physician treating an EMPLOYEE to specify exactly the types of duties an EMPLOYEE may or may not perform on modified duty.

SECTION D.

The CITY shall provide modified duty as long as work is available.

41 SECTION E.

The CITY retains the right to require periodic medical updates from the EMPLOYEE'S treating physician and the right to send an EMPLOYEE for an evaluation at CITY expense, if the amount of modified duty time appears to be excessive.

ARTICLE 20 - CURRENT PRACTICES

It is understood that existing ordinances, resolutions, City Council and administrative policies of the CITY, past ECPOA MOUs, Personnel Rules, and Police Department Rules and Regulations cover matters pertaining to employer-employee relations including, not limited to, wages, salaries, benefits, hours and other terms and conditions of employment, are hereby incorporated herein by this reference and made a part hereof as th ough set forth in full and, except as provided herein, shall remain in full force and effect during the term thereof, except to the extent the parties agreed to modify them during the negotiations resulting in this MOU.

ARTICLE 21 - MAINTENANCE OF BENEFITS

The status of existing benefits and conditions of employment now enjoyed by EMPLOYEES shall not be deemed affected by this MOU except as specifically modified by provisions hereof or by actions taken in implementation thereof.

Except as described below, the CITY and ECPOA hereby expressly waive any right to request any improvements or other changes in the wages, hours, or other conditions of employment of EMPLOYEES in the ECPOA covered by this MOU. Neither the CITY nor the ECPOA shall be required to "Meet and Confer" as to any such request unless by mutual consent of both parties, except to the extent required by this MOU. The right of ECPOA and the CITY to "Meet and Confer" on the interpretation of application of this MOU is excluded in the waiver described above.

ARTICLE 22 - TERMS AND RENEGOTIATIONS

SECTION A. GENERAL

This MOU shall become effective only after ratification by members of the ECPOA and adoption by the City Council of the CITY and continue in effect through June 30, 2027.

Should either party to this MOU desire to meet and confer on a successor MOU, that party shall serve upon the other a written request for such meet and confer.

SECTION B. RE-OPENER FOR CHANGES TO AFFORDABLE CARE ACT (ACA)

The CITY may re -open this MOU to neg otiate the subject of benefits provided in this MOU in relation to the Affordable Care Act or its impacts.

42 This MOU is entered into by the following representatives of the CITY and the ECPOA, to become effective the date of approval by the City Council.

City Council
Agenda Report
Agenda Item 7.

BACKGROUND:

Tentative agreement was reached within settlement authority for ECPOA-MG and is identified in the documents:

Three-Year Term Contract: July 1, 2024 through June 30, 2027, Annual salary increases of 3%, 4.5% and 4.5% respectively, Classic PERS members will pay 1% more into PERS for employee's share in year two of the contract, followed by an additional 1% in year three of the contract, to total 2%, Removal of annual non-PERSable stipends,
Cafeteria plan contribution increases, effective January of each contract year, Uniform allowance increase,
Tuition reimbursement increase, and
Other minor operational, clean up and/or non-economic items.

The signed Memorandum of Understanding will be available in the Human Resources Department for review.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

City Council approval of the tentative agreement with the El Cajon Police Officer Association - Management Group is exempt from the California Environmental Quality Act (CEQA) in accordance with section 15378(b)(4) of the state CEQA Guidelines. This is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and therefore is not a project. .!!!!_ Valley of Opportunity
• • •
• • • •
•
FISCAL IMPACT:

The tentative agreement was reached within settlement authority provided by the City Council.

Prepared By: Marisol Thorn, Director of Human Resources Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
POAMG Tentative Agreement

POA MG MOU

Page 1 of 2 ends

RESOLUTION NO. _-24

RESOLUTION APPROVING

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF EL CAJON AND THE
EL CAJON POLICE OFFICERS’ ASSOCIATION MANAGEMENT GROUP
FOR THE PERIOD FROM JULY 1, 2024 THROUGH JUNE 30, 2027, IN

ACCORDANCE WITH THE MEYERS-MILIAS-BROWN ACT

WHEREAS, the City Council has approved changes in the terms and conditions of employment of employees in the classifications represented by the El Cajon Police Officers’ Association Management Group ("ECPOAMG") for the period from July 1, 2024 through June 30, 2027, as hereinafter set forth:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. The City Council hereby approves the revised and updated Memorand um of Understanding By and Between the City of El Cajon and the El Cajon Police Officers’ Association Management Group ( "ECPOAMG") (the "Memorandum") containing provisions for changes in the terms and conditions of employment for Fiscal Years 2024 – 2027. A summary of said Memorandum is attached hereto as Exhibit "A," and made a part hereof by this reference.

05/14/24 CC Agenda
Reso Employee Org – ECPOA Mgmt Group MOU 050224

Page 2 of 2 ends

EXHIBIT "A"

Summary of Revised Terms and Conditions of
El Cajon Police Officers’ Association Management Group (ECPOAMG) Memorandum of Understanding:

Duration:

Three-year term, July 1, 2024 to June 30, 2027

Cost of Living Adjustments:
• 3% across the board increase, for all classifications, reflected on the first paycheck in July 2024
• 4.5% across the board increase, for all classifications, reflected on the first paycheck in July 2025
• 4.5% across the board increase, for all classifications, reflected on the first paycheck in July 2026

Classic PERS Member Contribution
• Classic PERS members will pay 1% more into PERS for Employee’s share, 1st paycheck in July 2025 (total of 10%)
• Classic PERS members will pay 1% more into PERS for Employee’s share, 1st paycheck in July 2026 (total of 11%)

Annual Stipend
Remove all non-PERSable stipends upon ratification of MOU

Cafeteria
Effective Date Existing and New Employees
January 1, 2025 Cafeteria: $1,400 to $1,700
January 1, 2026 Cafeteria: $1,700 to $1,750
January 1, 2027 Cafeteria: $1,750 to $1,800

Uniform Allowance:
• From $825 to $1,000 annually
• Extra SWAT allowance from $75 to $300 annually

Tuition Reimbursement:

From $1,000 to $5,000/year

Bereavement Leave:

Update language in MOU to read: All employees covered under this memorandum of agreement shall be entitled to the bereavement leave of absence and employment rights and privileges provided by state and federal laws and regulations. Up t o three regularly scheduled working days will be paid by the City, as bereavement leave, to EMPLOYEES in order to discharge the customary obligations arising from the death of a relative as defined by the state. Employees may also request the use of an additional two regularly scheduled working days to be charged to sick or vacation leave accruals. The designated representative must approve requests for such leave and documentation, as defined by the state, requested within 30 days of the leave.

City of El Cajon Tentative Agreement
El Cajon Police Officer Association Management
March 11, 2024
Duration:

Three year term, July 1, 2024 to June 30, 2027
Cost of Living Adjustments:
• 3% across the.board increase, for all classifications, reflected on the first paycheck in July 2024
• 4.5% across the board increase, for all classifications, reflected on the first paycheck in July 2025
• 4.5% across the board increase, for all classifications, reflected on the first paycheck in July 2026
Classic PERS Member Contribution
• Classic PERS members will pay 1 % more into PERS for Employee's share, 1st paycheck in July 2025 (total of 10%)
• POA Classic PERS members will pay 1% more into PERS for Employee's share, 1st paycheck in July 2026 (total of 11%)
Annual Stipend
Remove all non-PERSable stipends upon ratification of MOU Cafeteria
Effective Date Existina and New Employees
January 1, 2025 Cafeteria: $1,400 to $1,700
January 1, 2026 Cafeteria: $1,700 to $1,750
January 1, 2027 Cafeteria: $1,750 to $1,800
Uniform Allowance:
• From $825 to $1,000 annually
• Extra SWAT allowance from $75 to $300 annually
Tuition Reimbursement:

From $1,000 to $5,000/year
City of El Cajon Tentative Agreement
El Cajon Police Officer Association Management
March 11, 2024
Bereavement Leave:

Update language in MOU to read: All employees covered under this memorandum of agreement shall be entitled to the bereavement leave of absence and employment rights and privileges provided by state and federal laws and regulations. Up to three regularly scheduled working days will be paid by the City, as bereavement leave, to EMPLOYEES in order to discharge the customary obligations arising from the death of a relative as defined by the state. Employees may also request the use of an additional two regularly scheduled working days to be charged to sick or vacation leave accruals.

The designated representative must approve requests for such leave and documentation, as defined by the state, requested within 30 days of the leave.

For the Association:

Darrin Forster, Police Lieutenant
Jeremiah Larson, Police Captain
Graham Mitchell, City Manager
Marisol Thorn, Director of Human Resources
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF EL CAJON

AND

EL CAJON POLICE OFFICERS' ASSOCIATION

MANAGEMENT GROUP

2024-2027

The Valley of Opportunity
~ ~ ~
('() ~ '\.~
:,-PorateO
2 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF EL CAJON
AND

EL CAJON POLICE OFFICERS' ASSOCIATION MANAGEMENT GROUP

TABLE OF CONTENTS

PAGE
ARTICLE 1
INTENT
Intent .................................................................................................................................................. 7

ARTICLE 2

RECOGNITION
Recognition ......................................................................................................................................... 7

ARTICLE 3

COMPENSATION
Section A - Salary Steps .................................................................................................................... 7 Section B - Normal Advancements .................................................................................................... 8 Section C - Application of the Compensation Schedule ..................................................................... 8 Section D - Promotion to Another Class............................................................................................. 9 Section E - Pay Increases Other Than Advancement and Promotion ................................................ 9 Section F - Transfer to Assignment Within the Classification ........................................................... 9 Section G - Inequitable Compensation ............................................................................................... 9 Section H - Early Paychecks ............................................................................................................... 9 Section I - Workday/Workweek ...................................................................................................... 10 Section J - Watch Commander Exchange ........................................................................................ 10

ARTICLE 4

PREMIUM PAY
Section A - Unusual Work Schedule ................................................................................................ 11 Section B - Temporary Upgrade ....................................................................................................... 11 Section C - Bilingual Pay .................................................................................................................. 11

ARTICLE 5

PERQUISITES
Section A - Uniform and Equipment Allowance .............................................................................. 11 Section B - Educational Incentive Program ...................................................................................... 12 Section C - Travel Reimbursement .................................................................................................. 13 3 Section D - Tuition and Book Reimbursement ................................................................................. 14 Section E - Deferred Compensation ................................................................................................. 14

ARTICLE 6

HEALTH AND WELFARE
Section A - Medical Insurance .......................................................................................................... 15 Section B - Dental Insurance ............................................................................................................ 15 Section C - Life Insurance ................................................................................................................ 15 Section D - Cafeteria Benefit Plan .................................................................................................... 15 Section E - Retirement System (PERS) ............................................................................................ 16 Section F - Long-term Disability ...................................................................................................... 18

ARTICLE 7

LEAVES - TIME OFF
Section A - Vacation ......................................................................................................................... 18 Section B - Holidays ......................................................................................................................... 19 Section C - Sick Leave ...................................................................................................................... 19 Section D - Military Leave ............................................................................................................... 22 Section E - Jury and Witness Leave ................................................................................................. 23 Section F - Leave of Absence Without Pay ...................................................................................... 23 Section G - Workers' Compensation Leave ...................................................................................... 23 Section H - Catastrophic Leave ........................................................................................................ 23

ARTICLE 8
LAYOFF
Section A - Purpose .......................................................................................................................... 24 Section B - Determination ................................................................................................................ 24 Section C - Reduction in Force - Demotion...................................................................................... 24 Section D - Order of Reduction in Force .......................................................................................... 25 Section E - Determining Order of Layoff and Demotion For Employees With Identical Seniority ........................................................................................................ 25 Section F - Order and Method of Demotion Pursuant to a Reduction in Force-Bumping .................... 25 Section G - Reinstatement of Employees Demoted as a Result of a Reduction in Force...................... 25 Section H - Reemployment of Employees Laid Off as a Result of Reduction in Force................... 26 Section I - Duration of Reinstatement and Reemployment List ...................................................... 26 Section J - Restoration of Benefits Upon Reemployment List ........................................................ 26 Section K - Quarterly Performance Reports ..................................................................................... 26 Section L - Payoff of Accruals Upon Lay Off .................................................................................. 26 4 Section M - Retirement Contributions .............................................................................................. 27 Section N - Non-discrimination in Reduction in Force .................................................................... 27

ARTICLE 9

INDIVIDUAL PERSONNEL FILES
Section A - Traffic Accidents ........................................................................................................... 27 Section B - Disciplinary Actions ...................................................................................................... 27

ARTICLE 10

GRIEVANCE PROCEDURE
Section A - Purpose .......................................................................................................................... 27 Section B - Reviewable Grievances .................................................................................................. 28 Section C - Non-reviewable Grievances ........................................................................................... 28 Section D - Informal Grievance Procedure ....................................................................................... 28 Section E - Special Provisions of the Formal Grievance Procedure ................................................. 28 Section F - Formal Grievance Procedure Steps ................................................................................ 30

ARTICLE 11

SUGGESTION AWARD PROGRAM
Section A - Purpose .......................................................................................................................... 31 Section B - Suggestion Award Program ........................................................................................... 31

ARTICLE 12

OUTSIDE EMPLOYMENT
Section A - General Statement .......................................................................................................... 31 Section B - Application for Outside Employment ............................................................................ 31 Section C - Guidelines for Approving Outside Employment ........................................................... 32 Section D - Revocation ..................................................................................................................... 32 Section E - Workers' Compensation ................................................................................................. 32 Section F - Unauthorized Outside Employment ............................................................................... 32

ARTICLE 13

EMPLOYEE RIGHTS
Section A - No Discrimination ......................................................................................................... 33 Section B - Public Safety Officers Procedural Bill of Rights. .......................................................... 33 Section C - Discipline ....................................................................................................................... 33

5 ARTICLE 14

CITY RIGHTS
City Rights ........................................................................................................................................ 33 Drug-free Workplace Act ................................................................................................................. 33

ARTICLE 15

FEDERAL - STATE LAWS
Federal-State Laws............................................................................................................................ 34

ARTICLE 16

NON-DISCRIMINATION
Non-Discrimination .......................................................................................................................... 34

ARTICLE 17

AGENCY SECURITY
Agency Security ................................................................................................................................ 34

ARTICLE 18

EMPLOYEE ASSISTANCE PROGRAM
Employee Assistance Program ......................................................................................................... 34

ARTICLE 19

INTENTIONALLY LEFT BLANK
Employee Assistance Program ......................................................................................................... 34

ARTICLE 20

ECPOAMG RIGHTS
Section A - ECPOAMG Rights ........................................................................................................ 35 Section B - Dues Deduction .............................................................................................................. 35 Section C - Bulletin Board ................................................................................................................ 35 Section D - EMPLOYEE Representation ......................................................................................... 35 Section E - Access to Work Locations ............................................................................................. 35

ARTICLE 21

CURRENT PRACTICES
Current Practices ............................................................................................................................... 36

ARTICLE 22

MAINTENANCE OF BENEFITS
Maintenance of Benefits ................................................................................................................... 36

6 ARTICLE 23

TERMS AND RENEGOTIATION
Section A – General ......................................................................................................................... 36

Signature Page ................................................................................................................................. .37

Appendix A
…...………………………………………………………...……………….….……...38

7 ARTICLE 1 - INTENT

Pursuant to the provisions of the Meyers -Milias-Brown Act and the Employer -Employee Relations Procedure of the City of El Cajon, this Memorandum of Understanding, hereinafter referred to as an "MOU", is entered into by the staff of the City of El Cajon, hereinafter referred to as the "CITY", and the El Cajon Police Officers' Association Management Group, hereinafter referred to as the "ECPOAMG", which is to be in effect from July 1, 2024 through June 30, 2027.

The purpose of this MOU is to provide orderly procedures for the administration of employer - employee relations between the City and the ECPOAMG, for the establishment of fair and reasonable wages, hours and other conditions of employment for employees in the classifications of Lieutenant and Captain, hereinafter referred to as the "MANAGEMENT EMPLOYEE(S)", and for the peaceful and equitable resolution of disputes arising thereof.

This MOU has been reached through the process of "Meet and Confer" with the objective of fostering effective cooperation between the CITY and its EMPLOYEES.

ARTICLE 2 - RECOGNITION

The ECPOAMG is recognized as the majority representative for MANAGEMENT EMPLOYEES in the classifications of Police Lieutenant and Police Captain.

ARTICLE 3 - COMPENSATION

SECTION A. Salary Steps

EMPLOYEES shall receive the following salary increases to be reflected in the salary schedules of each classification. Increases will be applied as follows:

1. Merit Increases (if applicable)

2. Market Adjustment (if applicable)

3. Cost of Living Increases

The compensation plan for represented employees in this classification shall be as described in the Citywide Compensation Plan.

1. Effective on the first paycheck issued in July 2024: 3% general increase to all represented classifications

2. Effective on the first paycheck issued in July 2025: 4.5% general increase to all represented classifications

3. Effective on the first paycheck issued in July 2026: 4.5% general increase to all represented classifications

8 SECTION B. Normal Advancements

Advancement to Step 2 is an incentive adjustment to encourage EMPLOYEES to improve their work.

EMPLOYEES shall be made eligible for this adjustment if they were appointed to Step 1 and if they have completed six months service in Step 1. Steps 3, 4, and 5 are provided for employees who are fully qualified, experienced and ordinarily conscientious in their work and therefore, upon completion of at least one year of service in Step 2, 3, or 4, an employee may be advanced to the next highest step.

SECTION C. Application of the Compensation Schedule

The salary range as set forth for each classification shall be applied in accordance with the following:

1. New Appointments

The minimum step for the class shall generally apply to EMPLOYEES upon original appointment. When circumstances warrant it, however, an original appointment or reinstatement may be made at a rate other than the minimum. The City Manager shall decide each cas e based in part on the experience and training of each employee involved and according to the needs of the CITY.

2. Advancement Provisions

No salary advancement shall be made so as to exceed any maximum rate established in the compensation schedule for the class to which the advanced EMPLOYEE'S position is allocated. Advancement shall depend upon increased service value of an EMPLOYEE to the City as exemplified by the recommendations of their department head, length of service, performance record, special training undertaken, or other pertinent evidence, within the advancement policy established by the compensation schedule. The advancement of an employee, therefore, is one in which actual merit and not time alone governs. EMPLOYEES shall be recommended for pay increases then, only when they clearly deserve advancement as indicated by at least a competent rating on their last performance evaluation, and not simply according to the elapse of a time period.

SECTION D. Promotion to Another Class

Upon promotion, EMPLOYEES shall receive at least a five percent increase in pay, subject to the following conditions:

The position held by the EMPLOYEE immediately prior to the promotion must have been held under a regular or probationary appointment. The 5% inc rease shall be paid per Article 5 - Perquisites, SECTION B - Educational Incentive Program.

SECTION E. Pay Increases Other Than Advancement and Promotion

The provision governing the granting of pay increases specified in Section D.2 shall apply to all pay increases as well as advancements.

SECTION F. Transfer to Assignment Within the Classification

1. When a transfer of assignment is made within a given classification, there shall be no salary increase or decrease because of such transfer.
9 2. Voluntary Demotion

An EMPLOYEE may request a voluntary demotion for any reason. Voluntary demotions may cross bargaining groups and shall require the recommendation of the EMPLOYEE's Department Head and the approval of the City Manager. Voluntary demotions shall not result in salary increases.

An EMPLOYEE taking such a voluntary demotion shall be placed in the appropriate salary range of the classification to which the EMPLOYEE is taking the voluntary demotion, that would be commensurate with the salary said EMPLOYEE would have been receiving had said EMPLOYEE remained in his/her old job classification.

Voluntary demotion as a result of an impending layoff shall be in accordance with the provisions of the applicable section of Article 8.

SECTION G. Inequitable Compensation

If, in the opinion of the City Manager, the application of the provisions of this Article results in compensating EMPLOYEES at an inequitably low rate compared to other EMPLOYEES in the same class, the City Manager may raise such salary to the step deemed most equitable. Such action shall not be contrary to the general intent and spirit of this Article. If a disagreement arises between a petitioning party and the City Manager as to whether an inequity exists or not, the petitioning party may use the normal appeal and/or grievance procedure as set out in this MOU.

SECTION H. Early Paychecks

1. Payday

The City's regular payday shall be every other Friday. Every effort will be made to distribute paychecks at this time. In the event of unf oreseeable delays, delivery of paychecks will be made as expeditiously as possible.

2. Early Paychecks

The City will attempt to deliver the bi-weekly paychecks to EMPLOYEES prior to 11:00 p.m. on the Thursday preceding the normal Friday payday. It would be mutually understood, however, that the normal payday will remain as Friday and the City would be under no contractual liability to assure delivery on any day other than a normal payday.

SECTION I. Workday/Workweek

Management EMPLOYEES shall be considered to work an "indefinite" workweek and not be entitled to overtime compensation unless otherwise provided herein.

Indefinite workweek is meant to imply some flexibility in the schedule so long as all responsibilities and obligations are covered. Generally, the employee will work 80 hours bi-weekly.

Management EMPLOYEES who elect to leave a shift early or leave the worksite to conduct personal business shall, when practicable, inform the immediate supervisor or log in the time of departure and 10 how the EMPLOYEE may be contacted in case of emergency. It shall also be the management EMPLOYEE's responsibility to provide the oncoming supervisor with sufficient information to insure safe and efficient continuity of operations.

SECTION J. Watch Commander Exchange

EMPLOYEES shall be allowed to exchange days off and/or shifts with other EMPLOYEES under the following conditions:

1. Requests for exchange of shifts between regular EMPLOYEES shall be submitted in writing, signed by both parties. Requests for exchange of shifts shall be submitted to the Chief of Police or designee. In cases of verifiable need, an EMPLOYEE may be authorized to exchange shifts after the shift schedule has been finalized. The Department shall not unreasonably deny this request.

2. Exchange of days off or exchange of shifts shall be between generally comparable EMPLOYEES.

3. No patrol personnel shall be authorized to remain on the same shift for a period exceeding one (1) year, without the approval of the Chief of Police.

ARTICLE 4 - PREMIUM PAY

SECTION A. Unusual Work Schedule

The City agrees to compensate employees an amount of pay or paid vacation time at the straight time rate when an inordinate amount of time is worked by a management employee due to operational commitments. This s ection shall apply to full shifts of extra duty; however, other partial shift situations may qualify with approval from the Chief of Police.

SECTION B. Temporary Upgrade

If an EMPLOYEE is temporarily assigned to a higher position by his/her supervisor and said assignment is approved by the City Manager, then the EMPLOYEE shall be granted a temporary advancement of not more than four standard salary ranges for the period of time in excess of eighty (80) hours the EMPLOYEE is required to perform such duties. At the conclusion of such assignment, the EMPLOYEE'S salary shall be reduced to the normal rate prescribed for their classification, had they remained in that classification.

SECTION C. Bilingual Pay

The City agrees to designate employees as bilingua l based on the Department’s needs . Such designated positions shall be reviewed annually to determine the Department’s needs with respect to shifts, employees’ days of availability and division assignments.

Those who apply shall have at least a satisfacto ry rating on their most recent performance report and be certified as proficient by a language professional designated by the City. They will receive $120/month compensation and may resign or be relieved of this duty if the employee’s or Department’s needs require.

11 ARTICLE 5 - PERQUISITES

SECTION A. Uniform and Equipment Allowance

The annual uniform and equipment allowance shall be $1,000 effective July 2024. The uniform allowance for newly hired EMPLOYEES shall be prorated over the twelve -month period, from the actual hire date to the following July 1st. Yearly distribution will be made during the month of July.

EMPLOYEES assigned to the S.W.A.T. Team shall receive an additional $300 uniform and equipment allowance during the month of July.

Supervisors shall ensure professional appearance of police personnel.

The CITY agrees to supply protective vests in accordance with Police Department General Order #

7.6.2. SECTION B. Educational Incentive Program

The Educational Incentive Program is adopted for the benefit of the EMPLOYEES in recognition of certain specified educational and/or professional achievements.

In addition to the requirements below, to be eligible for the additional compensation, each EMPLOYEE must be a regular EMPLOYEE of the CITY with at least twenty -four (24) months of sworn law enforcement experience with the CITY. Once a salary increase is awarded, it shall continue regardless of future promotions to higher positions.

It is the personal responsibility of each EMPLOYEE to forward proper documentation to the Director of Human Resources which certifies his/her eligibility. Additional compensation will not commence until these documents have been received by the Director of Human Resources. For purposes of this section, Bachelor’s, M aster’s, and other advanced degrees must be from an accredited educational institution. For POST incentives, the City will award the compensation based on the date of certification.

On July 1, 2015, the Advanced POST Certificate was made a requirement for the ECPOAMG classifications and the incentive was consequently rolled into the base salary range of all ECPOAMG classifications. EMPLOYEES who initially enter ECPOAMG will carry over the Advanced POST incentive. It is not the intent of the City to provide an additional incentive for Advanced POST since it is already part of the EMPLOYEE’S pay. For purposes of calculating the minimum 5% promotional base rate from Police Sergeant to Police Lieutenant, the POA educational incentive amount for Advanced POST w ill be include d with the base pay rate of Police Sergeant . Additional incentives, under this MOU will be applied after this promotional base rate calculation.

Effective on the first paycheck issued in July 2022:

1. 5% salary incentive increase for employees who possess a POST Supervisory Certificate

2. 2.5% salary incentive increase for employees who possess a POST Management Certificate.

3. 2.5% salary incentive increase for employees who possess a Bachelor’s Degree.

12 4. 3% salary incentive increase for employees who possess a Master’s degree or other advanced degrees related to the job.

SECTION C. Travel Reimbursement

The travel reimbursement allowance will be the current IRS rate per mile for those EMPLOYEES required to use their personal vehicles for CITY business. Reimbursement shall be in accordance with current CITY travel allowance policy.

No separate meal allowance or reimbursement shall be provided when the event attended provides a meal in the admission price.

Employees acknowledge changes to the City’s Travel Policy, Policy # E -4, as revised in June 2011 and that revised policy is in full effect.

SECTION D. Tuition and Book Reimbursement

1. Qualifications

Tuition and the cost of books actually paid will be refunded to all regular EMPLOYEES for professional, technical courses, POST approved schools or work related seminars providing:

a. The EMPLOYEE has at least a satisfactory proficiency rating on his/her most recent performance report.

b. The subject matter of the course relates directly to and contributes toward the performance of the EMPLOYEE'S position duties with the CITY.

c. Before receiving reimbursement, the EMPLOYEE shall furnish evidence that he/she has completed the course with a grade of "C" or better in undergraduate work, and a grade of "B" or better in graduate work, except where an average grade of "C" is acceptable for graduation by the educational institution.

d. To encourage continuous education and supervisory/management training the City will include, within the Tuition Reimbursement Policy, the opportunity for Management EMPLOYEES to use the allowance to help defer costs of attending relevant seminars, workshops, conferences and classes (not necessarily requiring a grade) which promote professional growth. Police management personnel may also use the tuition allowance for POST approved schools. (Administrative Policy E -5) Additionally, all management EMPLOYEES may now apply this allowance toward related lodging, meals, and other travel costs in compliance with the procedure for Travel and Meetings as established in Administrative Policy E-4.

2. Maximum Reimbursement

The maximum reimbursement for any course or courses shall be $5,000 per individual per fiscal year. When the cost of a particular seminar, workshop, conference, or class exceeds the $5,000 maximum, the cost may be applied to two (2) fiscal years, provided the total cost does not exceed $10,000.

13 3. Administration

The responsibility for administering this plan is placed with the Director of Finance.

SECTION E. Deferred Compensation

1. The CITY agrees to continue to provide an Internal Revenue Code Section 457 Deferred Compensation Plan.

2. The City Manager is designated as the Plan Administrator. He/she may appoint a Deputy Plan Administrator.

3. The CITY shall monitor, administer and account for all funds distributed as deferred compensation, and shall charge no fees of any kind to the EMPLOYEES or against funds deposited on behalf of the EMPLOYEES.

4. When a participant in the Plan becomes eligible to collect all accumulated funds deferred on his/her behalf, the CITY shall disburse funds according to the EMPLOYEE'S participation agreement.

ARTICLE 6 - HEALTH AND WELFARE

SECTION A. Medical Insurance

The CITY agrees to continue the CalPERS Health Benefits Program that was adopted January 1, 1986.

From the total allotted under the cafeteria benefit, the CITY agrees to pay to CalPERS the Public Employees’ Medical and Hospital Care Act (P EMHCA) statutory minimum toward the cost of any CalPERS health plan which the EMPLOYEE chooses, if any. This shall be the amount contributed by the C ity on behalf of retirees as well. The EMPLOYEE agrees to be liable for the difference between the total cost of the health plan chosen and the CITY'S contribution of the PEMHCA statutory minimum. This benefit shall be part of the Section 125 cafeteria plan.

SECTION B. Dental Insurance

The CITY agrees to offer the EMPLOYEES a choice of PPO and DHMO dental insurance options .

Management EMPLOYEES may participate in the plan if they choose. This benefit shall be part of the Section 125 cafeteria plan.

SECTION C. Life Insurance

The CITY agrees to continue to provide term life insurance in the amount of one and one -half times the EMPLOYEE'S annual salary plus $25,000 per EMPLOYEE, for which the CITY agrees to pay the cost.

SECTION D. Cafeteria Benefit Plan

The CITY implemented an Internal Revenue Code Section 125 cafeteria plan ("PLAN") on or about August 1, 1989. The PLAN contains a provision for employer contribution and employee flexible spending accounts. The PLAN, if practical, shall be written to provide for all allowable benefits. This MOU shall control which of those benefits are utilized and the dollar amount of a ny employer 14 contribution. Whereas the CITY will continue to make available individual term life insurance, such insurance will not be part of the PLAN and must be paid by the EMPLOYEE as a normal payroll after- tax deduction.

The monthly cafeteria plan allowances shall be as follows:

1. Effective January 1, 2025: $1,700 per month

2. Effective January 1, 2026: $1,750 per month

3. Effective January 1, 2027: $1,800 per month

Each EMPLOYEE who elects coverage from a CalPERS health plan shall have the PEM HCA statutory minimum paid by the City to CalPERS (See Section A of this Article) for that benefit, with the remainder of the cafeteria benefit allowance available for other cafeteria selections or taxable cash.

An EMPLOYEE who elects not to be covered under a CalPERS health insurance plan may use the total cafeteria benefit allowance for other eligible benefits.

If the allowance exceeds the total cost of benefits selected, the difference shall go to the EMPLOYEE as cash (cash in lieu). Effective January 1, 2020, the maximum cash in lieu amount an employee is eligible to receive is $287.50/month.

All employees must enroll in an available City health program unless they opt out. An employee may receive cash in lieu, as specified above, for opting out of the City’s health program if he/she:

1. provides proof that the employee and all individuals f or whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and

2. signs an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made and the City will not in fact make payment if the employer knows or has reason to know that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

--
15 SECTION E. Retirement System (PERS)

1. The CITY entered into a contract with the Public Employees' Retirement System, hereinafter referred to as PERS, effective January 1, 1959.

The following benefits were put into effect for ECPOAMG members effective June 11, 1988:

a. One-year Highest Compensation (Government Code Section 20042) [unless subject to section (7) below]
b. Post Retirement Survivor Allowance ( Government Code Sections 21624, 21626 and 21628)

2. Retirement Formula 1959 Survivor Benefit

a. Employees Hired Before March 11, 2011:

The CITY agrees to contract with PERS to provide the 3% at age 50 enhanced retirement benefit pursuant to Sec tion 21362.2 of the Government Code. Said benefit shall be effective June 30, 2002 unless Sections (E)(2)(d) or (E)(7) of this Article apply.

b. Employees Hired On or After March 11, 2011:

The parties acknowledge that the City has amended its contract with PERS to provide for a 3% at 55 retirement formula with “Final Compensation” – Three Years – State or Local member” (Section 20037) for unit members hired after March 11, 2011, who are not subject to Section (E)(7) of this Article.

3. New Members

Employees who qualify as “New Members” as that term is defined by the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) shall have the benefits that are required by PEPRA, which include, but are not limited to:

a. 2.7% @ 57 retirement formula;

b. 3 year final compensation;

c. Pay employee contribution equal to 50% of normal cost and no Employer Paid Member Contributions; and

d. Stricter limits on reportable compensation (referred to as “pensionable compensation” under PEPRA).

4. Military Service Credit

a. The contract with the PERS has been amended to allow eligible employees to receive military service credit as outlined in Section 21024 of the Government Code.

16 b. The contract with the PERS had been amended to provide that after October 1, 1977, any EMPLOYEE electing to receive military credit toward retirement shall pay the cost of the time credited.

5. Sick Leave Credit

The contract with PERS was amended to include unused sick leave at retirement for credit as outlined in Section 20965 of the Government Code. At retirement, EMPLOYEES will be allowed to select the unused sick leave retirement credit benefits and/or the unused sick leave reimbursement program. This will have no effect on the annual unused sick leave conversion program.

6. No CITY Paid Employee Contribution

a. Currently, the EMPLOYEE pays the 9% EMPLOYEE'S share of the retirement cost.

Any State mandated or other increases in the cost of the retirement system resulting from increases in the benefit level of the current plan are subject to future negotiations between the CITY and the ECPOAMG. Any such cost increases will not automatically be absorbed by the CITY.

b. Effective July 1999, the City implemented CalPERS section 20636(c)(4) whereby the City will include the EMPLOYEE’s contribution as additional compensation for purposes of reporting to CalPERS, which is 0% during the term of this MOU.

7. Normal Cost for Classic Sworn Members:

Classic sworn members contribute 1% of compensation earnable toward the employee contribution to CalPERS via payroll deductions purs uant to Government Code section 20516(a) effective with the first paycheck in July 2025.

Classic sworn members shall contribute another 1% of compensation earnable (total= 2%) toward the employee contribution to CalPERS via payroll deductions pursuant to Government Code section 20516(a) effective with the first paycheck in July 2026.

In the event that this MOU expires without a successor MOU already in place, the City and Association agree that they intend the employee normal cost contributions described above shall continue after the expiration of the MOU.

8. The CITY agreed to contract with PERS to implement the Third Level of the 1959 Survivor's Benefit effective August 13, 1995.

SECTION F. Long-Term Disability

The CITY shall provide ECPOAMG employees a fully paid long-term disability plan.

17 ARTICLE 7 - LEAVES - TIME OFF

SECTION A. Vacation

1. Earned Vacation - Full Time

Each EMPLOYEE shall be credited with annual vacation with pay according to their number of months of continuous, uninterrupted, full-time service as follows:

2. Vacation Accrual Rate

EMPLOYEES shall receive vacation and vacation in lieu of the current fourteen (14) holidays (New Year's Day, Martin Luther King, Jr. Birthday , Washington's Birthday, Memorial Day, Independence Day, Labor Day, Admissions Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday following Thanksgiving Day , Christmas Eve, Christmas Day, and New Year’s Eve) in accordance with the following schedule:

a. 7.36 working hours of vacation and vacation in lie u accrued and credited bi -weekly from the date of hire until completion of the 60th month; b. 8.89 working hours of vacation and vacation in lieu accrued and credited bi -weekly following completion of the 60th month through the 180th month; c. 10.46 working hours of vacation and vacation in lieu accrued and credited bi -weekly following completion of the 180th month.

3. Vacation Credit Accumulation

a. Policy

(i) Employees shall accrue vacation hours if his/her balance is below 540 hours.
(ii) Employees who have 10 or more years of continuous uninterrupted service shall accrue vacation hours if his/her balance is below 620 hours. (iii) Employees can only exceed cap if there is a documented denial of use within preceding 12 months. The cap will then be extended by the amount denied for one year from date of denial.

b. Unused Vacation at Separation

Regular EMPLOYEES who separate from the CITY shall be paid for all unused vacation time.

4. Vacation Schedule

The EMPLOYEE shall select his/her vacation based on seniorit y and the Department Head shall approve or deny said request based on the needs of the Department.

18 5. Administrative Leave

EMPLOYEES are granted an additional 60 hours of administrative leave per year to be accrued as paid vacation.

6. Vacation Cash Conversion

Any EMPLOYEE who has used a minimum of 80 hours vacation during the preceding calendar year (ex. February 1 through January 31) may cash out accrued unused vacation days during the following month, with no cap.

If an eligible EMPLOYEE attaches proof that 80 hours of vacation hours has been taken within the prescribed period, payment will be made within 10 City Hall working days following receipt by the Human Resources Department. If the form is submitted without proof, the request will be processed as soon as reasonably possible thereafter.

SECTION B. Holidays

In the event that the City Council grants a one-time additional holiday(s) to personnel not covered by this MOU, then the EMPLOYEES covered by this MOU shall be credited immediately with eight (8) hours of vacation for each holiday. The regular holidays are listed in Section A (2) above.

SECTION C. Sick Leave

1. Sick Leave Application

Child Parent Spouse
Grand Child Foster Child Adopted Child
Step Child Legal Ward Child of Domestic Partner
Step Parent Legal Guardian Adoptive Parent
Foster Parent Sibling Parent-in-Law
Grand Parent Registered Domestic Partner Child of Person Standing in Loco Parentis

Abuse of sick leave privileges, as with all Rules, may be grounds for disciplinary action.

a. Compensation Procedure

In order to receive compensation while absent on sick leave, the EMPLOYEE shall notify the immediate supervisor or the Department Head prior to or within one half hour after the time set for beginning daily duties.
19 b. Certificate of Absences

In cases of suspected abuse, chronic sick leave use, instances requiring modified duty work assignments, or at the discretion of the City Manager, a physician's certificate may be required regardless of the length of absence.

c. Sick Leave Earning Rate

All EMPLOYEES shall accrue sick leave at the rate of 3.68 hours per bi weekly pay period. All such sick leave which is unused may be accumulated.

d. Sick Leave Conversion Privileges

Any EMPLOYEE who has taken 40 hours sick leave or less during the calendar year ending December 30 of each year shall be entitled to either convert up to 40 hours of unused sick leave to vacation leave or receive a cash payment for up to 24 hours, based upon his/her current compensation rate on an hour-for-hour basis.

In no event may an EMPLOYEE select a combination of two options or reduce the accumulated sick leave balance below 192 hours. No prorations shall be made for EMPLOYEES terminating on or before December 30 of the calendar year.

e. Reimbursement of Unused or Unconverted Sick Leave Upon Separation

After 10 years of continuous (uninterrupted) City service and upon voluntary separation under satisfactory conditions (as determined by the City Manager), an EMPLOYEE shall be eligible to receive a cash payment equivalent to 25% of all unused sick leave, less the total number of hours converted to either cash, vacation, or a combination thereof as set forth in Article 7, Section (1) (e). Such reimbursement is to be computed upon the EMPLOYEE'S final compensation rate.

(e.g. 600 (balance of sick leave on the books after conversion and use) x .25=150. 150 - 400 [hours converted previously] = Ø)

f. Unused Sick Leave at Retirement for Health Insurance Premiums FOR EMPLOYEES HIRED BY THE CITY PRIOR TO JULY 1, 2013 ONLY:

Upon retirement from City employment for any reason, an employee may elect to use unused sick leave at its dollar value at retirement (hourly base rate plus any regularly recurring biweekly premium pay, i.e., educational incentives, management incentives) to pay health insurance premiums in retirement according to the following schedule:

10 through 14 years of service: 25% of the sick leave balance at retirement;

15 through 19 years of service: 50% of the sick leave balance at retirement;

20 + years of service: 75% of the sick leave balance at retirement.

20 This benefit will be in addition to the PEMHCA statutory amount the City currently contributes to the Public Employees’ Retirement System for retiree health in surance benefits. The supplemental benefits described above shall be used to pay health insurance premiums for the retiree and dependents, if applicable. However, if the employee is deceased before the funds are exhausted, the supplemental benefits shall cease and the remaining funds shall be the City’s property.

The City elects to self-administer this plan at this time. The City will pay the annualized dollar equivalent of the Kaiser two- party health insurance premium once per year in January of each year.

In order to be eligible for this benefit, the employee must be retired with CalPERS no more than 120 days from his/her separation date from the City.

This benefit may be used in combination with service credit for unused sick leave as described in Article 6 – HEALTH AND WELFARE, SECTION E. Retirement Systems (PERS) (4) Sick Leave Credit. Only sick leave not used under this section may be applied to PERS service credit.

2. Bereavement Leave

All employees covered under this memorandum of agreement shall be entitled to the bereavement leave of absence and employment rights and privileges provided by state and federal laws and regulations. Up to three regularly scheduled working days will be paid by the City, as bereavement leave, to EMPLOYEES in order to discharge the customary obligations arising from the death of a relative as defined by the state. Employees may also request the use of an additional two regularly scheduled working days to be charged to sick or vacation leave accruals. The designated repr esentative must approve requests for such leave and documentation, as defined by the state, requested within 30 days of the leave.

3. Compulsory Sick Leave

a. If, in the opinion of the City Manager, an EMPLOYEE is incapacitated for work due to illness or disability, such EMPLOYEE may be required to submit to examination by a CITY designated physician, the costs to be borne by the CITY. The EMPLOYEE may request one change of physician. If the report of the physician shows the EMPLOYEE to be in an unfit condition to perform job duties, the City Manager shall have the right to compel the EMPLOYEE to take a leave of absence. Verification of fitness for duty shall be made by a physician designated by the CITY, with the same EMPLOYEE right to request a change as set out above, and expenses incurred in securing such verification shall be borne by the CITY. Accrued sick leave and then vacation may be used for this absence. If balances are exhausted, the City Manager may approve leave without pay for up to one year. The object of this rule is to protect the CITY's interest in having a safe and effective work force and in assisting employees in achieving a level of fitness to perform their duties.

b. Employees whose performance is adversely affected by the use of alcoholic beverages, chemical substances (illicit drugs) or prescribed or unprescribed medications, may be subject to the provisions above. EMPLOYEES whose medication may alter their behavior so as to cause a potential safety problem (e.g. related to operating equipment 21 or restrictions on being on ladders, at heights or in confined areas) must report the use of medication to their supervisor for modifying their work assignment temporarily.

Abuse or failure to report could lead to discipline.

c. Any application of this section which results in action by the CITY adverse to an EMPLOYEE or his/her continued employment may be appealed to the Personnel Commission.

4. Family Care and/or Medical Leave

EMPLOYEES shall be granted leave i n accordance with the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

Additional information regarding leave eligibility may be found on the Federal and State
website or with Human Resources.

SECTION D. Military Leave

SECTION E. Jury and Witness Leave

Every EMPLOYEE shall be entitled to be absent from duty with the CITY when called to serve as a trial juror or as a witness called by a subpoena before a court of law. Under such circumstances, the EMPLOYEE shall be paid the difference between their full salary and any payment received by them, except travel pay, for such duty. If jury service or witness time is less than a full work day, the EMPLOYEE is expected to return to work, unless a justification is provided.

SECTION F. Leave of Absence Without Pay

The City Manager may grant a regular or probationary EMPLOYEE leave of absence without pay or accrual of seniority or benefits, for a period not to exceed one year. No such leave shall be granted except upon written request of the EMPLOYEE, setting forth the reason for the request, and approval shall be in writing. Upon expiration of approved leave or within a reasonable period of time after notice to return to duty, the EMPLOYEE shall be reinstated in the position held at the time leave was granted. Failure on the part of an EMPLOYEE on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge.

EMPLOYEES making use of this provision who return to duty shall return with the seniority status for benefits and working conditions which he/she held prior to the leave. An EMPLOYEE may choose to remain in any group insurance plans by agreeing to pay the full cost, while on a leave of absence.

22 SECTION G. Workers' Compensation Leave

All compensation received in accordance with the provisions of the Labor Code and Workers' Compensation Laws of the State of California shall be deemed to be included in any compensation due from the CITY by virtue of any grant for sick leave with pay.

SECTION H. Catastrophic Leave

1. This program allows one or more EMPLOYEES to donate vacation for use by another who, due to extensive or catastrophic illness or injury, has exhausted paid leave and is subsequently facing financial hardship. Each request will be considered on a case-by-case basis.

2. Requests by an EMPLOYEE(S) to donate vacation and/or compensatory time are submitted for approval to the Director of Human Resources. After considering all issues and consultation with concerned parties, the Director of Human Resources will make a determination. Any request denied by the Director of Human Resources may be appealed to the City Manager.

Once approved, vacation credits may be transferred from the donor EMPLOYEE(S) to a "fund" established for recipient EMPLOYEE to be used on an hour-for-hour basis, in accordance with the following conditions:
a. Program is administered Citywide allowing hours to cross departments and EMPLOYEE bargaining groups.
b. Receiving EMPL OYEE must have exhausted all earned leave (sick leave, compensatory time and vacation/ vacation in lieu) and will/has entered leave without pay status.
c. EMPLOYEE(S) donating time must transfer a minimum of eight hours and in whole hour increments thereafter.
d. Donated hours are considered a gift to the recipient and irrevocable. Therefore, recipient is not required to "pay back" any hours received. e. Hours transferred will have an hour -for-hour value with no regard to dollar value of donor v. recipient.
f. Unused hours will remain in the "fund" for future use to be determined by the Director of Human Resources.
g. Once donated leave benefits become payable, temporary recovery may occur resulting in a future period(s) of disability. Approval procedures should not be necessary if periods of disability are separated by temporary recovery of 90 days or less. h. EMPLOYEES wishing to donate vacation hours must maintain a minimum vacation balance of 80 hours (after donation).

Workers' Compensation: Donated hours can be utilized for the difference, but no more than recipient EMPLOYEE'S regular salary.

23 ARTICLE 8 - LAYOFF

SECTION A. Purpose

To provide a means by which EMPLOYEES are to be demoted or laid off when a reduction in force is necessitated by a lack of work, lack of funds or abolishment of a position.

Prior to a layoff due to a reduction in force necessitated by a financial emergency, the City Council may choose to adopt other alternatives, which are legally available to avoid layoffs. Prior to any action being taken, written notice shall be given to the ECPOAMG.

SECTION B. Determination

1. The City Council shall determine, on the basis of the needs of the CITY, as recommended by the City Manager, which department and classifications shall be subject to layoff in the event a reduction in force is necessitated by lack of funds.

2. In the event a reduction in force is necessitated by a lack of work or the abolishment of positions, the City Manager shall determine which department or classifications shall be subject to layoff based upon the needs of the CITY.

SECTION C. Reduction in Force - Demotion

Except as otherwise provided, whenever there is a reduction in work force, the City Manager shall first demote to a vacancy, if any, in a lower class to whi ch the EMPLOYEE with the greatest length of seniority in the affected series shall be demoted first. Whenever two or more EMPLOYEES have identical seniority status, the EMPLOYEE with the lowest performance as determined by the City Manager shall be demoted first. All persons so demoted shall have their names placed on the classification reinstatement eligible list.

SECTION D. Order of Reduction in Force

In a reduction in force situation, the following order of layoffs shall be followed: (a) Part-time and provisional EMPLOYEES in the affected classification series; (b) Limited term EMPLOYEES in reverse order of their classification seniority in the affected class series; (c) Probationary EMPLOYEES in reverse order of their classification seniority in the a ffected class series; (d) should there be a need for further reduction, regular EMPLOYEES in the affected classification series shall be involuntarily demoted in reverse order of their classification seniority; (e) should a reduction in force still be necessary, regular EMPLOYEES shall be laid off in reverse order of their seniority in the affected class series. Any EMPLOYEE so laid off will be given (10) working days ’ notice in writing from the City Manager.

SECTION E. Determining Order of Layoff and Demotion or Employees With Identical Seniority

Should two or more EMPLOYEES have identical classification seniority, the order of layoff and demotion will be determined by length of continuous service in the affected series. Whenever two or more EMPLOYEES ha ve identical service in the affected series, the order of layoff and demotion shall be determined by the City Manager on the basis of performance.

24 SECTION F. Order and Method of Demotion Pursuant to a Reduction in Force - Bumping

When required, due to a reduction in force, EMPLOYEES shall be demoted in the following manner:

1. EMPLOYEES who are involuntarily demoted, who have held regular status in a lower classification shall have the right to bump EMPLOYEES in a lower classification with less classification seniority. For this purpose, classification seniority shall include the seniority the EMPLOYEE had in any higher classification in the affected classes as well as seniority the EMPLOYEE has in the lower classification that the EMPLOYEE is demoted to.

2. EMPLOYEES who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a probationary EMPLOYEE in such lower class. They will also be allowed to demote to a lower class if they meet or exceed the employment standards of the lower class and the skills, knowledge, abilities and typical tasks are similar to the class they are being demoted from. However, an EMPLOYEE may not bump to a lower classification they have not previously he ld where the knowledge, skills, abilities and typical tasks are not similar or related to the higher classification. Bumping to a lower classification in the class series will be allowed even though the EMPLOYEE had not previously held a position in the lower classification if the classification has been created or added to the class series following the EMPLOYEE'S promotion to a higher classification in the affected class series, or if a new entry level position was created following the EMPLOYEE'S date of hire. Bumping to a newly created classification will only be allowed if the City Manager has determined that the EMPLOYEE meets or exceeds the qualifications for that classification.

SECTION G. Reinstatement of Employees Demoted as a Result of a Reduction in Force

EMPLOYEES who are demoted as a result of a reduction in force shall have their names placed on a classification reinstatement list, in the order of their classification seniority. Vacant positions within a classification series shall first be offered to EMPLOYEES on this list.

SECTION H. Reemployment of Employees Laid Off as a Result of a Reduction in Force

EMPLOYEES who are laid off and who held regular CITY status at the time of lay off shall have their names placed on a reemployment list f or classifications in which they previously held status and for classifications at the same or lower salary range for which they qualify in the order of their seniority in the affected class series. Vacant positions in such classifications will be offered to eligibles on the Reemployment List who qualify for such vacancies prior to an open or promotional recruitment.

SECTION I. Duration of Reinstatement and Reemployment Following a Reduction in Force

The eligibility of individuals on the Reinstatement and Reemployment Lists shall extend for a period of one year from the date of demotion or lay off. Eligibles not responding to written notification of an opening within ten (10) working days shall have their names removed from either the Reemployment or Reinstatement List.

SECTION J. Restoration of Benefits Upon Reemployment Following a Reduction in Force

Upon reemployment following a reduction in force an EMPLOYEE will have the following benefits restored:
25 1. Prior sick leave balance unless the EMPLOYEE elected cash payment at the time of layoff; (refer to Article 7 (c)(1)(e))

2. Seniority at time of lay off for purposes of determining merit increases, vacation accrual rate and future reduction in force;

3. Upon reemployment, the EMPLOYEE shall be paid a t the same step of the salary range currently in affect for the classification the EMPLOYEE held immediately prior to lay off. If the EMPLOYEE chooses to be reemployed in a classification which has a salary range lower than the classification from which the EMPLOYEE was laid off, then the salary placement will be made at a point either equivalent to the EMPLOYEE'S salary range and step immediately prior to lay off, or, if the maximum of the salary range of the position to which the EMPLOYEE is to be reempl oyed is less than the salary currently in effect for the classification, the EMPLOYEE will receive the maximum of the salary range for the classification in which the EMPLOYEE is reemployed.

4. All benefits EMPLOYEES are eligible to receive including the deferred compensation benefit if they were receiving it prior to layoff.

SECTION K. Quarterly Performance Reports

Quarterly performance reports will be required to be completed during the first year of reemployment on any EMPLOYEE appointed from a reemployment list or classification reinstatement list.

SECTION L. Payoff of Accruals Upon Layoff

Laid off EMPLOYEES are to be paid for all accrued holidays, vacation and non- exempt overtime when separated as a result of a lay off. The sick leave accruals of s uch EMPLOYEE will remain on the books and will be reinstated if they are reappointed unless the EMPLOYEE is eligible for, and elects to, participate in, the sick leave reimbursement program upon termination.

SECTION M. Retirement Contribution

SECTION N. Non-discrimination in Reduction in Force

Layoffs and demotions which result from a reduction in force shall be made without regard to an EMPLOYEE’S sex, race, color, ancestry, religious creed, national origin, disability (including AIDS and HIV), medical condition (Cancer), age (over 40), and marital status.

26 ARTICLE 9 - INDIVIDUAL PERSONNEL FILES

SECTION A. Traffic Accidents

The CITY and the ECPOAMG do hereby agree to purge an EMPLOYEE' S personnel record, upon written request to the City Manager, of all letters of reprimand relating to the EMPLOYEE'S traffic accidents. This will be approved only after a full year of accident-free driving has occurred.

SECTION B. Disciplinary Actions

Upon request of the EMPLOYEE to the City Manager, the CITY will purge disciplinary actions that do not relate to workers' compensation or unresolved liability claims and are more than three (3) years old, provided that no similar disciplinary actions have been imposed on said EMPLOYEE.

Unless required by law, EMPLOYEES subject to internal affairs investigations shall not be provided with any documents nor granted any right to discovery prior to their investigative interview.

ARTICLE 10 - GRIEVANCE PROCEDURE

SECTION A. 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 assure fair and equitable treatment of all EMPLOYEES and promote harmonious relations among EMPLOYEES, supervisors and management.

3. To encourage the settlement of disagreements informally at the employee–supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory level s where necessary.

4. To provide that appeals shall be conducted as informally as possible the cause of grievance; thereby reducing the number of grievances and future similar complaints.

SECTION B. Reviewable Grievances

To be reviewable under this procedure, a grievance must:

1. Concern matters or incidents that have occurred.

2. Result from an act or omission by management regarding working conditions or other aspects of employer –employee relations over which the head of the department or the CITY has control.

3. Arise out of a specific situation, act or acts complained of as being unfair which result in an inequity or damage to the EMPLOYEE.

4. Specify the relief sought, which relief must be within the power of the head of the department or the City Manager to grant in whole or in part.

27 5. Or be in violation of this MOU.

SECTION C. Non-reviewable Grievances

1. Applications for changes in title, job classification or salary.

2. Appeals from formal disciplinary proceedings.

3. Appeals arising out of merit system examinations.

4. Appeals from work performance evaluations.

SECTION D. Informal Grievance Procedure

An EMPLOYEE who has a problem or complaint should first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion, the EMPLOYEE does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate supervisor, if any, in the administrative service. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the EMPLOYEE is not in agreement with the decision reached by discussion, he/she shall have the right to file a formal grievance in writing within ten days after rec eiving the informal decision of the immediate superior. An informal grievance shall not be taken above the City Manager.

SECTION E. Special Provisions of the Formal Grievance Procedure

1. Filing of Grievances

Grievances may be filed by an individual EM PLOYEE, a group of EMPLOYEES, or the ECPOAMG on behalf of one or more EMPLOYEES if said EMPLOYEE(S) so request.

2. Procedure for Presentation

In presenting a grievance, the EMPLOYEE shall follow the sequence and procedure outlined in this Article.

3. Prompt Presentation

The EMPLOYEE shall discuss the grievance with the immediate supervisor promptly after the act or omission of management causing the grievance.

4. Prescribed Form

The formal written grievance shall be submitted on a form prescribed by the City Manager for this purpose. Supervisors and the Human Resources Office shall maintain an adequate supply of such forms.

28 5. Statement of Grievance

The grievance shall contain a statement of:

a. The specific situation, act or acts complained of as being unfair;

b. The inequity or damage suffered by the EMPLOYEE; and

c. The relief sought.

6. EMPLOYEE Representation

The EMPLOYEE may choose someone to represent him/her at any step after the first step of the procedure; i.e., at any step after forma l discussion with his/her immediate supervisor. No person hearing a grievance need recognize more than one representative for any EMPLOYEE at any one time unless he/she so desires.

7. Handled During Working Hours

Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved.

8. Extension of Time

The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended.

9. Consolidation of Grievances

If the grievance involves a group of EMPLOYEES or if a number of EMPLOYEES file separate grievances on the same matter, the grievances shall be handled as a single grievance.

10. Settlement

Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time.

11. Reprisal

SECTION F. Formal Grievance Procedure Steps

1. First Level of Review

29 The appeal shall be presented in writing to the EMPLOYEE'S immediate supervisor, who shall render a decision and comments in writing and return them to the EMPLOYEE within 15 calendar days after receiving the appeal. If the EMPLOYEE does not agree with the supervisor's decision, or if no answer has been received within 15 calendar days, the EMPLOYEE may present the appeal in writing to the supervisor's immediate superior. Failure of the EMPLOYEE to take further action within 10 calendar days after receipt of the written decision of the supervisor, or within a total of 25 calendar days if no decision is rendered, will constitute a dropping of the appeal.

2. Further Level or Levels of Review as Appropriate

The supervisor receiving the appeal shall review it, render the decision and comments in writing, and return them to the EMPLOYEE within 15 calendar days after receiving the appeal.

If the EMPLOYEE does not agree with the decision, or if no answer has been received within 15 calendar days, the appeal may be presented in writing to the department head. Failure of the EMPLOYEE to take further action within 10 calendar days after receipt of the decision, or within a total of 25 calendar days, if no decision is rendered, will constitute a dropping of the appeal.

3. Department Review

The department head receiving the appeal or the designated representative, shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons.

The department head shall render a decision and comments in writing and return them to the EMPLOYEE within 15 calendar days after receiving the appeal. If the EMPLOYEE does not agree with the decision reached, or if no answer has been received within 15 calendar days, the appeal may be presented in writing to the City Manager. Failure of the EMPLOYEE to take further action within 10 calendar days after receipt of the decision, or within a total of 25 calendar days, if no decision is rendered, will constitute a dropping of the appeal.

1. City Manager

The City Manager receiving the appeal or the designated representative should discuss the grievance with the EMPLOYEE, their represe ntative, if any, and with other appropriate persons. The City Manager may designate a fact -finding committee, or officer not in the normal line of supervision, or Personnel Commission to advise concerning the appeal. The City Manager shall render a decisio n in writing to the EMPLOYEE within 20 calendar days after receiving the appeal.

ARTICLE 11 - SUGGESTION AWARD PROGRAM

SECTION A. Purpose

1. The purpose of a Suggestion Award Program is to develop increased efficiency of governmental operations in the CITY by providing recognition to EMPLOYEES for submission of original and constructive suggestions. Such a program stimulates imaginative and inventive thinking among EMPLOYEES which can eliminate duplication, waste or safety hazards, reduce costs or accidents, improve service, methods of equipment or save time, work, money, materials or space.

30 SECTION B. Suggestion Award Program

A copy of said program is available at CITY'S Human Resources Department.

ARTICLE 12 - OUTSIDE EMPLOYMENT

SECTION A. General Statement

When a person accepts employment with the CITY, it is understood that this employment is to be that person's primary vocational responsibility. Any other employment, regardless of form, where personal services are rendered or goods or proper ty are sold for financial business gain, is considered outside employment and is subject to the provisions set forth in this section.

SECTION B. Application for Outside Employment

1. Outside Employment Statement

An EMPLOYEE who wishes to engage in outsi de employment must file an Outside Employment Statement with the City Manager. All Outside Employment Statements on file in the Human Resources Office will be annually reviewed by the City Manager in accordance with the guidelines in Section C.

2. Acceptable Statements

The Outside Employment Statement will be given to the City Manager who will make the determination concerning the acceptability of the request.

3. Failure to Submit Statement

If the CITY discovers that an EMPLOYEE is engaged in outside em ployment and has not submitted an Outside Employment Statement, the EMPLOYEE may be subject to disciplinary action including termination as determined by the City Manager.

SECTION C. Guidelines for Approving Outside Employment

Outside employment will be reviewed on the basis of its compatibility with the continued satisfactory performance of an EMPLOYEE'S official CITY duties. Review of Outside Employment Statements will be based on the following criteria:

1. Does the EMPLOYEE'S Outside Employment compromise the CITY so as to create conflict of interest?

2. Does the EMPLOYEE'S department control, inspect, review, audit or enforce the Outside Employment?

3. Does the Outside Employment involve the acceptance of money or other consideration from an agency or individual(s) for the performance of an act which the EMPLOYEE would be required to render while acting in an official capacity as an EMPLOYEE?

31 4. Is the EMPLOYEE utilizing CITY information not normally available to the public in the performance of outside employment?

5. Is the position inconsistent, incompatible or in conflict with assigned duties?

6. Does the Outside Employment unduly interfere with the scheduling of work hours and/or emergency call-out?

7. Would the Outside Employment aggravate an y physical disability or infirmity of the EMPLOYEE (as indicated by sick leave record) and/or physical or mental stress of the outside work?

8. The EMPLOYEE will not be allowed, under any circumstance, to use his/her CITY title when engaged in Outside Employment.

SECTION D. Revocation

The CITY may revoke any prior approval of Outside Employment for any reason where any act or behavior of the EMPLOYEE during his/her performance of outside work detrimentally reflects upon a department or the CITY in general. Written notice stating the reason for revocation and the effective date shall be given to the EMPLOYEE. A copy of this notice will be placed in the EMPLOYEE'S personnel jacket.

SECTION E. Workers' Compensation

Workers' Compensation claims resulting f rom injuries or illnesses sustained during the course of Outside Employment shall be determined by State Law.

SECTION F. Unauthorized Outside Employment

Unauthorized outside employment may result in disciplinary action, up to and including dismissal.

ARTICLE 13 - EMPLOYEE RIGHTS

SECTION A. No Discrimination

EMPLOYEES shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment. EMPLOYEES also shall have the right to refuse to join or participate in the activities of EMPLOYEE organizations and shall have the right to represent them -selves individually in their employment relations with the CITY. No EMPLOYEE shall be interfered with, intimidated, restrained, coerced or discriminated against by the CITY or by any EMPLOYEE organization because of his/her exercise of these rights.

SECTION B. Public Safety Officers Procedural Bill of Rights

The Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq) shall be applied equally to all EMPLOYEES and is incorporated by reference.

32 SECTION C. Discipline

The CITY may only discipline an EMPLOYEE for just cause. In the case of disciplinary action involving a reprimand, suspension, demotion, or discharge, the EMPLOYEE shall be given notice of the action to be taken, a copy of the evidence or materials upon which the action is to be based, and an opportunity to respond to the imposing authority either orally or in writing within seven (7) calendar days of the notice of the action. The above process will occur prior to the imposition of the discipline.

In the event o f extra ordinary circumstances, the CITY may suspend an EMPLOYEE without pay pending termination. In said event the EMPLOYEE shall still have a right to the above hearing.

ARTICLE 14 - CITY RIGHTS

The rights of the CITY include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the conte nt of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

In exercising the above rights, the CITY shall comply with all applicable provision(s) of this MOU.

Drug-free Workplace Act of 1988

The ECPOAMG agrees to support a drug- free workplace as required by the Federal Regulations passed in 1988. For further details, refer to the appropriate City Council Resolution or contact the Human Resources Department.

ARTICLE 15 - FEDERAL - STATE LAWS

It is understood and agreed that this MOU is subject to all present and future applicable federal and state laws and regulations and the provisions hereof shall be effective and implemented not to conflict with such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of federal or state laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable laws and regulations, and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect. Modifications to such sections will be made within a reasonable period of time via the Meet and Confer process.

ARTICLE 16 - NON-DISCRIMINATION

The ECPOAMG accepts and supports the official CITY policy of Affirmative Action as outlined in City Council Policy A –17 providing equal employment opportunities on the basis of merit and avoiding discriminating practices against any EMPLOYEE because of sex, race, color, ancestry, religious creed, national origin, disability (including AIDS and HIV), medical condition (Cancer), age (over 40), and marital status.
33 ARTICLE 17 - AGENCY SECURITY

Continuous and uninterrupted service by the CITY and its employees to the citizens, and orderly employee relations between the CITY and its EMPLOYEES being essential considerations of this MOU, the ECPOAMG agrees, on behalf of itself and its members, individually and collectively, that there shall not be any strikes, boycotting, work stoppages, shutdowns, or slowdown-speed-up actions, or a concerted refusal to render services or to work overtime or a ny other curtailment, restriction or acceleration of work at any time during the term of this MOU.

Nothing shall be construed in this MOU to prevent the ECPOAMG or the EMPLOYEES from exercising any legal rights prescribed by Federal or State Law.

ARTICLE 18 - EMPLOYEE ASSISTANCE PROGRAM

The CITY agrees to continue funding an EMPLOYEE Assistance Program as proposed by the ECPOA, ECPOAMG, ECFFA, and Fire management to a maximum cost to the CITY of $30,000 for the term of this contract. Details shall be finalized as part of a separate contract with the provider and will be available from either the ECPOAMG or the CITY.

ARTICLE 19

This article is intentionally left blank

ARTICLE 20 - ECPOAMG RIGHTS

SECTION A. ECPOAMG Rights

The CITY recognizes the right of the ECPOAMG to govern its internal affairs.

SECTION B. Dues Deduction

Upon the receipt of a written request and authorization from an EMPLOYEE for deduction of ECPOAMG "dues", the CITY shall withhold such dues from the salary of the EMPLOYEE on a bi- weekly payroll basis and remit the withholdings to the ECPOAMG in a timely manner. The CITY shall continue to withhold such dues until the EMPLOYEE files a written statement with the CITY withdrawing authorization for the continued withholding of the dues, giving at least 30 days' advance notice.

SECTION C. Bulletin Board

The ECPOAMG shall have shared use of specific bulletin board space with the ECPOA, clearly marked and identified as such, of approximately 4 feet by 8 feet in dimension, located in the briefing room of the Police Department. The Police Chief, the ECPOAMG and ECPOA shall designate the authorized bulletin board space and said space shall be the only space which is authorized for the posting of their business. Material placed on the bulletin board shall be at the discretion of the members with the understanding that materials so posted shall only be for legitimate communications with members. Said postings shall not be offensive to good taste, defamatory, or involve support or 34 opposition to candidates for political office within the CITY government. The ECPOA and ECPOAMG shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials.

SECTION D. EMPLOYEE Representation

The EMPLOYEE shall be allowed to designate a representative to assist said EMPLOYEE in: 1.

Preparing and presenting grievances. 2. Preparing and processing material for Disciplinary Hearings.

3. Preparing and presenting material for any legitimate Employer -Employee relations matter for which representation is granted pursuant to existing law.

SECTION E. Access to Work Locations

Reasonable access to EMPLOYEE work locations shall be granted to the officers of the Association and its designated official representative during EMPLOYEES' work hours for the purpose of processing grievances or to contact members of the Association concerning business within the scope of representation. Such officers or representative desiring access shall follow departmental procedures governing non-EMPLOYEE access to work locations.

Association meetings may be held during work hours at the police facility provided the proposed Association meeting does not interfere with the normal operations of the department.

ARTICLE 21 - CURRENT PRACTICES

It is understood that existing ordinances, resolutions, City Council and administrative policies of the CITY, Personnel Rules, and Police Department Rules and Regulations covering matters pertaining to employer-employee relations including, but not limited to, wages, salaries, benefits, hours and other terms and conditions of employment, are hereby incorporated herein by this reference and made a part hereof as though set forth in full and, except as provided herein, shall remain in full force a nd effect during the term thereof, except to the extent the parties agreed to modify them during the negotiations resulting in this MOU.

ARTICLE 22 - MAINTENANCE OF BENEFITS

The status of all existing benefits and conditions of employment now enjoyed by EMPLOYEES shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation thereof.

The CITY and ECPOAMG hereby expressly waive any right to request any improvements or other changes in the wages, hours, or other conditions of employment of EMPLOYEES in the ECPOAMG covered by this MOU. Neither the CITY nor the ECPOAMG shall be required to "Meet and Confer" as to any such request unless by mutual consent of both parties, except to the exte nt required by this MOU. The right of ECPOAMG and the CITY to "Meet and Confer" on the interpretation of application of this MOU is excluded in the waiver described above. 35 ARTICLE 23 - TERMS AND RENEGOTIATION

SECTION A. GENERAL

This MOU shall become effective only after ratification by members of the ECPOAMG and adoption by the City Council of the CITY and continue in effect through June 30, 2027.

36 This MOU is effective through June 30, 2027.

For the CITY For the ECPOAMG

Graham Mitchell Jeremiah Larson
City Manager ECPOA-MG President
Police Lieutenant

______________________________ _______________________________ Marisol Thorn Darrin Forster
Director of Human Resources ECPOA-MG Representative
Police Lieutenant

37 City Council
Agenda Report
Agenda Item 8.

DATE: May 14, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Public of Works
SUBJECT: Continuation of Emergency for Storm Damage Repairs to Public Facilities RECOMMENDATION:

That the City Council adopts the next Resolution, in order, proclaiming the Continuation of Emergency for Storm Damage Repairs to Public Facilities.

BACKGROUND:

This report provides an update on the Emergency Storm Damage Repairs to public facilities incurred by our City due to recent storms. On February 15, 2024, the City Manager declared an emergency for immediate repairs to protect surrounding property, maintain the integrity of critical stormwater infrastructure, and preserve life and safety. On February 27, 2024, the City Council ratified the City Manager's Declaration and established a Declaration of Emergency with Resolution No. 021-24. The following is an overview of actions taken and next steps:

Stormwater Channels
On March 27, 2024, Jimenez Inc. dba MJC Construction (MJC Construction) completed the concrete channel bottom and wall repairs on the County Channel and Forester Creek. The repairs included water diversion and the removal and replacement of steel-reinforced concrete.

The initial anticipated cost estimate for repairs was $200,000. With all work completed, the final amount was $150,000.

Collapsed Trees
West Coast Arborist completed the removal of a collapsed tree on Avocado Avenue and a tree obstructing the natural storm channel along the east side of Avocado Avenue. The estimated cost for removal is $10,000, with the final cost being $11,281.25.

Slope Erosion
On March 12, 2024, Kleinfelder, a geotechnical engineering company, visited the site to observe the slide area. The geologist completed the geologic mapping of the western slope of Avocado Avenue north of Skywood Drive and provided preliminary recommendations on addressing the slope erosion. The recommendations included methods to mitigate the existing slope erosion, including digging back the upper ten feet of the slope to a shallower gradient, removing overhangs and vertical slope sections, and installing a catchment structure along the slope toe to impede or slow any failed material. Staff coordinated the work to remove immediate hazards with contractors experienced with slope remediation techniques. Montano Pipeline completed the work associated with the upper slope area (digging back to a shallower gradient) on April .!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
30, 2024. The approximate cost for this work is $262,656. Kleinfelder is performing a more profound study using geotechnical borings to provide the catchment structure design. A drilling subcontractor has been secured to perform the geotechnical borings on May 13 and 14, 2024.

Geotechnical engineering work is estimated to cost $200,000. Once the design of the catchment structure is completed, Montano Pipeline will provide the installation cost for approval. A professional Land Surveying consultant marked the City of El Cajon's slope-and-drainage easement, recorded in 1973, and confirmed the jurisdictional boundaries.

The #2 southbound lane of Avocado Avenue remains closed to traffic.

Initially, there were some assumptions that several private property owners had liability in the slope failure. However, after further investigation, it is apparent that the City will bear responsibility for repair and mitigation measures.

Wells Park Baseball Dugouts
The Wells Park dugout roofs on the baseball fields collapsed during the storm due to heavy rain and moisture. Public Works staff demolished and disposed of both collapsed dugout roofs. Staff has coordinated the structural design and replacement of both structures with MJC Construction. Construction of the replacement roofs will begin once the structural drawings are complete and approved by the City. The estimated cost is $36,260.

On March 12, 2024, City staff attended a mandatory meeting regarding authorized California Disaster Assistance Act (CDAA) funding for San Diego County for the January 2024 Winter Storm to help impacted communities recover from the event. City staff submitted the necessary documentation to apply for reimbursement utilizing the CDAA Program. If it is determined that our emergency expenditures are eligible costs, Cal OES will reimburse the City for up to 75% of eligible repair work costs related to this emergency.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Emergency repairs to publicly-owned service facilities necessary to maintain service essential to the public health, safety, or general welfare are exempt from the California Environmental Quality Act (CEQA) pursuant to section 15269(b) (Emergency Projects) of the State CEQA Guidelines.

FISCAL IMPACT:

In the Fiscal Year 2023-24 Budget, funding is available in the amount of $660,000 in Wastewater Maintenance Annual (650720).

Prepared By: Monica Martinez, Sr. Management Analyst
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution

Page 1 of 2 ends

RESOLUTION NO. ___-24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EL CAJON PROCLAIMING THE

CONTINUATION OF EMERGENCY FOR STORM DAMAGE REPAIRS

WHEREAS, the El Cajon City Council ("City Council") is authorized under section 8630 of the California Government Code to proclaim the existence of a local emergency when conditions exist within the jurisdiction of the City of El Cajon (the "City") which pose an extreme peril to public health, safety and life; and

WHEREAS, section 8.08.060 of the El Cajon Municipal Code empowers the City Council to proclaim a local emergency when the City is affected or likely to be affected by a public calamity; and

WHEREAS, after the discovery of storm-caused damage in three (3) locations in Forester Creek and damage at another location of a storm drain channel north of Johnson Avenue (the “County Channel”); fallen and damaged trees on, and erosion on the western slope of, Avocado Avenue, north of Skywood Drive (adjoining City limits to the west); and later discovered collapsed dugout roofs at the Wells Park baseball fields, the City Manager declared an emergency on February 15, 2024; and

WHEREAS, while the repairs to the County Channel, the removal of fallen and damaged trees on Avocado Avenue, and the repairs to the channel bottom of Forester Creek have been completed, replacement of the collapsed dugout roofs at the Wells Park baseball fields and repairs to the slope erosion to the western slope of Avocado Avenue remain ongoing, and it is necessary for the City Council to again ratify the City Manager’s proclamation of emergency on February 15, 2024 , as ratified by the City Council on February 27, 2024, by Resolution No. 021-24; on March 12, 2024, by Resolution No. 024- 24; on March 26, 2024, by Resolution No. 030- 24; on April 9, 2024, by Resolution No . 035-24; and on April 23, 2024, by Resolution No. 037-24.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. That the foregoing recitals are true and correct, and are the findings of the City Council.

2. That in adopting Resolution No. 021- 24, the Cit y Council approved an exemption from further environmental review under section 15269(b) (Emergency Projects) of California Environmental Quality Act (" CEQA") Guidelines, and authorized staff to file a notice of exemption for this emergency project.

3. That the City Council hereby proclaims the continuation of the local emergency for storm damage repairs.

4. That the City Manager, or such person designated by the City Manager, is authorized and directed to apply for, and execute such documents required to establish

Page 2 of 2 ends

eligibility to, reimbursement of storm repair work in accordance with such state and federal dis aster relief programs established to assist local governments following the January 2024 Winter Storm, including, but not limited to, the California Disaster Assistance Act through the Governor's Office of Emergency Services.

5. That the local emergency shall be deemed t o continue to exist until termination is proclaimed by the City Council of the City of El Cajon.

05/14/24 CC Agenda
Reso - Proclaiming Emergency Continuation #5 for Storm Damage Repairs 050324 City Council
Agenda Report
Agenda Item 9.

DATE: May 14, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Public of Works
SUBJECT: Approval of a Resolution Authorizing Execution of the Fourth Amendment to Metro Wastewater JPA’s Joint Powers Agreement for the Metro Wastewater Joint Powers Authority Regarding Candidacy Requirements of the Treasurer and Auditor and the Legal Advisor
RECOMMENDATION:

BACKGROUND:

El Cajon has been a Participating Agency (PA) in the Metro Wastewater Joint Powers Authority (JPA) since its creation by the Joint Exercise of Powers Agreement (Agreement) in 2000. The Agreement governs the Metro organization, including the Regional Waste Water Disposal system, which collects, conveys, and treats wastewater from the PAs, including the City of El Cajon.

As part of the recent effort to modernize the Agreement, which is now more than two decades old, a Fourth Amendment has been proposed for each Participating Agency’s review and approval. This proposed Fourth Amendment adjusted the requirements for two specific officer positions for the Metro JPA. The first proposed adjustment would allow the Metro JPA Board to appoint anyone authorized by the Joint Powers Law to be Treasurer and Auditor, whereas currently the language of the JPA only allows the finance manager or director of one of the PAs.

The second proposed adjustment would remove the provision that requires the Metro JPA’s legal advisor to also be counsel to one of the PAs. This change would potentially avoid perceived or actual conflicts of interest, though it would not specifically preclude the Metro JPA’s legal advisor from also being legal counsel to one of the PAs.

The Public Works Department recommends that the City proceeds with bringing the proposed agreement amendment to the May 14, 2024, City Council Hearing for approval. The proposed language will not restrict any of the existing potential candidates for the respective JPA Board designee positions but allow for a larger pool within the existing limitations of the law. This effort would reduce the past difficulties in finding jurisdictions willing to provide candidates. .!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed action is exempt from the California Environmental Quality Act ("CEQA") in accordance with State Guidelines section 15378(b)(5), because it is an administrative activity of government that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

None at this time.

Prepared By: Blake Behringer, Associate Engineer
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
Cover Memo
4th Amendment to JPA Agreement

Page 1 of 1 ends

RESOLUTION NO. ___-24

RESOLUTION APPROVING FOURTH AMENDMENT TO

JOINT EXERCISE OF POWERS AGREEMENT FOR THE

METRO WASTEWATER JOINT POWERS AUTHORITY
TO AMEND SECTIONS 3.02 AND 3.05

WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La M esa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California; the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Highways Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California), (the “Participating Agencies”) entered into a Joint Exercise of Powers Agreement creating the Joint Powers Authority (" JPA") for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement (the “Agreement”); and

WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and

WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and

WHEREAS, on October 17, 2007, the City of Chula Vista was added as a Participating Agency of the JPA; and

WHEREAS, Article VIII, Section 8.05 of the Agreement allows for amendments of the Agreement; and

WHEREAS, the Participating Agencies wish to make certain amendments to Section 3.02 Treasurer and Auditor, and Section 3.05 Legal Advisor, of Article III, to reflect updates in officers and employees of the organization.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. The City Council of the City of El Cajon hereby approves the Fourth Amendment to Joint Powers Agreement for the Metro Wastewater Joint Powers Authority to amend Sections 3.02 and 3.05 of Article III.

2. The Mayor is hereby authorized to execute said Fourth Amendment to the JPA to amend Sections 3.02 and 3.05 of Article III on behalf of the City of El Cajon.

05/14/24 CC Agenda
Reso – Metro Wastewater JPA 4th Amend 042424
--

PROCOPIO
525 B Street
Suite 2200
San Diego, CA 92101
T. 619.238.1900
F. 619.235.0398

MEMORANDUM

DEL MAR HEIGHTS

LAS VEGAS

ORANGE COUNTY

PHOENIX

SAN DIEGO

SILICON VALLEY

WASHINGTON, DC

TO: Metro Wastewater JPA Board of Directors
Metro Wastewater Technical Advisory Committee
Participating Agency City Clerks and Board
Secretaries

FROM: Adriana R. Ochoa
DATE: February 28, 2024
RE: Fourth Amendment to Metro Wastewater JPA’s Joint Powers Agreement

Enclosed with this cover memo is the proposed Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section 3.05 of the Joint Powers Agreement for each Participating Agency’s review and approval.

This proposed Fourth Amendment makes two amendments to the joint powers agreement to reflect updates in officers for the Metro Wastewater Joint Powers Authority (the “Metro JPA”): (1) It amends section 3.02, Treasurer and Auditor, by expanding the definition to allow the Metro JPA Board to appoint anyone authorized by the Joint Powers Law to be treasurer/auditor, whereas currently the language of the JPA only allows the finance manager or director of one of the Participating Agencies to be designated as the auditor/treasurer (the final appointment, however, remains with the Metro JPA Board of Directors); and (2) It amends section 3.05 by striking the provision that requires the Metro JPA’s legal advisor to also be counsel to one of the Participating Agencies. This strikeout is proposed to avoid potential or perceived conflicts of interest, although it does not preclude the Metro JPA’s legal advisor from also being legal counsel to one of the Participating Agencies. Neither amendment changes either of the current appointments for treasurer/auditor or legal advisor. These are merely clean-up items that accompany the Metro JPA’s recent organizational assessment.

Comparisons between the old and proposed new language are below for your information and convenience. The strikeout shows the old language in comparison to the new language.

3.02 Treasurer and Auditor. Pursuant to Section 6505.6 of the Government Code, the finance manager or director of one of the Participating Agencies shall be designated as the Auditor and Treasurer of the JPA. The Auditor and Treasurer shall be the depository, shall have custody of all of the accounts, funds, and money of the JPA from whatever source, shall have the duties and ~ Procopio&
-
procopio.com

2 127891-00000002/7759073.1
obligations set forth in Section 6505 and 6505.5 of the Government Code and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the JPA.

3.02 Treasurer and Auditor . The Treasurer and Auditor may be any person(s) duly appointed by the Board and permitted to serve as the JPA Treasure r and/or Auditor pursuant to Government Code Sections 6505.5 and/or 6505.6. The Treasurer shall be the depository, shall have custody of all of the accounts, funds, and money of the JPA from whatever source, and shall have the duties and obligations set forth in Government Code sections 6505, 6505.5 and/or 6505.6 as applicable, and shall assure that there shall be strict accountabili ty of all funds and reporting of all receipts and disbursements of the JPA. The officer performing the duties of Auditor shall have the duties and obligations set forth in Government Code section 6505, 6505.5 and/or 6505.6, as applicable.

3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor of the JPA who shall perform such duties as may be prescribed by the Board. Such legal advisor shall be legal counsel to one of the Participating Agencies.

REQUESTED ACTION: The Metro JPA respectfully requests the enclosed Fourth Amendment be added to each Participating Agencies’ regular meeting agendas for consideration and approval, and returned to the Metro JPA Board Secretary, Lori Peoples, at [email protected], by no later than June 30, 2024. Any questions can be directed to Metro JPA’s Executive Director, Karyn Keze, at [email protected] or Metro JPA’s legal counsel, Adriana Ochoa, at [email protected].

~ Procopio&
-
procopio.com

FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT

FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY
TO AMEND SECTIONS 3.02 AND 3.05 OF THE JOINT POWERS AGREEMENT

This Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority is made effective as of the d ate of the last signature by a Participating Agency (defined below), in the County of San Diego, State of California by each of the Participating Agencies of the Metro Wastewater JPA, a Joint Powers Agency (“JPA”) existing and organized pursuant to the provisions of Government Code section 6500 et seq.

RECITALS

WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Wint er Gardens Sewer Maintenance District, a maintenance district established pursuant to Califo rnia Streets & Hwys. Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a politi cal subdivision of the State of California; and the Spring Valley Sanitation District, a politi cal subdivision of the State of California) (the “ Participating Agencies”) entered into a Joint Exercise of Powers Agreement (“Agreement”), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and

WHEREAS, on February 12, 2003, the Otay Water District was adde d as a Participating Agency of the JPA; and

WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and

WHEREAS, on October 17, 2007, the City of Chula Vista was added a s a Participating Agency of the JPA; and

WHEREAS, Article VIII, Section 8.05 of the Agreement allows for amendments of the Agreement; and
WHEREAS, the Participating Agencies wish to make certain amendments to reflect updates in officers and employees of the organization.

AGREEMENT

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

A. Pursuant to Article VIII, Section 8.05 of the Agreement, eac h of the Participating Agencies hereby amend the Joint Exercise of Powers Agreement for the Met ro Wastewater JPA, as follows:

1. Article III, Section 3.02 is hereby revised in its entirety to read as follows:

3.02 Treasurer and Auditor. The Treasurer and Auditor may be any person(s) duly appointed by the Board and permitted to serve as the JPA Treasurer and/or Auditor pursuant to Government Code Sections 6505.5 and/or 6505.6. The Treasurer shall be the depository, shall have custody of all of the accounts, fund s, and money of the JPA from whatever source, and shall have the duties and obligat ions set forth in Government Code sections 6505, 6505.5 and/or 6505.6 as applicab le, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the JPA. The officer performing the duties of Auditor shall have the duties and obligations set forth in Government Code section 6505, 6505.5 and/or 6505.6, as applicable.

2. Article III, Section 3.05 is hereby revised in its entirety to read as follows:

3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor of the JPA who shall perform such duties as may be prescribed by the Board.

B.. All other terms and conditions of the Joint Exercise of Pow ers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall remain binding upon each of the Participating Agencies.

IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date first written above.

1. CITY OF CORONADO ATTEST
By:

2. CITY OF DEL MAR

ATTEST
By:

3. CITY OF EL CAJON

ATTEST
By:

4. CITY OF IMPERIAL BEACH

ATTEST
By:

5. CITY OF LA MESA

ATTEST
By:

6. LEMON GROVE SANITATION

DISTRICT

ATTEST
By:

7. CITY OF POWAY

ATTEST
By:

8. PADRE DAM MUNICIPAL WATER

DISTRICT

ATTEST
By:

9. COUNTY OF SAN DIEGO on behalf of

WINTER GARDENS SEWER

MAINTENANCE DISTRICT, LAKESIDE

SANITATION DISTRICT, ALPINE

SANITATION DISTRICT, AND SPRING

VALLEY SANITATION DISTRICT

ATTEST
By:

10. OTAY WATER DISTRICT

ATTEST
By:

11. NATIONAL CITY

ATTEST
By:

12. CHULA VISTA

ATTEST
By:

City Council
Agenda Report
Agenda Item 10.

DATE: May 14, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Award of Bid No. 005-25 – Traffic Signal System Maintenance, Emergency Repairs, and Related Construction Services
RECOMMENDATION:

That the City Council adopts the next Resolutions, in order, to:

Approve the Plans and Specifications for Traffic Signal System Maintenance, Emergency Repairs, and Related Construction Services, Bid No. 005-25; and

2. BACKGROUND:

The Traffic Signal System Maintenance, Emergency Repairs, and Related Construction Services is a four-city cooperative contract with the City of El Cajon as the lead agency. The bid was advertised on February 29, 2024, and the City received three responses on April 15, 2024; all responses were evaluated.

Staff recommends the City Council adopt resolutions to (1) Approve the plans and specifications for the service, and (2) Award the bid to the lowest responsive, responsible bidder, Southwest Traffic Signal Service, Inc., in the amount of $473,740.40. The summary of bids is attached, and complete proposals are on file in the Purchasing Division.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed Traffic Signal System Maintenance, Emergency Repairs, and Related Construction Services is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301(c) of the State CEQA Guidelines. This exemption applies to projects involving repair and maintenance of existing public or private structures, facilities, and mechanical equipment involving negligible or no expansion of use, including public streets and highways.
.!!!!_ Valley of opportunity
~ ~ ~
C'o ~ '\.o,
"'Poratel\
FISCAL IMPACT:

The initial fiscal impact for the City of El Cajon’s portion of this project is $220,130.20. Sufficient funds are included in the proposed Fiscal Year 2024-25 Annual Budget Public Works TR Eng-Repairs & Maint (101520), contingent upon City Council approval. Subsequent 4-year costs, based on a projected increase of 5% annually, for El Cajon’s portion are estimated to total $996,228.11 ($2,143,974.36 for all cities combined).

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution - Approve Plans & Specs
Resolution - Award of Bid
Bid Summary - 005-25

Page 1 of 2 ends

RESOLUTION NO. ___-24

RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR

TRAFFIC SIGNAL SYSTEM MAINTENANCE, EMERGENCY REPAIRS,

AND RELATED CONSTRUCTION SERVICES
(Bid No. 005-25)

WHEREAS, the Director of Public Works has submitted plans and specifications for Bid No. 005-25 Traffic Signal System Maintenance, Emergency Repairs, and Related Construction Services (the "Project"); and

WHEREAS, it appears to be in the best interests of the City of El Cajon that the plans and specifications for the Project should be approved.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. That the plans and specifications for the Project submitted by the Direc tor of Public Works are hereby approved and adopted as the official plans and specifications for said Project.

2. Said plans and specifications are directed to be filed in the office of the Director of Public Works of the City of El Cajon.

05/14/24 CC Agenda
Reso – Bid No. 005-25 – Traffic Signal System Maintenance - Approve Plans & Specs 042924

Page 1 of 2 ends

RESOLUTION NO. __-24

RESOLUTION AWARDING BID FOR

TRAFFIC SIGNAL SYSTEM MAINTENANCE,

EMERGENCY REPAIRS, AND RELATED

CONSTRUCTION SERVICES FOR THE CITIES OF

EL CAJON, LA MESA, LEMON GROVE, AND SANTEE
(Bid No. 005-25)

WHEREAS, the City of El Cajon (the "City") is the lead agency for a multi -city contract that provides traffic signal system maintenance, emergency repair, and related construction services for the cities of El Cajon, La Mesa, Lemon Grove, and Santee, and the cities have participated in cooperative agreements over the past 25 years in order to receive competitive unit bid prices for this work; and

WHEREAS, the operation of traffic signal systems is dependent on routine maintenance, which is vital to the safety and movement of people and goods throughout the City; and

WHEREAS, each participating entity is responsible for its own contractual arrangement and payment; and

WHEREAS, the init ial contract period is for a one- year term with the option to renew for four (4) additional one-year periods, and funds for the renewal terms will be in accordance with the approved budget for each fiscal year; and

WHEREAS, an Invitation to Bid for the Traffic Signal System Maintenance, Emergency Repairs, and Related Construction Services for the Cities of El Cajon, La Mesa, Lemon Grove, and Santee (the "Project") was advertised on February 29, 2024, and three (3) responses were received and opened at 2:00 p.m. on April 15, 2024; and

WHEREAS, the City of El Cajon’s portion of the award is $220,130.20 for the initial one-year term; and

WHEREAS, staff recommends award of the bid to the lowest responsive, responsible bidder, Southwest Traffic Signal Service, Inc., in the total amount of $473,740.40 for an initial one- year term, with up to four (4) additional one- year renewal options; and

WHEREAS, the Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15301(c) of the State CEQA Guidelines , which applies to projects involving repair and maintenance of existing public or private structures, facilities, and mechanical equipment involving negligible or no expansion of use, including public streets and highways; and

WHEREAS, the City Council believes it to be in the best interests of the City to award the contract to the lowest responsive, responsible bidder as recommended by the City staff.

Page 2 of 2 ends

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. The City Council hereby finds the foregoing recitals to be true and correct, and the findings of the City Council.

2. The City Council hereby finds that the Project is exempt from the CEQA pursuant to section 15301(c) of the State CEQA Guidelines , which applies to projects involving repair and maintenance of existing public or private structures, facilities, and mechanical equipment involving negligible or no expansion of use, including public streets and highways.

3. The City Council does hereby reject all other bids and proposals except that herein mentioned, and awards the bid for the Traffic Signal System M aintenance, Emergency Repairs, and Related Construction Services for the Ci ty of El Cajon, in cooperation with work on behalf of the Cities of La Mesa, Lemon Grove and Santee, to:

Southwest Traffic Signal Service, Inc.

in the total amount of $473,740.40 for the combined work for the cities of El Cajon, La Mesa, Lemon Grove and Santee, with the City of El Cajon's portion of said award to be $220,130.20 for the initial one-year term,.

4. The Mayor and City Clerk are authorized and directed to execute a contract for said project on behalf of the City of El Cajon.

05/14/24 CC Agenda
Bid 005-25 – Traffic Signal System Maintenance – Awd (Southwest Traffic Signal Svc) 043024

City of El Cajon – Purchasing Division

BID EVALUATION
(To be included as an attachment to the agenda report.) Bid No. 005-25 Bid Name: Traffic Signal System Maintenance, Emergency Repairs, and Related Construction Services
Solicitation Due Date/Time: April 15, 2024/ 2:00
p.m.

Initial Date of Advertisement: February 29, 2024

Number of Responses Received: 3

Bid Estimate: $450,000

SUMMARY OF BIDS (INCLUDE ANY ADD. ALTS.):

BID EVALUATION (TOP THREE LOWEST RESPONSES):

Bidder Bid
Responsiveness
Notes
Southwest Traffic Signal Service, Inc. Yes
Yunex, LLC Yes
Bear Electrical Solutions, Inc. Yes

LEGAL REVIEW REQUIRED: YES  NO  IF YES, DATE LEGAL REVIEW COMPLETED:

RENEWAL OPTIONS: YES  NO  IF YES, SPECIFY TERM W/RENEWAL OPTIONS: _ INITIAL ONE YEAR TERM WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL ONE YEAR PERIODS_ _ __ _ ______________ LOWEST, RESPONSIVE, RESPONSIBLE BIDDER NAME AND AMOUNT: SOUTHWEST TRAFFIC SIGNAL SERVICE, INC., $473,740.40
PURCHASING DIVISION:

Review Completed By: Mara Romano Date: April 24, 2024

~
~ leyq/Oppo ~
. • . .,. "' '°ci ~' 0"Po rate~ '\:

Vendor Vend or Type Bid Amou nt Format Subm it Date Stat us Southwest Signal S473,740 . 0 Electronic 0 / 15/ 2024 1 08 47 PM Submitte d Yunex LLC C DIR S485,6 76.00 Electronic 04/ 15/202 4 12:2 6:18 PM Submi eel Bear Electrical Solutions S496,378 .50 Electronic 0 / 1 5/ 2024 9 14 18 AM Submit eel City Council
Agenda Report
Agenda Item 11.

DATE: May 14, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Yazmin Arellano, Director of Public of Works
SUBJECT: Authorization to Submit an Application for the Energy Efficiency and Conservation Block Grant Program
RECOMMENDATION:

BACKGROUND:

The Department of Energy (DOE) is establishing Formula Grant Application Instructions and management information for the Infrastructure Investment and Jobs Act (IIJA) Energy Efficiency and Conservation Block Grant (EECBG) Program. The EECBG Program assists eligible states, local jurisdictions, and Indian Tribes in implementing strategies to:

Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practicable, maximizes benefits for local and regional communities; Reduce the total energy use of the eligible entities;
Improve energy efficiency in the transportation sector, the building sector, and other appropriate sectors; and
Build a clean and equitable energy economy that prioritizes disadvantaged communities and promotes equity and inclusion in workforce opportunities and deployment activities.

PROJECT DESCRIPTION
The City prepared an application for EECBG grant funds to install new video detection cameras to help reduce vehicle greenhouse gas emissions, number of stops and delays, and assist with synchronizing traffic signals at major intersections in the City. The existing video detection cameras at select intersections in the City have reached their lifespan and need to be replaced with newer cameras. It should be noted that these cameras are used for detecting vehicles only and are not used for "red light" enforcement purposes.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The project is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guideline section 15301 as it is a minor alteration of an existing public facility involving negligible or no expansion of an existing use.
.!!!!_ Valley of Opportunity
•
• •
•
FISCAL IMPACT:

If awarded, the City will receive $155,020 in federal grant funds. For account 101520, Traffic Engineering.

Prepared By: Olga Reyes, Principal Civil Engineer
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
Authorized Applicant Letter
Davis-Bacon Assurance Letter
Pre-Award Information Sheet
Certifications and Assurances
EECBG Statement of Work

Page 1 of 2 ends

El Cajon City CouncilMay 14, 2024

El Cajon City Council
May 14, 2024