Agenda packet — Orange City Council, December 12, 2023 (part 2 of 3)

City of Orange

CONTENTS
Assureon Solution .............................................................................................................................................. 3 Hardware Pricing ............................................................................................................................................... 7 Onsite Single Appliance with Hosted AZURE ................................................................................................. 7

866-661-2425
[email protected]
www.cps247.com
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City of Orange

ASSUREON SOLUTION

The Assureon solution will meet all of the required elements of the standard as defined State of California and AIIM. As you know WORM is one requirement of Trusted Systems, but it is not only the ability to WORM. Along with this is the ability for a solution to audit and verify each file and the integrity of that file.

While other products can tell you that a file has been written it does not verify that the file written is in fact an exact copy of every bit and bite of the file. With the Assureon solution not only do we compare the file requested to be written to the original, we acknowledge that a file has in fact received every bit and bite, but we make sure that a file is an exact copy of the original file. This is required by Trusted Systems

Another requirement of Trusted Systems is that each file written must provide an audit process to verify that the file is still there, and in the original state. And while competitors can conduct audits it only monitors the users access to file but does not verify that the file and the integrity of that file. The corruption of a file can occur without even any user interference. Disk storage is a digital medium and as such is subject to something called Bit Riot. Bit Riot is the flipping of an I/O in a file. By an I/O flip it thereby changes the file and thus falls outside of the Trusted Systems standard of being an original file. With Assureon, at least every 90 days (At maximum capacity) or some time frame determined by the user, each individual file is checked to make sure it is still there and that the content of that file is in fact exactly as the original. All this is done automatically with Assureon. If there is an error in a file that does not represent the exact copy of the original such as Bit Riot or something else, Assureon quarantines that file, restores an exact copy of that file by pulling from the secondary site. Cohesity does not do this.

The Assureon solution is our own software and hardware in which we have a unique ability to lock down the hardware from attacks. Many solutions use software and other MFG hardware such as Dell, Pure, HP, Isilon and others that they certified. They do not control this hardware and therefore cannot lock down the system. A case in point; by not controlling both hardware and software it is possible that a user or hacker can gain access to the data by going through the storage device and the controllers. A hacker or employee has to go through the Assureon. This leaves a vulnerability to data and that includes cloud vendors as well, but not Assureon and the AZURE Cloud connector. Recent attacks by hackers have successfully been able to gain access to a copies data in the cloud and they have been deleting backups and Snapshots that have been stored there. Placing your data in the cloud does not immune you from an attack.

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City of Orange

Another requirement of Trusted System is the ability to have Third Party Verification of any file sent to the Archive. Nexsan uses NIST which is a Government Site that independently time stamps and dates a file.

This is important for any Chain of Custody requirements and to prevent unauthorized modification of a file.

The importance of this for Trusted Systems is it prevents a user from altering the time and date of any said file. The Laserfiche solution does not offer this type of independence by itself, but ensures that when coupled with Assureon, it meets the full standards.

With regards to Ransomware, a number of our clients use the Assureon solution for the express reason to guard against Ransomware. One way we do this is only Assureon can write to Assureon. Let me expand on that. By preventing any source or bad actor the ability to write to Assureon it thereby prevents someone from hacking or wiring bad data to the storage. No other source other than the Assureon server can write to Assureon. Other storage vendors have applications or end users write directly to their storage. This enables a vulnerability of the server which would own the LUN or Volume on the server to be compromised and deleted, outside of the scope of the Laserfiche/Assureon project. The Assureon protects your data better than any other solution in that the rules set up by administrators cannot be changed. To add another layer of protection, files do not automatically delete once they’ve hit their retention limits. A report tool within the Assureon can report on all data that has met the retention limit. We enable the administrators to either allow the data to become expired OR extend the last access date. By doing so, this increases the level of data security within the system.

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City of Orange

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City of Orange

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City of Orange

HARDWARE PRICING
Onsite Single Appliance with Hosted AZURE

Product Quantity Rate Amount
AS-HAXRP12-36
HAXR Hosted Replicated Assureon Data Vault Node. Requires replication to a separately purchased Hosted Assureon or Assureon Software Edition. This node includes an Assureon server (in single-write mode) with 2x 3.84TB SSD (RAID-1) for
OS/DB/Cache and 36TB after RAID before format (33TiB after RAID and format), using 1 array of 5x 12TB (RAID6).

Add 1 drive pack to expand this node's capacity to 72TB. 1 1 $60,428.00
Support /Annual Charges
AS-HCXR-100
Assureon Software pay as you go (Priced for 36TB). Monthly subscription including Enhanced Support.
12 $1,584.00 $19,008.00

OSE-ASU
Annual Enterprise On-Site Support, Assureon AXR
1 $7,283.00 $7,283.00
AS-EKEL-100
Assureon encryption key escrow license and support for up to 100TB of data. Annual Fee.
1 $1,650.00 $1,650.00
Installation & Services

PS-BHOS-ASU
Assureon PS Business Hours On-site (up to 8 hours)
1 $4,984.00 $4,984.00

PS-BHREM-ASU
Assureon PS Business Hours Remote (up to 8 hours)
2 $2,578.00 $5,156.00
Subtotal $98,509.00
One Time Discount -$10,000.00
Total $88,509.00*
Tax $4,683.17
Grand Total $93,192.17

Annual Each Year After $27,941.00
*Offer expires 12/15/2023

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City of Orange

244
Agenda Item
City Council
Item #: 3.11. 12/12/2023 File #: 23-0794
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Submittal of annual financial reports for development impact fees for Fiscal Year 2022-2023.

2. SUMMARY
In accordance with Section 66006 of California Government Code, the City is required to annually report on the status of Development Impact Fees, including the collection of revenue and expenditures of these funds. This report summarizes the required financial information for Fiscal Year 2022-2023. All reported funds are in compliance and no refunds are required.

3. RECOMMENDED ACTION
Receive and file the annual financial reports relating to Transportation System Improvement Program Fees, Park Infill Fees, Fire Protection Facility Fees, Police Facility Development Fees, and Library Facilities Development Fees.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The California Government Code Sections 66000 through 66006 contain certain procedural requirements that apply to the collection of development impact fees and the expenditure of these revenues. Section 66006 of the California Government Code specifies accountability and annual reporting requirements pertaining to development impact fees. SB 1693 modified this government code section as of January 1, 1997. The report must include a description of the fee type in the account, the amount of the fee, beginning and ending balances, fee and interest income, expenditures by improvement, a description of interfund loans or transfers, including purpose, interest rate and term, and any refunds. The report must also determine whether funds are available to construct improvements while also identifying construction dates for projects with adequate funding.

This report presents a review only of the development impact fee activity, by account, for the fiscal year. It does not include any recommendations for any fee changes. However, any fee changes that City of Orange Printed on 12/6/2023Page 1 of 2
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Item #: 3.11. 12/12/2023 File #: 23-0794
have occurred during the year have been incorporated into this report.

This report analyzes unexpended revenues, i.e. fund balances, to determine if more than the prior five years of collections have been exceeded. If the analysis shows that the balance on hand exceeds five years of collections less costs of projects identified in the 5-year Capital Improvement Program (CIP) Budget, then per the California Government Code Section 66001 (d), the City is required to refund the “excess”.

The report must be made available within 180 days after the end of the current fiscal year and it must be reviewed at the next regularly scheduled public meeting, but not less than 15 days after the information becomes available.

All reported funds, which include fees for Transportation System Improvement Program, Park Infill, Fire Protection Facilities, Police Facilities Development, and Library Facilities Development, are in compliance and no refunds are required.

7. ATTACHMENTS
· Attachment A - Annual Report for Transportation System Improvement Program Fees · Attachment B - Annual Report for Park Infill Fees
· Attachment C - Annual Report for Fire Protection Facility Fees · Attachment D - Annual Report for Police Facility Development Fees · Attachment E - Annual Report for Library Facilities Development Fees City of Orange Printed on 12/6/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.11. 12/12/2023 File #: 23-0794
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Submittal of annual financial reports for development impact fees for Fiscal Year 2022-2023.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

This report presents a review only of the development impact fee activity, by account, for the fiscal year. It does not include any recommendations for any fee changes. However, any fee changes that City of Orange Printed on 12/6/2023Page 1 of 2
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Item #: 3.11. 12/12/2023 File #: 23-0794
have occurred during the year have been incorporated into this report.

The fee provides for the construction of the traffic circulation system improvements identified by the City Council and made necessary by increased transportation demands in the City. In September 2020, the City consolidated three existing program areas to establish a single citywide fee. The relationship between the fee and the purpose for which it is charged is described in the 2020 TSIP fee study, with amendments, which is incorporated by reference herein. The City's 5-Year Capital Improvement Plan adopted in June 2023 identifies all sources of funding anticipated to complete financing of incomplete improvements and designates approximate dates on which the funding is expected to be deposited into the fund. Per the California Government Code Section 66001 (d), the City is required to refund the unexpended revenues that are more than the revenues collected in the prior five years less the projected expenditures of future projects. All the TSIP funds are in compliance and no refunds need to be made. All documents and amendments incorporated by reference herein are on file with the City Clerk's Office. The purpose and authorization to impose the fees are described in Orange Municipal Code Section 15.41.010.

II. TSIP Fee Schedule:

Fund 287
City-Wide TSIP
Fees:

Residential - Single-Family (per unit) $1,438.78
Residential - Apartments/Multi-Family (per unit) $960.40 Hotel/ Motel (per room/ per unit) $1,451.27
General Office (per sq. ft) $1.70
Medical Office (per sq. ft.) $6.05
Industrial (per sq. ft.) $0.87
Retail / Commercial (per sq. ft.) $4.31
Atypical Uses (per trip end-daily) $173.80
City of Orange
Annual Report for Transportation System Improvement Program (TSIP) Fees For The Year Ended June 30, 2023
249
Attachment A
III. Summary of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Budget Actual
Revenues and Transfers In
Interest on Investments 73,083 54,226
TSIP Fees 77,267 182,701
Total Revenues 150,350 236,927
Expenditures and Transfers Out
G & A Overhead Allocation 118,990 118,990
13115 Pavement Management Program Survey (ongoing) 38,480 8,400 13120 Pavement Management Program (ongoing) 184,265 67,545 16469 Traffic Signal Equipment Painting (ongoing) 59,851 - 20191 Main St Signal Synchronization (6/2025) 180,000 170,346 20351 Tustin & La Veta Traffic Signal Upgrade (completed, some cost 126,651 106,886 items remaining)
20353 Chapman & Grand Left Turn Signal Modification (6/2025) 450,000 - 20354 Chapman & Cambridge Left Turn Signal Modification (6/2025) 425,000 8,706 20376 Garden Grove Blvd Signal Synchronization (6/2025) 7,000 - 20377 Katella/Struck Traffic Signal Modification (completed, some cost) 4,634 - items remaining)
20380 Glassell Street Signal Network Extension (7/2024) 130,000 - 20381 Katella Signal Synchronization (6/2025) 250,000 - 20382 Katella Signal Network Extension (7/2024) 1,400,000 81,834 20383 Cannon & Serrano Intersection Modification (completed) 226,727 171,878 20425 Tustin St Signal Synchronization (6/2025) 203,894 70,150 20458 Prospect & Spring Right Turn Lane Modification (completed) 112,244 4,491 30162 Bus Stop Enhancements at Various Locations (completed) 9,830 - 30174 Cannon Street Widening (12/2024) 202,416 54,411
Total Expenditures 4,129,983 863,636
Net Increase(Decrease) (626,709)
Beginning Fund Balance 3,667,326
Ending Fund Balance 3,040,617$
FY 2022-23
Fund 287
City-Wide TSIP
250
Attachment A
Projected future projects:

Estimated Expenditures
G & A Overhead Allocation 104,640
13115 Pavement Management Program Survey (ongoing) 30,080 13120 Pavement Management Program (ongoing) 316,720
16469 Traffic Signal Equipment Painting (ongoing) 59,851 20191 Main St Signal Synchronization (6/2025) 9,654
20351 Tustin & La Veta Traffic Signal Upgrade (completed, some cost items remaining) 19,765 20353 Chapman & Grand Left Turn Signal Modification (6/2025) 450,000 20354 Chapman & Cambridge Left Turn Signal Modification (6/2025) 416,294 20376 Garden Grove Blvd Signal Synchronization (6/2025) 7,000 20380 Glassell Street Signal Network Extension (7/2024) 130,000 20381 Katella Signal Synchronization (6/2025) 250,000
20382 Katella Signal Network Extension (7/2024) 1,318,166 20383 Cannon & Serrano intersection Modification (completed, some cost items remaining) 54,849 20425 Tustin St Signal Synchronization (6/2025) 133,745 30174 Cannon Street Widening (12/2024) 158,569
Total Estimated Expenditures 3,459,333$
In Fiscal Year 2023, the City entered into a 55 year loan with Valencia Gardens for $762,500, a portion of which is in Fund 287 (TSIP). Revenue for the loan will be recognized when the City receives payment from Valencia Gardens. 251
Attachment B
Annual Report for Park Infill Fees
For The Year Ended June 30, 2023
I. Findings:

The fee provides for residential development projects to finance the cost of park facilities and improvements required by new residential development. The relationship between the fee and the purpose for which it is charged is described in the April 2000 City of Orange improvements and designates approximate dates on which the funding is expected to be deposited into the fund. Per the California in the prior five years less the projected expenditures of future projects. Fund 510 Park Acquisition - Infill is in compliance and no refunds need to be made. All documents and amendments incorporated herein by reference are on file with the City Clerk's Office. The purpose of this fee is described in Orange Municipal Code Section 3.40.010.

II. Park Infill Fee Schedule:

Fund 510
Park Acquisition Infill
Fees:

Residential $15,520/unit
Government Code Section 66001 (d), the City is required to refund the unexpended revenues that are more than the revenues collected Quimby Ordinance Background Report, with amendments, which is incorporated herein by reference. The City's 5-year Capital City of Orange
Improvement Plan adopted in June 2023 identifies all sources and amounts of funding anticipated to complete financing of incomplete 252
Attachment B
III. Summary of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual FY 2022-23 FY 2022-23
Fund 510 Fund 510
Park Aquisition Park Aquisition
Infill Infill
Budget Actual
Revenues and Transfers In
Interest on Investments 32,074 113,379
Park Acquisition Fees 796,345 63,402
Admin Fee 19,510 7,243
Total Revenues 847,929 184,024
Expenditures and Transfers Out
20059 Lot Shade Sails (6/2026) 393,496 190,316
20266 Park Video Surveillance & Security (ongoing) 20,999 15,122 20315 Hart Park Pickleball and Fitness Circuit (6/2027) 550,000 367 20321 Grijalva Park Master Plan Update (6/2024) 104,198 - 20347 Enterprise Access System (6/2024) 45,000 -
20435 Olive Park Kitchen Update (6/2024) 49,474 356
20437 Park Signage Installation (6/2025) 564,787 323,483 20440 Rubberized Tot Lot Surface Replacement (completed) 80,515 80,515 20475 Resurfacing Bike Trails and Walking Paths (6/2024) 208,898 148 20477 Area Lighting Replacement at Grijalva Park (6/2024) 351,691 38,708 20479 Hart and Handy Parks Land Acquisition (completed) 398,800 398,800 20507 Park Facility Roof Repairs (6/2024) 322,710 292
20508 Irrigation Booster Pump Replacement (completed, some cost items 120,680 292 remaining)
20513 New Park in West Orange (6/2028) 4,800 -
30053 Parking Lot Pavement Rehabilitation (ongoing) 612,934 668 30133 Hart Park Field Improvements (6/2025) 250,000 6,293 4,078,981 1,055,358
Net Increase(Decrease) (871,334)
Beginning Fund Balance 7,771,834
Ending Fund Balance 6,900,500
Projected future projects:

Estimated Expenditures
20059 Tot Lot Shade Sails (6/2026) 203,180
20266 Park Video Surveillance & Security (ongoing) 5,877 20315 Hart Park Pickleball and Fitness Circuit (6/2027) 549,633 20321 Grijalva Park Master Plan Update (6/2024) 100,000 20347 Enterprise Access System (6/2024) 45,000
20435 Olive Park Kitchen Update (6/2024) 49,118
20437 Park Signage (6/2025) 301,304
20475 Resurfacing Bike Trails and Walking Paths (6/2024) 208,750 20477 Area Lighting Replacement at Grijalva (6/2024) 312,983 20507 Park Facility Roof Repairs (6/2024) 322,418
20508 Irrigation Booster Pump Replacement (completed, some cost items 120,388 remaining)
20513 New Park in West Orange (6/2028) 225,000
20520 Cerro villa Open Space Improvements (6/2024) 35,000 20521 Yorba Dog Park Improvements (6/2024) 125,000
30053 Parking Lot Pavement Rehabilitation (ongoing) 612,266 30133 Hart Park Ball Field Netting (6/2025) 243,707
Total Estimated Expenditures 3,459,625
In Fiscal Year 2023, the City entered into a 55 year loan with Valencia Gardens for $762,500, a portion of which is in Fund 510 (Park Acquisition). Revenue for the loan will be recognized when the City receives payment from Valencia Gardens. 253
Attachment C
I. Findings:

The fee provides for fire facility construction and improvements to existing fire facilities. The relationship between the fee and the purpose for which it is charged is described in the 1988 Fire Protection Facilities Fee Study, with amendments, which is incorporated herein by reference. The City's 5-Year Capital Improvement Plan adopted in June 2023 identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements and designates approximate dates on which the funding is expected to be deposited into the fund. Per the California Government Code Section 66001 (d), the City is required to refund the unexpended revenues that are more than the revenues collected in the prior five years less the projected expenditures of future projects. Fund 560 Fire Facilities Fees is in compliance and no refunds need to be made. All documents and amendments incorporated herein by reference are on file with the City Clerk's Office. The purpose of this fee is described in Orange Municipal Code Seciton 15.38.010.

II. Fire Protection Facilities Fee Schedule:

FIRE
Fees:

Residential (Single Family/Multi-Family) $1,370/unit
Dormitory $1,098/unit
Commercial/Industrial $0.996/sq. ft.

Hospital $1.537/sq. ft.

Annual Report For Fire Protection Facilities Fees
City of Orange
For The Year Ended June 30, 2023
254
Attachment C
III. Summary of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual FY 2022-23 FY 2022-23
Fund 560 Fund 560
Fire Fire
Budget Actual
Revenues and Transfers In
Interest on Investments 5,973 11,500
Fire Facilities & Equipment Fees 86,919 86,721 Admin Fee 2,130 9,843
Total Revenues 95,022 108,064
Expenditures and Transfers Out
12406 Signal Pre-emption Installation (ongoing) 43,927 43,927 12540 Thermal Image Cameras (ongoing) 30,000 - 20104 S.C.B.A. Retrofit and Replacement (ongoing) 161,669 137,177 20124 Turnout Replacement 1851 Cleaning (ongoing) 130,689 78,152 20171 EPCR Replacement Program (ongoing) 18,168 8,168 20332 Fire Station 2, 3, and 4 Kitchen Renovations (completed, some 47,387 43,667 cost items remaining)
20334 Fire Station Maintenance (ongoing) 96,374 92,241 20465 Fire Station Facility Improvements (ongoing) 137,300 4,403 20504 Fire Station 3 Building Addition (6/2027) 153,431 66,215 30032 Wellness Exercise Equipment Replacement (ongoing) 45,610 28,868 Total Expenditures 864,556 502,818
Net Increase(Decrease) (394,754)
Beginning Fund Balance 926,926
Ending Fund Balance 532,172
Projected future projects:

Estimated Expenditures
12406 Signal Pre-Emption Installation (ongoing)
12540 Thermal Image Cameras (ongoing) 30,000
20104 S.C.B.A. Retrofit and Replacement (ongoing) 29,493 20124 Turnout Replacement & NFPA 1851 Maintenance (ongoing) 142,537 20171 EPCR Replacement Program (ongoing) 19,000
20332 Fire Station 2, 3, and 4 Kitchen Renovations (completed, 3,720 some cost items remaining)
20334 Fire Station Maintenance (ongoing) 54,133
20504 Fire Station 3 Building Addition (6/2027) 87,216
30032 Wellness Exercise Equipment Replacement (ongoing) 32,743 Total Estimated Expenditures 398,841
In Fiscal Year 2023, the City entered into a 55 year loan with Valencia Gardens for $762,500, a portion of which is in Fund 560 (Fire Facility Fees).

Revenue for the loan will be recognized when the City receives payment from Valencia Gardens. 255
Attachment D
Annual Report for Police Facility Development Fees
For The Year Ended June 30, 2023
I. Findings:

The fee provides for the acquisition and development of the new police headquarters and improvements to existing Civic Center Facilities. The relationship between the fee and the purpose for which it is charged is described in the August 1989 Police Facility Fee Study, with amendments, which is incorporated herein by reference. The City's 5-Year Capital Improvement Plan adopted in June 2023 identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements and designates approximate dates on which the funding is expected to be deposited into the fund. Per the California Government Code Section 66001 (d), the City is required to refund the unexpended revenues that are more than the revenues collected in the prior five years less the projected expenditures of future projects. Fund 570 Police Facility Fees is in compliance and no refunds need to be made. All documents and amendments incorporated herein by reference are on file with at the City Clerk's Office. The purpose of this fee is described in Orange Municipal Code Section 3.13.060.

II. Police Facility Protection Fee Schedule:

Fund 570
POLICE
Fees:

Residential (Single Family/Multi-Family) $679.12/unit
Non-Residential $0.270/sq. ft.

City of Orange
256
Attachment D
III. Summary of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual FY 2022-23 FY 2022-23
Fund 570 Fund 570
Police Police
Budget Actual
Revenues and Transfers In
Interest on Investments 2,206 10,569
Police Facility Fees 28,760 38,071
Admin Fee 705 2,639
Total Revenues 31,671 51,279
Expenditures and Transfers Out
Repairs to Buildings & Fixed Equipment 20,000 19,296
20347 Enterprise Access System (6/2024) 45,000 -
20483 Police Facility Improvements (ongoing) 300,000 53,547 Total Expenditures 365,000 72,843
Net Increase(Decrease) (21,563)
Beginning Fund Balance 679,027
Ending Fund Balance 657,463
Projected future projects:

Estimated Expenditures
Repairs to Buildings & Fixed Equipment (ongoing) 50,000 20347 Enterprise Access System (6/2024) 45,000
20483 Police Facility Improvements (ongoing) 246,453
Total Estimated Expenditures 341,453
In Fiscal Year 2023, the City entered into a 55 year loan with Valencia Gardens for $762,500, a portion of which is in Fund 570 (Police Facility Fees). Revenue for the loan will be recognized when the City receives payment from Valencia Gardens. 257
Attachment E
I. Findings:
development within the City of Orange. The relationship between the fee and the purpose for which it is charged is described than the revenues collected in the prior five years less the projected expenditures of future projects. Fund 573 Library Facilities Fees is in compliance and no refunds need to be made. All documents and amendments incorporated herein by reference are on file with the City Clerk's Office. The purpose of this fee is described in Orange Municipal Code Section 3.50.010.

II. Library Facilities Fee Schedule:

Library Facilities Fees
Fees:

Residential $1,280/unit
Commercial $0.077/sq. ft.

Fund 573
City of Orange
Annual Report for Library Facilities Development Fees
For The Year Ended June 30, 2023
incomplete improvements and designates approximate dates on which the funding is expected to be deposited into the fund.

Per the California Government Code Section 66001 (d), the City is required to refund the unexpended revenues that are more The fee provides for new library facilities and other capital acquisition costs required, incrementally, by new residential Improvement Plan adopted in June 2023 identifies all sources and amounts of funding anticipated to complete financing of in the "City of Orange Library Impact Fee Study", dated April 2, 2003, prepared by Maximus, Inc. The City's 5-year Capital 258
Attachment E
III. Summary of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual FY 2022-23 FY 2022-23
Fund 573 Fund 573
Library Library
Budget Actual
Revenues and Transfers In
Interest on Investments 2,450 10,590
Library Impact Fees 69,839 36,156
Admin Fee 1,711 886
Total Revenues 74,000 47,632
Expenditures and Transfers Out
20347 Enterprise Access System (6/2024) 45,000 -
20405 Homework Center Refresh (completed) - (172)
20461 Main Library Improvements (ongoing) 257,785 257,060 20462 Taft Library Improvements (ongoing) 156,327 156,793 20463 El Modena Library Improvements (ongoing) 155,410 155,410 30056 HVAC Replacement - Library (3/2024) 283,835 4,072 Total Expenditures 898,357 573,163
Net Increase(Decrease) (525,532)
Beginning Fund Balance 923,753
Ending Fund Balance 398,222
Projected future projects:

Estimated Expenditures
20347 Enterprise Access System (6/2024) 45,000
20461 Main Library Facility Improvement (ongoing) 725
30056 HVAC Replacement - Library (3/2024) 279,763
Total Estimated Expenditures 325,488
In Fiscal Year 2023, the City entered into a 55 year loan with Valencia Gardens for $762,500, a portion of which is in Fund 573 (Library Facility Fees). Revenue for the loan will be recognized when the City receives payment from Valencia Gardens. 259
Agenda Item
City Council
Item #: 3.12. 12/12/2023 File #: 23-0764
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Adoption of Fiscal Year Ended June 30, 2023, Measure M2 Expenditure Report. Resolution No. 11506.

2. SUMMARY
Orange County Transportation Authority requires forms for tracking M2 expenditures and net revenues that all public agencies must use in order to be in compliance with the Renewed Measure M Eligibility Guidelines.

3. RECOMMENDED ACTION
Adopt Resolution No. 11506. A Resolution of the City Council of the City of Orange concerning the Fiscal Year Ended June 30, 2023, Measure M2 Expenditure Report for the City of Orange.

4. FISCAL IMPACT
Adopting Resolution No. 11506 will allow the City to receive Measure M2 funding for transportation projects.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities. c. Provide appropriate reserves.

6. DISCUSSION AND BACKGROUND
In Fiscal Year 2022-2023, the City received $3,875,255 in M2 Fairshare funding and $293,879 in other M2 funding, which includes funding for Comprehensive Transportation and Senior Mobility. The City is required to complete the attached M2 Expenditure Report and submit to Orange County Transportation Authority (OCTA) for compliance tracking and reporting on an annual basis.

7. ATTACHMENTS
· Resolution No. 11506
· M2 Expenditure Report for the Fiscal Year Ended June 30, 2023 City of Orange Printed on 12/7/2023Page 1 of 1
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Agenda Item
City Council
Item #: 3.12. 12/12/2023 File #: 23-0764
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Adoption of Fiscal Year Ended June 30, 2023, Measure M2 Expenditure Report. Resolution No. 11506.

4. FISCAL IMPACT
Adopting Resolution No. 11506 will allow the City to receive Measure M2 funding for transportation projects.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities. c. Provide appropriate reserves.

7. ATTACHMENTS
· Resolution No. 11506
· M2 Expenditure Report for the Fiscal Year Ended June 30, 2023 City of Orange Printed on 12/7/2023Page 1 of 1
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RESOLUTION NO. 11506

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE CONCERNING THE
FISCAL YEAR ENDED JUNE 30, 2023 MEASURE
M2 EXPENDITURE REPORT FOR THE CITY OF
ORANGE

WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and

WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and

WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and

WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and

WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange does hereby inform OCTA that:

a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of fiscal year.

b) The M2 Expenditure Report is hereby adopted by the City of Orange.

c) The City of Orange Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2023.

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2 ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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Agenda Item
City Council
Item #: 3.13. 12/12/2023 File #: 23-0788
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Adoption of a resolution approving the terms and conditions of the Master Agreement between the City of Orange and Caltrans for State Funded Projects. Resolution No. 11507.

2. SUMMARY
The Master Agreement is a requirement to enable the City of Orange to receive state funds for local transportation projects. Resolution 11507 will approve the terms and conditions of the Master Agreement and authorize the City Manager or Director of Public Works, or their respective designee, to execute the Master Agreement and any related project-specific Program Supplement Agreements.

3. RECOMMENDED ACTION
Adopt Resolution No. 11507. A Resolution of the City Council of the City of Orange approving the terms and conditions of the Master Agreement between the City and the State for state-funded projects from the State Transportation Improvement Program or other state-funded programs and authorizing the City Manager or the Director of Public Works to execute any and all Program Supplement Agreements to implement the Master Agreement.

4. FISCAL IMPACT
None. Adoption of Resolution 11507 and approval of the Master Agreement requires no funding obligation at this time.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
The California Legislature has enacted legislation by which certain state funds are made available for use on local transportation related projects of public entities qualified to act as recipients of state funds. A Master Agreement between the Administering Agency (local agency, in this case City of Orange) and the State (Caltrans) is required to be in place before funds are made available for a state-funded transportation project. The Master Agreement will enable the City to receive and City of Orange Printed on 12/7/2023Page 1 of 2
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Item #: 3.13. 12/12/2023 File #: 23-0788
state-funded transportation project. The Master Agreement will enable the City to receive and administer funding from the State Transportation Improvement Project or other state-only funded programs. It establishes the terms and conditions applicable to both parties. In the Master Agreement, the Administering Agency agrees to comply with all state laws, regulations, policies, and procedures relative to design, right-of-way acquisition, environmental compliance, construction, and maintenance of a completed facility.

The City had previously executed a similar Master Agreement for state-funded projects in 2008.

However, as federal and state laws evolve, such Master Agreements are periodically updated to account for changes in policies. It has been 15 years since the previous Master Agreement was executed and as a result, the State requires an update. New state-funded projects to be implemented will be tied to this newer Master Agreement, while prior projects will continue to be tied to the version of the Master Agreement they were originally associated with.

In addition, Program Supplement Agreements (PSA) are used to amend the Master Agreement and describe the phase(s), costs, and special conditions that apply to specific state-funded projects. The PSA identifies the reimbursable phase(s) of work in addition to the types and amounts of state and local funds that will be used to finance the project. It is the contractual basis for the State to reimburse the City for work done. For every state-funded transportation project, there is a corresponding project-specific PSA.

As in any agreement, each PSA is required to be executed by the local governing agency. By adopting Resolution 11507, the City Council is authorizing the City Manager or the Director of Public Works, or their respective designee, to execute the attached Master Agreement and individual PSAs as they occur. In doing so, the process of executing specific project PSAs is streamlined, saving time and effort in processing state-funded projects. This method is both encouraged by Caltrans and consistent with its Local Assistance Procedures.

This Master Agreement and Resolution mirrors the same documents and procedures that the City already has in place for federally-funded projects.

7. ATTACHMENTS
· Resolution No. 11507
City of Orange Printed on 12/7/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.13. 12/12/2023 File #: 23-0788
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Adoption of a resolution approving the terms and conditions of the Master Agreement between the City of Orange and Caltrans for State Funded Projects. Resolution No. 11507.

4. FISCAL IMPACT
None. Adoption of Resolution 11507 and approval of the Master Agreement requires no funding obligation at this time.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
The California Legislature has enacted legislation by which certain state funds are made available for use on local transportation related projects of public entities qualified to act as recipients of state funds. A Master Agreement between the Administering Agency (local agency, in this case City of Orange) and the State (Caltrans) is required to be in place before funds are made available for a state-funded transportation project. The Master Agreement will enable the City to receive and City of Orange Printed on 12/7/2023Page 1 of 2
powered by Legistar™
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Item #: 3.13. 12/12/2023 File #: 23-0788
state-funded transportation project. The Master Agreement will enable the City to receive and administer funding from the State Transportation Improvement Project or other state-only funded programs. It establishes the terms and conditions applicable to both parties. In the Master Agreement, the Administering Agency agrees to comply with all state laws, regulations, policies, and procedures relative to design, right-of-way acquisition, environmental compliance, construction, and maintenance of a completed facility.

The City had previously executed a similar Master Agreement for state-funded projects in 2008.

This Master Agreement and Resolution mirrors the same documents and procedures that the City already has in place for federally-funded projects.

7. ATTACHMENTS
· Resolution No. 11507
City of Orange Printed on 12/7/2023Page 2 of 2
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RESOLUTION NO. 11507

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE APPROVING THE

TERMS AND CONDITIONS OF THE MASTER

AGREEMENT BETWEEN THE CITY AND THE

STATE FOR STATE -FUNDED PROJECTS

FROM THE STATE TRANSPORTATION

IMPROVEMENT PROGRAM OR OTHER

STATE-FUNDED PROGRAMS AND

AUTHORIZING THE CITY MANAGER OR

THE DIRECTOR OF PUBLIC WORKS TO

EXECUTE ANY AND ALL PROGRAM

SUPPLEMENT AGREEMENTS TO
IMPLEMENT THE MASTER AGREEMENT.

WHEREAS, the City of Orange (“City”) has applied to the State for funding from either the State Transportation Improvement Program or other State-Funded programs (hereafter jointly referred to as “State Funds”) for use on eligible City transportation related projects; and

WHEREAS, in order to receive such funds the City Council is required to approve the “Master Agreement Administering Agency-State Agreement for State-Funded Projects” by and between the City and the State of California, acting by and through its Department of Transportation (“Caltrans”) (hereafter, the “Master Agreement”); and

WHEREAS, the Master Agreement anticipates that project specific Program Supplement Agreements will be entered into by and between the City and Caltrans for the purpose of identifying eligible transportation projects and the types and amounts of State Funds that could be used to finance the project. A Program Supplement Agreement is the contractual basis for Caltrans to pay the City for work done and includes special covenants or clauses defining the City’s and Caltrans ’ specific responsibilities in implementing and maintaining the project; and

WHEREAS, the Master Agreement requires that a Program Supplement Agreement be approved by the City Council unless the City Council has delegated that responsibility to another City officer; and

WHEREAS, the City Council desires to save time and work by authorizing the City Manager and the Director of Public Works to execute Program Supplement Agreements and such other and further documentation as they may deem necessary and appropriate for projects to be constructed by the City under the Master Agreement.

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

Section 1. Approval of the Master Agreement. The terms and provisions of the Master Agreement between the City of Orange and Caltrans in the form attached hereto as Exhibit “A” 273
2 are approved. Accordingly, the Public Works Director is hereby authorized and directed to execute the Master Agreement on behalf of the City.

Section 2. Authorization for Officers to Act . The City Council authorizes and directs the Director of Public Works or the City Manager, or their designees, to execute on behalf of the City all Program Supplement Agreements as they occur under the Master Agreement and to do any and all things and tak e any and all actions and execute any and all documents, which they, or any of them, may deem necessary or advisable or that Caltrans requires relevant to the implementation of the Master Agreement and to take any and all action deemed by any of them to be proper in connection with the Master Agreement.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Agenda Item
City Council
Item #: 3.14. 12/12/2023 File #: 23-0756
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Rejection of all bids for Community Development Block Grant El Modena Basin Public Restroom Improvement Project; adoption of a resolution authorizing the use of City employees to perform site preparation and installation as needed for the Project; and authorization to purchase the restroom building from Public Restroom Company. Resolution No. 11509.

2. SUMMARY
Bids for the Community Development Block Grant El Modena Basin Public Restroom Improvement Project were received and opened on November 16, 2023. Two bidders responded to the notice inviting bids. Since the bid from the apparent low bidder is higher than the budgeted amount, staff recommends rejecting all bids, and based on its determination that the work can be performed more economically using City employees, for the City Council to adopt a resolution authorizing City employees to perform site preparation and installation as needed, and the purchase of the restroom building with a cooperative purchasing contract, as permitted by State law and Orange Municipal Code and policies.

3. RECOMMENDED ACTION

1. Reject all bids received for Bid No. 23-24.15 (SP-4257); Community Development Block Grant El Modena Basin Public Restroom Improvement Project (“Project”).

2. Adopt Resolution No. 11509. A Resolution of the City Council of the City of Orange Making a Declaration Pursuant to the Uniform Public Contracting Cost Accounting Act (Public Contract Code Section 22038) and Orange Municipal Code Section 3.08.550 that the El Modena Basin Public Restroom Improvement Project can be performed more economically by City Employees and further declaring pursuant to the Local Agency Public Construction Act (Public Contract Code Section 20167) that the materials may be furnished at a lower price in the open market.

3. Approve the purchase of the restroom building from Public Restroom Company under Sourcewell Contract # 081721-PRM.

4. FISCAL IMPACT
The total project expenditure is estimated to be $275,407 representing the purchase of a restroom building from Public Restroom Company in the amount of $155,407, plus City’s estimated cost $120,000 to perform site preparation and installation as needed. This project will be funded by the Community Development Block Grant (310), the El Modena Basin Restroom Improvement Project City of Orange Printed on 12/7/2023Page 1 of 2
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Item #: 3.14. 12/12/2023 File #: 23-0756
(30226), account # 310.5028.56015.30226. This was included in the FY24 adopted budget.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City Council previously approved advertisement for bids on October 10, 2023. The bid solicitation was advertised on October 12, 2023, for a period of five weeks and bids were opened on November 16, 2023. Two bids were received as follows:

1. HZS Engineering Inc., Orange, CA $367,730

2. Lucas Builders, Inc., La Habra, CA $580,665
Since the bids are higher than the budgeted funds of $300,000 allocated for this project, staff recommends rejecting all bids received. Staff undertook an evaluation and determined that the Project could be performed more economically using City employees and materials purchased at a lower price in the open market. Staff will purchase the restroom building under Sourcewell Contract #081721-PRM and utilize City employees to perform site preparation and installation as needed. This method of procurement is a cooperative purchasing arrangement that several government agencies use to minimize costs and staff resource impacts. By using Sourcewell, a public agency that competitively bids on construction tasks, specifications, materials, equipment, and labor costs, the City can access highly qualified specialty contractors and lower overall capital costs. The City of Orange is a member of Sourcewell and has used the cooperative agreements procurement process.

This approach not only ensures the project cost stays under budget, but the project can also be completed about 45 days sooner mainly due to time saved with the elimination of the contract award and execution process that’s typically associated with a construction contractor.

7. ATTACHMENTS
· Bid Abstract
· Resolution No. 11509
City of Orange Printed on 12/7/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.14. 12/12/2023 File #: 23-0756
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Reject all bids received for Bid No. 23-24.15 (SP-4257); Community Development Block Grant El Modena Basin Public Restroom Improvement Project (“Project”).

3. Approve the purchase of the restroom building from Public Restroom Company under Sourcewell Contract # 081721-PRM.

4. FISCAL IMPACT
The total project expenditure is estimated to be $275,407 representing the purchase of a restroom building from Public Restroom Company in the amount of $155,407, plus City’s estimated cost $120,000 to perform site preparation and installation as needed. This project will be funded by the Community Development Block Grant (310), the El Modena Basin Restroom Improvement Project City of Orange Printed on 12/7/2023Page 1 of 2
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Item #: 3.14. 12/12/2023 File #: 23-0756
(30226), account # 310.5028.56015.30226. This was included in the FY24 adopted budget.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

1. HZS Engineering Inc., Orange, CA $367,730

7. ATTACHMENTS
· Bid Abstract
· Resolution No. 11509
City of Orange Printed on 12/7/2023Page 2 of 2
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1 2
Bid No. 23-24.15; Project No. SP-4257
Date of Bid Opening: 11/16/2023
Tel. No. Tel. No. (714) 888-8468
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Site Preparation and Installation of
Pre-Fabricated Restroom Building 1 LS 25,000.00$ $25,000.00 $18,000.00 $18,000.00 $169,000.00 $169,000.00 2 Clearing and Grubbing
$0.00 $0.00 $0.00 $0.00 $0.00
3 Utilities - Water 1 LS 10,000.00$ $10,000.00 $24,000.00 $24,000.00 $18,000.00 $18,000.00 4 Utilities - Sewer 1 LS 5,000.00$ $5,000.00 $20,000.00 $20,000.00 $21,000.00 $21,000.00 5 Utilities - Electrical 1 LS 15,000.00$ $15,000.00 $27,000.00 $27,000.00 $10,800.00 $10,800.00 6 Furnish Pre-Fabricated Restroom
Building, Public Restroom Company,
Model PS-011
1 EA 190,000.00$ $190,000.00 $212,000.00 $212,000.00 $311,000.00 $311,000.00 7 Construct 5' Concrete Sidewalk Per
City Std 118 & 120 225 SF 20.00$ $4,500.00 $178.00 $40,050.00 $117.00 $26,325.00 8 Retrofit Existing Irrigation System Per
New Landscaping Installation 1 LS 3,500.00$ $3,500.00 $12,000.00 $12,000.00 $17,500.00 $17,500.00 9 Furnish and Install 24” box Pyrus
Calleryana – Bradford Pear (tree) 1 EA 540.00$ $540.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 10 Furnish and Install 5 gallon
Pittosporum Tobira ‘Variegatum’
(shrub/hedge)
7 EA 50.00$ $350.00 $550.00 $3,850.00 $400.00 $2,800.00 11 Furnish and Install 5 gallon Calliandra
Haematocephala (hedge/vine) 3 EA 50.00$ $150.00 $640.00 $1,920.00 $300.00 $900.00 12 Furnish and Install 1 gallon Carissa
‘Emerald Blanket’ (ground cover) 23 EA 20.00$ $460.00 $170.00 $3,910.00 $80.00 $1,840.00 $254,500.00 $367,730.00 $580,665.00
La Habra, CA
Grand Total

ENGINEER'S ESTIMATE
CDBG El Modena Basin Public Restroom Improvement
Project
HZS Engineering, Inc Lucas Builders, Inc
Orange, CA
City of Orange: Summary of Bid Abstracts for:

Page 1 of 1 ends

RESOLUTION NO. 11509

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE MAKING A

DECLARATION PURSUANT TO THE

UNIFORM PUBLIC CONTRACTING COST

ACCOUNTING ACT (PUBLIC CONTRACT
CODE SECTION 22038) AND ORANGE
MUNICIPAL CODE SECTION 3.08.550 THAT

THE EL MODENA BASIN PUBLIC RESTROOM

IMPROVEMENT PROJECT CAN BE

PERFORMED MORE ECONOMICALLY BY

CITY EMPLOYEES AND FURTHER

DECLARING PURSUANT TO THE LOCAL

AGENCY PUBLIC CONSTRUCTION ACT
(PUBLIC CONTRACT CODE SECTION 20167)

THAT THE MATERIALS MAY BE FURNISHED

AT A LOWER PRICE IN THE OPEN MARKET

WHEREAS, on October 10, 2023, the City Council approved the solicitation of bids for the El Modena Basin Public Restroom Improvement Project, to be funded by U.S Department of Housing and Urban Development’s Community Development Block Grant Program (“Project”); and

WHEREAS, on October 12, 2023, the City advertised IFB No. 23-24.15/SP-4257 in accordance with the Public Contract Code, the City of Orange Municipal Code (“OMC”) and the City’s Purchasing Policy; and

WHEREAS, thereafter, the City received two bids for the Project and opened said bids on November 17, 2023 , with the apparent low bidder exceeding the budgeted amount for this Project; and

WHEREAS, the City is subject to the Uniform Public Contract Cost Accounting Procedures (“UPCCAA”) set forth by Public Contract Code Section 22000, et seq ., by its adoption of Ordinance No. 12-99 on July 13, 1999 and Resolution No. 9133 on June 22, 1999; and

WHEREAS, under Section 22038 of UPCCAA, Section 3.08.550 of Chapter 3.08 (Purchasing System) of Title 3 (Revenue and Finance) of the OMC, and the City’s Purchasing Policy, and as contained in the IFB, the City may reject any and all bids, and thereafter, generally:
(1) abandon the project, (2) re -advertise solicitation of bids, or (3) perform the work with City employees, after appropriate noticing of the rejection of bids , based on a determination by City Council resolution adopted by at least a four-fifths vote; and

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2 WHEREAS, after conducting an evaluation of the cost estimates for this Project and after the appropriate noticing requirements to bidders under UPCCAA and the OMC, staff believes that the Project can be completed more economically by use of City employees; and

WHEREAS, both UPCCAA and the OMC provide that, upon passage of a Resolution declaring that the Project can be performed more economically by City employees, the City may proceed with the project without any further compliance with competitive bidding rules; and

WHEREAS, the Public Contracts Code, at Section 20167, further provides, in pertinent part, that “after rejecting bids, the legislative body may pass a resolution by a four-fifths vote of its members declaring that…materials or supplies [may be] furnished at a lower price in the open manner;” and

WHEREAS, Section 20167 similarly provides that, upon adoption of said resolution, the project may proceed without further complying with applicable provisions of Chapter 1 (Local Agency Public Construction Act) of the Public Contract Code (“LAPCA”) regarding competitive bidding.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby declares as follows:

SECTION 1:

• That the above recitals are true and correct.

• That all bids received for IFB No. 23 -24.15- the El Modena Basin Public Restroom Improvement Project are rejected.

• That, in accordance with UPCCAA and OMC Section 3.08.550, and based on staff’s recommendation, the Project can be performed more economically by City employees.

• That, in accordance with the LAPCA at Section 20167, the Project’s materials may be furnished at a lower price in the open market.

• That staff is directed to undertake all actions reasonably necessary to move forward with completion of the Project, including purchase of materials on the open market, by cooperative (piggyback purchasing) or as a sole-source purchase, or any manner as may be appropriate and most economical, and using City employees for installation , without further compliance with any competitive bidding.

SECTION 2. This Resolution is effective immediately upon adoption.

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3 SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Book of Original Resolutions.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
297
Agenda Item
City Council
Item #: 3.15. 12/12/2023 File #: 23-0800
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Memorandum of Understanding between the City of Orange and the Orange Maintenance and Crafts Employees’ Association. Resolution No. 11510.

2. SUMMARY
Resolution No. 11510 establishes the Memorandum of Understanding between the City of Orange and the Orange Maintenance and Crafts Employees’Association for the period of January 1, 2024, through June 30, 2025.

3. RECOMMENDED ACTION
Adopt Resolution No. 11510. A Resolution of the City Council of the City of Orange Repealing Resolution No. 11279 and approving the Memorandum of Understanding between the City of Orange and the Orange Maintenance and Crafts Employees’ Association, concerning wages, hours, and other conditions of employment effective January 1, 2024, through June 30, 2025.

4. FISCAL IMPACT
The total cost for this MOU is approximately $481,900, of which $160,600 is included in the FY 2023- 24 adopted budget. The remaining balance of $321,300 will be included in the FY 2024-25 budget.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
In September 2023, the City began the collective bargaining process with the Orange Maintenance and Crafts Employees’Association (OMCEA). The current contract between the parties expires on December 31, 2023.

After seven meetings, on November 29, 2023, the parties reached agreement on the terms and conditions of an eighteen-month labor contract that includes the following:

City of Orange Printed on 12/7/2023Page 1 of 3
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Item #: 3.15. 12/12/2023 File #: 23-0800
TERM January 1, 2024 through June 30, 2025
SALARIES 5.5% Across-the-Board Salary Increase
effective December 31, 2023.

HEALTH BENEFITS Increase monthly contribution to health benefits as follows: Effective January 1,
2024 o Single: $1,095 o 2-Party: $1,620
o Family: $1,995 Effective January 1,
2025 o Single: $1,095 o 2-Party: $1,670
o Family: $2,095
HOLIDAY · Convert existing Floating Holiday (9
hours) to designate as Martin Luther King
Jr. Day. · Increase Christmas Eve holiday
from 4.5 hours to 9 hours, if it falls Monday
through Thursday.

CALL BACK COMPENSATION Increase from 2.5 hours to 3 hours call back compensation.

CLOTHING REIMBURSEMENT Increase clothing reimbursement
allowance from up to $150 to up to $300
for eligible employees, per fiscal year,
effective July 1, 2024.

TOOL ALLOWANCE Increase tool allowance from $750 to
$1,000 per fiscal year, effective July 1,
2024.

LIFE INSURANCE Increase life insurance benefit from
$40,000 to $50,000 effective January 1,
2024.

LONG-TERM DISABILITY Increase salary cap from $4,000 per month to $6,000 per month effective January 1,
2024.

SAFETY SHOES Increase safety shoe allowance from $450
to $500 per fiscal year, effective July 1,
2024.

BEREAVEMENT LEAVE Increase paid bereavement leave from
three (3) to five (5) days per incident, for
regular full-time employees.

Orange Maintenance & Crafts Employees’Association took this to a vote of their membership and ratified the tentative agreement on December 1, 2023. City Council approval is required to finalize this agreement in the form of a Memorandum of Understanding.

7. ATTACHMENTS
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· Resolution No. 11510
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Agenda Item
City Council
Item #: 3.15. 12/12/2023 File #: 23-0800
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Memorandum of Understanding between the City of Orange and the Orange Maintenance and Crafts Employees’ Association. Resolution No. 11510.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

After seven meetings, on November 29, 2023, the parties reached agreement on the terms and conditions of an eighteen-month labor contract that includes the following:

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TERM January 1, 2024 through June 30, 2025
SALARIES 5.5% Across-the-Board Salary Increase
effective December 31, 2023.

CALL BACK COMPENSATION Increase from 2.5 hours to 3 hours call back compensation.

CLOTHING REIMBURSEMENT Increase clothing reimbursement
allowance from up to $150 to up to $300
for eligible employees, per fiscal year,
effective July 1, 2024.

TOOL ALLOWANCE Increase tool allowance from $750 to
$1,000 per fiscal year, effective July 1,
2024.

LIFE INSURANCE Increase life insurance benefit from
$40,000 to $50,000 effective January 1,
2024.

LONG-TERM DISABILITY Increase salary cap from $4,000 per month to $6,000 per month effective January 1,
2024.

SAFETY SHOES Increase safety shoe allowance from $450
to $500 per fiscal year, effective July 1,
2024.

BEREAVEMENT LEAVE Increase paid bereavement leave from
three (3) to five (5) days per incident, for
regular full-time employees.

7. ATTACHMENTS
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· Resolution No. 11510
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RESOLUTION NO. 11510

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REPEALING RESOLUTION NO.
11279 AND APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF

ORANGE AND THE ORANGE MAINTENANCE
AND CRAFTS EMPLOYEES ’ ASSOCIATION,

CONCERNING WAGES, HOURS, AND OTHER

CONDITIONS OF EMPLOYMENT EFFECTIVE
JANUARY 1, 2024, THROUGH JUNE 30, 2025

WHEREAS, the City of Orange, hereinafter referred to as "C ity", and the Orange Maintenance and Crafts Employees’ Association, h ereinafter referred to as "Association ", collectively the “Parties” , have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and

WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective January 1, 2024 through and June 30 , 2025 and the City Council desires to repeal Resolution No. 11279 and amendments thereto for said employees, as set forth in the Memorandum of Understanding, hereinafter referred to as “MOU”.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached MOU is approved and incorporated by reference as Exhibit A as fully set forth herein and furthermore, that staff is authorized to adjust the departmental salary and benefit accounts in the FY24 and FY25 budgets to reflect the cost of the contract provisions.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

304
2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

____________________________________
Pamela Coleman, City Clerk, City of Orange

Attachment: Exhibit A

305

Exhibit A

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ORANGE

AND

THE ORANGE MAINTENANCE & CRAFTS
EMPLOYEES’ ASSOCIATION

JANUARY 1, 2024 THROUGH JUNE 30, 2025

306

TABLE OF CONTENTS

Article No. Article Title Page No.

I Recognition 1
II Non-Discrimination 1
III Salaries 2
IV Work Week 4
V Probation 4
VI Promotion 5
VII Demotion 5
VIII Reassignment of Compensation Ranges 5
IX Working Out of Class 6
X Overtime/Compensatory Time/Call Back 7
XI Holidays 9
XII Vacation 11
XIII Part-Time and Temporary Employee Eligibility for
Fringe Benefits 12
XIV Leaves of Absence 12
XV Fringe Benefit Administration 19
XVI Health Benefits 19
XVII Educational Assistance/Wellness Program 21
XVIII Retirement 22
XIX Miscellaneous 23
XX Travel Expense Allowed 25
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XXI Safety and Health 26
XXII City Management Rights and Responsibilities 26
XXIII Employee Organizational Rights and Responsibilities 27 XXIV Grievance Procedure 29
XXV Disciplinary Appeals Procedure 30
XXVI No Strike-No Lockout 31
XXVII Association Representatives 32
XXVIII Layoff Procedure 33
XXIX Scope and Application of Memorandum of Understanding 36 XXX Waiver of Bargaining During Term of Memorandum of
Understanding 36
XXXI Emergency Waiver 36
XXXII Memorandum of Understanding Terms Severable 37
XXXIII Term of Memorandum of Understanding 37
XXXIV Ratification and Execution 37
Appendix A Monthly Salary Ranges 39 308

1 ARTICLE I

RECOGNITION

SECTION 1. Pursuant to the provisions of the Employer -Employee Relations Resolution No. 3611 of the City of Orange, hereinafter referred to as the "City" for the purpose of meeting its obligations under the Meyers -Milias-Brown, Act (Government Code Section 3500 et. seq.), Employer-Employee Relations Resolution No. 3611 , or as amended, and this Memorandum of Understanding hereinafter referred to as the “MOU”, has recognized the Orange Maintenance & Crafts Employees’ Association , hereinafter referred to as “ Association” as the majority representative of the employee classifications listed within Appendix A . As a majority representative, the Association is empowered to act on behalf of all employees who hold positions in classifications covered by this MOU whether or not they are i ndividually members of the Association, when City rules, regulations, or law affecting wages, hours or other terms and conditions of employment are amended or change.

The City and the Association have reviewed an updated Employer -Employee Labor Relations Resolution, which shall be adopted by the City Council at a future date once all City bargaining groups have had an opportunity to review.

SECTION 2. Any modification or interpretation of the rights of the parties concerning recognition set forth above shall only be established in accordance with Federal and/or State law.

ARTICLE II

NON-DISCRIMINATION

SECTION 1. The parties mutually recognize and agree to protect the rights of all employees herein to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employe r-Employee Relations Resolution and Government Code Sections 3500 et seq.

SECTION 2. In accordance with Federal and State law, the City and the Association agree that they shall not discriminate against any employee on the basis of actual or perceived race, color, national origin, religion, sex, gender, gender identity, physical or mental disability, medical condition (cancer-related or genetic information), ancestry, marital status, age, sexual orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994) or any other lawfully protected class. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with Federal or State anti- discrimination laws.

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2 ARTICLE III

SALARIES

SECTION 1. BASIC COMPENSATION PLAN. A basic compensation plan is established for all employees covered by this MOU who are now employed, or will in the future be employed, in any of the designated classification titles listed in this MOU and its attachments.

SECTION 2. SALARIES. Salaries and their effective dates for employees covered by this MOU are listed in Appendix A. The salary and wage schedules shall constitute the basic compensation plan consisting of six (6) steps or rates of pay in each range. The respective ranges shall be identified by number and the steps by the letters A to F. The listed salary and wage schedules are based on a forty (40) hour work week.

SECTION 3. HOURLY RATE PART-TIME EMPLOYEES.

A. For all employees who have a regular weekly work schedule of forty (40) hours, the equivalent hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,080 annual hours. The hourly rate for persons employed on a regular part-time or temporary basis in an equivalent classification shall be determined in the same manner. In determining the hourly rate as herein provided, compensation shall be made to the nearest half (½) cent.

B. Regular part-time employees who are scheduled to work on an average of at least twenty (20) hours per week on a year -round basis may be considered for advancement to the next higher step upon completion of hours of employment equal to the minimum number of months of service required by full -time employees. 1,040 hours of regular part-time employment shall equal six (6) months of service.

SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate shown in Step A in the range assigned to the class ification for which the employee has been hired, exc ept that on the request of the Department Head under whom the employee will serve, and with the authorization of the Human Resources Director , such employee may be placed at any step depending upon the employee's qualifications.

SECTION 5. SERVICE. The word service as used in this MOU, shall be defined to mean continuous, full -time service in an employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.

A lapse of service by any employee f or a period of time longer than thirty (30) calendar days by reason of resignation or for any length of time due to discharge eliminates the accumulated length of service time of such employee for the purpose of this MOU. Such employees re-entering the service of the City shall be considered a s a new employee, except that the employee may be re- employed within one (1) calendar year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the separation of employment.

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3 SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. The following regulations shall govern salary advancement:

A. Merit Advancement. An employee shall be considered for advancement through the salary range based only on continuous, meritorious, and efficient performance, and continued improvement by the employee in the effective performance of duties. If merited, advancement through the salary range shall occur in yearly increments. A merit increase shall become effective on the first day of the pay period following completion of the length of serv ice required for such advancement. Such merit advancement shall require the following:

1) The Department Head shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. If denied by the Human Resources Director, the reason for the denial will be provided to the Department Head.

B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Department Head may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of se rvice provisions contained in this MOU. The Human Resources Director may, on the basis of a Department Head's recommendation, approve and effect such advancement.

C. Length of Service Required when Advancement is Denied. When an employee is not approved for advancement to the next higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in Section 6A.

SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step A may be reduced by one or more steps for just cause upon the recommendation of the Department Head with the approval of the Human Resources Director.

SECTION 8. BILINGUAL ASSIGNMENT . Employees covered by this Resolution may be assigned by the Department Head, with approval of the Human Resources Director, to a bilingual assignment. The Department Head shall determine the number of bilingual assignment positions which are necessary bas ed upon a demonstrable need and frequency of use. Employees on bilingual assignment shall receive an additional $140.00 per month for the duration of the assignment. Employees receiving bilingual assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis as determined by the Human Resources Department. No permanency or seniority may be obtained in a bilingual assignment and such assignment may be revoked at any time by the Human Resources Director or a duly authorized designee. No employee shall be required to perform a Bilingual Assignment on a regular basis or employ bilingual skills on a regular basis who is not receiving bilingual pay pursuant to this section. This form of pay, also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to 311

4 CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 9. CERTIFICATION PAY/ASSIGNMENT.

A. California Water Environmental Association (CWEA) Sanitation Certification:

1) Employees who possess a CWEA Grade I Sanitation Certificate shall receive $75.00 per month specialty pay.

2) Employees who are required by the State of California to possess a CWEA Grade II Sanitation Certificate shall receive $100.00 per month specialty pay.

3) Employees who are required by the State of California to possess a CWEA Grade III Sanitation Certificate shall receive $125.00 per month specialty pay.

4) An employee who possesses two (2) or more of the above certifications is eligible to receive only the highest grade-certificate premium. There shall be no pyramiding of certificate premium.

B. Mechanic Smog Inspector Certification. Employees who are certified by the California Bureau of Automotive Repair as Smog Inspectors and perform smog checks as part of their regular duties shall receive a $50.00 per month specialty pay.

C. The above forms of compensation, also referred to as “Educational Incentive Pay” shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

ARTICLE IV

WORK WEEK

SECTION 1. The regular work week for all employees covered by this MOU shall be forty (40) hours per week.

SECTION 2. The department shall discuss proposed changes in the established work schedule with the affected employees prior to the implementation of the change.

ARTICLE V

PROBATION

5 suitability for the job. With the approval of the Human Resources Director, the Department Head may, for just cause, extend the probationary period for up to an additional thirteen (13) consecutive pay periods. The employee shall attain regular status in the class ification upon successful completion of the probationary period . An employee who does not satisfy the standards of the classification during the probationary period shall be notified, in writing, and termination or demotion proceedings shall be initiated. A newly hired probationary employee shall not be entitled to appeal a termination or demotion, except as is provided for by law.

Employees serving an initial probationary period are not eligible to compete for closed/promotional recruitment processes.

ARTICLE VI

PROMOTION

SECTION 1. SALARY STEP ASSIGNMENT. When an employee is promoted to a position of a higher classification, the employee may be assigned to Step A in the appropriate range for the higher classification; provided, however, that if such employee is already being paid at a rate equal to or higher than Step A in the appropriate range for the higher classification, the employee shall be placed in the step in that appropriate salar y range as will grant an increase of at least one (1), but no more than three (3) salary steps, at the discretion of the Department Head and the Human Resources Director.

SECTION 2. ELIGIBILITY LIST. When an eligible employee remains in higher bands of a current eligibility list, and the Department Head selects an eligible employee in a lower band, upon request the eligible employee in the higher band will be notified of the reasons for non- selection.

ARTICLE VII

DEMOTION

When an employee is demoted for disciplinary reasons, to a position in a lower classification, the new salary rate shall be assigned to the appropriate salary range for the lower classification and the salary range shall be reduced by at least one (1) step.

ARTICLE VIII

REASSIGNMENT OF COMPENSATION RANGES

SECTION 1. Any employee who is employed in a classification which is allocated to a different pay range shall retain the same salary in the new range as the employee previously held in the prior range, and shall retain credit for length of service acquired in the previously held step toward advancement to the next higher step in the new salary range; provided, however:

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6 A. That if such retention shall result in the advancement of more than one (1) step in the old pay range , the Human Resources Director may, at the time of reassignment, place the employee in a step which will result in an increase of only one (1) step.

B. That if the reassignment is to a lower compensation range, the F step of which is lower than the employee’s existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position shall be reassigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range.

C. That if the reassignment is to a lower compensation range, the F step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is closest to, but no lower than, the existing rate of pay.

D. The City Manager may be permitted to reduce the salary range of any classification, but shall not be able to increase the range when any position is vacant.

ARTICLE IX

WORKING OUT OF CLASS

SECTION 1. The City may only work employees out of classification for up to ten ( 10) consecutive working days without additional compensation.

SECTION 2. ACTING TIME PAY. An employee shall receive acting time pay, as further defined below, at Step A of the higher class, or five percent (5.0%) above the employee’s regular salary, whichever is greater, for work performed in the higher classification on t he eleventh (11th) consecutive working day out of class, and for each consecutive day thereafter an employee works out of class. The Department Head or a duly authorized designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment.

A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent’s approved leave of absence, said employee shall receive Temporary Upgrade Pay. Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is “compensation to employees who are required by their employer or governing board or body to work in an upgraded position/classification of lim ited duration.”

The above form of compensation shall be reported to CalPERS as special compensation and therefore compensation earnable. However, Temporary Upgrade Pay will not be reported to CalPERS as pensionable compensation for New Members hired on or after January 1, 2013, as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA)

7 class appointment” to mean an app ointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a “vacant position” refers to a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee ’s leave of absence (see “Temporary Upgrade Pay” above).

SECTION 3. ELIGIBILITY PERIOD. During the ten (10) consecutive working day eligibility period before an employee is entitled to receive acting time pay, absence for compensatory time and/or vacation shall break consecutiveness and cause the ten (10) consecutive working day eligibility period to start over. Absences for regularly scheduled holidays, regular days off, jury duty, and/or verifiable sick leave shall not constitute a break in consecutiveness for acting pay eligibility.

ARTICLE X

OVERTIME/COMPENSATORY TIME/CALL BACK

SECTION 1. ENTITLEMENT FOR OVERTIME.

A. Compensatory Time. All employees shall be entitled to overtime compensation for all hours worked in excess of forty ( 40) hours within the employee's regular work week.

Compensatory time shall be paid either in the form of pay at the employee's regular hourly rate or equivalent time off. The method of payment of overtime, either in cash or equivalent time off, must be authorized or approved by the Department Head or a duly authorized designee.

B. Premium Overtime. Only time actually worked (i.e., not holiday, vacation, compensatory time, or sick leave) over forty (40) hours in an Fair Labor Standards Act ( FLSA) work period shall be paid at the premium (time and one -half) rate either in the form of pay or compensatory time off. If in the event of circumstances beyond the City’s control (such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or other similar circumstances), an employee is required to hold over on the normal work shift, and to jointly work with another employee who has been called back pursuant to Art icle X, Sections 9 and 11 , then such employee shall be entitled to premium (time and one -half) overtime compensation.

C. Fatigue Pay for Public Works Employees. Any fatigue pay hours, as determined and used pursuant to the Public Works Department Policy, shall count as hours worked for purposes of calculating whether an employees has worked in excess of forty (40) hours within the employee’s regular work week, and for purposes of determining whether the employee will be paid premium overtime.

D. Paid Leave Hours During Holiday Closure. In the event of a City Hall Holiday Closure (during the Christmas/New Year’s Holiday), a ny paid leave hours ( e.g., vacation, compensatory time, holiday or sick leave) used during the Holiday Closure shall count as hours worked for purposes of calculating whether an employees has worked in excess of 315

8 forty (40) hours within the employee’s regular work week, and for purposes of determining whether the employee will be paid premium overtime. If an employee works what would be their regularly scheduled hours during the Holiday Closure, then the employee shall not use any paid leave hours for the hours of work performed. If an employee works outside of their regularly scheduled hours during the Holiday Closure, then such hours will be counted on top of any paid leave hours when calculating the total hours worked for purposes of overtime.

E. The overtime provisions set forth in Subsections 1C and 1D, above, shall be exceptions related to an employee’s entitlement to Premium Overtime, as defined in Subsection 1B, above.

SECTION 2. COMPENSATORY TIME ACCUMULATION. Compensatory time for overtime shall be accumulated in no less than one-quarter (¼) hour per day increments. When an employee works less than one-quarter (¼) hour per day of overtime, the employee shall not receive compensatory time for overtime of less than one-quarter (¼) hour per day worked.

SECTION 3. ELIGIBILITY. In order to be entitled to overtime, such compensatory time must be authorized by the Department Head or a designated representative.

SECTION 4. MAXIMUM COMPENSATORY TIME ACCRUAL . Any accumulated compensatory time accrued in excess of eighty (80) hours per calendar year, shall be automatically paid in cash on the first pay-period of the new calendar year.

SECTION 5. USE OF COMPENSATORY TIME.

A. Accumulated compensatory time off may be taken by an employee upon reasonable notice and prior approval of the Department Head or a duly authorized designee.

B. Accumulated compensatory time off shall be taken by an employee when directed by the Department Head; provided, however, that the Department Head gives an employee at least ten (10) days' notice prior to the date compensatory time off is to be taken.

C. In approving and directing compensatory time off, the Department Head will, as far as practical, attempt to accommodate employee convenience to the degree possible in light of the operational requirements of the department.

SECTION 6. Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work.

SECTION 7. Whenever two (2) or more premium compensation rates or overtime rates may appear to be applicable to the same hour or hours worked by any employee, there shall be no pyramiding or adding together of such premium or overtime rates and only the higher app licable rate shall apply.

SECTION 8. An employee promoted to a higher classification not covered by this MOU shall have all accumulated compensatory time paid in cash at the time of promotion and at the employee's current rate of pay prior to promotion.
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9 SECTION 9. CALL BACK COMPENSATION. If an employee is required to be called ba ck to work after completing the normal work shift, after having left City premises and/or the employee's work location, the employee shall be compensated at the rate of one and one-half (1½) times the employee's equivalent hourly base rate , or one and one -half (1 ½) times the equivalent time off, for each hour worked on call back, with a minimum of three (3) hours of call back, whether or not actually worked. The call back period shall begin when the employee has been informed by the City t o return to work and shall end when the employee leaves the City premises and/or the employee’s work location. This provision shall be applicable to employees although the employee's regular work week is not completed, but shall not apply to employees who are continuing on duty for their normal work shift. Section 11 below denotes compensation provided when an employee is eligible for call back pay and standby pay.

SECTION 10. STANDBY PAY. Employees, assigned by Management to standby status after their regular work hours, will receive two (2) hours per day (Monday through Friday) of standby pay at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays, and Holidays, days where the City closes services (i.e., Holiday Closure), and regular days off (i.e., the employee’s scheduled Friday off as part of the 9/80 schedule). Employees must be capable of performing all duties that would be required if called back to work.

SECTION 11. CALL BACK PAY PLUS STANDBY PAY . Employees who are called back to work pursuant to Section 9 above, and who are assigned by Management to standby status after their regular work hours pursuant to Section 10 above, will receive two and one-half (2½) hours per day (Monday through Friday) of standby pay at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays and Holidays, plus straight time for each hour worked on call back.

All actual hours worked by an employee on stand-by shall count as time worked toward the forty (40) hours for qualifying for premium overtime under FLSA.

ARTICLE XI

HOLIDAYS

SECTION 1. HOLIDAY DESIGNATION. Employees covered by this MOU shall receive the following paid nine (9) hour holidays:

1) January 1st (New Year’s Day)
2) Third Monday in January (Martin Luther King Jr. Day) 3) Third Monday in February (Presidents’ Day)
4) Last Monday in May (Memorial Day)
5) July 4th (Independence Day)
6) First Monday in September (Labor Day)
7) November 11th (Veterans Day)
8) Fourth Thursday in November (Thanksgiving Day)
9) Fourth Friday in November (day after Thanksgiving)
10) December 24th (Christmas Eve), if it falls on a Monday through Thursday 11) December 25th (Christmas Day)

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10 SECTION 2. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. In the event any of the above holidays falls on a Sunday, except Christmas Eve, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except Christmas Eve, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays falls on the employee’s regularly scheduled day off during the week, except Christmas Eve, employees will be credited with nine (9) hours of holiday compensatory time. Accumulated holiday compensatory time must be used by the e mployee by June 30th of the same fiscal year in which it was accumulated or shall be forfeited.

SECTION 3. ELIGIBILITY TO RECEIVE HOLIDAY PAY . In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of an approved absence (e.g., sick leave, vacation, or compensatory time), the employee's regularly scheduled day before and regularly scheduled day after the holiday. Should an employee fail to work the employee's regularly scheduled day before and after the holiday, or if the employee is on an approved leave of absence without pay, the employee shall not be entitled to holiday pay.

SECTION 4. HOLIDAY DURING VACATION . Should one of the holidays listed above fall during an employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation.

SECTION 5. COMPENSATION FOR HOURS WORKED ON OBSERVED CITY HOLIDAYS.

All employees required to work on a holiday listed above shall receive, with the approval of their supervisor, holiday pay plus straight time pay for hours worked on the holiday, or time off equal to the number of hours the employee actually worked on the holiday. Employees who work in excess of their regular number of hours on a holiday listed above, shall receive double time pay for all such hours actually worked. Employees shall receive no other compensation whatsoever for working on a holiday with the exception of the following: Any Association employee required to work and called-out on the following days shall receive two and one-half (2½) pay for all hours worked on: Independence Day (July 4th), Thanksgiving Day, and Christmas Day (December 25th), regardless of the date observed by City Hall employees.

REST OF PAGE LEFT INTENTIONALLY BLANK.

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11 ARTICLE XII

VACATION

SECTION 1. VACATION ACCRUAL. All full-time, regular employees accrue paid vacation as follows:

Years of Service Vacation Hours
Per Year Years of Service Vacation Hours
Per Year
1 80 13 144
2 96 14 152
3 104 15 160
4 112 16 164
5 120 17 168
6 120 18 172
7 120 19 176
8 120 20 180
9 120 21 184
10 120 22 188
11 128 23 192
12 136 24 or more 200

SECTION 2. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the convenience of the City with the approval of the Department Head or a duly authorized designee.

Where possible, such vacation should be taken annually and not accumulated from year to year.

Vacation hours not in excess of the equivalent number of hours earned in the immediately preceding twenty-four ( 24) month period may be accumulated with the permission of the Department Head and the Human Resources Director. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding twenty-four (24) month period. No vacation hours shall be accrued i n excess of the equivalent number of hours earned in the immediately preceding twenty-four ( 24) month period. Probationary employees accrue vacation but may not use vacation until successful completion of an initial probationary period, except in the event of a City Hall Holiday Closure, with the approval of the Human Resources Director.

SECTION 3. VACATION CONVERSION. An employee may convert up to fifty percent (50%) of the employee’s current annual vacation accrual into cash in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 2, above, and may so convert twice in a fiscal year, however, the total amount c onverted per fiscal year shall not exceed fifty percent (50%) of the employee’s annual accrual. Employees serving their initial probationary period shall not be eligible for vacation conversion.

SECTION 4. VACATION PAYOUT UPON TERMINATION. Eligible full-time and part-time employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one- twelfth (1/12) of the employee's annual vacation pay for each full month of service.

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12 ARTICLE XIII

PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE

BENEFITS

SECTION 1. DEFINITIONS. Nothing contained in this section shall guarantee to any employee a specified number of hours per day or days per week or weeks per year or months per year of work.

A. Regular part-time Employees shall be those employees scheduled in the budget to work twenty (20) or more hours per week on a year -round basis (52 weeks minus approved leave).

B. Temporary part-time Employees shall be those employees scheduled in the budget to work less than twenty (20) hours per week on a year -round basis (52 weeks minus approved leave).

C. Seasonal Employees shall be those employees who are scheduled in the budget to work on less than a year-round basis regardless of hours worked.

SECTION 2. REGULAR PART-TIME EMPLOYEES.

A. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an annual basis. The annual schedule for all part -time employees shall be the schedule, which is included in the City’s approved budget, or a schedule , w hich is designated by Management at the commencement of the employee's employment with the City.

B. This formula of proration shall apply to holiday pay, vacation, sick leave, flexible benefit plan contribution, retirement contribution, and disability insurance.

C. Regular, part-time employees may receive step increases provided they work the actual number of hours a full -time employee would have had to work in order to be entitled to progress to the next step of the salary range.

SECTION 3. TEMPORARY AND SEASONAL EMPLOYEES . Temporary and seasonal employees shall receive no fringe benefits provided for in this MOU or in any resolution of the City, except those stated in Article XVIII Retirement, Section 2 of this MOU, or unless otherwise provided by Federal and/or State law.

ARTICLE XIV

LEAVES OF ABSENCE

SECTION 1. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:

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13 A. After all available leave benefits, including vacation, compensatory time, and any other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the Department Head for leave without pay. No such leave will be considered absent a written application from the employee requesting leave.

B. If the Department Head and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other allowable leave benefits.

C. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any o ther benefits shall accrue to any employee on leave of absence without pay except as denoted under the Family and Medical Leave Act ( FMLA) section below. During such leave in excess of five (5) working days, no seniority shall be accumulated.

D. Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division of the City. The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long-term disability leave.

E. At the end of such leave, if the employee desires additional leave, written application must be made through the Department Head to the Human Resources Director at least ten (10) days before the end of the six (6) month period stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, the Human Resources Director may approve such extension of the leave of absence for a period not to exceed an additional six (6) months.

F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has terminated employment with the City.

G. An employee on leave of absence must give the City at least seven (7) days' written notice of the intent to return to work prior to returning to work.

H. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Department Head may be subject to termination.

I. Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof.

J. Such leave shall be granted on the same basis for pregnancy, childbirth and other medically related conditions, except that such an employee shall retain all seniority rights.

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14 K. Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department.

L. Management will allow an employee to take a leave of absence without pay during a City Hall Holiday Closure without having to exhaust all accrued leave benefits on the books. During said closure, employees will not see a reduction in benefits, including no loss of eligibility for holiday pay, if Leave Without Pay hours are used during the closure (i.e. the day after Christmas and/or working day before the New Year’s day.)

SECTION 2. JURY DUTY AND WITNESS SERVICE FOR THE CITY.

A. Jury Duty. When required to serve on a jury, all employees shall have time off for a period not to exceed thirty (30) calendar days for each jury duty summons which an employee responds to per calendar year. Employees shall receive their regular pay for period of ac tual service required on the jury, provided all jury fees paid to the individual employee are turned over to the City, with the exception of automobile expenses allowed. A full -time employee who works a rotating schedule, who is summoned for jury duty, shall be placed on a day-shift until jury duty has concluded; the employee will be excluded from required overtime while performing jury duty.

If an employee is required to call in for jury service and the court does not need the employee’s service, the employee is expected to report to work. Once an employee has completed jury service, the Certificate of Jury Service must be provided to the immediate supervisor to qualify for jury duty compensation.

B. Witness Service for the City. If an employee is called as a witness, on behalf of the City, the employee shall receive normal pay for time spent by the employee serving as a witness for the City. Employees shall be required to pay any witness fees that accrue to the employee for witness service to the City as a condition of receiving normal pay while serving as a witness for the City.

SECTION 3. MILITARY LEAVE OF ABSENCE . If an employee is deployed or required to attend military training, the employee shall be entitled to military leave of absence under the provisions of Federal and State law s, including Uniformed Services Employment and Re - employment Rights Act (USERRA) and the California Military and Veterans Code. Employees must provide a copy of their military orders , and Leave and Earnings Statements (LES) if requested, to the Human Resources Department to qualify for military le ave of absence. Any exceptions to this provision shall be considered on a case-by-case basis, with final approval of the Human Resources Director.

SECTION 4. SICK LEAVE. Sick leave shall accrue and be charged in accordance with the following:

A. For employees working a regular forty (40) hour week, eight (8) hours of sick leave will accrue for each month of continuous service. Probationary employees may us e accrued sick leave during the probationary period.

B. All non-benefitted employees shall receive sick leave as required by State law. 322

15 C. Sick leave will be charged at the rate of one-quarter (¼) hour for each one-quarter (¼) hour an employee is absent.

D. Any employee eligible for sick leave with pay may use such leave for the following reasons:

1) Medical, dental, and vision appointments during work hours when authorized by the Department Head, or a duly authorized designee; and/or

2) Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth and other medically related conditions.

3) For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a).

E. Sick Leave Application. Sick leave may be applied only to absence cause d by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family, except as provided in Section 5 below.

F. Sick Leave Charged. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one -quarter (¼) hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one -half (½) hour. Sick leave shall only be used for the purposes stated , and the Department Head shall be responsible for control of employee abuse of the sick leave privilege. Employees may be required to furnish a certificate issued by a licensed physician or other satisfactory written evidence of illness to establish the employee's entitlement to sick leave payment.

G. Maximum Accumulation of Sick Leave. Employees shall be allowed to accumulate sick leave to a maximum of 960 hours. Sick leave hours in excess of such maximum shall be forfeited.

H. Retirement from City Service and Entering CalPERS as a Retired Annuitant . Upon retiring from City service and entering CalPERS as a Retired Annuitant, an employee shall receive no pay for the first sixty (60) days of accrued si ck leave (0 -480 hours), but shall receive twenty-five percent (25%) pay for the first thirty (30) days of accrued sick leave after the first sixty (60) days of accrued sick leave (481-720 hours), and fifty percent (50%) of all accrued sick leave thereafter (721-960 hours).

I. Death of an Employee. Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee.

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16 J. Sick Leave Conversion.

1) Eligible employees with sick leave usage of 0.0 to 27.0 hours per payroll calendar year will have the option to convert up to thirty (30) hours of their unused sick leave to vacation in the first pay period of the following year.

2) Employees with sick leave usage of 27.25 to 36.0 hours per payroll calendar year may convert up to twenty (20) hours of unused sick leave to vacation in the first pay period of the following year.

3) Employees must have a minimum balance of 180 hours of sick leave available after conversion.

4) However, no hours will be converted to vacation if said vacation conversion places the employee’s vacation bank over the maximum allowable accrual. In this case, all sick leave hours eligible for conversion will instead remain in the employee’s sick leave account.

SECTION 5. FAMILY LEAVE. In accordance with the California Family Sick Leave and Paid Sick Leave Acts, an employee is allowed up to forty-eight (48) hours of family leave per calendar year for family related illness or injury, which shall be charged against the employee’s accumulated sick leave. Family as used in this subsection is limited to any relation by blood, marriage or adoption who is a member of the employee’s household ; and any parent, substitute parent, parent -in-law, spouse, registered domes tic partner, child, brother, sister, grandchild or grandparent of the employee, or “designated person” pursuant to AB1041, regardless of residence.

Benefitted part-time employees are allowed to use up to one -half (½) of their annual accrual of sick leave for family leave purposes.

SECTION 6. BEREAVEMENT LEAVE. Regular full-time employees shall be entitled to take up to five (5) days of paid bereavement leave per incident . The following terms and conditions apply:

A. Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption, who is a member of the employee's household and any parent, legal guardian, parent -in-law, brother-in-law, sister -in-law grandparent, grandchild, aunt, uncle, spouse, registered domestic partner, child, brother, or sister of the employee regardless of residence.

B. Days of absence due to bereavement leave shall not exceed five (5) working days per incident. An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons therefore as soon as p ossible. Failure to inform the immediate supervisor, within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence.

SECTION 7. WORKERS’ COMPENSATION. Association employees who incur a work-related injury or illness will be eligible to receive Workers’ Compensation benefits according to the State 324

17 of California’s Division of Workers’ Compensation (DWC) regulations and benefits provided pursuant to this MOU.

A. Temporary Disability Leave. An Association employee shall be granted temporary disability leave in accordance with the current State of California’s Division of Workers’ Compensation Law s and regulations. When a City employee is entitled to receive temporary disability payments, the City will contribute additional compensation to allow the employee to receive one hundred percent ( 100%) of their regular rate of pay, or provide full salary continuance, for the first 30 days starting from the date of injury. The employee will then receive eighty (80%) of salary for up to an additional 335 calendar days. Temporary disability leave in excess of 365 days will be provided subject to current State regulations. Thereafter, the regular temporary disability Workers’ Compensation rate will apply.

B. Course of Employment. Should it be determined by the employee’s doctor, an agreed doctor by both parties, or an Administrative Law Judge through the Workers’ Compensation Appeals Board, that an employee’s illness or injury did not arise in the course of the employee’s employmen t with the City or that the employee is not temporarily or permanently incapacitated or disabled as a result of the injury or illness, then the employee’s accrued, or if insufficient, future sick leave, shall be charged to reimburse the City for any payments made to the employee pursuant to above.

C. Physician Pre-Designation. Before a work-related injury, an employee may elect to pre- designate a qualified medical provider if done in accordance with the Department of Workers’ Compensation.

D. Fringe Benefits. The City will continue to provide vacation, sick leave, insurance, and other fringe benefits for employees who qualify for workers’ compensation. Any fringe benefits not paid by the City pending the determination of whether an injury/illness is job-related shall be paid retroactively if the injury/illness is subsequently determined to be job-related. In such instances the employee shall be reimburs ed for any benefit or premium payments made by the employee prior to the job -related determination being finalized.

E. An employee receiving temporary disability payments in accordance with the current State of California Division of Workers’ Compensation Laws and regulations may use a prorated amount of accumulated leave (including sick leave , vacation, compensatory time, etc.) to supplement temporary disability payments to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero. At which time, the employee would commence an unpaid leave of absence.

SECTION 8. FAMILY AND MEDICAL LEAVE ACT (FMLA). Federal and State laws require the City to provide family and medical leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the City’s Employee Handbook. Any provisions not set forth in the Employee Handbook are set forth in the Department of Labor regulations implementing the Federal Fa mily and Medical Leave Act (FMLA) of 1993 and the regulations of the California Fair Employment and Housing Commission i mplementing 325

18 the California Family Rights Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursu ant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director.

A. Amount of Leave. Eligible employees are entitled to a total of twelve (12) work weeks of leave during any twelve (12) month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires twelve (12) months after the birth or placement.

B. Calculating the 12 -Month Period. The twelve (12) month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previo us twelve (12) month period to determine how much leave has been used in determining how much leave an employee is entitled to.

C. Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee is not required to exhaust all accrued leaves if the employee is applying for State Disability Insurance or Paid Family Leave. The employee may make a request to be placed on a leave without pay in order to qualify for these State benefits. Employees may elect to supplement these benefits with the following accruals: sick, vacation, holiday, and other compensatory accruals. If an employee requests leave for a serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion of accrued leave will run concurrently with FMLA.

D. Required Form s. Employees must fill out requ ired forms, available in the Human Resources Department, including: Request for Family or Medical Leave; Medical Certification; Authorization for Payroll Deductions for Benefit Coverage Continuation During Family/Medical Care Leave ; and Fitness -for-Duty to Return from Leave (if applicable).

SECTION 9. CALIFORNIA STATE DISABILITY INSURANCE (SDI) LEAVE . Association members who lose wages when they are unable to work due to a non-work-related illness, injury, pregnancy, or childbirth may be eligible for SDI benefits. The weekly benefit amount is approximately sixty percent (60%) to seventy percent (70%) of wages earned five (5) to eighteen (18) months before your claim start date. This formula is created by the State of California Employment Development Department (EDD). An employee must be u nable to work due to a disability for at least eight (8) calendar days to collect SDI benefits. An employee may apply for SDI benefits by completing the Claim for Disability Insurance Benefits (DE 2501 form) online or by mail with the EDD.

A. Amount of Leave. Eligible employees may collect up to fifty-two (52) weeks of full SDI Benefits, or the amount of wages in the employee’s base period, whichever is less.

B. Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee is not required to exhaust all accrued leaves 326

19 if the employee is applying for State Disability Insurance or Paid Family Leave. The employee may make a request to be placed on a leave without pay in order to qualify for these State benefits.

C. Coordination of Benefits. Employees may elect to supplement SDI benefits with the following accruals in order to receive up to 100% of the employees normal gross weekly wages for the benefit period: sick, vacation, holiday, and other compensatory accruals. It is the employee’s responsibility to ensure they are not receiving more than 100% of their normal gross wages when supplementing with paid time off and the employee must submit the benefit statement received from EDD to the City’s Payroll Division.

ARTICLE XV

FRINGE BENEFIT ADMINISTRATION

SECTION 1. ADMINISTRATION. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of the MOU.

SECTION 2. SELECTION AND FUNDI NG. In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this MOU, provided that the benefits of the employees shall be no less than those in existence as of implementation of this MOU.

SECTION 3. CHANGES. If, during the term of this MOU, any change of insurance carrier or method of funding for any benefit provided herein occurs, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage.

ARTICLE XVI

HEALTH BENEFITS

SECTION 1. HEALTH INSURANCE. The City contracts with CalPERS to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA).

The following amounts include the minimum amount required under PEMHCA, which is $157.00 per month. This contribution shall be adjusted annually on January 1 st to the amount set by the CalPERS Board of Administration.

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20 Effective Date Single 2-Party Family
January 1, 2023 $1,095.00 $1,570.00 $1,895.00
January 1, 2024 $1,095.00 $1,620.00 $1,995.00
January 1, 2025 $1,095.00 $1,670.00 $2,095.00

B. Any amounts in excess of the amounts designated in Section 1A necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee.

C. An employee cannot be enrolled in the CalPERS Health Benefits Plan if a spouse is enrolled in the same agency or enroll ed in an agency with CalPERS Health, unless the employee (or the spouse) is enrolled without being covered as a family member.

D. An employee may choose to not be enrolled in a CalPERS Health Benefits Plan. If an employee chooses not to be enrolled in a health plan, the employee must provide proof of group medical insurance coverage (e.g., coverage under a spouse’s employer’s plan) that is compliant with the Affordable Care Act (ACA) , as determined by the Human Resources Director. Based on determination that group medical insurance coverage is in full force and effect, employees hired prior to January 1, 2020 shall receive $995.00 per month toward the Flexible Benefits Plan. Employees hired after January 1, 2020 who elect to waive the City’s medical insurance shall receive $400.00 per month.

E. In the event that an employee loses group medical insurance (with documentation), the employee may enroll in the CalPERS Health Benefits Plan pursuant to their rules and regulations. Failure to do so within sixty (60) days, shall result in the City seeking reimbursement of said contributions.

F. Retired Annuitant Contribution. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant of CalPERS, to the extent required by law, a contribution of $ 157.00 per month. This contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.

SECTION 2. LIFE INSURANCE . The City shall contribute the full premium toward a $50,000.00 life insurance policy for each benefited employee.

SECTION 3. LONG TERM D ISABILITY INSURANCE . The City shall contribute the full premium toward a long-term disability plan that pays sixty percent (60%) of salary after a sixty (60) day elimination period, to a maximum of $6,000.00 per month.

SECTION 4. STATE DISABILITY INSURANCE (SDI). The City of Orange has entered into a contract with the State of California for an SDI plan concerning employees in the Association.

A. In order to apply for State Disability Insurance, a claim form must be obtained from the State of California Employment Development Department. The "Claim Statement of Employee" form must be completed by the employee and the employee's doctor must 328

21 complete the "Doctor's Certificate" section before the claim can be processed. The employee should be aware that if State Disability Insurance benefits are received for time paid as sick leave by the City, the employee will be responsible for reimbursing the City by payroll deduction for the amounts paid by both the City and State Disability insurance, and sick leave balances will be adjusted accordingly. The employee shall provide the Payroll Division with proof of any payments received pursuant to State Disability Insurance.

B. When a claim is received, the State Disability Insurance Office will request the necessary information to determine the employee's eligibility. Benefits may begin with the day after the seventh (7th) calendar day waiting period of disability or the first day of hospitalization. An employee may be paid for the waiting period if their disability exceeds twenty-one (21) days.

C. Benefits are coordinated between the City of Orange and State Disability and the employee is paid allowance benefits based on their present rate of pay and the State Disability Insurance benefit schedule. Employees may request to go on leave without pay or supplement State Disability Insurance without exhausting accruals first.

SECTION 5. RETIREMENT HEALTH SAVINGS PLAN (RHSP) TRUST. The City allows the Association to establish a n RHSP trust for its’ employees. The City will not contribute to this plan, as all costs and contributions of the Plan will be borne by the employees. The Association will sponsor said plan, and indemnify and release the City from any and all plan liability. The City will provide logistical payroll support. The responsibility for the maintenance and investment of the plan funds rests solely with the Association.

ARTICLE XVII

EDUCATIONAL ASSISTANCE/WELLNESS PROGRAM

SECTION 1. PROGRAM REQUIREMENTS. The City will reimburse employees for the cost of tuition, textbooks, health fees and parking fees required for approved community college and college courses. An approved course is one either designated to directly improve the knowledge or skill of the employee relative to the employee’s specific job, or courses leading to an accredited degree or certificate program. The request will be reviewed by the Department Head who shall submit all requests, along with recommendations, to the Human Resources Director for final approval prior to registration. Reimbursement will be based upon the final grade received. A final grade of C or better qualifies the employee for 100% reimbursement up to the amount specified in Section 2 of this Article.

SECTION 2. PAYMENTS. Educational assistance payments to an employee shall not exceed $750.00 in any one (1) fiscal year and the individual must still be employed by the City when the course is completed to qualify for reimbursement.

SECTION 3. PROFESSIONAL DEVELOPMENT. The City agrees to allow reimbursement to employees of up to $375.00 of the $750.00 allotted per fiscal year for activities that aid in their professional development. Reimbursable activities include the following:
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22 1) Attendance at job-related professional conferences, trainings and seminars; and

2) Payment of membership dues and renewal fees in community and professional organizations; and

3) Purchase of job-related professional journals, books, and other written materials, which further their knowledge and improve their effectiveness in performing their duties.

Participation and/or purchase must be approved in advance by the Department Head and the Human Resources Director.

This Professional Development benefit aims to encourage and enable employees to voluntarily pursue educational and public relations oriented activities beyond those normally budgeted for by their departments and in which they are directed to participate.

Individual City departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials, which enhance emplo yee knowledge. Costs associated with work travel, lodging, meals (or per diem), parking, or other costs as defined in Article XX of this MOU are not eligible for reimbursement under this section.

SECTION 4. WELLNESS REIMBURSEMENT . The City agrees to allow reimbursement to employees of up to $375 .00 of the $750.00 allotted per fiscal year towards reimbursement for items 1, 2 and/or 3 below. Requests must be approved, prior to purchase or participation, by the Human Resources Director.

1) Membership in a health/fitness club.

2) Participation in a weight loss/stop smoking/wellness/fitness program.

3) Fitness equipment (home gym equipment).

The City will not reimburse employees for any of the above listed activities for family/dependent health related expenses.

ARTICLE XVIII

RETIREMENT

SECTION 1. The City participates in the California Public Employees’ Retirement System (CalPERS). This participation shall include, but is not limited to, the following retirement benefits:

A. New Members. Employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. These New Members are subject to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members 330

23 shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre -tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of PEPRA.

B. Classic Members. Employees who are not defined as New Members as outlined in Section A above are defined as Classic Members of CalPERS and are subject to the

2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Government Code. These Classic Members are subjec t to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute eight percent ( 8.0%) of their compensation earnable, on a pre-tax basis.

SECTION 2. PART -TIME EMPLOYEES. Part-time employees not covered under CalPERS shall participate in a defined contribution retirement plan in lieu of Social Security contributions.

The City shall contribute three and three -fourths percent (3.75%) of the employee’s eligible earnings toward the retirement plan. Part-time employees shall contribute three and three-fourths percent (3.75%) of their eligible earnings toward the retirement plan.

SECTION 3. 1959 CALPERS SURVIVOR BENEFIT. The City provides the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: $6.00 per month.

Employees shall pay any portion of the employer portion that exceeds $6.00 monthly.

ARTICLE XIX

MISCELLANEOUS

SECTION 1. RIDESHARE INCENTIVE PROGRAM . An employee may receive $30 .00 per month and eight (8) hours of paid time off (to a maximum accrual of 16 hours) every six (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to commute to and from the worksite. To qualify for these incentives, the employee must use one (1) of the above modes of transportation a minimum of seventy percent ( 70%) of commuting time.

SECTION 2. UNIFORMS.

A. The City will purchase uniforms for all classifications within the Association. Uniform allowance for all classifications shall be $135.00 per calendar year. This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5); however, this form of pay is not pensionable compensation for New Members.

B. All uniforms and/or safety equipment purchased by the City shall remain the property of the City.
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24 C. All benefitted members of the Association with a Home Department of either Sanitation and Sewer, or Street Maintenance, with the exception of Chemical Sprayers, shall receive a $300.00 reimbursement allowance for the purchase of blue work pants (including but not limited to blue jeans, Dickies, Red Kap ) as determined by Department of Public Works Management. Allowance only applicable to benefitted employees each fiscal year via reimbursement with proper proof of purchase.

SECTION 3. SAFETY SHOES. Designated employees covered by this MOU are required to wear safety shoes with steel toes while on duty. An employee will receive up to $450.00 per fiscal year for safety boot allowance. This amount shall increase to $500.00 effective July 1, 2024 .

Inspection of the worksite will be made on a regular basis to ascertain compliance to the safety shoe program.

SECTION 4. EYEGLASS REPLACEMENT. The City will pay for replacement of employee's eyeglasses that are lost or damaged in the course of work. Damaged eyeglasses will be turned into the City in order for the employee to be entitled to reimbursement. The City will not reimburse an employee for more than one (1) pair of lost or damaged eyeglasses per fiscal year.

SECTION 5. TOOL ALLOWANCE . Employees cl assified as Equipment Mechanics and Equipment Maintenance Leadworker, shall provide such tools as are ordinarily used in the trade, which shall be the personal tools of the Mechanic.

A. The City will establish with a vendor an account for said employees who have at least one (1) year of service in such classification.

B. Such employees shall be allowed up to $750.00 per fiscal year with such vendor in order to replace and maintain the tools neces sary for the performance of job duties.

The amount shall increase to $1,000.00 effective July 1, 2024.

C. At the beginning of each fiscal year, garage mechanics are required to submit or maintain a current list of tools with the Equipment Maintenance Supervisor. Each list must contain information to adequately describe and identify each tool, including type, brand and cost that is owned by the employee.

D. The City will reimburse the mechanics for their personal tools that are:

1) Damaged due to fire, earthquake or flood; or

2) Stolen while the tools are on City's premises with evidence of forced entry into the garage area.

E. An employee will not be reimbursed for tools that are lost, misplaced or misused. The City shall bear no liability or responsibility for such tools except as provided in this section.

SECTION 6. BREAKS. Employees are entitled to two (2) fifteen (15) minute breaks, unless an emergency requires continued work, as determined by the employee's supervisor. An employee shall be permitted to take one (1) break during the first half (½) of the work shift and one (1) break 332

25 during the second half (½) of the work shift. Breaks shall be scheduled to ensure that public counters and telephones are covered at all times during the regular working day and are designed to provide a period of relaxation and/or nutrition during each half (½) of the working day. If a break is not taken, it shall not be accumulated, but shall be lost and not charged in the future to the City.

SECTION 7. DIRECT DEPOSIT. City employees are required to participate in the City’s direct paycheck deposit program.

ARTICLE XX

TRAVEL EXPENSE ALLOWED

SECTION 1. MILEAGE REIMBURSEMENT. Expense claims for the use of private automobiles must be authorized and submitted through the Department Head and to the Accounts Payable Division of the Finance Department for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile allowed under the current IRS regulations.

SECTION 2. OUT-OF-CITY TRAVEL. If the estimated expense of contemplated travel out of the City is too great to expect the employee to finance the trip and be reimbursed upon return, the City Manager may authorize advance payment of the estimated amount of the travel expense to the employee.

A. Economy class airfare will be considered standard for out-of-town travel.

B. Use of personal cars for out-of-City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use a personal car, the employee may be reimbursed mileage expenses as long as the expenses do not exceed the amount of the cost of the commercial transportation.

1) The rate per mile allowed under the current IRS regulations shall be approved for use of personal cars when City cars are not available.

SECTION 3. TRANSPORTATION AND EXPENSE CHARGES. Expenses for air, rail, or public transportation will be allowed whenever such transportation is necessary to conduct City business.

In addition, the following expenses and charges will be allowed, whenever necessary, for conducting City business:

A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip, and must be approved by the Department Head.

B. Telephone charges will be allowed for official calls.

C. Expenses for meals will be reimbursed according to the City’s Administrative Policy Number 4.13.

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26 ARTICLE XXI

SAFETY AND HEALTH

SECTION 1. The City and its employees agree to comply with all applicable Federal, State, and Local laws as well as any City policies which relate to health and safety. In addition, the City and the Association agree to actively pursue the continuation of safe working procedures and environments.

SECTION 2. SAFETY EQUIPMENT. All protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the City.

ARTICLE XXII

CITY MANAGEMENT RIGHTS AND RESPONSIBILITIES

SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights and responsibilities of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights and responsibilities existed prior to the execution of this MOU. The sole and exclusive rights and responsibilities of Management, as they are not abridged by this MOU or by law, shall include, but not be limited to, the following:

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

B. To determine the existence or non -existence of facts which are the basis of the Management decision.

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

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

E. To determine the methods of financing.

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

G. To determine and/or change the facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted.

H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City.

I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 334

27 J. To relieve employees from duties for lack of work, economic conditions, or similar non-disciplinary reasons.

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

L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.

M. To determine job classifications and to reclassify employees and to determine the job classifications to be assigned to the Association.

N. To hire, transfer, promote, and demote employees for non -disciplinary reasons in accordance with this MOU.

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

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

Q. To maintain order and efficiency in its facilities and operations.

R. To establish, modify, and promulgate reasonable rules and regulations which are not in contravention with this MOU to maintain order and safety in the City.

S. To take any and all necessary action to carry out the mission of the City in emergencies.

SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact a significant number of employees of the Association, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU or in Personnel Rules and Salary Resolutions and Administrative Code, which are incorporated in this MOU. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished.

ARTICLE XXIII

EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES

SECTION 1. ASSOCIATION DUES DEDUCTIONS. The City shall deduct Association dues from employee paychecks on a bi-weekly basis. The City shall process these deductions based on the information certified to be current by the Association. The total amount of deductions shall be remitted by the City to the Association within ten (10) calendar days of each applicable payday.

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28 SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Associations monies deducted from the employees pursuant to this Article or caused by the Association’s negligence. The Association shall notify the City within ten (10) calendar days of any discrepancy concerning Association dues or other payroll deductions pursuant to this Article.

If the Association does not notify the City of any discrepancy within ten (10) calendar days, the City shall be relieved of any asserted discrepancy.

SECTION 3. NEWLY HIRED EMPLOYEES. The City will provide the Association with a list of any new hires into the bargaining unit within thirty (30) days of receipt of a request for such list by the Association.

SECTION 4. BULLETIN BOARDS. The Association shall have the right to use bulletin boards on City premises for the purpose of posting announcements and Association information. The City will furnish bulletin board space on one (1) existing bulletin board to be selected by the Association at each location where there are five (5) or more employees. The bulletin boards shall be used for the following subjects only:

A. Association recreational, social, and related Union news bulletins.

B. Scheduled Association meetings.

C. Information concerning Association elections and the results thereof.

D. Reports of official Association business, including Association newsletters, reports of committees, or the Board of Directors.

E. Any other written material which first has been approved and initiated by the designated City representative at each facility. The designated City representative must either approve or disapprove a request for posting within twenty-four (24) hours, excluding Saturday, Sunday, and legal holidays, from the receipt of the material and the request to post it. The designated City representative shall not unreasonably withhold permission to post.

SECTION 5. Except as limited by specific and express terms of this MOU, the Association hereby retains and reserves unto itself all rights, powers, and authority, confirmed on and vested in it by the laws and Constitution of the State of California and/or United States of America.

REST OF PAGE LEFT INTENTIONALLY BLANK.

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29 ARTICLE XXIV

GRIEVANCE PROCEDURE

SECTION 1. DEFINITION OF A GRIEVANCE . A grievance shall be defined as a timely complaint by an employee or group of employees of the Association concerning the interpretation or app lication of specific provisions of this MOU or of the Rules and Regulations governing personnel practices or worki ng conditions of the City. An employee complaint concerning the employees own discipline shall be processed in accordance with Article XXV.

SECTION 2. BUSINESS DAYS . Business days mean s those days in which the City’s administrative offices are open.

SECTION 3. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES . The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a n authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with time limits set forth in this Se ction shall automatically move the grievance to the next level in the Grievance Procedure. The grieving party may request the assistance of the Association in presenting a grievance at any level of review or may represent themselves.

SECTION 4. INFORMAL GRIEVANCE PROCESS. An employee must first attempt to resolve a grievance on an informal basis by discussion with the employee’s immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than ten ( 10) business days elapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance and the filing of a written formal grievance with the Human Resources Director of the City, with a copy to the Department Head in which the employee works. Should the grievant fail to file a written grievance within ten (10) business days from the date of the incident giving rise to the grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to the grievance, the grievance shall be barred and waived.

SECTION 5 . FORMAL GRIEVANCE PROCESS, HUMAN RESOURCES DIRECTOR, DEPARTMENT HEAD. If the grievance is not resolved through the informal process, and the written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the Department Head. The Human Resources Director and the Department Head shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within ten (10) business days after receiving the grievance.

30 to the City Manager, or an authorized representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or an authorized representative, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within ten (10) business days after receiving the grievance. After this procedure is exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by the employee and the supervisor to resolve the grievance at the informal step.

ARTICLE XXV

DISCIPLINARY APPEALS PROCEDURE

SECTION 1. DISCIPLINARY APPEALS. Any employee who has obtained regular status, and any promotional probationary employee shall have the right to appeal any termination, suspension, reduction in salary, or non -probationary demotion. The right to appeal sha ll not apply to probationary, non-benefited part-time, temporary, or seasonal employees covered by this MOU.

Verbal or written reprimands, probationary demotions, performance evaluations, and denial of merit increases are not subject to appeal. However, an employee may submit a written rebuttal to any verbal or written reprimand. In addition, the employee may also request said reprimand be withdrawn from their official Personnel record after one (1) year. However, such removal shall be at the complete discretion of the Human Resources Director.

SECTION 2. FORMAL DISCIPLINARY APPEALS PROCESS. An employee desiring to appeal a supervisor/manager’s decision to take disciplinary action shall have up to ten (10) business days after receipt of the notice of intent to discipline to file either a verbal or written appeal to the Department Head. If, within the appeal period, the employee does not file an appeal, unless good cause for the failure is shown, the disciplinary action shall be considered final and shall take effect as prescribed. If the employee does file a notice of appeal within the appeal period, the Department Head shall consider the merits of said appeal prior to implementation of any disciplinary action.

In the event the Department Head upholds the disciplinary action, said action shall be implemented immediately.

An employee may appeal the Department Head’s decision to the City Manager or, at the C ity Manager’s discretion, to a duly authorized designee, as long as such authorized designee is not a manager from the department of the employee filing said appeal. An employee may appeal any termination, suspension, reduction in salary, or non-probationary demotion to the City Manager or a duly authorized designee. Any request for an appeal to the City Manager shall be submitted in writing to the Human Resources Department within ten (10) business days of the Department Head’s decision. Failure to do so shall render the discipline final and constitute a waiver of any further administrative or judicial appeals. The appeal to the City Manager may be either in the form of a written appeal or an oral presentation. Termination appeals may be further processed in accordance with the provisions of Section 3 below.

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31 SECTION 3. FORMAL PROCESS FOR TERMINATIONS, ADVISORY HEARING OFFICER.

A non-probationary terminated employee may request a full evidentiary hearing within fifteen (15) business days of the date of any notice of termination. Failure to request a hearing within the fifteen (15) day period constitutes a waiver of the hearing. In lieu of a hearing, a terminated employee may submit a written response to the City Manager within the fifteen (15) day period.

Requests for extensions to file a written response must be made within the fifteen (15) day period.

If a hearing is requested to challenge the imposition of termination, a full evidentiary hearing shall be held by a Hearing Officer who shall render an advisory decision.

If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from the State Mediation and Conciliation Service a list of seven (7) qualified Hearing Officers. Each party shall alternately strike one (1) name from the list until only one (1) person remains, who shall be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis.

A. Fees for retaining the Hearing Officer and other costs related to conducting the hearing, for example employing a court reporter, shall be shared equally by the City and the employee. The City and the employee shall each be responsible for securing and paying for their respective representation at the hearing, if any.

B. The Hearing Officer shall determine whether good cause exists for the imposition of the termination and, if not, the appropriate degree of discipline. The decision of the Hearing Officer is remitted to the City Manager for final disposition.

C. The City Manager, or an authorized representative, shall render a final decision on the Hearing Officer's comments and recommendation, in writing, and return them to the employee within ten (10) business days after receiving the Hearing Officer's findings.

D. After this procedure is exhausted, the employee and the City shall have all rights and remedies to pursue said appeal under the law.

ARTICLE XXVI

NO STRIKE-NO LOCKOUT

SECTION 1. PROHIBITED ASSOCIATION CONDUCT. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU, they will not cause or condone any strike, walkout, slowdown, sick -out, or any other job action by withholding or refusing to perform services.

SECTION 2. PROHIBITED CITY COUNDUCT. The City agrees that it shall not lock out its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, term ination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

339

32 SECTION 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to termination by the City.

SECTION 4. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed in Section 5 below, the Association Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Resolution in this MOU, including, but not limited to, suspension of recognition of OMCEA, the grievance procedure, right of access, the use of the City's bulletin boards, and facilities.

SECTION 5. ASSOCIATION RESPONSIBILITY.

A. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, the Association or its authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they should immediately cease engaging in conduct prohibited in Section 1 above, and return to work.

B. If the Association performs all of the responsibilities set forth in paragraph (A) above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of Section 1 above.

ARTICLE XXVII

ASSOCIATION REPRESENTATIVES

SECTION 1. The City agrees to recognize up to six (6) Association representatives.

SECTION 2. The Association shall have the responsibility to notify the City, in wr iting, of the names of its authorized representatives. The City shall have no obligation to recognize or deal with any employee as a representative unless the employee is on the designated representative list.

SECTION 3. Representatives shall not log compensatory time, overtime, or any other premium pay for time spent performing any function as a representative.

SECTION 4. The Association representatives shall be allowed to use City available facilities to hold meetings. In addition, each representative shall be allowed one (1) hour of paid release time per month for the purpose of attending Association Board meetings. The Association will make advanced notification to a designated management representative as to the time and date of such meetings and names and departments of persons attending on release time.

A. Release time for monthly Board meetings will normally be taken in conjunction with the employees’ lunch break or toward the end of the work shift.

B. Such hours are not cumulative from month to month, and/or fiscal year to fiscal year, and are chargeable only at the rate of one (1) hour per month up to a limit of twelve (12) hours per fiscal year.
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33 C. Employees who receive this compensation are listed in Section 1 above and shall receive no other compensation other than the one (1) hour pay up to a maximum of twelve hours per fiscal year.

ARTICLE XXVIII

LAYOFF PROCEDURE

When a layoff or reduction in force is necessary, the layoff procedures set forth in Resolution No. 8178, as incorporated below, shall be used as the established layoff policy and procedure.

SECTION 1. PURPOSE. The purpose of this policy is to establish and communicate the City's procedures when a layoff or reduction in force is necessary.

SECTION 2. SCOPE. All Association employees are subject to reduction in force at the direction of the City Manager.

SECTION 3. POLICY. The City retains the right to abolish any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity for a position no longer exists. Whenever possible, the City will advise the Association of their intent at least ten (10) calendar days in advance of the effective date. The City's layoff policy provides the following criteria to be followed during a reduction in force.

SECTION 4. PROCEDURE.

A. Order of Reductions in Force (Layoff and Demotion) . Within a department and by classification, the order of layoff or demotion shall be as follows:

1) Temporary employees (19 hours or less);
2) Initial probationary employees;
3) Regular part-time employees (20 or more hours, but less than 40 hours); 4) Regular full-time employees (40 hours).

B. Layoffs.

1) Layoffs and demotions shall be based on City-wide seniority, except, negative performance during the past three (3) years will be considered to determine the order of layoff. Negative performance and disciplinary actions will include the following:

a) Denial of merit increases;
b) Suspension without pay;
c) Extensions of probationary periods;
d) Disciplinary demotions to lower level positions;
e) Disciplinary reductions in pay;
341

34 f) Performance evaluations containing significant, negative written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur.

A single negative disciplinary action as described above will not reduce the employee's seniority. However, each additional disciplinary action during the three (3) year period will reduce the employee's seniority by two (2) years for each additional occurrence, for a possible reduction of six (6) years.

2) The order of layoff shall be established by the Human Resources Director, including seniority and results of review of performance evaluations and prior disciplinary actions.

3) The order of layoff will be the least senior employee as determined by the procedure above.

4) Prior to the establishment of the final order of layoff, the Human Resources Director shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be hand delivered to employees whenever possible.

5) If the employee wishes to contest the application of the criteria set forth in this policy to the employee’s position on the list, the employee may appeal with any supporting materials to the Human Resources Director. This request should be directed to the Human Resources Director within seven (7) calendar days following the establishment and distribution of a "Proposed Order of Layoff" list. The employee will be allowed representation during the appeal process.

6) After meeting with all employees wishing to be heard with respect to their position on the layoff list, the Human Resources Director or a duly authorized designee shall establish the "Final Order of Layoff" list. The decision of the Human Resources Director shall be final and not subject to the grievance process or further appeal.

C. Written Notice.

Employees to be laid off shall be provided written notice at least ten (10) calendar days in advance of the layoff date. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible, the notice will be sent by certified mail to the last known residential address.

D. Transfer or Demotion in Lieu of Layoff.

1) Whenever employees are to be laid off, they may transfer or demote to another vacant position in their own department or other departments providing that:

a) The positions are at the same or lower level;
b) Positions are authorized, budgeted, and the City intends to fill the vacancies; c) The employee meets the qualifications of the new position as determined by the Human Resources Director.
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35 2) Whenever employees are to be laid off, they may demote to lower level, filled positions within their department providing they meet all of the following criteria:

a) Possess the minimum qualifications for the class within the classification series;
b) Employee meets or can reasonably meet qualifications for the new position as determined by the Human Resources Director or can reasonably meet the qualifications within one (1) month following appointment; c) Possesses greater seniority to displace a lower level worker; d) Requests in writing a reduction to the previously held or supervisory position within ten (10) calendar days of receiving the notice of layoff or voluntary demotion. A voluntary demotion shall not reflect as a negative action in the employee's personnel file.

E. Re-employment Lists.

1) Regular employees in good standing who are laid off or demoted shall have their name placed on a departmental re -employment list for the last classification previously held. Names shall be placed on the list in inverse order of seniority (last released - first re-hired). Vacancies the department desires to fill will be offered first to eligibles on the departmental re-employment list.

2) Other hiring departments who have vacancies the City desires to fill will give priority consideration to those employees whose names appear on the re - employment list. If these employees are not selected for re-hire, the reason for non- selection must be approved by the Human Resources Director.

3) Names of qualified individuals shall remain on re-employment lists for a period not to exceed two (2) years from the date of layoff. Individuals who qualify for re-hire but do not respond to written notification to the last known address on file within ten (10) calendar days or who refuse two (2) job offers shall have their names removed from the re-employment list. Once re-hired, employee names are removed from all re-employment lists.

4) When an employee is rehired under the provisions of E. 1, 2, or 3 above, the employee wil l retain the seniority that the employee h ad upon leaving the City service for the purposes of vacation benefits, sick leave benefits, and overall calculation of City-wide seniority. This provision would apply to employees reinstating to City service within eighteen (18) months of layoff date.

SECTION 5. NON-DISCRIMINATION IN REDUCTION IN FORCE. Layoffs and demotions, which result from a reduction in force, shall be made without regard to an employee's actual or perceived race, color, national origin, religion, sex, gender identity, physical or mental disability, medical condition (cancer -related or genetic information), ancestry, marital status, age, sexual orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Uniformed Services Employment and Re-employment Rights Act of 1994) or any other lawfully protected class.

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36 ARTICLE XXIX

SCOPE AND APPLICATION OF MEMORANDUM OF UNDERSTANDING

SECTION 1. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING. It is the intent of the parties hereto that this MOU shall supersede all prior MOUs or contrary City contracts and, when approved by the City Council, shall govern the entire relationship between the City and the Association.

SECTION 2. This MOU is subject to amendment only by subsequent written agreement between, and executed by, the parties hereto.

SECTION 3. TERMS SEVERABLE. If any provision of this MOU, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently-enacted legislation, the remaining parts or portions of the MOU shall remain in full force and effect.

SECTION 4. EMERGENCY WAIVER. In the event of circumstances beyond the control of the City as a result of a declared emergency, national disaster, or similar circumstances, provisions of this MOU, and/or the Personnel Rules or Regulations of the City, and/or departmental rules and policies shall be suspended for the duration of such emergency. After the emergency is declared over, the City shall immediately meet and confer with the Association regarding the impact on employees of the suspension of these provisions in the MOU and/or City and/or departmental rules and policies.

ARTICLE XXX

WAIVER OF BARGAINING DURING TERM OF

MEMORANDUM OF UNDERSTANDING

During the term of this MOU, the parties mutually agree that they will not seek to change, negotiate, or bargain with regard to wages, hours, benefits, and terms and conditions of employment, whether or not covered by this MOU or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotia tions leading to this MOU . Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.

ARTICLE XXXI

EMERGENCY WAIVER

37 is declared over, this MOU will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency.

ARTICLE XXXII

MEMORANDUM OF UNDERSTANDING TERMS SEVERABLE

Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, or by enactment of Federal or State legislation, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU.

ARTICLE XXXIII

TERM OF MEMORANDUM OF UNDERSTANDING

SECTION 1. The term of this MOU shall commence on January 1, 2024 and shall continue in full force and effect until June 30, 2025.

ARTICLE XXXIV

RATIFICATION AND EXECUTION

The City and the Association acknowledge that this MOU shall not be in full force and effect until ratified by the Association and adopted by the City Council of the City of Orange. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association and entered into this 12th day of December, 2023.

REST OF PAGE LEFT INTENTIONALLY BLANK.

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38 CITY OF ORANGE ORANGE MAINTENANCE AND
CRAFTS EMPLOYEES’ ASSOCIATION

Dated: Dated:

By: By:

Monica Espinoza, Human Resources Director Gonzalo Toledo, President

By: By:

Trang Nguyen, Finance Director Jaime Gomez, Vice President

By: By:

Cody Kleen, Human Resources Manager Julian Bernal, Treasurer

By: By:

Shelby Alley, Human Resources Analyst II Josh Garcia, Board Member

APPROVED AS TO FORM:

By:

Nathalie Adourian, Senior Assistant City Attorney

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39 APPENDIX A

ORANGE MAINTENANCE AND CRAFTS EMPLOYEES’ ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE JANUARY 1, 2023

3.0 % Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Chemical Sprayer 492 4149 4360 4582 4817 5062 5320
Custodian 450 3364 3536 3717 3906 4106 4315
Equipment Maint Leadworker 537 5193 5458 5736 6028 6336 6659 Equipment Mechanic I 507 4471 4699 4939 5191 5455 5734
Equipment Mechanic II 527 4940 5192 5457 5735 6028 6335 Equipment Operator 519 4747 4989 5243 5510 5792 6087
Equipment Parts Technician 507 4471 4699 4939 5191 5455 5734 Lead Custodian 480 3907 4107 4316 4537 4768 5011
Maintenance Worker 469 3699 3887 4086 4294 4513 4744
Parks Maint Leadworker 527 4940 5192 5457 5735 6028 6335 Parks Maintenance Worker I 469 3699 3887 4086 4294 4513 4744 Parks Maintenance Worker II 489 4087 4296 4515 4745 4987 5241 Public Works Maintenance Leadworker 527 4940 5192 5457 5735 6028 6335 Public Works Maintenance Worker I 469 3699 3887 4086 4294 4513 4744 Public Works Maintenance Worker II 489 4087 4296 4515 4745 4987 5241 Skilled Maint Leadworker 532 5065 5323 5595 5880 6180 6495 Skilled Maintenance Worker – Facilities 512 4583 4818 5063 5322 5594 5878 Skilled Maintenance Worker – Parks 512 4583 4818 5063 5322 5594 5878 Skilled Maintenance Worker – Public
Works 512 4583 4818 5063 5322 5594 5878

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40 APPENDIX A (CONTINUED)

ORANGE MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE DECEMBER 31, 2023

5.5% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Chemical Sprayer 503 4383 4606 4841 5088 5348 5620
Custodian 461 3554 3736 3926 4127 4337 4558
Equipment Maint Leadworker 548 5485 5766 6059 6369 6693 7035 Equipment Mechanic I 518 4723 4964 5217 5483 5763 6057
Equipment Mechanic II 538 5219 5485 5765 6059 6368 6692 Equipment Operator 530 5015 5270 5540 5822 6118 6431
Equipment Parts Technician 518 4723 4964 5217 5483 5763 6057 Lead Custodian 491 4129 4339 4560 4793 5037 5293
Maintenance Worker 480 3907 4107 4316 4537 4768 5011
Parks Maint Leadworker 538 5219 5485 5765 6059 6368 6692 Parks Maintenance Worker I 480 3907 4107 4316 4537 4768 5011 Parks Maintenance Worker II 500 4317 4538 4770 5013 5268 5537 Public Works Maintenance Leadworker 538 5219 5485 5765 6059 6368 6692 Public Works Maintenance Worker I 480 3907 4107 4316 4537 4768 5011 Public Works Maintenance Worker II 500 4317 4538 4770 5013 5268 5537 Skilled Maint Leadworker 543 5351 5623 5910 6212 6528 6861 Skilled Maintenance Worker – Facilities 523 4842 5089 5349 5622 5908 6210 Skilled Maintenance Worker – Parks 523 4842 5089 5349 5622 5908 6210 Skilled Maintenance Worker – Public
Works 523 4842 5089 5349 5622 5908 6210

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Agenda Item
City Council
Item #: 3.16. 12/12/2023 File #: 23-0801
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Memorandum of Understanding between the City of Orange and the Orange Municipal Employees’ Association. Resolution 11511.

2. SUMMARY
Resolution No. 11511 establishes the Memorandum of Understanding between the City of Orange and the Orange Municipal Employees’Association for the period of January 1, 2024, through June 30, 2025.

3. RECOMMENDED ACTION
Adopt Resolution No. 11511. A Resolution of the City Council of the City of Orange repealing Resolution No. 11285 and approving the Memorandum of Understanding between the City of Orange and the Orange Municipal Employees’Association, concerning wages, hours, and other conditions of employment effective January 1, 2024, through and including June 30, 2025.

4. FISCAL IMPACT
The total cost for this MOU is approximately $1,386,000, of which $462,000 is included in the FY 2023-24 adopted budget. The remaining balance of $924,000 will be included in the FY 2024-25 budget.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
In September 2023, the City began the collective bargaining process with the Orange Municipal Employees’Association (OMEA). The current contract between the parties expires on December 31, 2023.

After seven meetings, on November 29, 2023, the parties reached agreement on the terms and conditions of an eighteen-month labor contract that includes the following:

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Item #: 3.16. 12/12/2023 File #: 23-0801
TERM January 1, 2024 through June 30, 2025
SALARIES 5.5% Across-the-Board Salary Increase
effective December 31, 2023.

HOLIDAY Increase Christmas Eve holiday from 4.5
hours to 9 hours, if it falls Monday through
Thursday.

BEREAVEMENT LEAVE Increase paid bereavement leave from
three (3) to five (5) days per incident, for
regular full-time employees.

HEALTH BENEFITS Increase monthly contribution to health benefits as follows: Effective January 1,
2024 o Single: $1,095 o 2-Party: $1,620
o Family: $1,995 Effective January 1,
2025 o Single: $1,095 o 2-Party: $1,670
o Family: $2,095
UNIFORMS Provide a uniform allowance of $135
annually to employees in the classifications
of Stock Clerk and Warehouse/Inventory
Specialist effective July 1, 2024.

WORK SHOE ALLOWANCE Increase work shoe allowance from up to $300 to up to $450 for eligible employees,
per fiscal year, effective July 1, 2024.

SHIFT DIFFERENTIAL Modify Article III, Section 9 of MOU as follows: 1. Increase Subsection A from
three ($3.00) to five ($5.00) dollars per
hour. 2. Increase Subsection C from three
($3.00) to five ($5.00) dollars per hour.

LIFE INSURANCE Increase life insurance benefit from
$40,000 to $50,000 effective January 1,
2024.

LONG-TERM DISABILITY Increase salary cap from $4,000 per month to $6,000 per month effective January 1,
2024.

The Orange Municipal Employees’Association took this to a vote of their membership and ratified the Tentative Agreement on December 4, 2023. City Council approval is required to finalize this agreement in the form of a Memorandum of Understanding.

7. ATTACHMENTS
City of Orange Printed on 12/7/2023Page 2 of 3
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Item #: 3.16. 12/12/2023 File #: 23-0801
· Resolution No. 11511
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Agenda Item
City Council
Item #: 3.16. 12/12/2023 File #: 23-0801
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Memorandum of Understanding between the City of Orange and the Orange Municipal Employees’ Association. Resolution 11511.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

After seven meetings, on November 29, 2023, the parties reached agreement on the terms and conditions of an eighteen-month labor contract that includes the following:

City of Orange Printed on 12/7/2023Page 1 of 3
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Item #: 3.16. 12/12/2023 File #: 23-0801
TERM January 1, 2024 through June 30, 2025
SALARIES 5.5% Across-the-Board Salary Increase
effective December 31, 2023.

HOLIDAY Increase Christmas Eve holiday from 4.5
hours to 9 hours, if it falls Monday through
Thursday.

BEREAVEMENT LEAVE Increase paid bereavement leave from
three (3) to five (5) days per incident, for
regular full-time employees.

HEALTH BENEFITS Increase monthly contribution to health benefits as follows: Effective January 1,
2024 o Single: $1,095 o 2-Party: $1,620
o Family: $1,995 Effective January 1,
2025 o Single: $1,095 o 2-Party: $1,670
o Family: $2,095
UNIFORMS Provide a uniform allowance of $135
annually to employees in the classifications
of Stock Clerk and Warehouse/Inventory
Specialist effective July 1, 2024.

WORK SHOE ALLOWANCE Increase work shoe allowance from up to $300 to up to $450 for eligible employees,
per fiscal year, effective July 1, 2024.

LIFE INSURANCE Increase life insurance benefit from
$40,000 to $50,000 effective January 1,
2024.

LONG-TERM DISABILITY Increase salary cap from $4,000 per month to $6,000 per month effective January 1,
2024.

7. ATTACHMENTS
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· Resolution No. 11511
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RESOLUTION NO. 11511

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE REPEALING
RESOLUTION NO. 11285 AND APPROVING

THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ORANGE AND THE
ORANGE MUNICIPAL EMPLOYEES’

ASSOCIATION CONCERNING WAGES,

HOURS, AND OTHER CONDITIONS OF
EMPLOYMENT EFFECTIVE JANUARY 1,
2024, THROUGH AND INCLUDING JUNE 30,
2025

WHEREAS, the City of Orange, hereinafter referred to as "City," and the Professional, Technical and Clerical Unit, represented by Orange Municipal Employees’ Association, hereinafter referred to as “Association”, collectively the “Parties”, have met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and

WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective January 1, 2024 through June 30, 2025 and the City Council desires to repeal Resolution No. 11285 and amendments thereto for said employees, as set forth in the Memorandum of Understanding, hereinafter referred to as “MOU”.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached MOU is approved and incorporated by reference as Exhibit A as though fully set forth herein.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney
355
2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

Attachment: Exhibit A

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Exhibit A

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ORANGE

AND

THE ORANGE MUNICIPAL EMPLOYEES’

ASSOCIATION

JANUARY 1, 2024 THROUGH JUNE 30, 2025

357

TABLE OF CONTENTS

Article No Article Title Page No.

I Recognition of Association 1
II Non-Discrimination 1
III Salaries 2
IV Work Week 6
V Probation 6
VI Promotion 7
VII Demotion 7
VIII Reassignment of Compensation Ranges 7
IX Working Out of Class 8
X Overtime/Compensatory Time/Call Back Compensation 9
XI Holidays 11
XII Vacation 12
XIII Part-Time and Temporary Employee Eligibility for Fringe Benefits 13 XIV Leaves of Absence 14
XV Fringe Benefit Administration 19
XVI Health Benefits 20
XVII Educational Assistance and Wellness Program 21
XVIII Retirement 23
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XIX Miscellaneous 24
XX Travel Expense Allowed 25
XXI Safety and Health 25
XXII City Management Rights and Responsibilities 25
XXIII Employee Organizational Rights and Responsibilities 27 XXIV Grievance Procedure 27
XXV Disciplinary Appeals Procedure 29
XXVI No Strike-No Lockout 30
XXVII Blank Article 31
XXVIII Layoff Procedure 31
XXIX Sole and Entire Memorandum of Understanding 34
XXX Waiver of Bargaining During Term of Memorandum of Understanding 34 XXXI Emergency Waiver Provision 34
XXXII Memorandum of Understanding Terms Severable 35
XXXIII Term of Memorandum of Understanding 35
XXXIV Ratification and Execution 35
Appendix A Monthly Salary Ranges 37

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1 ARTICLE I

RECOGNITION OF ASSOCIATION

SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No. 3611 of the City of Orange, the City of Orange hereinafter referred to as "City", for the purpose of meeting its obligations under the Meyers -Milias-Brown Act (Government Code Se ction 3500 et. seq.), Employer - Employee Relations Resolution No. 3611 , or as amended, and this Memorandum of Understanding, hereinafter referred to as “MOU”, has recognized the City of Orange , Orange Municipal Employees’ Association, hereinafter referred to as "Association", as the majority representative of the employee classifications listed within Appendix A. As majority representative, the Association is empowered to act on behalf of all employees who hold positions in classifications covered by this MOU whether or not they are individually members of the Association.

The City and the Association have reviewed an updated Employer-Employee Labor Relations Resolution, which shall be adopted by the City Council at a future date once all City bargaining groups have had an opportunity to review.

SECTION 2. Any modification or interpretation of the rights of the parties concerning recognition set forth above shall only be established in accordance with Federal and/or State law.

ARTICLE II

NON-DISCRIMINATION

SECTION 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employer -Employee Relations Resolution and Government Code Sections 3500 et. seq.

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2 ARTICLE III

SALARIES

SECTION 1. BASIC COMPENSATION PLAN. A basic compensation plan is established for all employees covered by this MOU, who are now employed, or will in the future be employed, in any of the designated classification titles listed in this MOU and its attachments.

SECTION 3. HOURLY RATE PART-TIME EMPLOYEES.

A. For all employees who have a regular weekly work sched ule of forty (40) hours, the equivalent hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,080 annual hours. The hourly rate for persons employed on a regular part -time or temporary basis in an equivalent classification shall be determined in the same manner. In determining the hourly rate as herein provided, compensation shall be made to the nearest half (½) cent.

B. Regular part-time employees who are scheduled to work on an average of at least twenty (20) hours per week on a year-round basis may be considered for advancement to the next higher step upon completion of hours of employment equal to the minimum number of months of service required by full-time employees. 1,040 hours of regular part-time employment shall equal six (6) months' service.

SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate shown in Step A in the range assigned to the classification for which the employee has been hired, except that on the request of the Department Head under whom the employee will serve, and with the authorization of the Human Resources Director, such employee may be placed at any step depending upon the employee's qualifications.

SECTION 5. SERVICE. The word service as used in this MOU, shall be defined to mean continuous, full-time service in an employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.

A lapse of service by any employee for a period of time longer than thirty (30) calendar days by reason of resignation or for any length of time due to discharge eliminates the accumulated length of service time of such employee for the purpose of this MOU . Employees re -entering the service of the City shall be considered as a new employee, except that the employee may be re-employed within one (1) calendar year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the separation of employment.

SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. The following regulations shall govern salary advancement:
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3 A. Merit Advancement. An employee shall be considered for advancement through the salary range based only on continuous, meritorious, and efficient performance, and continued improvement by the employee in the effective performance of duties. If merited, advancement through the salary range shall occur in yearly increments. A merit increase shall become effective on the first day of the pay period following completion of the length of service required for such advancement. Such merit advancement shall require the following:

1) The Department Head shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation Form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. If denied by the Human Resources Director, the reason for denial will be provided to the Department Head.

B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Department Head may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this MOU. The Human Resources Director may, on the basis of a Department Head's recommendation, approve and effect such advancement.

C. Length of Service Required When Advancement is Denied. When an employee is not approved for advancement to the next higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in Section 6A.

D. Flexible Staffing. The City shall implement a system of flexible staffing for certain positions in this Association. Employees in the classifications of Building Inspector, Construction Inspector I, Engineering Technician I, Finance Clerk, Assistant Engineer, Assistant Planner, Librarian I, and Traffic Signal Technician I are eligible for the classification of Combination Building Inspector, Construction Inspector II, Engineering Technician II, Senior Finance Clerk, Associate Civil Engineer, Associate Planner, Librarian II, and Traffic Signal Technician II respectively. To qualify for the higher -level position, the employee must be performing at a competent level and have gained the experience and knowledge to perform the full range of journey level tasks and fulfilling any special requirements based on the judgment of the applicable Department Head with final approval of the Human Resources Director.

SECTION 7. REDUCTION IN SALARY STEPS . Any employee who is being paid on a salary step higher than Step A may be reduced by one (1) or more steps for disciplinary reasons upon the recommendation of the Department Head with the approval of the Human Resources Director.

4 on a regular basis or employ bilingual skills on a regular basis who is not receiving bilingual pay pursuant to this section. This form of pay, also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 9. SHIFT DIFFERENTIAL.

A. All Recreation Services Coordinators, regular full-time library personnel and all part-time library personnel budgeted to work twenty (20) hours or more per week on a fiscal year basis herein who are assigned or cover a regularly scheduled shift working after 6:00 p.m. and/or who are assigned or cover a regularly scheduled shift working a Saturday, Sunday, or Holiday, shall be eligible to receive an additional $5.00 per hour for all shift hours worked (i.e., only those hours worked after 6:00 p.m., as well as all hours on Saturdays, Sundays, and Holidays).

In no event shall the provisions described within this section apply to any personnel who are holding over, extending, or filling in on an overtime basis their regular work shift. Whenever two (2) or more rates may appear applicable to the same hour or hours worked by any employee, there shall be no pyramiding or adding together of such rates and only the higher applicable rate shall apply.

B. Split Shift Differential. Where management asks an employee to leave their regular shift early and return to work at a later time, the City will provide an additional $1.00 per hour, for benefited Library employees only, for each hour worked on their second shift.

C. Code Compliance Officer and Environmental Compliance Specialist Shift Pay. Code Compliance Officers and Environmental Compliance Specialists who are regularly assigned on a weekly basis to work on Saturdays and Sundays shall be eligible to receive an additional $5.00 per hour for all hours worked on Saturdays and Sundays in addition to regular salary.

D. This form of pay, also referred to as "Shift Differential," shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation fo r New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 10. SPECIAL ASSIGNMENTS.

Library Site Supervisor Assignment. Employees classified as Librarian I or Librarian II may be assigned as the “Site Supervisor” by the Department Head or duly authorized designee. Such employees, for the period of such assignment, shall be paid an additional ten percent (10.0%) on top of their current salary.

This form of pay, also referred to as “Special Assignment Pay” shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(3).

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5 SECTION 11. CERTIFICATION PREMIUMS.

A. California State Water Resources Control Board (SWRCB) Water Distribution Operator Certification:

1) Employees classified as Construction Inspector or Engineering Technician who possess a Grade I Water Distribution Certificate (D-1) shall receive a flat $75.00 per month premium.

2) Employees classified as Construction Inspector or Engineering Technician who possess a Grade II Water Distribution Certificate (D -2) shall receive a flat $100.00 per month premium.

3) Employees classified as Assistant Engineer, Associate Civil Engineer, Construction Inspector, Engineering Technician, or Project Engineer assigned to the Water Division who possess a Grade III Water Distribution Certificate (D -3) shall receive a flat $150.00 per month premium.

B. California Water Environmental Association (CWEA) Sanitation Certification:

1) Employees classified as Environmental Compliance Specialist who possess a CWEA Grade I Sanitation Certificate shall receive a flat $75.00 per month premium.

2) Employees classified as Environmental Scientist who possess a CWEA Grade III Sanitation Certificate shall receive a flat $100.00 per month premium.

C. An employee who possesses two (2) or more of the above certifications is eligible to receive only the highest grade certificate premium. There shall be no pyramiding of certificate premium.

D. This form of pay, also referred to as “Educational Incentive”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 12. EDUCATIONAL INCENTIVE PROGRAM. Employees with postgraduate degrees (i.e.

Master’s degree or higher) shall be eligible to receive $150.00 per month. This form of pay, also referred to as “Educational Incentive”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 13. PERFORMANCE EVALUATIONS. The City shall maintain an employee performance rating system designed to give a fair evaluation of the quantity and quality of work performed by an employee.

A. Performance evaluation reports shall be prepared and recorded in the employee's personnel file for all regular full-time and regular part-time employees as follows:

1) For probationary employees, at mid-point and upon completion of a probationary period.

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6 2) For non-probationary employees, upon completion of the next step and annually thereafter.

B. Prior to the performance evaluation report becoming part of the employee's personnel file, the supervisor and the employee must review the evaluation.

C. When a performance evaluation is recorded in the employee's personnel file a copy of the evaluation shall be given to the employee.

D. The performance evaluation shall be considered a confidential City record and the information shall not be disclosed except on a need-to-know basis as determined by management.

E. Any disputes as to the contents of the evaluation shall first be discussed with the employee's immediate supervisor and may be appealed through the appropriate chain of command up to the Department Head whose decision will be final and binding.

ARTICLE IV

WORK WEEK

SECTION 1. The regular work week for all employ ees covered by this MOU shall be forty (40) hours per week.

SECTION 2. The department shall discuss proposed changes in the established work schedule with the affected employees prior to the implementation of the change.

ARTICLE V

PROBATION

SECTION 1. NEW HIRE. An employee initially appointed to a classification shall serve a probationary period of twenty-six (26) pay periods during which the employee shall have an opportunity to demonstrate suitability for the job. With the approval of the Human Resources Director, the Department Head may, for just cause, extend the probationary period up to an additional thirteen (13) consecutive pay periods.

The employee shall attain regular status in the classification upon successful completion of the probationary period or any extension of the probationary period. An employee who does not satisfy the standards of the classification during the probationary period shall be notified, in writing, and termination or demotion proceedings shall be initiated. A newly hired probationary employee shall not be entitled to appeal a termination or a demotion, except as is provided by law.

Employees serving an in itial p robationary period are not eligible to compete for closed/promotional recruitment processes.

SECTION 2. PROMOTIONS. An employee promoted to a class ification shall serve a probationary period of twenty-six ( 26) consecutive pay periods during which time the employee shall have an opportunity to demonstrate suitability for the job. Under certain conditions, with the approval of the City 365

7 Manager, the Department Head may extend the probationary period up to a maximum of an additional thirteen (13) consecutive pay periods. An employee who successfully completes the probationary period shall be considered to have obtained “regular status”. An employee who does not satisfy the standards of the class during the probationary period shall be notified in writing and termination or demotion procedures shall be initiated. An employee rejected or laid off during the probationary period from a position to which the employee has been promoted shall be returned to the classification in which the employee had regular status unless the reasons for failure to complete the probationary period would be cause for dismissal.

ARTICLE VI

PROMOTION

SECTION 1. SALARY STEP ASSIGNMENT. When an employee is promoted to a position of a higher classification, the employee may be assigned to Step A in the appropriate range for the higher classification; provided, however, that if such employee is already being paid at a rate equal to or highe r than Step A in the appropriate range for the higher classification, the employee shall be placed in the step in that appropriate salary range as will grant the employee an increase of at least one (1) but no more than three (3) salary steps, at the discretion of the Department Head and the Human Resources Director.

SECTION 2. ELIGIBILITY LIST. When an eligible employee remains in higher bands of a current eligibility list, and a Department Head selects an eligible employee in a lower band, upon request, the eligible employee in the higher band will be notified of the reasons for non-selection.

ARTICLE VII

DEMOTION

When an employee is demoted for disciplinary reasons to a position in a lower classification, the new salary rate shall be assigned to the appropriate salary range for the lower classification and the salary rate shall be reduced by at least one (1) step.

ARTICLE VIII

REASSIGNMENT OF COMPENSATION RANGES

SECTION 1. Any employee who is employed in a classification which is allocated to a different pay range shall retain the same salary in the new range a s previously held in the prior range, and shall retain credit for length of service acquired in the previously held step toward advancement to the next higher step in the new salary range; provided, however:

A. That if such retention shall result in the advancement of more than one step in the old pay range, the Human Resources Director may, at the time of reassignment, place the employee in a step which will result in an increase of only one step.
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8 B. That if the reassignment is to a lower compensation range, the F Step of which is lower than the employee’s existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position shall be reassigned to a compensation schedule which will allow for further salary advancement, or until su ch time as the employee is promoted to a position assigned to a higher compensation range.

C. That if the reassignment is to a lower compensation range, the F Step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is closest to, but no lower than the existing rate of pay.

D. The City Manager may reduce the salary range of any classification but shall not be able to increase the range when any position is vacant.

ARTICLE IX

WORKING OUT OF CLASS

SECTION 1. The City may work employees out of classification for up to ten (10) consecutive working days without additional compensation.

SECTION 2. ACTING TIME PAY. An employee shall receive acting time pay, as further defined below, at Step A of the higher class, or five percent ( 5.0%) above the employee's regular salary, whichever is greater, for work performed in the higher classification on the eleventh (11th) consecutive working day out of class, and for each consecutive day thereafter an employee works out of class. The Department Head or a duly authorized designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment.

A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent’s approved leave of absence, said employee shall receive Temporary Upgrade Pay.

Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is “compensation to employees who are required by their employer or governing board or body to work in an upgraded position/classification of limited duration”.

The above form of compensation shall be reported to CalPERS as special compensation and therefore compensation earnable. However, Temporary Upgrade Pay will not be reported to CalPERS as pensionable compensation for “New Members” hired on or after January 1, 2013, as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA).

B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated due to voluntary resignation, promotion, demotion or termination. Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) defines an “out -of-class appointment” to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a “vacant position” refers to a position that is vacan t during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence (see “Temporary Upgrade Pay” above).
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9 SECTION 3. ELIGIBILITY PERIOD. During the ten (10) consecutive working day eligibility period before an employee is entitled to receive acting time pay, absence for compensatory time and/or vacation shall break consecutiveness and cause the ten (10) consecutive working day eligibility period to start over.

Absences for regularly scheduled holidays, regular days off, jury duty, and/or verifiable sick leave shall not constitute a break in consecutiveness for acting pay eligibility.

SECTION 4. PROMOTION FROM ACTING INTO PERMANENT POSITION . An employee who is promoted from an acting position to that same position on a permanent basis shall receive credit for time served while acting in that position, towards any applicable probationary period for the permanent position, up to a maximum of six (6) months.

ARTICLE X

OVERTIME/COMPENSATORY TIME/CALL BACK COMPENSATION

SECTION 1. ENTITLEMENT TO OVERTIME.

A. Compensatory Time. An employee covered by this MOU having an average work week of forty (40) hours shall be entitled to compensatory time for all hours worked in excess of forty (40) hours within the employee's work week. Compensatory time shall be accumulated at the rate of one - quarter (¼) hour of compensatory time for each one-quarter (¼) hour of overtime worked.

B. Premium Overtime. Only time actually worked (i.e., not holiday, vacation, sick leave, or compensatory time) over forty (40) hours in an FLSA work period shall be paid at the premium rate (time and one-half) either in the form of pay or compensatory time.

C. Paid Leave Hours During Holiday Closure. In the event of a City Hall Holiday Closure (during the Christmas/New Year’s Holiday), any paid leave hours (i.e., vacation, compensatory time, or sick leave) used during the Holiday Closure shall count as hours worked for purposes of calculating whether an employee has worked in excess of forty (40) hours within the employee’s regular work week, and for purposes of determining whether the employee will be paid premium overtime. This shall be an exception related to an employee’s entitlement to premium overtime, as defined in Section 1B.

SECTION 2. COMPENSATORY TIME ACCUMULATION. Compensatory time shall be accumulated to the nearest one-quarter (¼) hour increment. Where an employee works less than one-quarter (¼) hour per day of overtime, the employee shall not receive compensatory time, and such time shall not count toward the computation of overtime.

SECTION 3. ELIGIBILITY. In order to be entitled to compensatory time, such compensatory time must be authorized by the Department Head or a duly authorized designee.

SECTION 4 . MAXIMUM COMPENSATORY TIME ACCRUAL . Any accumulated compensatory time accrued in excess of eighty (80) hours per calendar year shall be automatically paid on the first pay period of the new calendar year.

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10 SECTION 5. USE OF COMPENSATORY TIME.

A. Payment of Compensatory Time. Overtime shall be paid at the regular rate of pay or equal time off, when authorized by the Department Head and approved by the City Manager.

B. Payment Upon Termination. Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination.

C. Conversion. Employees may convert accumulated compensatory time to cash.

SECTION 6. CALL BACK COMPENSATION. If employees are required to report back to work after completing a normal work shift and have left the City premises and/or work location, they shall be compensated in cash or as compensatory time off at the straight time rate for actual hours of work wit h a minimum of three (3) hours call back compensation, regardless of whether the employee works less than three (3) hours. This provision shall not apply to employees who are continuing on duty. All actual time worked during a call back shall count as time worked toward the forty ( 40) hours for qualifying for premium (time and one -half) overtime under FLSA. Section 8 below denotes compensation provided when an employee is eligible for call back pay and standby pay.

SECTION 7. STANDBY PAY. Employees, assigned by Management to standby status after their regular work hours, will receive two (2) hours per day (Mondays through Fridays) of standby pay at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays, and Holida ys, days where the City closes services (i.e., Holiday Closure), and regular days off (i.e., the employee’s scheduled Friday off as part of the 9/80 schedule). Employees must be capable of performing all duties that would be required if called back to work.

SECTION 8. CALL BACK PAY PLUS STANDBY PAY. Employees who are called back to work pursuant to Section 6 above, and who are assigned by Management to standby status after their regular work hours pursuant to Section 7 above, will receive two (2) hours per day (Mondays through Fridays) of Standby Pay at their straight time hourly rate or three (3) hours per day for Saturdays , Sundays, and Holidays, plus a minimum of two and one-half (2½) hours call back pay at their straight time hourly rate.

Call back incidents over two and one-half (2½) hours worked shall be paid at the straight time hourly rate.

All actual call back hours worked by an employee on stand-by shall count as time worked toward the forty (40) hours for qualifying for premium overtime (time and one-half) under FLSA.

SECTION 9. TRAINING TIME. Employees who attend City-required training on a regularly scheduled day off including a 9/80 Friday shall receive straight time compensatory time on an hour -for-hour basis on time spent actually attending said training, unless this training time along with other actual hours worked exceeds forty (40) hours in an FLSA work week, in which case such time would qualify for premium overtime (time and one-half) under FLSA. Travel time outside of an employee’s regular work schedule in conjunction with training does not count toward FLSA overtime under this provision.

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11 ARTICLE XI

HOLIDAYS

SECTION 1. HOLIDAY DESIGNATION. Employees covered by this MOU shall receive the following paid nine (9) hour holidays, except item number nine (9) below:

1) January 1st (New Year’s Day)
2) Third Monday in February (Presidents’ Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
6) November 11th (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (day after Thanksgiving)
9) December 24th (Christmas Eve), if it falls on a Monday through Thursday 10) December 25th (Christmas Day)
11) Nine (9) hours of floating holiday time

SECTION 2. FLOATING HOLIDAY. The nine (9) hours of floating holiday will accrue on January 1st of each year and is required to be utilized by December 31 st of the year for which it was provided.

Employees hired after January 1 st of each year shall receive a prorated portion of the nine (9) hours.

Floating holiday hours shall be taken at the convenience of the City with approval of the Department Head. Probationary employees are provided with, and are eligible to use, Floating Holiday and Holiday Hours according to the guidelines established in this Article, and/or, with approval of the Human Resources Director.

Employees who terminate employment with the City shall receive any remaining portion of their floating holiday in cash reimbursement.

SECTION 3. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. In the event any of the above holidays fall on a Sunday, except Christmas Eve, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays falls on a Saturday, except Christmas Eve, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays, falls on an employee’s regularly scheduled day off during the week , except Christmas Eve, employees will be credited with nine (9) hours of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by June 30th of the same fiscal year in which it was accumulated or be forfeited.

SECTION 4. ELIGIBILITY TO RECEIVE HOLIDAY PAY . In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of an approved absence (e.g., sick leave, vacation, or compensatory time), the employee's regularly scheduled day before and regularly scheduled day after the holiday. Should an employee fail to work the employee's regularly scheduled day before and after the holiday, or if the employee is on an approved leave of absence without pay, the employee shall not be entitled to holiday pay. Probationary employees are provided with and are eligible to use floating holiday hours, according to the guidelines established in this Article, and/or with approval of the Human Resources Director.
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12 SECTION 5. HOLIDAY DURING VACATION. Should one of the holidays listed above fall during an employee's vacation period while an employee is absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation.

SECTION 6. COMPENSATION FOR HOURS WORKED ON OBSERVED CITY HOLIDAYS . All employees required to work on a holiday listed above shall receive, with the approval of their supervisor, holiday pay plus straight time pay for hours worked on the holiday, or time off equal to the number of hours the employee actually worked on the holiday. Employees who work in excess of their regular number of hours on a holiday listed above shall receive double time pay for all such hours actually worked.

Employees shall receive no other compensation for working on a holiday.

ARTICLE XII

VACATION

SECTION 1. VACATION ACCRUAL. All full-time, regular employees accrue paid vacation as follows:

Years of Service Vacation Hours
Per Year
1 80
2 96
3 104
4 112
5 through 10 120
11 128
12 136
13 144
14 152
15 160
16 164
17 168
18 172
19 176
20 180
21 184
22 188
23 192
24 or more 200

SECTION 2. VACATION USAGE AND ACCUMULATION . Vacation shall be taken at the convenience of the City with the approval of the Department Head or a duly authorized designee. Where possible, such vacation should be taken annually and not accumulated from year to year. Vacation hours not in excess of the equivalent number of hours earned in the immediately preceding twenty-four (24) month period may be accumulated with the permission of the Department Head and the Human Resources Director. Accrual of vacation hours shall cease if the accumulated vacation hours exceed equivalent 371

13 number of hours earned in the immediately preceding twenty-four (24) month period. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable limit.

Probationary employees accrue vacation but may not use vacation until successful completion of an initial probation period, except in the event of a City Hall Holiday Closure. For probationary employees who were hired on or after July 1st of their year of hire shall be able to receive advancement of future vacation time to cover the holiday closure occurring within their first year of employment. After the holiday closure, the amount of vacation advanced to an employee for the holiday clo sure must be returned to the employee’s vacation bank at the rate of accrual to restore the negative balance. If the employee separates from employment with the City for any reason before the negative vacation balance is restored, the employee shall not be required to com pensate the City for the remaining negative vacation balance as a result of vacation advanced to cover the closure.

SECTION 3. VACATION CONVERSION. An employee may convert up to fifty percent (50%) of current annual vacation accrual into cash in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 2, above, and may so convert twice in a fiscal year, however, the total amount converted per fiscal year shall not exceed fifty percent (50%) of the employee’s annual accrual. Employees serving their initial probationary period shall not be eligible for vacation conversion.

SECTION 4 . VACATION PAY -OUT UPON TERMINATION . Eligible full -time and part -time employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service.

ARTICLE XIII

PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY

FOR FRINGE BENEFITS

SECTION 1. DEFINITIONS . Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per month or months per year of work. Employees who are not defined as full-time employees may be defined as follows:

A. Regular part-time employees shall be those employees scheduled in the budget to work twenty (20) or more hours per week on a year-round basis (52 weeks minus approved leave).

B. Temporary part-time employees shall be those employees scheduled in the budget to work less than twenty (20) hours per week on a year-round basis (52 weeks minus approved leave).

C. Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year-round basis, regardless of total hours worked.

SECTION 2. REGULAR PART-TIME EMPLOYEES. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled in the budget to work to the normal forty (40) hour week on an annual basis.
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14 The annual schedule for all part -time employees shall be on the City's position control and approved in the City's approved budget. This formula of proration shall apply to holiday pay, vacation, sick leave, medical insurance contribution, disability insurance contribution, and retirement contribution.

SECTION 3. TEMPORARY AND SEASONAL EMPLOYEES . Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in this MOU or in any resolution of the City, except those stated in Article XVIII, Section 2 of this MOU, or unless otherwise provided by Federal and/or State law.

ARTICLE XIV

LEAVES OF ABSENCE

SECTION 1. LEAVE OF ABSENCE WITHOUT PAY . For all regular employees as described herein, the following Leave Without Pay procedure shall apply:

A. After all available leave benefits, including vacation, compensatory time, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the Department Head for leave without pay. No such leave will be considered absent a written application from the employee requesting leave.

C. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under the FML A in section below. During such leave in excess of five (5) working days, no seniority shall be accumulated.

E. At the end of such leave, if the employee desires additional leave, written application must be made through the Department Head to the Human Resources Director at least ten (10) days before the end of the six (6) month period, stating the reasons why the additional leave is required and why it would be in the best interest of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, the Human Resources Director may approve such ex tension of the leave of absence for a period not to exceed an additional six (6) months.

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15 F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has terminated employment with the City.

G. An employee on leave must give the City at least seven (7) days' written notice of intent to return to work prior to returning to work.

I. Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof.

J. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain all seniority rights.

K. Forms setting forth the benefits available and other pertinent information shall be maintained for distribution in the Human Resources Department.

L. Management will allow an employee to take a leave of absence without pay during a City Hall Holiday Closure without having to exhaust all accrued leave benefits on the books. During said closure, employees will not see a reduction in benefits, including no loss of eligibility for holiday pay, if leave without pay hours are used during the closure (i.e., the day after Christmas Day and/or working day before the New Year’s Day).

SECTION 2. JURY DUTY AND WITNESS SERVICE FOR THE CITY.

B. Witness Service for the City. If an employee is called as a witness, on behalf of the City, the employee shall receive normal pay for time spent by the employee serving as a witness for the City.

Employees shall be required to pay any witness fees that accrue to the employee for witness service to the City as a condition of receiving normal pay while serving as a witness for the City.

16 military orders and Leave and Earnings Statements (LES) if requested, to the Human Resources Department to qualify for a military leave of absence. Any exceptions to this provision shall be considered on a case-by-case basis, with final approval of the Human Resources Director.

SECTION 4. SICK LEAVE . Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:

A. For employees working a regular forty (40) hour week, eight (8) hours of sick leave will accrue for each month of continuous service. Probationary employees may use accrued sick leave during the probationary period.

B. All non-benefited employees shall receive sick leave as required by State law.

C. Sick leave will be charged at the rate of one -quarter (¼) hour for each one -quarter (¼) hour an employee is absent.

D. Any employee eligible for sick leave with pay may use such leave for the following reasons:

1) Medical, dental, and vision office appointments during work hours when authorized by the Department Head or a duly authorized designee; and/or

2) Personal illness or physical incapacity resulting from causes beyond the employee's control; including pregnancy, childbirth and other medically related conditions.

3) For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a).

4) No employee shall be eligible or entitled to sick leave with pay for any illness or injury arising out of and in the course of City employment.

E. Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided in Section 5 below.

F. Sick Leave Charged. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee’s sick leave account shall be one-quarter (¼) hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one-half (½) hour. Sick leave shall only be used for the purposes stated, and the Department Head shall be responsible for control of employee abuse of sick leave. Employees may, upon prior notice, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness.

G. Maximum Accumulation of Sick Leave. Employees shall be allowed to accumulate sick leave to a maximum of 960 hours. Sick leave hours in excess of such maximum shall be forfeited.

17 (25%) pay for the first thirty (30) days of accrued sick leave after the first sixty (60) days of accrued sick leave (481 - 720 hours), and fifty percent (50%) of all accrued sick leave thereafter (721 - 960 hours).

J. Sick Leave Conversion.

1) Eligible employees with sick leave usage of 0.0 to 36.0 hours per payroll calendar year shall have the option to convert up to thirty (30) hours of their unused sick leave to vacation in the first pay period of the following year.

2) Eligible employees with sick leave usage of 36.25 to 45.0 hours per payroll calendar year shall have the option to convert up to twenty (20) hours of their unused sick leave to vacation in the first pay period of the following year.

3) Sick leave used under the Family and Medical Leave Act (FMLA) shall not be counted towards an employee’s sick leave conversion to vacation total.

4) Employees must have a minimum balance of 140 hours of sick leave available after conversion.

5) However, no hours will be converted to vacation if said vacation conversion places the employee’s vacation bank over the maximum allowable accrual. In this case, all sick leave hours eligible for conversion will instead remain in the employee’s sick leave account.

SECTION 5. FAMILY LEAVE . In accordance with the California Family Sick Leave and Paid Sick Leave Acts, employees are allowed up to one-half (½) of their annual accrual of sick leave per calendar year for family related illness or injury, which shall be charged against the employee's accumulated sick leave. Family as used in this subsection is limited to any relation by blood, marriage or adoption who is a member of the employee’s household; and any parent, substitute parent, parent-in-law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, or “designated person” pursuant to AB1041, regardless of place of residence. Benefited part-time employees are allowed to use up to one-half (½) of their annual accrual of sick leave for family leave purposes.

SECTION 6. BEREAVEMENT LEAVE. Regular full-time employees shall be entitled to take up to five (5) days of paid bereavement leave per incident. The following terms and conditions apply:

A. Bereavement leave may only be used upon the death, or critical illness where death appears to be imminent, of the employee's immediate family. "Immediate family" as used in this subsection shall be limited to any relation by blood, marriage, or adoption, who is a member of the employee's household; and any parent, legal guardian, parent -in-law, brother -in-law, sister -in-law, grandparent, grandchild, aunt, uncle, spouse, registered domestic partner, child, brother, sister, or registered domestic partner of the employee, regardless of place of residence.

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18 B. Days of absence due to bereavement leave shall not exceed five (5) working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons therefor e as soon as possible. Failure to inform the immediate supervisor, within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence.

SECTION 7. WORKERS’ COMPENSATION. Association employees who incur a work-related injury or illness will be eligible to receive Workers’ Compensation benefits according to the State of California’s Division of Workers’ Compensation (DWC) laws and regulations.

A. Temporary Disability. An Association employee shall be granted Temporary Disability in accordance with the current State Workers’ Compensation laws and regulations. When a n Association employee is eligible to receive Temporary Disability payments, the City will contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or provide full salary continuance, for the first thirty (30) days starting from the first day of Temporary Disability. The employee will then receive eighty percent (80%) of salary for up to an additional 335 calendar days. Temporary Disability in excess of 365 days will be provided subject to current State Workers’ Compensation laws and regulations.

B. Course of Employment. Should it be determined by the treating physician, or the employee’s doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers’ Compensation Appeals Board, that an employee's illness or injury did not arise in the course of the employee's employment with the City and/or that the employee is not temporarily incapacitated, then the employee's accrued, or if insufficient, future sick leave, shall be charged to reimburse the City for any payments made to the employee.

C. Physician Pre-Designation. Before a work-related injury, an employee may elect to pre-designate a qualified medical provider if done in accordance with Workers’ Compensation laws and regulations.

D. Fringe Benefits. An employee receiving Temporary Disability benefits will continue to receive the City’s contribution to the employee’s medical, dental, vision and other applicable insurances.

All authorized deductions will continue as though the employee is on regular wor k status. If the employee has exhausted Temporary Disability benefits, the employee shall be responsible for paying the full premium for the employee’s medical, dental, vision, and other applicable insurances.

SECTION 8. FAMILY AND MEDICAL LEAVE ACT (FMLA). Federal and State laws require the City to provide family and medical care leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the City’s Employee Handbook. Any provisions not set forth in the Employee Handbook are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act (FMLA) of 1993 and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director.

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19 A. Amount of Leave. Eligible employees are entitled to a total of twelve (12) work weeks of leave during any twelve ( 12) month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires twelve ( 12) months after the birth or placement.

B. Calculating the 12-Month Period. The twelve (12) month period for calculating leave entitlement will be a "rolling period" measured backward from the first date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous twelve (12) month period to determine how much leave has been used in determining how much leave an employee may be entitled to.

C. Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, all accrued paid leave must be exhausted (except sick leave) in connection with the leave. This includes vacation, holiday, compensatory time, and other paid leaves. If an employee requests leave for a serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion of accrued paid leave will run concurrently with FMLA.

D. Required Forms. Employees must fill out required forms, available in the Human Resources Department, including: Request for Family Medical Leave; Medical Certification; Authorization for Payroll Deductions for Benefit Coverage Continuation During Family/Medical Care Leave; and Fitness-for-Duty to return from leave (if applicable).

ARTICLE XV

FRINGE BENEFIT ADMINISTRATION

SECTION 1. ADMINISTRATION. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of this MOU.

SECTION 2. SELECTION AND FUNDING . In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this MOU, provided that the benefits of the employees shall be no less than those in existence as of implementation of this MOU.

SECTION 3. CHANGES. If, during the term of this MOU, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage.

REST OF PAGE LEFT BLANK INTENTIONALLY.

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20 ARTICLE XVI

HEALTH BENEFITS

SECTION 1. HEALTH INSURANCE. The City contracts with CalPERS to make available those health insurance benefits provided under the Public Employees’ Medical and Hospital Care Act (PEMHCA).

A. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full- time and part-time eligible employees and pay the following monthly amounts to provide funds for optional health plans, dental plans, vision plans, health care reimbursement, dependent care, or cash as established by the Internal Revenue Service. The following amounts include the minimum amount required under PEMHCA, which is $157.00 per month. This contribution shall be adjusted annually each January 1st to the amount set by the CalPERS Board of Administration.

Effective Dates Single 2-Party Family
January 1, 2023 $1,095.00 $1,570.00 $1,895.00
January 1, 2024 $1,095.00 $1,620.00 $1,995.00
January 1, 2025 $1,095.00 $1,670.00 $2,095.00

B. Any costs in excess of the amounts designated in Section 1A necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee.

C. An employee cannot be enrolled in the CalPERS Health Benefits Plan if a spouse is enrolled in the same agency or enrolled in an agency with CalPERS Health, unless the employee (or the spouse) is enrolled without being covered as a family member.

D. An employee may choose to not be enrolled in a CalPERS Health Benefits Plan. If an employee chooses not to be enrolled, the employee must provide proof of group medical insurance coverage (e.g., coverage under a spouse’s employer’s plan) that is compliant with the Affordable Care Act (ACA), as determined by the Human Resources Director. Based on determination that group medical insurance coverage is in full force and effect, employees hired prior to January 1, 2020 shall receive $995.00 per month toward the Flexible Benefits Plan. Employees hired after January 1, 2020 who elect to waive the City’s medical insurance shall receive $400.00 per month.

E. In the event the employee loses eligibility (with documentation), the employee may enroll in the CalPERS Health Benefits Plan pursuant to their rules and regulations. Failure to do so within sixty (60) days, shall result in the City seeking reimbursement of said contributions.

F. Retired Annuitant Contribution. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retire d annuitant of CalPERS to the extent required by law, a contribution of $157.00 per month. This contribution shall be adjusted annually each January 1st to the amount set by the CalPERS Board of Administration.

SECTION 2. LIFE INSURANCE. The City shall contribute the full premium toward a $50,000.00 life insurance policy for each benefited employee.
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21 SECTION 3. LONG TERM DISABILITY INSURANCE. The City shall contribute the full premium toward a long-term disability plan that pays sixty percent (60%) of salary after a sixty (60) day elimination period to a maximum of $6,000.00 per month.

SECTION 4 . RETIREMENT HEALTH SAVINGS PLAN (RHSP) TRUST. The City allows the Association to establish an RHSP trust for its employees. The City will not contribute to this plan, as all costs and contributions of the Plan will be borne by the employees. The Association will sponsor said plan, and indemnify and release the City from any and all plan liability. The City will provide logistical payroll support. The responsibility for the maintenance and investment of the plan funds rests solely with the Association.

ARTICLE XVII

EDUCATIONAL ASSISTANCE AND WELLNESS PROGRAM

SECTION 1. PROGRAM REQUIREMENTS. The City will reimburse employees for the cost of tuition, textbooks, health fees, and parking fees required for approved college courses. An approved course is one designated to directly improve the knowledge of the employee relative to the specific job or courses leading to an accredited degree. In addition, the City will reimburse employees for job -related lab fees and cost of materials, licensing and registration fees and renewals , and professional and technical certifications. Requests for reimbursements will be reviewed by the Department Head who shall submit all requests, along with recommendations, to the Human Resources Director for approval prior to registration. Reimbursement will be based upon the final grade the employee receives. A final grade of C or better qualifies an employee for 100% reimbursement up to the amount specified in Section 2 of this Article.

SECTION 2. PAYMENTS . Educational assistance reimbursement payments to an employee shall not exceed $1,500.00 in any one (1) fiscal year and the employee must still be employed by the City when the course is completed to qualify for reimbursement . Purchases must be approved in advance by the Department Head and the Human Resources Director.

SECTION 3. PROFESSIONAL DEVELOPMENT . The City agrees to allow up to $600.00 of the $1,500.00 allotted per fiscal year to be used for reimbursement for activities and written materials that aid in an employee’s professional development. Reimbursable activities and written materials under this section include the following:

1) Attendance at job-related professional conferences, trainings, and seminars; and

2) Payment of membership dues in community or professional organizations; and

3) Purchase of job-related professional journals, books, and other written materials, which further the employee’s knowledge and improve the employee’s effectiveness in performing their duties.

This Professional Development benefit aims to encourage and enable employees to voluntarily pursue educational and public relations oriented activities bey ond those normally budgeted for by their departments and in which they are directed to participate. 380

22 Individual City departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials, which enhance employee knowledge. Costs associated with work travel, lodging, meals (or per diem), parking, or other costs as defined in Article XX of this MOU are not eligible for reimbursement under this section.

SECTION 4. WELLNESS REIMBURSEMENT. The City agrees to allow up to $375.00 of the $1,500.00 allotted per fiscal year to be use d for reimbursement of the following items that aid in an employee’s wellness. Requests must be approved by the Human Resources Director prior to purchase or participation.

1) Membership in a health/fitness club;

2) Participation in a weight loss/stop smoking/wellness/fitness program; and

3) Fitness equipment (home gym equipment).

The City will not reimburse employees for any of the above listed activities for family/dependent health related expenses.

SECTION 5. EDUCATION PROGRAM FOR BUILDING INSPECTOR/COMBINATION BUILDING INSPECTOR.

A. All employees classified as a Building Inspector or Combination Building Inspector shall be eligible for this program.

B. To qualify for the incentive, eligible employees shall become and remain certified by the International Code Council (ICC) as a Combination Building Inspector in one of the following disciplines:

1) Plumbing;

2) Electrical;

4) Mechanical;

5) Plans Examiner; or

6) Any other discipline approved by the Building Official that may be offered by I CC in the future.

Failure to maintain certification in the required disciplines through re -examination shall result in such inspector no longer qualifying for the incentive.

C. Employees who qualify as set forth above shall be compensated by an additional $100.00 per month. This form of compensation, also referred to as “Educational Pay - International Code Council (ICC) Certificate”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).
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23 D. City shall pay ICC fees upon passing initial and re-certification examinations.

SECTION 6. CERTIFICATION REIMBURSEMENT PROGRAM FOR CODE COMPLIANCE OFFICER, AND ASSISTANT OR ASSOCIATE PLANNER.

A. All employees classified as a Code Compliance Officer, or Assistant or Associate Planner , shall be eligible for this program.

B. To qualify for the reimbursement, eligible Code Compliance Officers shall become certified by the California Association of Code Enforcement Officers (CACEO) ; eligible Planners shall become certified by the American Institute of Certified Planners (AICP).

C. City shall reimburse up to $300.00 for CACEO and AICP testing fees upon successful completion of the examination.

ARTICLE XVIII

RETIREMENT

SECTION 1. The City participates in the California Public Employees’ Retirement System (CalPERS).

This participation shall include, but is not limited to, the following retirement benefits:

A. New Members. Miscellaneous employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. These New Members are subjec t to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre -tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of PEPRA.

B. Classic Members. Miscellaneous employees who are not defined as New Members as outlined in Section A above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21362.2 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute eight percent (8.0%) of their compensation earnable, on a pre-tax basis.

SECTION 2. PART-TIME EMPLOYEES. Part-time employees not covered under the Public Employees’ Retirement System shall participate in a defined contribution retirement plan in lieu of Social Security contributions. The City shall contribute three and three -fourths percent (3.75%) of the employee’s eligible earnings toward the retirement plan. Part -time employees shall contribute three and three-fourths percent (3.75%) of their eligible earnings toward the retirement plan.

SECTION 3. 1959 CALPERS SURVIVOR BENEFIT. The City provides the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered 382

24 employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: $6.00 per month. Employees shall pay any portion of the employer portion that exceeds $6.00 monthly.

ARTICLE XIX

MISCELLANEOUS

SECTION 1. RIDESHARE INCENTIVE PROGRAM. An employee may receive $30.00 per month and eight (8) hours of paid time off (to a maximum accrual of sixteen (16) hours) every six (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to commute to and from the worksite. To qualify for these incentives, an employee must use one (1) of the above modes of transportation a minimum of seventy percent (70%) of commuting time.

SECTION 2. UNIFORMS.

A. The City may purchase uniforms for designated classifications within the Association.

B. All uniforms and/or safety equipment purchased by the City shall remain the property of the City.

C. The City shall provide a uniform allowance of $135.00 annually to employees in the classification of Stock Clerk or Warehouse/Inventory Specialist effective July 1, 2024.

SECTION 3. WORK SHOE ALLOWANCE. Employees in designated classifications covered by this MOU may be required to wear steel-toed safety shoes while on duty. An employee classified as Assistant Engineer, Associate Civil Engineer, Building Inspector, Buyer, Code Compliance Officer, Combination Building Inspector, Construction Inspector I/II, Contract Administrator, Engineering Techni cian I/II, Environmental Compliance Specialist, Environmental Scientist, Senior Traffic Signal Technician, Stock Clerk, Warehouse/Inventory Specialist, or Traffic Signal Technician I/II will receive up to $300.00 per fiscal year for safety boots allowance. This amount shall increase to $450.00 effective July 1, 2024.

Inspection of the work site will be made on a regular basis to ascertain compliance with this work shoe allowance.

SECTION 4. BREAKS. Employees are entitled to two (2) fifteen (15) minute breaks, unless an emergency requires continued work, as determined by the employee's supervisor. An employee shall be permitted to take one (1) break during the first half of the work shift and one (1) break during the second half of the work shift. Breaks shall be scheduled to ensure that public counters and telephones are covered at all times during the regular working day and are intended to provide a period of relaxation and/or nutrition during each half of the work shift. If a break is not taken, it shall not be accumulated, but shall be lost and not charged in the future to the City.

SECTION 5. DIRECT DEPOSIT. City employees are required to participate in the City’s direct paycheck deposit program.

SECTION 6. SHORT-TERM DISABILITY INSURANCE. The City shall administer payroll deductions for an employee-funded short-term disability insurance plan. The Association will indemnify and release 383

25 the City from all liabilities related to the selected plan, and the City shall not incur cost as a result of this action.

ARTICLE XX

TRAVEL EXPENSE ALLOWED

The City has established a Travel and Business Expense Reimbursement policy ( Administrative Policy Number 4.13) to reimburse City employees when conducting City business, attending business or professional conferences, training seminars, or other travel on authorized City business.

Any employee who is required to travel in the performance of their duties or to attend an authorized meeting or conference or otherwise incurs expenses relating to the conduct of City business shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging, and incidentals as outlined in the Finance Policy referenced above.

Travel related to Professional Development as outlined in Article XVII, Section 3 is excluded from this provision.

ARTICLE XXI

SAFETY AND HEALTH

SECTION 2. SAFETY EQUIPMENT. All protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the City.

ARTICLE XXII

CITY MANAGEMENT RIGHTS AND RESPONSIBILITIES

SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights and responsibilities of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights and responsibilities existed prior to the execution of this MOU. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include, but not be limited to, the following rights:

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

B. To determine the existence or non -existence of facts which are the basis of the Management decision.
384

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

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

E. To determine methods of financing.

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

G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted.

I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments.

J. To relieve employees from duties for lack of work, economic conditions, or similar non - disciplinary reasons.

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

L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.

M. To determine job classifications and to reclassify employees and to determine the job classifications to be assigned to the Association.

N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in accordance with this MOU.

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

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

Q. To maintain order and efficiency in its facilities and operations.

R. To establish, modify, and promulgate reasonable rules and regulations which are not in contravention with this MOU to maintain order and safety in the City.

S. To take any and all necessary action to carry out the mission of the City in emergencies.

27 impact on a significant number of employees of the Association, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU or in Personnel Rules and Salary Resolutions and Administrative Policies, which are incorporated in this MOU. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished.

ARTICLE XXIII

EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES

SECTION 1. ASSOCIATION DEDUCTIONS. The City shall deduct Association dues and supplemental benefit payments from employee paychecks on a bi-weekly basis. The City shall process these deductions based on the information certified to be current by the Association. The total amount of deduction shall be remitted by the City to the Association within ten (10) calendar days of each applicable payday.

SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article.

SECTION 3. NEWLY HIRED EMPLOYEES. The City will provide the Association with a list of any new hires into the bargaining unit within thirty ( 30) days of receipt of a request for such list by the Association.

SECTION 4 . POSTING OF NOTICES . The Association shall be afforded the opportunity to post Association bulletins, updates, and notices pertaining to Association business and meetings.

SECTION 5. USE OF CITY FACILITIES. Upon prior notice and subject to availability, the City shall allow the Association to use City facilities for membership, Board of Directors, and committee meetings.

ARTICLE XXIV

GRIEVANCE PROCEDURE

SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a timely complaint by an employee or group of employees of the Association concerning the interpretation or application of specific provisions of this MOU or of the Rules and Regulations governing personnel practices or working conditions of the City. An employee complaint concerning their own discipline shall be processed in accordance with Article XXV.

SECTION 2. BUSINESS DAYS. Business days mean s those days in which the City’s administrative offices are open.

386

28 SECTION 3. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES . The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party.

Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with time limits set forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure . The grieving party may request the assistance of the Association in presenting a grievance at any level of review or may represent themselves.

SECTION 4. INFORMAL GRIEVANCE PROCESS . An employee must first attempt to resolve a grievance on an informal basis by discussion with an immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than ten (10) business days elapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance and the filing of a written formal grievance with the Human Resources Director of the City, with a copy to the Department Head in which the employee works. Should the grievant fail to file a written grievance within ten (10) business days from the date of the incident giving rise to the grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to the grievance, the grievance shall be barred and waived.

SECTION 5. FORMAL GRIEVANCE PROCESS, HUMAN RESOURCES DIRECTOR, DEPARTMENT HEAD. If the grievance is not resolved through the informal process, and the written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the Department Head within ten ( 10) business days. The Human Resources Director and the Department Head shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within five (5) business days following the grievance discussion.

SECTION 6. FORMAL GRIEVANCE PROCESS, CITY MANAGER. If the grievance is not resolved in Section 5 above, or if no answer has been received from the Human Resources Director and Department Head within fifteen ( 15) business days from the presentation of the written grievance to the Human Resources Director and Department Head, the written grievance shall be presented to the City Manager , or a duly authorized designee within ten (10) business days, for determination. Failure of the grievant to take this acti on will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or a duly authorized designee, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within ten (10) business days after receiving the grievance. After this procedure is exhausted, the grievant, Association, and the City shall have rights and remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by the employee and supervisor to resolve the grievance at the informal step.

REST OF PAGE LEFT BLANK INTENTIONALLY.

387

29 ARTICLE XXV

DISCIPLINARY APPEALS PROCEDURE

SECTION 1. DISCIPLINARY APPEALS . Any employee who has obtained regular status, and any promotional probationary employee shall have the right to appeal any termination, suspension, reduction in salary, or non-probationary demotion. The right to appeal shall not apply to probationary, non-benefited part-time, temporary, or seasonal employees covered by this MOU. Verbal or written reprimands, probationary demotions, performance evaluations, and denial of merit increases are not subject to appeal.

However, an employee may submit a written rebuttal to any verbal or written reprimand. In addition, the employee may also request said reprimand be withdrawn from their official personnel record after one (1) year. However, such removal shall be at the complete discretion of the Human Resources Director.

SECTION 2. MANAGER’S FORMAL DISCIPLINARY APPEALS PROCESS. An employee desiring to appeal a supervisor’s decision to take disciplinary action shall have up to ten (10) business days after receipt of the notice of intent to discipline to file either a verbal or written appeal to the Department Head.

If, within the appeal period, the employee does not file an appeal, unless good cause for the failure is shown, the disciplinary action shall be considered final and shall take effect as prescribed. If the employee does file a notice of appeal within the appeal perio d, the Department Head shall consider the merits of said appeal prior to implementation of any disciplinary action. In the event the Department Head upholds the disciplinary action, said action shall be implemented immediately.

An employee may appeal the Department Head’s decision to the City Manager or, at the City Manager’s discretion, to a duly authorized designee, as long as such designee is not a manager from the department of the employee filing said appeal. An employee may appeal any termination, suspension, reduction in salary, or non-probationary demotion to the City Manager or a duly authorized designee. Any request for an appeal to the City Manager shall be submitted in writing to the Human Resources Department within ten (10) business days of the Department Head’s decision. Failure to do so shall render the discipline final and constitute a waiver of any further administrative or judicial appeals. The appeal to the City Manager may be either in the form of a written appeal or an oral presentation. Termination appeals may be further processed in accordance with the provisions of Section 3 below.

SECTION 3. FORMAL PROCESS FOR TERMINATIONS, ADVISORY HEARING OFFICER . A non-probationary terminated employee may request a full evidentiary hearing within fifteen (15) City business days of the date of any notice of termination. Failure to request a hearing within the fifteen (15) day period constitutes a waiver of the hearing. In lieu of a hearing, a terminated employee may submit a written response to the City Manager within the fifteen (15) day period. Requests for extensions to file a written response must be made within the fifteen (15) day period. If a hearing is requested to challenge the imposition of termination, a full evidentiary hearing shall be held by a Hearing Officer who shall render an advisory decision.

388

30 A. Fees for retaining the Hearing Officer and other costs related to conducting the hearing, for example employing a court reporter, shall be shared equally by the City and the employee. The City and the employee shall each be responsible for securing and paying for their respective representation at the hearing, if any.

C. The City Manager, or a duly authorized designee, shall render a final decision on the Hearing Officer's comments and recommendation, in writing, and return them to the employee within ten (10) business days after receiving the Hearing Officer's findings.

D. After this procedure is exhausted, the employee and the City shall have all rights and remedies to pursue said appeal under the law.

ARTICLE XXVI

NO STRIKE-NO LOCKOUT

SECTION 1 . PROHIBITED ASSOCIATION CONDUCT. The Association , its officers, agents, representatives and/or members agree that during the term of this MOU, they will not cause or condone any strike, walkout, slowdown, sick -out, or any other job action by withholding or refusing to perform services.

SECTION 2. PROHIBITED CITY CONDUCT. The City agrees that it shall not lock out its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

SECTION 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to termination by the City.

SECTION 4. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all respon sibilities listed in Section 5 below, the Association Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Resolution in this MOU , including, but not limited to, suspension of recognition of the Association, grievance procedure, right of access, the use of the City's bulletin boards, and facilities.

SECTION 5. ASSOCIATION RESPONSIBILITY.

A. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, the Association or its duly authorized designees shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this 389

31 MOU and they should immediately cease engaging in conduct prohibited in Section 1 above, and return to work.

B. If the Association performs all of the responsi bilities set forth in paragraph A above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of Section 1 above.

ARTICLE XXVII

BLANK ARTICLE

This article is intentionally left blank to standardize the sequence among other City of Orange MOU’s.

ARTICLE XXVIII

LAYOFF PROCEDURE

When a layoff or reduction in force is necessary, the layoff procedures set forth in Resolution No. 8177 , as incorporated below, shall be used as the established layoff policy and procedure.

SECTION 1. PURPOSE. The purpose of this policy is to establish and communicate the City's procedures when a layoff or reduction in force is necessary.

SECTION 2. SCOPE. All Association employees are subject to reduction in force at the direction of the City Manager.

SECTION 3. POLICY. The City retains the right to abolish any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity for a position no longer exists. The City's layoff policy provides the following criteria to be followed during a reduction in force.

SECTION 4. PROCEDURE.

A. Order of Reductions in Force (Layoff and Demotion). Within a department and by classification, the order of layoff or demotion shall be as follows:

1) Temporary employees (19 hours or less);

2) Initial probationary employees;

3) Regular part-time employees (20 or more hours, but less than 40 hours);

4) Regular full-time employees (40 hours)

For purposes of this procedure, the Water Division will be considered a department.

390

32 B. Layoffs.

1) Layoffs shall be based on City-wide seniority, except, negative performance during the past three ( 3) years will be considered to determine the order of layoff. Negative performance and disciplinary actions will include the following:

a) Denial of merit increases;
b) Suspension without pay;
c) Extensions of probationary periods;
d) Disciplinary demotions to lower level positions;
e) Disciplinary reductions in pay;
f) Performance evaluations containing significant, negative written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur.

2) The order of layoff shall be established by the Human Resources Director , including seniority and results of review of performance evaluations and prior disciplinary actions.

3) The order of layoff will be the least senior employee as determined by the procedure above.

5) If the employee wishes to contest the application of the criteria set forth in this policy to their position on the list, the employee may appeal with any supporting materials to the Human Resources Director . This request should be directed to the Human Resources Director within seven (7) calendar days following the establishment and distribution of a "Proposed Order of Layoff" list. The employee will be allowed representation during the appeal process.

C. Written Notice . Employees to be laid off shall be provided written notice at least seven (7) calendar days in advance of the layoff date. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible, the notice will be sent by certified mail to the last known residential address.

REST OF PAGE LEFT BLANK INTENTIONALLY.
391

33 D. Transfer or Demotion in Lieu of Layoff.

1) Whenever employees are to be laid off, they may transfer or demote to another vacant position in their own department or other departments providing that:

a) The positions are at the same or lower level;
b) Positions are authorized, budgeted, and the City intends to fill the vacancies; c) The employee meets the qualifications of the ne w position as determined by the Human Resources Director.

2) Whenever employees are to be laid off, they may demote to lower level, filled positions within their department providing they:

a) Formerly held or supervised the lower level position within the City of Orange and within the classification series;
b) Employee meets or can reasonably meet qualifications for the new position as determined by the Human Resources Director;
c) Possesses greater seniority to displace a lower level worker; d) Requests in writing a demotion to the previously held or supervised position within seven (7) calendar days of receiving the notice of layoff or voluntary demotion. A voluntary demotion shall not reflect as a negative action in the employee's personnel file.

E. Re-employment Lists.

1) Regular employees in good standing who are laid off or demoted shall have their name placed on a departmental re -employment list for the last classification previously held.

Names shall be placed on the list in inverse order of seniority (last released - first rehired).

Vacancies the department desires to fill will be offered first to eligibles on the departmental re-employment list.

2) Other hiring departments who have vacancies the City desires to fill will give priority consideration to those employees whose names appear on the re-employment list. If these employees are not selected for re -hire, the reason for non -selection must be approved by the Human Resources Director.

3) Names of qualified individuals shall remain on re -employment lists for a period not to exceed two (2) years from the date of layoff. Individuals who qualify for re -hire but do not respond to written notification to the last known address on file within fourteen calendar days or who refuse two (2) job offers shall have their names removed from the re- employment list. It is the employee’s responsibility to provide the Human Resources Department with a current mailing address. Once re -hired, employee names are removed from all re-employment lists.

34 pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Uniformed Services Employment and Re-employment Rights Act of 1994) or any other lawfully protected class.

ARTICLE XXIX

SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING

It is the intent of the parties hereto that the provisions of the MOU shall supersede all prior agreements and Memorandums of Agreement, Letters of Understanding, or Memoranda of Understanding, or contrary salary and/or personnel resolutions or Administrative Codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law.

ARTICLE XXX

WAIVER OF BARGAINING DURING TERM

OF MEMORANDUM OF UNDERSTANDING

During the term of this MOU, the parties mutually agree that they will not seek to change, negotiate, or bargain with regard to wages, hours, benefits, and terms and conditions of employment, whether or not covered by this MOU or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, however , by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.

ARTICLE XXXI

EMERGENCY WAIVER PROVISION

In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, wind, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency.

REST OF PAGE LEFT BLANK INTENTIONALLY.

393

35 ARTICLE XXXII

MEMORANDUM OF UNDERSTANDING TERMS SEVERABLE

ARTICLE XXXIII

TERM OF MEMORANDUM OF UNDERSTANDING

SECTION 1. The term of this MOU shall commence on January 1, 2024 and shall continue in full force and effect until June 30, 2025.

ARTICLE XXXIV

RATIFICATION AND EXECUTION

The City and Association acknowledge that this MOU shall not be in full force and effect until ratified by the Association and adopted by the City Council of the City of Orange. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association and entered into this 12th day of December, 2023.

REST OF PAGE LEFT BLANK INTENTIONALLY.

394

36 CITY OF ORANGE ORANGE MUNICIPAL EMPLOYEES’

ASSOCIATION

Dated: _______________________________________ Dated:

By: ___________________________________ By: __________________________________ Monica Espinoza, Human Resources Director Veronica Rodarte, OCEA Representative

By: ___________________________________ By: __________________________________ Trang Nguyen, Finance Director Joe Avila III, President

By: ___________________________________ By: __________________________________ Cody Kleen, Human Resources Manager John Ferry, Vice President

By: ____________________________________ By: __________________________________ Christina Lopez, Senior Human Resources Analyst Holly Gardner, Treasurer

By: _________________________________________
Martin Varona, Secretary

By: _________________________________________
Eric Perez, Director at Large

APPROVED AS TO FORM:

By: __________________________________
Nathalie Adourian, Senior Assistant City Attorney
395

37 APPENDIX A

ORANGE MUNICIPAL EMPLOYEES’ ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE JANUARY 1, 2023

3.0% Across-the-Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accountant 562 5882 6182 6498 6829 7177 7543
Administrative Assistant 510 4538 4770 5013 5269 5538 5820 Administrative Specialist 508 4493 4723 4963 5217 5483 5762 Assistant Engineer 591 6797 7145 7508 7891 8294 8717
Assistant Planner 549 5513 5795 6089 6401 6727 7070
Associate Civil Engineer 614 7624 8014 8421 8851 9302 9776 Associate Engineer 614 7624 8014 8421 8851 9302 9776
Associate Planner 584 6564 6899 7251 7621 8009 8418
Building Inspector 550 5541 5823 6120 6432 6760 7105
Business License Inspector 538 5219 5485 5765 6059 6368 6692 Buyer 546 5431 5708 5999 6305 6627 6965
Code Compliance Officer 544 5377 5651 5940 6243 6561 6896 Combination Building Inspector 560 5824 6121 6433 6761 7106 7468 Construction Inspector I 531 5040 5297 5567 5851 6149 6463 Construction Inspector II 551 5569 5852 6151 6464 6794 7141 Contract Administrator 591 6797 7145 7508 7891 8294 8717 Engineering Technician I 520 4770 5014 5269 5538 5821 6118 Engineering Technician II 540 5271 5540 5822 6119 6431 6759 Environmental Compliance Specialist 544 5377 5651 5940 6243 6561 6896 Environmental Scientist 614 7624 8014 8421 8851 9302 9776 Finance Assistant 523 4842 5089 5349 5622 5908 6210
Finance Clerk 488 4067 4274 4492 4721 4962 5215
GIS Analyst 614 7624 8014 8421 8851 9302 9776
Housing Specialist 544 5377 5651 5940 6243 6561 6896
Human Resources Technician 518 4723 4964 5217 5483 5763 6057 Lead Business License Inspector 548 5485 5766 6059 6369 6693 7035 Lead Finance Clerk 548 5485 5766 6059 6369 6693 7035
Librarian I 526 4916 5166 5430 5707 5998 6303
Librarian II 546 5431 5708 5999 6305 6627 6965
Librarian III 566 6001 6307 6629 6966 7322 7695
Library Assistant 486 4026 4232 4448 4674 4913 5163
Library Clerk 440 3201 3364 3536 3716 3906 4105
Library Literacy Coordinator 526 4916 5166 5430 5707 5998 6303

396

38 APPENDIX A (CONTINUED)

ORANGE MUNICIPAL EMPLOYEES’ ASSOCIATION

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Library Page 411 2769 2912 3060 3215 3379 3552
Library Support Services Assistant 486 4026 4232 4448 4674 4913 5163 Library Technology Assistant 486 4026 4232 4448 4674 4913 5163 Library Technology Coordinator 546 5431 5708 5999 6305 6627 6965 Library Technology Specialist 526 4916 5166 5430 5707 5998 6303 Library Volunteer Coordinator 510 4538 4770 5013 5269 5538 5820 Office Assistant 460 3537 3717 3906 4106 4315 4536
Payroll Technician 548 5485 5766 6059 6369 6693 7035
Permit Technician 510 4538 4770 5013 5269 5538 5820
Plan Check Engineer 591 6797 7145 7508 7891 8294 8717
Planning Aide 519 4747 4989 5243 5510 5792 6087
Project Engineer 601 7145 7510 7892 8295 8718 9162
Recreation Services Coordinator 527 4940 5192 5457 5735 6028 6335 Senior Code Compliance Officer 564 5941 6244 6563 6897 7249 7619 Senior Combo. Building Inspector 580 6435 6763 7108 7470 7851 8252 Senior Finance Clerk 508 4493 4723 4963 5217 5483 5762
Senior Library Clerk 470 3718 3907 4107 4316 4536 4767
Senior Office Assistant 480 3907 4107 4316 4537 4768 5011 Senior Permit Technician 530 5015 5270 5540 5822 6118 6431 Senior Traffic Signal Technician 580 6435 6763 7108 7470 7851 8252 Stock Clerk 469 3699 3887 4086 4294 4513 4744
Traffic Management Center Tech 580 6435 6763 7108 7470 7851 8252 Traffic Signal Technician I 520 4770 5014 5269 5538 5821 6118 Traffic Signal Technician II 540 5271 5540 5822 6119 6431 6759 Transportation Analyst 614 7624 8014 8421 8851 9302 9776 Warehouse/Inventory Specialist 527 4940 5192 5457 5735 6028 6335

397

39 APPENDIX A (CONTINUED)

ORANGE MUNICIPAL EMPLOYEES’ ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE DECEMBER 31, 2023

5.5% Across-the-Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accountant 573 6214 6530 6864 7214 7582 7969
Administrative Assistant 521 4794 5039 5296 5566 5850 6148 Administrative Specialist 519 4747 4989 5243 5510 5792 6087 Assistant Engineer 602 7181 7548 7931 8336 8762 9208
Assistant Planner 560 5824 6121 6433 6761 7106 7468
Associate Civil Engineer 625 8054 8465 8895 9350 9828 10328 Associate Engineer 625 8054 8465 8895 9350 9828 10328
Associate Planner 595 6935 7289 7659 8050 8461 8892
Building Inspector 561 5853 6152 6465 6795 7142 7505
Business License Inspector 549 5513 5795 6089 6401 6727 7070 Buyer 557 5737 6030 6338 6661 7000 7357
Code Compliance Officer 555 5680 5970 6274 6595 6930 7284 Combination Building Inspector 571 6152 6466 6795 7143 7507 7889 Construction Inspector I 542 5324 5595 5881 6181 6496 6827 Construction Inspector II 562 5882 6182 6498 6829 7177 7543 Contract Administrator 602 7181 7548 7931 8336 8762 9208 Engineering Technician I 531 5040 5297 5567 5851 6149 6463 Engineering Technician II 551 5569 5852 6151 6464 6794 7141 Environmental Compliance Specialist 555 5680 5970 6274 6595 6930 7284 Environmental Scientist 625 8054 8465 8895 9350 9828 10328 Finance Assistant 534 5116 5376 5651 5939 6242 6560
Finance Clerk 499 4296 4515 4746 4988 5242 5509
GIS Analyst 625 8054 8465 8895 9350 9828 10328
Housing Specialist 555 5680 5970 6274 6595 6930 7284
Human Resources Technician 529 4990 5244 5512 5793 6088 6399 Lead Business License Inspector 559 5795 6090 6401 6727 7070 7431 Lead Finance Clerk 559 5795 6090 6401 6727 7070 7431
Librarian I 537 5193 5458 5736 6028 6336 6659
Librarian II 557 5737 6030 6338 6661 7000 7357
Librarian III 577 6339 6663 7002 7359 7735 8129
Library Assistant 497 4254 4470 4698 4938 5190 5455
Library Clerk 451 3382 3554 3735 3926 4126 4336
Library Literacy Coordinator 537 5193 5458 5736 6028 6336 6659 398

40 APPENDIX A (CONTINUED)

ORANGE MUNICIPAL EMPLOYEES’ ASSOCIATION

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Library Page 422 2926 3076 3232 3397 3571 3752
Library Support Services Assistant 497 4254 4470 4698 4938 5190 5455 Library Technology Assistant 497 4254 4470 4698 4938 5190 5455 Library Technology Coordinator 557 5737 6030 6338 6661 7000 7357 Library Technology Specialist 537 5193 5458 5736 6028 6336 6659 Library Volunteer Coordinator 521 4794 5039 5296 5566 5850 6148 Office Assistant 471 3736 3927 4127 4338 4559 4791
Payroll Technician 559 5795 6090 6401 6727 7070 7431
Permit Technician 521 4794 5039 5296 5566 5850 6148
Plan Check Engineer 602 7181 7548 7931 8336 8762 9208
Planning Aide 530 5015 5270 5540 5822 6118 6431
Project Engineer 612 7548 7934 8337 8763 9210 9679
Recreation Services Coordinator 538 5219 5485 5765 6059 6368 6692 Senior Code Compliance Officer 575 6276 6596 6933 7286 7658 8049 Senior Combo. Building Inspector 591 6797 7145 7508 7891 8294 8717 Senior Finance Clerk 519 4747 4989 5243 5510 5792 6087
Senior Library Clerk 481 3927 4128 4338 4559 4792 5036
Senior Office Assistant 491 4129 4339 4560 4793 5037 5293 Senior Permit Technician 541 5297 5568 5851 6150 6463 6793 Senior Traffic Signal Technician 591 6797 7145 7508 7891 8294 8717 Stock Clerk 480 3907 4107 4316 4537 4768 5011
Traffic Management Center Tech 591 6797 7145 7508 7891 8294 8717 Traffic Signal Technician I 531 5040 5297 5567 5851 6149 6463 Traffic Signal Technician II 551 5569 5852 6151 6464 6794 7141 Transportation Analyst 625 8054 8465 8895 9350 9828 10328 Warehouse/Inventory Specialist 538 5219 5485 5765 6059 6368 6692

399
Agenda Item
City Council
Item #: 3.17. 12/12/2023 File #: 23-0799
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Memorandum of Understanding between the City of Orange and the Orange Management Association. Resolution No. 11512.

2. SUMMARY
Resolution No. 11512 establishes a Memorandum of Understanding between the City of Orange and the Orange Management Association for the period of January 1, 2024, through June 30, 2025.

3. RECOMMENDED ACTION
Adopt Resolution No. 11512. A Resolution of the City Council of the City of Orange repealing Resolution No. 11272 and approving the Memorandum of Understanding between the City of Orange and the Orange Management Association concerning wages, hours, and other terms and conditions of employment effective January 1, 2024 through June 30, 2025.

4. FISCAL IMPACT
The total cost for this MOU is approximately $697,300, of which $232,400 is included in the FY 2023- 24 adopted budget. The remaining balance of $464,900 will be included in the FY 2024-25 budget.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
In September 2023, the City began the collective bargaining process with the Orange Management Association (OMA). The current contract between parties expires on December 31, 2023.

After six meetings, on November 30, 2023, the parties reached agreement on the terms and conditions of an eighteen-month labor contract that includes the following:

TERM January 1, 2024 through June 30, 2025
SALARIES 5.5% Across-the-Board Salary Increase
effective December 31, 2023.

HEALTH BENEFITS Increase monthly contribution to health benefits as follows: Effective January 1,
2024 o Single: $1,910 o 2-Party: $1,960
o Family: $2,010 Effective January 1,
2025 o Single: $1,910 o 2-Party: $2,010
o Family: $2,110
STANDBY PAY Increase number of hours for employees
who are assigned to standby status from:

Two (2) to three (3) hours Monday through
Friday, and three (3) to four (4) hours
Saturday, Sunday, Holidays, days where
the City closes services, and regular days
off.

HOLIDAY Increase Christmas Eve holiday from 4.5
hours to 9 hours, if it falls Monday through
Thursday.

SICK LEAVE CONVERSION Amend sick leave conversion parameters to allow eligible employees who have
utilized less than 45 hours of sick leave,
per payroll calendar year, to convert from
sick leave to vacation hours.

BEREAVEMENT LEAVE Increase paid bereavement leave from
three (3) to five (5) days per incident, for
regular full-time employees.

CLOTHING REIMBURSEMENT Incorporate Public Works Maintenance Supervisor to list of classifications eligible
for clothing reimbursement allowance
effective July 1, 2024.

TOOLS Increase annual tool reimbursement
amount from $750 to $1,000 effective July
1, 2024.

LIFE INSURANCE Increase life insurance benefit from
$50,000 to $75,000 effective January 1,
2024.

LONG-TERM DISABILITY Increase salary cap from $5,000 per month to $7,000 per month effective January 1,
2024.

City of Orange Printed on 12/7/2023Page 1 of 3
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Item #: 3.17. 12/12/2023 File #: 23-0799
TERM January 1, 2024 through June 30, 2025
SALARIES 5.5% Across-the-Board Salary Increase
effective December 31, 2023.

Two (2) to three (3) hours Monday through
Friday, and three (3) to four (4) hours
Saturday, Sunday, Holidays, days where
the City closes services, and regular days
off.

HOLIDAY Increase Christmas Eve holiday from 4.5
hours to 9 hours, if it falls Monday through
Thursday.

BEREAVEMENT LEAVE Increase paid bereavement leave from
three (3) to five (5) days per incident, for
regular full-time employees.

CLOTHING REIMBURSEMENT Incorporate Public Works Maintenance Supervisor to list of classifications eligible
for clothing reimbursement allowance
effective July 1, 2024.

TOOLS Increase annual tool reimbursement
amount from $750 to $1,000 effective July
1, 2024.

LIFE INSURANCE Increase life insurance benefit from
$50,000 to $75,000 effective January 1,
2024.

LONG-TERM DISABILITY Increase salary cap from $5,000 per month to $7,000 per month effective January 1,
2024.

The Orange Management Association took this to a vote of their membership and ratified the tentative agreement on December 6, 2023. City Council approval is required to finalize this City of Orange Printed on 12/7/2023Page 2 of 3
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Item #: 3.17. 12/12/2023 File #: 23-0799
agreement in the form of a Memorandum of Understanding.

7. ATTACHMENTS
· Resolution No. 11512
City of Orange Printed on 12/7/2023Page 3 of 3
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402
Agenda Item
City Council
Item #: 3.17. 12/12/2023 File #: 23-0799
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director