1 Agenda
City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 September 27, 2022
6:30 PM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.
Participation
If you would like to provide comments to the City Council, please:
Fill out a blue speaker request form, located at the back table. Submit the form to the City Clerk before the item begins. When it’s your turn, the City Clerk will call your name and invite you to the podium. Speakers have three minutes, unless the presiding officer (usually the mayor) changes that time.
Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
How to Watch
The City of Folsom provides three ways to watch a City Council meeting:
In Person Online On TV
City Council meetings take place at
City Hall, 50 Natoma Street
Watch the livestream and replay past
meetings on the city website,
www.folsom.ca.us
Watch live and replays of meetings on
Sac Metro Cable TV, Channel 14
More information about City Council meetings is available at the end of this agenda
2 City Council Regular Meeting
Folsom City Council Chambers
50 Natoma Street, Folsom, CA
www.folsom.ca.us
Tuesday, September 27, 2022 6:30 PM
Kerri Howell, Mayor
Rosario Rodriguez, Vice Mayor Sarah Aquino, Councilmember YK Chalamcherla, Councilmember Mike Kozlowski, Councilmember
REGULAR CITY COUNCIL AGENDA
Effective July 7, 2022, the City of Folsom returned to all in-person City Council, Commission, and Committee meetings. Remote participation for the public will no longer be offered.
Everyone is invited and encouraged to attend and participate in City meetings in person.
CALL TO ORDER
ROLL CALL:
Councilmembers: Aquino, Chalamcherla, Kozlowski, Rodriguez, Howell The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be continued to a future Council Meeting.
PLEDGE OF ALLEGIANCE
AGENDA UPDATE
BUSINESS FROM THE FLOOR:
Members of the public are entitled to address the City Council concerning any item within the Folsom City Council's subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.
SCHEDULED PRESENTATIONS:
1. US50/Empire Ranch Road Interchange Project Update
2. East Bidwell/Iron Point and US50 Improvement Project Update
3 CONSENT CALENDAR:
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.
3. Approval of September 13, 2022 Special and Regular Meeting Minutes
4. Ordinance No. 1332 – An Ordinance of the City of Folsom Adding Chapter 12.25, “Temporary Outdoor Dining Permit”, to the Folsom Municipal Code Regarding Temporary Use of Parking Space on City Streets and City-owned Public Properties for Outdoor Dining (Second Reading and Adoption)
5. Resolution No. 10919 - A Resolution Authorizing the Police Department to Accept a Selective Traffic Enforcement Grant in the Amount of $63,000 from the State of California Office of Traffic Safety and Appropriation of Funds
6. Resolution No. 10921 – A Resolution Authorizing the City Manager to Execute an Agreement with National Auto Fleet Group to Purchase Three Ford Ranger Pickup Trucks
7. Resolution No. 10923 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the Sacramento Area Firefighters Local 522, IAFF, Folsom Unit
OLD BUSINESS:
8. Resolution No. 10922 – A Resolution Rescinding the Approval of PN 19-182: Lakeside Memorial Lawn Crematorium Conditional Use Permit and Mitigated Negative Declaration Historic District Residential Permit Parking Program:
9. Ordinance No. 1331 – An Ordinance of the City of Folsom adding Sections 10.20.290,
10.20.295, and 10.20.300 to the Folsom Municipal Code to Establish a Residential Permit Parking Program in Designated Areas of the Historic District (Second Reading and Adoption)
10. Resolution No. 10920 – A Resolution Establishing a Residential Permit Parking Zone in the Historic District
NEW BUSINESS:
11. Ordinance No. 1333 – An Ordinance of the City of Folsom Removing Limitations on Frequency of Garage Sales by Repealing Section 5.09.020 from the Folsom Municipal Code (Introduction and First Reading)
CITY MANAGER REPORTS:
COUNCIL COMMENTS:
ADJOURNMENT
NOTICE: Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the item. When your name is called, stand to be recognized by the Mayor and then proceed to the podium. If you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments to three minutes or less.
4 NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks, using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.
PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA S HOULD CONTACT A MEMBER OF THE CITY COUNCIL.
The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The City does not control scheduling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Coun cil meetings. The webcasts can be found on the online services page of the City's website www.folsom.ca.us.
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library locate d at 411 Stafford Street, Folsom, California during normal business hours.
ilr{-b,["H*{_bsl
{r &asrGtrrt F! r4J!rr!
Folsom City Council
Staff ort
MEETING DATE: 9t2712022
AGENDA SECTION: Scheduled Presentations
SUBJECT: US50/Empire Ranch Road Interchange Project Update FROM: Public Works Department
BACKG / ISSIIE
Staff will be presenting a project update on the US50iEmpire Ranch Road Interchange Project.
The presentation will include a history of the project to date, recent updates regarding project progress and project schedule projections
Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
I
09/27/2022 Item No.1.
This page is intentionally trefr blank.
09/27/2022 Item No.1.
Folsom City Council
Staff Re rt
MEETING DATE: 912712022
AGENDA SECTION: Scheduled Presentatrons
SUBJECT: East BidwelVlron Point & US50 Onramp Improvement Project Update
F'ROM: Public Works Department
BACKGROUND / ISSUE
Staff will be presenting a project update on the East Bidwell / Iron Point & US50 Onramp Improvement Project, which is proposed to convert one westbound through lane on Iron Point Road to a third left turn lane onto East BidweilruS50. The presentation will include the status of the preliminary design, communications with Caltrans, and project timeline.
Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
I
09/27/2022 Item No.2.
This page is intentionally left blank.
09/27/2022 Item No.2.
Book 76 Page 299
Folsom City Council
September 13,2022
Gity Gouncil Special Meeting
MINUTES
www.folsom.ca.us
Tuesday, September 13, 2022
5:30 PM
CALL TO ORDER
The special City Council meeting was called to order at 5:31 pm with Mayor Kerri Howell presiding.
ROLL GALL:
CITY COUNCIL PRESENT
Vice Mayor Rosario Rodriguez
Councilmember Sarah Aquino
Councilmember YK Chalamcherla
Councilmember Mike Kozlowski
Mayor Kerri Howell
STAFF PRESENT
City Manager Elaine Andersen
City Attorney Steven Wang
City Clerk Christa Freemantle
ADJOURNMENT TO CLOSED SESSIO N FOR THE FOLLOWING PURPOSES:
1. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1): Friends of Folsom Preservation, et al. v. City of Folsom, et al., Sacramento County Superior Court Case Num ber: 34-2022-80003898
2. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1): DanielArtherton v. City of Folsom, et al., Sacramento County Superior Court Case No. 34-2021-00293406
3. Conference with Legal Counsel Anticipated Litigation, lnitiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): One Potential Case
4. Conference with Labor Negotiator - Pursuant to Government Code Section 54957.6. Agency Negotiator: lnterim Human Resources Director John Spittler. Employee Organization: Various Bargaining Groups
Motion by Gouncilmember Mike Kozlowski, second by Vice Mayor Rosario Rodriguez to adjourn to Closed Session for the above referenced items. Motion carried with the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Gouncilmember(s): Rodriguez, Aquino, Chalamcherla, Kozlowski, Howell Councilmember(s): None
Gouncilmember(s): None
Councilmember(s): None
DRAFT - Not fficial until approved by the City Council Page 9 09/27/2022 Item No.3.
Book 76 Page 300
Folsom City Council
September 13,2022
RECONVENE
City Attorney Steven Wang announced that no final action was taken during Closed Session
ADJOURNMENT
The meeting was adjourned at 6:31 p.m
SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST:
Kerri Howell, Mayor
DRAFT - Not fficial until approved by the City Council Page 10 09/27/2022 Item No.3.
Book 76 Page 301
Folsom City Gouncil
September 13,2022
Gity Gouncil Regular Meeting
MINUTES
www.folsom.ca.us
Tuesday, September 13, 2022
6:30 PM
CALL TO ORDER
The regular City Council meeting was called to order at 6:31 pm with Mayor Kerri Howell presiding ROLL CALL:
STAFF PRESENT
City Manager Elaine Andersen
City Attorney Steven Wang
City Clerk Christa Freemantle
CFO/F|nance Director Stacey Tamagni
Parks and Recreation Director Lorraine Poggione
Recreation and Community Services Manager Tom Hellman
Human Resources Manager Allison Garcia
Community Development Director Pam Johns
Principal Planner Steve Banks
Principal Planner Desmond Parrington
CITY COUNCIL PRESENT
Vice Mayor Rosario Rodriguez
Councilmember Sarah Aquino
Councilmember YK Chalamcherla
Councilmember Mike Kozlowski
Mayor Kerri Howell
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited
AGENDA UPDATE
City Attorney Steven Wang advised that additional information was available for item 23 BUSINESS FROM THE FLOOR:
The following speaker(s) addressed the City Council
1. Andre Casanova regarding prevailing wage
2. Justin Raithel regarding permit fees
SCHEDULED P ESENTATIONS:
1 . Proclamation of the Mayor of the City of Folsom Proclaiming September 17 through 23,2022 as Constitution Week in the City of Folsom
Councilmember Mike Kozlowski presented the proclamation.
DRAFT - Not fficial until approved by the City Council Page 11 09/27/2022 Item No.3.
Book 76 Page 302
Folsom City Council
September 13,2022
2. Proclamation of the Mayor of the City of Folsom Proclaiming the Month of September 2Q22 as Ovarian Cancer Awareness Month in the City of Folsom
Mayor Kerri Howell presented the proclamation.
3. Presentation of 2022 Community Service Day
Parks and Recreation Director Lorraine Poggione, Parks and Recreation Manager Tom Hellman and Community Service Day President Justin Raithel made a presentation.
GONSENT GALENDAR:
4. Approval of August 23, 2022 Special and Regular Meeting Minutes
5. Resolution No. 10910 - A Resolution Authorizing the City Manager to Execute a Contract Change Order for the Oil lndex lncrease with Goodfellow Brothers, LLC (Contract No. 174-21 20-060) for the Capital Southeast Connector Segment D3(A), Project No. PW1607, Federal Project No. 5288(046)
6. Resolution No. 10912 - A Resolution Authorizing Submittal of Applications for All CalRecycle Grants for Which the City of Folsom is Eligible
7 . Resolution No. 10913 - A Resolution Amending Resolution Nos. 10478 and 10786 and Enacting the Annual lnflationary Adjustment for City lmpact and Connection Fees for Law Enforcement, Fire Suppression, General Facilities, Vehicles and Equipment, Park lmprovement, Humbug Willow Creek, Housing Trust, Water, Sanitary Sewer, Solid Waste, Transportation lmprovement, Drainage, and Light Rail lmpact
8. Resolution No 10914 - A Resolution Authorizing the City Manager to Execute the Sacramento Regional County Sanitation District and the City of Folsom Billing and Collection Agreement
9. Resolution No. 10915 - A Resolution Authorizing the City Manager to Execute a Purchase Agreement with Golden State Fire Apparatus lnc. for Two Type 1 Fire Engines from Golden State Fire Apparatus lnc. and Appropriation of Funds
10. Grant Funds Associated with Development of Affordable Housing Units at 300 Persifer Street 1 . Resolution No. 10916 - A Resolution Authorizing an Application for the SACOG 2022 Green Means Go Funding Program for lnfrastructure and Planning Activities Associated with the Development of 300 Persifer Street
2. Resolution No. 10917 - A Resolution of the City of Folsom Authorizing the City's Allocation of $800,000 in Home Funds Received Through Participation in the SHRA HOME Consortium to Habitat for Humanity for the Construction of 10 Affordable Housing Units at 300 Persifer Street
11. Resolution No. 10918 - A Resolution Authorizing and Accepting a Grant Award from the Federal Emergency Management Agency's Hazard Mitigation Grant Program and California Office of Emergency Services for the lmplementation of the City of Folsom Defensible Space and Vegetation Management Plan
Motion made by Gouncilmember Mike Kozlowski, seconded by Vice Mayor Rosario Rodriguez to approve the Consent Galendar.
Motion carried with the following roll call vote:
DRAFT - Not fficial until approved by the City Council Page 12 09/27/2022 Item No.3.
Book 76 Page 303
Folsom City Council
September 13,2022
AYES:
NOES:
ABSENT:
ABSTAIN:
Gouncilmember(s): Rodriguez, Aquino, Chalamcherla, Kozlowski, Howell Councilmember(s): None
Gouncilmember(s): None
Gouncilmember(s): None
OLD BUSINESS:
12. Resolution No. 1091 1 - A Resolution of the City Council of the City of Folsom Proclaiming Termination of COVID-19 Local Emergency
City Manager Elaine Andersen made a presentation; she and Human Resources Manager Allison Garcia responded to questions.
City Council direction was to terminate the City's COVID-19 sick leave bank as of October 1,2022, as California COVID-19 sick leave bank will still be in effect for employees after that date if it is needed.
Motion made by Vice Mayor Rosario Rodriguez, seconded by Councilmember YK Ghalamcherla to approve Resolution No. 10911.
Motion carried with the following roll call vote:
AYES: Gouncilmember(s): Rodriguez, Aquino, Chalamcherla, Kozlowski, Howell NOES: Gouncilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Gouncilmember(s): None
NEW BUSINESS:
13. Ordinance No. 1332 - An Ordinance of the City of Folsom Adding Chapter 12.25, "Temporary Outdoor Dining Permit", to the Folsom Municipal Code Regarding Temporary Use of Parking Space on City Streets and City-owned Public Properties for Outdoor Dining (lntroduction and First Reading)
Vice Mayor Rosario Rodriguez explained that she was recusing from this item because she owns a restaurant with a parklet. She left the dais.
Community Development Director Pam Johns made a presentation and responded to questions from the City Council.
The following speakers addressed the City Council:
1. John Voelz
2. Karen Homes speaking on behalf of Dylan Marrow
3. Loretta Hettinger
4. Justin Raithel
After City Council discussion and clarification from staff, the City Council concurred with the following amendments:
Amend Section 12.25.010.8 to add the word "reasonable" before "notice" should the City determine the need to modify or cancel the permit.
DRAFT - Not fficial until approved by the City Council Page 13 09/27/2022 Item No.3.
Book 76 Page 304
Folsom City Council
September 13,2022
Amend Section 12.25.020.E to add the words "and design" after "proposed use" to clarify the scope of staff review in determining suitability and appropriateness of temporary outdoor dining improvements.
City Council also directed staff to bring back a fee resolution for the annual renewal permit at a lower cost than the initial annual permit. Staff will include that new renewal fee in an upcoming planning and permit processing fee analysis scheduled in 2023.
Motion made by Councilmember Mike Kozlowski, seconded by Gouncilmember YK Chalamcherla to introduce and conduct first reading of Ordinance No. 1332.
Motion carried with the following roll callvote:
AYES: Gouncilmember(s): Aquino, Ghalamcherla, Kozlowski, Howell NOES: Gouncilmember(s): None
ABSENT: Gouncilmember(s): Rodriguez (recused)
ABSTAIN: Councilmember(s): None
Vice Mayor Rosario Rodriguez returned to the dais.
14. Potential Modifications to City of Folsom Cardroom Ordinance and Direction to City Staff Principal Planner Steve Banks made a presentation and responded to questions from the City Council.
Robert Holderness, representing Delta CLP, introduced their specialist in gambling law, Tiffany Lichtig. Ms. Lichtig responded to questions from the City Council.
City Council direction to staff was to bring back amendments to the cardroom ordinance at a future City Council meeting.
15. Zoning Code Update - Workshop on Proposed Zoning Administration and Review Process Changes and Direction to Staff
Principal Planner Desmond Parrington made a presentation and responded to questions from the City Council.
The following speaker addressed the City Council:
1. Loretta Hettinger
City Council provided direction to staff regarding the Zoning Code Update and Review Process Changes as listed below, which were generally consistent with staff recommendations:
1. Regarding Design Review, increase thresholds for Commission review for commercial projects from 1 ,000 square feet to 5,000 square feet and residential projects from 2 dwelling units to 10 dwelling units.
2. Regarding Permits and Variances, create a director-levelAdministrative Use Permit and allow director-level minor modifications up to 25o/o deviation from a development standard.
3. Regarding Public Hearings, Notices and Outreach, expand noticing area to 500 feet, require early notification emails, director reports to the Commission, development activity website, and grant the Community Development Director authority to require a community meeting for a project.
DRAFT - Not fficiol until approved by the City Council Page 14 09/27/2022 Item No.3.
Book 76 Page 305
Folsom City Council
September 13,2022
4. Regarding Appeals, change to one-level of appeal with director decisions appealed to the Planning Commission for final decision and Commission decisions appealed to the City Council for final decision.
CONVENE JOINT MEETING
JOINT CITY COUNCIL AGENDA
Joint Gity Gouncil / Folsom Redevelopment Successor Agency / Folsom Public Financing Authority / Folsom Ranch Financing Authority / South of 50 Parking Meeting ROLL CALL:
CITY COUNCIUBOARD PRESENT
Vice MayorA/ice Chair Rosario Rodriguez
Council/Board Member Sarah Aquino
Council/Board Member YK Chalamcherla
Council/Board Member Mike Kozlowski
Mayor/Board Chair Kerri Howell
STAFF PRESENT
City Manager Elaine Andersen
City Attorney Steven Wang
CFO Stacey Tamagni
City Clerk Christa Freemantle
CONSENT CALENDAR:
16. Approval of the July 12,2022 Joint City Council / Redevelopment Successor Agency / Public Financing Authority / Folsom South of 50 Parking Authority / Folsom Ranch Financing Authority Meeting Minutes
17. Receive and File the City of Folsom, the Folsom Redevelopment SuccessorAgency, the Folsom Public Financing Authority, the Folsom Ranch Financing Authority, and the South of 50 Parking Authority Monthly lnvestment Reports for the Month of June 2022 Motion made by Vice Mayor Rosario Rodriguez, seconded by Gouncilmember Mike Kozlowski to approve the Gonsent Galendar.
Motion carried with the following roll call vote:
AYES: Councilmember(s): Rodriguez, Aquino, Chalamcherla, Kozlowski, Howell NOES: Councilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Gouncilmember(s): None
ADJOURNMENT
There being no further business to come before the joint City Council / Redevelopment Successor Agency / Public Financing Authority / Folsom South of 50 Parking Authority / Folsom Ranch Financing Authority, the meeting was adjourned to the regular City Council meeting at 8:55 pm.
RECONVENE CITY COUNCIL MEETING
CITY MANAGER REPORTS:
DRAFT - Not fficial until approved by the City Council Page 15 09/27/2022 Item No.3.
Book 76 Page 306
Folsom City Council
September 13,2022
City Manager Elaine Anderson announced upcoming events for the Organics Program Kitchen Pail Giveaway, the Parks and Recreation Fun Factory preschool registration, the Vista Del Lago annual homecoming parade, and the Wayne Spence Veterans Parade.
COUNCIL GOMMENTS:
Vice Mayor Rosario Rodriguez thanked allthe volunteers participating in Community Service Day She announced upcoming events, including Americana Fest, Choose Folsom Leadership Course Reunion, Future Folsom and the Wild West Film Festival.
Councilmember YK Chalamcherla commented regarding attending the League of California Cities conference in Long Beach and commented regarding Community Service Day and his visit to Pinebrook Village. He provided an update regarding the Sacramento Cable Commission meeting Councilmember Mike Kozlowski spoke about Community Service Day and the new Oktober Fest beer at Red Bus Brewery.
Councilmember Sarah Aquino asked that the meeting be adjourned in honor of Reid Bellis who passed away recently.
Mayor Kerri Howell provided updates regarding regional meetings she attended and said she is looking forward to Community Service Day and the upcoming Mayors Cup Golf Tournament.
ADJOURNMENT
There being no further business to come before the Folsom City Council, Mayor Kerri Howell adjourned the meeting in memory of Reid Bellis at 9:05 pm.
SUBMITTED BY:
Christa Freemantle, City Clerk
ATTEST:
Kerri Howell, Mayor
DRAFT - Not fficial until approved by the City Council Page 16 09/27/2022 Item No.3.
:r r: t it! 1:
Folsom City Council
Staff ort
RECOMMENDATION / CITY COUNCIL ACTION
Staff respectfully recommends that the City Council conduct second reading of Ordinance No. 133i - An Ordinance of the City of Folsom Adding Chapter i2.25, "Temporary Outdoor Dining Permit", to the Folsom Municipal Code Regarding Temporary Use of Parking Space on City Streets and City-owned Public Properties for Outdoor Dining.
BACKGROUND / ISSUE
Following proclamation by the State and the County of the COVID-I9 public health emergency, the Folsom City Council proclaimed a local emergency caused by the rapid spread of COVID-19 in Sacramento County and throughout California.
The City's Director of Emergency Services (City Manager) issued Emergency Order DES- 04-20 on May 1,2020 which included, among other things, permission for temporary use of certain City-owned public properties for outdoor dining until termination of the local emergency. Thereafter, several restaurants in the City fronting public streets with on-street parking obtained temporary permits to use designated on-street parking areas (the "parklets") as well as City-owned public property for outdoor dining' Following a review of the proclamation of the COVID-l9 local emergency on August 23, 2022,the City Council directed staff to bring an action item to this Council meeting to terminate the local emergency but keep the temporary outdoor dining permit process in place.
I
MEETING DATE: 912712022
AGENDA SECTION: Consent Calendar
SUBJECT: Ordinance No. 1332 - An Ordinance of the City of Folsom Adding Chapter 12.25, ooTemporary Outdoor Dining Permit", to the Folsom Municipal Code Regarding Temporary Use of
Parking Space on City Streets and City-or,vned Public Properties for Outdoor Dining (Second Reading and Adoption)
F'ROM: Community Development Department
09/27/2022 Item No.4.
On September 13, 2022 CiIy Council introduced and conducted first reading of Ordinance 1332withdirection for minor amendments as follows:
1 . Amend Section 12.25 .010.8 to add the word "reasonable" before "notice" should the City determine the need to modifr or cancel the permit.
2. Amend Section 12.25.020.8 to add the words "and design" after "proposed use" to clariff the scope of staff review in determining suitability and appropriateness of temporary outdoor dining improvements.
City Council also directed staff to bring back a fee resolution for the annual renewal permit at a lower cost than the initial annual permit. Staff will include that new renewal fee in an upcoming planning and permit processing fee analysis scheduled in2023.
POLICY / RULE
The City Council has authority to enact or repeal ordinances pursuant to Section 2.12(A) of the Folsom City Charter.
ANALYSIS
For over two years since allowing temporary use of parking spaces on City streets and City- owned public properties for outdoor dining, the City has received no complaint except one recently where an individual brought to the Crty's attention that the "parklet" outdoor dining areas lack Americans with Disabilities Act (ADA) Accessibility. The City promptly notified all permittees to review and evaluate ADA accessibility in their parklet areas under the permit condition prohibiting interference with access under the Americans with Disabilities Act.
The proposed Ordinance will make the temporary outdoor dining permit on City Streets and City-owned public properties process permanent in the Folsom Municipal Code and not dependent on the COVID-I9 local emergency. The following are some of the key provisions for the Temporary Outdoor Dining Permit:
1. Permit valid for 12 months and may be renewed
2. Permit requires approval of an encroachment permit
3. Permit not transferrable to another location
4. Permit subject to cancelation with written determination of danger or noncompliance by Community Development Director
5. Permittee required to provide liability insurance and indemnity to City The permit application will be reviewed and evaluated by the Community Development Department, in consultation with the Public Works Department, Parks and Recreation Department, Fire Department and Police Department, for suitability of using the proposed on-street parking space or City-owned public property for outdoor dining. Upon receiving necessary plans submitted with the application, City staff will work collaboratively with the applicant to make the outdoor dining area safe and enjoyable for everyone. 2 Page 18
09/27/2022 Item No.4.
FINANCIAL IMPACT
The City Council will utilize the Site Design Review fee previously adopted by Ctty Council Resolution for the Temporary Outdoor Dining Permit. The financial impact on the City's general fund will be negligible.
ENVIRONMENTAL REVIEW
This action is not considered a project under Section 15061(bX3) of the California Environmental Quality Act Guidelines, and as such is exempt from environmental review.
ATTA
Ordinance No. 1332 - An Ordinance of the City of Folsom Adding Chapter 12.25, 'oTemporary Outdoor Dining Permit", to the Folsom Municipal Code Regarding Temporary Use of Parking Space on City Streets and City-owned Public Properties for Outdoor Dining Respectfu lly submitted,
Pam Johns, Community Development Director
J Page 19
09/27/2022 Item No.4.
ORDINANCE NO. 1332
AN ORDINANCE OF'THE CITY OF'F'OLSOM
ADDING CHAPTER 12.25, "TEMPORARY OUTDOOR DINING PERMIT",
TO THE FOLSOM MUNICIPAL CODE REGARDING TEMPORARY USE OF' PARKING SPACE ON CITY STREETS AND CITY.OWNED PUBLIC PROPERTIES
FOR OUTDOOR DINING
The City Council of the City of Folsom does hereby ordain as follows:
SECTION 1 PURPOSE
The purpose of this Ordinance is to allow temporary use of parking space on City street and City-owned public property for outdoor dining by adding Chapter 12.25, ooTemporary Outdoor Dining Permit", to the Folsom Municipal Code.
SECTION 2 ADDITION TO CODE
Chapter 12.25 ishereby added to the Folsom Municipal Code to read as follows Chapter 12.25
Temporary Outdoor Dining Permit
Sections:
12.25.010
12.25.020
12.25.030
12.25.040
12.25.050
Temporary use of parking space on city street and city-owned public property for outdoor dining.
Permit required.
Permit not transferable.
Modification or cancelation of permit.
Insurance and indemnity.
12.2s.010 Temporary use of parking space on city street and city-owned public property for outdoor dining.
A. Restaurants desiring to use parking space on City street or City-owned public property for outdoor dining may apply for a Temporary Outdoor Dining Permit from the Community Development Department.
B. If approved through issuance of a Temporary Outdoor Dining Permit under this Chapter, the use of parking space on City street or City-owned public property for outdoor dining shall be temporary and subject to modification or cancelation by the City at any time with reasonable notice to the permittee.
Ordinance No. 1332
Page I of5 Page 20
09/27/2022 Item No.4.
C. No real properfy interest or right is provided, given, or otherwise conveyed to any person or entity using parking space on City street or City-owned public property for outdoor dining under this Chapter.
D. The use of parking space on City street or City-owned public property for outdoor dining shall not interfere with vehicular and pedestrian traffic, or access under the Americans with Disabilities Act.
12.25.020 Permit required.
A. No outdoor dining in parking space on City street or City-owned public property shall be allowed without a valid Temporary Outdoor Dining Permit.
B. The permit application shall be on a form prescribed by the Community Development Department and shall include necessary plans and supporting materials of the proposed location and layout and any information deemed necessary by the Department to determine compliance with applicable buitding and fire codes and accessibility requirements.
C. The permit application shall be deemed incomplete without payment of a non-refundable permit fee (Site Design Review fee) established by resolution of the City Council.
D. All Temporary Outdoor Dining Permits also require approval of an Encroachment Permit and payment of applicable fee adopted by resolution of the City Council.
E. The Community Development Department shall, in consultation with the Public Works Department, Parks and Recreation Department, Fire Department and Police Department determine the suitability and appropriateness of the proposed use and design of parking space on City street or City-owned public property requested by the restaurant for outdoor dining.
F. The permittee shall comply with the requirements of this Chapter and all conditions specified in the permit.
G. Temporary fencing not exceeding 3 feet tall to separate the outdoor dining area from vehicular and pedestrian traffrc shall be placed in a safe manner around the outdoor dining area.
Exceptions may be granted for taller fencing if required by other outside agency such as Alcohol and Beverage Control (ABC).
H. No permanent item or structure may be installed on City streets or City-owned public property.
I. Permittee shall comply with all applicable State and County laws and regulations pertaining to outdoor dining, including but not limited to sale and consumption of alcoholic beverages.
Ordinance No. 1332
Page2 of 5 Page 21
09/27/2022 Item No.4.
J. Permit issued under this Chapter is temporary, modifiable and cancelable at any time upon notice to the permittee, valid for 12 months upon issuance unless canceled, and renewable subject to verification of compliance of the permit conditions by the Community Development Department. Application for a Temporary Outdoor Dining Permit and Encroachment Permit is required for permit renewal, along with payment of applicable permit fees.
K. The use permitted under this Chapter shall cease upon cancelation of the permit, and the permittee shall return public property to the condition existing at the time of permit issuance within seven calendar days ofreceiving cancelation notice.
L. For purpose of this Chapter, oopermittee" shall include the person or entity receiving the permit and the restaurant entity, business, or organization operating under the permit.
12.25.030 Permitnottransferable.
Permits issued pursuant to this Chapter are not transferable to another location.
12.25.040 Modification or cancelation of permit.
A. The Community Development Director may modiff conditions imposed onpermits issued under this Chapter with notice to the permittee.
B. The Community Development Director may cancel any permit issued under this Chapter for the following reasons:
1. Failure to comply with any condition imposed on the permit.
2. Failure to comply with any provision under this Chapter.
3. The outdoor dining has been conducted in a manner contrary to the application and approval granted in the permit.
4. The outdoor dining operation poses a danger or hazard to vehicular or pedestrian ftaffrc, or the public, or interferes with access under the Americans with Disabilities Act.
5. The permittee or hisftrer/its employees or agents have failed to comply with all applicable federal, state, and local laws, rules, or regulations in connection with the outdoor dining operation.
6. The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application.
C. The Director's determination to cancel the permit shall be in writing, setting forth the reasons for said determination.
Ordinance No. 1332
09/27/2022 Item No.4.
12.25.050 Insuranceandindemnity.
A. The permittee shall maintain in full force and effect, at its sole cost and expense, commercial general liability insurance coverage for claims of bodily injury and property damage liability not less than $1,000,000 for each occurrence and provide the City with an additional insured endorsement and primary and non-contributory endorsement naming the City of Folsom and its officers, agents and employees as additional insured.
B. The permittee shall protect, defend, indemniff, save and hold the City and its officers, agents, and employees harmless from any and all claims, demands, lawsuits, or causes of action for death or injury to persons, or damage to property resulting from intention or negligent acts, errors, or omissions of the permittee or its employees, contractors, and agents, or from any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of the permittee or its employees, contractors, or agents, or by the permittee's operation under the permit.
SECTION 3 SCOPE
Except as set forth in this Ordinance, all other provisions of the Folsom M Code shall remain in full force and effect.
SECTION 4 NO MANDATORY DUTY OF'CARE
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 5 SEVERABILITY
If any section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have passed each section irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared unconstitutional, invalid, or ineffective.
SECTION 6 EFFECTIVE DATE
This ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City.
Ordinance No. 1332
09/27/2022 Item No.4.
This ordinance was introduced and the title thereof read at the regular meeting of the City Council on September 13, 2022 andthe second reading occurred at the regular meeting of the City Council on September 27, 2022.
On a motion by Council Member seconded by Council Member the foregoing Ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this 2 7th day of September 2022, by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Ordinance No. 1332
09/27/2022 Item No.4.
Folsom City Council
Staff ort
RECOMMENDATION / CITY COUNCIL ACTION
The Police Department requests the City Council approve Resolution No. 10919 - A Resolution Authorizing the Police Department to Accept a Selective Traffic Enforcement Program Grant in the Amount of $63,000 from the State of California Office of Traffic Safety and Appropriation of funds.
BACKGROUND / ISSUE
The goal of the California Office of Traffic Safety's statewide Selective Traffic Enforcement Program (STEP) is to reduce the number of people killed and injured in traffic collisions caused by driving under the influence, speed, red-light running, and other primary collision factors. Through a partnership with law enforcement, funding is provided to local jurisdictions to identiS primary collision factors, conduct education and enforcement to reduce the number of fatal and injury related traffic collisions.
In an application to the State of California Office of Traffic Safety (OTS), the Folsom Police Department has requested overtime funding for conducting DUI, speed, right-of-way, traffic signals and signs, improper turning, pedestrian and bicycle violations to reduce or prevent injury and fatal collisions in the City of Folsom.
By accepting this grant, the Police Department agrees to participate and report data (as required) in the following campaigns; National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization or Summer Mobilization, National Distracted I
MEETING DATE: 912712022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10919 -A Resolution Authorizing the Police Department to Accept a Selective Traffic Enforcement Program Grant in the Amount of $63,000 from the State of California Office of Traffic Safety and Appropriation of Funds
FROM: Police Department
09/27/2022 Item No.5.
Driving Awareness Month, National Motorcycle Safety Month, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
The Police Department will also send officers to training programs including NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE), Standardized Field Sobriety Testing (SFST), Drug Recognition Expert (DRE), and SFST instructor.
POLICY / RIII,E,
This grant acceptance and appropriation of funds requires City Council approval.
ANALYSIS
The California OTS provides grant funding to reimburse law enforcement agencies for the cost of conducting selective enforcement geared at reducing fatal and injury collisions.
Since 20l2,the Folsom Police Department has applied for grant funding from California OTS to provide directed enforcement towards the primary collision factors that have been the cause of injury and fatal traffic collisions in our community. These grants have provided additional offrcers in the field for enforcement of speed, rights-of-way, unsafe turning, DUI, and distracted driving violations, as well as education efforts in Folsom schools. By participating in the California OTS Selective Traffic Enforcement Program, the Folsom Police Department intends to continue its work in bringing awareness of the primary causes of collisions through enforcement and education in an effort to reduce the number of fatal and injury related traffic collisions in the City of Folsom.
FINANCIA I,IMPACT
There is no General Fund fiscal impact associated with this grant. The State of Califomia OTS will reimburse all overtime expenses generated by the Selective Traffic Enforcement Program. The Folsom Police Department estimates overtime costs to be approximately $63,000. The grant funding will require an appropriation in FY 2022-23 General Fund (Fund 010) Budget in the Police Department
ENVIRONMENTAL REVIEW
nla
ATTACHMENTS
Resolution No. 10919 - A Resolution Authorizing the Police Department to Accept a Selective Traffic Enforcement Program Grant in the Amount of $63,000 from the State of Califomia Office of Traffic Safety and Appropriation of Funds Submitted,
2 Richard Hillman, Chief of Police
09/27/2022 Item No.5.
RESOLUTION NO. I,0919
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A SELECTIYE TRAFFIC ENT'ORCEMENT PROGRAM GRANT IN THE AMOUNT OF $63,000 FROM
THE STATE OF' CALIFORNIA OFFICE OF TRAFFIC SAFETY AND
APPROPRIATION OF' FUNDS
WHEREAS' the City of Folsom Police Department is requesting the City Council authorize the acceptance of a grant titled'oselective Traffic Enforcement Program" for the Period of October I,2022 through Sepember 30,2023, from the California Office of Traffic Safety, in the amount of $63,000; and
WHEREAS, selective enforcement of the primary causes of collisions are an effective way to deter motorists that would speed, drive while under the influence, or otherwise drive unsafe, thereby reducing fatal and injury collisions; and
WHEREAS, the grant monies will be used to reimburse personnel overtime costs associated with selective traffic enforcement and the training of officers in the detection, apprehension, and prosecution of impaired drivers; and
NOW, THEREFORE' BE IT RESOLVED that the City Council of the City of Folsom hereby authorizes the acceptance of the grant titled "selected Traffic Enforcement Program" from the State of California Officer of Traffic Safety, which will provide funding to conduct selective traffic enforcement geared at reducing the number of fatal and injury collisions in the City. The City Manager or her designee is hereby authorized and empowered to accept and execute in the name of the City of Folsom all necessary contacts, agreements, amendments, and payment requests hereto for the purposes of accepting and fulfilling the requirements of the grant titled "Selected Traffi c Enforcement Pro gram"
NOW' THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Folsom authorizes the Finance Director to appropriate the grant amount of $63,000 to the Police Department Fiscal Year 2022-23 General Fund Budget (Fund 010) to be reimbursed by the California Office of Traffic Safety.
PASSED AND ADOPTED this 27th day of September 2022, by the following roll-call vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10919
Page I of I
Keni M. Howell, MAYOR
09/27/2022 Item No.5.
This page is intentionally treft blank.
09/27/2022 Item No.5.
Folsom City Council
Staff rt
MEETING DATE: 912712022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10921 - A Resolution Authorizing the City Manager to Execute an Agreement with National Auto Fleet Group to Purchase Three Ford Ranger Pickup Trucks
FROM: Public Works Department
RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 10921 - A Resolution Authorizing the City Manager to Execute an Agreement with National Auto Fleet Group to Purchase Three Ford Ranger Pickup Trucks.
BACKGROUND / ISSUE
The Public Works Department must maintain a fleet of administration vehicles that is able to provide efficient and reliable transportation for Solid Waste staff. Thc City's requirement for these vehicles is based on the accelerated replacement pilot program and to provide the cunent level of services. The vehicles being purchased will replace three existing Ford Ranger pickup trucks in the Solid Waste fleet, which are projected to be sold at or above their original procurement price.
This resolution will authorize the City Manager to execute an agreement with National Auto Fleet Group for the purchase of three Ford Ranger pickup trucks. The total cost for the purchase of these vehicles will not exceed $110,634.72.
POLICY / RULE
Section 2.36.080 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $66,141 or greater shall be awarded by the City Council.
1
09/27/2022 Item No.6.
Section 2.36.170 of the Folsom Municipal Code permits cooperative purchasing agreements for the procurement of any supplies, equipment, service, or construction with one or more public procurement units in accordance with an agreement entered into or between the participants.
ANALYSIS
Sourcewell is a national cooperative purchasing entity of which the City of Folsom is a member. The City has purchased numerous items through Sourcewell. National Auto Fleet Group has a current contract with Sourcewell for Ford Ranger pickup trucks at a price that has been assessed to be fair, reasonable, and competitive.
Sourcewell contract number #091521-NAF will be utilized for the purchase of solid waste pickup trucks.
2023 Ford Ranger XL SuperCrew - $36,878.24 each, total quantity of threea This price includes taxes, tire fees and delivery
FINANCIAL IMPACT
A total of $5,142,714 has been appropriated in the Fiscal Year 2022-23 Solid Waste Operating Budget to purchase vehicles. The Department is requesting that the contract be authorized for a not to exceed amount of $110,634.72. Sufficient funds to purchase these replacement vehicles are budgeted and available in the Fiscal Year 2022-23 Solid Waste Operating Fund (Fund 5a0).
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Resolution No. 10921 - A Resolution Authorizing the City Manager to Execute an Agreement with Nationat Auto Fleet Group to Purchase Three Ford Ranger Pickup Trucks.
Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
2 Page 30
09/27/2022 Item No.6.
RESOLUTION NO. 10921
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH NATIONAL AUTO FLEET GROUP TO PURCHASE THREE
F'ORD RANGER PICKUP TRUCKS
WHEREAS, the Public Works Department has validated its need to purchase three pickup trucks based on the department's solid waste vehicle replacement and expansion schedule; and WHEREAS, this purchase will be made through Sourcewell. National,{uto Fleet Group currently has a contract with Sourcewell to sell Ford Ranger pickup trucks in an amount not to exceed $36,878.24 per truck, for a total of $110,63 4.72 for the purchase of three Ford Ranger pickup trucks; and
WHEREAS, sufficient funds are budgeted and available in the Fiscal Year 2022-23 Solid Waste Fund (Fund 540) Operating Budget, which includes $5,142,714 for the purchase of vehicles; and
WHEREAS' staff recommends the execution of a contract withNational Auto Fleet Group for the purchase of three Ford Ranger pickups; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with National Auto Fleet Group to purchase three Ford Ranger pickups for the Solid Waste Division for a total not to exceed amount of $1t0,634.72.
PASSED AND ADOPTED this 27h day of September 2022, by the following roll-call vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10921
Page I of I Page 31
09/27/2022 Item No.6.
This page is intentionally left blank.
09/27/2022 Item No.6.
Folsom City Council
Staff Re rt
MEETING DATE: 9127/2022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10923 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the Sacramento Area Firefighters Local 522,IAFF, Folsom Unit
F'ROM: Human Resources Department
RECOMMENDATION / CITY COUNCIL ACTION
The Interim Human Resources Director recommends that the City Council pass and adopt Resolution No. 10923 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the Sacramento Area Firefighters Local522, IAFF, Folsom Unit.
BACKGROUND / ISSUE
The existing Memorandum of Understanding (MOU) between the City of Folsom and the Sacramento Area Firefighters Local 522,IAFF, Folsom Unit expired on June 30,2022.The parties began negotiations on a new MOU on April I8,2022, and reached a tentative agreement on August 31,2022. Local 522ratified the tentative agreement on September 6,2022. The new proposed successor MOU is being presented to the City Council on Septentber 27,2022, for consideration and approval.
POLICY / RULE
Government Code Title 1, Division 4, Chapter 10 commonly known as the Meyers-Milias- Brown Act requires that representatives of the Governing Body of a public agency shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Both parties shall endeavor to reach a tentative agreement within the scope of representation, and, if a tentative agreement is reached and ratified by the respective parties, they shall prepare a written memorandum of understanding 1
09/27/2022 Item No.7.
ANALYSIS ANd FINAITICIAL IMPACT
A tentative agreement was reached by the parties and the proposed successor Memorandum of Understanding, which will be effective July 1, 2022, contains the following changes that have some economic impact, as outlined below. The changed provisions are as follows:
l. The MOU term will be for three (3) years: July 1, 2022, through June30,2025
2. The classes of Fire Captain, Fire Engineer, and Firefighter shall have one salary range, consisting of seven (7) steps, with five (5) percent between steps. o Employee step assignment in the new range shall be equal to the salary the employee is assigned as of June 30,2022. The cost for the adjustment to the salary ranges will be approximately $206,768 in the first year in salary and benefit costs.
3. A cost-of-living adjustment (COLA) is provided for each year of the agreement:
o Year 1: Effective July 1,2022
. 3.5oA for Fire Captain, Fire Engineer, and Firefighter employees . The cost for the first year of the COLA will increase salary and benefits approximat ely $4 5 4,692.
o Year2: Effective July 1,2023
. 30 for Fire Captain, Fire Engineer, and Firefighter employees ' The cost for the second year of the COLA will increase salary and benefits approximately $396,878.
o Year 3: Effective July 1,2024
. 3yo for Fire Captain, Fire Engineer, and Firefighter employees . The cost for the third year of the COLA will increased salary and benefits approximately $406,075.
4. Effective July 1, 2022,the classes of Fire Captain, Fire Engineer, and Firefighter shall receive a special salary increase of 5Yo. The cost of the special salary increase will be approximately $659,826 in the first year in salary and benefits.
5. Medic Unit Incentive Pay
o Fire Captain, Fire Engineer, and Firefighter are eligible to participate in the annual medic unit incentive pay based on hours worked on a medic unit. An hours report, inclusive of regular duty and overtime hours, will be paid based on the following:
1) 2200 hours worked - employee receives $1,000
2) 2500 hours worked - employee receives $1,250
3) 2800 hours worked - employee receives $1,500
6. Uniform Allowance
o The City will increase uniform allowance per employee to $1,250 per year (cunently at $1,075 per year) for purchase of approved on-duty uniforms and attire.
2
09/27/2022 Item No.7.
7. Tuition/Books Reimbursement
o The City will increase reimbursable costs per employee for books, tuition, and lodging up to $1,500 per fiscal year (currently at $900 per fiscal year).
8. A variety of non-economical and clarification language changes were also agreed upon.
ATTACHMENTS
1. Resolution No. 10923 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the Sacramento Area Firefighters Local 522,IAFF, Folsom Unit
2. Proposed Memorandum of Understanding between the City of Folsom and the Sacramento Area Firefighters Local 522,IAFF, Folsom Unit for the term of July 1,2022, through June30,2025
Submitted,
John W. Spittler
Human Resources Director, Interim
J
09/27/2022 Item No.7.
Attachment I
RESOLUTION NO. 10923
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FOLSOM AND THE SACRAMENTO AREA FIREFIGHTERS LOCAL 522, IAFF, FOLSOM UNIT
09/27/2022 Item No.7.
RESOLUTION NO. 10923
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FOLSOM AND THE SACRAMENTO AREA FIREFIGHTERS LOCAL 522,IAF',F, FOLSOM UNrT WHEREAS, the City of Folsom and the Sacramento Area Firefighters Local 522,IAFF, Folsom Unit have met and confered in good faith since April 18th, 2022; and WHEREAS' the parties reached a tentative agreement on August 31st,2022; and WHEREAS, the members of the Sacramento Area Firefighters Local 522,LAFF, Folsom Unit ratified the tentative agreement on September 6th, 2022; and WHEREAS, the City Manager and the City's negotiation team recommend the City Council adopt the tentative agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O['THE CITY OF FOLSOM, that the City Council adopts the tentative agreement between the City of Folsom and the Sacramento Area Firefighters Local 522, IAFF , Folsom Unit for the period of July I , 2022, to June 30, 2025; and
BE IT FURTHER RESOLVED, that the City Council of the City of Folsom authorizes the City Manager to execute a Memorandum of Understanding between the City of Folsom and the Sacramento Area Firefighters Local 522,IAFF, Folsom Unit.
PASSED AND ADOPTED on this 27th day of September 2022, by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
09/27/2022 Item No.7.
Attachment 2
PROPOSED MEMORANDUM OX'UNDERSTANDING BETWEEN THE CITY OF FOLSOM AND THE SACRAMENTO AREA FIREFIGHTERS LOCAL 522,IAF'F, FOLSOM UNIT FOR THE TERM OF JULY 1,2022, THROUGH JUNE 30,2025.
09/27/2022 Item No.7.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF FOLSOM
AND
SACRAMENTO AREA FIREFIGHTERS
LOCAL 522,IAFF, FOLSOM UNrr
June 30 2025
09/27/2022 Item No.7.
TABLE OF CONTENTS
PREAMBLE
ARTICLE I - RECOGNITION AND COVERAGE
CoNTTNT]ATION oF BENEFITS.........
TERMS oF UNDERSTANDING
MEETTNG AND CONFERRING DURING THE TERM OF THE MEMORANDUM OF UNDERSTANDING......
SEVERANCE
ARTICLE II . MANAGEMENT RIGHTS
UNIONLEAVE
UNIONBaNT TnuE
UNION SECURITY
ARTICLE IV - SALARYAND OTHERCOMPENSATION
1 2.
4. 5.
6. 5
5 5
5 6
6 6
7 7
8 8
9 9
1. 2.
10 L
2. 4.
5. 6.
7. 8.
9. MARKET SURVEY 10
10 ll
12 l3
t4
l4
15 l5
15 l5
l6
t6
PARAMEDIC INCENTIVE PAY....,..............
TEMpoRARy WORK AsslcNrrasNrs ........
EDUCATIONAL INCENTIVE
LONGEVITY PAY PLAN
OUT op CLASS COMPENSATION
PRE-RETTREMENT OITIoNAL Sprrleve,Nr 2W DEArH BENEFIT (Sunvrvons)
PERS RETIREMENT - ALTHERNATE DEETH BENEFIT
10.. SoCIAL SECURITY WITHoRAWA.L
I 1.. Frsln TRArNmc Orrrcpn (FTO)......
12. SALARY
13. SALARYITANGES
ARTICLE V - OVERTIME
OvERTIME CorrapurarroN/Accnupo SrerrrNc FuRLoucH TIME
COMPENSATTNc Tnrap Orr
OVERTIME SCHEDULING
EMERGENCY Car-r.eacr
MANDATORY HIRES ..
COT]RT APPEARANCES
Srarron ASSIGNMENT CTNNCES
SrarFnqc ERRORS
O. CITY BUSTNESS TRAVEL
48/96 WORK SHIFT
MoDIFIED DUTY ASSIGNMENTS
FArR LABOR SraNoenos Acr (FLSA).
STATToN eNo Surr TRANSFER PRocEss
t7
I
2 4
5 6
7 8
9 I
t7
l8
18 t9+9
ScHEDULED OFF-Dury TRArNrNG.....
2rzg
nzs
t9
2t
20 20
2J2+
ARTICLE VI - HOURS OF WORK.. ...........,212+
I
2 J
4 5
1aa a
ii."
Vct
STATION BIDS
Page2
23
09/27/2022 Item No.7.
ARTICLE VII - HOLIDAYS..............
NON-SHIFT PERSONNEL.........
HOLIDAY PAY DIFFERENTIAL
HOLIDAY Rourng
ARTICLE VIII - LEAVES,............
ANNUAL LEAVE..........
LEAVE REQUEST PROCEDURE.
VACATION BIDDING......,
SHIFT TRADES
SICK LEAVE.
FMLA oR CFRA
BEREAVEMENT LEAVE......
PERSONAL LEAVE TIME.
EMERGENCY LEAVE
10. LEAVE TIME ACCRUAL - NON-PAY STATUS
11. LoCAL 522 CaresrnoPHIC TIME BANK
12. LEAVECONVERSIONRATES
13. JunvDurvLEAVE
ARTICLE IX - INSURANCE................
MEDICAL INSURANCE..
HEALTH INSURANCE
HrcH DEDUCneLe HsaLtH PLANS
OT]T oF STATE HEALTH PREMIUM PLAN............
DENTAL INSURANCE..
VISION CARE
HEALTH BENEFITS LABOR.MANAGEMENT COUUrrTgP..........
LIFE INSURANCE
SHORT TERM DISABILITY INSURANCE .,.,..,.,..,.,....
10. LoNG TERM DISABILITY INSURANCE..
1 I. FMLA/CFRA LEAVE SraruS..
12. RETTREE HEALTH IusunlNcs...
I3. RETIREE HEALTH BENEFITS REOPENER....
ARTICLEX - ALLOWANCES AND REIMBURSEMENTS..
UNIFORM ALLOWANCE
MTLEAGE RtrNaeuRsEN4eNr
TunroNr/BooKS REIMBURSEMENT
CoMPENSATION FOR TRAINING
REPLACEMENT oF DAMAGED PERSONAL PROPENTY
SCBA OPTICS REIMBURSEMENT
ARTICLE XI - EMPLOYEE DISCIPLINE
EMPLOYEE DISCIPLINE
PERFORMANCE EVALUATIONS..
PERSONNEL FILES
PURGING PERSONNEL FILES......
ARTICLE XII - GRIEVANCE PROCEDURE.
ARTICLE XIII - MISCELLANEOUS...
2424
I
2 J
I
2 J
4 5
6 7
8 9
1 2
J
4 5
6 7
8 9
1 2
J
4 5
6 7
..4545
..454s
..4545
..4646
..4546
..46M
..46M
..46M
..52e
..52*
..5252
..53.s
I
2 J
4 .......5555
1. FITNESS FOR DUTY
...............55s5
09/27/2022 Item No.7.
2. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15. 16.
17. PAYCHECK DISTRIBUTION ................5858
FTTNESS EVALUATION (WrllNrss) .5656
.56s6
.5',7*
.5',7#
MODIFIED DUTY ASSIGNMENTS
FIRE JoB CLaSSFICAION
PRoMOTIONAL TEST SCHEDULiNG
LABoPJMANAGEMENT TEAM 58s8
DEPARTMENT BULLETINS 56
PROGRAM COORDINATOR,/TECF{NICIAN 58s8
PROGRAM IT'IcsNrIVg PAY 56
MEDIC UNIT INCENTIVE PAY
STRIKE TEAM - AsSIGurraeNTS 58s8
PROBATIoNARY pERIoD, SENIoRITY, DEMOTIoN AND LAYOFFS... ..............,.........59 LATERAL HIRES 63gl
63G:PERSoNNEL RULES
ARTICLE XIV. SIGNATURE CLAUSE..... .....................6565 ATTACHMENTA - SALARY SCHEDULE.................. ...,,,,67
09/27/2022 Item No.7.
PREAMBLE
On the date hereinafter subscribed, authorized representatives of the City of Folsom, herein called "City", and authorized representatives of the Sacramento Area Firefighters Local522, IAFF, herein called "SAFF, Local 522",made and entered into this Memorandum of Understanding, hereinafter referred to as "Agreement" or "MOIJ." Pursuant to Section 3500 et seq. of the Government Code of the State of Califomia, an agreement between the aforementioned parties has as its purpose the promotion of harmonious labor relations; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other terms and conditions of employment.
The term "Agreement" as used herein means the written agreement provided under Section 3505.1 of the Government Code.
It is understood and agreed that this Memorandum of Understanding supersedes and replaces all previous agreements on these points by and between the City of Folsom and the Sacramento Area Firefighters Local 522.
ARTICLE I
RECOGNITION AND COVERAGE
1. Recognition
The Sacramento Area Firefighters Local 522 is recognized as the exclusive representative, as provided in the City's Employer-Employee Relations Policy, for all employees assigned to the Sacramento Area Firefighters Local 522Bargaining Unit in the following classifi cations :
Fire Captain
Fire Engineer
gi+eggh+eFl_ Firefighter
nre+gh+eFltr
Paramedie
In the event new classifications are established which are appropriate for this unit, the parties agree to meet and confer for the purpose of including such in the Sacramento Area Firefi ghter Local 522 Bargaining Unit.
2. Continuation of Benefits
09/27/2022 Item No.7.
B
A This Memorandum of Understanding is a final expression of the agreement between the parties with respect to the terms and conditions of employment. No amendment, alteration, understanding, variation, waiver or modification of any terms or provisions of this Memorandum of Understanding shall in any manner be binding upon the parties unless made and executed in writing between the parties hereto and approved by the City Council.
Terms and conditions of employment as specified in this Memorandum of Understanding shall remain in full force and effect during the term of this Memorandum of Understanding unless modified pursuant to the above paragraph or as otherwise specified in this agreement.
Terms of Understanding
This Memorandum of Understanding incorporates all modifications regarding wages, hours, and other terms and conditions of employment. This Memorandum of Understandingshal1beeffectiveasof@Ju1y|.2022.andshallexpire June 30, WT2n5. The parties agree to begin negotiations on a successor Memorandum of Understanding no later than I20 calendar days prior to expiration of this Memorandum of Understanding.
of the Memorandum of U
Unless specifically agreed otherwise, this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters contained in this Memorandum of Understanding and supersedes and cancels all prior or existing understandings or agreements between the parties, whether formal or informal.
During the term of this Memorandum of Understanding, representatives of the City and the SAFF, Local 522 may meet and confer on matters of mutual concern. Any agreement reached between the parties shall be memorialized in writing and be deemed a "Side Letter" to this Memorandum of Understanding.
The City Manager is authorized to enter into a Side Letter on behalf of the City for purposes of the interpretation or administration of this Memorandum of Understanding.
A Side Letter to this Memorandum of Understanding shall not be deemed valid until signed by the City Manager or designee, approved as to form by the City Attomey, and signed by an authorized representative of the SAFF, Local 522. Side Letters agreed to during the term of this Memorandum of Understanding may be incorporated into any successor Memorandum of Understanding.
Severance
Should any provision of this Agreement be found unlawful or unenforceable by a court of
J
4 5
09/27/2022 Item No.7.
competent jurisdiction, or invalidated by subsequent enacted legislation, the remainder of the Agreement shall continue enforce. Upon occuffence of such an event, the parties shall meet and confer as soon as practical to renegotiate the invalidated provision(s).
6. No Strike
The SAFF, Local 522 agrees that during the term of this Agreement, neither it nor its officers, employees, representatives, or members will engage in, encourage, sanction, support or suggest any strikes, work stoppages, boycotts, slowdowns, mass resignations, mass absenteeism, picketing or any other similar actions which would involve suspension of, or interference with, the normal work of the City of Folsom. In the event that SAFF, Local 522 members participate in such activities in violation of this provision, SAFF, Local 522 shall notiff those members so engaged to cease and desist from such activities and shall instruct the members to return to their normal duties.
ARTICLE II
MANAGEMENT RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, nothing contained in this article shall be construed to require the City to negotiate on matters which are solely a function of management, or not otherwise assigned as an employee right, including the following:
1. To manage the City generally and to determine issues of policy.
2. To determine the existence of facts which are the basis of management decisions.
J To determine the necessity for and organization of any service or activity conducted by the City, and to expand or diminish services.
To determine the nature, manner, means, technology, and extent of services to be provided to the public.
To determine methods of financing.
To determine types of equipment or technology to be used.
To determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the work force, and to allocate and assign the work by which the City operations are to be conducted.
To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including, but not
4. 5.
6. 7.
8. PageT
09/27/2022 Item No.7.
9 limited to, the right to contract for or sub-contract any work or operation of the City.
Such changes shall be subject to reasonable notice and good faith meet and confer.
To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments upon reasonable notice and good faith meet and confer.
To lay off employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. 1 l. To establish and modifr productivity and performance programs and standards.
To dismiss, suspend without pay, demote, reprimand, withhold salary step increasss, or otherwise discipline employees for cause.
l0
t2
T6.
19 13 To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, and job classifications, and to reclassi$'employees.
14. To hire, transfer, promote, and demote employees for non-disciplinary reasons.
15. To determine policies, procedures, and standards for selection, training, and promotion of employees.
To establish reasonable employee performance standards including, but not limited to, qualrty and quantity standards; and to require compliance therewith.
17. To maintain order and efficiency in City facilities and operations 18 To establish, publish, and/or modifr rules and regulations to maintain order and safety and health in the City. The City agrees to meet and confer on any items that fall within the scope of Government Code Section 3500 et, seq.
To restrict the activity of an employee organization on the municipal property and on municipal time except as set forth in the City's Personnel Rules and Regulations.
20. To take any and all necessary action to carry out the mission of the City in emergencies.
ARTICLE III
UNION RIGHTS
1. Union Leave
The designated unit representative shall be granted reasonable release time,
A
09/27/2022 Item No.7.
B.
D
2. Union Bank Time
C.
3. Union Security
The following provision has been agreed to pursuant to Section 3502.5 of the C
without loss of compensation or benefits, to meet with representative(s) of the City in regard to employee-employer relations matters.
Upon request of the SAFF, Local 522 tnitrepresentative, a reasonable number of employees may be released from duty, without loss of compensation or benefits for the purpose of meeting with the City. Such release time shall include thirty (30) minutes before and fifteen (15) minutes after the scheduled meeting. The times before and after the meetings are in addition to reasonable travel time to and from the employee's work location.
The City reserves the right to postpone or cancel a meeting if adequate staffing of the City's emergency services would be curtailed by the release of participating personnel.
Time used, pursuant to this section, shall be in addition to the time provided in Article III, Section 2, Union Bank Time.
A Employees in the bargaining unit may, but are not required to, donate accrued annual leave, holiday leave, compensating time off or staffing furlough time, in no less than one (1) hour increments, into a bank of hours from which designated representatives may draw time for the purposes of conducting Sacramento Area Firefighters Local 522 activities. Donated time will be transferred from the donating employee's accrued annual leave to the Union Bank in August of each year. Should supplemental donations be needed, the unit representative will notifu the City and an additional "donating" period will be permitted.
The unit representative or designee must approve, fill out and submit a leave slip for all employees using the Union Bank. The release of employees on Union Bank Time shall be subject to both the approval of the Unit Representative and the needs of the City, as determined by the Fire Chief. Approval by the Fire Chief shall not be unreasonably withheld. In no event shall more than three (3) bargaining unit members be released from duty, pursuant to this section, at the same time.
The unit representative or designee must request through the on-duty Divisien Battalion Chief for the release of employees on Union Bank Time at least ten (10) work days prior to the desired time off. Under unusual or emergency circumstances, the request may be considered for approval with less than ten (10) working days' notice.
B
09/27/2022 Item No.7.
Govemment Code.
A. Membership dues shall be payroll deducted and transmitted to the SAFF, Local No. 522 B. Any employee who is a member of a bonafide religion, body or sect that has held conscientious objections to joining or financially supporting public employee organizations shall not be required to financially support SAFF, Local No. 522. Such an employee shall, in lieu of the service fee, pay a sum equal to the service fee to a non- religious, non-labor charitable organization that is exempt from taxation under the Internal Revenue Service Code and identified by the SAFF, Local522.
C. The SAFF, Local 522 expressly agrees to indemnifr, defend and hold the City harmless for any and all claims, demands, costs (including any costs and attorney's fees incurred by the City in defense of a lawsuit), expenses, damages or other monetary losses arising out of or in any way connected with any action or inaction of the City in adoption or administration of this section. This hold harmless defense and indemnity agreement shall include but not be limited to employee legal actions of any sort or nature against the City based upon or related to this section.
ARTICLE IV
SALARY AND OTHER COMPENSATION
1. Market Survey
The City agrees that if a Market Survey is to be completed, the classes of Firefighter I, Firefighter II, Fire Engineer, and Fire Captain shall be used. Additionally, it is agreed that the following agencies shall be used: City of Davis, City of Rocklin, City of West Sacramento, City of Sacramento, Sacramento Metropolitan Fire Protection District, City of Roseville, El Dorado Hills Fire District, and Cosumnes Community Services District.
Ditrerentiatlncentive
Positions in the job classification of Firefighter, Fire Engineer and Fire Captain that maintain paramedic licensure and accreditation will receive the following monthly paramedic pay @:
1) Firefighter - $765.00 per month.
2) Fire Engineer - $600.00 per month.
3) Fire Captain - $550 per month.
Employees assigned to a temporary assignment shall maintain the paramedic @pay of their permanent classification;.
2. A.
B
09/27/2022 Item No.7.
C Employees that maintain paramedic licensure and accreditation shall be reimbursed for the cost of the license and accreditation. Emplovees will not receive compensation for any late fees associated with naramedic licensure renewal or accreditation continuation.
Current employees achieving paramedic status must receive pre-authorrzation from the department to qualifu for participation in the paramedic program.
The department shall have the right to remove paramedic diffe+cn+ial-incentive pay from any required or authorized employee as a result of loss,-ora logg q lapse of paramedic licensure and accreditation by Sacramento County or State of California requirements and regulations.
The department shall provide a fiscal year list of the names of those employees that are required, and those that are authorized, by terms of this MOU to perform [email protected]
current and/or new employees authorized or required to possess paramedic licensure and accreditation, will be automatically added to this list.
G An employee authorized to operate as a paramedic can request, in writing to terminate paramedic status. This request must be received ninety (90) days prior to the requested termination date. The department will evaluate the number of current paramedics, and the service level within the City of Folsom, to determine whether to grant this request. Such request will be granted if the service level will not be disrupted or does not cause negative financial impact.
H. Allemployeesreceivingparamedic@ayshallhavetheir
performance as a paramedic included in their City employee performance evaluations. Performance that falls below "meets expectations" shall be reviewed by the department EMS Officer and Fire Service Medical Director. Such employees, identified as authorized in the fiscal year list, may be subject to removal from participation in the paramedic program and loss of paramedic @pay. The parties agree that disagreements under this
provision may be appealed through the grievance procedure contained in Article XII, Grievance Procedure of this MOU.
I. Those employees, regardless of rank, receiving paramedic differen+ial-inc entive pay may request re-assignment to a medical transporting unit for periods not to exceed 30 days.
J Merit step increases will not be withheld as a result of paramedic performance for employees who are not participating in the paramedic program as a condition of employment.
D.
E.
F
3. Temporary Work Assignments
09/27/2022 Item No.7.
A.
B.
4. Educational lncentive
A.
Employees assigned to a temporary, 4$heur40-hqq work week will receive a l0o/o pay increase for the duration of the assignment. Such assignment shall be for not more than ninety (90) days in duration unless otherwise agreed to by the Employee and the Department.
Career Development Positions: The City and the SAFF, Local 522 agree to jointly develop and implement a career development program for purposes of gaining the knowledge, skills and abilities in the Training, EMS, and Fire Prevention Divisions, or other identified assignments, of the Fire Department.
This includes the development ofjob descriptions and responsibilities for each identified assignment. The assignment shall be considered non-mandatory and shall be filled only with qualified volunteers. Should more than one volunteer for the assignment, the Fire Chief will evaluate the qualifications of all candidates before selecting a volunteer. Seniority in grade, performance evaluations, disciplinary actions and commendations, and educational experience shall be the determining factor in this selection. The duration of the assignment shall be for no longer than twelve (12) months. The assignment may be extended by mutual agreement between the individual and the Department. Permanent employees will not be assigned until successfully completing their probationary period.
Employees subject to this Agreement shall be eligible, upon proof of eligibility, to receive a monthly educational incentive pay as described in this section of up to l\Yo, in addition to the regular base pay:
1) Any Associate of Arts or Science Degree from a City approved recognized college or university (as defined in Section D), or CSFM "Fire Officer" or "Company Officer" completion of certification track shall receive 5Yo. 2) Employees who successfully complete all CSFM "Chief Officer" or "Chief Fire Officer" certification track educational requirements (Pre- Certification) in addition to completion of the requirements in Item 1 above shall receive 7.5o/o; or
3) Bachelor of Arts or Science Degree in Fire Technology/Science, Public Administration, Business Administration, Public Safety, Emergency Management, or other approved program from a City approved accredited college or university (as defined in Section D); or any Associates of Arts or Science Degree from a City-approved recognized college or university (as defined in Section D) and CSFM "Fire Officer" or "Company Officer" certificate and successful completion of CSFM "Chief Officer" certification track or CSFM "Chief Fire Officer" requirements as follows:
course completion, task book completion, and experience as specified in
09/27/2022 Item No.7.
B
5. Longevit)'Pa)'Plan
C
the CSFM Chief Fire Officer Certification Checklist shall receive 10o%.
Employees may seek pre-approval from the City prior to taking courses in this program.
4) CSFM Fire Officer certificate shall be equivalent to a CSFM Company Officer certificate.
s) CSFM Chief Officer certificate shall be equivalent to the CSFM Chief Fire Officer certificate.
Employees hired prior to July 1,2010 who receive a Master of Arts or Science Degree in Fire Technology/Science, Public Administration, Business Administration or Public Safety from an accredited college or university shall receive an additional5%o Educational Incentive Pay. Employees hired on or after July 1, 2010 shall not qualiff for an additional 5%o for a Masters of Arts/Masters of Science degree.
Educational Inceritive Pay shall be received by the employee upon submitting substantial proof of eligibility acceptable to the department, and shall not be appliedretroactively.Substantialproofshallbeadiploma,@
or official acknowledgement that all educational criteria for the document have been submitted.
Recognized colleges and universities are those institutions of higher leaming accredited by one or more of the United States regional accrediting bodies.
For purposes of clarification the City agrees to amend titles contained in this Section in a manner consistent with changes enacted by the California State Fire MarshallMarshal.
D.
E.
A.
B
C
Subject to subsections B and C below, the City will pay employees represented by the SAFF, Local 522 for their continued longevity based on the following formula. The Longevity Pay increments will be paid on a monthly basis.
Additional
Additional
2 Yr%
2%%
2%%
After 10 years of full-time City service
After 15 years of fuIl-time City service
After 20 years of full-time City service
Longevity Pay shall not exceed a total of 7 YzYo per month for an employee with twenty or more years of full-time City service.
Notwithstanding subsection A above, for the period beginning July 1, 2011 and ending June 30, 2012, employee advancement from one Longevity Pay increment
09/27/2022 Item No.7.
to the next increment shall be frozen. Employees who would normally have advanced to a higher increment during this period shall advance to the next higher increment twelve (12) months from their anniversary date and shall not receive any retroactive payment. Total service credit for longevity purposes is not impacted.
D. Employees hired after July 1, 2011, shall not be eligible to receive Longevity Pay
6. Out of Class Compensatiea
The City shall pay out of class compensation pursuant to City Personnel Rules and Regulations, except that, such compensation shall be paid on an hour-for-hour basis to employees who are assigned to work in a higher classification. Employees shall receive an additional $3.00 per hour for Acting Battalion/Division Chief or Acting Captain, or $2.50 per hour for Acting Engineer for the duration of the out of class assignment.
Employees will not be forced to work out of class in a lower class except in those instances outlined in Article VIII, Section 8, Emergency Leave. In the event that all eligible employees for a vacancy have been contacted and have refused the overtime opportunity, then a qualified employee in any class may volunteer for that overtime opportunity.
o A Captain or Engineer will not be eligible for immediate need or planned need strike team assignments while assigned to a lower rank without the Fire Chief s approval.
The Fire Chief or their designee may waive this work restriction based upon the needs of the City.
l. Retirement
A. Public Employees Retirement System (PERS) - Formula
1) All safety employees hired on or before June 30, 2010 shall receive the retirement benefit of 3%@50. All safety employees hired on or after July 1,2010 shall receive the retirement benefit of 2%@50. Pursuant to the California Public Employee's Pension Reform Act of 2013 (AB 340), all employees hired after January I,2013 shall receive the retirement benefit of 2.7@57 or as otherwise required by PERS law.
All employees hired on or before June 30, 2010 shall receive the retirement benefit based on the single highest twelve (12) months of compensation. All employees hired on or after July 1, 2010 shall receive the retirement benefit based on the employee's highest average monthly compensation during thirty-six (36) consecutive months of employment as 2)
09/27/2022 Item No.7.
provided in state law pertaining to PERS.
B. Public Employees Retirement System (PERS) -- Retirement Contribution:
1) The City agrees to pay the full cost of employer contributions to the Public Employees' Retirement System (PERS) for all employees in the Sacramento Area Firefighters Local S2}bargaining unit, as currently contracted with PERS. Effective July 1, 201I, employees shall pay the employee share of retirement according to the following implementation schedule:
Effective July l, 20II, employees shall pay 5%o of the employee share of retirement.
Effective January 1,2012, employees shall pay 9%o of the employee share of retirement.
C. The City agrees to continue Govemment Code Section 2069I, Conversion of Employer Paid Member Contributions (EPMC).
8. Pre-Retirement Ootional 2W Death Benefit (Survivors) Effective October 16,2006,the City modified the contract with the Public Employees Retirement System (PERS) to add Government Code Section2l54&, Pre-Retirement Optional Settlement 2W Death Benefit.
9. PERS Retirement -- Alternate Death Benefit.
The City has amended its contract with the California Public Employees Retirement System to add the Alternate Death Benefit for Local Fire Members credited with 20 or more years of service (Govemment Code Section 21547.7). SAFF Local 522 agreesthat all costs associated with this PERS contract amendment shall be borne by employees in the SAFF Local 522Bargaining Unit. To this end, the City will deduct a flat amount per paycheck from each employee in the SAFF Local 522Bargaining Unit sufficient to fund the cost of this PERS contract amendment.
10. Social S Withdrawal
The City agrees to reopen and negotiate the direction of funds, should the City withdraw from Social Security.
Field Training Officer (FTO)
A. Field Training Officer Program
a.
b.
11
09/27/2022 Item No.7.
The City and the SAFF, Local 522 agree to jointly develop and implement a Field Training Officer (FTO) program to assist in the career development and mentoring of department employees or paramedic interns. Additional career development training may be added to the program as agreed to by both parties.
Only one person may serve as an FTO at any one time for an individual receiving career development and mentoring. Parties agree to meet as agreed on for the pu{pose of developing a FTO operating plan for the Department. 1) The Fire Chief shall certiff the qualifications of an employee as a designated FTO prior to using the employee in that capacity. The FTO plan used by the department shall be voluntary in nature and shall not require participation by employees. Employees who volunteer to be an FTO shall not be negatively affected in their annual evaluation for performance as an FTO. An employee may be removed from the FTO position by the Fire Chief due to lack of need for the FTO or other reasons as set forth by the City.
B. Field Training Officer Compensation
1) The City shall pay FTO compensation on an hour-for-hour basis to employees who are assigned in writing by the department to work in this capacity. Employees in the classes of Fire Captain, Fire Engineer, and Firefighteryan*Paranredie shall receive an additional $4.00 per hour while serving as an FTO.
2) FTO compensation shall be paid to employees providing for the training of department employees (probation or full time) or paramedic interns as authorized by the Fire Chief.
12. Salary
A. Effective July 1. 2022. is
MeUall employees shall receive a salary increase of 25W5%..
B. Effective the first full pay period in July 2023, all employees shall receive a salary increase of 25%3o/o.
C. Effective the first full pay period in July 2024, all employees shall receive a salary increase of 2259130/o.
13. Special Salary Increase
Effective July 1. 2022.
eotmeil the classes of Firefiehter, Fire Engineer, and Fire Captain shall receive a special salary increase of 5o%.
09/27/2022 Item No.7.
AU. Salar.v Ranses
veJ
M€:EL the Salar)' Range for Firefishter. Fire Engineer. and Fire Captain shall be as set forth in Attachment A. The amounts specified in Attachment A include the salarv 1 inerease-described in Section 12 and Section 13.
B. The new salary range shall be a total of seven salary steps. with approximatelv 5olo between each step. The current top step shall be the new top step of the seven-step salary range.
C. Emolovees will be moved to the new salarv ranse effective Julv 1. 2022asofahe-{x# futt pay pcriod after C
1 s in each class that is closest to
qqlqnr oc nf Trrne ?O ? 1 without Loi-- l^.tro.
Range4andBshattb ire
Pngineer; and Fire C
@
R, Empteyees witt b
@
ft, Preeedurcs for ste
ARTICLE V
OVERTIME
Overtime Computation/Accrued Staffing Furlough Time
Overtime hours worked will be compensated at one and one-half (l Il2) times the employee's straight time hourly rate of pay (including all compensation regularly and routinely received by the employee), based on a 56heurL6-hqur work week (2912 hours worked per year) or 40@hoUt work week (2080 hours worked per year).
A.
09/27/2022 Item No.7.
r) SFT earned shall not be cashed out except upon separation of employment.
Upon separation, banked SFT will be cashed out at the employee's straight time rate of pay (including all compensation regularly and routinely received by the employee).
2) Employees may use accrued SFT for leave purposes.
3) Employees may request SFT time off consistent with Annual Leave procedures (Article VIII, Section 1, Annual Leave).
B. Employees shall be compensated at their overtime rate for all hours worked that are not part of the employee's normally assigned work schedule. It is understood that leave time taken by an employee shall continue to not be counted as time worked for FLSA pu{poses.
Pursuant to City Personnel Rules and Regulations all overtime shall be compensable in increments of thirty (30) minutes.
Incidental overtime of less than fifteen (15) minutes in a non-recurent extension of the work daylshift is non-compensable in any form.
Employees shall be compensated at their overtime rate of pay for one (1) full hour when working beyond the incidental overtime period (Article V, Section 1(D), as a result of a dispatched incident
e, Ove*ime neurs wo
evertime rverked beyond the seheduled shift shall be eempensated in aeeerdanee with Artiele V; Seetien 1(D) ^"^*;-- abeve and ineremental eorrpensation, GE-The department.has the right to require employees to remain at work and perform work-related duties for the duration of the established overtime period.
2. Compensatine Time Off
Compensatory time off (CTO) may be accrued in lieu of overtime pay to a maximum of hours. Employees shall take CTO off in a
manner consistent with Annual Leave. Accrued CTO shall be used before any other accrued leave time is used.
3. Overtime Scheduline
The City agroes to a list for "Special Events" and a list for "Scheduled Overtime Duty" C.
D.
E.
Overtime
09/27/2022 Item No.7.
A.
B
C.
4. Emergencv Callback
C
5. Mandatory Hires
A.
"scheduled Overtime Duty" ("SOD") procedures will follow the most current "SOD" Procedures found in the Fire Department Standard Operating Procedures Manual. "SOD" list shall be zeroed out on January l't of each year and revert to overall seniority then to overtime hours.
"special Events" shall be a rotating list. Employees hired andlor mandatory hired under the "special Events" criteria shall rotate to the bottom of the "Special Events" list, without regard to the number of regular overtime hours worked. 1) "Special Events" is defined as any event that increases the daily staffing over the normal staffing level (i.e., Rodeo stand by, Red Flag warning day, Wind event).
The parties agree to meet and confer over the impact of future special events on SAFF 522 members.
A. Employees are subject to routine or periodic emergency callback that is inherent and integral part of their assigned job responsibilities in order to provide continuous public services deemed to be necessary and appropriate by the City Manager or Fire Chief. The Fire Chief or his/her designee shall initiate emergency callback to all employees to return to work due-+e-wheu an emergency condition at the National, State, or local level compels the Fire Chief to provide staffing for continuous public service deemed necessary and appropriate to maintain department operations.
Employees shall keep the Department apprised of a current telephone number where they can normally be reached during off-duty hours. Employees shall respond to an emergency callback within a reasonable amount of time, unless the employee is incapable of doing so.
Emergency callback shall be paid at (l ll2) times the hourly rate of pay, for a period of two (2) hours or for hours actually worked, whichever is greater.
Section 45 of Article V, Overtime, does not apply to emergency callbacks.
B
Employees who are notified that they are being mandatory hired to work overtime as a result of unplanned vacancies (e.9., sick leave, emergency leave, strike team backfill) that originate within twenty-four (24) hours or less of the start of the next scheduled work shift shall be compensated at arate at two (2) times the employee's regular hourly rate of pay for up to a maximum of eight (8) hours per occurrence and one and one-half (l %) times the employee's hourly rate of pay for the balance of the mandatory hire shift.
09/27/2022 Item No.7.
B Employees that volunteer to work a mandatory hire in place of another employee who has been notified that they are being mandatory hired will work that overtime at the employee's normal overtime pay rate of
times (l %). The employee volunteering for that shift will have their name moved to the bottom of the mandatory hire list.
6. Court Appearances
Fire personnel will be compensated for required, job related off-duty court appearances at times (l %) the hourly rate of pay, for a period of four (4) hours or for hours actually worked, whichever is greater. Personnel filling shift vacancies for employees appearing on-duty for court appearances shall receive overtime compensation in accordance with Article V, Section 1, Overtime.
7. Station Assignment Chanees
A. Employees who are notified of station assignment changes after the completion of their shift and leaving the work site, shall be compensated by the payment of one half (%) hour of pay at the employee's overtime rate. The purpose of this provision is to recognize, and compensate for, the additional time and effort required to make the transition to the new station assignment.
B Employees who voluntarily accept overtime assignments that require attendance at more than one station for purposes of shift change, that create a "holdover" or "cover" situation, except late calls, shall make arrangement(s) to trade the "holdover" time with the respective employee awaiting relief, or will be docked the amount of time consistent with the current MOU to compensate the holdover employee.
C In the instance of a late call causing a delay and forfeiture of scheduled overtime hours, the affected employee is still eligible for compensation as provided in Article V, Section 1(E), Overtime "as a result of a dispatched incident."
8. Staffine Errors
An employee, who reports to work on an overtime shift and is released from duty because of a staffing eror, will be compensated for four (4) hours at one and a half times (1 %) the hourly rate of pay when the employee remains at work and performs work related duties for the duration of the four (4) hour work period. Employees who elect to leave the work site prior to the four (4) hour work period shall be compensated for the actual hours worked. The provision governing force hire compensation shall govern when applicable.
9. Scheduled Off-Duty Trainias
Page20
09/27/2022 Item No.7.
Fire personnel will be compensated for scheduled, off-duty training that is required by the Department and approved by the Fire Chief. Compensation shall be at one and a half times (l %) the hourly rate of pay , for aperiod of two (2) hours or for hours actually in attendance, whichever is greater. In the event the training is eaneel.edgaagqlgd, and the employee has arrived at the training location he/she will be compensated for two hours of overtime.
10. City Business Travel
Employees who travel to do business for the City shall be compensated for actual hours worked, including travel time. Employees that are not on a regular scheduled day to work shall be compensated one and one half (1 %) times the employee's total hourly compensation rate.
Employees who travel to do business for the City that are on a regular scheduled work day shall be placed on Offsite (OS) Status for the entire work period with no loss in wages or benefits.
The employee may request a Per Diem, which shall be the maximum Per Diem based on the most current Maximum Domestic Per Diem Rate table in accordance with the City Travel Policy. If Per Diem was not requested prior to departing on City business, the employee upon returning from the City business may submit a Per Diem request for reimbursement with receipts.
ARTICLE VI
HOURS OF WORK
1. 48/96 Work Shift
Subject to Subsection 1(C) below, the City and the SAFF, Local 522 agree to continue the 48196 work schedule, as follows:
A Personnel working a 56-hour workweek (2,912 hours per year) will work atotal of four shifts within a twelve (12) day cycle. Each shift shall be for 24 hours in duration and shall be scheduled back-to-back, contiguously. A shift rotation is defined as two (2) back-to-back, contiguous 24-hour shifts.
The twelve (12) day cycle shall start at 0800 hours.
Pursuant to Article II, Item 9, Management Rights, of the MOU work schedules shall continue to be at the discretion of the Fire Chief in consultation with the City Manager, upon reasonable notice and good faith meet and confer with the SAFF, A
B
C.
B.
C.
Page2l
09/27/2022 Item No.7.
Local 522. The City also reserves the right to review this shift schedule on a periodic basis in order to address any potential inequities or problems.
D All Fair Labor Standards Act (FLSA) 7K exemptions for Firefighters will apply, e.g., hours worked and overtime provisions, etc., unless modified by other provisions in this Memorandum of Understanding.
2. Modified Dutv Assisnments
The department reserves the right to determine and approve all modified duty assignments. However, the City will endeavor to provide modified duty assignments upon request to any employee who submits verification from a medical physician identified from a City health insurance plan, or from a Worker's Compensation approved treating medical physician, substantiating the necessity for such modified duty as a result of pregnancy, injury or illness. The department shall determine the hours and duties of any approved modified duty assignment. Although Modified Duties Assignments are temporary, they are not to be classified as "Temporary Work Assignments" as defined in Article IV, Section 3.A, Temporary Work Assignments. In the event the employee is placed on a forty (40) hour work schedule Article VII, Section 1, Holidays, will not apply and the emolovee will to receive HIL oav
3. Fair Labor Standards Ast (FLSA)
The City shall comply with the Fair Labor Standards Act (FLSA) and agrees to meet with the SAFF, Local 522 in order to discuss sections of the Act which affect the agreed upon wages, hours and other terms and conditions of employment.
4. Station and Shift Transfer Process
A. Department Requests
In the event a departmental need arises to move personnel from one shift to another shift, or from one station assignment to another, the basic reason for the need shall be made known to the affected employees. Whenever avacancy occurs, it shall be bid for by seniority in the rank in which the vacancy occurs. If the vacant position is not filled through the bid process (no one applies), assignments shall be made through inverse order of seniority within the rank. If the transfer is due to departmental need, the City will be responsible for honoring the employee's scheduled vacation dates.
B. Employee Requests
Employees voluntarily seeking transfer from shift to shift, or station to station, may fill out a shift/transfer request form and submit it to the Fire Chief or his/her designee for approval.
Page22
09/27/2022 Item No.7.
l)
2)
| 5. Station Bids
Requests to move stations/shifts will be approved by the Fire Chief or his/her designee if there are no negative operational impacts to the Department.
StatiorVShift transfer requests may be submitted twice annually for consideration.
a. Deadlines to request a transfer are September 15th, with an implementation date near the beginning of the next calendar year based upon established work schedules and pay cycles. Employees granted a shift transfer at this time will be notified by the Fire Chief or his/her designee no later than October 1't, and will bid station assignment and vacation dates on the newly assigned shift. b. Station / Shift transfer requests will be considered mid-year as well. The dea#{inedeadline for such requests is June l't with an implementation date near the beginning of July based upon established work schedules and pay cycles. Employees granted a shift transfer at this time will be notified by the Fire Chief or his/her designee no later than June l5th. Employees who are granted a Station/Shift transfer mid-year assume all responsibility for re-scheduling their vacation dates pursuant to the MOU and/or loss of the bid vacation dates. Employees granted a Station/Shift transfer mid-year will be assigned to the vacancy identified based upon their seniority in rank.
c. Voluntary Station/Shift requests are final once the Department has notified the employee in writing of the transfer request approval.
Members are specifically precluded from initiating any appeal process (including Article XII, Grievance Procedure) to either the City of Folsom or the Folsom Fire Department for any alleged violations of this section.
Station bids for each shift will be conducted at least annually. The Department will establish a list of departmental needs for each individual station. The most senior person by rank will bid for assignment based on filling the department's needs until all of the department's needs have been met and all of the vacant seats have been filled. All firefighters that bid at a medic station will participate in a medic seat rotation, to be determined by the station supervisor.
ARTICLE VII
Page23
09/27/2022 Item No.7.
HOLIDAYS
1. Non-Shift Personnel
Employees who are not assigned by the Fire Chief to work shifts shall receive the following:
A. The following holidays shall be observed by the City 1) New Year's Day (January 1)
2) Martin Luther King Day
3) President's Day (Washington's Birthday)
4) Memorial Day
5) Independence Day
6) Labor Day
7) Veterans Day
8) Thanksgiving Day
9) Friday following Thanksgiving Day
10) December24
11) Christmas Day
12) December 31
13) One (1) personal holiday as set forth in Item E) below.
If any holiday falls on a Saturday, the proceeding Friday shall be observed as the holiday; and if any such holiday falls on a Sunday, the following Monday shall be observed as the holiday.
If a holiday occurs on the employee's first normal day off, the employee shall take the preceding day as the holiday; however, if the holiday occurs on the employee's second consecutive normal day off, the employee shall take the following day as the holiday.
Notwithstanding the above, eligible employees who are not able to take a designated holiday day off shall be credited with one (1) additional day of annual leave (8 hours) for each holiday not taken.
As listed under Item A above, employees shall be entitled to one (1) personal holiday (8 hours) per calendar year. Employees who have not completed their initial probationary period may not take their personal holiday until they have completed the probationary period.
No holiday pay shall be accrued when an employee has been off work on unpaid status for more than ninety (90) days.
B
C
D
E.
F
Page24
09/27/2022 Item No.7.
2. Holidav Pay Differential
Effective July 1, 2011, employees shall receive a6Yo Holiday Pay differential. Holiday Pay shall be multiplied by the employee's salary step. Employees with accrued Holiday Leave credits on the books may take such time off in the same manner as Annual Leave.
Holiday Pay shall be compensable for retirement (PERS) purposes.
3. Holiday Routine
On those days which are official City holidays, or on any other days declared a holiday by the Administration, a holiday routine will be utilized. Under this procedure, the personnel will be allowed to spend the day pursuing leisure activities within the following guidelines:
Morning apparatus checks are to be performed promptly as on any other day Any maintenance or other activity required to maintain the company at an appropriate level of readiness will be performed.
Any other activity will be performed, if in the judgment of the officer in charge, to delay or fail to perform such an activity would in any way be detrimental to the Department's equipment or operation.
ARTICLE VIII
' LEAVES
Annual Leave.
1. Employees shall receive the following Annual Leave credits:
Non-shift nersonnel our work week):
A.
B.
C.
1 Length of Service
0 - 5 years
5 - 10 years
l0 - 15 years
I 5f years
Shift nersonnel ( our work week):
Lensth of Service
0 - 5 years
5 - lOyears
10 - 15 years
1 5* years
Annual Leave Allowance
15.34 hours per month
18.66 hours per month
21.34 hours per month
23.34 hours per month
Annual Leave Allowance
24.34 hours per month
27.66 hours per month
30.34 hours per month
32.34 hours per month
Page25
09/27/2022 Item No.7.
B Except as specified in Article VIII, Section D (1) below, employees shall not accrue sick leave. However, employees who have accumulated sick leave hours shall retain such hours and may use such leave credits pursuant to Article VIII, Section 5, Sick Leave, of this MOU.
C Subject to Article V, Section 2, anntal leave credits may be used for any approved absence, including vacation and illness or injury. When annual leave is used for vacation, it will be scheduled pursuant to Article VIII, Section2,Leave Request Procedure and Section 3, Vacation Bidding. When annual leave is used for illness or injury leave (e.g., sick leave) purposes, it will be taken pursuant to Article VIII, Section 5, Sick Leave, of the MOU.
D Employees with annual leave balances that exceed the annual leave caps of 320 for non-shiftlaa+$L tor shift employees as of the date of ratification by City Council of this MOU, may retain such balances until the annual leave balances are reduced to the new caps.
1) To avoid exceeding the maximum of 320/44&48[hours of accumulated annual leave, the City may direct an employee to take time off on annual leave. However, in the event the City does not approve annual leave for an employee in an amount sufficient to reduce accumulated annual leave to 320144*48Lhours, the number of hours that exceed 320144+480 hours shall be rolled over into sick leave until the annual leave balance is reduced to the cap.
E. Employees may cash out up to 40 hours of annual leave for non-shift personnel, and 56 hours of annual leave for shift personnel per fiscal year. Annual leave shall be cashed out pursuant to procedures established by the City Human Resources Department.
Accrued annual leave shall be cashed out upon separation of employment with City on an hour for hour basis.
G, Empleyees; enee enly may eenverl ariy ameunt ef a"mual leave te siek leave at a
2. Leave Request Procedure
A. Leave requests less than twelve (12) hours mafghallbe granted if a qualified individual voluntarily accepts the overtime opportunity.
F
Page26
09/27/2022 Item No.7.
B. Unless an exception is granted by the Fire Chief no less than twelve (12) hours can be granted for leave purposes and 12-hour leave increments must begin or end at 0800 (i.e. 0800-2000 or 2000-0800 hours).
C. No more than fifteen percent (15%), (rounded to the nearest whole number), per shift within the Fire Captain, Fire Engineer, or Firefighter classifications shall be granted leave for bid vacation (BV) @urposes at any one time. Leave usage requests scheduled during an approved Bid Vacation (BV) process will be granted in accordance with this subsection.
D. No more than fifteen percent (15%), (rounded to the nearest whole number), plus-ene ($per shift within the Fire Captain, Fire Engineer, or Firefighter classification shall may be granted leave@irme. Consideration of all shift
to additional leave
consultation with the prior approved leave requests will be honored regardless oftotal personnel off.
E. Exceptions to Subsection (D) may be granted by the Fire Chief so long as it does not result in a mandatory hire.
F. Leave requests for dates submitted twenty-one (21) days or more from the requested leave date will be accepted and may be approved as per subsection GL above. Leave requests submitted within the twenty-one (21) day period, which create avacanay requiring an overtime fill, will be approved if a qualified replacement accepts the overtime opportunity as per Section D above.
3. Vacation Biddine
Vacation bid scheduling consists of one calendar year, starting January 1.
Vacation bidding will be based on seniority by shift. Seniority will be based on the original, full-time hire date of the employee.
The bidding process shall be completed ninety (90) days prior to the beginning of the calendar year. Bidding shall take place by the shift proceeding the ninety (90) day period and shall consist of a ene-dayqnqday process for each shift.
Shi&_Egmployeeg shall be notified in-r#riting-of the scheduled bid day for their respective shift thirty (30) days prior to that day by the Shift Representative. shift on extended leave, i.e., Worker's Compensation and vacation, shallbenotified@thirty(30)dayspriortothescheduledbiddate for their shift by the Shift Representative.
A.
B.
C.
D
E.
Page27
09/27/2022 Item No.7.
F
G
H
I
Vacation bidding will be held in rounds. Each employee will have the opportunity to select a continuous block of time, one (1) continuous block per round. Bidding by rounds will continue until all employees have completed selections. At the conclusion of the bidding process, employees shall submit their bid selections to the shift representative or unit representative on a Department Vacation Request slip by the end of that shift.
Vacation bidding cannot result in ne-more than fifteen percent (15%), (rounded to the nearest whole number), or authorized shift personnel per shift shall be granted annual leave for bid vacation purposes at the same time. For example: 20 shift personnel per shift x l5oh:3 personnel granted leave for bid vacation purposes.
Shift representatives or authorized designees will handle the bidding process for their respective shifts.
Employees on leave, i.e., Worker's Compensation, disability l€a#elggyg, or leave shall be responsible for submitting their selections for the bidding process. A tThe
desired bids by such employee shall be submitted to the respective shift representative or unit representative prior to the scheduled bid day. Failure to do sowil1resultinvacationbidpassesbytheemployee.ffi
iv€,
A continuous block of time consists of no less than twelve (12) hours and no more than ten (10) shifts. All blocks shall be consecutive, including multiple days of request of less than twenty-four (24) hours. A continuous block of time is defined as any vacation request within a ten (10) shift period when that block contains no more than fifteen percent (15%), (rounded to the nearest whole number), or authorized shift personnel per shift off.
K. Employees shall have the option to cancel Scheduled Bid Vacation andlor vacation thirty-one (31) days prior to the scheduled date.
K-. At the completion of the bidding process, all calendar days with less than fifteen percent (I5%), (rounded to the nearest whole number), of authorized shift personnel per shift offffigg.n rubmita lgavg request pursuant to the MOU. These leave requests will be considered by the Fire Chief, with consultation with the Unit Representative, and approval will be dependent upon the number of total vacancies on the requested day. ffiit+g pe+i€1,'
J
L
L.Nu!_Vacation scheduling disputes will be submitted to the unit representative for review by a designated committee. Decisions by the committee will be final.
Page28
09/27/2022 Item No.7.
I#.N-A calendar will be completed by the unit representative and/or shift representative and submitted to Fire Administration. The calendar and signed Department Leave Slips will be forwarded to Fire Administration. Individual employees are responsible for entering their own bid requests into +eleS+afflebfs@f within two rotations. after the bid process is complete. for review and approval by their immediate supervisor, @ Bid Vacation not entered into
rotations from the bid be su ect to
the employee.
FI-.Q-New hire employees will have seniority determined by the City at time of hire.
Vacation scheduling shall be in accordance with City rules and regulations, Section 2.01. I 00 (b8,1).
&B-In the event an employee is transferred to another shift due to departmental needs, the City will be responsible for honoring the employee's scheduled vacation dates. If the employee requests a transfer to another shift after vacation bids are completed, the employee assumes all responsibility for re-scheduling of the bid dates pursuant to the MOU and/or loss of the bid vacation dates.
P-Q-The days of December 24th and25th andThanksgiving Day are considered "Sacred Holidays" and are not eligible for Bid Vacation or Vacation.
QB-In the event an employee bids for vacation on the front end of a sacred holiday, it shall not be considered as a non-continuous block of time if the employee wishes to bid on the back end of the sacred holiday event, i.e. bidding or requesting vacation after the 25th of December.
RS-The City of Folsom and the Folsom Fire Department shall be held harmless for the enforcement or implementation of this Section. Members are specifically precluded from initiating any appeal process (including Article XII, Grievance Procedure) to either the City of Folsom or the Folsom Fire Department for any alleged violations of this Section.
$.I-Employees shall not be allowed to bid more time than they have the ability to accrue in a calendar year in addition to 96 hours of comp time per month.
4. Shift Trades
A. Each employee may be allowed to trade time for shift(s) for which they are able to secure another qualified employee to work in their place; provided that the substitution does not impose any fiscal impact to the City. Substitutions are to be made with the approval of the department. The Fire Chief or his/her designee retains the right to refuse the shift trade. The substitutions will be applied for in advance. The employee requesting the trade is responsible to fill the vacancy and for any financial consequences. The City shall not be held responsible for Page29
09/27/2022 Item No.7.
C.
D.
B.
E.
affangements between employees.
Shift Trades not working must be lZ21lhours or greater at the end of the assigned shi+1gfLAlien (20990800-0800), or at the beginning of the assigned shift-rcIatia! Shift trades of 24-hours will a hire
for the 4-davs after or before the trade not working dependent on which end of the rotation it falls.
l2 heurs er mere attaehed to the feur days te be in6ligible fer a mandatery hire te+*ese+eu*ay*.
An employee on a shift trade will remain eligible for a mandatory overtime pursuant to Article V, Section 4, Emergency Callback.
In the event an employee creates an approved shift trade agreement with another qualified employee and that employee is unable to report to work for the shift, he/she shall either:
Notifu the original employee so they can secure another qualified employee to work the shift, or
The trade individual must find another qualified individual to work the shift, or
The original employee must report to work, or
In the event the original employee is unable to report to work, the Department will deduct the appropriate number of annual leave hours. If the Department must hire a replacement on overtime for the vacancy created, annual leave will be deducted from the eriginal using the provisions
governing force hire compensation, Article V, Section 5 Mandatory Hires when applicable.
An employee who submits and receives vacation bid dates pursuant to the MOU vacation bid process shall not cancel vacation date(s) and then use a shift trade with another employee to take the same date(s) off from work.
Exceptions:
An employee may cancel their vacation bid date and give it to a co-worker in need of the day off and then take a trade if the co-worker's vacation position will not create a mandatory hiring to hll the vacancy. 1)
2)
3)
4)
1)
09/27/2022 Item No.7.
F
5. Sick Leave
B.
A.
2) If, due to unforeseen use ofannual or sick leave for inju.y or illness leave pu{poses, employee's hours drop below the hours needed for vacation, the employee may cancel the bid vacation and take a trade.
Vacation date(s) that have been approved and filled with overtime cannot be cancelled and replaced by a shift trade, unless, the overtime was frlled with a mandatory hire.
For the pulposes of this Section, immediate family is defined as the employee's parents, grandparents, spouse, son, daughter, brother, or sister and any step or foster relationship mentioned above, or any of these relationships to the employee's spouse. Immediate family shall also include any other person living in the employee's household as a family member.
Subject to Article V, Section 2,leave used for illness or injury (e.g., sick leave) rs apaid leave of absence to be used in the following circumstances:
1) Actual illness or injury of the employee that occurred outside the scope of their employment;
Actual illness or injury of a member of the employee's immediate family, where the employee's attentior/attendance is required. 3) Exposure of the employee to a contagious disease;
4) Medical, dental, or vision care appointments of the employee which cannot be scheduled outside of duty hours;
Medical, dental, or vision appointments of the employee's immediate family which require the presence of the employee.
Pursuant to Government Code section 20965, employees may convert accrued sick leave to service credit for purposes of retirement.
Utilization of leave for illness or injury and requirements the City may impose is as follows:
1) Eligible employees may be granted leave in minimum units of one (1) hour for the purpose of Section 5 of this Article.
The City may require probationary employees to support each use of leave for an illness or injury by requiring an attending physician' s statement.
2)
s)
C.
D,
2)
09/27/2022 Item No.7.
3) The City may require employees who have used three or more consecutive work days of leave for an illness or injury to submit an attending physician' s statement.
Employees shall not use leave for disabilities determined to be job- related and compensable under Worker's Compensation.
4)
s) An eligible employee who becomes ill or injured while on vacation may have such period of illness or injury charged to Sick Leave.
The request to change leave status must be requested to the on duty Di#sien-Chief Officer on the day of the occuffence or upon the employee's return to duty.
The following modifies City Rules and Regulations Section
2.01.110" Sick Leave. Subsection I. Item 2. Where an employee uses leave for the purpose of illness or injury for more than three (3 ) unexeuse+instances,
during any twelve (12)
month period may be considered as one indicator of abuse of leave for injury or illness.
nepartment as te th injury-€r
i+lness,
ing
E. Employees unable to report to duty and requesting leave due to illness or injury, after 2100 hours the day prior shall notiS' the Department pursuant to procedures established by the Department before 0700 hours on the moming of the leave request. Leave shall be approved if the reason meets the criteria specified in Article VIII Section 58, Illness or Iniurv Leave.
te examine the eause and seepe ef exeessive siek leave use, or CFRA
A. Leave shall be sranted for baby bondine time in accordance with CRFA with a 30-day notice given to the Battalion Chief. Baby-bonding leave shall be a minimum of 96-hour blocks with the exception that an emoloyee may apply for 6)
6
09/27/2022 Item No.7.
B
less than 96 hours twtce
FMLA or CFRA leave for medical aopointments will uire aonroval bv the Human Resources Department with valid documentation from the attending physician.
C. FMLA or CFRA leave for long-term care of a familv member with medical needs will require approval by the Human Resources Department.
67. Bereavement Leave
Classified permanent or promotional probationary employees may be granted a maximum of ninety-six (96) hours or four (4) shifts from accrued leave time for each instance to deal with matters related to the funeral, death, or critical illness (where death appears imminent) of any member of the employee's immediate family, including parents, children, siblings, aunt, uncle, brother/sister-in-1aw, or daughter/son-in-law.
Annual leave usage for bereavement leave shall be taken by the employee in twelve (12) hour or greater increments for 56-hour employees and four (4) hour increments for 40 hour employees.
+8. Personal Leave Time
A Any Personal Leave Time (PLT) earned by employees and still remaining on the books may be used by employees for time off on an hour for hour basis until the employee has exhausted the bank. Use of PLT time shall be subject to the following:
l) Use of PLT shall be subject to the operating needs of the Fire Department.
PLT shall have no cash value and may not be cashed out. If an employee terminates employment with the City, any PLT remaining in the bank shall be surrendered with no value to the employee.
9. Emergency Leave
An employee may be approved for the use of annual leave for circumstances that requires the employee's immediate attention and are extraordinary, unforeseen, last minute, and unavoidable situations requiring not more than 24-hours.
When emergency leave is necessary after the start of the shift, the department will, if necessary, operate a 2-person engine company or a 3-person truck company until the vacancy is filled, or for a maximum of @ the 24-hour shift, whichever occurs first.
2)
A.
B
09/27/2022 Item No.7.
When emergency leave is granted that removes an Engineer from an engine or truck company, and the Firefrghter on the company is not on the acting Fire Engineer's list, the Captain on the engine or truck, if previously a Fire Engineer and feels comfortable, may operate the engine or truck.
10. Leave Time Accrual - Non-Pav Status
Notwithstanding Article VII, Section I and2,Non-Shift Personnel and Holiday Pay Differential, and Article VIII, Section 1, Annual Leave employees shall not accrue additional Annual Leave or Holiday Leave while on non-pay status; provided however, that employees on Workers Compensation (ob related injuries) shall continue to accrue leave time until such employees are considered "permanent and stationary" pursuant to Workers Compensation law or expiration of 4850 time, whichever is sooner. +11. Local 522 Catastrophic Time Bank
The purpose of the catastrophic time bank is to enable employees to receive and donate any accrued annual, sick, personal or holiday leave to assist employees who have no leave, and who will suffer a financial hardship due to a prolonged illness or injury to themselves or a member of their immediate family as defined in Article VIII, Leaves, Section 5,A.. The following conditions shall apply:
Catastrophic leave will be available only to employees who have exhausted all of their own paid leave through a bona fide serious illness or injury.
The SAFF Local 522 (Folsom Unit) Catastrophic Time Bank shall be administered by the City.
An employee may be on disability insurance and use the time bank credits in the same manner that sick leave is used to supplement disability insurance benefits.
All donations are to be confidential between the donating employee and the City.
Employees donating to the time bank must have ninety-six hours of available leave credits after making a donation.
Donating employees must sign an avthorization form (prepared by the City), and specify which catastrophic time bank the donation will be applied to, and the employee who is to be a recipient of the donation. Employees relinquish all rights and claims to hours donated.
Unused leave hours will remain in the SAFF Local 522 (Folsom Unit) Catastrophrc Time Bank
Donations shall be subject to applicable tax laws.
C
A.
B.
C.
D.
E.
F
G.
H.
09/27/2022 Item No.7.
Availability, and the use of, catastrophic leave time shall not delay or prevent the City from taking action to medically separate or disability retire an employee.
The City may require a physician's statement, stating that the presence of the employee who is requesting catastrophic leave time to care for an ill or injured immediate family member is necessary.
++I2. Leave Conversion Rates
The City and the SAFF, Local 522 agree to the following terms related to the conversron of leave hours by employees when they are placed in temporary, permanent or modified duty assignments (in excess of the I't full pay period) within the department.
A. Conversion from 56heur56-hour to 4$heur404q1u work week assignments.
Employees temporarily or pennanently assigned to staff positions on a 4$treur40- hour work week schedule shall have all leave usage banks (sick leave, annual leave, holiday-in-lieu, etc.) converted using a division factor of 1.4 for each hour available in the leave bank. As an example, a 56heurl6-!gul eremployee with 100 hours of annual leave would see their annual leave bank adjusted to 71.43 hours with the employee assigned to a 4O:-hour work assignment.
B. Conversion from 40_-hour to S+neur56-noU work week assignments. Employees temporarily or pefinanently assigned to line positions on a 56heur!6-hqgl work week schedule shall have all leave usage banks (sick leave, annual lave, holiday- in-lieu, etc.) converted using a multiplier factor of 1.4 for each hour of available in the leave bank. As an example, a 40&et+r40-bqu eremployee with 71.43 hours of annual leave would see their annual leave bank adjusted to 100 hours.
Leave accrual and usage rates shall be applied at the hourly rate used by the employee during the temporary or permanent assignment.
Leave conversion rates shall be applied to all leave accrual banks provided to the employee by the City (annual leave, holiday-in-lieu, etc.).
Any accrual in excess of the limits shall be paid to the employee in cash at the employee's total hourly compensation rate.
| ++t:. lury outy reave
Employees who have been summoned or subsequently selected to serve on a jury shall receive their regular rate of compensation by the City for normal worked hours and days or shifts during such absence from work, provided the employee endorses to the city that compensation received by the employee for jury duty service.
I.
J
C.
D.
E.
A.
09/27/2022 Item No.7.
B. Employees will be allowed to retain any mileage compensation granted to them by the respective court jurisdiction to which they were summoned or selected for jury duty. Employees summoned to jury duty must provide evidence of such summons and subsequent jury duty days away from work through the Fire Chief or the Human Resources Director. Employees shall be granted leave without loss of compensation and benefits for all time required to meet the jury duty obligation, as follows:
l) Jury Selection. When the employee is required to physically report to the court for jury selection, he/she shall be released from Fire Department duty at 2000 hours when scheduled for work on the evening prior. When available, employees shall use telephonic or electronic methods for determining jury selection.
Serving Jury Duty. When the employee has been selected for jury duty he/she shall be released from Fire Department duty at 2000 hours when scheduled for work on the evening prior to each day of service. 3) Serving Concurrent Days. When the employee is serving on a jury panel for concurrent days he/she shall be released from his/her duty on a 24 hour basis for the specific days in service to the court.
Completion of Jury Duty. When service to the court is completed, the employee shall return to work as normally scheduled.
2)
4)
s) Scheduled Overtime. An employee who has scheduled overtime Fire Department duty shall noti$ the on-duty B+isien-BaUalign Chief of the summons and will be released from the scheduled overtime duty assignment for the entire work period.
ARTICLE IX
INSURANCE
1. Medical Insurance
The City's obligation for health, dental, vision, life and disability insurance coverage is limited to plan contribution. Plan content, including eligibility uiteria, is determined by the respective carriers.
2. Health Insurance
Effective January 1,2012, as demonstrated in the example below, employees shall
A.
09/27/2022 Item No.7.
be included in the same health plan design as the majority of City employees, including copayments. The City's maximum monthly contribution for active employee health insurance coverage shall be adjusted annually to an amount equal to 50% of the increase, if any, above the prior year's Kaiser monthly premium rate combined with the City's prior year contribution amount for employee only, employee plus 1, and employee plus 2 or more (rounded to the next whole number). The employee is responsible for the difference between the applicable premium and the City's contribution.
Example:
Employee only category: The 2010 monthly premium for Kaiser employee only ts $507.39 and the City's maximum monthly contribution is $486.00. If this premium increases by l0% for 2011, or to $558.68, the City's contribution for 20ll for the employee only category would be computed as follows: $558.68 - $507.39 : $50.79, $50.79 x 50Vo: $23.40, $486.00 + $23.40 : $509.40. After rounding to the next whole number, the City's maximum contribution for health insurance for the employee only category would be $509 per month. If the premium increases by l0% for 2012, or to $614.55, the City's contribution for 2012 for the employee only category would be computed as follows: $614.55 - $553.63: $55.87, $55.37 x50Vo:$27.93, $509.00 +$27.93: $536.93. After rounding to the next whole number, the City's maximum contribution for health insurance for the employee only category would be $537 per month.
Employee plus 1 category: The 2010 monthly premium for Kaiser employee plus I is $1,015.78 and the City's maximum monthly contribution is $972.00. If this premium increases by l0% for 2011, or to $1,117.36, the City's contribution for 2011 for the employee plus 1 category would be computed as follows: $1,117.36 - $1,015.78 : $101.58, $101.58 x 50% : $50.79, $972.00 + $50.79. : $1,022.79.
After rounding to the next whole number, the City's maximum contribution for health insurance for the employee plus 1 category would be $1,023 per month. If the premium increases by I0% for 2012, or to $I,229.10, the City's contribution for 2012 for the employee plus 1 category would be computed as follows:
$1,229.10 - $1,117.36: $111.74, $111.74 x50Vo: $55.87, $1,023.00 + $55.87. : $1,078.87. After rounding to the next whole number, the City's maximum contribution for health insurance for the employee plus 1 category would be $1,079 per month.
Employee plus 2 or more category: The 2010 monthly premium for Kaiser employee plus 2 or more is $1,320.52 andthe City's maximum monthly contribution is $1,263.00. If this premium increases by l0% for 2011, or to $1,452.57, the City's contribution for 2011 for the employee plus 2 or more category would be computed as follows: $1,452.57 - $1,320.00 : $132.57, $132.57 x 50Yo : $66.29, $1,263 + $66.29 : 5t,329.29. After rounding to the next whole number, the City's maximum contribution for health insurance for the
09/27/2022 Item No.7.
B.
employee plus 2 or more category would be $1,329 per month. If the premium increases by l0% for 2012, or to $1,597.83 , the City's contributionfor 2012 for the employee plus 2 or more category would be computed as follows: $1,597.83 - $1,452.57 : $145.26, $145.26 x 50%o: $72.63, $ 1,329 + $72.63: $1,401.63.
After rounding to the next whole number, the City's maximum contribution for health insurance for the employee plus 2 or more category would be $1,402 per month.
Employees who select a health plan with higher monthly premiums than the maximum monthly premium paid by the City in Section (A) above shall pay the difference through payroll deduction. Should employees select a health plan with lower monthly premiums than the maximum monthly premium paid the City, the City's contribution shall be limited to the cost of the monthly premium.
Notwithstanding Section2,ItemA, the City's maximum monthly contribution for active employee health insurance coverage shall not be reduced below eighty percent (80%) of the Kaiser premium cost for the employee only category, employee plus I category, or employee plus 2 or more category.
The City will maintain an IRS 125 Medical Reimbursement Account. Employees may participate in the account pursuant to administrative procedures established by the City.
Effective December 3I,2019, employees who retire from City service must have at least 120 months of continuous service as a City employee to qualiff for dental and vision insurance benefits provided to active employees. The City shall contribute 5o/o of the premium per year of City service, up to an 80% City contribution.
Health Plans
The City agrees to offer two High Deductible Health Benefit Plans offered by the health benefit plan carriers.
The City agrees to make available a Health Savings Account (HSA) to employees who select either of the High Deductible Health Benefit Plans.
Fifty percent (50%) of the difference between the City's monthly contribution towards the cost of the Kaiser HMO Health plan premiums as set forth in Article IX, Section 2 of the MOU and the monthly cost of the premium for a High Deductible Health Plan shall be contributed into the employee's HSA. The City shall make this contribution through the termination date of this MOU, after which this Section C shall sunset.
Employees who decline to participate in City health insurance coverage shall
C
D
E.
3. Hish
A.
B.
C.
D
09/27/2022 Item No.7.
4 receive a cash back payment from the City of $300.00 per month for each month the employee does not participate in City health insurance coverage.
E. Tax status of contributions, contribution amounts, and use of HSA funds shall be in accordance with federal and state law.
Out of State-Area ealth Premium Plan
OS+{PPAAHBL shall work in conjunction with the Health Retirement Account (HRA) provided by the City to active employees. Each gS+++pOz\HPf retiree will obtain a participant account.
onlyretireeswho(a)liveoutsideof@,(b)qualifffor
Retiree health Coverage pursuant to Article IX, Section 9 and (c) agree to disenroll from the current group medical benefit plan for retiree health coverage may participate in OS++PPAAHPP.
Once a retiree opts to participate in OS*{PPO;\H!!, the retiree shall thereafter be prohibited from retuming to retiree health coverage.
The City will contribute to the retiree's participant account on a monthly basis in an amount equal to the amount of the City's contribution for employee only or employee plus 1 coverage, based on the retiree's marital status at the time of OSI+PPAAIIPL election. Spouses may not be added later. The City's contribution would be used for premiums to obtain health coverage. Under no circumstances shall the contribution be higher than the City paid premiums for similarly situated in-state-arca employees. The retiree shall be responsible for administrative costs established by the HRA plan administrator.
E. Upon the death of, or martial dissolution from, the retiree's spouse on record at the time of election to participate in the OS++PPAAH!!, the funding level will be adjusted to employee only. Subsequent spouse(s) from any subsequent marriage(s) (i.e. post initial OS++PPAAHPL election) shall not be eligible to participate and funding will remain at employee only. In the event of the retiree's death, surviving spousal benefits will conform to City practices applicable to employees participating in City plans. Should the retiree obtain coverage from another source (e.g. coverage by spouse), the funding will cease and will not be reinstated.
Rules and procedures governing OSHPPO:\HEL shall be determined and administered by the City Human Resources Department. Disputes regarding the OS++PPAAHPL shall be appealed to the City Manager or designee and shall not be subject to arbitration.
G. As an option to the OSHPPAAHPP, retirees who qualifu for retiree health
A.
B
C
D
F
09/27/2022 Item No.7.
coverage pursuant to Article IX, Section 12, may elect the Aetna PPO plan during annual enrollment and prior to moving out of state. The retiree must then keep Aetna as their provider until such time as they move back into the regions covered by whoever are the City health providers at the time, and may elect another provider during the next open enrollment. It is understood by both parties that this option is available only in accordance with the rules and procedures of Aetna and only as long as Aetna chooses to be a provider for the City.
5. Dental Insurance
Dental insurance will be provided by Delta Dental Services, Inc. The City will contribute 100% of the monthly premium for an employee, employee and dependent or an employee plus family as set forth in the plan document. The Delta Dental Prefened Provider Program shall provide coverage maximum of $ 1,750 per year for employees/dependents who patronize Preferred Provider Program participating dentists. Employees/dependents that choose non-participating dentists shall have a coverage maximum of $1,500 per year.
Otherwise, the City's obligation for dental insurance coverage is limited to dental plan contributions. Delta Dental Services, Inc. shall determine dental plan content.
6. Vision Care
The City will contract with Vision Services Plan (VSP) to provide vision care. The City will contribute 100% of the monthly premium for an employee, employee and dependent, or employee and family as set forth in the plan document. The following elements shall provide the basis of VSP coverage:
1) One eye exam every 12 months;
2) One set of lenses every 12 months;
3) $100 allowance/whole sale basis for frames; and
4) A co-pay of $5.00 per visit.
Except for the items listed above, the City's obligation for Vision insurance coverage is limited to plan contributions. VSP shall determine Vision insurance plan content.
7. Health Benefits Labor-Management Committee
The parties agree to participate in a joint Health Benefits Labor-Management Committee to review existing health benefit programs, including, but not limited to, cost containment, direct contracting for health benefit plans, and creation of a health benefits cafeteria plan. The Health Benefits-Labor Management Committee shall be open to all employee organizations representing City of Folsom employees. The SAFF, Local522 may select up to two City employees to participate in Committee meetings. Employees who participate in Committee meetings shall do so without loss of compensation.
8. Life Insurance
09/27/2022 Item No.7.
The City agrees to continue to pay the premium for $40,000 life insurance coverage and $40,000 accidental death and dismemberment coverage for employees in the bargaining unit for the term of this Agreement.
Eligible dependents shall receive $1,000 life insurance coverage.
9. Short Term tv Insurance
The City agrees to provide a Short Term Disability Insurance Program, with the City paying I00% of the premium rate for the weekly indemnity insurance program (short- term disability) of up to 60Yo of the salary of the plan maximum for up to sixty (60) calendar days. The waiting period for initiation of benefits shall be twelve (12) calendar days. Otherwise, the City's obligation to provide Short Term Disability insurance coverage is limited to plan contributions. The Short Term Disability insurance carrier shall determine plan content. The City will meet with Local 522uponrequest.
10. Lone Term DisabiliW Insurance
The City and the SAFF, Local 522 agree that the SAFF, Local 522 will provide a Union sponsored plan covering long-term disability for non-work related injury and illness.
The cost of the premium will be a post-tax deduction from the employee's semi-monthly paycheck.
The Long Term Disability insurance carrier shall determine plan content
11. FML{CFRALeave Status
Health insurance coverage is limited to the City's obligation as set forth in Federal and State law in relation to FMLA or CFRA. An employee on either FMLA or CFRA leave status will have continued health insurance as found in this Article during the leave period. The employee is responsible for applicable premium co-payments as required.
Upon exhaustion of FMLA or CFRA, the City will provide the employee with a notice advising of COBRA rights to which the employee may be entitled. Notwithstanding whether the employee is or is not supplementing disability insurance to maximize income, the employee shall cease leave accruals and be solely responsible for health insurance coverage.
Retiree Health InsuranceT2
09/27/2022 Item No.7.
A. Existing employees who retirel from City service on July 1,2007 or later may participate in the health insurance plans made available by the City for active employees. The amount of the City's monthly contribution shall be determined as set forth below. Any costs that exceed the maximum paid by the City towards retiree health insurance costs shall be borne by the retiree. 1) Employees who retire with less than 5 years of seruice2 shall not be eligible to receive any City contribution toward the cost of retiree health insurance.
2) Employees who retire with more than 5 years of service shall qualifu for a monthly City retiree health insurance contribution.
a. Subject to the maximum set forth in l0b below, the City retiree health insurance contribution shall be as follows:
i. Retiree only - an amount equal the City's contribution towards active employee health insurance3 for the category of "employee only."
ii. Retiree and one dependent - an amount equal to the City's contribution towards active employee health insurance for the category of "employee plus one."
iii. Retiree and two or more dependents - an amount equal to the City's contribution towards active employee health
insurance for the category of "employee plus two or more" until the retiree reaches age 55. Thereafter, the City's contribution towards a retiree with two or more dependents shall be an amount equal to the City's contribution toward active employee health insurance for the category of
"employee plus one plus $100".
Effective January 1,2012, the City's monthly contribution toward the cost of retiree health insurance shall not exceed the maximum monthly contribution paid by the City to active employee health insurance for the categories of employee only (for retiree only), 1 "Existing employees" are exclusively permanent and/or probationary employees of the City of Folsom on the date this Addendum is approved by the Folsom City Council. "Retire" or "retiree" is defined as any classified City employee who (1) applies for retirement with the Public Employees' Retirement System (PERS) within ninety (90) days after terminating employment with the City; and (2) receives a PERS retirement benefit. 2 "Service" is defined as full time (or equivalent) continuous permanent and/or probationary employment status with the City of Folsom.
3 "Active employee health insurance" shall be defined as the health benefits contribution formula in effect for active employees as of July 1,2011.
b.
09/27/2022 Item No.7.
employee plus one (for retiree plus one dependent), and employee plus two or more until age 55 and employee plus one plus $100 after age 55(for retiree plus two or more dependents).
The January 1,2012 cap for each category shall be adjusted each January thereafter by an amount not the exceed3%o, depending on the percent increase in the Consumer Price Index (CPI), U.S. Department of Labor, for November -
November of the previous year, Index CPI-W, Urban Wage
Earners and Clerical Workers, Series #CWUR0400SA0,
United States. (Example, if the cost of living for the
specified period increases by 2Yo, the cap shall be increased by 2%. If the cost of living for the specified period increases by 4%o, the cap shall be increased by 3% (cost of living increases in the cap shall be rounded to the nearest tenth.) c. Pursuant to applicable law, and prior to January 7,2017 , if administratively possible the City shall establish a tax exempt retiree health plan for all employees in the Fire Bargaining Unit. The purpose of the plan is to provide a mechanism whereby employees may voluntarily contribute toward future costs of retiree health insurance premiums and related expenses. The governing plan shall be agreed to by SAFF 522 and the City.
The City shall contribute $25 per pay period into a retiree health reimbursement account (RHRA) for each probationary/permanent employee hired after May 8, 2007.
The parties acknowledge that unit members who retire from City service prior to July 1, 2007, shall, subject to future negotiations and agreements, receive health benefits as set forth in the 2006- 2008 Memorandum of Understanding (Article IX, Insurance. paragraph 2(A) between the City and Sacramento Area Firefighters, Local 522,IAFF Folsom Unit.
13. Retiree Health Benefits Reopener
A The City agrees to conduct a bi-annual actuarial study of the cost of health benefit programs for employees who retire from City employment. The first actuarial study shall be conducted not later than July 1, 2007.
A copy of the completed actuarial study shall be sent to each employee organization that represents City employees. Upon request of either the City or SAFF, Local 522,the parties agree to reopen the MOU and meet and confer in good faith on MOU provisions covering health, dental, andlor vision insurance d.
e.
B
09/27/2022 Item No.7.
C.
1. Uniform Allowance
A.
programs for active employees andlor active employees who retire from City employment.
If the City and an employee organization other than SAFF, Local 522 reopenthat employee organization's MOU on the MOU provisions referenced in 1lB above, the City will immediately notifr SAFF, Local 522 and offer to meet and confer.
ARTICLE X
ALLOWANCES AND REIMBURSEMENTS
Effective the first full pav period starting July 2023. Tlhe City agrees to pay employees the sum of one thousand dollars
(+S75$o$];]jA.0O per year for the purchase of approved on duty uniforms and attire. All uniforms purchased shall comply with the most current regulations and specifications as identified in the Standard Operating Procedures (SOP). 1) Payment of the annual uniform allowance shall be made on or about July
20. Employees with less than six (6) months service by July 1 of a given year shall not be granted a uniform allowance.
2) On initial employment, the City agrees to purchase new employees all uniform components noted below:
f_ene-Twq (42) class B shirts - Workrite, navy blue Nomex@ (short sleeve)
o One (1) class B long sleeve shirt - Workrite, nar,y blue Nomex@ o One (1) tie and tie clip
:_Fsur-_[!qgq (43) class B pants - Workrite, nave blue Nomex@ o One (1) pair O.S.H.A. approved safety boots, 8" high lace type, zipper optional, with toe protection and sole penetration protection. o One (1) class B jacket - 51 1 Chameleon brand dark navy jacket with name tape
o--One (1) belt-black, basket weave, I t/o' width, chrome buckle, open .
rto, chambers style
o--+eu*Six (4$) class C tee shirts - 100% cotton, navy blue, crew neck o--€ne-Twq (*2_) pair shorts -100% cotton, navy blue
o One fl)baseball cap
a
09/27/2022 Item No.7.
2. Uniforms - Class A
The City will continue to provide a Class "A" uniform for all full-time personnel after their probation period has ended. This will include one (l) dress jacket, one (1) dress pant, one (l) tie, one long sleeve white shirt, one (1) dress shoes, and one (1) uniform cap as identified in the most current Fire Department Standard Operating Procedures.
3. MileageReimbursement
Employees shall be reimbursed for the use of their personal vehicle, at the IRS approved rate, for all miles driven at the direction of the City.
4. Tuition/Books Reimbursement
Employees who attend job related classes/training programs that are approved by the department shall be entitled to reimbursement of costs for books tuition, and lodging (pursuant to the City's lodging reimbursement schedule) and tuition up to nine dollars ($e0O+O15q0.04) per fiscal year. The Fire
Chief may authorize additional employee reimbursement costs above this limit, when requested by the employee, should said request not exceed the budgeted amount of the department for this program.
Approval shall be given by the department Training Officer prior to the beginning of the class/training program. The City shall implement a procedure that allows for payment of an authorized class up front when requested by the employee.
An employee may repeat a job-related course to maintain or upgrade his/her knowledge, skills and abilities.
Attendance in job related classes/training programs will be non-mandatory and will not include overtime payment or reimbursement for costs of transportation, meals, or other incidental expenditures, unless otherwise specified prior to the course and approved by the department.
Employeeswhofailtoattendorsatisfactorilycomp1eteaj@
class/training program shall reimburse the department for all costs incurred by the City.
The City shall deduct the total amount of monies spent by the department from the employee's pay-check over the next four (4) pay periods.
A. Elieibility
When an employee attends arccognized college or university for job related training, such institutions of higher learning shall be accredited by one or more of the United States regional accrediting bodies.
09/27/2022 Item No.7.
5. Compensation for Training
Training for programs authorized or required by the City shall be financed by the City except as otherwise specified by the City Manager or department head prior to the participation in such training. Such compensation is separate and distinct from the compensation offered for the position and classification involved in training. Subject to approval by the department head or City Manager, employees may be authorized to attend training programs during regular working hours. When the needs of the City service so require, the department head may direct any employee to attend a meeting or conference as part of the vocational training required for the position. In such case, attendance may be mandatory and reasonable compensation for meals, lodging, travel and associated expenses shall be allowed. Travel to and from such training shall be provided by the City or atCity expense, however, no overtime will be paid for the time required to travel to and from such meetings, nor the conference or training attendance hours beyond normal working hours.
6. Replacement of Damaged Personal Propertv
When an employee damages his/her personal property during the normal performance of his/her duties, the employee may submit a claim for reimbursement with the City. The City shall investigate such claims and may reimburse the employee for all or part of the damaged personal property. The City shall respond to the employee within thirty (30) days after submission of the claim. The final decision to reimburse an employee for damaged personal property shall rest with the City.
Leather structure helmets and leather structure boots approved for use by the City of Folsom Fire Department and purchased by members of the bargaining unit will not be covered by this provision.
7. SCBA Optics Reimbursement
Optical wear (lenses) suitable for insertion into SCBA mask are reimbursable by the City Employees should use the claim reimbursement form and submit it within thirty (30) days using the chain of command.
ARTICLE XI
EMPLOYEE DISCPLINE
Employee Discipline
A. Policy:
1
09/27/2022 Item No.7.
It is the policy of the City that discipline of City employees is imposed on an appropriate and consistent basis. When an employee engages in misconduct or when job performance is unsatisfactory in the judgment of the City, disciplinary action may be initiated. This article modifies disciplinary procedures identified in City Personnel Rules and shall be in accordance with California Government Code Sections 3250 through 3262, Firefighters Procedural Bill of Rights Act (FBoR).
B. Definition
As used herein, "disciplinary action" means written reprimand, suspension without pay, reduction in salary, demotion, dismissal or transfer for purposes of punishment.
As used herein, "corrective action" means counseling memorandum, letter of instruction or similar action shall not be considered disciplinary action.
C Persons Authorized to Initiate Disciplinary Action:
Discipline may be initiated by those authorized in the City Personnel Rules.
Employment Status and Application of Appeal Procedure:
1) Permanent Status: This article shall only apply to employees with permanent status with the City.
2) Probationary Status: An employee in probationary status shall have no right to grieve, arbitrate or appeal release from probationary appointment. 3) Temporary Employee: An employee in a temporary position shall have no right to grieve, arbitrate or appeal release from temporary appointment.
Temporary Upgrade (Out of Class): An employee in a temporary upgrade status shall have no right to grieve, arbitrate or appeal release from temporary upgrade status.
D
4)
E. Cause for Disciplinary Action:
Discipline shall be for cause. Examples of conduct or performance deficiencies that may warrant discipline include, but are not limited to (more examples can be found in the City Personnel Rules):
Misstatement of facts during the hiring process
Falsification of an entry on a City document (e.g., time card, 1)
a.
b.
09/27/2022 Item No.7.
c.
d.
e.
f.
(tb.
h.
i.
expense report)
Disclosure of confi dential information
Insubordination or willful disobedience
Incompetence, inefficiency or unsatisfactory j ob performance Discriminatory, discourteous, or unbecoming behavior
Theft, misuse or unauthorized use or possession of City property Dishonesty
Misconduct, i.e., any behavior that brings harm or discredit to the City
Being under the influence of illegal drugs, alcohol, or possessing illegal drugs while on City property or on official business. This subsection shall not apply to an off duty individual engaged in otherwise legal activities at a City facility (park, walkway, or similar City owned facility)
Conviction of a felony or misdemeanor that involves moral turpitude, or any other conviction or pleas of nolo contendere (no contest) or diversion for such offense, which adversely affects, or brings discredit to, the City
Excessive absence or tardiness
Absence without approved leave
Violation of a City rule, policy, or procedure
Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract by the City; participating in any outside employment that adversely affects the employee's City work performance; and engaging in unauthorized outside employment Loss or failure to maintain any license, certification, and/or clearance which is required as a minimum qualification or condition of employment for the employee's position.
J
k.
m.
n.
o.
p
F. Investigation and Interrogation Rights
Firefighters, Engineers. or Captains under investigation or subject to interrogation shall be afforded the following rights:
Interrogation must occur at a reasonable hour on duty and if conducted off-duty, the must be compensated
for that time in accordance with adopted City policy and cannot be punished for missing work due to the interrogation;
1)
09/27/2022 Item No.7.
2) Prior notification of name, rank and command of the person in charge of the intenogation and the nature of the investigation must be given; 3) Interrogation must be for a reasonable time period with reasonable breaks to attend to any physical needs and must be void of offensive language or threats of punitive action or promise of reward in exchange for information;
4) Statements made under duress, coercion, or threat of punitive action are prohibited from being admissible in a subsequent judicial proceeding, subject to certain exceptions under Government Code Section 3253(f); Interrogations may be recorded and the firefighter or EMT-P must be provided access to the recording, if any further proceedings are contemplated or prior to any further interrogation at a subsequent time.
The @is entitled to a transcribed copy of the notes
made by a stenographer or any reports or complaints made, except those required by law to be kept confidential. Confidential notes cannot be entered into the firefighter's personnel file;
6) shall be informed of his/her
constitutional rights if it becomes apparent that he/she may be charged with a criminal offense:
Upon the filing of a formal written statement or charges, or whenever an interrogation focuses on matters that may result in punitive action against any firefighterq4pleygg, that as the right, at
his or her request, to have a representative ofhis or her choice present during the interrogation at all times, except that the representative shall not be a person subject to the same investigation.
G. Corrective Action:
1) If the City decides to administer corrective action, all Letters of Instruction shall include a Behavior Modification Plan with actions and timelines designed to assist the employee in meeting the intent of the City's Rules and Regulations, Fire Department Policies and Procedures, as well as the provisions contained within this MOU.
2) Any action described in this subsection shall not be placed in the City's employee's personnel file.
3) A corrective action may not be appealed beyond the Fire Chief, s)
7)
09/27/2022 Item No.7.
H. Preliminary Notice of Disciplinary Action:
1) If the City decides to impose discipline, the Fire Department employee shall be notified in writing the decision to impose discipline within thirty (30) calendar days ofits decision, but not less than forty-eight (48) hours prior to imposing the discipline.
2) A copy of the preliminary notice of disciplinary action shall be served upon the-empleyeethe employee either personally, or by first class mail and certified mail, return receipt requested, to the last known address of the employee. The last known address shall be deemed to be the address that is within the employee's official personnel file. If notice is provided by mail, the employee should be deemed to have received notice fifteen (15) calendar days after the date of mailing.
3) The Preliminary Notice shall include:
a. A statement of the nature of the disciplinary action; b. The effective date of the disciplinary action;
A statement of the reasons for the disciplinary action citing the item(s) under Section E of this Article, department orders, or the Personnel Rules, which have been violated;
d. Any supporting material or documentation;
A statement advising the employee of the right to appeal the action, the manner and time of which the appeal must be made, and the required content of the appeal; and
The name and address of the person to whom all written
communication regarding this appeal shall be sent.
I. Skelly Meeting:
1) An employee who is subject to disciplinary action shall have the right, within fifteen (15) calendar days after receiving a Proposed Notice of Disciplinary Action to request a Skelly Meeting by filing a written request for a meeting signed by the employee or the employee's representative with the employee's consent with the City Human Resources Director.
Failure to respond or inaction within the specified time will result in the waiver of the right to a Skelly meeting and the proposed discipline becoming final.
c
f.
2)
09/27/2022 Item No.7.
Upon a written request for a Skelly meeting, the City shall appoint a "Skelly Officer". The Skelly Officer will meet with the employee, listen to arguments and receive documents presented by the employee. Within a reasonable time and in writing, the Skelly Officer shall respond to the employee and the employee's representative, if applicable. The Skelly Officer may dismiss, modifu, or sustain the proposed discipline.
If the proposed discipline is sustained or modified by the Skelly Officer, the disciplinary action shall be implemented. A Final Notice Disciplinary Action shall be served in the same manner as the Preliminary Notice of Disciplinary Action.
J. Arbitration Hearing Process:
r) Within fifteen (15) calendar days after receipt of the Final Notice of Disciplinary Action, disciplinary actions may be appealed to arbitration.
Notice of the appeal must be filed with the Human Resources Director. If the employee fails to file a notice of appeal within this time period, the disciplinary action shall become final and there shall be no further appeal.
Appeals of disciplinary actions to arbitration shall be pursuant to Government Code Secti on 3254.5.
3) An appeal of a disciplinary action is a complaint of a permanent employee of whether there was cause for the disciplinary action taken against the employee.
4) The parties to the discipline hearing and to the selection of the arbitrator shall be the employee, who may be represented by the SAFF Local522, self-represented, or independent counsel, and the City.
The employee shall be entitled to appear personally atthe hearing and produce evidence.
The fees and expenses of the arbitrator, a court reporter and transcript if required by the arbitrator, shall be shared equally by the parties. For employees not represented by SAFF Local 522,the City shall pay the full cost of the arbitrator and a court reporter and transcript if required by the arbitrator.
The decision of the arbitrator shall be final and binding on the parties. No appeal or review of the arbitrator's decision by Writ or other mechanism before any court, administrative tribunal or any other forum on any legal theory or basis shall be possible.
3)
4)
2)
s)
6)
7)
09/27/2022 Item No.7.
2. Performance Evaluations
Performance evaluations which result in the denial of an employee's step increase may be grieved up to and including binding arbitration in accordance with Article XII, Grievance Procedure.
B The City agrees to meet with the SAFF, Local 522 in order to review and propose changes to existing employee evaluation system.
3. Personnel Files
The City and the SAFF, Local 522 agree that there is only one offtcial personnel file for each employee. The employee's official personnel file is private and confidential, subject only to review by the employee, the employee's representative with written authorization, or authorized City representatives.
The City shall allow every employee the opportunity to review their personnel file at any reasonable time upon request, and to obtain a copy of any needed document in the file.
The official personnel file shall remain under the control of the City and shall be the only personnel file admissible as evidence in any disciplinary matter. There shall be no documents placed in the official personnel hle without the employee's knowledge. If, upon examination of the personnel file, the employee discovers any documents placed there without the employee's knowledge, the City shall, upon written request of the employee, investigate the allegation and remove any such document placed there in violation of this Section.
The City and the SAFF, Local 522 rccognizethe Department's use of a "rotating employee file" (REF) for the preceding twelve (12) months, for the purposes of employee performance evaluations, and that the file may be included with the City's official personnel file and incorporated into the employee performance review process andlor other related employee matters.
4. Pureine Personnel Files
Counseling memorandums are not disciplinary and shall not be placed in the employee's personnel file. Employees shall be offered the opportunity to sign and be provided with a copy of any disciplinary written material before it is placed in the employee's personnel file. The employee shall be given an opportunity during regularly scheduled working hours to prepare a written response to such materials. The written response must be submitted within fifteen (15) days of the notice to place the disciplinary documents in the personnel file.
If the employee was not allowed the opportunity to sign the documents prior to placement within the personnel file, the employee shall have the right at any time to attach a written A
09/27/2022 Item No.7.
response to the material. Any person who places any written material in an employee's file shall sign and date the material, signifuing when it was placed in the employee's file and by whom.
Disciplinary actions shall be purged (at the request of the employee) from the employee's personnel file following the schedule below in accordance with the City's records retention policy:
Written reprimands: Eighteen (18) months
Other disciplinary actions (i.e., suspensions, reductions in pay, and demotions: Five (5) years
ARTICLE XII
GRIEVANCE PROCEDURE
1. Grievance Prosedure
Definition. The term "Grievance" as used in this Agreement is limited to a complaint or request of an employee, group of employees, or the SAFF, Local 522 which involves the interpretation or application of, or compliance with the provisions of this Agreement, City Rules or Regulations, or directives of the Fire Department including, but not limited to, the imposition of discipline.
B Time Limits. Grievances not presented within the time limits established for each step of this procedure shall not be considered. Should the City fail to answer within the established time limits, the grievance may be processed to the next level and the failure to answer shall be given the appropriate weight by the arbitrator.
When days are used in this article for the purpose of establishing time limits, those limits will be presumed to have been met when the appropriate forms are either personally delivered to the affected party or deposited in the U.S. mail, as evidenced by the appropriate postmark.
Time limits may be waived by mutual agreement between the parties. As referred to in this article, all "days" are "calendar days."
Presentation. An employee and/or a SAFF, Local 522 representative may present a grievance while on duty, provided such presentations and discussions do not disrupt City operations and are kept to a reasonable minimum.
D. Procedure. All grievances as defined herein shall be processed in accordance
A.
C
09/27/2022 Item No.7.
with this procedure. All grievances, beginning at Step 2 shall be filed on forms provided by the City for that purpose. The SAFF, Local 522 may refuse to represent a grievant and the City may refuse to consider a grievance in those circumstances where the aggrieved party has not followed this procedure. 1) STEP 1. Within fifteen (15) days of the act(s) andlor omission(s) giving rise to the grievance or within fifteen (15) days of the time the employee of the SAFF, Local 522 should reasonably have been aware of said act(s) andlor omission(s), the grievance shall be discussed informally with the person or persons most directly responsible for the circumstances which gave rise to the grievance. If the grievance is not resolved within fifteen (15) days of the date on which it is first presented at Step 1, the grievant may proceed to Step 2.
2) STEP 2. Within fifteen (15) days of receipt of the Step 1 answer, or if no answer is given, within thirty (30) days of the Step 1 meeting, the grievant, if still dissatisfied, shall file with the Fire Chief, a formal written grievance. Within fifteen (15) days of the receipt of the formal grievance the Fire Chief or designee shall meet with the grievant to discuss the matter. The Fire Chief or designee shall respond to the grievant, in writing, within fifteen (15) days of the Step 2 meeting. The Step 2 response shall include the position of the Fire Department and the reasons therefore, as related to the grievance.
3) STEP 3. Within fifteen (15) days of the Step 2 response or, if no Step 2 response is received, within thirty (30) days of the Step 2 meeting, the grievance may be presented in writing to the City's Employee Relations Officer. The Employee Relations Ofhcer shall conduct such investigation as is deemed appropriate and shall issue a written determination within thirty (30) days of the date on which the grievance is first presented at Step 3. If the Employee Relations Officer fails to issue a written determination within the prescribed period of time or if the determination is not satisfactory to the grievant, the grievant may request that the matter be submitted to binding arbitration. Matters of grievance which are not disciplinary in nature shall only be submitted to Step 4 by the SAFF, Local 522.Employees may, if they so desire, individually submit matters of discipline to arbitration subject to the employee paying one half the costs as defined in Step 4.
4) STEP 4. A request for binding arbitration shall be made in writing to the Employee Relations Offrcer within fifteen (15) days of the date which the grievant received a copy of the written determination of Step 3, or in the event that no Step 3 answer is received, within forty-five (45) days of the date of the Step 3 meeting.
09/27/2022 Item No.7.
An arbitrator may be selected by mutual agreement between the parties. However, should the parties fail to voluntarily agree upon an arbitrator, the parties shall make a joint request to the American Arbitration Association or the Mediation and Conciliation Service of the State of California. The parties shall request a list of five (5) qualified arbitrators. Each party shall altemately strike one name from the list and the last remaining name shall serve as arbitrator. The first party to strike a name shall be determined by the toss of a coin.
The arbitrator's decision shall be final and binding on the City, SAFF,Local522, and the grievant. The arbitrator shall have no authority to add to or delete from the terms of this Agreement, City rules or regulations, or directives of the Fire Department. All fees and costs of the arbitrator and court reporter, if any, shall be borne equally by the parties. In matters of discipline which have not been submitted to arbitration by the SAFF, Local 522, all costs will be split between the parties to the arbitration and shall not include the SAFF, Local522.
ARTICLE XIII
MISCELLANEOUS
1. Fitness for Duty
The City may require an employee to submit to a medical examination by a physician, designated by the City, to evaluate the capacity of the employee to perform the work of the employee's position. The decision to require an employee to submit to such medical examination shall be based upon reasonable cause to believe, by the employee's department head, or designee, that the employee is unable to perform'the work of the employee's position. The examination cost shall be paid by the City.
The physician shall make a written report to the City and the employee. Information provided by the City's physician shall be kept confidential by the City and shall contain no medical report except to note whether the employee is fit to work. After consideration of the report and other pertinent information, if the City concludes that the employee is unable to perform the work of their present position, the City may demote or transfer an employee to an appropriate position, including one of less than full time. If it is concluded that the employee is unable to perform the duties of his/her position and the employee cannot be demoted or transferred to another position, the employee's employment may be terminated. An employee who is terminated because of medical inability to perform the duties of their position shall be placed on paid administrative leave until the date of separation.
An employee evaluated pursuant to this section, who is in disagreement with the findings of the City's physician may elect, at the employee's cost, to have an examination by a physician of the employee's choosing. If the employee's physician finds the employee fit
09/27/2022 Item No.7.
to perform their job duties the employee shall have the right to submit the matter to binding arbitration in accordance with Article XII, Grievance Procedure, of this Agreement.
This section shall not supersede any rights andlor remedies the parties may have pursuant to the California Workers Compensation system and Labor Code.
2. Fitness Evaluation (Wellness)
The City and the SAFF, Local 522 agree to work cooperatively during the term of this MOU to implement and maintain a long-term Wellness-Fitness Program for all uniformed personnel. The Wellness-Fitness Program shall be generally consistent with the guidelines recommended by the third edition of the Fire Service Joint Labor- Management Wellness-Fitness Initiative, and as approved by the Fire Chief.
The City and the SAFF, Local 522 agree to support a comprehensive, mandatory annual medical examination for all uniformed employees represented by the SAFF, Local522, as a component of the Wellness-Fitness Program. The medical examination shall be generally consistent with the guidelines recommended by the third edition of the Fire Service Joint Labor-Management Wellness-Fitness Initiative, and as approved by the Fire Chief.
All members may participate in the annual personal fitness evaluations. After the annual personal fitness evaluations, any member that
s+and€#king-o+successfully completes the Folsom Fire Physical Ability Test (entry level combat challenge) in 4 minutes er lessthe time from the table below, shall receive a one-time payment of $750 per calendar year as a fitness incentive. Program, testing procedures and grading will be established by the City with no appeal.
Age Range Time Limit
30 yrs. and Under 2 minutes and 45 seconds (2:45)
31 yrs. - 40 yrs. 3 mitules and 15 seconds (3:15)
41 yrs, - 50 yrs. 3 minutes and 45 seconds (3:45)
Over 50 yrs. 4rrq1lutqs aud 15 seconds (4:15)
3. Modified Duty Assignments
The City and the SAFF, Local 522 agree to jointly develop and implement a modified duty assignment program for the department. The intent of this program is to develop policies and procedures to be used by the department that would identifu the appropriate temporary assignment for employees who are injured or ill that limit their ability to serve in their normal assignment. Changes shall be subject to Article I, Section 4, Meeting and Conferring During the Term of the MOU, of this MOU.
09/27/2022 Item No.7.
4. Fire Job Classification
B.
D
5. Promotional Test Scheduling
The eligibility list generated from a promotional examination will have a two-year life unless it is reduced to three or fewer eligible candidates; at which time the City may give an examination and create a new list, or the Fire Chief shall have the option of promoting from the list. At the end of the two years, a new examination shall be required, and the current list shall expire. If a new list is not generated prior to the expiration, the Fire Chief may extend the list by no more than six (6) months until a new examination is administered.
Temporary appointments and short-term vacancy assignments (acting time) may be made from the current eligibility list, or most-recent A. The City recognizes that the SAFF, Local 522has avital interest in the content of the fire job specifications, including minimum qualifications and promotional patterns, for classifications represented by the SAFF, Local522.
The City and the SAFF, Local 522 agree that changes to job specifications, minimum qualifications, promotional testing processes, scheduling and similar areas of concern related to classifications represented by the SAFF, Local 522 shall be subject to meet and confer and that all changes recommended by that group shall be subject to Article I, Section 4, Meeting and Conferring During the Term of the MOU. of this MOU.
The City agrees to notifu the SAFF, Local 522 anytime the City proposes to recruit and examine for, or to modifu, fire job classifications represented the SAFF, Local 522.The City agrees to meet and confer with the SAFF, Local 522 over such proposed changes if the SAFF, Local522 so requests.
On its own initiative, the SAFF, Local 522 may at any time notifu the City Human Resources Director that the SAFF, Local 522 requests to meet and confer with the City over the SAFF, Local 522 proposed modifications to the recruitment and examination procedure, and/or job specifications for fire classifications represented by the SAFF, Local 522. The City shall schedule a meet and confer session in response to such request.
Nothing in this provision shall be construed as to require the City to divulge information or change procedures that in any way would compromise the integrity of the City's merit system.
C
E.
A.
B.
09/27/2022 Item No.7.
eligibility list if a current eligibility list does not exist.
6. Paycheck Distribution
The City agrees to submit paychecks to employees in the Fire Department no later than 0830 hours each payday, for the off-going shift.
If it becomes feasible during the term of this MOU, this provision will be applied to all employees.
The parties recognize that pati'ence and tolerance will be exercised in the execution of this provision. Any discrepancies will be rectified within a reasonable period of time.
Reasonable period of time is defined to mean two (2) normal working days.
7. Labor/Management eernmitteeTeam
The City and the SAFF, Local 522 agree to establish a joint labor- management team to meet and confer on matters raised by either party The Labor-Management team will determine the frequency of meetings and the number of representatives in attendance from the bargaining group.
Department Bulletins will be given an expiration date at the time they are published.
9. Program Coordinator/Technician
The Program Coordinator/Technician plan used by the Department shall be voluntary in nature and shall not require participation by employees. Employees who volunteer, except as noted in Subsection 10 of this article, shall not be negatively affected in their annual evaluation for performance as a Program Manager. The employee may be removed from the program if the City sees fit either due to lack of need for the program or other reason as set forth by the City.
10. Program Incentive Pay
Employees designated by the Fire Chief to perform Program Coordinator tasks associated with one of the following program areas shall receive a two hundred dollars ($200) per month incentive pay allowance:
1) PPE Program Coordinator (1 Person Total)
$a_ISCBA Program Coordinator (1 Person Total)
{l_Pre-Plan Program Coordinator (1 Person Total)
A
B
Bulletins8
A.
09/27/2022 Item No.7.
B
$al_Volunteer Services (CERT) Program Coordinator (1 Person Total) 4)|_CAD Program Coordinator (1 Person Total)
5)6l_Radio Program Coordinator (1 Person Total)
7) SRT/Boat Program Coordinator (1 Person Total)
PI 1 Person Total
Any of the above (Section A) Program Coordinator positions require a minimum of a two (2) year up to four (4) year time commitment. Members may re-apply for the applicable program coordinator position upon the conclusion of the required time commitment.
Employees designated by the Fire Chief to perform Program Manager or Technician tasks associated with one of the following program areas shall receive a one hundred dollars ($100) per month incentive pay allowance:
1) Self-Contained Breathing Apparatus (SCBA) Technician (l Person per shift)
2) Fire Investigator (3 Persons Total)
3) ACLS/PALS Instructor (1 Person per Shift)
4) ITLS Instructor (1 Person per Shift)
5) CPR Instructor (1 Person per Shift)
6) Fire Hose Program Manager (1 Person Total)
7) Fire Tools and Equipment Manager (3 Persons Total)
8) Extrication Program Manager (1 Person Total)
9) Fitness and Wellness Program Manager (1 Person Total) 1 Wildland / S Resource 1 Person Total
Any of the above (Section B) Program Manager or Technician positions require a minimum of a two (2) year up to four (4) year time commitment. Members may re-apply for the applicable program coordinator position upon the conclusion of the required time commitment.
Employees who hold a valid certificate in the Program areas below shall receive a one hundred dollars ($1OO; per month incentive pay allowance:
1) Swiftwater Rescue Technician Certificate
2) Confined Space Technical Rescue Certificate
RSl and RS2
Members receiving incentive pay allowance in section A shall be limited to a maximum combined allowance in sections A, B, and/or C of f+ve-gix*hundred dollars ($50OOOO) per month per employee.
Members receiving incentive pay allowance in section B, shall be limited to a maximum combined allowance in sections B and C of fer*rfive hundred dollars C
D
E.
09/27/2022 Item No.7.
($40050Q) per month per employee.
Employees shall maintain the necessary training and certification standards established by the Department in Sections A, B and C to continue to receive this pay allowance. All employees receiving program incentive pay shall have their performance in the program included as part of the employees City performance evaluation. Performance that falls below "meets expectations" may subject the employee to removal from the program and loss of incentive pay as determined by the Fire Chief.
I l. Medic Unit lncentive Pay
A. All members may participate in the annual medic unit incentive pay based on hours worked on a medic unit. Annually, an hour's reoort. inclusive of resular dutv and overtime hours. will be examined for each emplovee working a medic unit for a nnc-fime qnnrrql 11q\/m ent based on the fol l^.tti--.
1) 2200 hours worked - member rqcqives$1,000
D 2500 hours worked - member receives S1.250
3) 2800 hours worked - member receives $1,500
++12. Strike Team - Assignments
A.
three{3tFor strike team and overhead assignment requests, Labor/Management will collaboratively develop a voluntary strike team list specific for TeleStaff use. 1) For "initial altaek" deployment dispatches, apparatus and crew will be dispatched directly from their normal assigned station from duties by Fire Dispatch and shall not be delayed to any degree.
2) For "immediate need" deployment dispatches, the on-duty personnel assigned to the strike team station that day will be the personnel assigned to the strike team to minimize delay in response. Any on-duty personnel crew member not wishing to be dispatched to fill a strike team request may find their own voluntary qualified replacement within the same rank to fill the request shall arrange for coverage to occur prior to the beginning of their shift and then notifu his/her immediate supervisor of the arrangement. At no time will this cause a delay of more than thirty (30) minutes in the response.
For "planned" need deployment dispatches or crew rotations, the voluntary shift strike team TeleStaff list will be utilized to fill the request.
In the event that the request is not filled using the voluntary strike team TeleStaff list, the on-duty personnel assigned to the strike tbam station the day of the planned need or crew rotation will be the personnel assigned to 3)
09/27/2022 Item No.7.
the strike team. Employee's not wishing to be assigned to the strike team may find their own voluntary qualified replacement within the same rank to fill the request and then notifu his /her immediate supervisor of the arrangement The Duty Chief may re-assign station staffing to accommodate arrangement requests.
4) When a member accepts any request from the voluntary strike team Telestaff list, their name will rotate to the bottom of the list provided that he/she was deployed for a minimum of twelve (12) hours.
When working a strike team deployment of more than forty-eight (a8) hours, an employee returning from a strike team on their normal duty day shall be released from duty on paid administration leave for a rest period until the beginning of the next work day. For example; an employee returning from a strike team on their regular duty day would be released and paid administration leave until 0800 hours the following day.
A good faith effort shall be made by the City to relieve crews on a strike team assignment on the fourteenth (14t) day if the assignment is within the State of California and the twenty-first (21') day if the assignment is outside the State of California. Crews may request to be relieved if cooperating agencies in the Sacramento Region are replacing their crews before the fourteenth (14th) or twenty-first (21't) days.
During a strike team deployment when the incident manag€mer*+eaffi-does not provide hotel/motel accommodations, but hotel/motel accommodations are available to the strike team, at the individual's engine company's expense, the City will pay for the hotel/motel accommodation. Nothing in the section shall negatively impact the strike team availability or response to the incident mission.
The Strike Team Leader will make the decision whether the entire strike team will exercise the option for the hotelimotel accommodation.
I g.t:. ProUationarv Per
To provide means by which employees are to be demoted or laid off in the event a reduction in work force occurs.
When determining "Seniority" or "Time in Grade" the following criteria shall be used:
1) Seniority is defined as regular full time City employment in the fire department regardless ofrank.
2) If two or more people are hired on the same date, the seniority ranking will be in accordance with the employee's
B
C.
D
A.
B.
09/27/2022 Item No.7.
recruit firefi ghter academy
e+assigeatien.
3) Time in grade shall be the method used to determine seniority by rank. If two or more employees in the same rank have the same promotion dates, the employee's position on the eligibility list for the employee's job classification will determine seniority in that rank.
4) Military leave of absence shall not be deducted from time in grade or from total time in the fire department.
5) The probationary period for new hires may be extended for any leave time in excess of 240 hours (cumulative) within the probationary period. The extension specific to this section will be equal to the leave time used in excess of 240 hours. 6) Probationary period extensions for performance-based issues shall be reflected in "Seniority" calculations for new hires.
7) The probationary period for Engineers and Captains may be extended for prolonged absences, with the exception of military leave and/or a workplace injury, during the probationary period. The extension specific to this section will be equal to the leave time used in excess of 240 hours.
8) Probationary period extensions for performance-based issues shall be reflected in "Time in Grade" calculations for Engineers and Captains.
C. Layoff or Non-Disciplinary Demotions.
1) Reductions in the ranks of Captain or Fire Engineer shall be made by the least , senior employee in regular full time, time in grade, including probationary time. 2) Individuals affected by being demoted shall have the right to "bump" downward to the next lower rank formerly held by the affected employee. 3) Layoffs, reductions, or demotions in the rank of Firefighter shall be by the least senior employee in regular full time City employment in accordance with the Personnel Rules, Section 2.04.030E.
D. Reemployment and Seniority
1) When an employee is laid off and is reemployed within two (2) years of said employee's termination date, the employee shall receive the benefits as described in the Personnel Rules, Section 2.04.030J upon return to service.
09/27/2022 Item No.7.
2) When the period of absence exceeds two (2) years, no benefits are retained and the employee is treated as a new employee for all purposes, unless they are vested by a third party (e.g. PERS credit).
3) When an employee resigns from the department and then wishes to return, they may do so through the application and testing process when a vacancy occurs.
Seniority shall be based on section B above.
E. The City shall give the SAFF Local 522Unit Representative 30 days' notice prior to the effective date of any layoff or a non-disciplinary demotion along with a seniority list with all the member's names, their hire date, and their time in grade. &14. LateralHires
Any decision to hire above the entry-level salary step (,LStep_!) will be based on the Fire Chief s final recommendation with the concunence of the City Manager. Such recommendation shall be based on the Fire Chief s evaluation of the candidate's background and experience.
+4--{eks+d
With the implementatior ef esnrputerized staffing seftrvare andupgraded versiens the ir€
@
I tS. Personnel Rules
The City agrees to notifu the SAFF, Local 522 of proposed changes to City personnel rules, and to meet and confer in good faith over the impact of such changes prior to implementation.
I to. Staffing
The purpose of this Article is to provide an agreed upon staffrng level which supports firefighter safety and adequate personnel for workload distribution.
The City maintains the right to assign work and schedule employees in accordance with requirements as determined by the City. In the regular course of operations circumstances such as cross-staffrng apparatus, participating in special training assignments, provisions to assist employees found in Article VIII, Section 8, Emergency Leave and other needs of the City will cause the need to deviate from this staffing level. With this understanding, the City agrees that it shall maintain on a daily basis, minimum apparatus staffing level as follows:
09/27/2022 Item No.7.
A. In-service Engine Company - three (3) persons; (one (l) Captain, one (1) Engineer and one (1) Firefighter; or the equivalent thereof), B. In-service Truck Company - four (4) persons; (one (1) Captain, one (1) Engineer and two (2) Firefighters; or the equivalent thereofl,
C. In-service ALS Medic - two (2) firefighters; or the equivalent thereof
17. Bilingual Pay
1 2.
-l
The Fire Chief may designate up to (2) employees per shift, if at least two employees on the shift qualifr, to receive a $100 per month Bilingual Pay differential. Such assignment shall be in writing and must be renewed on an annual basis.
To be eligible for Bilingual Pay, an employee must (1) speak a foreign language as identified by the City; (2) agree to utilize his/her bilingual ability on the job; (3) demonstrate bilingual proficiency satisfactory to the Director of Human Resources; and (4) agree to maintain the necessary training and certification standards established by the City to continue to receive bilingual pay.
All employees receiving bilingual pay shall have their bilingual performance included as part of the employee's City performance evaluation. Performance that falls below "meets expectations" may subject the employee to loss of bilingual pay.
09/27/2022 Item No.7.
ARTICLE XIV
SIGNATURE CLAUSE
l. Signature Clause
This agreement shall remain in full force and effect from -July
1. 2022.the
throuqh June 30. 2025. The parties agree to begin negotiations on a successor of IJ no later than 120 calendar S
Memorandum of Understandin g.
The terms and eenditiens efthis ll4eurerandum efUnde+standing are exeeuted this l6'h ielrs.
292
City of Folsom Sacramento Area Firefighters, Local522,IAFF Elaine Andersen
City Manager
John W. Spittler
Human Resources Director, Interim
Ken Cusano
Fire Chief
Allison Garcia
Human Resources Manager
Dennis Batchelder
City Representative
Trevor Jamison
President, Local522
Jeff Carter
Representative for SAFF, Local522
Brian Beck
SAFF, Local 522 Representative
Tracy C. Randall
SAFF, Local 522 Representative
Jacob Bisetti
SAFF, Local 522 Representative
Daniel Carson
SAFF, Local 522 Representative
Robert Byrne
SAFF, Local 522 Representative
09/27/2022 Item No.7.
Brent Cramer
SAFF, Local 522 Representative
09/27/2022 Item No.7.
Appendix A
Salary Schedule
Firelightcr
Fire Engincer
Fire Captain
42F
fit7t1n2
Ett 711f23
Ett 7t1t24
{7F
gf 7nr22
Eff 7t1f23
$f 7t1n4
5{F
Eft711n2
Eff7t1t23
Ett7ru24
79,056.19
81,427.88
83,870.71
1 86,961.86
89,570.72
92,257.84
1 96,107.57
98,990.80
101,960.53
83,009.00
85,499.27
88,064.25
3 87,159.45
89,774"24
92,#7.$
1 91,517.4
94,262.95
97,090.84
96,0S3 30
98,976_10
101,945.38
6 100,897-36
103,S24,90
107,tx2,65
7 105,942-86
109,171_14
112,394.78
2 5
91,309,96
94,049.25
96,870.73
3 95,875.45
98,751.72
101,714.27
100,669-23
103,689"30
106,799-S8
105,702.69
108,873-77
I 12,139_98
6 110,987_82
114,317-4ti
117,746,98
7 116,537.21
120,033-33
123,634.33
2 rf
2 100,912.95
103,940 34
107,058.55
3 't05,958,60
1 09,f37.36
112,411.48
4 I 1 1,256_53
114,554.23
118,032.05
5 116,819.36
120,323.94
123,933-66
122,660-33
126,340_14
130,130"34
7 128,793-U
132,657.14
136,636.86
6
09/27/2022 Item No.7.
This page is intentionally left blank.
09/27/2022 Item No.7.
!i Y! t r.ti ; j
Folsom City Council
Staff R ort
MEETING DATE: 912712022
AGENDA SECTION: Old Business
SUBJECT: Resolution No. 10922 - A Resolution Rescinding the Approval of PN 19-182: Lakeside Memorial Lawn Crematorium Conditional Use Permit and Mitigated Negative Declaration
FROM: Community Development Department
RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council adopt Resolution No. 10922, A Resolution rescinding the approval of PN 19-182: Lakeside Memorial Lawn Crematorium Conditional Use Permit and Mitigated Negative Declaration.
BACKGROUND / ISSUE
On February 16,2022,the Historic District Commission voted to deny a Conditional Use Permit (CUP) for the proposed Lakeside Memorial Lawn Crematorium project. That decision was appealed to City Council by the project applicant, Igor Semenyuk, On May 10,2022, Council heard the appeal. After the public hearing, Council voted to grant the appeal, issue the proposed CUP, and approve the associated Initial Study and Mitigated Negative Declaration (IS/MND).
On June I0,2022, Friends of Folsom Preservation, Deborah Grassl, Terry Sorensen, and Stephen Walsh (Petitioners) filed a Petition for Writ of Mandate and a Complaint for Declaratory and Injunctive Relief in Sacramento County Superior Court, seeking to overturn the project approval based on alleged violations of the California Environmental Quality Act (CEQA), as well as alleged inconsistencies with the Folsom Municipal Code and the Historic District Design and Development Guidelines. Suit was filed against the City of Folsom and the City Council, as well as Caring Services Group (owner of Lakeside Memorial Lawn) and Igor Semenyuk. The City tendered the lawsuit to the project applicant to defend.
I
09/27/2022 Item No.8.
On or about August 19,2022, the Petitioners and the project applicant reached an agreement to settle the case. The settlement was conditioned upon the project applicant requesting that the City rescind the issuance of the CUP and approval of the IS/MND for the Lakeside Memorial Lawn Crematorium project by no later than September 30,2022. This item is agendized to request recission of the CUP and the associated IS/MND at the applicant's request.
POLICY / RULE
City Council has the authority to rescind the approvals it issued for the Lakeside Memorial Lawn Crematorium project pursuant to section 2.02 of the Adopted Charter of the City of Folsom.
ANALYSIS
Through early negotiations, the project applicant and the Petitioners reached a settlement agreement in exchange for dismissal of the lawsuit without prejudice. The project applicant independently negotiated the settlement, and the settlement terms do not negatively affect the City's resources or the City Council's discretion with respect to any possible future review or action on the proposed project.
F'INANCIAL IMPACT
Recission of the project approvals described in this report will have no financial impact on the City.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or to activities that are not otherwise considered a "project" as defined by Public Resources Code $ 21065. (CEQA Guidelines $ 15061(c)(3) and $ 15378.) The Council's decision to rescind the project approval and environmental document for the Lakeside Memorial Lawn Crematorium project meets the above criteria and is not subject to CEQA. No environmental review of the proposed recission is required.
ATTACHMENTS
l. Resolution No. 10922 - A Resolution Rescinding the Approval of PN 19-182: Lakeside Memorial Lawn Crematorium Conditional Use Permit and Mitigated Negative Declaration.
Submitted,
2 Pam Johns, Community Development Director
09/27/2022 Item No.8.
RESOLUTION NO. 10922
A RESOLUTION RESCINDING THE APPROVAL OF PN 19-182: LAKESIDE
MEMORIAL LAWNI CRE,MATORIUM CONDITIONAL USE PERMIT ANI)
MITIGATED NEGATIVE DECLARATION
WHEREAS' on February 16, 2022, the Historic District Commission voted to deny a Conditional Use Permit (CUP) for the proposed Lakeside Memorial Lawn Crematorium project; and
WHEREAS, that decision was appealed to City Council by the project applicant, Igor Semenyuk; and
WHEREAS, on May 10,2022, City Council heard the appeal and, after the public hearing, voted to grant the appeal, issue the proposed CUP, and approve the associated Initial Study and Mitigated Negative Declaration (IS/MND); and
WHEREAS, on June 10, 2022, Friends of Folsom Preservation, Deborah Grassl, Teq' Sorensen, and Stephen Walsh (Petitioners) filed a Petition for Writ of Mandate and a Complaint for Declaratory and Injunctive Relief in Sacramento County Superior Court, seeking to overturn the project approval based on alleged violations of the California Environmental Quality Act (CEQA), as well as alleged inconsistencies with the Folsom Municipal Code and the Historic District Design and Development Guidelines, with suit being filed against the City of Folsom and the City Council, as well as Caring Services Group and Igor Semenyuk; and WHEREAS, on or about Augustl9,2022, the Petitioners and the project applicant reached an agreement to settle the case. The settlement was conditioned upon the project applicant requesting that the City rescind the issuance of the CUP and approval of the IS/MND for the project by no later than September 30,2022: and
WHEREAS, the project applicant has requested that the Council rescind issuance of the CUP and approval of the ISA4ND for the Lakeside Memorial Lawn Crematorium project:
NOW, THEREF'ORE, BE IT RESOLVED that the City Council of the City of Folsom hereby rescinds issuance of the Conditional Use Permit and approval of the Initial Study and Mitigated Negative Declaration for the Lakeside Memorial Lawn Crematorium project, PN 19- 182.
PASSED AND ADOPTED this 27h day of September 2022, by the following roll-call vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Resolution No. 10922
Page I of2 Page 109
09/27/2022 Item No.8.
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10922
Page2 of2 Page 110
09/27/2022 Item No.8.
Folsom City Council
Staff Re rt
RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council conduct the second reading and adoption of Ordinance No. 1331 - An Ordinance of the City of Folsom Adding Sections
10.20.290,10.20.295, and 10.20.300 to the Folsom Municipal Code to Establish a Residential Permit Parking Program in Designated Areas of the Historic District.
BACKGROUND / ISSUE
In 2019 the City Council directed the formation of the Historic District Ad Hoc Parking Solutions Committee, which was a committee comprised of residents, business owners, and other community stakeholders to develop recommendations to ,address the parking issues facing the Historic District. The committee completed their work in Spring 2020 and reported their findings and recommendations back to City Council, which the City Council then in turn directed staff to implement over time. One of the committee's high-priority recommendations was to establish a Residential Permit Parking Program to limit the intrusion of non-resident parking into designated residential areas within the Historic District.
In June 2022 the City completed a six-month permit parking pilot and determined that apermit parking program could be a viable element of the overall parking management strategy in the Historic District. At the July 23, 2022 meeting, the Council directed staff to prepare an ordinance for their consideration that would enact a permanent program that would allow 1 MEETING DATE: 912712022
AGENDA SECTION: Old Business
SUBJECT: Ordinance No. 1331 - An Ordinance of the City of Folsom Adding Sections 10.20.290,10.20.295, and 10.20.300 to the Folsom Municipal Code to Establish a Residential Permit Parking Program in Designated Areas of the Historic District (Second Reading and Adoption)
FROM: Public Works Department
09/27/2022 Item No.9.
interested parties to request that the City designate and post permit parking restrictions in their residential area of the Historic District and to obtain permits that would allow them to park within those designated areas.
In directing staff to prepare an ordinance, the Council requested that the draft ordinance give the Council the ability to determine the number of permits which could be issued to each address, the cost of each permit, and whether guest permits should be issued. These variables will be defined in a companion resolution that Council can approve for each, specific permit parking zone and are not specifically defined in the ordinance.
The introduction and first reading of Ordinance No. 133 1 was conducted on August 23,2022.
Other than the removal of brackets from proposed Section 10.20.290, subsection B, no other changes have been made to the final ordinance.
At the September 12, 2022 meeting of the Historic Folsom Residents Association, it was suggested that the proposed wording of Section 10.20.290, subsection C, be revised to delete bicycles as a vehicle that would be subject to permitting requirements. If this revision is acceptable to Council, staff will make the revision to the final ordinance.
F'INANCIAL IMPACT
The implementation of a permit parking program will result in an as-yet determined number of staff hours for program administration and potentially parking enforcement. At the August 23,2022 meeting, Council provided direction to staff to proceed with a permit cost of $50 per permit. Staff intends to proceed with that cost and will report back to Council after the first year of the program to report on the actual financial impact of the program.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Ordinance No. 1331 - Ordinance of the City of Folsom Adding Sections 10.20.290,10.20.295, and 10.20.300 to the Folsom Municipal Code to Establish a Residential Permit Parking Program in Designated Areas of the Historic District (Second Reading and Adoption) Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
2
09/27/2022 Item No.9.
ORDINANCE NO. 1331
AN ORDINANCE OX'THE CITY OF FOLSOM ADDING SECTIONS 10.20.290,
10.20.295, AND 10.20.300 TO THE FOLSOM MUNICIPAL CODE TO ESTABLISH A RESIDENTIAL PERMIT PARIilNG PROGRAM IN DESIGNATED AREAS OF THE
HISTORIC DISTRICT
The City Council of the City of Folsom does hereby ordain as follows:
SECTION 1 PURPOSE
The purpose of this Ordinance is to establish a Residential Permit Parking Program in areas designated by the City Council in the Historic District by adding Sections 10.20.290,10.20.295, and 10.20.300 to the Folsom Municipal Code.
SECTION 2 ADDITION TO CODE
Section 10.20.290 is hereby added to the Folsom Municipal Code to read as follows
10.20.290 Residentialpermitparkingprogram.
A. A residential permit parking program in the Historic District is established in areas designated by Resolution of the City Council, which may be amended from time to time, to provide preferential parking to residents of those specified areas by exempting them from limitations or prohibitions established for parking of vehicles in such areas.
B. Unless displaying a valid permit issued under this Section or otherwise exempt under Section
10.20.300, no person shall stop, stand, or park a vehicle in areas designated for residential permit parking during the times set by Resolution of the City Council.
C. For purpose of the residential permit parking program, vehicles include any device designed for transportation such as, for example, motor vehicles, motorcycles, bicycles, as well as carts and trailers whether or not attached to a vehicle.
SECTION 3 ADDITION TO CODE
Section 10.20.295 is hereby added to the Folsom Municipal Code to read as follows:
10.20.295 Permits to be issued.
Upon payment of a fee to be set and amended from time to time by Resolution of the City Council, the City shall issue residential parking permits, in a quantity to be specified by Resolution of the City Council, to residents residing in the designated areas. When such permit is appropriately displayed, that permitted vehicle shall be exempt from any parking limitation or prohibition in effect atthatlocation. Permits shall not exempt residents from all other provisions of the California Ordinance No. 1331
Page I of3 Page 113
09/27/2022 Item No.9.
Vehicle Code or Folsom Municipal Code in force and effect within such area notwithstanding the permit program.
SECTION 4 ADDITION TO CODE
Section 10.20.300 is hereby added to the Folsom Municipal Code to read as follows:
10.20.300 Exemption for official duties.
The following vehicles shall be exempt from the permit parking requirements while used in the performance of their official duties:
A. City, county, state, federal government vehicles.
B. Emergency vehicles.
C. Public/private ambulances.
D. Utility company vehicles (e.g., natural gas, electrical, telephone, internet, etc.) E. Federal and private mail and package delivery vehicles.
F. Any private commercial business vehicle performing a service (e.g., landscaping, construction, pest control, housekeeping, pool cleaning, etc.)
SECTION 5 SCOPE
Except as set forth in this Ordinance, all other provisions of the Folsom Municipal Code shall remain in full force and effect.
SECTION 6 NO MANDATORY DUTY OF CARE
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 7 SEVERABILITY
Ifany section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have passed each section irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared unconstitutional, invalid, or ineffective.
Ordinance No. 1331
Page2 of3 Page 114
09/27/2022 Item No.9.
SECTION 8 EF'F'ECTIVE DATE
This ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in fullor in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City.
This ordinance was introduced and the title thereof read at the regular meeting of the City Council on August 23, 2022 and the second reading occurred at the regular meeting of the City Council on September 27,2022.
On a motion by Council Member seconded by Council Member the foregoing Ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this2Tn day of September 2022,by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Ordinance No. l33l
09/27/2022 Item No.9.
This page is intentionally trefr blank.
09/27/2022 Item No.9.
I. i;r!.irir t.. t.tl ?
Folsom City Council
Staff Re rt
MEETING DATE: 9t2712022
AGENDA SECTION: Old Business
SUBJECT: ResolutionNo. 10920 - A Resolution Establishing a Residential Permit Parking Zone inthe Historic District
F'ROM: Public Works Department
RECOMMENDATION / CITY COUIICIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 10920 - A Resolution Establishing a Residential Permit Parking Zonein the Historic District.
BACKGROUND / ISSUE
In 2019 the City Council directed the formation of the Historic District Ad Hoc Parking Solutions Committee, which was a committee comprised of residents, business owners, and other community stakeholders to develop recommendations to address the parking issues facing the Historic District. The committee completed their work in Spring 2020 and reported their findings and recommendations back to City Council, which the City Council then in turn directed staff to implement over time. One of the committee's high-priority recommendations was to establish a Residential Permit Parking Program to limit the intrusion of non-resident parking into designated residential areas within the Historic District.
In June 2022the City completed a six-month permit parking pilot and determined bhatapermit parking program could be a viable element of the overall parking management strategy in the Historic District. At the July 23, 2022 meeting, the Council directed staff to prepare an ordinance for their consideration that would enact a permanent program that would allow interested parties to request that the City designate and post permit parking restrictions in their residential area of the Historic District and to obtain permits that would allow them to park within those designated areas.
I
09/27/2022 Item No.10.
In response to Council direction staff prepared Ordinance No. 1331, anordinance and enables the City of Folsom to establish residential permit parking zones in the Historic District.
Ordinance No. 1331 was introduced at the August 23,2022 City Council meeting and was adopted at the September 27,2022 meeting.
DISCUSSION
Staff has prepared a draft ordinance in accordance with Council's direction and has assessed existing permit parking programs throughout the State of California to evaluate the range of costs, numbers of permits issued, status of guestpermits, and approval thresholds for Council's consideration. At the August 23, 2022 Council meeting, the Council provided staff with the following specifications associated with the proposed permit parking zone:
l. Approval Threshold: The City must determine if two-thirds (67%) of residents within the Permitted Area consent to this program before the City can proceed with issuance of permits.
2. Permitted Area will remain the same as the pilot program (Figueroa Street from Scott Street to Reading Street, Scott Street from Figueroa Street to Sutter/Figueroa alley, Wool Street from Figueroa Street to Sutter/Figueroa alley, and Decatur Street from Figueroa Street to Sutter/Figueroa alley).
3. Permit Days and Times will also remain the same as the pilot program (No Parking Fridays and Saturdays from 6 PM to Midnight except by permit).
4. Permits and Cost: Two permits per address can be purchased at a cost of $50 per permit; permits will be valid for a two-year period. Additional permits can be purchased at a cost of $50 per permit if the resident provides proof that the permitted vehicle(s) are registered at anaddress within the permitted area.
5. Guest Placards: One guest placard (rear view window hanger) can be purchased as a cost of $50 per placard; placard will be valid for a two-year period'
6. Temporary passes: Temporary permits (valid for a limited time, such as one weekend) may be purchased online for a cost of $5 per permit and will be printable and must be displayed and visible on the dashboard of the permitted vehicle during the time that the temporary permit is valid.
Staff attended the Historic Folsom Residents Association (HFRA) Board meeting on September 12,2022; several residents from within the permit parking zone joined the HFRA Board in commenting on the proposed permit parking criteria and provided the following feedback:
With respect to the Approval Threshold, it was recommended that it be reduced to a simple majority (50%+1) of only property owners who submit ballots. The rationale is that responses from two-thirds of all affected parties may not be received, and that it should be the owners, not the tenants, who determine whether or not to implement the program.
a
2
09/27/2022 Item No.10.
With respect to Permit Cost and Duration, they recommended that $25 per permit for one year offered more flexibility and a more palatable cost than $50 for a two-year duration.
With respect to the Permitted Area, they recommended that the 500 block of Figueroa Street be added to the program.
If acceptable to the Council, these changes can be amended into the resolution as part of a motion to approve.
F'INANCIAL IMPACT
The implementation of a permit parking program will result in an as-yet determined number of staff hours for program administration and potentially parking enforcement. The program would also require Clty resources in the form of signs, window decals, and placards. Staff will report back to City Council at the conclusion of program's first year to report on the actual costs associated with the program.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the Califomia Environmental Quality Act (CEQA).
ATTACHMENTS
Resolution No. 10920 - A Resolution Establishing a Residential Permit Parking Zone inthe Historic District
Submiffed,
Mark Rackovan, PUBLIC WORKS DIRECTOR
a
-t
09/27/2022 Item No.10.
RESOLUTION NO. 10920
A RESOLUTION ESTABLISHING A RESIDENTIAL PERMIT PARKING ZONE IN
THE T'OLSOM HISTORIC DISTRICT
WHEREAS, the City Council adopted Ordinance No. 1331 on September 27,2022 and established a Residential Permit Parking Program in the Historic District ("Program); and WHEREAS, OrdinanceNo. 1331 allows the City Council to designate areas and locations subject to the Residential Permit Parking Program, set a fee for the parking permit, establish the quantity of permits to be issued to residents residing in the designated areas, and impose limitations for general parking; and
WHEREAS, local governments are authorized pursuant to Section 22507(a) of the California Vehicle Code to prohibit or restrict the parking of vehicles on certain streets, or portions thereof, during all or certain hours of the day, and to designate certain streets upon which preferential parking privileges are given to residents adjacent to the streets for their use and the use of their guests, under which the residents may be issued a permit that exempt them from the parking restrictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the areas subject to the Residential Permit Parking Program in the Folsom Historic District shall be shown in Exhibit A attached to this Resolution.
BE IT FURTHER RESOLVED that a minimum of sixty-seven percent (67%) of residents within the Permit Zone must approve the program before permits can be issued.
BE IT FURTHER RESOLVED that the fee for each permit and guest permit is hereby set at $50.00 and shall be valid for two years from issuance. Said fee may be adjusted by the City Council from time to time.
BE IT FURTHER RESOLVED that each residential property in the areas subject to the Residential Permit Parking Program in the Folsom Historic District shall be allowed to apply for a maximum of two parking permits and one guest placard.
BE IT FURTHER RESOLVED that additional parking permits may be purchased if the resident provides proof that the additional permitted vehicle(s) are registered at an address within the permitted area.
BE IT FURTHER RESOLVED that the Residential Permit Parking Zone in the Folsom Historic District shall have the following operative hours where vehicles not displaying a valid permit issued under the Program are prohibited to park:
Friday: 6:00 p.m. to 12:00 a.m.
Saturday: 6:00 p.m. to 12:00 a.m.
Resolution No. 10920
Page I of3 Page 120
09/27/2022 Item No.10.
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED AND ADOPTED this 276 day of September 2022, by the following roll-call Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10920
Page2 of3 Page 121
09/27/2022 Item No.10.
Exhibit A
Permit Parking Boundary
Resolution No. 10920
Residenlial Parking
Permit Limit
xono scArE
09/27/2022 Item No.10.
Folsom City Council
Staff R ort
RECOMMENDATION / CITY COUNCIL ACTION
Staff respectfully recommends that the City Council introduce and conduct first reading of Ordinance No. 1333 - An Ordinance of the City of Folsom Removing Limitations on Frequency of Garage Sales by Repealing Section 5.09.020 from the Folsom Municipal Code.
BACKGROUND / ISSUE
Since its enactmentin 1997, Section 5.09.020 of the Folsom Municipal Code has limited garage sales in the City to no more than three consecutive days and no more than two garage sales on the same premises in any one calendar year. That provision was suspended by Emergency Order DES-03-20 (dated May l, 2020) until termination of the COVID-l9local emergency.
POLICY / RULE
The City Council has authority to enact or repeal ordinances pursuant to Section 2.12(1t^) of the Folsom City Charter.
ANALYSIS
For over two years since the suspension of Section 5.09.020, the City has received no complaint from residents about the numbers and frequency of garage sales. To make the suspension permanent, staff is presenting a proposed Ordinance to repeal Section 5.09.020 1 MEETING DATE: 912712022
AGENDA SECTION: New Business
SUBJECT: Ordinance No. 1333 - An Ordinance of the City of Folsom Removing Limitations on Frequency of Garage Sales by
Repealing Section 5.09.020 from the Folsom Municipal Code (Introduction and First Reading)
FROM: Community Development Department
09/27/2022 Item No.11.
from the Folsom Municipal Code so that City residents may hold garuge sales without limitation on frequency or duration.
FINAI\CIAL IMPACT
The City does not charge a fee for garage sales, hence there is no financial impact associated with this action.
ENVIRONMENTAL REVIEW
This action is not considered a project under Section 15061(b)(3) of the California Environmental Quality Act Guidelines, and as such is exempt from environmental review.
ATTACHMENT
Ordinance No. 1333 - An Ordinance of the City of Folsom Removing Limitations on Frequency of Garage Sales by Repealing Section 5.09.020 from the Folsom Municipal Code (Introduction and First Reading)
Respectfully submitted,
Pam Johns, Community Development Director
2 Page 124
09/27/2022 Item No.11.
ORDINANCE NO. 1333
AN ORDINANCE OF THE CITY OF FOLSOM
REMOVING LIMITATIONS ON FREQUENCY OF GARAGE SALES BY
REPEALING SECTION 5.09.020 FROM THE FOLSOM MUNICIPAL CODE The City Council of the City of Folsom does hereby ordain as follows SECTION 1 PURPOSE
The purpose of this Ordinance is to remove limitations on the frequency of garage sales in the City of Folsom by repealing Section 5.09.020, "Limitations", from the Folsom Municipal Code.
SECTION 2 REPEAL OF CODE
Section 5.09.020, "Limitations", is hereby repealed and deleted from the Folsom Municipal Code.
SECTION 3 SCOPE
Except as set forth in this Ordinance, all other provisions of the Folsom Municipal Code shall remain in full force and effect.
SECTION 4 NO MANDATORY DUTY OF CARE
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 5 SEVERABILITY
If any section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to ,be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have passed each section irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared unconstitutional, invalid, or ineffective.
SECTION 6 EF'FECTIVE DATE
This ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City.
Ordinance No. 1333
Page I of2 Page 125
09/27/2022 Item No.11.
This ordinance was introduced and the title thereof read at the regular meeting of the City Council on September 27,2022 andthe second reading occurred at the regular meeting of the City Council on October 11,2022.
On a motion by Council Member seconded by Council Member the foregoing Ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this 1ltr day of October 2022, by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Ordinance No. 1333
Page2 of2 Page 126
09/27/2022 Item No.11.