Agenda packet — Ontario City Council, February 1, 2022 (part 4 of 5)

addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and

WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and an initial study has been prepared to determine possible environmental impacts; and

WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and make recommendation to City Council on the subject Application; and

WHEREAS, City of Ontario Development Code Divi sion 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and

WHEREAS, as the first action on the Project, on December 20, 2021, the Planning Commission approved a resolution recommending the City Council approve the use of an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140), prepared pursuant to CEQA, the State CEQA Guidelines and the City of Ontario Local CEQA Guidelines, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of less than significance; and

WHEREAS, on December 20, 2021, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the Planning Commission of the City of Ontario, as follows:

SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, the Planning Commission has reviewed and considered the information contained in the previous Certified EIR and supporting documentation. Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the Planning Commission recommends City Council find as follows:

(1) The environmental impacts of this project were reviewed in conjunction with an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140), certified by the City of Ontario City Council on January 27, 2010, in conjunction with File No. PGPA06-001.
1134
Planning Commission Resolution
File No. PZC-21-001
December 20, 2021

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(2) The Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and

(3) The City's "Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. This Application introduces no new significant environmental impacts; and

(4) The Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project, and reflects the independent judgment of the Planning Commission; and

(5) There is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts; and

(6) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the Certified EIR, and all mitigation measures previously adopted by the Certified EIR, are incorporated herein by this reference.

SECTION 2: Subsequent or Supplemental Environmental Review Not Required. Based on the Addendum, all related information presented to the Planning Commission, and the specific findings set forth in Section 1, above, the Planning Commission finds that the preparation of a subsequent or supplemental Certified EIR is not required for the Project, as the Project:

(1) Does not constitute substantial changes to the Certified EIR that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

(2) Does not constitute substantial changes with respect to the circumstances under which the Certified EIR was prepared, that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and

(3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified/adopted, that shows any of the following:

(a) The project will have one or more significant effects not discussed in the Certified EIR; or
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Planning Commission Resolution
File No. PZC-21-001
December 20, 2021

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(b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; or

(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or

(d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3: Housing Element Compliance . Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending body for the Project, the Planning Commission finds that based upon the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties in the Available Land Inventory contained in Table A -3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

SECTION 4: Ontario International Airport Land Use Compatibility Plan (“ALUCP”) Compliance. The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the ALUCP, establishing the Airport Influence Area for Ontario International Airport (hereinafter referred to as “ONT”), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties , and limits future land uses and development within the Airport Influence Area , as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending body for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ALUCP compatibility factors, includi ng [ 1] Safety Criteria (ALUCP Table 2-2) and Safety Zones (ALUCP Map 2-2), [2] Noise Criteria (ALUCP Table 2-3) and Noise Impact Zones (ALUCP Map 2 -3), [3] Airspace protection Zones (ALUCP Map 2- 4), and [ 4] Overflight Notification Zones (ALUCP Map 2- 5). As a re sult, the PLANNING COMMISSION , therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ALUCP.

SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning Commission during the above- referenced hearing, 1136
Planning Commission Resolution
File No. PZC-21-001
December 20, 2021

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and upon the specific findings set forth in Section 1 through 4 , above, the Planning Commission hereby concludes as follows:

(1) The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan as follows:

Land Use Element:

 Goal LU1: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.

 LU1-6: Complete Community. We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers, and visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario.

 Goal LU2: Compatibility between a wide range of uses.

 LU2-1: Land Use Decisions . We minimize adverse impacts on adjacent properties when considering land use and zoning requests.

 Goal LU5: Integrated airport systems and facilities that minimize negative impacts to the community and maximize economic benefits.

 LU5-7: ALUCP Consistency with Land Use Regulations . We comply with state law that require s general plans, specific plans and all new development b e consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan for any public use airport.

Compliance: The proposed Zone Change is consistent with the adopted Airport Land Use Compatibility Plan for both Ontario International Airport and Chino Airport.

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Planning Commission Resolution
File No. PZC-21-001
December 20, 2021

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Safety Element — Noise Hazards:

 Goal S4: An environment where noise does not adversely affect the public’s health, safety, and welfare.

 S4-6: Airport Noise Compatibility. We utilize information from Airport Land Use Compatibility Plans to prevent the construction of new noise sensitive land uses within airport noise impact zones.

Compliance: The subject property is located within the 60 to 65 CNEL Noise Impact area and the proposed Industrial (0.55 FAR) land use designation is compatible with the Noise Impact area.

(2) The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City . The proposed zoning district is compatible with the zoning and land uses in the surrounding area.

(3) The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land us es. The surrounding properties to the north, east, south, and west of the Project site are within the same Policy Plan (general plan) Industrial land use designation as the Project site, and as such, will be occupied by compatible industrial land uses of similar intensity.

(4) The subject site is physically suitable, including, but not limited to, parcel sizes, shapes, access, and availability of utilities, for the request and anticipated development. The Project site and its surrounding properties to the nor th, east, south, and west are within the Policy Plan (general plan) Industrial land use district.

The proposed IG (General Industrial) zoning district will implement the Policy Plan (general plan) Industrial land use district (pursuant to Development Code Section

5.01.005.D.4); therefore, the proposed Zone Change is consistent with the Policy Plan (general plan). Moreover, t he proposed Zone Change will serve to promote the orderly development of the subject site through the consolidation of the two adjacent parcels that comprise the Project site, making the site physically suitable for the anticipated future industrial development and related allowed land uses. The adjoining parcel to the south of the Project site will remain with the IL (Light Industrial) zoning designation to serve as a buffer between the residential properties to the south , across Cedar Street , and the more intense industrial uses permitted to the north

SECTION 6: Planning Commission Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the Planning Commission hereby RECOMMENDS THE CITY COUNCIL APPROVES the herein described Application, as detailed in “Exhibit A” attached hereto and incorporated herein by this reference.

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1139
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Planning Commission Resolution
File No. PZC-21-001
December 20, 2021

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Exhibit A:

File No. PZC19-003
Proposed Zone Change

ZONING Legend:

AR-2, Residential-Agricultural

PUD, Planned Unit
Development
BP, Business Park

OS-R, Open Space -
Recreation

RE-2, Rural Estate

MU, Mixed Use
1 – Downtown, 2-East Holt,
11-Francis&Euclid
IP, Industrial Park

OS-C, Open Space-
Cemetery

RE-4, Residential Estate

CS, Corner Store

IL, Light Industrial

UC, Utilities Corridor

LDR-5, Low Density
Residential
CN, Neighborhood
Commercial
IG, General
Industrial
SP, Specific Plan

MDR-11, Low-Medium
Density Residential
CC, Community
Commercial

IH, Heavy
Industrial

SP(AG), Specific Plan
with Agricultural Overlay

MDR-18, Medium Density
Residential
CCS, Convention Center
Support
ONT, Ontario Int’l
Airport

ES, Emergency Shelter
Overlay

MDR-25, Medium-High
Density Residential
OL, Low Intensity Office

CIV, Civic

MTC, Multimodal Transit
Center Overlay

HDR-45, High Density
Residential
OH, High Intensity
Office

RC, Rail Corridor

ICC, Interim Community
Commercial Overlay

EXISTING PROPOSED

TOP: Industrial (0.55 FAR) Industrial (0.55 FAR)
Zoning: IL (Light Industrial) IG (General Industrial)
Parcels: (1 Property)
1050-441-05

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC21-001, A ZONE CHANGE ON

2.77 ACRES OF LAND FROM IL (LIGHT INDUSTRIAL) TO IG (GENERAL INDUSTRIAL), LOCATED AT 1948 SOUTH BON VIEW AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1050-441-05.

WHEREAS, Bon View Land 10, LLC & BV Investments 10, LLC., (herein after referred to as "Applicant") has filed an Application for the approval of a Zone Change, File No. PZC21-001, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to one 2.77-acre parcel of land generally located on the west side of Bon View Avenue, 132 feet north of Cedar Street, at 1948 South Bon View Avenue, presently within the IL (Light Industrial) zoning district. The parcel is developed with one single-family residence, one detached garage, one commercial building, and two industrial buildings; and
WHEREAS, properties to the east, north and west of the Project site are within the IG (General Industrial) zoning district and are developed with industrial land uses. The property to the south of the Project site is within the IL (Light Industrial) zoning district and is developed with a legal nonconforming single-family structure and contractor's storage yard; and
WHEREAS, the Applicant has filed a related Development Plan application (File No. PDEV21-030) to construct one 174,603-square-foot industrial building on the Project site, in conjunction with a Certificate of Appropriateness application (File No. PHP21-015) requesting to demolish a Tier III historic resource (a 1,008-square-foot Craftsman single- family structure) to facilitate the construction of the warehouse; and WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, on December 20, 2021, the Planning Commission conducted a public hearing and approved Resolution No. PC21-089, recommending the City Council approve a Resolution adopting an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140), certified by the City Council on January 27, 2010.

The Addendum finds that the proposed project introduces no new significant 1142
environmental impacts. Furthermore, all mitigation measures previously adopted with the Certified Environmental Impact Report are incorporated into the Project by reference; and WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and an initial study has been prepared to determine possible environmental impacts; and WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (“ALUCP”), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on December 20, 2021, the Planning Commission of the City of Ontario conducted a public hearing to consider the Initial Study/Addendum and the Project, and concluded said hearing on that date, voting unanimously (6-0) to issue Resolution No. PC21-092, recommending the City Council approve the Application; and WHEREAS, on January 18, 2022, the City Council of the City of Ontario conducted a public hearing to consider the Initial Study/Addendum and the Project, and concluded said hearing on that date; and
WHEREAS, as the first action on the Project, on January 18, 2022, the City Council approved a resolution adopting an Initial Study/Addendum to a previous Certified EIR prepared pursuant to CEQA, the State CEQA Guidelines and the City of Ontario Local CEQA Guidelines, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of significance; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 1143

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:

SECTION 1: Environmental Determination and Findings. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the previous Certified EIR and supporting documentation. Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the City Council finds as follows:
(1) The environmental impacts of this project were reviewed in conjunction with an Addendum to The Ontario Plan Environmental Impact Report, certified by the City of Ontario City Council on January 27, 2010; and
(2) The Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(3) The City's "Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. This Application introduces no new significant environmental impacts; and (4) The Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project, and reflects the independent judgment of the City Council; and
(5) There is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts; and (6) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the Certified EIR, and all mitigation measures previously adopted by the Certified EIR, are incorporated herein by this reference.

SECTION 2: Additional Environmental Review Not Required. Based on the Addendum, all related information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental Certified EIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified EIR that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the Certified EIR was prepared, that will require major revisions to the 1144
Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified/adopted, that shows any of the following:
(a) The project will have one or more significant effects not discussed in the Certified EIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or (d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3: Ontario International Airport Land Use Compatibility Plan ("ALUCP") Compliance. The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan ("ALUCP"), establishing the Airport Influence Area for Ontario International Airport ("ONT"), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ALUCP compatibility factors, including [1] Safety Criteria (ALUCP Table 2-2) and Safety Zones (ALUCP Map 2-2), [2] Noise Criteria (ALUCP Table 2-3) and Noise Impact Zones (ALUCP Map 2-3), [3] Airspace protection Zones (ALUCP Map 2-4), and [4] Overflight Notification Zones (ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ALUCP.

SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 3, above, the City Council hereby concludes as follows:
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(1) The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.

Land Use Element:
 Goal LU1: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.
 LU1-6: Complete Community. We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers, and visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario.

Compliance: The proposed Zone Change will reflect the existing uses of the properties or closely coordinates with land use designations in the surrounding area and provides opportunities for choice in living environments.
 Goal LU2: Compatibility between a wide range of uses.  LU2-1: Land Use Decisions . We minimize adverse impacts on adjacent properties when considering land use and zoning requests.

Compliance: The proposed Zone Change reflects the existing uses of the properties or closely coordinates with land use designations in the surrounding area and will not create adverse impacts on adjacent properties.
 Goal LU5: Integrated airport systems and facilities that minimize negative impacts to the community and maximize economic benefits.  LU5-7: ALUCP Consistency with Land Use Regulations . We comply with state law that requires general plans, specific plans and all new development be consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan for any public use airport.

Compliance: The proposed Zone Change is consistent with the adopted Airport Land Use Compatibility Plan for both Ontario International Airport and Chino Airport.

Safety Element — Noise Hazards:
 Goal S4: An environment where noise does not adversely affect the public's health, safety, and welfare.
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 S4-6: Airport Noise Compatibility. We utilize information from Airport Land Use Compatibility Plans to prevent the construction of new noise sensitive land uses within airport noise impact zones.

Compliance: The subject property is located within the 60 to 65 CNEL Noise Impact area and the proposed Industrial (0.55 FAR) land use designation is compatible with the Noise Impact area.
(2) The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The proposed zoning district is compatible with the zoning and land uses in the surrounding area. (3) The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses. The surrounding properties to the north, east, south, and west of the Project site are within the same Policy Plan (general plan) Industrial land use designation as the Project site, and as such, will be occupied by compatible industrial land uses of similar intensity.
(4) The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. The Project site and its surrounding properties to the north, east, south, and west are within the Policy Plan (general plan) Industrial land use district.

The proposed IG (General Industrial) zoning district will implement the Policy Plan (general plan) Industrial land use district (pursuant to Development Code Section

5.01.005.D.4); therefore, the proposed Zone Change is consistent with the Policy Plan (general plan). Moreover, the proposed Zone Change will serve to promote the orderly development of the subject site through the consolidation of the two adjacent parcels that comprise the Project site, making the site physically suitable for the anticipated future industrial development and related allowed land uses. The adjoining parcel to the south of the Project site will remain with the IL (Light Industrial) zoning designation to serve as a buffer between the residential properties to the south, across Cedar Street, and the more intense industrial uses permitted to the north.

SECTION 5: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described Zone Change application, attached hereto as "Exhibit A," and incorporated herein by this reference.

SECTION 6: Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.
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SECTION 7: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 8: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 10: Publication and Posting.The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. 1148
PASSED, APPROVED, AND ADOPTED this ____ day of _________ 20___. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held ___________, 20___ by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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EXHIBIT A: Proposed Zone Change
ZONING Legend:

AR-2, Residential-
Agricultural
PUD, Planned Unit
Development
BP, Business
Park
OS-R, Open Space -
Recreation
RE-2, Rural Estate
MU, Mixed Use
1 – Downtown, 2-East Holt,
11-Francis&Euclid
IP, Industrial Park OS-C, Open Space-
Cemetery
RE-4, Residential Estate CS, Corner Store IL, Light Industrial UC, Utilities Corridor LDR-5, Low Density
Residential
CN, Neighborhood
Commercial
IG, General
Industrial SP, Specific Plan
MDR-11, Low-Medium
Density Residential
CC, Community
Commercial
IH, Heavy
Industrial
SP(AG), Specific Plan
with Agricultural Overlay
MDR-18, Medium Density
Residential
CCS, Convention
Center Support
ONT, Ontario Int' l
Airport
ES, Emergency Shelter
Overlay
MDR-25, Medium-High
Density Residential
OL, Low Intensity
Office CIV, Civic MTC, Multimodal Transit
Center Overlay
HDR-45, High Density
Residential
OH, High Intensity
Office RC, Rail Corridor ICC, Interim Community
Commercial Overlay
MHP, Mobile Home Park

EXISTING PROPOSED
TOP: Industrial (0.55 FAR) Industrial (0.55 FAR)
Zoning: IL (Light Industrial) IG (General Industrial)
Parcels: (1 Property)
1050-441-05
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Department: Police Department
Prepared By: Matthew Hernandez
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:

A COST SHARING AGREEMENT WITH CHAFFEY JOINT UNION HIGH SCHOOL

DISTRICT FOR SCHOOL RESOURCE OFFICERS

CITY OF ONTARIO
Agenda Report
February
1, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager to execute a one-year cost sharing agreement (on ﬁle in the Records Management Department) with the Chaﬀey Joint Union High School District for three school resource officers in the amount of $244,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT:

The City has assigned one School Resource Oﬃcer (SRO) at each of the following high schools: Chaffey High School, Colony High School, and Ontario High School. Chaffey Joint Union High School District (CJUHSD) has agreed to reimburse the City $244,000 for the school year, consistent with the terms and conditions of the current agreement. This amount covers approximately 50% of the annual cost of three oﬃcers ($488,993) for the period of August 2021 - May 2022. Appropriations in the General Fund for these costs are included in the Police Department's annual operation budget for the Fiscal Year 2021-22.

BACKGROUND & ANALYSIS:

In addition to providing a police presence at each high school, SRO's serve as positive role models for students; foster student, faculty, staﬀ and law enforcement interaction; and provide on-site crisis intervention. CJUHSD had agreed to enter into a one-year cost sharing agreement in the amount of $244,000 which reﬂects a small increase as compared to the previous contract. Under this Agreement, the Ontario Police Department will provide SRO services at Chaﬀey, Colony, and Ontario High Schools to help maintain a safe and secure environment on these campuses.
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Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:

AMENDMENT TO PUBLIC WORKS CONTRACT FOR CONCRETE REPAIR AND

MAINTENANCE AND INSTALLATION OR RECONTRUCTION OF WHEELCHAIR

RAMPS SERVICES

CITY OF ONTARIO
Agenda Report
February
1, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager to execute Amendment (Change Order) No. 12 in the amount of $159,136 (on ﬁle in the Records Management Department) to the existing Public Works Contract for Concrete Repair and Maintenance and Installation or Reconstruction of Wheelchair Ramps Services with CT&T Concrete Paving, Inc. of Diamond Bar, California, for Fiscal Year 2021-22.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The recommended amendment increases the authorized contract amount by $159,136 for Fiscal Year 2021-22 for concrete repair and maintenance, installation, or reconstruction of sidewalks, drive approaches, curbs, and gutters. The Fiscal Year 2021-22 Adopted Budget includes appropriations in the General Fund. The recommended amendment would bring the total not-to-exceed contract amount to $4,100,655 over Fiscal Years 2017-22.

BACKGROUND & ANALYSIS:

The Fiscal Year 2021-22 Adopted Budget includes appropriations to complete projects scheduled as reconstruction of sidewalks and drive approaches and the reconstruction or installation of curb and gutter. The amendment amount of $159,136 is needed to complete the Fiscal Year 2021-22 sidewalk, curb, and gutter maintenance program. 1153
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:

DESIGN SERVICE AGREEMENT FOR CITYWIDE ON-CALL ARCHITECTURAL SERVICES

CITY OF ONTARIO
Agenda Report
February
1, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager to add a contract threshold amount not to exceed $400,000 for On-Call Design Service Agreement (on ﬁle in the Records Management Department) with Robert Borders & Associates of Costa Mesa, California.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

Robert Borders & Associates will be compensated for on-call, as-needed services at the ﬁxed hourly rates as set forth in their respective agreements for the work it performs on City Council approved capital improvement projects. The total compensation paid by the City or Authority under the original term and any subsequent term extensions will be contingent upon the type and amount of work performed and shall not exceed the amount allocated in the adopted budgets for the respective ﬁscal year. Robert Borders & Associates has agreed to ﬁxed hourly rates set forth in their respective agreements for three years which City Council awarded as an on-call service agreement on April 21, 2020. The recommended amendment would bring the not-to- exceed amount to $400,000 in the General, Capital Projects, and Facility Maintenance Funds over the term of contract.

BACKGROUND & ANALYSIS:

In the furtherance of City Council goals and priority work program projects, City Staﬀ at times, require design services that cannot be provided by City staﬀ. The services to be provided by Robert Borders & Associates include, but are not limited to, site analysis, conceptual layouts/space planning, architectural design and engineering services, post design services, move management and bidding services.

On October 4, 2019, the City solicited request for proposals for on-call architectural services and received response from Robert Borders & Associates. Staﬀ recommended an on-call contract with Robert Borders & Associates ensuring that a cost-eﬀective option and suﬃcient staﬀ resources are available for projects and task orders. Utilizing the on-call agreement with Robert Borders & 1154
Associates, the $100,000 threshold was exceeded for the following projects: OMUC/ Parks & Streets /Integrated Waste Oﬃce Improvements, City Hall (First and Second Floor) oﬃce improvements and Jay Littleton Ballpark Renovations. Authorizing a contract value threshold not to exceed of $400,000, will allow for these services to be utilized for important public projects and task orders. 1155
Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:

AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORIST, INC. FOR TREE MAINTENANCE SERVICES

CITY OF ONTARIO
Agenda Report
February
1, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager to execute Amendment No. 11 in the amount of $573,385 (on ﬁle in the Records Management Department) to the existing Public Works Contract to perform tree maintenance services with West Coast Arborist, Inc. of Anaheim, California for Fiscal Year 2021-22.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The recommended amendment increases the authorized contract amount by $573,385 for Fiscal Year 2021-22 for tree maintenance services. The Fiscal Year 2021-22 Adopted Budget includes appropriations in the General Fund. The recommended amendment would bring the total not-to-exceed amount to $8,144,156 over Fiscal Years 2014-22.

BACKGROUND & ANALYSIS:

The Fiscal Year 2021-22 Adopted Budget includes appropriations for scheduled city tree maintenance services with a goal of keeping trees on a 5-year grid trim cycle. In light of last year’s windstorms, Public Works’ Grid Pruning Program was in need of a budget appropriation increase to maintain the City trees to this 5-year grid trim cycle. The budget appropriation increase was approved during the FY 2021-22 First Quarter Budget Update. The amendment amount of $573,385 will allow Staff to keep tree trimming on a 5-year cycle. 1156
Department: Fire Department
Prepared By: Jordan T Villwock
Staff Member Presenting:

Ray Gayk, Fire Chief
Reviewed By: Janny Phan
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:

AGREEMENT TO PROVIDE FIRE DISPATCH SERVICES TO THE CITY OF CORONA

CITY OF ONTARIO
Agenda Report
February
1, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager to execute an agreement (on ﬁle with the Records Management Department) with the City of Corona for the Ontario Fire Department to provide ﬁre dispatch services and recover associated costs and fees from the City of Corona.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There are no additional funds requested to provide ﬁre dispatch services to the City of Corona. All start-up costs required to integrate Corona Fire Department into Ontario Fire Dispatch will be borne by the City of Corona. The agreement would bring approximately $430,000 in annual revenue based on a "per call cost" with the City of Corona.

BACKGROUND & ANALYSIS:

The Ontario Fire Department previously provided ﬁre dispatch services to several San Bernardino County west-end fire agencies and in 2019 the last agency, Chino Valley Fire Protection District, left to obtain this service from the County's ﬁre dispatch center (CONFIRE). In the past few years, the Ontario Fire Department has taken technological leaps to improve the delivery of ﬁre service to the residents and visitors of Ontario. The technology advancement coupled with the excellent customer service our ﬁre dispatchers provide has driven other fire departments desire to contract with Ontario Fire Dispatch for fire dispatch services.

On January 19, 2022, the City of Corona City Council approved the agreement for the Ontario Fire Department to provide ﬁre dispatch services to the Corona Fire Department. The agreement with the City of Corona is for three (3) years with two (2) one-year extensions and would begin on a mutual agreed upon date during the ﬁrst quarter of Fiscal Year 22-23. With the development of Ontario Ranch, centralized dispatch for ﬁre agencies serving the west end of the Inland Empire offers operational benefits involving automatic and mutual aid. 1157
Department: Fire Department
Prepared By: Janny Phan
Staff Member Presenting:

Ray Gayk, Fire Chief
Reviewed By: Jordan T Villwock
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:

PURCHASE OF REPLACEMENT CARDIAC MONITORS

CITY OF ONTARIO
Agenda Report
February
1, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

Authorize the cooperative purchase and delivery of cardiac monitors in the amount of $942,000 from Zoll Medical Corporation of Chelmsford, Massachusetts, consistent with the terms and conditions of NPPGov Contract No. PS20200.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT:

The Fiscal Year 2021-22 Adopted Budget includes appropriations in the General Fund for the purchase and delivery of replacement cardiac monitors. The total not-to-exceed amount for the cardiac monitors is $942,000.

BACKGROUND & ANALYSIS:

A cardiac monitor is utilized during medical emergencies to monitor the electrical activity of a person's heart. During the monitoring, sometimes unusual electrical activity is detected. The cardiac monitor can perform lifesaving deﬁbrillation and synchronized cardioversion to convert the dangerous electrical rhythm into a normal safe rhythm. In addition to these lifesaving procedures, the cardiac monitor can detect heart attacks and provide real time feedback for performing CPR at the highest level, which ultimately helps save lives. These medical emergencies require equipment to be reliable and demonstrate a track record of excellence.

Implementing a new cardiac monitor that is innovative, progressive, and adaptable will ensure that the Ontario Fire Department continues to deliver the highest care possible to its residents and visitors.

The Ontario Fire Department has been utilizing PhysioControl Lifepak cardiac monitors since 1976 when we became an advanced life support department. This technology has become outdated due to advancements in the industry and the City is the only ﬁre agency in San Bernardino County who is currently using Lifepak. In 2019, PhysioControl was purchased by Stryker, Inc. who specializes in manufacturing gurneys. Since Stryker, Inc. became the parent company of PhysioControl, Ontario Fire Department has had several customer service issues related to lack of service for cardiac monitors.

1158
In general conformation with the provisions of Government Code Section 54201 through 54204, Ontario Municipal Code Section 2-6.29 allows for the purchase of supplies and equipment through cooperative purchasing programs, pursuant to California Government Code Section 6502 and City of Ontario Resolution No. 91-141. Cooperative purchasing allows the City to pool its procurement power with other public agencies to obtain the lower pricing that otherwise might be possible. Zoll Medical Corporation was selected as the City's selection of choice based on their advanced technology.
1159
Department: Human Resources
Prepared By: Jeannette F Chavez
Staff Member Presenting:

Angela C. Lopez, Executive Director Human
Resources
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:

APPROVAL OF TWO-YEAR MEMORANDUM OF UNDERSTANDING(S)

ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR SPECIFIED

REPRESENTED EMPLOYEE GROUPS INCLUDING AMENDMENTS TO THE COMPENSATION AND BENEFITS PROFILE FOR UNREPRESENTED EMPLOYEES; APPROVAL OF ONE YEAR EXTENSION FOR SPECIFIED PUBLIC SAFETY GROUPS;

AND AUTHORIZE THE CITY MANAGER TO MAKE ANY NON-SUBSTNATIVE CHANGES WHICH MAY BE NECESSARY TO IMPLEMENTAITON.

CITY OF ONTARIO
Agenda Report
February
1, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve two-year Memorandum of Understanding(s) regarding wages, hours, and other terms and conditions of employment between the City of Ontario and the American Federation of State, County, & Municipal Employees Local 3061 and the Association of Ontario Management Employees from July 1, 2021 through June 30, 2023; approve amendments to the Compensation and Beneﬁts Proﬁles for Department Heads and Conﬁdential/Specialized Conﬁdential Employees eﬀective July 1, 2021; and contingent upon ratiﬁcation from speciﬁed groups, approve a one-year extension to the Memorandum of Understanding(s) regarding wages, hours, and other terms and conditions of employment between the City of Ontario and the Ontario Professional Fireﬁghters Association and the Ontario Fire Management Group pursuant to actions of these two groups to be taken the morning of February 1, 2022.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The estimated additional annual cost of the compensation changes across all funds during the two-year and one-year extension is $2,339,624 for FY 2020-21 and $2,386,425 for FY 2021-22. The estimated General Fund portion is $1,590,730 for FY 2020-21 with similar proportionate impact projected for the following ﬁscal year. Appropriations for the ﬁrst year of the agreement have been included in the Adopted Fiscal Year 2020-2021 Operating Budget. American Rescue Plan Act (ARPA) funds will be used for a one-time premium payment for the estimated amount of $4,685,000

1160
BACKGROUND & ANALYSIS:

Pursuant to the Meyers-Milias-Brown Act, the City has met and conferred in good faith concerning wages, beneﬁts, and working conditions with the American Federation of State, County, Municipal Employees Local 3061 and the Association of Ontario Management Employees for successor MOU's which expired on June 30, 2021. Each of those respective employee associations have agreed to a two-year agreement from July 1, 2021, through June 30, 2023, with the following salary and benefit terms:

American Federation of State, County, & Municipal Employees Local 3061 (AFSCME) : A 1.95%
general salary increase eﬀective July 4, 2021, a 2% general salary increase on July 3, 2022, and an increase to uniform reimbursement for the purchase of safety shoes to assist with the increasing cost. The proposed Memorandum of Understanding also includes cost neutral technical revisions.

In particular, the deﬁnition of an FLSA work week, deadline for submitting skills and certiﬁcation pay, jury duty notiﬁcation, and other changes that do not create a cost increase in comparison to the Memorandum of Understanding previously in place.

Association of Ontario Management Employees (AOME)
: A 2% general salary increase eﬀective July
4, 2021, and a 2% general salary increase on July 3, 2022. The proposed Memorandum of Understanding also includes technical revisions. In particular, language on direct deposit, procedures for underpayments, access to personnel ﬁles, and minor revisions to general provisions that do not create a cost increase in comparison to the Memorandum of Understanding previously in place.

Pursuant to the Meyers-Milias-Brown Act, the City has also met and conferred in good faith concerning wages, beneﬁts, and working conditions with the Ontario Professional Fireﬁghters Association and the Ontario Fire Management Group related to the amendment and extension of their current Memorandum of Understanding scheduled to expire on June 30, 2022. Each of these respective employee associations have agreed to a one-year extension of their current agreement from June 30, 2022 to June 30, 2023. In recognition of this extension of their current agreement, the City has agreed to the following salary terms:

Ontario Professional Firefighter Association (OFFA)
: A 2% general salary increase eﬀective January 2,
2022.

Ontario Fire Management Group (OFMG)
: A 2% general salary increase effective January 2, 2022.

It is also recommended that amendments be made to the current Compensation and Beneﬁts Proﬁle for Conﬁdential/Specialized Conﬁdential Employees and the current Compensation and Beneﬁts Proﬁle for Department Head Employees to coincide with the recommendations proposed for the AFSCME and AOME groups.

Compensation and Beneﬁts Proﬁle for Conﬁdential/Specialized Conﬁdential Employees:

These
amendments include a general salary increase of 2% on July 4, 2021, a 2% general salary increase on July 3, 2022, as well as minor technical revisions to the current Compensation and Beneﬁts Profile that do not create a cost increase.

Compensation and Beneﬁts Proﬁle for Department Head Employees:

These amendments include
1161
an increase of 2% for the salary range for each classiﬁcation in the Department Head Employee group eﬀective July 4, 2021, and an additional 2% increase to the salary range for each classiﬁcation in the Department Head Employee group eﬀective July 3, 2022. Minor technical revisions to the current Compensation and Benefits Profile which do not create a cost increase are also proposed.

Furthermore, the ARPA provides federal relief funds to local agencies for certain usage including that of essential
workers needed to maintain continuity of operations of essential critical infrastructure sectors, including state, local, or Tribal government workforce. in recognition of the
diligent work performed by employees in these respective groups during the COVID-19 pandemic, and the essential services provided to the community, a one-time premium payment is recommended for each full-time employee in the amount of $10,000 for those assigned to the Police Department or Fire Department; and $7,500 for those assigned to all other City of Ontario Agencies. The approximate total amount of the one-time premium for each group is as follows:

American Federation of State, County and Municipal Employees Local 3061 - $1,512,500

Association of Ontario Management Employees - $647,500

Confidential/Specialized Confidential Employees - $560,000

Department Head Employees - $210,000

Ontario Professional Firefighter Association - $1,550,000

Ontario Fire Management Group - $100,000

The City and identiﬁed groups recognize the importance of maintaining the City's ﬁscally conservative approach while also providing a competitive compensation and beneﬁts package to is employees. The proposed agreements, including amendments represent a fair and equitable contract for employees and the City while ensuring that the City continues to attract and retain a highly qualified and productive workforce committed to serving our community. 1162

Memorandum
of
Understanding

Between

American Federation of
State, County & Municipal
Employees Local 3061

And

City of Ontario

July 1, 2021
through
June 30, 2023

1163
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Page 2 ends

Table of Contents
ARTICLE 1. ADMINISTRATION ........................................................................................................................ 4 SECTION 1.01 PARTIES TO THE AGREEMENT ........................................................................................................ 4 SECTION 1.02 RECOGNITION ............................................................................................................................... 4 SECTION 1.03 CITY PERSONNEL RULES .............................................................................................................. 4 SECTION 1.04 MOU DISTRIBUTION ..................................................................................................................... 4 SECTION 1.05 EFFECT OF MOU .......................................................................................................................... 4 SECTION 1.06 DEFINITIONS ................................................................................................................................. 5 SECTION 1.07 MANAGEMENT RIGHTS .................................................................................................................. 6 SECTION 1.08 EMPLOYEE RIGHTS ....................................................................................................................... 7 SECTION 1.09 CONTRACT WORK ........................................................................................................................ 7 SECTION 1.10 NEW DEPARTMENTAL WORK RULES .............................................................................................. 7 ARTICLE 2. EMPLOYMENT PROVISIONS ...................................................................................................... 7 SECTION 2.01 PROBATIONARY PERIOD ................................................................................................................ 7 SECTION 2.02 HOURS OF WORK ......................................................................................................................... 8 SECTION 2.03 TRANSFERS .................................................................................................................................. 9 SECTION 2.04 PROMOTIONS/APPOINTMENTS ....................................................................................................... 9 SECTION 2.05 TEMPORARY EMPLOYEES ............................................................................................................ 10 SECTION 2.06 LAYOFF PROCEDURES ................................................................................................................ 10 ARTICLE 3. CLASSIFICATIONS ..................................................................................................................... 11 SECTION 3.01 CURRENT / CHANGED CLASSIFICATIONS ...................................................................................... 11 SECTION 3.02 HIGHER CLASSIFICATION WORK .................................................................................................. 12 SECTION 3.03 CLASSIFICATION REVIEW ............................................................................................................ 12 SECTION 3.04 CLASSIFICATION REVIEW APPEAL ................................................................................................ 12 SECTION 3.05 COMPENSATION AND CLASSIFICATION STUDIES ............................................................................ 13 ARTICLE 4. COMPENSATION ........................................................................................................................ 13 SECTION 4.01 SALARY ...................................................................................................................................... 13 SECTION 4.02 SALARY SCHEDULE ..................................................................................................................... 13 SECTION 4.03 OVERTIME .................................................................................................................................. 13 SECTION 4.04 COMPENSATORY TIME ................................................................................................................ 14 SECTION 4.05 STANDBY ................................................................................................................................... 14 SECTION 4.06 SHIFT DIFFERENTIAL ................................................................................................................... 16 SECTION 4.07 FATIGUE PAY / TIME OFF ............................................................................................................ 16 SECTION 4.08 SKILLS AND CERTIFICATIONS ....................................................................................................... 16 ARTICLE 5. LEAVES – PAID AND UNPAID ................................................................................................... 18 SECTION 5.01 HOLIDAYS .................................................................................................................................. 18 SECTION 5.02 VACATION .................................................................................................................................. 20 SECTION 5.03 SICK LEAVE ................................................................................................................................ 21 SECTION 5.04 PERSONAL LEAVE ....................................................................................................................... 22 SECTION 5.05 BEREAVEMENT LEAVE ................................................................................................................. 22 SECTION 5.06 FAMILY MEDICAL LEAVES ............................................................................................................ 23 SECTION 5.07 CATASTROPHIC LEAVE ................................................................................................................ 23 SECTION 5.08 JURY DUTY ................................................................................................................................ 24 ARTICLE 6. BENEFITS .................................................................................................................................... 24 SECTION 6.01 HEALTH INSURANCE CONTRIBUTION ............................................................................................ 24 SECTION 6.02 CITY CONTRIBUTIONS TO CAFETERIA PLAN BENEFITS .................................................................. 25 SECTION 6.03 INSURANCE COMMITTEE .............................................................................................................. 26 SECTION 6.04 FLEXIBLE SPENDING ACCOUNTS .................................................................................................. 27 SECTION 6.05 RETIREMENT .............................................................................................................................. 27 SECTION 6.06 DEFERRED COMPENSATION ........................................................................................................ 28 SECTION 6.07 UNIFORMS .................................................................................................................................. 28 SECTION 6.08 EMPLOYEE ASSISTANCE PROGRAM ............................................................................................. 28 1164
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Page 3 ends

SECTION 6.09 MEALS DURING EMERGENCY WORK SITUATIONS ......................................................................... 28 SECTION 6.10 USE OF ELECTRICAL SERVICE VEHICLE ....................................................................................... 29 SECTION 6.11 TOOL REPLACEMENT .................................................................................................................. 29 SECTION 6.12 TUITION REIMBURSEMENT ........................................................................................................... 29 SECTION 6.13 COMMERCIAL DRIVER’S LICENSES ............................................................................................... 30 ARTICLE 7. DISCIPLINARY PROCEDURE .................................................................................................... 30 SECTION 7.01 DUE PROCESS AND EMPLOYEE REPRESENTATION ....................................................................... 30 SECTION 7.02 DISCIPLINE ................................................................................................................................. 31 SECTION 7.03 EXCEPTIONS .............................................................................................................................. 32 SECTION 7.04 PROGRESSIVE DISCIPLINE........................................................................................................... 32 ARTICLE 8. GRIEVANCE PROCEDURE ........................................................................................................ 32 SECTION 8.01 DEFINITIONS ............................................................................................................................... 32 SECTION 8.02 UNION GRIEVANCE ..................................................................................................................... 33 SECTION 8.03 LEVEL I - INFORMAL .................................................................................................................... 33 SECTION 8.04 LEVEL II – FORMAL ..................................................................................................................... 33 SECTION 8.05 LEVEL III .................................................................................................................................... 34 SECTION 8.06 LEVEL IV .................................................................................................................................... 34 SECTION 8.07 LEVEL V – ARBITRATION ............................................................................................................. 35 SECTION 8.08 GENERAL PROVISIONS ................................................................................................................ 35 ARTICLE 9. REPRESENTATION .................................................................................................................... 36 SECTION 9.01 AGENCY SHOP ........................................................................................................................... 36 SECTION 9.02 MAINTENANCE OF MEMBERSHIP .................................................................................................. 37 SECTION 9.03 RECORDS ................................................................................................................................... 37 SECTION 9.04 INDEMNIFICATION ........................................................................................................................ 37 SECTION 9.05 UNION STEWARDS ...................................................................................................................... 37 SECTION 9.06 RELEASE TIME ........................................................................................................................... 37 SECTION 9.07 ACCESS TO WORK LOCATION ...................................................................................................... 39 SECTION 9.08 SHIFT CHANGES FOR UNION MEETINGS ...................................................................................... 39 SECTION 9.09 UNION/MANAGEMENT MEETINGS ................................................................................................. 39 SECTION 9.10 BULLETIN BOARDS ...................................................................................................................... 40 SECTION 9.11 NEW EMPLOYEE ORIENTATION .................................................................................................... 40 ARTICLE 10. GENERAL PROVISIONS ............................................................................................................ 40 SECTION 10.01 PERSONNEL FILES ...................................................................................................................... 40 SECTION 10.02 SAFETY PROGRAM...................................................................................................................... 41 SECTION 10.03 SEPARABILITY ............................................................................................................................ 41 SECTION 10.04 PEACEFUL PERFORMANCE OF CITY SERVICES ............................................................................. 42 SECTION 10.05 DIRECT DEPOSIT AND ELECTRONIC PAY ADVICE .......................................................................... 42 SECTION 10.06 DURATION AND IMPLEMENTATION ................................................................................................ 42 ARTICLE 11. FINAL SIGNATURES .................................................................................................................. 43 APPENDIX A.

SALARY GRADE TABLE

APPENDIX B.

GRIEVANCE FORM

1165
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Page 4 ends

Article 1. ADMINISTRATION
Section 1.01 Parties to the Agreement
This Memorandum of Understanding (hereinafter known as MOU) is made and entered into by and between the City of Ontario (hereinafter known as the City) and the American Federation of State, County and Municipal Employees (hereinafter known as the Union).

Section 1.02 Recognition
The City hereby formally recognizes the American Federation of State, County, and Municipal Employees as the exclusive Representative for those employees employed by the City and defined in Rule 1, Section 26 of the Personnel Rules and Regulations, in the following classifications:

CLASSIFICATION LISTING
Custodian Equipment Mechanic
Equipment Service Technician Facilities Maintenance Technician Fiber Field Technician Fire Equipment Mechanic
Helicopter Mechanic Integrated Waste Collector
Integrated Waste Lead Collector Integrated Waste Maintenance Worker Integrated Waste Service Representative Inventory Assistant Irrigation Maintenance Technician Park Maintenance Technician Maintenance Worker Senior Custodian
Parts Specialist Senior Equipment Mechanic
Senior Electrician Senior Facilities Maintenance Worker Senior Facilities Maintenance Technician Senior Helicopter Mechanic Senior Fire Equipment Mechanic Senior Park Maintenance Technician Senior Integrated Waste Collector Senior Parts Specialist Senior Park Maintenance Worker Senior Street Maintenance Worker Senior Street Maintenance Technician Street Maintenance Technician Senior Utilities Technician Utilities Service Representative Utilities Maintenance Worker Welder
Utilities Technician

Recognition is granted for the purpose of meeting and conferring on wages, hours, working conditions and general representation of employees defined within this section, which shall occur prior to any presentation for approval to the City Council.

Section 1.03 City Personnel Rules
It is understood and agreed that there exists within the City, in written form, the "City of Ontario Personnel Rules and Regulations" and the “Employment Policies” in the City’s Online Policy Center , which shall continue in effect, except for those provisions modified by this agreement, unless and until modified in accordance with state laws, orders, regulations, official instructions or policies. This section shall conform within the scope of MMBA.

Section 1.04 MOU Distribution
The City agrees to provide all current and new employees, covered by this agreement a copy of the MOU.

Section 1.05 Effect of MOU
A. The parties acknowledge that during the negotiations which resulted in this MOU, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from 1166
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 07/01/21– 06/30/23

Page 5 ends

the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU.

B. This MOU supersedes all previous Memoranda of Understanding.

Section 1.06 Definitions
A. Bargaining Unit
The employees defined in Section 1.02.

B. Calendar Year
C. The period of 12 consecutive months commencing on January 1 and ending on December 31 st.Fiscal Year
The period of 12 consecutive months commencing on July 1st and ending on June 30th.

D. Emergency
A circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.

E. Employee

1. Regular Employee - An employee in a full-time position who has completed the probationary period; excludes temporary and part-time employees.

2. Probationary Employee - An employee in a full -time position who has not completed their probationary period.

F. Seniority
For the purposes of this MOU, seniority in general terms shall be determined by the length of continuous full-time service within the City and then in each classification covered by this agreement with the City of Ontario. The determination of seniority shall not be affected by sick leave, temporary lay-off, vacation or other authorized leaves of absence.

Seniority within classification shall be considered for purposes of vacation scheduling, scheduling of shift assignments, transfers, overtime scheduling and wherever specifically designated within existing provisions. An employee’s seniority date within c lassification begins upon hire or appointment to a classification and applies across all operational functions within that classification. In instances where an employee returns to a classification during the probationary period or within one year of attai ning regular status following appointment to a new classification, for whatever reason, the employee’s seniority in the prior classification will be restored. Continuous full-time service with the City will be used as a tie-breaker when employees have the same classification date. In those instances where employees have the same length of continuous full -time service, the employees with the lowest employee identification number will be deemed to be the most senior.

Such seniority shall prevail when all oth er factors are not significantly different. "All other factors" is defined as special qualifications, skills, reliability and safety. Such seniority shall be used in establishing initial schedules and in situations where a tie- breaker is required. It is not the intent of this provision to permit the bumping of less senior employees by more senior employees after an initial schedule is established.

G. Week
Seven consecutive calendar days beginning on Sunday and going through Saturday 1167
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 07/01/21– 06/30/23

Page 6 ends

H. Calendar Day
A 24-hour day beginning at 12:00 midnight and ending the following 12:00 midnight.

I. Working Day
A daily work period an employee is regularly scheduled to work each day.

1. An employee working a 5/8 work schedule would have an 8-hour working day;

2. An employee working a 9/80 work schedule typically has eight 9-hour working days, one 8- hour working day, and one flex day when the employee does not work during a two consecutive week period; and

3. An employee on a 4/10 work schedule would have a 10-hour working day.

J. FLSA Work Week
The work week for all schedules shall begin on Sunday and end on Saturday. The City may adjust the work week definition for alternative work schedules and designate a fixed beginning and end time based on the employee’s regularly assigned work schedule in compliance with the Fair Labor Standards Act.

The most common example of an alternative work schedule not using the Sunday through Saturday workweek is a 9/80 schedule, four (4), nine-hour days per workweek and one alternating eight-hour day (flex day worked)/regular day off (flex day off). Employees assigned a 9/80 schedule have a FLSA workweek designated as beginning four hours into their alternating regular day off or eight - hour day. An example 9/80 schedule is below.

Fri Sat Sun Mon Tue Wed Thur Fri

Week 1

9 9 9 9 4 = 40 hours
Week 2 4

9 9 9 9

= 40 hours
TOTAL = 80 Hours

Section 1.07 Management Rights
A. There are no provisions in the MOU that shall be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to entering into this understanding unless and only to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority.

B. The rights of the City include, but are not limited to:

1. The exclusive right to determine the mission of its constituent departments, commissions, and boards.

2. Set standards of service.

3. Determine the procedure and standards of selection for employment and promotion.

4. Direct its employees.

5. Relieve its employees from duty because of lack of work, or for other legitimate reasons.

6. Maintain efficiency of government operations.
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7. Determine the methods, means and personnel by which government operations are to be conducted.

8. Determine the content of job classifications.

9. Take all necessary actions to carry out its mission in emergencies.

10. Exercise complete control and discretion over its organization and the technology of performing its work.

11. To discharge, suspend, demote, reprimand, withhold s alary increases and benefits, or otherwise discipline employees for cause.

12. To establish reasonable employee performance standards, including, but not limited to, quality and quantity standards, and to require compliance herewith.

C. In accordance with the Myers-Milias-Brown Act (MMBA), the City acknowledges, prior to implementation, the obligation to meet and confer with the Union over the impact of the exercise of a City right upon wages, hours, and other terms and conditions of employment of its members unless the impact consequences of the exercise of a management right upon the union members is provided for in this MOU, Personnel Rules and Regulations or Departmental Rules and Regulations.

Section 1.08 Employee Rights
A. The City shall afford regular employees the proc edural due process safeguards set by statute and by the published decision of the California courts.

B. An employee shall have the right to Union representation when the employee reasonably anticipates that such a meeting is for the purpose of disciplining the employee, or is to obtain facts to support disciplinary actions that is probable, or that is being seriously considered. Prior to any such meeting, an employee’s waiver of the right to representation shall be documented in writing.

Section 1.09 Contract Work
In the event the City plans to contract out work or service(s) normally performed by bargaining unit employees which shall result in these employees having their work week reduced or in layoffs, the City and the Union shall meet and confer at least 30 days in advance of the effective date of the contract to review possibilities for absorption of affected employees in the Representation Unit into other jobs in the City's service. At the Union’s request, such meet and confer meetings shall consider the possibilities of absorption of affected employees into the workforc e of the contractor.

Section 1.10 New Departmental Work Rules
Any newly written department work rule which falls within the scope of MMBA, initiated, established and promulgated by the City shall be posted in the affected department five working days prior to the effective date with a copy sent to the Union President and Council 36 Representative.

Article 2. EMPLOYMENT PROVISIONS
Section 2.01 Probationary Period
A. Objective
The probationary period is to be regarded as an integral part of the testing procedures and shall be utilized for closely observing the employee's work and th e employee’s adjustment within the 1169
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organization. During the probationary period, the City shall endeavor to coach and provide direction to the employee to assess the employee’s adaptability to the City’s w ork environment and if they are fully qualified for employment in the classification. Upon extension of a probationary period the City will continue to provide direction to the employee in an effort to assist the employee in meeting the probationary requirements.

B. Length

a. An original appointment is defined as an appointment of a new hire, rehire, or temporary/part - time employee being appointed to a regular position. All original appointments shall be subject to a probationary period of 6 months.

b. A promotional appointment is defined as the appointment of a current full-time employee who is promoted into another full-time position. All promotional appointments for employees who have attained regular status in a prior classification shall be subject to a probationary period of six (6) months. Time served during a temporary promotion does not count toward the probationary period.

If a probationary employee is on leave for more than 30 consecutive calendar days during the probationary period, that employee’s probationary period shall be extended by the duration of the employee’s consecutive leave. The Department Head may extend an employee’s probation by up to six months upon written notice delivered to the employee prior to the completion of their original probation period.

C. Probationary Release
During the probationary period, an employee, who has not yet obtained regular status in any classification may be terminated from employment by the Department Head without cause and without right of appeal. The affected employee may request a meeting with the Department Head to discuss the reasons for release.

An employee who is rejected while serving a probationary period after promotion shall be returned to the employee’s former classification in which the employee previously passed probation.

Section 2.02 Hours of Work
A. Work Schedules

1. The City shall establish work schedules as may be necessary for the efficient and economical provision of services for the public and to make such adjustments in work shifts as are, from time to time, required.

2. The workweek shall normally consist of 40 hours of work within a period of seven consecutive days or 80 hours of work within 14 days, except as otherwise provided by law. All bargaining unit employees shall be scheduled to work beginning at regular starting times and ending at regular quitting times. Work schedules shall be communi cated to each affected employee indicating shift days and hours. Permanent changes in an employee's regular work schedule shall be communicated in writing to the employee at least 10 working days in advance of the implementation of such changes. This provision applies to regular permanent work scheduling and does not apply to situations identified in Section 4.03 Overtime.

3. It is understood that unusual conditions may create emergencies requiring immediate changes in work schedules. The City shall provide notice to affected employees of such work schedule changes as soon as possible prior to implementation. Whenever possible, said notice shall be within 24 hours or more of said change prior to implementation. Regular work schedules shall not be changed on the day of said change in work schedule for the purpose of avoiding payment of overtime. 1170
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Section 2.03 Transfers
A. A transfer is the movement of an individual from one department to another while remaining in the same classification with similar duties and responsibilities. A transfer may be affected at any time by the City Manager upon the recommendations of the Department Heads concerned or to meet the needs of the service. All transfers must be within comparable classes, and no person shall be transferred to a position for which he/she does not possess the minimum qualifications. A transfer shall not be used to circumvent the regulations surrounding promotion, demotion, advancement or reduction. If the employee being transferred has attained regular status in the employee’s classification, a new probationary period shall not be required. If a probationary employee is being transferred, the employee will be required to complete the probationary period based on the original end-of-probation date.

B. A job change is an employee’s voluntary movement into another classification at approximately the same salary range with different duties and qualifications. A job change may be affected at any time by the City Manager upon request of the employee and recommendations of the Department Heads concerned or to meet the needs of City service. An employee changing jobs must possess the minimum qualifications for the new classification. The probationary period requirement and return rights for job changes shall be the same as for promotions.

Section 2.04 Promotions/Appointments
A. Promotions From Within

1. The City shall reasonably strive to fill vacant positions on a promotional basis with employees from within. These promotional preference policies shall not apply to the following entry level classifications: Maintenance Worker, Solid Waste Maintenance Worker, Custodian, and Inventory Assistant.

2. The City may fill a vacant position within a classification by permitting lateral transfers on the basis of seniority by other employees within that classification provided that such a transfer in the judgment of management shall not be detrimental to the mission of that department. In the event such a transfer is not approved, the employee and the Union shall be notified of the reason therefore in writing within ten working days.

3. When a request to fill a vacant or new position has been approved by the Human Resources Department, a formal job bulletin shall then be issued by the Human Resources Department opening the position for 14 consecutive calendar days to solicit applications for promotional opportunities. Job bulletins shall be available on- line and posted in the Human Resources Department and at respective worksites. Job bulletins or other notifications shall also be provided to the union- designated officials in advance of the date the recruitment shall be opened. The Human Resources Department may concurrently solicit applications from current City employees (the “inside pool”) and on an open recruitment basis (the “outside pool”).

4. Applications from full -time employees in the inside pool shall be considered first. If the City determines it is necessary to consider applications of City part -time or temporary employees or from individuals in the outside pool, the affected Department Head shall first notify the Union President in writing the reason for choosing to do so.

5. The Human Resources Department is responsible for screening all applicants. Vacancies shall be filled on a promotional basis only after a promotional examination has been held and an eligibility list established. In those non-supervisory positions for which a written examination is not practical in management's judgment, promotions shall be on the recommendation of the supervisor and the Department Head and confirmed by the City Manager. Among the factors to be considered, but not necessarily limited to, are:
a. Knowledge, training, ability, skill, and efficiency. b. Ability to get along well with fellow employees.
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c. Ability to perform the essential functions of the position consistent with applicable laws. d. Attendance record, excluding leaves of absence protected by law (e.g. FMLA). e. Experience.
f. Seniority.

Where all factors are not significantly different, seniority shall prevail.

B. Promotional Preference
It is agreed that whenever management determines that a recruitment for a vacant position is to be filled promotionally only, preference shall be given to those employees in the department where the vacancy exists, then City wide, provided all other things are relatively equal. This provision shall be applicable only to those classifications represented by the Union.

Section 2.05 Temporary Employees
A. The City will fill vacant, authorized, full-time positions in a timely manner with regular full-time employees.

The City, on occasion, may require the use of temporary st aff (City or agency) to provide employment services on an extended basis. Such use of temporary staff shall not be for the purposes of “filling” full- time positions with temporary persons; rather, these instances are unique situation-specific occurrences that are intended to meet the City’s immediate operational needs. An employee cannot remain in this category for over six months without the express approval of the Human Resources Director.

B. It is also the City’s intent to provide due consideration of the City work experience obtained by temporary employees when such employees apply for full-time, regular City employment.

C. The City shall provide on a monthly basis, copies of invoices and claim forms relative to contractual temporary labor performing Union bargaining unit work in the Public Works Agency. Additionally, a listing of City temporary employees will be provided on a monthly basis.

Section 2.06 Layoff Procedures
A. The City Manager may layoff regular and probationary workers at any time for lack of work or ot her changes that have taken place. The employee and the Union are to be given two weeks’ notice before such a layoff is to take place. The City shall meet and consult with the concerned Union on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two-week period prior to the proper layoff action.

B. A demotion or transfer to another department with the City Manager’s approval may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification.

C. In the event of a layoff, those employees with the least service in the classification affected shall be laid off first and be placed on a “Recall List” and shall be eligible for recall for one year from the date of placement on the list; if a recall begins, the most senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully appri sed in advance. The order of layoff shall be:

1. Temporary employees in the affected classification shall be removed first.

2. Probationary employees in the affected classification shall be removed next.

3. Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have the ability to perform the work available.
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D. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less overall City (displacement seniority) seniority provided it is in a position in which the employee formerly held a regular status appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced the employee, and shall in the same manner, be eligible to displace to a position in a classification in which the employee formerly held a regular status appointment and is qualified by education and/or experience, and is capable of performing the duties of the classification.

E. Failure to return to work from the layoff within 15 calendar days after notice to return by certified or registered mail to the employee at their last known address on file with the City Human Resources Office or by personal delivery shall constitute the employee's waiver to return to work and eliminates any future re-employment responsibilities placed on the City.

Article 3. CLASSIFICATIONS
Section 3.01 Current / Changed Classifications
A. The job description and classification for each position represented by the Union shall continue in effect unless and until:

1. The job content is substantially altered as to the requirements for training, skill, responsibility, effort and working conditions.

2. The position is terminated.

3. The classification is placed in another unit. The classification shall not be assigned to a dif ferent unit without reasonable notice.

B. When an existing position is substantially altered, then the existing classification shall be processed in accordance with the following procedures:

1. The Human Resources Department shall develop a description, classification and evaluation of the position.

2. The proposed job description, classification and wage rate for the proposed classification shall be submitted to the Union.

3. Job descriptions shall reflect the general details considered necessary to describe the princ ipal functions of the job being described and shall not be construed as a detailed description of all of the work requirements that may be inherent in the job.

4. When the City determines that a reclassification of a position requires the incumbent to obtain a specialized license or certificate, or if such a requirement is established for the position by a federal or state agency during an employee's employment in the position, the City agrees to assume the cost for such certification or license including all necessary school costs. The City may pay directly or reimburse the employee if proof of cost is presented by the employee. The City shall not pay the cost of classes or application fees when an employee must repeat the process due to the employee’s inability to attain the certificate or license.

C. The City shall maintain a program of continual review of all job classifications making necessary revisions and reclassifications based on the findings.
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Section 3.02 Higher Classification Work
A. Any employee who temporarily performs the duties of a position in a higher classification for 80 cumulative hours shall continue to receive the employee’s normal rate of pay. Any subsequent work performed by the employee in the higher classification shall entitle the employee to receive a higher rate of pay with two exceptions:

1. If substantial time, more than 12 months, has elapsed since the employee has last performed the work of the higher classification, the supervisor may require a performance test not to exceed a normal days work at the employee’s normal rate of pay. (This time shall not be compensated at the higher classification pay.)

2. In the instances where new equipment or new operational procedures are involved, the supervisor may require a training period not to exceed two normal days work at the employee's normal rate of pay. (This time shall not be compensated at the higher classification pay).

B. The higher salary rate payable shall commence on the 81 st working hour following the temporary
assignment to the performance of d uties of the higher classification. The higher rate of pay shall be defined as a one step increase in pay or “Step 1” of the classification, whichever is higher.

C. In those instances where training is not involved, and if, in the supervisor's opinion, an employee is proficient in the higher classification, management has the authority to pay that employee at a higher classification pay rate without waiting 80 hours.

D. If an employee assumes or is scheduled to assume the preponderance of duties of a higher classification in excess of 12 consecutive months, then the Department Head shall either initiate filling the position, stop the out of class assignment, or obtain written authorization from the City Manager to continue the assignment.

Section 3.03 Classification Review
A. An employee may request a classification review of the employee’s position. Such request shall be forwarded through the line of supervision on the appropriate form to the Human Resources Director.

B. An employee shall not submit such a subsequent reques t prior to 18 months after completion of any previous classification review unless the employee's position has undergone a considerable change in duties and responsibility.

C. The employee shall be notified in writing of the classification review decision.

Section 3.04 Classification Review Appeal
A. An employee may appeal the decision of a classification review no later than 10 working days after such results have been provided to the employee. Such an appeal shall be filed with the Human Resources Office. Such an app eal shall include a detailed statement by the employee indicating the employee’s reasons for disagreement with the classification review decision.

B. A designated individual in the Human Resources Office shall hold a meeting with the employee no later than 14 working days after the classification review appeal filing. The designated individual shall not be the same person who conducted the initial classification review. This individual shall respond in writing to the employee no later than 21 working days after the meeting with the employee.

C. If the employee is not satisfied with the decision from Human Resources, the employee may appeal the decision t o the City Manager within 10 working days from Human Resource's response. The City Manager shall review and respond to the appeal within 10 working days of such appeal. The City 1174
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Manager's response shall be final.

D. Provisions within this section shall not be subject to the grievance procedures of this MOU.

Section 3.05 Compensation and Classification Studies Beginning summer 2021, the City agrees to survey five (5) AFSCME represented classifications, as selected by AFSCME each year. Salary surveys will include total compensation consisting of, but not limited to, salary, incentive pays, and indirect compensation of any benefit paid by the City. Salary survey results do not guarantee an adjustment in compensation and are for the purpose of providing an understanding of the market.

The agencies surveyed will include one water utility agency in the Inland Empire region which shall be comparable in the labor market by demographics, revenue, services provided, and size of the organization.

The parties will meet and confer on the comparable agencies.

The study will not include positions already scheduled to be studied as part of the total compensation survey funded by the City’s enterprise funds . The City will complete the initial study(s) by December 31, 2021 and provide the union with the results by February 1, 2022. The results of each subsequent year’s survey will be completed by December 31 of that year with the results provided to the union by February 1.

Article 4. COMPENSATION

Section 4.01 Salary
A. Effective July 4, 2021, employees within the unit will receive a 1.95% increase in base salary.

B. Effective July 3, 2022, employees within the unit will receive a 2% increase in base salary.

Section 4.02 Salary Schedule
Wages for various classifications shall be set forth in Appendix A attached to this MOU.

Section 4.03 Overtime
A. This section is applicable to overtime scheduled in advance and to emergency overtime as required to supplement employees on "standby" duty. It is understood that overtime assignments are made by classification within the department requiring the overtime.

B. The City reserves the right to schedule overtime work as required in a manner most advantageous to the City and consistent with the public interest and the requirement of municipal employment. The City further reserves the right to determine appropriate classification for overtime assignment, those qualified for assignment, and the ability to utilize employees within appropriate classifications from departments other than that requiring the overtime.

C. In the circumstances described in 4.03 (A), overtime shall be divided as equally as possible between all qualified employees within the affected classification and among those desiring to do the work.

D. In order to assure equal distribution of overtime, an o vertime list shall be established by classification within a department according to seniority. Annually the senior employee shall be given the first opportunity for an overtime assignment. After completion of an overtime assignment the senior employee shall move to the bottom of the list and not be offered an overtime assignment until each employee in the affected classification has been offered an overtime assignment.

E. In the interest of effective and efficient operation of the City it is understood that it may be necessary to make exceptions to the rotation policy, however, it shall be the intent that each employee shall have the opportunity to accept an amount of overtime work during the course of the fiscal year relatively equal in 1175
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time to that accepted by other employees within the same classification and department.

F. As an example of an exception to the rotation policy, each employee on standby duty shall be given a list of eligible employees available for emergency assistance. Each standby employee's list shall vary to some extent providing the opportunity for each qualified employee to be available for emergency overtime depending upon which standby person is on duty. Because of the emergency nature of the work the standby employee shall be allowed to select anyone including other standby employees when the requirement for assistance extends beyond the availability of appropriate employees on the list.

G. In the event no employee is willing to accept an overtime assignment, it shall be assigned by rever se order of seniority within a classification. In subsequent cases of unaccepted overtime, the next lowest employee in seniority within the classification shall be given the assignment with the intent being to divide equally all unaccepted overtime among affected employees.

H. Overtime shall be paid for time worked in excess of the employee's regularly scheduled daily shift or in excess of 40 hours in any one week at the rate of one and one-half (1½) times the normal hourly rate.

I. Overtime may be compensated in the form of pay or compensatory time.

Section 4.04 Compensatory Time
A. All accumulated Compensatory Time will be recorded in the employee’s Compensatory Time bank.

B. All unit employees may retain a balance of accumulated Compensatory Time not to exceed 240 hours at any given time.

C. Upon separation of employment with the City, the employee will be paid for all accumulated and unused Compensatory Time.

D. Employees may convert accumulated Vacation Leave and/or Compensatory Time hours to salary as provided for in Section 5.02(C).

Section 4.05 Standby
A. Standby duty assignments shall be rotated annually among employees qualified to perform such duties.

B. The determination as to an employee's qualifications shall be made by the Department Head or authorized representative.

C. Employees on standby duty will be used primarily for unanticipated or emergency work needs.

Anticipated assignments required outside of regularly scheduled work hours shall first be filled in accordance with the overtime provisions in Section 4.03. The City reserves the right to assign an employee on standby to perform such assignments in the event that an employee fails to appear as assigned.

D. Employees on actual standby duty are required to respond to call -outs within a reasonable period of time, depending on the nature of any particular call -out problem. In order to assure a reasonable response time, employees on actual standby duty are required to either carry a City -provided communication device or leave word with the Police Department Watch Commander where they can be reached by telephone when not at their place of residence. Employees on actual standby duty may transfer standby duties to another employee receiving standby pay. The employee’s immediate supervisor shall be notified of any such transfers.

E. Habitual failure to respond to call -out situations within a reasonable period of time, as determined by supervisory personnel, shall constitute grounds for disqualification from the standby program. 1176
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F. From those employees determined to be qualified and by seniority, a list of those employees qualified to perform standby duty shall be established. Those employees currently on the standby assignment shall be placed at the bottom of the list in accordance with their seniority, but behind less senior employees not on standby duty.

G. By seniority, each employee on the list shall have the opportunity to accept or decline standby duty. In the event the senior employees at the top of the list decline the standby assignment, their names shall be placed at the bottom of the list and the next senior employee shall be given the opportunity to accept or decline the assignment. This process shall be repeated until four individuals have accepted the assignment.

H. In the event no employee on the list accepts the assignment, the Department Head, or authorized representative, may appoint employees on the list in order of the least senior individual first; or, an individual not eligible to be on the list, but determined to b e qualified by the Department Head, may be appointed.

I. The individuals selected to serve on standby duty through the process set forth above shall continue in the assignment for a period not to exceed six months unless such individuals are reselected utilizing the procedures set forth above. The six month period shall commence each February and each August.

J. When four individuals have been selected, their order in the weekly standby rotation shall be determined by "luck of the draw." At the time of the draw employees may trade the order of rotation.

K. In the event an individual serving in a standby capacity is unable to complete the six month duty assignment, the individual's name shall be placed at the bottom of the list; the individual selected to
replace that person shall serve in the standby capacity for the remainder of the annual standby assignment period.

1. An individual selected from the top of the list to complete three or more months of an annual standby assignment, shall be placed at the bottom of the list upon completion of the annual standby assignment period.

2. An individual selected from the top of the list to complete three or less months of an annual standby assignment shall remain at the top of the list and shall be eligible for a full one- year standby assignment.

L. Compensation Provisions for Employees Assigned to Standby Duty

1. Any employee who is assigned to standby duty, shall receive $30 per day.

2. Any employee who is called back to work who is on standby, shall be paid at one- and-one-half (1½) times the employee’s normal hourly rate.

3. The time for call back begins when the employee receives the call. The time ends when the employee returns home.

M. Compensation Provisions for Employees Not Assigned to Standby Duty

1. Any employee who is not on standby and is called back to work, shall be guaranteed a minimum of two hours pay at the time-and-one-half rate.

2. An employee is considered called back to work if they have physically left the worksite and is required to return to the worksite. If an employee is not required to report the worksite, the employee will not be guaranteed a minimum number of hours but will be paid for the number of hours actually worked.

3. If an employee is required to report within one hour of their regularly scheduled start time or required to work continuously beyond the employee’s regularly scheduled end time, the employee shall not 1177
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be considered as called back to work.

4. The time for call back begins when the employee receives the call. The time ends when the employee finishes work.

Section 4.06 Shift Differential
The City shall pay a shift differential equivalent to 3% of base pay for all hours worked by an employee when a majority of the employee’s regularly scheduled shift hours occur before 7:00 A.M. or after 5:00 P.M.

Section 4.07 Fatigue Pay / Time Off
A. In response to an emergency or other special circumstance, the City may require that an employee work during the hours between 10:00 P.M. and 6:30 A.M. If an employee, not scheduled to work during this time period, is required to work at least thr ee (3) consecutive hours between 10:00 P.M. and 6:30 A.M. and has a regularly scheduled shift later that same day, the City will make all reasonable efforts to permit the employee to delay reporting for their scheduled shift by the equivalent number of hours (in quarter hour increments) that were consecutively worked by the employee between the hours of 10:00 P.M. and 6:30 A.M.. For an employee otherwise meeting the requirements above, who ends such unscheduled work at their normal scheduled start time, the City will make all reasonable efforts to provide the employee the option to continue working and then end their scheduled sh ift early by the equivalent number of hours (in quarter hour increments). The employee will be paid at the employee’s regular hourly rate of pay during the hours between the employee’s scheduled reporting time and the approved delayed or end reporting time. Such paid fatigue time shall be considered as hours worked for the purpose of calculating overtime.

B. An employee who works between 10:00 pm and 6:30 A.M. and otherwise meets the criteria outlined above but falls short of the required three (3) consecutive hours needed to trigger paid fatigue time may elect to take the same amount of time off without pay. The City will make all reasonable efforts to permit the employee to delay reporting for their shift by the equivalent number of hours (in quarter hour increments) that were worked by the employee between the hours of 10:00 P.M. and 6:30 A.M. For an employee otherwise meeting the requirements above, who ends such unscheduled work at their normal scheduled start time, the City will make all reasonable effor ts to provide the employee the option to continue working and then end their scheduled shift early by the equivalent number of hours (in quarter hour increments). This time off will be unpaid, unless otherwise covered by vacation or compensatory time. Any employee who utilizes their unpaid fatigue time may, where work is available, extend their shift by the amount equivalent to the fatigue time taken at the beginning or end of their shift.

C. An employee entitled to unpaid fatigue time under section 4.07(B) may request to use accrued vacation time or compensatory time toward any unpaid fatigue time.

D. This provision may be temporarily suspended at the discretion of the City Manager in the event that the employee is working as a Disaster Service Worker to aid in recovery operations.

Section 4.08 Skills and Certifications
A. Bi-Lingual

1. Employees assigned by the Department Head to perform bilingual translation as part of their regular duties, shall be entitled to bilingual differential pay. Such assignment shall be in written form. Such differential shall apply regardless of the total time required for such translation. Employees in such positions must be certified as competent in translation skills by the Human Resources Department to be eligible for compensation.

2. Employees eligible for bilingual pay shall receive $100 per pay period. 1178
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B. Notary Pay

1. Employees assigned by the Department Head to perform notary duties as part of their regular duties shall receive additional compensation. Each unit employee who meets t he eligibility requirements, and is designated by the applicable Department Head and Human Resources Department to receive notary pay, shall be compensated at the rate of $20 per pay period.

2. Unit employees receiving notary pay shall also maintain their com mission from the California Secretary of State. The City shall also pay for the cost of necessary stamps, journals, supplies, and fees associated with State and/or County requirements, as applicable.

C. Equipment Mechanics and Fire Equipment Mechanics

1. Employees in the equipment mechanic classifications are eligible for additional compensation at the rate of 3% of base pay for possession of certification as follows:

CLASSIFICATION

CERTIFICATION
Equipment Mechanic Possession of an ASE Certified Master Automotive Technician Certificate
Senior Equipment Mechanic
Fire Equipment Mechanic
Senior Fire Equipment Mechanic
Possession of an ASE Medium / Heavy Duty
Truck Master Technician Certificate

2. Those employees who have been receiving additional compensation for possession of only one of the two certifications will continue receiving such compensation until such time that their certification lapses without renewal. Should this occur, the employee will be required to possess both certifications, as identified in this section, to be eligible for the 3% additional compensation.

3. The Equipment Mechanics, Senior Equipment Mechanics, Fire Equipment Mechanics and Senior Fire Equipment Mechanics shall be eligible for 5% of base pay for possession of a California Smog Certificate. Eligibility for the aforementioned incentive pay shall be in accordance with the following guidelines.
a. The incentive pay shall be effective on the first day of the pay period following the employee's written request to the Municipal Services Director and presentation of proof of certificates. The written request must be submitted within 90 days of receiving the applicable certification or within 90 days of the completion of the employee’s initial probationary period if the certification was obtained prior to employment or during the initial probationary period. b. Educational incentive pay is not to be considered a part of the employee's base pay. In order to achieve and maintain the incen tive the employee must be performing in a satisfactory manner, with increased proficiency as demonstrated in merit reviews, and continue to maintain current active certificates.
c. Equipment Mechanics, Senior Equipment Mechanics, Fire Equipment Mechanics and Senior Fire Equipment Mechanics in all salary step ranges shall be eligible for educational incentive pay only after they have successfully passed the probationary period for regular employees. d. Employees on temporary status or in the initial probationary period shall not be eligible for educational incentive pay.
e. The maximum incentive pay attainable under this program is 8%. f. The City shall allow the employees in the above- mentioned classifications to take certification courses for the mentioned certificates in this provision not to exceed 30 hours/course during 1179
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work hours. To be eligible an employee must have passed probation and must provide the employee’s department at least 15 working days advance notice. The department shall attempt to accommodate the employee's request based on operational needs.

D. Welding – Utilities

A maximum of three eligible employees in the Utilities Department shall be eligible to receive compensation at the rate of 5% of base pay for passing a qualifying welding test. Employees i n the classification of Maintenance Worker/Meter Reader (formerly Maintenance Worker I) are not eligible.

Such test shall involve satisfactory performance of the following tasks in no more than two hours:

1. Cutting:
a. Two metal plates (8 inches by 8 inches by 1/8 of an inch thick); and b. An 18-inch section of 6-inch diameter metal pipe; and

2. Welding the bottom of a metal pipe 12 to 18 inches off the ground with in-plates and one coupling on the end of the in-plates.

To pass:

1. The cutting must be square and the correct length.

2. The welding requires the correct setting of gasses and the welding pipe must pass a standard pressure test.

Section 4.09 American Rescue Plan Act Premium
The American Rescue Plan Act (ARPA) provided federal relief funds to local government agencies for certain uses.

Among those uses include premium pay for employees who perform essential work during the COVID-19 pandemic.

In recognition of Ontario employees’ contributions and their continued diligence in providing essential services through the COVID-19 pandemic, active employees (with a probability of continued employment) as of 1/28/2022 will receive a one-time lump-sum payment as follows:

Assigned Agency (as of 1/28/2022) ARPA Payment Amount
Ontario Fire Department; and
Ontario Police Department $10,000.00
All other Agencies $7,500.00

The ARPA Premium Payment is not pensionable and is taxed in accordance with IRS.

The ARPA Premium Payment will be issued in a separate paper check on or before 2/11/2022.

Article 5. LEAVES – PAID AND UNPAID
Section 5.01 Holidays
A. The following paid holidays, except as provided in provision 5.01(B) below, shall be observed on the day 1180
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specified. Employees shall receive holiday hours in accordance with their regular workday.

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Day after the 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
B. For employees, any holiday listed in provision 5.01(A) which falls on Sunday shall be observed on the following Monday.

C. Any holiday occurring on an employee's regular day off, shall be compensated as straight compensatory time or pay, at the employee’s option, as follows:

1. Employees on an 8-hour per day work schedule shall receive 8 hours of compensation.

2. Employees on a 4/10 work schedule shall receive 10 hours of compensation.

3. Employees on a 9/80 work schedule shall receive compensation in accordance with their regular work day, as follows:
a. Employees shall receive the number of hours they were scheduled to work the day the holiday is observed (9, 8.5, or 8 hours).
b. If the holiday falls on the employee’s flex day or regular scheduled day off, the employee shall receive 9 hours of compensation.

D. Employees shall not be eligible for holiday pay for any pay period for which they have (1) an unapproved leave of absence the day after the holiday or (2) the employee is on a leave of absence without pay for the entire pay period.

E. Any employee who is r equired to work on a holiday shall receive one- and-one-half (1½) times the normal hourly rate.

F. At the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Years Day. During this time, employees shall use accrued time, excluding time from the sick leave bank, to cover the period of closure.

G. The Solid Waste Department normally shall not work on the following holidays:

New Year's Day January 1st
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
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Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Christmas Day December 25th
H. Should the City determine that operational needs require the Solid Waste Department and supporting elements in the Equipment Services Department to work on any one of the above holidays; such departments may work those days with a majority consensus of the affected employees.

Section 5.02 Vacation
A. Vacation Accrual Rates

1. Employees shall accrue vacation leave as follows:

Years of Service Hours
0 - 1 80
2 88
3 96
4 104
5 112
6 120
7 128
8 136
9 144
10 - 11 152
12 160
13 168
14 176
15 & More 184

2. Vacation shall be accrued based on paid hours on a pro-rated basis. For example, if an employee is paid for 40 hours in an 80- hour pay period, the employee shall earn one- half of the normal accrual. Paid hours include regular work time, compensatory time off, vacation leave, bereavement leave, sick leave, jury duty leave, per sonal leave, paid military leave, disciplinary leave and paid holidays. Paid hours do not include amounts paid by any other disability benefits.

B. Maximum Vacation Accrual
The maximum vacation accrual balance shall be 500 hours. Once the employee has a vacation accrual balance of 500 hours, no additional vacation hours will be accrued until the balance drops below 500 hours.

C. Vacation And Compensatory Time Cash-out

1. Employees may cash out accumulated Vacation Leave and/or Compensatory Time hours twice each calendar year. Such conversion of Vacation Leave and/or Compensatory Time hours shall be at the unit employee’s base rate of pay that is in effect at the time of such conversion and will be limited to a maximum of 200 hours each calendar year. Employees cannot cash- out accumulated Vacation 1182
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Leave balances below 40 hours.

2. Conversion requests shall be submitted on City forms to Payroll . The deadlines for conversion requests are as follows:

Request Due Date Payment
2nd Friday in May 1st payday in June
2nd Friday in November 1st payday in December
Section 5.03 Sick Leave
A. City employees are entitled to sick leave for:

1. Any bona fide illness or injury

2. Quarantine due to exposure to contagious disease.

3. Any treatment or examination including, but not limited to, medical, dental, ocular.

4. Time off to resolve issues related to the employee being a victim of domestic violence, sexual assault or stalking as defined in California Labor Code Section 230.

5. Personal Leave use as defined in Section 5.04

6. Death in the immediate family.

B. City employees may use up to 48 hours per calendar year of sick leave for illness within the employee’s immediate family in accordance with California Labor Code Section 233 (KinCare).

1. Immediate family for this provision includes the following relationships relative to the employee:
spouse; registered domestic partner; grandparent; grandchild; sibling; child (biological, foster, adopted, stepchild, legal ward, or child to whom the employee stands in loco parentis), the definition of child is applicable regardless of age or dependency status; parent (biological; foster; adoptive; stepparent; or legal guardian of the employee or the employee’s spouse or registered domestic partner, or person who stood in loco parentis when the employee was a minor.

2. If applicable, leave taken pursuant to this provision will be counted toward other family leaves.

3. The employee must inform the employee’s supervisor when requesting KinCare leave that the leave is being taken pursuant to this provision.

C. An employee is not entitled to sick leave for illness or injury while also engaging in business or activity for monetary gain or other compensation that would conflict with the illness or injury for which the employee has been granted sick leave.

D. Employees accrue sick leave at the rate of eight hours per month on a pro- rated basis based on paid hours as defined in Section 5.02 (A).

E. There shall be no limit on the amount of sick leave that may be accrued by a regular employee.

F. Sick Leave shall not be taken as vacation or compensated for in money at any time.

G. When an employee has been on sick leave, the City reserves the right to make an investigation of the illness if deemed necessary. A doctor's certificate may be required when there is reasonable cause to identify that abuse of sick leave exists or has taken place. On the first day of illness, the employee must notify the department before shift begins if the employee is to receive sick leave credit. 1183
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H. The first 24 hours of three days of sick leave taken during a calendar year shall be designated to comply with California Labor Code Sections 245-249 (Healthy Workplace/Healthy Family Act).

I. All determinations of sick leave shall be made by the Department Head concerned subject to the approval of the Human Resources Director.

Section 5.04 Personal Leave
A. An employee may use no more than three working days (as defined by the employee's regularly scheduled workday) of sick leave per fiscal year, as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made for:
a. Bereavement leave for other than members of the employee's immediate family. Immediate family for this provision is defined in Section 5.05(A)
b. Court appearances when required to be present.
c. Any other personal need requiring a leave during working hours when approved by the City Manager upon the recommendation of the Department Head or the Department’s authorized representative.

B. The employee must provide no less than two working days written notice for personal leave. Failure to provide such notice shall result in such leave to be taken without pay. The supervisor shall waive the two working day notice required provided the employee can demonstrate an urgent and justifiable reason for not providing the required notice.

C. Personal leave shall be charged at the employee's discretion against any unused sick leave, vacation, or compensatory time the employee has accumulated provided there is no conflict with the condi tions outlined above. Additional leave may be authorized by the City Manager from any leave accrued, or without pay.

Section 5.05 Bereavement Leave
A. In the event of a death in the employee's immediate family, the employee shall be granted three working days (as defined by the employee's regularly scheduled workday) paid bereavement leave. Immediate family for this provision is defined as spouse, children, parents, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in-law, father-in-law, stepfather, stepmother and stepchildren or any person who the employee has been assigned legal custody, or others required by Family Code Section 297 or successor legislation. Such bereavement leave shall not be charged against the employee's sick leave, vacation or accrued compensatory time.

B. A maximum of five working days (as defined by the employee's regularly scheduled workday) paid bereavement leave shall be granted if there is a death in the immediate family (as defined in Section

5.05(A)) outside the State boundaries. Such bereavement leave shall not be charged against the employee's sick leave, vacation or accrued compensatory time.

C. The employee shall be granted one working day (as defined by the employee's regularly scheduled workday) paid personal leave to attend the funeral of a close relative not in the employee's immediate family. A close relative is defined as an individual outside of the immediate family as defined in Section

5.05(A), who is an aunt, uncle, or cousin.

D. City employees may be excused by Department Heads to attend the funeral of deceased City employees without loss of pay.

E. The employee may be required to furnish evidence satisfactory to the City of the family member's death and the employee's relationship to the deceased family member.

F. In the event the employee requires additional time, three working days (as defined by the employee's 1184
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regularly scheduled workday) of sick leave may be utilized for bereavement leave provided the employee has sufficient sick leave availabl e. If the employee has no sick leave available, the additional three working days shall be taken without pay, or charged against the employee's vacation or compensatory time.

Section 5.06 Family Medical Leaves
A. Maternity, Paternity, and Family Care Leave shall be granted for up to 12 weeks in accordance with the California Family Rights Act of 1991 and the Family Medical Leave Act of 1993 and interpreted regulations for those respective statutes.

B. Female employees may also be eligible for up to 4 months of medical leave pursuant to California Pregnancy Disability Act. Pregnancy Disability Leave shall run concurrently with any approved Family Medical Leave Act (FMLA) leave.

C. Certification by the employee’s physician shall be required recommending the effectiv e day of the employee’s absence, and a full authorization to return to work upon completion of the leave D. Subject to such employee’s qualifications to perform the work, the employee shall be reinstated to the same classification she would have had prior to the maternity leave of absence.

E. The employee may utilize up to six weeks of paid sick leave for leaves of absence that fall under the guidelines of FMLA and CFRA. This paid sick leave may be in addition to any unpaid leave, which may be granted under the provisions of FMLA and CFRA. This sick leave shall be used prior to utilizing the unpaid leave provisions of applicable federal and state laws.

F. Employees on any type of leave are required to use all eligible leave accruals or the number of hours for full integration if integrating with disability programs up to 80 hours per pay period. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability or workers’ compensation payments.

Section 5.07 Catastrophic Leave
A. The City agrees to permit employees within the bargaining unit to contribute a portion of their accrued vacation, sick, and compensatory leave to another employee when such employee has suffered a catastrophic injury or illness.

B. The City also agrees to permit employees to contribute a portion of their accrued vacation and/or compensatory time to another employee when such employee is on an approved leave of absence due to the verifiable catastrophic injury or illness of the employee’s spouse, domestic partner, parent, or child.

C. All Catastrophic Leave transfers are subject to the following conditions:

1. The Human Resources Department shall review all requests from the receiving employee to determine eligibility for catastrophic leave prior to the receiving employee or the employee’s Department requesting donations.

2. Catastrophic injury or illness as used in this provision is defined as an unforeseen or sudden unexpected illness or injury requiring immediate attention.

3. The receiving employee shall be on an approved continuous leave of absence for over 40 hours due to the illness or injury. A statement from the employee’s or family member’s treating physician is required.

4. The receiving employee has exhausted all sick, vacation, and compensatory time, and is therefore facing financial hardship. The receiving employee must participate in any City disability benefits 1185
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for which the employee is eligible (e.g. short -term disability, long- term disabilit y, or workers’ compensation).

5. The total number of hours that can be donated to the receiving employee from all contributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

6. The contributing employee must have at least 96 hours of sick leave remaining after such contribution. The leave application rate shall be based on the contributing employee’s pay rate computed into a dollar value, which shall be adjusted proportionally to the receiving employee’s rate.

7. The transfers must be in whole hour increments. Donations shall be transferred in accordance with the recipient's needs.

8. The transfers are irrevocable, and shall be indistinguishable from other sick leave credits belonging to the receiving employee. Transfers shall be subject to all taxes required by law.

9. Transfers shall be made on a form prescribed by the Human Resources Department .

Section 5.08 Jury Duty
In the event any employee is summoned to any court during their scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant, the employee shall be released from their regular duties. The employee must notify their supervisor of their summons upon receipt and provide the date summoned. If the employee is selected to serve on a jury, the employee must notify their supervisor of the approximate time frame that will be served.

If an employee is called for jury duty, but not selected or otherwise released early, the employee shall immediately contact their supervisor to report their release from jury duty. The employee must return to work upon release from jury duty. The employee is not required to return to work if the reasonable amount o f time required for the employee to travel from the court location, or to change into work attire, would make it impossible for the employee to arrive to work with at least two hours remaining on the employee’s scheduled work shift. In the event of an emer gency situation, the supervisor may direct the employee back to work with less than two hours remaining on the employee’s scheduled work shift. With prior approval from the employee’s supervisor and if operational necessity permits, employees who would otherwise be required to return to work, may elect to use vacation or compensatory leave form the employee’s accrued “leave bank.”

Employees working the night shift shall have their scheduled temporarily changed to day shift for the period they are summoned, but otherwise are bound to the same reporting provisions.

Any fees for the performance of such service, excepting mileage or subsistence allowances, shall be remitted to the City. Upon return from jury duty, the employee shall present a certificate of service to their department.

This Section shall not apply when an employee is summoned or otherwise required to appear in court in the course of City business.

Article 6. BENEFITS
Section 6.01 Health Insurance Contribution
A. Health Insurance Contribution

The City shall contribute up to a maximum of $206.14 per month toward health insurance premiums for active and retired employees . This amount is inclusive of the minimum statutory employer contribution 1186
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under CalPERS medical (PEMHCA) for active and retired employees who choose to enroll in the City’s medical plan.

B. Retiree Supplemental Medical Insurance Contribution

Employees who retire from the City of Ontario on or after the ratific ation of this agreement, are actively enrolled in a CalPERS medical plan, have enrolled in the Retiree Medical Reimbursement Plan and are reflected on the monthly CalPERS medical billing shall receive a Retiree S upplemental Medical Insurance contribution of $50 per month in addition to the Health Insurance Contribution referenced in Section 6.01(A). The Retiree S upplemental Medical Insurance contribution shall increase to $55 per month, effective July 2018. The Retiree Supplemental Medical Insurance contribution shall increase to $60 per month effective July 2019.

Retirees who opt out of enrollment in the City medical plan will not receive the City’s Health Insurance contribution or the Retiree Supplemental Medical Insurance contribution.

C. Retirement Health Savings Plan
The Union and the City have agreed to explore options for implementing a tax deferred Retirement Health Savings Plan to assist employee’s savings for their post -employment health care needs. Begin discussion in July 2021 and both parties will make reasonable effort to move this to implement ation.

Section 6.02 City Contributions to Cafeteria Plan Benefits A. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental and vision benefits.

B. Employees must enroll in a City offered medical insurance plan unless the employee satisfies conditions of the eligible opt out arrangement below. The City’s lowest cost employee- only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act.

C. City Contribution: For eligible active employees who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01(A), shall be tiered, depending on the level of coverage selected by the employee using the CalPERS Rate Sheet for the Kaiser Plans for the Los Angeles Area Region.

An Eligible Employee who enrolls in any City-offered health plan will receive the City Contribution for the Kaiser Plan for the equivalent tier in which the employee enrolled.

For purposes of the Affordable Care Act’s employer mandate, the amount of the lowest cost plan offered to the Eligible Employee is considered a Health Flex Contribution. A Health Flex Contribution cannot be cashed out or applied to other benefits.

After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash.

If payments for the individual employee’s selected benefits exceed the City Contribution, the balance will be paid by salary deductions from the pay of the individual employee.

D. Cash-in-Lieu Option: An Eligible Employee will be eligible to receive cash-in-lieu of $390.00 per month instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied:

1. The employee signs a form attesting that the employee and the employee's Tax Family have the Alternative Required Coverage for the Opt-Out Period.
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a. Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt-out applies.
b. Alternative Required Coverage required means minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
c. Opt-Out Period means the plan year to which the opt-out arrangement applies.

2. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash- in-lieu.

3. The cash-in-lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this Section 6.02(C) are not otherwise satisfied.

E. Dental Insurance: Employees who enroll in the City’s dental plan shall receive an employer contribution of $35 per month. Employees who enroll in a City dental plan that costs less than the City’s $35 employer contribution may receive the excess amount in cash. Employees who do not enroll in the City dental plan will not receive the $35 employer contribution for dental premiums or cash.

F. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution equal to the actual employee-only plan premium, which shall be applied to employee coverage.

D. Eligible Employee Requirements

1. Employees must be regular full -time (i.e. scheduled for a minimum of 40 hours per week) and be in a paid status for a minimum of 15 hours per pay period to be eligible for the benefits of Section 6.01, unless the employee is receiving disability benefits. Paid status includes hours paid for regular work time, compensatory time off, vacation leave, bereavement leave, sick leave, jury duty leave, personal leave, paid military leave, disciplinary leave and paid holidays. The City will continue its cafeteria plan and health insurance contribution for a leave of absence due to the employees own illness or injury not to exceed a total of 26 consecutive pay periods.

2. If the leave of absence is not consecutive, the continuation of the contribution toward cafeteria plan benefits shall not exceed 26 pay periods total in an 18-month period.

3. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability or workers’ compensation payments.

E. Excess Cafeteria Plan Benefit Contributions
Any Cafeteria Plan Benefit Contributions not required to pay toward premiums shall be paid to the employee in taxable compensation.

F. Disability
The City shall pay 100% of the premium toward the City’s Disability Insurance Program for employees.

G. Life and Accident Insurance
The City shall pay a monthly life and accidental death and dismemberment insurance premium providing $50,000 basic life insurance and $50,000 accidental death and dismemberment insurance for each unit employee.

Section 6.03 Insurance Committee
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The City agrees to continue the insurance comm ittee that shall have a representative designated by the Union as one of its members. This committee shall have the responsibil ity to review the coverage in the appropriate insurance programs; to represent an employee who has a question to the company; and assist in the drafting of specifications.

The committee shall be composed of one representative from the recognized employee units and one representa- tive appointed by the City Manager. The Assistant City Manager shall be an ex -officio member of the committee and entitled to attend all meetings. The committee or any of its members may invite other individuals to participate as resource people whenever the need arises and prior notification is provided the committee chair.

Section 6.04 Flexible Spending Accounts
The City will offer Flexible Spending Accounts (FSA) to all unit employees. An FSA allows an employee to make pre-tax deductions for qualifying medical, dental and vision expenses, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service Code.

Section 6.05 Retirement
A. Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired before January 1, 2013 in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six months. CalPERS ultimately determines who is a classic member in compliance with the law.

2. Classic members shall be eligible for the 2.5% @ 55 Full and Modified Formula for Local Miscellaneous Members including integration with Social Security. This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

3. All classic members shall pay the employee’s contribution of eight (8%) percent as a pre- tax deduction to CalPERS.

B. New Member

1. A new member is defined as an employee who meets the definition of a “new” member for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013.

Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former members who have more than a six -month break in service. CalPERS ultimately determines who is a new member in compliance with the law.

2. New members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members including integration with Social Security.

3. The employee contribution for new members shall be one- half the normal cost, as determined by CalPERS. As of July 2013, the required employee contribution for new members is 6.25%. This amount will be adjusted periodically by CalPERS.

C. Optional Benefits for Classic and New Members
The City’s contract with the Public Employees’ Retirement System for retirement benefits includes the following optional benefits for both classic and new members:

1. Section 20903 – Two Years Additional Service Credit

2. Section 20965 – Sick Leave Credit

3. Section 21024 – Military Service Credit
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4. Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Industrial Disability

5. Section 21548 – Pre-Retirement Optional Settlement Death Benefit Section 6.06 Deferred Compensation
The City will contribute $45 per month to the Section 401(a) money purchase plan for all unit employees.

Employees may voluntarily participate in and contribute to the Section 457(b) deferred compensation plan in accordance with the plan provisions.

Section 6.07 Uniforms
A. The City will provide a specified number of uniforms, including a jacket, for each employee required to wear a uniform. The number and type of uniforms will be determined by the City for each classification, job assignments, and work schedule. Management agrees to consult with a Union committee on the color, selection, and number of uniforms. The final decision on all uniforms, however, shall remain with the Agency Head.

B. Employees who are required to wear safety shoes shall be reimbursed up to $ 150 per fiscal year for such shoes. Effective July 1, 2021, employees who are required to wear safety s hoes shall be reimbursed up to $200 per fiscal year for such shoes. The shoes shall meet ASTM or other industry- approved standards appropriate for the employee’s work assignment and classification , as determined by the Agency/Department Head and Human Resources Director.

C. City employees required to wear uniforms may, at their own expense, wear the foll owing substitute apparel:
a. A cotton T-shirt with a style and color approved by the Agency Head. b. Cotton pants closely approximating in color the polyester pants provided by the City. c. All optional uniform apparel shall be subject to review and approval by supervisory management personnel.

D. The City shall not permit payroll deductions for the purposes of purchasing uniform apparel.

E. The City will report for “classic” employees the monetary value of the City-provided uniforms to CalPERS as special compensation on a bi-weekly basis for Union employees who are required to wear uniforms pursuant to Section 6.06(A). The monetary value reported to CalPERS will be reviewed annually by the City based on the pricing for the rental and cleaning of uniforms in the contract between the City and the uniform vendor and will be adjusted accordingly when a change in the monetary value occurs.

Section 6.08 Employee Assistance Program
A. The City agrees to continue the employee assistance program for all employees represented by the Union.

Confidentiality
B. The parties agree that the EAP cannot be successful without absolute confidentiality regarding employee/family utilization of the program. Confidentiality shall be maintained in full compliance with State and Federal regulations.

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During emergency overtime situations, which extend over a period of four hours, the City shall make every effort to allow time for meals. If the emergency conditions or the location of the work site prevent the employees from leaving the work site for an adequate period of time, then meals shall be provided for the employees at City expense.

Section 6.10 Use of Electrical Service Vehicle
The City agrees to permit the current Senior Electrician and the current Electrician to drive the electrical service vehicle to and from their respective place of residence to the work site in order to facilitate the availability of said vehicle, tools and other essential equipment which may be required in the event of an emergency or work situation requiring the services of an electrician outside of normal work hours.

The Union and the specified employees agree and recognize that this privilege is granted solely for the convenience of the affected employees and not out of a necessity or by requirement of the City. The granting of this privilege shall not entitle the affected employees to additional compensation.

The City reserves the right to establish such rules and conditions as it determines necessary, and further, the Cit y reserves the right to unilaterally revoke this privilege if and when, in the judgment of the City Manager, this privilege is not in the best interest of the City.

Section 6.11 Tool Replacement
It is understood and agreed that employees in the following classific ations are required, as a condition of employment, to provide their own basic tools : Equipment Services Technician, Equipment Mechanic, Senior Equipment Mechanic, Fire Equipment Mechanic, Senior Fire Equipment Mechanic, Helicopter Mechanic, and Senior Helicopter Mechanic. Such tools may be determined by the City to be taxable property and therefore the possibility exists that the City may impose an assessment. Should this occur the City agrees to assume any such tax up to the value of five thousand dollar s ($5,000.00). It is also understood that the City's acquisition of new automotive or aeronautical equipment may require the employees to purchase new tools for the purpose of servicing such equipment. The City therefore agrees to provide new tools that are required as a result of the introduction of new automotive or aeronautical equipment into the City's fleet. Such tools shall be assigned to, and shall become the responsibility of the affected employees. Upon termination of employment with the City, the employee shall return all such assigned tools. The current policy of "fair wear and tear" and tool discount program shall remain in effect.

Section 6.12 Tuition Reimbursement
A. To provide encouragement for all unit employees to continue educational and career development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligible employee for the cost of tuition for academic courses that are determined to be job- related and subject to the following conditions:

1. Regular, full-time employees, that have successfully completed their initial probationary period are eligible.

2. The determination that the course is job related shall be made by the employee’s Department Head.

The employee shall provide a written explanation regarding how the cours e is related to and support their department or agency operations.

3. The course shall provide college- level credit, continuing education credi t, or certification from an accredited educational institution or professional certification body.

4. The employee is not eligible for assistance from any other source.

5. Submission and approval of the request for reimbursement must be completed at least 30 calendar 1191
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days prior to the start date of the course.

6. Tuition is the only expense that shall be reimbursable. No reimbursement shall be made for lab fees, books, travel costs, etc.

7. Classes shall not interfere with the employee’s normal work hours.

8. Certification of completion of the course with a passing grade must be obtained and submitted to the Human Resources Department within 60 calendar days after completion of the course.

9. The maximum reimbursement amount paid to an eligible employee shall not exceed $1,000 each calendar year. Subject to city-wide budget limitations.

B. Tuition reimbursement requests shall be submitted to the employee’s Department Head for a determination that the course is job- related. After such determination is made, the Department H ead shall forward the request to the Human Resources Department for processing. The Human Resources Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to the Human Resources Department. Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.

Section 6.13 Commercial Driver’s Licenses
The following provisions only apply to employees whose job classifications require them to obtain and maintain a commercial driver’s license (Class A or Class B).

A. Employees who obtain or renew a commercial driver’s license will be reimbursed by the City for the difference between the commercial driver’s license fee and the Class C driver’s license fee.

B. Employees will be allowed to complete the Department of Motor Vehicles commercial driver’s license process (DMV license exam and Department of Transportation medical certification appointments) during regularly scheduled working hours on City-paid time under the following conditions:

1. DMV and medical certification appointments will be scheduled with the intent to minimize operational impact, such as at the end of the work shift.

2. Employees will complete their medical certification exams at the City-provided clinic.

3. Employees will be required to obtain prior approval from their supervisor and shall submit a proof of attendance at appointments to their supervisor.

C. Employees who choose to complete their medical certification exams with their personal doctor will do so on their own time and at their own expense; City-paid time will not be provided in such instances.

Article 7. DISCIPLINARY PROCEDURE
Section 7.01 Due Process and Employee Representation A. The City shall afford regular employees the procedural due process safeguards as set out in the published decisions of the California courts.

B. An employee shall have the right of Union representation when the employee reasonably anti cipates that such a meeting is for the purpose of disciplining the employee, or is to obtain facts to support 1192
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disciplinary action that is probable, or that is being seriously considered. Prior to any such meetings, an employee’s waiver of the right to representation shall be documented in writing.

C. If the employee requests, an employee shall be permitted to have a union representative present when a manager/supervisor is discussing a Performance Improvement Plan with the employee.

D. Where specific misconduct is stated as the cause for City employment termination of an employee, who has regular status, upon written request made by the employee prior to the effective date of the termination, the employee is entitled to a hearing.

E. The City shall strive to keep an employee who is the subject of an ongoing investigation reasonably informed regarding the status of the investigation provided that such information does not interfere with the nature of the investigation.

Section 7.02 Discipline
A. The following disciplinary proc edure must be used for all serious disciplinary actions involving regular full time employees BEFORE the actions go into effect. Basically, the disciplinary procedure provides that:

1. The employee shall receive advance notice of the proposed disciplinary ac tion 10 working days before the action is to be implemented. The notification time frame shall begin the day after the notice of the proposed disciplinary action is served. The notice shall include:
a. The specific grounds, particular facts, reason and charges upon which the proposed action is based;
b. Any materials, reports, or documents upon which the action is based.

2. The employee and/or Business Agent shall receive notice of the reason for the administrative leave no later than eighty (80) hours after being placed on administrative leave, unless the employee is involved in an administrative investigation. If the employee is placed on administrative leave pending an administrative investigation, the employee will receive notice regarding the nature of the investigation prior to the administrative interview. The administrative interview will be conducted within a reasonable amount of time.

3. The employee shall have the right to respond to the proposed disciplinary action, orally or in writing, and shall have such responses considered by an independent reviewer of the proposed action.

Such review shall be conducted by the Agency Head for the employee’s department prior to the imposition of the disciplinary action. If the Agency Head is proposing the disciplinary action, an alternate City Agency Head shall conduct the review.

4. Following the review of the proposed action, the Human Resources D irector shall serve on the employee, by personal email (if available) , registered mail or personal delivery, a statement informing the employee of the grounds for the decision and the acts or omissions, which support the grounds. This statement shall also include the employee’s appeal rights.

5. The employee shall have 14 calendar days to file an appeal with the Human Resources Director.

6. Appeal Hearings:
a. Within 14 calendar days after a serious disciplinary action is imposed (as defined in Section

7.02(A)(6)), the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing.
b. The Hearing Officer shall be selected from a list of names provided by the American Arbitration 1193
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Association or the California State Mediation and Conciliation Service. The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 calendar days after receiving the list of potential Hearing Officers.
c. The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the Hearing. The City or the appellant may request that the Hearing be recorded. The Hearing Officer shall schedule the Hearing within 30 days after receiving the written materials.

The Hearing Officer shall notify the City and the appellant of the date, time, location and estimated length of the Hearing, at least 10 calendar days prior to the Hearing date. The Hearing Officer may require the submission of written closing statements at the close of the Hearing and prior to the issuance of a decision. Such closing statements must be submitted within 15 calendar days after completion of the Hearing. The time periods in this Section may be extended by mutual agreement of the City and the appellant. d. After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be issued within 30 days after the completion of the Hearing and the submission of closing statements, if required. The City or the appellant may request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request to review must be made in writing to the Human Resources Director within 30 calendar days after receipt of the Hearing Officer’s decision. If submitted to the City Council for review, the City Council may overturn, modify or uphold the Hearing Officer’s decision. The City Council’s decision shall be final. e. The cost of the Hearing Officer’s services shall be shared equally between the City and the appellant. Recording costs shall be borne by the requesting party or shared equally, if both parties request recording of the Hearing. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the Hearing.
f. If the appellant fails to attend a scheduled Hearing or fails to submit their portion of the costs of the Hearing, the appeal will be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.

7. This disciplinary procedure should be used for all serious disciplinary actions which are normally considered (1) demotions, (2) discharges, (3) reductions in pay, and (4) suspensions.

Section 7.03 Exceptions
The above procedure may be deviated from in circumstances where there is a need for immediate action. In such cases, an employee may be ordered off the job if the Employee’s conduct imperils the safety or welfare of the public, other employees, or said employee (i.e., drunkenness, violence, gross insubordination).

Section 7.04 Progressive Discipline
The City shall use the principles of progressive discipline, except in cases that are referred to in Section 7.03 of this Article.

Article 8. GRIEVANCE PROCEDURE
Section 8.01 Definitions
A. Complaint - The term "complaint" as used in this Article shall refer to a concern of an employee, which 1194
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arises from the application of a term of this MOU, existing City Rule(s), Regulation(s) or written policy(s) regarding hours, wages and conditions of employment.

B. Grievance - The term "grievance" as used in this Article refers to a written allegation that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this MOU, existing City Rule, Regulation(s) or written policy(s) regarding hours, wages and conditions of employment.

C. Grievant – The term “grievant” as used in this Article refers to a regular or probationary employee or the Union (recognized as the exclusive representative for unit employees) that alleges in a grievance that the employee has been directly wronged by a violation of a specific term of this MOU, existing City Rule, Regulation(s) or written policy(s) regarding hours, wages and terms and conditions of employment.

D. Immediate Supervisor - The term "immediate supervisor" as used in this Article refers to the appropriate non-bargaining unit supervisory or management person to whom the employee is accountable.

E. Representative - The term "representative" as used in this Article shall be an employee or representative of the Union who at the grievant's request may be present at Levels I through IV.

F. Respond and File - The terms "respond" and "file" as used in this MOU refer to personal delivery or deposit in the U.S. mail, postage prepaid or via personal email if available. If mail delivery is used, it shall be by certified, return receipt requested mail and the certified receipt date shall establish the date of response or filing. If personal delivery or email delivery is used, the calendar date of delivery shall establish the date of response or filing.

Section 8.02 Union Grievance
Grievances filed by the Union shall be filed directly in writing with the Human Resources Director. The Human Resources Director shall respond within 30 calendar days after receiving the grievance from the Union. If the response from the Human Resources Director is not accepted or if no response is received from the Human Resources Director, then the Union may file a Level IV grievance for review by the City Manager. The Union’s Level IV grievance review s hall be filed within fourteen calendar days after receiving the response from the Human Resources Director or expiration of the 30 calendar day response period. The procedures for Level IV and Level V grievance reviews shall apply to such Union grievances.

Section 8.03 Level I - Informal
A. An employee and/or employee's representative with the employee's consent shall have the right to present a complaint and to have the complaint heard by the immediate supervisor no later than ten working days after the event giving rise to the complaint, or no later than ten working days after the employee knew or reasonably should have known of the event giving rise to the complaint.

B. The employee and/or employee representative with the employee's consent, whenever possible, shall attempt to resolve the complaint informally with the immediate supervisor.

C. The immediate supervisor shall provide an answer to the employee no later than ten working days after the Level I meeting.

D. A resolution of the complaint at the informal level shall not be precedent setting.

Section 8.04 Level II – Formal
A. If the complaint is not resolved through Level I informal discussions, the employee and/or employee representative with the employee's consent may file a Level II grievance with the Department Head ( or highest level manager if no Department Head Level exists) no later than ten working days after the response of the immediate supervisor at Level I. The grievant shall state the following clearly and concisely on a grievance form provided by the City: (Appendix B) 1195
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1. the specific term(s) of the MOU, City Rule, Regulation or written policy regarding hours, wages and conditions of employment have been violated;

2. the action grieved, including names, dates, places and times and how it violated a specific term(s) of this MOU, City Rule, Regulation or written policy regarding hours, wages and conditions of employment;

3. the remedy sought;

4. the name and classification of the grievant and the employee’s signature;

5. the name of the representative, if any; and

6. the date of submission.

B. The Department Head ( or highest level manager if not Department Head level exists ) shall hold a meeting with the grievant and/or the grievant's designated representative at the grievant's request, at a mutually acceptable time and location no l ater than ten working days after the receipt of the grievance.

The Department Head ( or highest level manager if no Department Head Level exists ) shall respond in writing to the grievant within ten working days of the Level II meeting. The response shall be accompanied by the original grievance and accompanying documentation.

Section 8.05 Level III
A. In the event the grievance is not settled at Level II, the grievant and/or grievant's representative with the grievant's consent may file the Level III grievance with the Agency Head (Department Head if no Agency Level) no later than ten working days after the Level II response. The grievant shall include with the grievance a written statement indicating the reason that the proposed settlement at Level II was unsatisfactory. The Agency Head (Department Head if no Agency Level) shall hold a meeting with the grievant and/or grievant's representative at a mutually acceptable time and location. The Agency Head (Department Head if no Agency Level) shall respond to the grievant no later than ten working days after the receipt of the Level III grievance. The response shall be accompanied by the original grievance and accompanying documentation.

B. The grievant shall present at Level III all issues and written evidence known or which could have been reasonably known.

C. Amendments and/or modifications to the grievance shall not be made by the grievant after the Level III filing date, except by mutual agreement.

Section 8.06 Level IV
A. In the event the grievance is not settled at Level III, the grievant may file a Level IV grievance with the City Manager no later than ten working days after the receipt of the Level III response.

B. The grievant or the grievant's representative with the grievant's consent, or the City Manager or the City Manager’s designee (acting with the full authority of the City Manager) may request to meet with the other party at a mutually acceptable time and location within ten working days of receipt of the written grievance. The City Manager or the City Manager’s designee shall respond to the grievant no later than ten working days after the meeting or 20 working days after receipt of the grievance at Level IV. The response shall be accompanied by the original grievance and accompanying documentation.

C. If the grievance has not been settled at Level IV, then within ten working days after receipt of the Level IV written decision or the expiration of the time limits for making such decision, upon the request of the grievant, the Union may request arbitration by giving notice to that effect, by certified mail, return receipt requested, or personal delivery directed to the Human Resources Director. 1196
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Section 8.07 Level V – Arbitration
A. Unless the specific language of the MOU is in conflict, the arbitration procedure shall be conducte d in accordance with the rules of the American Arbitration Association.

B. The arbitrator shall be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association.

C. The cost of any arbitration proceeding shall be divided equally between the City and whoever has filed for arbitration.

D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration. Any cancellation or postponement fee shall be borne by the responsible party.

E. A final decision of award of the arbitrator shall be made within 30 calendar days after the close of the hearing. Such decision or award shall be subject to the approval of the City Council. Either party shall be given the opportunity to submit their arguments before the City Council with regard to the Arbitrator's "Findings of Fact," prior to such approval.

F. The cost of the arbitration, including advocate, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, however, shall be borne by the party who calls them.

G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this MOU, City Rule, Regulation, written policy regarding hours, wages and conditions of employment.

H. If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to heari ng the formal presentations of the parties on the merits of the grievance.

Section 8.08 General Provisions
A. Failure of the grievant to comply with the time limitations of this Article shall render the grievance null and void. Failure by the City Representative to timely respond under this Article shall permit the grievance to be filed at the next level, with notification submitted to the Human Resources Department.

B. Time limits set forth in this Article may be extended by mutual agreement.

C. The processing of grievances filed and unresolved prior to the effective date of this MOU may continue under the grievance procedure in effect at the time of the initial filing.

D. No punitive action shall be assessed against an employee for utilizing the grievance procedure.

E. Employees shall be granted release time not to exceed one hour for the purpose of discussing a potential grievance with their representative or preparing for a grievance which has been filed at Level II. Such release time for pre-grievance consultation or grievance preparation is applicable per grievance and its scheduling shall not interfere with department operations.

F. The City may consolidate at any level grievances on similar issues with the agreement of the Union.

G. Grievance records shall be filed separately from an employee's personnel file and shall be considered confidential.

H. A grievant may withdraw a grievance at any time. Upon withdrawal the grievant shall not file any subsequent grievance on that particular alleged incident.

I. Once the arbitrat ion process has begun, all other remedies shall be waived except as provided by 1197
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statute. A grievance may be expedited to arbitration by mutual consent of the parties.

J. No individual City Council member may be approached at any time the grievance is being processed.

K. In the event a grievant elects to represent themselves or is represented by other than provided by the Union, the grievant shall, in writing, notify the Union and the City of such decision. The Union shall be notified by the City of the nature, proposed solution and the resolution of the grievance. The names of employees and confidential information shall not be disclosed. Notification of the Union shall be made within one workweek following the final conclusion of the grievance.

L. Organizational channels shall be utilized at all times and participation in the grievance and the discussion of information related thereto shall be limited to the parties to the grievance except when such other persons are identified and/or called as witnesses.

M. The review of a proposed disciplinary action shall not be subject to these grievance procedures.

N. The City agrees to permit an employee and the designated Union Steward to consult concerning a potential grievance subject to obtaining approval from the employee’s first line supervisor. The Union agrees that this privilege shall not be utilized to prepare Level I grievances during working hours, but to simply consult with an employee and/or supervisor in order to avoid the necessity of processing a formal grievance, or to set an appointment between the Union Steward and the employee after working hours for the preparation of a legitimate grievance. The City agrees to encourage cooperation with the Union Stewards and employees in this regard, provided that the City shall not permit the effective and/or efficient operation of the City to be interfered with. The City retains the right to revoke this privilege at any time, provided that prior to taking any such action, the City agrees to consult with the Union in order to avoid the necessity of exercising this right.

O. A group of employees may file one grievance rather than individual grievances as long as the following conditions are met:

1. Each employee in the "group" grievance is individually named.

2. The grievable matter is exactly the same for each employee cited in the grievance.

3. The City is not obligated to conduct grievance hearings or provide grievance responses to each individual, but only to one of the employees involved who represents the group filing the grievance.

Article 9. REPRESENTATION
Section 9.01 AFSCME Deductions
A. Legislative Authority

The parties mutually understand and agree that pursuant to Government Code Section 3502.5, all unit employees represented by American Federation of State, County and Municipal Employees, Council 36, Local 3061 (hereinafter “Union”) have the right to join or not join the Union.

B. Administration

1. Dues deductions shall be in a uniform amount for all employees. The City shall also deduct an additional voluntary contribution for the AFSCME PEOPLE program, in one uniform flat dollar amount, for each employee that authorizes the deduction in writing. The City shall not deduct any pay for initiation fees, fines or any other special assessments. The effective date of the Union dues, 1198
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service fee, or charitable contribution shall begin no later than the fi rst full pay period after receipt of the appropriate documentation.

2. Any change in the amount deducted shall be by written authorization from the Union. Notification of any modifications to deduction amounts shall be received by the City not less than 10 calendar days prior to the effective date. Deduction modifications shall be effective the following paycheck.

Dues and other authorized deductions withheld by the City shall be transmitted each pay period to the officer designated by the Union in writin g and via email at the address specified in the letter of authorization.

3. The employee's earnings must be sufficient, after other legal and required deductions (including health care and insurance deductions ) are made, to cover the amount of the dues or service fees and other authorized deductions. When a member in good standing of the Union is in non- pay status for an entire pay period, no dues or other authorized deductions shall be made to cover that period from future earnings. In the case of an empl oyee who is in a non- pay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, a partial deduction shall be made provided that all other legal and required deductions have been made.

Section 9.02 Maintenance of Membership
All current employees who are members of the bargaining unit prior to the effective date of this agreement or become members during the life of this agreement shall remain as members in good standing of said Union for the duration of this MOU.

Section 9.03 Records
A. The City shall provide via email the President of the Union and Union Representative a monthly list of all employees in the bargaining unit, including the employee's classification title, base compensation, seniority date within classification, work location, hire date, home address, personal email address (if available) and personal cell phone (if available).

B. The City shall provide, on a monthly basis via email the President of the Union and Union Representative, copies of invoices and claim forms relative to contractual temporary labor perfor ming Union bargaining unit work in the Public Works Agency. Additionally, a listing of City temporary employees will be provided to the Union on a monthly basis.

C. The Union shall keep an adequate itemized record of its financial transactions and shall upon written request provide annually, to the City, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of an annual balance sheet and an operating s tatement, certified as to accuracy by its president and treasurer or accountant.

Section 9.04 Indemnification
The Union shall indemnify, defend, and hold the City of Ontario harmless against any claims made, and against any suit instituted against the City of Ontario on account of check off of employee organization deductions. In addition, the Union shall refund to the City of Ontario any amounts paid to it in error, upon presentation of supporting evidence.

Section 9.05 Union Stewards
Employees selected by the Union to act as Union representatives shall be known as "Stewards." The name of employees selected as Stewards, and the names of other Union representatives who may represent employees shall be certified in writing to the Human Resources Director by the local Union.

Section 9.06 Release Time
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A. An employee who serves as a steward or Union Executive Board Officer may be granted leave of absence from the City without pay for a period of four (4) days to six (6) months to attend conferences, conventions, or special training schools or perform other Union business. Such leave shall be for a period of four (4) days to six (6) months for not more than four (4) employees at a time. Each eligible employee may take two (2) leaves per year, not to exceed a total of six (6 ) months. Such requests shall be made at least seven (7) days prior to the start date. The City may deny such leave based on operational considerations.

B. This leave of absence shall be governed by the conditions for leaves of absence as outlined in Rule X , of the Personnel Rules and Regulations. This leave shall not constitute a break in service leaving seniority rights unimpaired.

C. With prior notification to the supervisor, of no less than one week, one Union Steward per Department employed by the City of Ontario shall be entitled to attend monthly general membership meetings, not to exceed 12 per calendar year and special meetings, not to exceed 1 per calendar year without loss of pay.

D. In lieu of section C, up to seven (7) Union Executive Board Officers shall be released up to one hour each month to attend Executive Board meetings.

E. The Union expressly recognizes that the City reserves the right to unilaterally discontinue this program at any time. However, the City agrees that prior to taking such actio n, the City shall meet and consult with representatives of the Union, the nature of the intended action. Such action shall not be arbitrary or used to interfere with lawful Union activities.

F. Bank of Hours

In order to ensure the City maintains control over public resources, a designee of AFSCME will notify Management in advance in writing of the need to release an employee and confirm the employee has been released. The Union shall provide advance notice no less than 48 hours prior to the commencement of union release time.

AFSCME shall designate employees and notify Management in advance in writing when a Released Employee is designated by the Union. Permission to leave official duties (City work assignment) will be granted unless the absence would cause an undue interruption of work. If such permission cannot be granted promptly, the Union will be informed when time can be made available.

G. Union Vacation Leave

1. The City agrees to provide release time in addition to Sections 9.06(A) through 9.06 (D) for employees for the purpose of conducting authorized Union business through leave deductions of employees. The amount of Union Vacation Leave shall be 2 hours per year times the number of contributing employees.

2. To fund this program, the Vacation Leave accruals for each employee shall be reduced each year by 2 hours the first full pay period in February. The City will notify the Union regarding how many hours were deducted. If an employee does not have Vacati on Leave to deduct, the Union will not receive credit for those hours. If the Union Vacation Leave balance at the beginning of the first full pay period in February is 700 hours or greater, then the vacation leave accruals will not be reduced for any employee for that year.

3. Employees authorized to utilize hours of Union Vacation Leave are members of the Executive Board to perform Union business in support of AFSCME members. Employees using Union Vacation Leave are subject to the departmental leave procedures. This time shall be used in a manner that does not disrupt the operations of the Department or Agency as determined by the Agency Head or their designee.

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4. Union Vacation Leave shall not be used for any actions in conflict with Section 10.04, Peaceful Performance of City Services or California Labor Code 1962.

5. Any time used shall be documented and tracked using procedures determined by the City.

6. The Union will provide the names of the Union’s Executive Board Officers to the Human Resources Agency, in writing, by January 1st of each year and at any time there is a change in the Board Officers.

Section 9.07 Access to Work Location

A. Access to employee work locations shall be granted officers/stewards of the Union and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such persons shall not enter any work location without the consent of the Department Head, the Department Head’s designee or the Human Resources Director.

B. Access shall only be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements. Such restrictions shall not be arbitrary or used to interfere with lawful Union activity.

C. Activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be permitted during working hours.

Section 9.08 Shift Changes For Union Meetings
All night shift union stewards have the option, subject to formal approval of the supervisor, to switch to a day shift, once per month, in order to attend union meetings. The night shift steward shall notify the supervisor at least one week in advance of the intended switch to a day shift for one working day.

Section 9.09 Union/Management Meetings
A. If either the Union or City feels that a need exists to meet, the Department Head and/or Agency Head and the Union- designated Steward(s) and/or Union Executive Board Member(s) agree to meet once a month for a maximum of one hour, in an effort to strengthen and improve the working relationships between management, supervisory personnel, employees, and the Union. The subject of the meeting may include but is not limited to, the clarification of rules, regulations, and policies of the Cit y; improved communication; the elimination of rumors and pressures which are detrimental to employee morale and the employer-employee relationship; the encouragement of joint solutions to problems of mutual concern; the strengthening and improvement of the use of existing and agreed upon procedures which serve to protect mutual interests.

B. Either party may contact the other when a meeting is desired in order to set a mutually agreeable date.

An agenda shall be submitted to each party 48 hours prior to the m eeting. The agenda shall include a brief discussion of each item to be discussed.

C. General Guidelines for these meetings shall be as follows:

1. It is not the intent of these meetings to serve as a substitute for other specific administrative, judicial, or quasi-judicial agencies.

2. No grievances being processed under another part of this MOU shall be discussed and no bargaining shall take place.
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3. Topics that could lead to grievances may be discussed.

4. Each topic shall be discussed fully and action reached before proceeding to another topic. Topics requiring further study may be tabled. When mutually satisfactory decisions are not reached, the parties may pursue such topics in any other manner that is lawful.

5. Only those topics on the agenda shall be discussed unless it is an emergency item, which may be added by mutual consent.

Section 9.10 Bulletin Boards
A. The City agrees to provide reasonable space on the following Bulletin Boards for Union notices:

B. No City equipment shall be used to reproduce materials posted on the bulletin boards. Union representatives may only remove postings by the Union.

C. It is understood and agreed that the space provided on the bulletin boards for Union use shall be only for the posting of formal notices of meetings, news bulletins, agendas and minutes, information concerning AFSCME elections or the results thereof ; AFSCME recreational and related social events ;names of representatives and officers of the Union. The bulletin boards shall not be used for posting or distributing literature concerning candidates for public office.

D. All material posted by the Union shall be identified as Union material or must be signed by a Union representative whose name is on file with the Human Resources Department. A copy shall be sent to the Human Resources Director prior to the posting.

Section 9.11 New Employee Orientation
Proving there are new employees, the City typically conducts orientation weekly. Once per quarter of the calendar year, the City shall release new unit members to attend an orientation session with the Union. During this orientation session, the Union will be allowed up to one (1) hour to meet with new Unit members and to explain the rights and benefits under this memorandum of understanding. The Union and the City will mutually agree as to the date, time, and location of the orientation session at least 10 days prior to the session.

Article 10. GENERAL PROVISIONS
Section 10.01 Personnel Files
A. The official personnel files shall be located in and/or maintained by the Human Resources Department.

The official personnel file shall consist of a physical file as well as a digital file within the City’s Human Resources Information System. Personnel actions (i.e. discipline, promotions) shall be based on documentation within such file.

B. Employees, during City Hall business hours with advance notice to Human Resources , have the right to have access to and copies of any document in the physical version of their official personnel file. The employee must coordinate the time required to review their file with their supervisor. Employees may be charged for cost of duplication of any materials in the personnel file for which they request copies.

Department

Location
Utilities
Solid Waste
Fleet Services
Parks and Maintenance
Utilities Bulletin Board
Solid Waste Bulletin Board
Fleet Services Board
Parks Bulletin Board
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C. The City shall provide employees with secured online access to the digital version of their personnel file, which includes the ability to view and print records within the file. The ability to access the digital version of the personnel file is subject to internet availability and may be restricted by the software provider during reasonable periods for maintenance and/or required updates.

D. Adverse statements prepared by the Employer shall not be included in such official personnel file unless a copy or online access to is provided to the employee. An employee shall have the right to respond in writing or personal interview to any information contained in their personnel file. Such a reply shall be filed with the original document and will remain in the personnel file so long as the adverse statement(s) are in said file.

Section 10.02 Safety Program
A. The City and the Union agree and recognize that there exist, Federal and State Safety rules, regulations and laws to assure safe working conditions.

1. The City recognizes that it has an obligation to provide a safe place of employment for all employees, including a duty to provide and utilize safety devices and safeguards which are reasonably necessary and adequate to render the place of employment and the employment itself reasonably safe.

2. The Union recognizes that in order to fulfill such obligations, the City has the right, as well as the obligation to establish and enforce such reasonable rules concerning the place of employment, safety devices and safeguards, as may be necessary to render the place of employment and the employment itself reasonably safe.

3. The Union and the City further recognize that it is the obligation and the duty of each employee to observe and otherwise comply with rules and regulations established by the City to render the place of employment and the employment itself reasonably safe.

B. The City and Union agree that the Safe Work Practices Group (SWPG) will include an equal number of management employees and AFSCME designated employee representatives. A representative from the Human Resources / Risk Management Department and the Agency designated Safety Coordinator shall facilitate the meetings and prepare meeting agendas. The purpose of the SWPG is to assist in the evaluation of safe work practices as part of the City’s safety program. The SW PG will meet monthly or quarterly, depending on need and perform the following functions:
• Review occupational accidents/injuries and submit recommendations to management for the prevention of future related incidents.
• In accordance with CalOSHA requirements, participate in and review results of periodic, scheduled worksite inspections to identify and evaluate hazards. • Discuss alleged hazardous conditions brought to the attention of any SWPG member. • Submit recommendations to Risk Management to assist in t he evaluation of employee safety suggestions.

SWPG members shall receive training upon appointment to the Group regarding the Injury and Illness Prevention Program (IIPP) and their role as a member of the SWPG. Additionally, SWPG members shall receive periodic training/informational sessions on various workplace safety topics.

C. Employees may report safety concerns via the Safety Hazard Reporting Form available on the City’s Intranet click here. Employees may present the completed Form to their supervisor to forward to the Department Head. The Department Head shall forward the Form to the Risk Management. Reported safety concerns shall undergo a review process similar to that prescribed in Section 10.02(B). Such review may include the employee’s Department Head, the City’s Risk Management Division, and the SWPG for the employee’s area.

Section 10.03 Separability
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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 07/01/21– 06/30/23

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If any article or section of this MOU shall be found to be in conflict with any statute or regulation of the United States or the State of California by a court of competent jurisdiction, such article or section shall be deemed null and void and of no further effect. However, such articles and sections shall be severable from the remainder of this MOU, and all other provisions hereof shall continue in full force and effect.

Section 10.04 Peaceful Performance of City Services
The Union, its officers, and/or members agree that they shall not cause or condone any illegal concerted effort during the term of this agreement, which affects the performance of their assigned duties and responsibilities.

Section 10.05 Direct Deposit and Electronic Pay Advice
A. All employees hired, promoted or demoted into a represented classification on or after July 1, 2020 must make and maintain arrangements for the direct deposit of paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements will be made within one month of the date of their hire, promotion or demotion. In cases where an employee is unable to make arrangements for electronic fund transfer, the Director of Human Resources may allow an exception. Any exceptions granted may be reviewed periodically for continuation, subject to the approval of the Director of Human Resources.

B. Employees receiving a direct deposit of their paycheck will receive an electronic pay advice. The electronic pay advice will be available for employees to view, save and print in the City’s human resources information system on the employee’s pay day.

Section 10.06 Failure to Maintain Driver’s License
Employees are required to obtain and maintain the minimum qualifications associated with the classification to which they are appointed, this includes possession of any required driver’s license. The employee must notify their supervisor no later than the next working day regarding any revocation, restriction or other changes to status of their driver’s license.

An employee whose driver’s license is unexpectedly revoked or restricted without a temporary replacement, may be placed on a thirty (30) calendar day leave subject to Human Resources and Department approval. During such leave the employee must use any accrued vacation or compensatory time.

If the employee fails to obtain the driver’s license during the 30 day leave, the employee may request to voluntarily demote in to a vacant position of equivalent or lower classification (at the same or lower salary scale) which does not require the licensing, from which the employee is excluded or does not possess, providing the employee meets the minimum qualifications to perform the duties. A new probationary period shall be completed unless a probationary period was successfully completed in such classification at an earlier time. If a position is not available which meets these guidelines, the employee will be subject to disciplinary action following the procedures outlined in Section 7. Discipline.

This section shall not apply to employees potentially requiring accommodation under ADA or FEHA.

Section 10.07 Overpayments, Recovery and Underpayments
In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall occur within the same time frame the overpayment was received by the employee or sooner at the employee’s discretion.

Either Human Resources, or the Payroll Department shall provide written documentation showing the calculations of the overpayment to the employee. A meeting may be requested by the employee with the Payroll Department to 1204
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 07/01/21– 06/30/23

Page 43 ends

review the documentation and to discuss the recovery schedule. The repayment schedule, biweekly repayment amount or alternative repayment method (including repayment from personal funds) will be documented in writing.

Extensions to the period for repayme nt of the overage or an alternative repayment method may be requested by the employee and are subject to the approval of the Executive Director of Finance or their designee. Extensions will be approved only in the case of extreme hardship, and the extended period for repayment will not be longer than one and one-half times as long as the overpayment period.

If the employee leaves employment prior to repayment of overage, the City shall recover the amount owed from the employee’s final pay. If the amount owed is greater than the employee’s final pay, the City shall initiate a collections process against the employee.

In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for w hich the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change Section 10.08 Duration and Implementation
A. This agreement shall upon ratification by both parties, become effective July 1, 2021 and remain in full force and effect up to and including July 1, 2023.

During the period in which this MOU is in full force and effect, should any recognized miscellaneous or sworn bargaining unit reach a signed agreement that results in that group receiving a general salary increase or other net compensation increase greater than what was negotiated as to members of the AFSCME unit, then the members of the AFSCME unit shall receive an equivalent general salary increase or a net compensation increase of a similar value. The City and Union shall meet and confer regarding the nature and applicability of a net compensation increase of a similar value. The parties agree and understand that there are differences in existing economic terms, and this provision only covers the overall economic value of the negotiated package in the 2021- 2022 successor MOU negotiations for the miscellaneous groups and the 2021- 2022 reopener negotiations for the safety groups, with all groups negotiating agreements that expire 6/30/23.

Article 11. FINAL SIGNATURES

CITY OF ONTARIO

Angela Lopez, Executive Director Human
Resources/ Risk Management
Date Reuben Reyes, President Date

Darlene Sanchez, Assistant City Manager Date
Richard Hernandez
Date

Jeannette Chavez, Assistant Director of Human
Resources/Risk Management
Date
Richard Salinas,
Date

Reed Sigler, Departmental Administrator Date Date
1205
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 07/01/21– 06/30/23

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Amaris Rodriguez, Human Resources Analyst Date
Edward Watson
Date

Luis Schmidt, Business Representative Date

1206

APPENDIX A - SALARY GRADE TABLE
2021-2023 AFSCME MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate 1 $18.33 $3,177.20 $18.70 $3,241.33
2 $19.24 $3,334.93 $19.63 $3,402.53
3 $20.21 $3,503.07 $20.62 $3,574.13
4 $21.21 $3,676.40 $21.64 $3,750.93
5 $22.27 $3,860.13 $22.72 $3,938.13
1 $25.95 $4,498.00 $26.47 $4,588.13
2 $27.26 $4,725.07 $27.81 $4,820.40
3 $28.62 $4,960.80 $29.20 $5,061.33
4 $30.04 $5,206.93 $30.65 $5,312.67
5 $31.55 $5,468.67 $32.19 $5,579.60
1 $23.50 $4,073.33 $23.97 $4,154.80
2 $24.67 $4,276.13 $25.17 $4,362.80
3 $25.89 $4,487.60 $26.41 $4,577.73
4 $27.20 $4,714.67 $27.75 $4,810.00
5 $28.55 $4,948.67 $29.13 $5,049.20
1 $24.43 $4,234.53 $24.92 $4,319.47
2 $25.69 $4,452.93 $26.21 $4,543.07
3 $26.94 $4,669.60 $27.48 $4,763.20
4 $28.30 $4,905.33 $28.87 $5,004.13
5 $29.70 $5,148.00 $30.30 $5,252.00
1 $32.58 $5,647.20 $33.24 $5,761.60
2 $34.20 $5,928.00 $34.89 $6,047.60
3 $35.89 $6,220.93 $36.61 $6,345.73
4 $37.70 $6,534.67 $38.46 $6,666.40
5 $39.58 $6,860.53 $40.38 $6,999.20
1 $28.66 $4,967.73 $29.24 $5,068.27
2 $30.09 $5,215.60 $30.70 $5,321.33
3 $31.61 $5,479.07 $32.25 $5,590.00
4 $33.19 $5,752.93 $33.86 $5,869.07
5 $34.84 $6,038.93 $35.54 $6,160.27
1 $39.58 $6,860.53 $40.38 $6,999.20
2 $41.55 $7,202.00 $42.39 $7,347.60
3 $43.62 $7,560.80 $44.50 $7,713.33
4 $45.81 $7,940.40 $46.73 $8,099.87
5 $48.11 $8,339.07 $49.08 $8,507.20
1 $20.85 $3,614.00 $21.27 $3,686.80
2 $21.88 $3,792.53 $22.32 $3,868.80
3 $22.98 $3,983.20 $23.44 $4,062.93
4 $24.13 $4,182.53 $24.62 $4,267.47
5 $25.35 $4,394.00 $25.86 $4,482.40
Equipment Service Technician
Facilities Maintenance Technician
Fiber Field Technician
Fire Equipment Mechanic
Helicopter Mechanic
Integrated Waste Collector
Equipment Mechanic
Approximate Salaries*
July 4, 2021 July 3, 2022
Custodian
* Actual rates will be calculated by the City's payroll system. Page 1 of 5 1207

APPENDIX A - SALARY GRADE TABLE
2021-2023 AFSCME MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $27.01 $4,681.73 $27.56 $4,777.07
2 $28.36 $4,915.73 $28.93 $5,014.53
3 $29.78 $5,161.87 $30.38 $5,265.87
4 $31.26 $5,418.40 $31.89 $5,527.60
5 $32.81 $5,687.07 $33.47 $5,801.47
1 $20.04 $3,473.60 $20.45 $3,544.67
2 $21.04 $3,646.93 $21.47 $3,721.47
3 $22.09 $3,828.93 $22.54 $3,906.93
4 $23.19 $4,019.60 $23.66 $4,101.07
5 $24.34 $4,218.93 $24.83 $4,303.87
1 $23.03 $3,991.87 $23.50 $4,073.33
3 $24.20 $4,194.67 $24.69 $4,279.60
2 $23.74 $4,114.93 $24.22 $4,198.13
4 $26.65 $4,619.33 $27.19 $4,712.93
5 $27.99 $4,851.60 $28.55 $4,948.67
1 $17.95 $3,111.33 $18.31 $3,173.73
2 $18.85 $3,267.33 $19.23 $3,333.20
3 $19.78 $3,428.53 $20.18 $3,497.87
4 $20.77 $3,600.13 $21.19 $3,672.93
5 $21.80 $3,778.67 $22.24 $3,854.93
1 $27.01 $4,681.73 $27.56 $4,777.07
2 $28.36 $4,915.73 $28.93 $5,014.53
3 $29.78 $5,161.87 $30.38 $5,265.87
4 $31.26 $5,418.40 $31.89 $5,527.60
5 $32.81 $5,687.07 $33.47 $5,801.47
1 $20.04 $3,473.60 $20.45 $3,544.67
2 $21.04 $3,646.93 $21.47 $3,721.47
3 $22.09 $3,828.93 $22.54 $3,906.93
4 $23.19 $4,019.60 $23.66 $4,101.07
5 $24.34 $4,218.93 $24.83 $4,303.87
1 $24.43 $4,234.53 $24.92 $4,319.47
2 $25.69 $4,452.93 $26.21 $4,543.07
3 $26.94 $4,669.60 $27.48 $4,763.20
4 $28.30 $4,905.33 $28.87 $5,004.13
5 $29.70 $5,148.00 $30.30 $5,252.00
1 $23.95 $4,151.33 $24.43 $4,234.53
2 $25.14 $4,357.60 $25.65 $4,446.00
3 $26.41 $4,577.73 $26.94 $4,669.60
4 $27.73 $4,806.53 $28.29 $4,903.60
5 $29.11 $5,045.73 $29.70 $5,148.00
Park Maintenance Technician
Parts Specialist
Maintenance Worker
Integrated Waste Lead Collector
Integrated Waste Maintenance Worker
Integrated Waste Service
Representative
Inventory Assistant
Irrigation Maintenance Technician
* Actual rates will be calculated by the City's payroll system. Page 2 of 5 1208

APPENDIX A - SALARY GRADE TABLE
2021-2023 AFSCME MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $22.14 $3,837.60 $22.59 $3,915.60
2 $23.24 $4,028.27 $23.71 $4,109.73
3 $24.39 $4,227.60 $24.88 $4,312.53
4 $25.60 $4,437.33 $26.12 $4,527.47
5 $26.90 $4,662.67 $27.44 $4,756.27
1 $32.58 $5,647.20 $33.24 $5,761.60
2 $34.20 $5,928.00 $34.89 $6,047.60
3 $35.89 $6,220.93 $36.61 $6,345.73
4 $37.70 $6,534.67 $38.46 $6,666.40
5 $39.58 $6,860.53 $40.38 $6,999.20
1 $28.66 $4,967.73 $29.24 $5,068.27
2 $30.09 $5,215.60 $30.70 $5,321.33
3 $31.61 $5,479.07 $32.25 $5,590.00
4 $33.19 $5,752.93 $33.86 $5,869.07
5 $34.84 $6,038.93 $35.54 $6,160.27
1 $27.01 $4,681.73 $27.56 $4,777.07
2 $28.36 $4,915.73 $28.93 $5,014.53
3 $29.78 $5,161.87 $30.38 $5,265.87
4 $31.26 $5,418.40 $31.89 $5,527.60
5 $32.81 $5,687.07 $33.47 $5,801.47
1 $22.14 $3,837.60 $22.59 $3,915.60
2 $23.24 $4,028.27 $23.71 $4,109.73
3 $24.39 $4,227.60 $24.88 $4,312.53
4 $25.60 $4,437.33 $26.12 $4,527.47
5 $26.90 $4,662.67 $27.44 $4,756.27
1 $31.67 $5,489.47 $32.31 $5,600.40
2 $33.25 $5,763.33 $33.92 $5,879.47
3 $34.91 $6,051.07 $35.61 $6,172.40
4 $36.66 $6,354.40 $37.40 $6,482.67
5 $38.49 $6,671.60 $39.26 $6,805.07
1 $43.73 $7,579.87 $44.61 $7,732.40
2 $45.92 $7,959.47 $46.84 $8,118.93
3 $48.21 $8,356.40 $49.18 $8,524.53
4 $50.63 $8,775.87 $51.65 $8,952.67
5 $53.15 $9,212.67 $54.22 $9,398.13
1 $23.03 $3,991.87 $23.50 $4,073.33
2 $24.20 $4,194.67 $24.69 $4,279.60
3 $25.40 $4,402.67 $25.91 $4,491.07
4 $26.65 $4,619.33 $27.19 $4,712.93
5 $27.99 $4,851.60 $28.55 $4,948.67
Senior Custodian
Senior Electrician
Senior Equipment Mechanic
Senior Facilities Maintenance
Technician
Senior Facilities Maintenance Worker
Senior Fire Equipment Mechanic
Senior Helicopter Mechanic
Senior Integrated Waste Collector
* Actual rates will be calculated by the City's payroll system. Page 3 of 5 1209

APPENDIX A - SALARY GRADE TABLE
2021-2023 AFSCME MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $27.01 $4,681.73 $27.56 $4,777.07
2 $28.36 $4,915.73 $28.93 $5,014.53
3 $29.78 $5,161.87 $30.38 $5,265.87
4 $31.26 $5,418.40 $31.89 $5,527.60
5 $32.81 $5,687.07 $33.47 $5,801.47
1 $22.14 $3,837.60 $22.59 $3,915.60
2 $23.24 $4,028.27 $23.71 $4,109.73
3 $24.39 $4,227.60 $24.88 $4,312.53
4 $25.60 $4,437.33 $26.12 $4,527.47
5 $26.90 $4,662.67 $27.44 $4,756.27
1 $26.47 $4,588.13 $27.00 $4,680.00
2 $27.79 $4,816.93 $28.35 $4,914.00
3 $29.17 $5,056.13 $29.76 $5,158.40
4 $30.63 $5,309.20 $31.25 $5,416.67
5 $32.17 $5,576.13 $32.82 $5,688.80
1 $27.01 $4,681.73 $27.56 $4,777.07
2 $28.36 $4,915.73 $28.93 $5,014.53
3 $29.78 $5,161.87 $30.38 $5,265.87
4 $31.26 $5,418.40 $31.89 $5,527.60
5 $32.81 $5,687.07 $33.47 $5,801.47
1 $22.14 $3,837.60 $22.59 $3,915.60
2 $23.24 $4,028.27 $23.71 $4,109.73
3 $24.39 $4,227.60 $24.88 $4,312.53
4 $25.60 $4,437.33 $26.12 $4,527.47
5 $26.90 $4,662.67 $27.44 $4,756.27
1 $28.05 $4,862.00 $28.62 $4,960.80
2 $29.45 $5,104.67 $30.04 $5,206.93
3 $30.96 $5,366.40 $31.58 $5,473.87
4 $32.46 $5,626.40 $33.11 $5,739.07
5 $34.09 $5,908.93 $34.78 $6,028.53
1 $24.43 $4,234.53 $24.92 $4,319.47
2 $25.69 $4,452.93 $26.21 $4,543.07
3 $26.94 $4,669.60 $27.48 $4,763.20
4 $28.30 $4,905.33 $28.87 $5,004.13
5 $29.70 $5,148.00 $30.30 $5,252.00
1 $22.98 $3,983.20 $23.44 $4,062.93
2 $24.13 $4,182.53 $24.62 $4,267.47
3 $25.35 $4,394.00 $25.86 $4,482.40
4 $26.59 $4,608.93 $27.13 $4,702.53
5 $27.93 $4,841.20 $28.49 $4,938.27
Utilities Maintenance Worker
Senior Parts Specialist
Senior Street Maintenance Technician
Senior Street Maintenance Worker
Senior Utilities Technician
Street Maintenance Technician
Senior Park Maintenance Worker
Senior Park Maintenance Technician
* Actual rates will be calculated by the City's payroll system. Page 4 of 5 1210

APPENDIX A - SALARY GRADE TABLE
2021-2023 AFSCME MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $25.36 $4,395.73 $25.87 $4,484.13
2 $26.60 $4,610.67 $27.14 $4,704.27
3 $27.94 $4,842.93 $28.50 $4,940.00
4 $29.33 $5,083.87 $29.92 $5,186.13
5 $30.79 $5,336.93 $31.41 $5,444.40
1 $25.39 $4,400.93 $25.90 $4,489.33
2 $26.65 $4,619.33 $27.19 $4,712.93
3 $27.99 $4,851.60 $28.55 $4,948.67
4 $29.38 $5,092.53 $29.97 $5,194.80
5 $30.86 $5,349.07 $31.48 $5,456.53
1 $23.51 $4,075.07 $23.99 $4,158.27
2 $24.69 $4,279.60 $25.19 $4,366.27
3 $25.90 $4,489.33 $26.42 $4,579.47
4 $27.22 $4,718.13 $27.77 $4,813.47
5 $28.56 $4,950.40 $29.14 $5,050.93
Welder
Utilities Technician
Utilities Service Representative
* Actual rates will be calculated by the City's payroll system. Page 5 of 5 1211

CITY OF ONTARIO

EMPLOYEE GRIEVANCE FORM

Bargaining Unit #6 – Miscellaneous Services
Employee Organization: A.F.S.C.M.E., Local 3061, AFL-CIO

Name(s):

Classification(s):

Phone: (w)
(h) Dept:

Home Address:

Employee Representative:

Rep. Phone:

Representative Mailing Address:

Employee Signature:

Check Filing Level

II - * Must be filed within 10 working days from Level I response. Date filed:

III - * Must be filed within 10 working days from Level II response. Date filed:

IV - * Must be filed within 10 working days from Level III response. Date filed:

* Timelines may be extended by mutual agreement.

Each filing must be accompanied by a written statement indicating the reason why the proposed settlement at the prior level was not satisfactory.

Provide clear and concise statements.

Cite specific term(s) of agreement, City Rule, Regulation, policy alleged to be violated:

Nature of the Problem (Please include pertinent names, dates, places and time of grievance):

Proposed Solution:

Date of Level I Response:

APPENDIX B
1212

FORMAL LEVEL RESPONSES

Level II Response: Department Head (Assistant Department Head if no Agency Level) - * Respond within 10 working days from meeting date. Return original grievance and accompanying documentation to grievant.

Name and Title:

Signature:

Date:

Level III Response: Agency Head
(Department Head if no Agency Level) - * Respond within 10 working days from receipt of grievance. Return original grievance and accompanying documentation to grievant.

Name and Title:

Signature:

Date:

Level IV Response: City Manager - * Respond within 20 working days from receipt of grievance. Return original grievance and accompanying documentation to grievant.

Name and Title:

Signature:

Date:

* Response time may be extended by mutual agreement.
1213

Memorandum of
Understanding

Between
Association of Ontario
Management Employees

And

City of Ontario

July 1, 2021

through

June 30, 2023

1214
ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 – 06/30/23

Page 2 ends

Table of Contents

ARTICLE I. ADMINISTRATION .............................................................................. 4 Section 1.01 Parties to the Agreement ............................................................................... 4 Section 1.02 Recognition .................................................................................................... 4 Section 1.03 City Personnel Rules ..................................................................................... 5 Section 1.04 Effect of Agreement ....................................................................................... 5 Section 1.05 Definitions ...................................................................................................... 5 Section 1.06 Management Rights ....................................................................................... 6 Section 1.07 Employee Rights ............................................................................................ 7 ARTICLE II. EMPLOYMENT PROVISIONS .................................................................. 7 Section 2.01 Probationary Period ....................................................................................... 7 Section 2.02 Hours of Work ................................................................................................ 8 Section 2.03 Transfers and Job Changes ........................................................................... 8 Section 2.04 Layoff Procedures .......................................................................................... 8 ARTICLE III. CLASSIFICATIONS .............................................................................. 9 Section 3.01 New Classifications ........................................................................................ 9 ARTICLE IV. COMPENSATION ................................................................................. 9 Section 4.01 Salary ............................................................................................................ 9 Section 4.02 Pay Plan and Benefits Review ....................................................................... 9 Section 4.03 Overtime/Compensatory Time ......................................................................10 Section 4.04 Overtime/Compensatory Time for Direct Dispatching Services .....................11 Section 4.05 Skills and Certifications .................................................................................11 Section 4.06 Merit Increases .............................................................................................12 Section 4.07 American Rescue Plan Act Premium Pay .....................................................13 ARTICLE V. LEAVES – PAID AND UNPAID ..............................................................13 Section 5.01 Holidays ........................................................................................................13 Section 5.02 Annual Leave ................................................................................................14 Section 5.03 Use of Retained Sick Leave ..........................................................................16 Section 5.04 Management Leave ......................................................................................16 Section 5.05 Personal Leave .............................................................................................16 Section 5.06 Bereavement Leave ......................................................................................16 Section 5.07 Family Medical Care Leaves .........................................................................17 Section 5.08 Catastrophic Leave .......................................................................................17 Section 5.09 Jury Duty ......................................................................................................18 ARTICLE VI. BENEFITS .......................................................................................19 Section 6.01 Health Insurance Contribution .......................................................................19 Section 6.02 Fringe Benefit Contribution ...........................................................................19 Section 6.03 Insurance Committee ....................................................................................22 Section 6.04 Flexible Spending Accounts ..........................................................................22 Section 6.05 Retirement ....................................................................................................22 Section 6.06 Deferred Compensation ................................................................................23 Section 6.07 Employee Assistance Program .....................................................................23 Section 6.08 Tuition Reimbursement .................................................................................23 Section 6.09 Meal Reimbursement ....................................................................................24 Section 6.10 Uniforms .......................................................................................................24 ARTICLE VII. GRIEVANCE PROCEDURE ...................................................................25 Section 7.01 Definitions .....................................................................................................25 Section 7.02 Level I - Informal Review ..............................................................................25 Section 7.03 Level II - Formal ............................................................................................ 25 Section 7.04 Level III .........................................................................................................26 1215
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Section 7.05 Level IV.........................................................................................................26 Section 7.06 Level V - Arbitration ......................................................................................27 Section 7.07 General Provisions .......................................................................................27 Section 7.08 Authority of Third Party .................................................................................28 ARTICLE VIII. DISCIPLINARY ACTION .....................................................................28 Section 8.01 Definition .......................................................................................................28 Section 8.02 Notification and Appeal Procedure ................................................................29 Section 8.03 Arbitration Procedures ..................................................................................29 Section 8.04 Written Rebuttals ..........................................................................................30 ARTICLE IX. ASSOCIATION MEMBERSHIP AND ACTIVITY ..........................................30 Section 9.01 Release Time ...............................................................................................30 Section 9.02 Records ........................................................................................................30 Section 9.03 New Employee Orientation ...........................................................................30 ARTICLE X. GENERAL PROVISIONS ......................................................................31 Section 10.01 Personnel Files .............................................................................................31 Section 10.02 Separability ...................................................................................................31 Section 10.03 Duration and Implementation ........................................................................32 ARTICLE XI. FINAL SIGNATURES ..........................................................................32

APPENDIX A. SALARY GRADE TABLE

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Article I. ADMINISTRATION
Section 1.01 Parties to the Agreement
This Memorandum of Understanding (hereinafter known as the Agreement) is made and entered into by and between the City of Ontario (hereinafter known as the City) and the Association of Ontario Management Employees (hereinafter known as the Association).

Section 1.02 Recognition
The City hereby formally recognizes the Association as the Representative for those regular employees employed by the City and defined in Rule I, Section 9 of the Personnel Rules and Regulations, in the following classifications.

Classifications Listing
Accounting Manager Plan Check Engineer
Administrative Officer Police Communications Manager
Assistant Building Official Principal Broadband Analyst Assistant City Engineer Police Records Manager
Assistant Library Director Principal Engineer
Assistant Parks and Maintenance Director Principal IT Analyst Assistant Planning Director Principal Planner
Assistant Recreation/Community Services Director Principal Project Manager Broadband Coordinator Project Manager
Broadband Operations Manager Public Facilities Maintenance Manager Budget Manager Public Services Project Manager
Building Inspection Manager Purchasing Manager
Business License Supervisor Records Manager
City Auditor Recreation/Community Services Manager
Community Improvement Manager Revenue Manager
Community Improvement Supervisor Revenue Services Supervisor Community Information Supervisor Risk/Safety Manager
Community Life and Culture Officer Senior Associate Civil Engineer Community Relations and Communication Manager Senior Associate Engineer Continuum of Care Manager Senior Financial Analyst
Crime Analysis Supervisor Senior Human Resources Analyst Deputy Fire Marshal Senior Landscape Architect
Economic Development Coordinator Senior Legislative Analyst Economic Development Manager Senior Management Analyst
Emergency Manager Senior Network Engineer
EMS Nurse Administrator Senior Plan Check Engineer
EMS Nurse Senior Planner
Environmental Programs Manager Senior Project Coordinator Environmental Water/Wastewater Engineer Senior Project Manager Fire Communications Manager Supervising Building Inspector Fire Protection Analyst Supervising Managing Curator
Fleet Services Manager Supervising Public Works Inspector Forensic Manager Sustainability Program Manager
Housing Manager Traffic/Transportation Manager
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Integrated Waste Assistant Division Manager Utilities Customer Services Supervisor Integrated Waste Division Manager Utilities Engineering Division Manager Internal Audit Manager Utilities Operations Assistant Division Manager IT Applications Manager Utilities Operations Division Manager Library Services Manager Utilities Project Manager
Municipal Services Manager Water Production Manager
Parks and Maintenance Manager Water Quality Programs Manager Payroll Manager Water Resources Manager
Performance and Optimization Manager Water/Sewer Maintenance Manager Section 1.03 City Personnel Rules
It is understood and agreed that there exists within the City certain personnel rules, policies, practices, and benefits, generally contained in the “City of Ontario Personnel Rules and Regulations,” and the “Employment Policies” in the City’s Online Policy Center which will continue in effect, except for those provisions modified by this Agreement, unless and until modified in accordance with state laws, orders, regulations, official instructions or policies . This section will conform within the scope of Meyers-Milias-Brown Act.

Section 1.04 Effect of Agreement
The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law f rom the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity is set forth in this Agreement.

This Agreement supersedes all previous agreements, understandings, and prior practices related to matters included within this Agreement.

Section 1.05 Definitions
A. Bargaining Unit
The employees defined in Section 1.02, Recognition.

B. Calendar Year
The period of 12 consecutive months commencing on January 1st and ending on December 31st.

C. Fiscal Year
The period of 12 consecutive months commencing on July 1st and ending on June 30th.

D. Day
A calendar day, unless specified otherwise.

E. Emergency
A circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.

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F. Employee

1. Regular Employee - An employee who is scheduled to work on a full -time basis and has completed the probationary period.

2. Probationary Employee – A regular employee who has not completed the probationary period.

G. Week
Seven consecutive days beginning on Sunday and going through Saturday.

H. Working Day
A daily work period an employee is regularly scheduled to work each day. For example, an employee working a 5/8 schedule would have an eight hour working day; an employee working a 9/80 schedule would have eight nine- hour working days and one eight hour working day every two weeks; and an employee on a 4/10 work schedule would have a ten-hour working day.

Section 1.06 Management Rights
A. There are no provisions in the Agreement that will be deemed to limit or curtail the City in any way in the exercise of the rights , powers, and authority which the City had prior to entering into this Agreement unless and only to the extent that the provisions of the Agreement specifically curtail or limit such rights, powers, and authority.

B. The rights of the City include, but are not limited to:

1. The exclusive right to determine the mission of its constituent departments, commissions, and boards.

2. Set standards of service.

3. Determine the procedure and standards of selection for employment and promotion.

4. Direct its employees.

5. Relieve its employees from duty because of lack of work or for other legitimate reasons.

6. Maintain efficiency of government operations.

7. Determine the methods, means, and personnel by which government operations are to be conducted.

8. Determine the content of job classifications.

9. Take all necessary actions to carry out its mission in emergencies.

10. Exercise complete control and discretion over its organization and the technology of performing its work.

11. To discharge, suspend, demote, reprimand, and withhold salary increases and benefits, or otherwise discipline employees for cause.

12. To establish reasonable employee performance standards including, but not limited to, quality and quantity standards, and to require compliance herewith.

C. Where required by law, the City agrees, prior to implementation, to meet and confer with the Association over the impact of the exercise of a City right upon wages, hours, and other terms and conditions of employment of its members unless the impact consequences of 1219
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the exercise of a management right upon the Association members is provided for in this Agreement, Personnel Rules and Regulations or Administrative Manual.

Section 1.07 Employee Rights
A. The City will afford regular employees the procedural due process safeguards as set out in the published decisions of the California courts.

B. An employee will have the right to representation by a representative of their choice when the employee reasonably anticipates that such a meeting is for the purpose of disciplining the employee, or is to obtain facts to support disciplinary action that is probable, or that is being seriously considered.

Article II. EMPLOYMENT PROVISIONS
Section 2.01 Probationary Period
A. Objective
The probationary period is to be regarded as an integral part of the testing procedures and shall be utilized for closely observing an employee's work and adjustment within the organization. During the probationary period, the City shall coach and provide direction to the employee to assess the employee’s adaptability to the City’s work environment and if they are fully qualified for employment in the classification.

B. Length

1. An original appointment is defined as an appointment of a new hire, rehire, or temporary/part-time employee being appointed to a regular position. All original appointments shall be subject to a probationary period of 12 months.

2. A promotional appointment is defined as the appointment of a current full -time employee who is promoted into another full-time position. Promotional appointments into the classifications of Fire Communications Manager, Police Communications Manager and Police Records Manager shall be subject to a probationary period of 12 months. All other promotional appointments for employees who have attained regular status in a prior classification shall be subject to a probationary period of 6 months. Promotional appointments for employees w ho have not attained regular status in a prior classification shall be subject to a probationary period of 12 months.

Time served during a temporary promotion does not count toward the probationary period in the higher classification.

3. If a probationary employee is on leave for more than 30 consecutive calendar days during the probationary period, that employee’s probationary period shall be extended by the duration of the employee’s consecutive leave. The Department Head may also extend an employee’s probation by up to a total of six months upon written notice delivered to the employee prior to the completion of the employee’s probationary period.

C. Probationary Release
During the probationary period, an employee may be terminated by the Department Head without cause and without the right of appeal. Notification shall be in writing to the employee and may be given without advance notice.
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An employee who is released while serving a probationary period after promotion shall be returned to the employee’s previous classification provided the employee had regular status in that classification.

Section 2.02 Hours of Work
A. Work Schedules
The City reserves the right to schedule work as required in a manner most advantageous to the City and consistent with the public interest and the requirements of municipal employment.

The City agrees to meet with the unit representatives as required by the Meyers -Millias- Brown Act relative to any changes to regular work schedule.

Section 2.03 Transfers and Job Changes
A. A transfer is the movement of an individual from one department to another while remaining in the same classification with similar duties and responsibilities. A transfer may be initiated at any time by the City Manager upon the recommendations of the Department Heads concerned, or to meet the needs of the service. All transfers must be within comparable classes, and no employee will be transferred to a position for which the employee does not possess the minimum qualifications. A transfer will not be used to circumvent the regulations surrounding promotion, demotion, advancement , or reduction in pay. If the employee being transferred has attained regular status in t he employee’s classification, a new probationary period shall not be required. If a probationary employee is being transferred, the employee will be required to complete the probationary period based on the original end-of-probation date.

B. A job change is an employee’s voluntary movement into another classification at the same salary range or within 1%. A downward movement to a salary range within 1% will not be considered a demotion as defined in the Personnel Rules and Regulations. A job change may be affected at any time by the City Manager upon request of the employee and recommendations of the Department Heads concerned or to meet the needs of City service.

An employee changing jobs must possess the minimum qualifications for the new classification. The probationary period requirement and return rights for job changes shall be the same as for promotions.

Section 2.04 Layoff Procedures
A. The City Manager may layoff regular and probationary employees at any time for lack of work or other changes that have taken place. The City shall provide the Association with 30-day notice to begin employee impact discussion. The employee will be given two weeks’ notice before such a layoff is to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two-week period prior to the layoff action.

B. A demotion or transfer to another department with the City Managers’ approval may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification.

C. In the event of a layoff, those employees with the least service in the classification affected shall be laid off first and placed on a “Recall List” and shall be eligible for recall for one year from the date of placement on the list; if a recall begins, the most senior employees laid off 1221
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in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprised in advance. The order of layoff shall be:

1. Temporary employees in the affected classification shall be removed first.

2. Probationary employees in the affected classification shall be removed next.

D. The employee scheduled to be laid off shall be entitled to displace t o a position in a classification occupied by an incumbent with less overall City seniority (displacement seniority) provided it is in a position in which the employee formerly held a regular appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The person scheduled for layoff shall displace the employee with the least displacement seniority. The employee displaced shall be considered as laid off for the same reason as the person who di splaced the employee and shall in the same manner be eligible to displace to a position in a classification in which the employee formerly held a regular appointment, is qualified by education and/or experience, and is capable of performing the duties of the classification.

E. Failure to return to work from layoff within 30 calendar days after notice to return by certified or registered mail to the employee at the employee’s last known address on file with the City Human Resources Department or by personal delivery shall constitute the employee's waiver to return to work and eliminates any future re- employment responsibilities placed on the City. The employee must notify the City regarding the employee’s intent to return within seven calendar days from notice to return.

Article III. CLASSIFICATIONS
Section 3.01 New Classifications
The City agrees to meet and confer with the Association representative on any new classification approved, which appropriately should be added to the unit covered by this Agreement.

Article IV. COMPENSATION
Section 4.01 Salary

1. Effective July 4, 2021, employees within the unit will receive a 2% increase in base salary.

2. Effective July 3, 2022, employees within the unit will receive a 2% increase in base salary.

3. 4. Wages for the represented classifications shall be set forth in Appendix “A” attached to this Agreement.

Section 4.02 Pay Plan and Benefits Review
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Prior to initiating the meet and confer process for a new Agreement , as described in Section

10.03(C), the City will complete a survey of compensation for a representative sample of comparable classifications in the cities of Anaheim, Burbank, Corona, Fullerton, Glendale, Pasadena, Pomona, Rancho Cucamonga, Riverside, San Bernardino , and Santa Ana. This survey information shall be provided to the Association.

Section 4.03 Overtime/Compensatory Time
A. Employees in this unit are exempt from the overtime under the Fair Labor Standards Act (FLSA) due to the nature of their duties. Employees are expected to work the hours necessary to complete the requirements of their position. All pay, discipline and leave provisions will be administered consistent with FLSA requirements for exempt positions.

B. In certain circumstances, the City Manager may authorize additional compensation or leave for substantial time required to meet emergency and/or storm responses, unusual scheduling required to meet the requirements of holiday coverage, attention to duties outside the normal work schedule and such other needs.

C. Additional time work ed during a workweek may be offset by adjustment in subsequent working hours the following week. This provision will be given first consideration prior to the implementation of any other form of compensatory adjustment.

D. The earning and accrual of overti me and/or compensatory time requires the written approval of the City Manager.

E. Compensatory time will not be provided for the following situations:

1. Regular meetings of the City Council or any City Commission requiring attendance.

Such meetings are considered a part of the normal duties of the position.

2. Attending professional association meetings or speaking engagements that are not required by the Department Head.

3. Working time beyond the normal workday necessary for efficient and effective departmental operations or for the purpose of maintaining good public relations. Any such time will be considered a part of the normal duties of the position.

F. In all instances of compensatory time, management leave , and/or overtime, the first and foremost consideration i n the administration of these policies will be the effective and efficient operation of the City Government and its respective departments as well as the specific departmental operations that may be affected.

G. Overtime Compensation - Overtime for management personnel is defined as straight time compensation at the employee’s regular hourly rate, except as provided for in Section

4.04(B).

H. Compensatory Time - Compensatory time is defined as time off work provided to an employee in lieu of overtime pay and is time that may be accrued . Upon termination or retirement from the City, the employee will receive credit for any unused compensatory time that has been accrued.

I. Application for Compensatory Time Leave

1. Compensatory time should be applied for when a leave of extended duration is desired such as an absence in excess of two consecutive working days. 1223
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2. All compensatory time will be recorded in the employee’s comp time bank. The maximum amount of accrual is 240 hours.

3. No compensatory time will be accrued in excess of 240 hours.

Section 4.04 Overtime/Compensatory Time for Direct Dispatching Services A. Employees in the classification of Fire Communications Manager, Police Communications Manager, and Police Records Manager are exempt from overtime under the FLSA due to the nature of their duties. Employees are expected to work the hours necessary to complete the requirements of their position. All pay, discipline, and leave provisions will be administered consistent with FLSA requirements for exempt positions.

B. Although still considered to be FLSA e xempt, employees in the classification of Fire Communications Manager, Police Communications Manager and Police Records Manager will be eligible to receive overtime compensation at the rate of one and one-half (1½) times the employees’ regular rate of pay for time worked or deemed to have been worked in excess of 80 hours in a pay period only when providing direct dispatching services normally performed by Fire/Police Dispatch Supervisors or Fire/ Police Senior Dispatchers and/or Dispatchers. Time deemed to have been worked for this provision shall include authorized absences for annual leave, holiday, retained sick, compensatory time, jury duty, bereavement, personal, military, and paid disciplinary leaves. In calculating an employee’s regular rate of pay for overtime purposes, only the employee’s base rate of pay will be included. No allowances or other forms of compensation will be included in the calculation to determine the employee’s regular rate. Fire Communications Manager , Police Communication Manager and Police Records Manager will work in such assignments only when a search for other alternative replacements has been exhausted. Such assignments and overtime authorization shall be subject to the pre-approval of the Police Administrative Officer and/or Police Administrative Director or Fire Administrative Director.

C. Employees who work overtime in accordance with the provisions in Section 4.04(B) may earn compensatory time in lieu of overtime pay subject to the approval of the Police Administrative Officer and/or Police Administrative Director or Fire Administrative Director.

The earning and application of compensatory time shall be subject to the provisions listed in Section 4.03(H) and Section 4.03(I).

Section 4.05 Skills and Certifications
A. Bilingual Pay

1. Employees in positions designated by the Department Head which require employees to perform bilingual translation as part of their regular duties, may receive bilingual differential pay. Such differential will apply regardless of the total time required per day for such translation. Bilingual pay will be $ 100 per pay period. Employees in such positions must be certified as competent in translation skills by the Human Resources Department to be eligible for compensation.

2. Unit employees approved to receive bilingual pay may be required to translate at City Council meetings, at the disc retion of the City Manager or designee. Employees assigned to provide translation at the City Council meetings shall be compensated $50 per meeting.

B. Notary Pay

1. Specified positions, which are determined to require notary duties, shall receive additional compensation. Each full -time unit employee who meets the eligibility 1224
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requirements and is designated by the applicable Department Head and Human Resources Department to receive notary pay shall be compensated at the rate of $25 per pay period.

2. Unit employees receiving notary pay shall also maintain their commission from the California Secretary of State. The City shall also pay for the cost of necessary stamps, journals, supplies, and fees associated with State and/or County requirements, as applicable.

Section 4.06 Merit Increases
A. City Personnel Rules – Salary Adjustments
Merit increases are administered in accordance with the City Personnel Rule XI, as repeated below.

Section 1. Application of Rates

Employees occupying a position in the City service shall be paid at the rate established for their position. All original appointments shall be made at the minimum wage for the position, except when in the opinion of the City Manager circumstances warrant appointment at a higher step.

Section 2. Anniversary Date

Each employee's anniversary date will coincide with the employee’s appointment to a new position in a different classification. All employees will retain their current anniversary dates until appointed to a new classification provided, however, that no employee shall receive more than one merit increase within any six months period.

Any employee who is within ninety (90) days of achieving a merit raise at the time of promotion shall be entitled to an increase for the promotion and an increase for the merit step. All future increases while in that classification shall be in accordance with Section 3 below. The date of appointment shall be used to compute vacation, sick leave, and retirement benefits.

The anniversary date of employees who take a leave of absence without pay for more than sixty (60) continuous calendar days will be extended by the length of the absence from work over sixty (60) days adjusted to the start of the nearest pay period.

SECTION 3. Advancements

The advancement of an employee is not automatic, but the result of increased service value to the City. Service value shall be determined by recommendation of the Department Head, length of service, personal performance record, special training, and any other evidence that illustrates the desire of the employee to do a better job.

The five levels of advancement for each full-time and part-time position are granted according to the conditions outlined in Section 1 and 2 and the preceding paragraph.

The meri t increase effective date is the closest payroll period to the employee’s anniversary date.

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Step 1 - Entrance Level
Step 2 - After six months service
Step 3 - After one year at Step 2
Step 4 - After one year at Step 3
Step 5 - After one year at Step 4
B. Development Plans
An employee who receives a development plan after the due date with a recommendation for an increase in merit will be eligible to receive the applicable merit increase retroactively to the appropriate review date.

Section 4.07 American Rescue Plan Act Premium
The American Rescue Plan Act (ARPA) provided federal relief funds to local government agencies for certain uses. Among those uses include premium pay for employees who perform essential work during the COVID-19 pandemic.

In recognition of Ontario employees’ contributions and their continued diligence in providing essential services through the COVID -19 pandemic, active employees (with a probability of continued employment) as of 1/28/2022 will receive a one-time lump-sum payment as follows:

ARPA Premium Payment is not pensionable and is taxed in accordance with IRS.

ARPA Premium Payment will be issued in a separate paper check on or before 2/11/ 2022.

Article V. LEAVES – PAID AND UNPAID
Section 5.01 Holidays
A. The following paid holidays will be observed on the day specified below.

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Assigned Agency (as of 01/28/2022)
American Rescue Plan Act
Payment Amount
Ontario Fire Department; Ontario
Police Department $10,000
All other Agencies $7,500
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Day After Thanksgiving Day Day After 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
B. Any holiday listed in provision 5.01(A) which falls on Sunday shall be observed on the following Monday.

C. Any holiday which falls on an employee's regular day off shall be accrued as annual leave.

The employee shall receive annual leave equal to the employee’s scheduled workday, not to exceed 10 hours per holiday, as follows:

1. Employees on an 8-hour per day work schedule shall receive 8 hours of annual leave.

2. Employees on a 4/10 work schedule shall receive 10 hours of annual leave.

3. Employees on a 9/80 work schedule shall receive annual leave in accordance with their scheduled workday as follows:
a. Employees shall receive the number of hours they were scheduled to work that day (e.g. 9 or 8 hours depending upon the day the holiday falls); b. If the holiday falls on the employee’s regularly scheduled or “flex” day off, the employee shall receive 9 hours of annual leave.

D. Employees shall not be eligible for holiday pay for any pay period for which the employee either:

1. has an unapproved leave of absence during the pay period, or

2. is on a leave of absence without pay for the entire pay period.

E. The parties agree that at the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Year ’s Day. During this time, employees shall use accrued annual leave, management leave or compensatory time to cover the period of closure.

Section 5.02 Annual Leave
A. The purpose of annual leave is to provide employees in the Management group the ability to accrue time for use in vacation, sick leave and personal leave situations. Annual leave shall not be used:

1. to extend retirement or separation date;

2. for illness or injury arising from outside employment, for which the employee is receiving workers’ compensation or disability payments from another employer.

B. Accrual of annual leave benefits will be based on year of service as follows:

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Year of Service
Annual Leave
Hours Earned
Per Year
1 – 3 192
4 200
5 – 8 216
9 – 10 224
11 232
12 240
13 248
14 256
15 264
16+ 272
C. Annual leave shall be accrued based on paid hours on a pro- rated basis. For example, if an employee is paid for 40 hours in an 80- hour pay period, the employee shall earn one- half of the normal accrual. Paid hours include regular work time, compensatory time off, holiday, annual, bereavement, sick, personal, jury duty, military, and disciplinary leaves. It excludes amounts paid by any disability benefits, including short -term disability and workers’ compensation.

D. The maximum amount of annual leave that can be accrued is 800 hours. No leave will be accrued above 800 hours.

E. Conversion of Accumulated Vacation Leave and Sick Leave to Annual Leave

1. All accumulated vacation leave hours shall be converted to a nnual leave hours for employees that become Management employees as the result of promotion.

2. If an employee with accumulated sick leave hours is promoted to a Management position, the employee may, at the employee’s option, convert up to 100 hours of sick leave to annual leave hours. Remaining accumulated sick leave hours will be retained only for use as leave for the purposes described in Section 5.03.

3. Upon promotion into the Management group, if the combination of converted sick and vacation leave hours results in an annual leave balance of more t han 750 hours, any leave hours over 750 hours will be converted to compensation at the rate prior to promotion.

F. Annual Leave Conversion

1. Employees may request to convert a minimum of 8 hours and a maximum of 200 hours of their accumulated a nnual leave hours to salary compensation twice per calendar year. The total number of hours converted per calendar year shall not exceed 200.

Employees may not convert accumulated annual leave below a balance of 40 hours.

2. Conversion requests shall be submitted on City forms to Payroll. The deadlines for conversion requests are as follows:

Request Due Date Payment
2nd Friday in May 1st payday in June
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2nd Friday in November 1st payday in December

Section 5.03 Use of Retained Sick Leave
A. Employees may utilize any retained sick leave balance for use as paid leave for:

1. Any bona fide illness or injury;

2. Quarantine due to exposure to contagious disease;

3. Any treatment or examination including, but not limited to, medical, dental or ocular;

4. Death in the immediate family;

5. Conversion to CalPERS Service Credit.

B. A City employee is not entitled to use retained sick leave for illness or injury arising out of employment, other than employment for the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

C. Retained sick leave cannot be used for catastrophic leave donations.

D. All determinations of retained sick leave usage will be made by the Department Head concerned, subject to the approval of the Human Resources Director.

Section 5.04 Management Leave
A. Management leave is to be encouraged and is the desirable means of handling unusual work situations or requirements, which may be compensable under the provisi ons for compensatory time or overtime. Forty hours leave shall be granted to Management personnel at the first pay period ending in January. Employees hired or promoted into the Management unit after the first of the calendar year shall have their management leave allotment prorated according to the date of entry into the unit.

B. Management leave is defined as an adjustment made in the employee’s work schedule in recognition of work situations and/or requirements that justify granting time off during normal working hours when such adjustment will not interfere with or detract from the effectiveness and efficiency of the department.

C. Management leave may be taken at any time for any purpose, subject to prior approval of the Management employee’s supervisor. Employees shall use accrued management leave during the calendar year. Unused management leave shall be forfeited at the end of each calendar year.

D. Employees cannot use management leave to extend retirement or separation date.

Section 5.05 Personal Leave
An employee may use up to three working days of retained sick leave per calendar year as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made. Additional leave may be authorized by the City Manager from any leave accrued, or without pay.

Section 5.06 Bereavement Leave
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A. In the event of a death in the employee's immediate family, the employee will be granted three working days paid bereavement leave. Immediate family for this provision is defined as child, including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling, or others included in the definition of immediate family in California Labor Code Section 245.5 (c) or successor legislation. Such bereavement leave shall not be charged against the employee's retained sick leave, annual leave, management leave, or accrued compensatory time.

B. A maximum of five working days paid bereavement leave will be granted if there is a death in the immediate family (as defined in Section 5.06.A) outside the State boundaries. Such bereavement leave shall not be charged against the employee's retained sick leave, annual leave, management leave or accrued compensatory time.

C. The employee will be granted one working day paid personal leave to attend the funeral of a close relative not in the employee’s immediate family . A close relative is defined as an individual outside of the immediate family as defined in Section 5.05. A, who is an aunt, uncle, or cousin.

D. City employees may be excused by Department Heads to attend the funeral of deceased City employees without loss of pay.

E. The employee may be required to fur nish evidence satisfactory to the City of the family member's death and the employee's relationship to the deceased family member.

Section 5.07 Family Medical Care Leaves
A. Family Leave shall be granted in accordance with the California Family Rights Act (CFRA) of 1991 and the Family and Medical Leave Act (FMLA) of 1993, and any modified provisions and interpreted regulations for those respective statutes.

B. Maternity, Paternity and Family Medical Care Leave of up to 12 weeks shall be granted in accordance with FMLA and CFRA statutes.

C. Employees may utilize up to six weeks of retained sick leave for leaves of absence for care of family members that fall under the provisions of the FMLA and CFRA. This sick leave may be in addition to any unpaid leave, which may be granted under the provisions of FMLA & CFRA. This sick leave shall be used prior to the unpaid leave provisions of FMLA & CFRA.

D. Employees are required to use 80 hours per pay period of all eligible leave accruals, or the number of hours for full integration if integrating with disability programs, up to 80 hours per pay period. Employees are not permitted to take time off without pay if eligible leave accruals are available. Eligible leave accruals include, but are not limited to, annual leave, management leave, and compensatory time off for any purpose, and retained sick leave if used for qualified medical, bereavement, or personal reasons as defined in this Article.

Section 5.08 Catastrophic Leave
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A. The City agrees to permit employees to contribute a portion of their accrued leave credit to another employee when such employee is on an approved leave of absence due to a verifiable illness or injury, caused by either physical or mental impairment.

B. The City also agrees to permit employees to contribute a portion of their accrued annual leave and/or compensatory time to another employee when such employee is on an approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child. Sick leave or retained sick leave may not be donated.

C. All Catastrophic Leave transfers are subject to the following conditions:

2. Catastrophic illness or injury is defined as an unforeseen or sudden, unexpected illness or injury requiring immediate attention. Pregnancy is excluded from this provision; however, injuries or illnesses resulting from a pregnancy may be covered under this provision with a statement from the employees treating physician as the final authority.

3. The receiving employee shall be on an approved continuous leave of absence for over 40 hours due to the illness or injury. A statement from the employee or employee family member’s treating physician is required.

4. The receiving employee has exhausted all accrued leave and is therefore facing financial hardship.

5. The total number of hours that can be donated to the receiving employee from all contributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

6. The leave application rate shall be based on the donating employee's dollar value, which shall be adjusted proportionally to the receiving employee's rate.

7. The donations must be in whole hour increments. The amount of the donation credited each pay period shall be in accordance with the receiving employee’s needs.

8. The donations are irrevocable and shall be indistinguishable from other leave credits belonging to the receiving employee. Donations shall be subject to all taxes required by law.

9. Donations shall be made on a Catastrophic Leave form prescribed by the Human Resources Department.

Section 5.09 Jury Duty
A. In the event any full-time employee is duly summoned to any court during the employee’s scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, def endant, respondent, or appellant; the employee shall be released from the employee’s regular duties with pay.

Any fees for the performance of such service, excepting mileage or subsistence allowances, shall be remitted to the City.

B. Any employee called for jury duty in Rancho Cucamonga must return to work if dismissed before 3:00 pm. If the employee is called to San Bernardino, the employee must return to work if dismissed by 2:00 pm. Upon return from jury duty, the employee shall present a certificate of service to the employee’s department.
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C. This section shall not apply when an employee is summoned or otherwise required to appear in court in the course of City business.

Section 5.10 Submitting and Recording of Leave Time It is recognized that in cert ain circumstances, the fulfillment of an employee's responsibilities requires longer or more irregular hours than usual. In such instances, a department may allow an employee the flexibility to attend to personal business away from work during normal works hours without requiring the use of accrued leave. Exercising this flexibility shall not amount to compensating the employee on an hour off for an hour worked basis.

Employees shall submit requests for time off for full or partial day absences to their im mediate supervisor or manager with as much advance notice as possible. Authority to approve the request is at the sole discretion of the immediate supervisor or manager based on the nature of the request and the operational demands of the department.

Full day absences: Employees are required to use their accrued time off (annual, leave, retained sick leave or management leave) for full day absences.

Partial day absences: An employee's partial day absence(s) exceeding two hours will be charged to the empl oyee's accumulated time off, (annual leave, retained sick leave, or management leave), or taken as leave without pay. Absences of less than two hours will not be charged to accumulated time off or charged as leave without pay. Employees with approved inter mittent Family Medical Leave, California Family Rights Act or other protected leave, the employee must record each hour not worked.

Employees are expected to complete their assigned duties regardless of their use of partial day absences. Flexibility of employee's work hours may or may not be granted based on operational needs, including the need for supervisors to be available to supervise nonexempt staff and/or to provide service to the public and internal customers.

Article VI. BENEFITS
Section 6.01 Health Insurance Contribution
The City will contribute up to a maximum of $300 per month toward health insurance premiums for active and retired employees. This amount is inclusive of the minimum statutory employer contribution under CalPERS medical (PEMHCA) for active employees who choose to enroll in the City’s medical plan.

Section 6.02 Fringe Benefit Contribution
A. Health, Dental, and Vision Contributions

1. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental, and vision benefits.

2. Enrollment: An Eligible Employees must enroll in City medical insurance plan unless the employee satisfies the conditions to be eligible for the opt -out provision below. The City’s lowest cost employee-only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act. 1232
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3. City Contribution: For eligible active employees who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01 (A), shall be tiered. Employees who enroll in the City’s medical plan shall receive a monthly Health Flex Contribution based on the level of coverage selected by the employee as follows:

Single Coverage $765
Two-party Coverage $1,090
Family Coverage $1,380

4. Beginning January 1, 2018, for eligible active employees who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01(A), shall be based on the level of coverage selected by the employee, and equal to the corresponding Kaiser premium for the region in which the employee is enrolled and as reflected on the CalPERS monthly billing statement. Employees hired on or before December 31, 2017, selecting single party coverage shall receive a contribution of no less than $765 per month, or the applicable Kaiser premium for single party coverage, whichever is greater. Employees hired on or after January 1, 2018, selecting single party coverage shall receive a monthly contribution up to the Kaiser premium for single party coverage for the region in which the employee is enrolled.

5. For purposes of the Affordable Care Act’s employer mandate, the amount of the lowest cost plan offered to the Eligible Employee is considered a Health Flex Contribution. A Health Flex Contribution cannot be cashed out or applied to other benefits.

6. After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash. Effective, January 1, 2018, only those Eligible Employees hire on or before December 31, 2017 enrolled in single level coverage may take the remainder of the City’s contribution in cash as taxable compensation.

7. Cash-in-Lieu Option: An Eligible Employee will be eligible to receive cash-in-lieu of instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied.
a) The employee signs a form attesting that the employee and the employee's Tax Family have the Alternative Required Coverage for the Opt-Out Period. 1) Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt-out applies. 2) Alternative Required Coverage required means minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California). 3) Opt-Out Period means the plan year to which the opt -out arrangement applies.
b) An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash in lieu.
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c) The cash- in-lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this Section 6.02(D) are not otherwise satisfied.
d) If the above conditions are satisfied:
1) Eligible Employees who waive coverage on or after September 1, 2004 are eligible to receive $420 per month cash-in-lieu.
2) Eligible Employees who waived coverage before September 1, 2004 are eligible to receive $485 per month cash-in-lieu.

8. Dental Insurance: Employees who enroll in the City’s dental plan shall receive an employer contribution up to the DPO basic plan premium for employee and dependents (in addition to the City Contribution described in this Section 6.02).

Employees who do not enroll in the City dental plan will not receive employer contribution for dental premiums.

9. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution up to the basic vision plan premium for employees and dependents (in addition t o the City Contribution described in this Section 6.02).

Employees who do not enroll in the City vision plan will not receive employer contribution for vision premiums.

B. Eligibility Requirements

1. Employees must be full-time (i.e. scheduled for a minimum of 40 hours per week) and be in a paid status for a minimum of 15 hours per pay period to be eligible for the benefits of Section 6. 02(A). Paid status includes hours paid for: regular work time, compensatory time off, annual leave, management leave, bereavement leave, retained sick leave, jury duty leave, personal leave, paid military leave, disciplinary leave, and paid holidays. It does not include amounts paid by any other disability benefits.

2. Employees on an extended leave of absence due to their own illness or injury who do not have sufficient leave accruals to meet the 15-hour minimum for paid status will be eligible to continue the fringe benefit contributions as follows:
a) Regardless of whether the employee has leave accruals available to use, the City will continue its contributions toward employee fringe benefit contributions for a leave of absence not to exceed a total 26 consecutive pay periods. b) If the leave of absence is not consecutive, the continuation of the contributions toward fringe benefits shall not exceed 26 pay periods total in an 18-month period. c) The employee is responsible for payment of any benefit cost above the applicable health allotment and any voluntary supplemental benefit plans during the employee’s leave period. If the employee fails to make timely payments, their benefits will be discontinued.

3. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability and workers’ compensation payments.

C. Disability
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The City shall pay the premium for the City's Disability Insurance Program for employees enrolled in the program.

D. Life and Accidental Death & Dismemberment Insurance
Employees shall be covered by t he City’s group term life insurance and accidental death and dismemberment (AD & D) insurance plan. The City will pay the premiums for life insurance coverage amounts of $51,000 for basic life and $54,000 for accidental death and dismemberment policies.

Section 6.03 Insurance Committee
The City agrees to continue the Insurance Committee that will have a representative designated by the Association as one of its members. This committee will have the responsibility to review the coverage in the appropriate insurance program and to represent an employee who has a question to the company. The committee will be composed of one representative from the recognized employee unit and one representative appointed by the City Manager. The Assistant City Manager will be an ex-officio member of the committee and entitled to attend all meetings.

The committee or any of its members may invite other individuals to participate as resource people whenever the need arises , and prior notification is provided to the committee chair. Where applicable, meet and confer will be reopened to discuss any proposal of the Insurance Committee on health insurance approved by the majority of the Insurance Committee.

Section 6.04 Flexible Spending Accounts
The City will offer Fle xible Spending Accounts (FSA) to all unit employees. An FSA allows an employee to make pre- tax deductions for qualifying medical, dental and vision expenses, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service code.

Section 6.05 Retirement
A. Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired before January 1, 2013, in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six months. CalPERS ultim ately determines who is a classic member in compliance with the law.

3. All classic members shall pay the employee contribution of eight (8%) percent as a pre-tax deduction to CalPERS.

B. New Member (PEPRA)
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1. A new member is defined as an employee who meets the definition of a “new” member for purposes of retirement pension benef its pursuant to the Public Employees Pension Reform Act (PEPRA) of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013, or former members who have more than a six -month break in service. CalPERS ultimately determines who is a new member in compliance with the law.

2. New members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members, including integration with Social Security.

3. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. The required employee contribution for new members is

6.25%. This amount will be adjusted periodically by CalPERS.

C. Optional Benefits for Classic and New Members
The City’s contract with the Public Employees’ Retirement System includes the following optional benefits for both classic and new members:
a. Section 20903 – Two Years Additional Service Credit
b. Section 20965 – Sick Leave Credit
c. Section 21024 – Military Service Credit
d. Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Disability
e. Section 21548 – Pre-Retirement Optional Settlement Death Benefit

Section 6.06 Deferred Compensation
A. The City has established a Section 401(a) money purchase plan for employer contributions.

The City shall contribute $200 per month contribution to the Section 401(a) plan. The contribution will be paid in equal bi -weekly installments during the first and second pay periods of the month.

B. Employees are eligible to participate in a 457(b) deferred compensation plan as provided for in State and Federal Tax codes. Employees may voluntarily contribute to the plan in accordance with plan provisions and subject to plan maximums.

Section 6.07 Employee Assistance Program
The City agrees to continue an employees’ assistance program (EAP) for all employees in the Association. The parties agree that the EAP cannot be successful without absolute confidentiality regarding employee/family utilization of th e program. Confidentiality will be maintained in ful l compliance with State and Federal Regulations.

Section 6.08 Tuition Reimbursement
To provide encouragement for all unit employees to continue educational development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligible employee for the cost of tuition for academic and continuing education courses that are determined to be job-related and subject to the following conditions:
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A. Full-time, employees that have successfully completed their initial probationary period are eligible.

B. The determination that the course is job related shall be made by the employee’s Department Head.

C. The course shall provide college-level credit or professional continuing education from an accredited educational institution.

D. The employee is not eligible for assistance from any other source.

E. Submission and approval of the request for reimbursement must be completed at least 30 calendar days prior to the start date of the course.

F. Tuition is the only expense that shall be reimbursable. No reimbursement shall be made for lab fees, books, travel costs, etc.

G. Classes shall not interfere with the employee’s normal work hours. Any exceptions must be approved by the employee’s Department Head.

H. Certification of completion of the course with a passing grade must be obtained and submitted within 60 calendar days after completion of the course.

I. The maximum reimbursement amount paid to an eligible employee shall not exceed $1,000 per calendar year.

Tuition reimbursement requests shall be submitted to the employee’s Department Head for a determination that the course is job -related. After such determination is made, the Department Head shall forward the request to the Human Resources Department for processing. The Human Resources Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to the Human Resources Departme nt. Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.

Section 6.09 Meal Reimbursement
An employee may request reimbursement for meals consumed after regular work hours when such employee is required by the Department Head to attend City Council meetings and C ity commission meetings that are in addition to those regularly scheduled. The limit for reimbursement shall be $12, and only actual expenses will be reimbursed. Requests will be submitted on the City’s reimbursement form through established channels and must include receipts verifying the expense.

Section 6.10 Uniforms
A. Unit employees required to wear a uniform by the Agency/Department Head will receive uniform allowance of $400 per year the first paycheck in July for the maintenance, cleaning, and normal repair of uniforms worn by the employee in the course of their employment.

B. The City shall provide Unit employees required to wear a uniform with a reasonable number of uniforms. Uniforms damaged in the line of duty shall be replaced by the City. Each year the Agency/Department Head shall inspect employee uniforms and replace accordingly.

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Article VII. GRIEVANCE PROCEDURE
Section 7.01 Definitions
A. Complaint
A concern of an employee, which arises from the application of a term of this Agreement, existing City Rule(s), Regulation(s) or Policy (Policies) regarding working conditions.

B. Grievance
A written allegation by an employee that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this Agreement , existing City Rule, Regulation or Policy (Policies) regarding working conditions.

C. Grievant
An employee(s), who allege(s) in a grievance that the employee has been directly wronged by a violation of a specific term(s) of this Agreement, existing City Rule, Regulation or Policy regarding working conditions. The term “grievant” as used in this Article may refer to the Association when alleging a violation of Article XII, as provided for in the Agreement.

D. Representative
An employee or represent ative of the Association who at the grievant's request may be present at Levels I through IV. Representation of the employee at Level V may be by an Association representative or other representative designated by the employee.

E. Respond and File
Personal delivery or deposit in the U.S. mail, postage prepaid. If mail delivery is used, it will be by certified, return receipt requested mail, and the certified receipt date will establish the date of response or filing. If personal delivery is used, the calendar date of delivery will establish the date of response or filing.

Section 7.02 Level I - Informal Review
A. An employee will have the right to present a complaint and to have the complaint considered with the immediate supervisor no later than 15 working days after the event giving rise to the complaint, or no later than 15 working days after the employee knew or reasonably should have known of the event giving rise to the complaint.

B. The employee, whenever possible, will attempt to resolve the complaint informally with the immediate supervisor.

C. The immediate supervisor will provide an answer to the employee no later than 14 working days after the Level I meeting. Such response will be provided orally.

D. A resolution of the complaint at the informal level will not be precedent setting.

Section 7.03 Level II - Formal
A. If the complaint is not resolved through Level I informal discussions, the employee may file a Level II grievance at the next level of supervision that may include the Department Head, Agency Head or City Manager. If the next level of supervision is the Agency Head, the grievance will automatically proceed at Level III, no later than 10 working days after the 1238
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response of the immediate supervisor at Level I. If the next level of supervision is the City Manager, the grievance will be automatically processed at Level IV no later than 10 working days after the response of the immediate supervisor at Level I. The grievant will state the following clearly and concisely on a grievance form provided by the City:

1. the specific term(s) of the Agreement, City Rule, Regulation or policy regarding working conditions, which have been violated;

2. the action grieved, including names, dates, places , and times and how it violated a specific term(s) of this Agreement , City Rule, Regulation or policy regarding working conditions;

3. the remedy sought;

4. the name and classification of the grievant and their signature;

5. the name of the representative, if any; and

6. the date of submission.

B. The Department Head will hold a meeting with the grievant at a mutually acceptable time and location no later than 10 working days after the receipt of the grievance. The Department Head will respond in writing to the grievant within 10 wo rking days after the Level II meeting.

Section 7.04 Level III
A. In the event the grievance is not settled at Level II, the grievant may file the Level III grievance with the Agency Head no later than 10 working days after the Level II response.

If the next level of supervision is the City Manager, the grievance will be automatically processed at Level IV. The grievant will include in the grievance a written statement indicating the reason that the proposed settlement at Level II was unsatisfactory . The Agency Head may hold a meeting with the grievant at a mutually acceptable time and location. The Agency Head will respond to the grievant no later than 10 working days after the receipt of the Level III grievance.

B. The grievant will present at Level III all issues and written evidence known or which could have been reasonably known. No additional issues may be presented by the grievant after Level III.

C. Amendments and/or modifications to the grievance will not be made by the grievant after the Level III fil ing date, except by mutual agreement. This provision does not preclude either party from presenting new evidence should either party discover it at a later date.

Each party will make an effort to share evidence with each other upon discovery.

Section 7.05 Level IV
A. In the event the grievance is not settled at Level III, the grievant may file a Level IV grievance with the City Manager no later than 10 working days after the receipt of the Level III response.

B. The City Manager may hold a meeting with the grievant at a mutually acceptable time and location. The City Manager will respond to the grievant no later than 10 working days after receipt of the grievance at Level IV.

C. If the grievance has not been settled at Level IV, then within 10 working days after receipt of the Level IV written decision or the expiration of the time limits for making such decision, 1239
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Ontario City CouncilFebruary 1, 2022

Ontario City Council
February 1, 2022