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 or a duly authorized designee; provided, however, that the Department Head or a duly authorized designee 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 or a duly authorized designee will, as far as practicable, attempt to accommodate employee convenience to the degree possible in light of the operational requirements of the department.
SECTION 8. PREMIUM OVERTIME COMPENSATION. 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 a normal work 467
10 shift, and to jointly work with another employee who has been called back pursuant to Sections 12 or 14 herein, then such employee shall be entitled to premium overtime compensation (time and one-half).
SECTION 9. Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work.
SECTION 10. Whenever two (2) or more premium compensation (time and one -half) 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 (time and one-half) or overtime rates and only the higher applicable rate shall apply.
SECTION 11. When an employee is promoted to a higher classification not covered by this MOU, all compensatory time previously earned shall be paid in cash at the time of the promotion and at the employee's current rate of pay prior to promotion.
SECTION 12. CALLBACK PAY.
A. If, after completing a normal work shift, and after having left City premises and/or the employee's work location, an employee is required to be called back to work, the employee shall be compensated at the rate of one and one-half (1½) times the employee's equivalent hourly base rate for each hour compensated as callback. An employee shall be compensated for a minimum of two and one-half (2½) hours callback compensation or the equivalent time off at one and one-half (1½) times the actual hours worked, regardless of whether the employee actually works less than two and one -half (2½) hours. This provision applies even though an 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 14 below denotes compensation provided when an employee is eligible for both callback pay and standby pay.
B. If the return to work is scheduled at least twenty-four (24) hours prior, then the employee shall receive a minimum of two (2) hours of overtime. If the return to work is not scheduled at least twenty-four (24) hours prior, or unscheduled, then the employee shall receive the minimum two and one-half (2½) hours as noted above.
SECTION 13. 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, 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 14. CALLBACK PAY PLUS STANDBY PAY. Employees who are called back to work pursuant to Section 12 above, and who are assigned by Management to standby status after their regular work hours pursuant to Section 13 above, will receive two (2) hours per day (Mondays through Fridays) of standby pa y 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 of over two and one-half (2½) hours worked shall be paid at the straight time hourly rate. Actual call back hours worked pursuant to this section 468
11 shall count as time worked toward the forty (40) hours for qualifying for premium (time and one- half) overtime under Fair Labor Standards Act (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)
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 an employee's regularly scheduled day off during the week, except Christmas Eve, the employees' holiday bank 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 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 e mployee's accumulated vacation.
SECTION 5. COMPENSATION FOR HOURS WORKED ON OBSERVED CITY HOLIDAYS.
A. 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 469
12 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 Union employee required to work 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.
B. Employees who’s regularly scheduled day off falls on the holiday or day observed in lieu of the holiday as set forth in this Article shall receive nine (9) hours of compensatory holiday time. Such holiday time must be taken by the end of each fiscal year in which it was accumulated.
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.
Vacation should be taken annually and not accumulated from year to year, when possible.
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 in 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 the successful completion of an initial probationary 470
13 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 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 regular employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final vacation 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 in this section guarantees a specified number of hours per day or days per week or weeks per year or months per year of work to any City employee. 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. Entitlement to fringe benefits are based upon a proration of hours.
A. Regular part -time employees shall receive fringe benefits in proportion to the number of hours the employee is scheduled to work per the City’s approved budget, to the normal forty (40) hour week on an annual basis.
The annual schedule for all regular part-time employees shall be the schedule that is included in the City’s approved budget or a schedule that is designated by Management at the commencement of the employee's employment with the City.
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14 B. This proration shall apply to the following fringe benefits: 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 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, an 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 other 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 heath, life or disability plans, coverage may be continued during a leave of absence without pay, provided direct payment of the total premium is made by the employee 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 a leave of absence. If such additional leave is merited and wou ld still preserve the best interests of the City, the Human Resources Director may approve 472
15 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 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 request for said leave of absence may be terminated for falsifying a request 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 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 the period of actual 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.
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16 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 witne ss 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 laws, 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) is 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 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 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 of work 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 an absence caused by illness or injury of an employee 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 474
17 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 sick 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 (72 1- 960 hours). In lieu of receiving pay, 100% of the eligible accrued Sick Leave cashout value upon retirement shall be contributed into the employee’s Retirement Health Savings Plan (RHSP) account, in accordance with Article XVI, Section 5, below.
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.
J. Sick Leave Conversion.
1) Eligible employees with sick leave usage of 0.0 to 36.0 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 36.25 to 45.0 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 140 hours of sick leave available after conversion.
4) Sick leave used under FMLA shall not be counted towards an employee’s sick leave conversion to vacation total.
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, 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 475
18 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 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, 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 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 therefore 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 . Union 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 Leave. A Union employee shall be granted Temporary Disability in accordance with the current State Workers’ Compensation laws and regulations. When a Union 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 cour se 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.
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19 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 work 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 Feder al 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.
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 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 Plan Coverage 477
20 Continuation During Family/Medical Care Leave ; and the Fitness -for-Duty to Return from Leave (if applicable).
SECTION 9. CALIFORNIA STATE DISABILITY INSURANCE (SDI) LEAVE. Union 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 earne d 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 unable 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 if the employee is applying for SDI 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 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 Union prior to any change of insurance carrier or method of funding the coverage.
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21 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 1 to t he amount set by the CalPERS Board of Administration.
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 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 not to be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in the 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 the employee loses group medical insurance (with documentation) , the employee may re-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 479
22 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 DISABILITY INSURANCE . The City shall provide 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 Union.
A. In order to apply for SDI, a claim form must be obtained from EDD. The "Claim Statement of Employee" form must be completed by the employee and the employee’s doctor must complete the "Doctor's Certificate" section before the claim can be processed. The employee should be aware that if SDI 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 SDI, and sick leave balances will b e adjusted accordingly. The employee shall provide the Payroll with proof of any payments received pursuant to SDI.
B. When a claim is received, the SDI 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 (1st) 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 SDI benefit schedule.
Employees may request to go on leave without pay or supplement SDI without exhausting accruals first.
SECTION 5. RETIREMENT HEALTH SAVINGS PLAN (RHSP). The City established and approved a Retirement Health Savings Plan for employees covered by this MOU. The City will not contribute to this plan, as all contributions of the plan will be borne by the employees. All employees covered by this MOU are required to participate in the plan by converting the value of eligible accrued Sick Leave cashout value upon retirement from City service and entering CalPERS as a Retired Annuitant in accordance with Article XIV, Section 4H above.
ARTICLE XVII
EDUCATIONAL ASSISTANCE AND WELLNESS PROGRAM
SECTION 1. PROGRAM REQUIREMENTS. The City will reimburse employees for training costs associated with certifications and the cost of tuition, textbooks, health fees, and parking fees 480
23 required for approved community college and college courses. An approved course is one designated to directly improve the knowledge of the employee relative to the specific job, and must be approved by the Department Head and the Human Resources Director 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.
SECTION 2. PAYMENTS . Educational assistance payments to an employee shall not exceed $600.00 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 $300.00 of the $600.00 allotted per fiscal year for activities that aid in their professional development. Reimbursable activities include the following:
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 $600.00 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; 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.
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24 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 subject 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 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 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.
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25 SECTION 2. UNIFORMS. The City retains the absolute right to establish a uniform policy for any of its departments. All uniforms thus purchased shall remain the property of the City of Orange.
SECTION 3. WORK SHOE ALLOWANCE. Employees are required to wear safety shoes with steel toes while on duty. Inspection of the worksite will be made on a regular basis to ascertain compliance to the safety shoe program.
A. Allowance. The City shall contribute up to $450.00 on a fiscal year basis per employee toward a work shoe allowance. This amount shall increase to $500.00 effective July 1, 2024.
B. Applicability. The Work Shoe Allowance will be applicable towards the purchase of steel- toe safety boots (ANSI standards approved), arch supports, insoles and water conditioner.
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. CLOTHING REIMBURSEMENT ALLOWANCE.
A. Allowance. The City shall contribute up to $150 .00 on a fiscal year basis per employee toward clothing reimbursement allowance. This amount shall increase to $250.00 effective July 1, 2024. 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. Reimbursement Request. Employees may submit a request for reimbursement once per fiscal year.
C. Clothing. The City shall reimburse employees for the following articles of clothing which are to be worn on the job; blue work pants (including but not limited to blue jeans, Dickies, Red Kap), white crew socks, white walking socks, and two (2) pairs of shorts per year.
The following articles of clothing are not considered reimbursable clothing under this MOU: polo shirts, T -shirts, jackets, windbreakers, dress socks, dress slacks, and other types of clothing not specifically reimbursable under the above guidelines.
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 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 designed to provide a period of relaxation and/or nutrition during each half 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.
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26 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, 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 Administrative Policy Number 4.13.
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27 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 Union 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 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.
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.
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.
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28 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 Union.
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 on a significant number of employees of the Union, the City agrees to meet and confer in good faith with representatives of the Union 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 Union 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. UNION DEDUCTIONS. The City shall deduct Union 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 Union. The total amount of deduction shall be remitted by the City to the Union within ten (10) calendar days of each applicable payday.
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29 SECTION 2. INDEMNIFICATION. The Union agrees to hold the City harmless and indemnify the City against any claim s, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Union, except the intentional failure of the City to transmit to the Unions monies deducted from the employees , pursuant to this Article or caused by the Union’s negligence. The Union shall notify the City within ten (10) calendar days of any discrepancy concerning Union dues or other payroll deductions pursuant to this Article. If the Union 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 Union with a list of any new hires into the bargaining group within thirty (30) days of receipt of a request for such list by the Union.
SECTION 4. BULLETIN BOARDS. The Union shall have the right to use bulletin boards on City premises for the purpose of posting announcements and Union information. The City will furnish bulletin board space on one (1) existing bulletin board to be selected by the Union at each location where there are five (5) or more employees. The bulletin boards shall be used for the following subjects only:
A. Recreational, social, and related Union news bulletins.
B. Scheduled Union meetings.
C. Information concerning Union elections and the results thereof.
D. Reports of official Union business, including Union 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 Union 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.
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 Union 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. 487
30 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 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 th is Section shall automatically move the grievance to the next level in the Grievance Procedure. The grieving party may request the assistance of the Union 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 procedur e 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, a nd 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.
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 ten (10) 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, for determination. Failure of the grievant to take this action will constitute a waiver and ba r 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, the Union, 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.
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31 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/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 acti on 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) 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 489
32 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 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 UNION CONDUCT. The Union, 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 Union fails, in good faith, to perform all responsibilities listed in Section 5 below, the Union Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Union under the Employer-Employee Relations Resolution and this MOU, including, but not limited to, suspension of recognition of the Union, grievance procedure, right of access, the use of the City's bulletin boards, and facilities.
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33 SECTION 5. UNION RESPONSIBILITY.
A. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, the Union or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU, and they should immediately cease engaging in conduct prohibited in Section 1 above, and return to work.
B. If the Union 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
UNION REPRESENTATIVES
SECTION 1. The City agrees to recognize the five (5) representatives selected by the Union.
SECTION 2. The Union agrees to limit to three (3) the number of employee representatives plus any paid Union consultants as meet and confer representatives.
SECTION 3. The Union shall have the responsibility to notify the City, in writing, of the names of its duly authorized representatives. The City shall have no obligation to recognize or deal with any employee as a representative unless on the designated representative list.
SECTION 4. Employee representatives shall not log compensatory time, overtime, or any other premium (time and one-half) pay for time spent performing any function as a representative.
SECTION 5. The Union representatives shall be allowed to use City available facilities to hold meetings. In addition, each representative shall be allowed nine (9) hours per fiscal year of City time for the purpose of attending representatives' meetings. The Union will make advanced notification to a designated management representative as to the time and date of such meetings and names of persons attending on release time.
ARTICLE XXVIII
LAYOFF PROCEDURE
When a layoff or reduction in force is necessary, the layoff procedures set forth in Resolution No. 8179, 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.
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34 SECTION 2. SCOPE. All Union 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 Union 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).
For purposes of this procedure, the Water Division will be considered a department.
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.
Reports containing significant, negative written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur. Only those reviews forwarded to the Human Resources Department for inclusion in the official personnel file will be considered.
A single negative disciplinary action will not reduce the employee's seniority.
However, additional disciplinary actions will reduce the employee's seniority by two (2) years for each additional occurrence, for a possible reduction of six (6) years. If denial of a merit increase and extension of a probationary period occur at the same time, they will be considered as one disciplinary action.
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35 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 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.
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 or a duly authorized designee 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.
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 classification series;
b) Employee meets or can reasonably meet qualifications for the new position as determined by the Human Resources Director or can 493
36 reasonably meet the qualifications within one (1) month following appointment;
c) Posses greater seniority to displace a lower level worker; d) Request in writing a demotion 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 rehired). Vacancies the department desires to fill will be offered first to eligibles on the departmental reemployment 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 rehire, 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 rehire 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 rehired, employee names are removed from all reemployment lists.
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, martial 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.
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.
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37 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 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 Union 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.
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38 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 Union acknowledge that this MOU shall not be in full force and effect until ratified by the Union 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 Union and entered into this 12th day of December 2023.
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39 City of Orange International Brotherhood of Electrical Workers Local 47
Dated: Dated:
By: By:
Monica Espinoza, Human Resources Director Al Contreras, Water Plant Operator II
By: By:
Trang Nguyen, Finance Director Shawn Donnelly, Water Maint. Leadworker
By: By:
Cody Kleen, Human Resources Manager Jack Haug, Skilled Maint. Worker - Water
By:
Hector Medina, Water Maint. Leadworker
By:
Joshua Borden, Skilled Maint. Worker - Water
By:
Colin Lavin, IBEW Local 47
Business Manager
By:
Dick Reed, IBEW Local 47
Assistant Business Manager
By:
Mike Clark, IBEW Local 47
Business Representative
APPROVED AS TO FORM:
By:
Nathalie Adourian, Senior Assistant City Attorney
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40 APPENDIX A
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47
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
Senior Water Meter Service Wkr 515 4653 4890 5140 5402 5677 5967 Skilled Maintenance Wkr -Water 512 4583 4818 5063 5322 5594 5878 Water Maintenance Leadworker 532 5065 5323 5595 5880 6180 6495 Water Maintenance Worker I 473 3773 3966 4168 4381 4605 4839 Water Maintenance Worker II 493 4170 4382 4606 4841 5087 5347 Water Meter Service Worker I 481 3927 4128 4338 4559 4792 5036 Water Meter Service Worker II 501 4339 4561 4793 5038 5295 5565 Water Plant Operator I 506 4449 4675 4914 5165 5428 5705 Water Plant Operator II 526 4916 5166 5430 5707 5998 6303 Water Yard Storekeeper 503 4383 4606 4841 5088 5348 5620
EFFECTIVE DECEMBER 31, 2023
3.0% Across-the-Board Salary Increase; Plus Inequity Increases of 7.5% or 10.0%
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Senior Water Meter Service Wkr 536 5167 5430 5707 5998 6304 6626 Skilled Maintenance Wkr -Water 533 5090 5350 5623 5909 6211 6527 Water Maintenance Leadworker 553 5624 5911 6212 6529 6862 7212 Water Maintenance Worker I 494 4191 4404 4629 4865 5112 5374 Water Maintenance Worker II 514 4629 4866 5114 5375 5650 5937 Water Meter Service Worker I 502 4361 4584 4817 5063 5321 5593 Water Meter Service Worker II 522 4818 5064 5322 5594 5879 6179 Water Plant Operator I 532 5065 5323 5595 5880 6180 6495 Water Plant Operator II 552 5596 5882 6181 6497 6828 7176 Water Yard Storekeeper 524 4867 5115 5376 5650 5938 6241
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Agenda Item
City Council
Item #: 3.19. 12/12/2023 File #: 23-0817
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director
1. SUBJECT
Amend the Citywide Pay Schedule in accordance with the requirements of California Code of Regulations, Title 2 Section 570.5. Resolution No. 11514.
2. SUMMARY
Per the California Code of Regulations, Title 2, Section 570.5, the City must abide by the California Government Code when establishing and reporting compensation for its employees. The pay schedule must meet the following requirements: must be duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws, identifies the position title of every employee position, shows the pay rate for each position, indicates the time base for each pay rate, is posted at the office of the employer or immediately accessible for public review during normal business hours or posted on the employer’sinternet website, indicates an effective date and date of any revisions, is retained by the employer and available for public inspection for a period not less than five years, and does not reference another document in lieu of disclosing the pay rate. The last amendment to the Citywide Pay Schedule was effective July 16, 2023, via Resolution No. 11481.
3. RECOMMENDED ACTION
Adopt Resolution No. 11514. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11481 and amending the Citywide Pay Schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.
4. FISCAL IMPACT
None
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
The City Council previously approved various Resolutions that address classification, compensation, City of Orange Printed on 12/7/2023Page 1 of 2
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and terms of employment with various groups. These include:
· Resolution No. 11503 relating to the classification, compensation, and terms of employment for Part-Time and Limited Duration Employees of the City of Orange with an effective date of December 3, 2023
· Resolution No. 11510 between the City of Orange and the Orange Maintenance and Crafts Employees’ Association with a salary adjustment effective December 31, 2023 · Resolution No. 11511 between the City of Orange and the Orange Municipal Employees’ Association with a salary adjustment effective December 31, 2023 · Resolution No. 11512 between the City of Orange and the Orange Management Association with a salary adjustment effective December 31, 2023 · Resolution No. 11513 between the City of Orange and the International Brotherhood of Electrical Workers Local # 47 with a salary adjustment effective December 31, 2023 All salary adjustments included in the Resolutions above have been incorporated into the attached Salary Schedule.
7. ATTACHMENTS
· Resolution No. 11514
City of Orange Printed on 12/7/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.19. 12/12/2023 File #: 23-0817
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director
1. SUBJECT
Amend the Citywide Pay Schedule in accordance with the requirements of California Code of Regulations, Title 2 Section 570.5. Resolution No. 11514.
2. SUMMARY
Per the California Code of Regulations, Title 2, Section 570.5, the City must abide by the California Government Code when establishing and reporting compensation for its employees. The pay schedule must meet the following requirements: must be duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws, identifies the position title of every employee position, shows the pay rate for each position, indicates the time base for each pay rate, is posted at the office of the employer or immediately accessible for public review during normal business hours or posted on the employer’sinternet website, indicates an effective date and date of any revisions, is retained by the employer and available for public inspection for a period not less than five years, and does not reference another document in lieu of disclosing the pay rate. The last amendment to the Citywide Pay Schedule was effective July 16, 2023, via Resolution No. 11481.
3. RECOMMENDED ACTION
Adopt Resolution No. 11514. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11481 and amending the Citywide Pay Schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.
4. FISCAL IMPACT
None
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
The City Council previously approved various Resolutions that address classification, compensation, City of Orange Printed on 12/7/2023Page 1 of 2
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and terms of employment with various groups. These include:
· Resolution No. 11503 relating to the classification, compensation, and terms of employment for Part-Time and Limited Duration Employees of the City of Orange with an effective date of December 3, 2023
· Resolution No. 11510 between the City of Orange and the Orange Maintenance and Crafts Employees’ Association with a salary adjustment effective December 31, 2023 · Resolution No. 11511 between the City of Orange and the Orange Municipal Employees’ Association with a salary adjustment effective December 31, 2023 · Resolution No. 11512 between the City of Orange and the Orange Management Association with a salary adjustment effective December 31, 2023 · Resolution No. 11513 between the City of Orange and the International Brotherhood of Electrical Workers Local # 47 with a salary adjustment effective December 31, 2023 All salary adjustments included in the Resolutions above have been incorporated into the attached Salary Schedule.
7. ATTACHMENTS
· Resolution No. 11514
City of Orange Printed on 12/7/2023Page 2 of 2
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RESOLUTION NO. 11514
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RESCINDING RESOLUTION
NO. 11481 AND AMENDING THE CITYWIDE PAY
SCHEDULE IN ACCORDANCE WITH THE
REQUIREMENTS OF CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the City of Orange, (“City”), contracts with the California Public Employees’ Retirement System to provide retirement benefits for its employees; and
WHEREAS, per California Code of Regulations, Title 2, Section 570.5 (“Regulation 570.5”), the amount of “compensation earnable” pursuant to the Government Code is limited to the payrate listed on a pay schedule that meets certain requirements; and
WHEREAS, the attached Citywide Pay Schedule meets the following requirements of Regulation 570.5: (1) is duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws; (2) identifies the position title of every employee; (3) shows the pay rate for each position; (4) indicates the time base for each pay rate; (5) is posted at the office of the employer or immediately accessible for public review during normal business hours or posted on the employer’s internet website; (6) indicates an effective date and date of any revisions; (7) is retained by the employer and available for public inspection for a period not less than five years; and (8) does not reference another document in lieu of disclosing the pay rate; and
WHEREAS, on November 24, 2023 , the City Council approved Resolution No. 11503 relating to the classification, compensation, and terms or employment of Part -Time and Limited Duration Employees, effective December 3, 2023; and
WHEREAS, on December 12, 2023, the City Council approved Memoranda of Understanding with the City’s four miscellaneous groups with a scheduled across-the-board salary increases effective of December 31, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Resolution No. 11481 is here by rescinded and the attached revised Citywide Pay Schedules are approved and incorporated.
ADOPTED this ____ day of ____________________, 2023
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
503
2 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 12th day of December 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
Attachments:
Attachment A - Citywide Pay Schedule – December 31, 2023
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Agenda Item
City Council
Item #: 4.1. 12/12/2023 File #: 23-0804
TO: Members of the City Council
FROM: Mayor Dan Slater
1. SUBJECT
Appointment of City Councilmembers to Regional Boards and Committees.
2. SUMMARY
There are no recommended changes to current Councilmember appointments to regional boards and committees. A list of current appointments is attached. All terms are for one year otherwise noted.
Pursuant to FPPC Regulation 18702.5, Form 806 has been posted to the City’s website.
3. RECOMMENDED ACTION
Confirm City Councilmember appointments to regional boards and committees as listed on the attachment.
4. ATTACHMENTS
· Councilmember appointments to City Regional Boards and Committees City of Orange Printed on 12/6/2023Page 1 of 1
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Agenda Item
City Council
Item #: 4.1. 12/12/2023 File #: 23-0804
TO: Members of the City Council
FROM: Mayor Dan Slater
1. SUBJECT
Appointment of City Councilmembers to Regional Boards and Committees.
2. SUMMARY
There are no recommended changes to current Councilmember appointments to regional boards and committees. A list of current appointments is attached. All terms are for one year otherwise noted.
Pursuant to FPPC Regulation 18702.5, Form 806 has been posted to the City’s website.
3. RECOMMENDED ACTION
Confirm City Councilmember appointments to regional boards and committees as listed on the attachment.
4. ATTACHMENTS
· Councilmember appointments to City Regional Boards and Committees City of Orange Printed on 12/6/2023Page 1 of 1
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Council Appointments to City Committees and Regional Boards (Terms are for 1 year unless otherwise noted.)
BOARD/COMMITTEE/COMMISSION Term Current Member Alternate Orange City/Schools Coordinating Committee 1 year Gutierrez Tavoularis Foothill Eastern TCA (Tollroad)** 1 year Bilodeau Tavoularis North Net Fire Training (Joint Powers Authority) 1 year Dumitru Tavoularis Orange County Transportation Authority (OCTA)** Term began January 2023
and expires
12-31-2024
Dumitru (appointed by City
Selection Committee)
N/A
Orange County Sanitation District** 1 year Dumitru Gyllenhammer Orange County Mosquito and Vector Control** Term expires 1-5-2026*
Dumitru N/A
Orange Elderly Services (Senior Center) 1 year Tavoularis Gutierrez Santa Ana Flood Protection Agency 1 year Bilodeau Gutierrez *2-year term (appointed by Council on 11/14/23)
**Members receive a stipend and are listed on the City’s Form 806 512
Agenda Item
City Council
Item #: 7.1. 12/12/2023 File #: 23-0805
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Establishment of Permit Parking Area “AA,”to be comprised of both sides of Ryals Lane from the west city limit to Bobwhite Way, both sides of Bobwhite Way between Ryals and Partridge Lanes, and both sides of the 200 block of Renee Street. Resolution No. 11508.
2. SUMMARY
A request for permit parking was evaluated in accordance with the City’s Neighborhood Permit Parking Program. The proposal received adequate support from the affected property owners and was approved by the City Traffic Commission. If approved, the affected streets would establish Permit Parking Area “AA.”
3. RECOMMENDED ACTION
1. Approve Permit Parking for both sides of Ryals Lane from the west city limit to Bobwhite Way, both sides of Bobwhite Way between Ryals and Partridge Lanes, and both sides of the 200 block of Renee Street.
2. Adopt Resolution No. 11508. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange.
4. FISCAL IMPACT
None
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community.
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
Background
A resident of Ryals Lane submitted a request to initiate the process for permit parking on a total of six streets in the neighborhood (as depicted in the Study Area Map attached): Ryals Lane, Renee Street, Thora Street, Sandpiper Circle, Bobwhite Way, and Avenida Palmar. In accordance with the City’s Neighborhood Permit Parking Program (NPPP), staff performed an initial screening of the proposed study area to determine the following:
1. Whether a street is eligible to be considered for permit parking; and
2. If so, does said street lie within a city-defined permit parking area (Area “A”or any of the five- City of Orange Printed on 12/7/2023Page 1 of 3
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2. If so, does said street lie within a city-defined permit parking area (Area “A”or any of the five- permit parking “opportunity areas”) with streamlined procedures.
Because each of the above streets are eligible for permit parking and outside of a city-defined permit parking area, minimum levels of parking occupancy and property owner support must be met to recommend permit parking. Both are discussed below.
Parking Occupancy Study
Staff mapped and counted the number of legal parking spaces for each of the six streets in the study area. The proponent provided staff with the days and times when parking demand in the neighborhood was believed to be at its highest. Staff then conducted the parking observations during those reported hours. Per the City’s adopted NPPP, a street parking occupancy rate of 75% is required to qualify for permit parking. Ryals Lane and the 200 block of Renee Street were the only streets in the neighborhood to exceed the 75% threshold, with average parking occupancy of 77% and 76%, respectively. For purposes of the occupancy study and petition, the portion of Bobwhite Way south of Partridge Lane was considered a part of Ryals Lane. This is because, despite the name change, that segment of Bobwhite Way is physically part of the easternmost block of Ryals Lane.
The remainder of the streets in the study area failed to meet the 75% parking occupancy threshold as follows:
· Bobwhite Way (28%)
· Thora Street (12%)
· Sandpiper Circle (33%)
· Avenida Palmar from west city limits to Thora Street (50%) · Avenida Palmar from Thora Street to Cannon Street (7%) Petition Results
With parking occupancy exceeding the minimum 75% threshold on Ryals Lane and Renee Street, a petition was circulated to only those residents (the other streets were not included). A petition letter, along with a list of permit parking advantages and disadvantages, was sent to each owner of the properties on the candidate streets. The final results of the petition process indicated that Ryals Lane and Renee Street have a combined 79.5% of property owners in favor of the permit parking program, which exceeds the minimum 75% required.
Findings
Staff has documented consistently high demand for on-street parking on Ryals Lane and Renee Street that becomes progressively greater through the evening hours. The level of parking demand exceeds the minimum requirements under the policies of the NPPP. Therefore, permit parking is recommended on the aforementioned streets. However, the following should be kept in mind:
1. Under the August 2022 NPPP Guidelines, property owners on any adjacent street experiencing spillover may request permit parking within a year without having to pay the City of Orange Printed on 12/7/2023Page 2 of 3
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experiencing spillover may request permit parking within a year without having to pay the application fee. Parking occupancy, petition thresholds, and other program requirements in effect at the time would still apply.
2. Any vehicle parked in a designated parking-by-permit area without a permit is subject to citation. Furthermore, parking permits do not supersede the street sweeping restrictions in the neighborhood.
7. ATTACHMENTS
· October 11, 2023, CTC Staff Report
· October 11, 2023, Draft CTC Minutes
· Notification Letter
· Study Area Map
· Petition Area Map
· NPPP Implementation Policy Update 2022
· Resolution No. 11508
City of Orange Printed on 12/7/2023Page 3 of 3
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Agenda Item
City Council
Item #: 7.1. 12/12/2023 File #: 23-0805
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Establishment of Permit Parking Area “AA,”to be comprised of both sides of Ryals Lane from the west city limit to Bobwhite Way, both sides of Bobwhite Way between Ryals and Partridge Lanes, and both sides of the 200 block of Renee Street. Resolution No. 11508.
2. SUMMARY
A request for permit parking was evaluated in accordance with the City’s Neighborhood Permit Parking Program. The proposal received adequate support from the affected property owners and was approved by the City Traffic Commission. If approved, the affected streets would establish Permit Parking Area “AA.”
3. RECOMMENDED ACTION
1. Approve Permit Parking for both sides of Ryals Lane from the west city limit to Bobwhite Way, both sides of Bobwhite Way between Ryals and Partridge Lanes, and both sides of the 200 block of Renee Street.
2. Adopt Resolution No. 11508. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange.
4. FISCAL IMPACT
None
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community.
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
Background
A resident of Ryals Lane submitted a request to initiate the process for permit parking on a total of six streets in the neighborhood (as depicted in the Study Area Map attached): Ryals Lane, Renee Street, Thora Street, Sandpiper Circle, Bobwhite Way, and Avenida Palmar. In accordance with the City’s Neighborhood Permit Parking Program (NPPP), staff performed an initial screening of the proposed study area to determine the following:
1. Whether a street is eligible to be considered for permit parking; and
2. If so, does said street lie within a city-defined permit parking area (Area “A”or any of the five- City of Orange Printed on 12/7/2023Page 1 of 3
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2. If so, does said street lie within a city-defined permit parking area (Area “A”or any of the five- permit parking “opportunity areas”) with streamlined procedures.
Because each of the above streets are eligible for permit parking and outside of a city-defined permit parking area, minimum levels of parking occupancy and property owner support must be met to recommend permit parking. Both are discussed below.
Parking Occupancy Study
Staff mapped and counted the number of legal parking spaces for each of the six streets in the study area. The proponent provided staff with the days and times when parking demand in the neighborhood was believed to be at its highest. Staff then conducted the parking observations during those reported hours. Per the City’s adopted NPPP, a street parking occupancy rate of 75% is required to qualify for permit parking. Ryals Lane and the 200 block of Renee Street were the only streets in the neighborhood to exceed the 75% threshold, with average parking occupancy of 77% and 76%, respectively. For purposes of the occupancy study and petition, the portion of Bobwhite Way south of Partridge Lane was considered a part of Ryals Lane. This is because, despite the name change, that segment of Bobwhite Way is physically part of the easternmost block of Ryals Lane.
The remainder of the streets in the study area failed to meet the 75% parking occupancy threshold as follows:
· Bobwhite Way (28%)
· Thora Street (12%)
· Sandpiper Circle (33%)
· Avenida Palmar from west city limits to Thora Street (50%) · Avenida Palmar from Thora Street to Cannon Street (7%) Petition Results
With parking occupancy exceeding the minimum 75% threshold on Ryals Lane and Renee Street, a petition was circulated to only those residents (the other streets were not included). A petition letter, along with a list of permit parking advantages and disadvantages, was sent to each owner of the properties on the candidate streets. The final results of the petition process indicated that Ryals Lane and Renee Street have a combined 79.5% of property owners in favor of the permit parking program, which exceeds the minimum 75% required.
Findings
Staff has documented consistently high demand for on-street parking on Ryals Lane and Renee Street that becomes progressively greater through the evening hours. The level of parking demand exceeds the minimum requirements under the policies of the NPPP. Therefore, permit parking is recommended on the aforementioned streets. However, the following should be kept in mind:
1. Under the August 2022 NPPP Guidelines, property owners on any adjacent street experiencing spillover may request permit parking within a year without having to pay the City of Orange Printed on 12/7/2023Page 2 of 3
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experiencing spillover may request permit parking within a year without having to pay the application fee. Parking occupancy, petition thresholds, and other program requirements in effect at the time would still apply.
2. Any vehicle parked in a designated parking-by-permit area without a permit is subject to citation. Furthermore, parking permits do not supersede the street sweeping restrictions in the neighborhood.
7. ATTACHMENTS
· October 11, 2023, CTC Staff Report
· October 11, 2023, Draft CTC Minutes
· Notification Letter
· Study Area Map
· Petition Area Map
· NPPP Implementation Policy Update 2022
· Resolution No. 11508
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City of Orange
City Traffic Commission
October 11, 2023
MINUTES - DRAFT
The Traffic Commission of the City of Orange, California convened on October 11, 2023, at 5:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
1. OPENING/CALL TO ORDER
Chair Feliz called the meeting to order at 5:30 p.m.
1.1 PLEDGE OF ALLEGIANCE
Commissioner Tran led the flag salute.
1.2 ROLL CALL
Present: Ricci, Dick, Barbeito, Hamilton, Tran, Jurjis, and Feliz
Absent: None
2. PUBLIC COMMENT
None.
3. APPROVAL OF MINUTES
3.1. Approval of minutes of the City of Orange Traffic Commission Regular Meeting held on August 9, 2023.
A motion was made by Commissioner Barbeito, seconded by Commissioner Jurjis, to approve minutes as presented. The motion carried by the following vote:
Ricci, Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
4. NEW BUSINESS
4.1. Request for disabled parking (blue curb) in the vicinity of 1845 E. Palmyra Avenue.
A motion was made by Commissioner Dick, seconded by Vice Chair Ricci, to 1) approve the installation of approximately 22 feet of blue and 7 feet of red curb on Palmyra Avenue, conditioned upon the proponent installing a 4-foot-wide concrete landing area within 60 days and conditioned upon the relocation of a parkway tree 2) authorize staff to extend the 60-day requirement if the applicant is making a good faith effort to construct the landing but is encountering hardship beyond their control. The motion carried as follows:
Draft
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City Traffic Commission Minutes - Draft October 11, 2023 Ricci, Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
Vice Chair Ricci recused himself from Item 4.2 and Item 4.3 due to a conflict of interest with employment and left the dais at 5:40 p.m.
4.2. Request for time -limited parking on the west side of Cypress Street south of Maple Avenue and adjacent to the Hilbert Museum. Resolution No. TC 01-2023 A motion was made by Commissioner Jurjis, seconded by Commissioner Tran, to 1) approve the establishment of a 2-hour parking zone on the west side of Cypress Street south of Maple Avenue, along the Hilbert Museum's approximately 286-foot frontage and 2) authorize staff to modify the time limit, from 2 hours to 3 hours, and 3) adopt amended Resolution No. TC 01-2023, with removal of "if requested by the Chapman University within one year" from the title and last "whereas." A Resolution of the Traffic Commission of the City of Orange for the establishment of a 2-hour parking zone on the west side of Cypress Street south of Maple Avenue, along the Hilbert Museum's approximately 286-foot frontage and to authorize city staff to modify the time limit, from 2 hours to 3 hours. The motion carried by the following vote:
Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
RicciRecuse:
4.3. Time-limited parking on the east side of Citrus Street south of Chapman Avenue, adjacent to the commercial building at 940 W. Chapman Avenue. Resolution No .
TC 02-2023.
A motion was made by Commissioner Jurjis, seconded by Chair Feliz, to 1) approve the installation of 1-hour parking on the east side of Citrus Street south of Chapman Avenue, adjacent to 940 W. Chapman Avenue and 2) adopt Resolution No. TC 02-2023 A Resolution of the Traffic Commission of the City of Orange for the installation of 1-hour parking on the east side of Citrus Street south of Chapman Avenue, adjacent to 940 W. Chapman Avenue. The motion carried by the following vote:
Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
RicciRecuse:
Vice Chair Ricci returned to the dais at 5:49 p.m.
4.4. Request for the implementation of “No Parking 7AM to 9AM School Days” on the south side of Walnut Avenue between Rancho Santiago Boulevard and Noble Street.
Public Speakers
The following spoke in support:
Victor Juan
Jennifer Sloan
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City Traffic Commission Minutes - Draft October 11, 2023 The following spoke in opposition:
Sam Jamie
Tuan Nguyen
A motion was made by Commissioner Dick, seconded by Commissioner Barbeito, to approve the installation of "No Parking 7 AM to 9 AM School Days Only" on the south side of Walnut Avenue between Rancho Santiago Boulevard and Noble Street .The motion carried by the following vote:
Ricci, Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
4.5. Proposed extension of no parking zone on the northeast corner of Briardale Avenue and Shattuck Place.
Public Speakers
Bill Chavez spoke in support.
A motion was made by Vice Chair Ricci, seconded by Commissioner Tran to, approve a 55-foot extension of the existing no parking zone on the north side of Briardale Avenue east of Shattuck Place.
Ricci, Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
4.6. Request to Implement a Neighborhood Parking Permit Program on portions of Ryals Lane, Bob White Way and Renee Street.
Public Speakers
Kambiz Fouladian expressed concerns and requested to be included in the permitting area.
Lorena Hopp spoke in support.
A motion was made by Commissioner Jurjis, seconded by Commissioner Dick, to 1) approve permit parking on the following streets: a) both sides of both sides of Ryals Lane from the West City Limit to Bob White Way; b) east side of Bob White Way between Ryals and Partridge Lanes; c) both sides of the 200 Block of Renee Street and 2) forward to the City Council for final approval. The motion carried by the following vote.
Ricci, Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
4.7. Request for Permit Parking in Permit Parking Opportunity Area 5.
Public Speakers
Karen Ouellet spoke in support.
Ben Figueroa spoke in support and requested to include Lindenholz Street south of Del Mar Avenue in the permitting area.
A motion was made by Chair Feliz, seconded by Commissioner Hamilton, to 1)
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City Traffic Commission Minutes - Draft October 11, 2023 approve the implementation of permit parking on both sides of Lindenholz Street between Del Mar Avenue and the northerly terminus and 2) forward to the City Council for final action. The motion carried by the following vote:
Ricci, Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
4.8. Request for Permit Parking in Permit Parking Opportunity Area 1.
Public Speakers
Ulises Lopez spoke in opposition.
A motion was made by Commissioner Dick, seconded by Vice Chair Ricci, to 1) approve the implementation of permit parking on both sides of Bedford Road between Culver and La Veta Avenues and 2) forward to the City Council for final approval. The motion carried by the following vote.
Ricci, Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
4.9. Request for Permit Parking in Permit Parking Opportunity Area 3.
Public Comments
Mignon Mitchell spoke in opposition.
A motion was made by Vice Chair Ricci, seconded by Commissioner Tran, to 1) approve the implementation of permit parking on: a) Mount Vernon Avenue between Wayfield Street and Le May Court; b) Park Lane between Mount Vernon and Sycamore Avenues; c) Martha Avenue east of Park Lane; d) Sycamore Avenue between Wayfield and Highland Streets; e) Highland Street between Sycamore Avenue and south terminus; 2) forward to the City Council for final approval .The motion carried by the following vote:
Ricci, Dick, Barbeito, Hamilton, Tran, Jurjis, and FelizAyes:
NoneNoes:
NoneAbsent:
5. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:31 p.m.
The next Regular Traffic Commission meeting will be held on Wednesday, December 13, 2023 at 5:30 p.m., in the Council Chamber.
/s/ ____ _ _________
LARRY TAY
CITY TRAFFIC ENGINEER
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City Traffic Commission Minutes - Draft October 11, 2023
Draft
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535
536
NEIGHBORHOOD PARKING PERMIT PROGRAM
IMPLEMENTATION POLICY
APPROVED BY CITY COUNCIL
August 9, 2022
1 Note: The Neighborhood Parking Permit Policy below does not apply to area “A”
• The program to mitigate the int rusion of college -oriented, commercial, institutional, multi - family residential (more than two units) or other long -term vehicular parking on streets in residential areas to assure that local residents and their guests have convenient parking on streets in proximity to their homes shall be referred to as the Neighborhood Parking Permit Program.
• Permit Parking shall only be permitted in single-family residential areas, where the problem is ongoing, and it is determined that the permit parking is the only solution. Only single- family residences and duplexes (two units on one lot) are qualified for this program.
• The Traffic Engineering Division shall determine the boundaries of the permit area for each request.
• Since Permit Parking Areas benefit certain residents, and not the general public, a “Permit Parking Program Application Fee” $1,000 shall be paid by the proponent(s) of each new or additional permit area, for consideration of the implementation of permit parking. (This could also be implemented with a $500 deposit and an additional $500 when the petition is issued.) (Exception: If within one year of implementing a new permit parking area there is spillover onto adjacent streets(s), a property owner o n the affected street(s) may request expansion of that permit parking area. Such requests shall be exempt from the application fee but would need to meet the parking study and petition requirements.)
• The neighborhood parking permit areas that are adjacent to a K-12 school shall not be enforced during the school A.M. drop-off (from 7:30 am to 8:30 am) and P.M. pick-up time (from 1:30 pm to 3:00 pm) on days school is in session.
• Implement restricted hours for permit parking enforcement on an as-needed basis to address Recreational Intrusions and Business Intrusions. The intent of this policy change is to maximize the benefits of permit parking to t he applicant neighborhood while minimizing impacts to adjacent property use to balance parking need with quality of lifestyle.
o Institutional Intrusions (Universities, hospitals) shall remain 24/7/365.
o Recreational Intrusions (Parks, Schools and Sports Complexes) shall be enforced from 8:00 a.m. to 8:00 p.m. or as otherwise approved.
o Business Intrusions (Commercial Businesses) shall be enforced Monday through Friday 7:00 a.m. to 5:00 p.m. or as otherwise approved.
537
NEIGHBORHOOD PARKING PERMIT PROGRAM
IMPLEMENTATION POLICY
APPROVED BY CITY COUNCIL
August 9, 2022
2 • Implementation of Permit Parking Program areas will only be considered when the following are satisfied:
1. The area must abut an institutional, residential apartment, commercial or industrial use which is generating the parking intrusion.
2. A minimum of 75% of the area residents must sign the petition in favor.
3. Any identified problem must be on-going, not occasional or temporary.
4. To demonstrate a need, 75% of the available on-street space in a proposed permit area must be occupied during the perceived problem times. Staff, through consultation with the applicant, shall determine appropriate dates and times for conducting the parking occupancy study. Up to three observations may be performed, at the discretion of the Traffic Engineering Division
5. Staff must see evidence that required off street parking is being utilized. • Program shall not be approved to attempt to solve social problems that should be addressed through other means, such as Police or Code Enforcement.
• Program shall not be approved if the identified parking problems can be mitigated by less restrictive parking control measures. Council directs staff to identify the least restrictive permit hours to achieve the desired results.
• If recommended for approval by the City Traffic Commission, the Commission will direct the Traffic Engineering Division to prepare a resolution for adoption by the City Council.
• Number of permits per household (single family residence) shall be limited to 5 permits including guest permits. The total numb er of permits shall not exceed 5 per household. (Updated 6/12/18 per City Council)
• Number of permits for each unit of a duplex shall be limited to 2 permits (for registered vehicles only), plus 2 guest permits. The total of permits shall not exceed 4 permits per unit.
• Permits cost $30 per household and are valid for 3 years. Permits are non-transferable and are invalid if the registered permittee moves from the household. (Updated 6/12/18 per City Council)
• Single day event guest permit (up to maximum of 20) are available 4 times per year at no cost to a resident.
538
NEIGHBORHOOD PARKING PERMIT PROGRAM
IMPLEMENTATION POLICY
APPROVED BY CITY COUNCIL
August 9, 2022
3 • To minimize sign pollution, permit parking area shall be identified by area posting wherever possible.
• The City Council may, at its discretion, create city -defined permit parking “opportunity” areas in locations with high parking demand potential . Residents within the boundaries of such areas can opt into permit parking on a block -by-block basis, similar to Area “A”.
Requests in these areas shall be processed in a streamlined manner similar to Area “A ” requests, with no application fee, no parking study, and minimum 55% support of the affected residents.
The City Manager/or his designee shall have the authority to suspend enforcement of neighborhood parking permit enforcement on a case-by-case basis for special requests.
539
RESOLUTION NO. 11508
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTING A REVISED
MASTER RESOLUTION OF DESIGNATED
PERMIT PARKING AREAS WITHIN THE CITY
OF ORANGE
WHEREAS, pursuant to California Vehicle Code Section 22507, local authorities may generally prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and
WHEREAS, local authorities may also include a designation of certain streets upon which preferential parking privileges are established with a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution; and
WHEREAS, pursuant to the authority provided by the California Vehicle Code, the City Council of the City of Orange codified Chapter 10.30 of the Orange Municipal Code generally establishing parking requirements for the City of Orange; and
WHEREAS, Section 10.30.040 specifically establishes the Neighborhood Parking Permit Program designating portions of certain public streets for permit-parking and explicitly authorizes the City Council of the City of Orange to add , remove or modify designated areas within the Neighborhood Permit Parking Program by resolution; and
WHEREAS, the creation of a “Master Resolution” containing all the permit parking areas in a single document eliminates the need to potentially revise multiple resolutions when an area is added, deleted, or modified within the Neighborhood Permit Parking Program; and
WHEREAS, the City Council of the City of Orange most recently adopted said Master Resolution on November 14th , 2023 (Resolution No. 11500), containing a list of all permit parking areas within the City; and
WHEREAS, staff now recommends designating and adding Parking Permit Area “AA” to the Master Resolution of Permit Parking Areas within the City of Orange; and
WHEREAS, accordingly, the City Council desires to rescind Resolution No. 11 500 and replace it with a revised Resolution containing all areas designated for permit -parking, adding Parking Permit Area “ AA” as further described in Section II of this Resolution and further contained in the attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Orange does resolve as follows:
540
2 SECTION I:
That Resolution No. 11500, adopted November 14, 2023, is hereby rescinded, effective immediately upon the date of the adoption of Resolution No. 11508.
SECTION II:
The following streets be included to the permit parking program Area “AA”:
Both sides of Ryals Ln. from the West City limit to Bob White Way.
East side of Bob White Way between Ryals and Partridge Ln.
Both sides of the 200 Block of Renee St.
SECTION III:
That the Master Resolution of Permit Parking Area for the Neighborhood Permit Parking program attached hereto as Exhibit “A” is hereby adopted.
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
541
3 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
542
Exhibit A
EXHIBIT A
The following areas are all areas that have been approved by the City Council for inclusion in the Neighborhood Permit Parking Program and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program s hall be made by amending this Master Resolution.
CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING AREA “A”
1. West side of Cambridge St. from Chapman Ave. to Lomita Ave. adjacent to residential land uses.
2. Both sides of Center St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.
3. East side of Center St. from Palm Ave. to Walnut Ave.
4. Both sides of Cleveland St. from Chapman Ave. to Sycamore Ave. adjacent to residential land uses.
5. East side of Cypress St. from Palm Ave. to 637 feet north of Walnut Ave.
6. Both sides of Cypress St. from Walnut Ave. to Sycamore Ave.
7. Both sides of Everett Pl. from Shaffer St. to Glassell St.
8. Both sides of Glassell St. from Walnut Ave. to Rose Ave.
9. Both sides of Glassell St. from Lomita Ave. to Walnut Ave.
10. East side of Grand St. from Chapman Ave. to Maple Ave. adjacent to residential land uses.
11. Both sides of Grand St. from Maple Ave. to Palm Ave.
12. Both sides of Grand St. from Everett Pl. to Walnut Ave.
13. Both sides of Grand St. from Everett Pl. to Lomita Ave.
14. Both sides of Harwood St. from 146 feet north of Chapman Ave. to the northern terminus of Harwood St.
15. Both sides of Jefferson Ave. from Harwood St. to Shaffer St.
16. East side of Lemon St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.
17. Both sides of Lemon St. from Palm Ave. to Walnut Ave. adjacent to residential land uses.
18. West side of Lemon St. from Walnut Ave. to 644 feet north of Walnut Ave.
19. Both sides of Lomita Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.
20. Both sides of Maple Ave. from Cambridge to Cypress St. adjacent to residential land uses.
21. Both sides of Mayfair Ave. from Shaffer St. to Lemon St.
22. Both sides of Olive St. from Chapman Ave. to the northern terminus of Olive St. adjacent to residential land uses.
23. Both sides of Olive St. from Sycamore Ave. to Rose Ave.
24. Both sides of Orange St. from Maple Ave. and Palm Ave.
25. Both sides of Orange St. from Walnut Ave. to the northern terminus of Orange St.
26. Both sides of Orange St. from Lomita Ave. to the southern terminus of Orange St.
27. Both sides of Palm Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.
28. Both sides of Rose Ave. from Glassell St. to Orange St.
29. Both sides of Shaffer St. from Chapman Ave. to Lomita Ave. adjacent to residential land uses.
30. Both sides of Sycamore Ave. from Cambridge St. to Center St. adjacent to residential land uses.
31. North side of Sycamore Ave. at 145 W. Sycamore Ave. adjacent to residential land uses.
32. Both sides of Walnut Ave. from Cambridge St. to Cypress St. adjacent to residential land uses. 543
Exhibit A
33. Both sides of N. Shaffer St. between Chapman Ave. and Walnut Ave.
34. Both sides of E. Maple Ave. between Shaffer St. and Cleveland Ave.
35. Both sides of E. Mayfair Ave. between Shaffer St. and Grand St.
AREA “B”
1. Both sides of Adams Ave. from Glassell St. to Grand St.
2. Both sides of Hoover Ave. from Glassell St. to Grand St.
3. Both sides of Quincy Ave. from Glassell St. to Grand St.
4. Both sides of Wilson Ave. from Glassell St. to Grand St.
AREA “C”
1. Both sides of Compton Ave. from Manchester Ave. to Lewis St.
2. East side of Lewis St. from the northerly property line at 4035 Compton Ave. to the southern property line of 119 N. Lewis St.
3. West side of Manchester Ave. from Sheringham Ave. to Compton Ave.
4. North side of Sheringham Ave. from Manchester Ave. to Windgap Dr.
5. South sides of Sheringham Ave. from Woodridge Cr. to Windgap Dr.
6. Both sides of Sunningdale Cr. from Compton Ave. south to include the cul-de-sac.
7. Both sides of Windgap Dr. from Compton Ave. south to include the cul-de-sac.
8. West side of Woodridge Cr. from Sheringham Ave. south to include the cul-de-sac.
9. East side of Woodridge Cr. from the northerly property line of 119 N. Woodridge Cr. south to include the cul-de-sac.
AREA “D”
1. Both sides of Dunas St. from Maple Ave. north to include the cul-de-sac.
2. Both sides of Maple Ave. from Prospect St. to Olympia Way.
3. Both sides of Olympia Way from Maple Ave. to Spring St.
4. Both sides of Shasta St. from Maple Ave. north to include the cul-de-sac.
5. Both sides of Vine Ave. from Olympia Way to its western terminus.
6. Both sides of First St. from Chapman Ave. north to include the cul-de-sac.
7. Both sides of Pearl Ave. from First St. to McPherson Rd.
8. East side of McPherson Rd. from 131 to 133 N. McPherson Rd.
AREA “E”
1. West side of Elm St. south of Sycamore Ave. to include the cul-de-sac.
AREA “F”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.
1. Both sides of Almond Ave. from Prospect St. to Violet Ln.
2. Both sides of Kathleen St. from Chapman Ave. to Palmyra Ave.
3. Both sides of Palmyra Ave. from Craig Dr. to Prospect St.
4. East side of Prospect St. from Almond Ave. to Palmyra Ave.
5. Both sides of Violet Ln. from Almond Ave. to Palmyra Ave. 544
Exhibit A
AREA “G”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.
1. Both sides of Euclid Ave. from James St. to Seranado St.
2. Both sides of James St. from Sycamore Ave. to Euclid Ave.
3. Both sides of Palm Ave. from Swidler St. to Seranado St.
4. Both sides of Sycamore Ave. from Swidler St. to Seranado St.
5. Both sides of Seranado St. from Spring St. to Walnut Ave.
6. Both sides of Silverleaf Ave. from Thomas St. to Seranado St.
7. Both sides of Spring St. from Swidler St. to Seranado St.
8. Both sides of Swidler St. from Spring St. to Walnut Ave.
9. Both sides of Thomas St. from Sycamore Ave. to Silverleaf Ave.
10. Both sides of Walnut Ave. from Swidler St. to Seranado St.
AREA “H”
1. Both sides of Shaffer St. beginning 390 feet north of Katella Ave. and ending at Trenton Ave. (R-1 zoned single-family residences only.)
AREA “I”
1. Both sides of Almond Ave. from Prospect St. to Dunas St.
2. Both sides of Century Ave. from James St. to Thomas St.
3. Both sides of Craig Dr. 100 feet south of Roberta Dr. to Prospect St.
4. Both sides of Dunas St. from Palmyra Ave. to Almond Ave.
5. Both sides of James St. from Century Dr. to LaVeta Ave.
6. North side of LaVeta Ave. from Prospect St. to Dunas St.
7. Both sides of Merelet Ln. from Craig Dr. to include the cul-de-sac.
8. Both sides of Olympia Way from Palmyra Ave. to Almond Ave.
9. North side of Palmyra Ave. from Prospect St. to Thomas St.
10. Both sides of Ruth Pl. easterly of James St.
11. Both sides of Ruth Pl. from Prospect St. to Olympia Way.
12. Both sides of Shasta St. from Palmyra Ave. to Almond Ave.
13. Both sides of Thomas St. from Century Dr. to Palmyra Ave.
AREA “J”
1. Both sides of Binnacle Ave. from Jetty Dr. to its easterly terminus.
2. North side of Chapman Ave. from Jetty Dr. to 4537 W. Chapman Ave.
3. North side of Chapman Ave. frontage road from Jetty Dr. to cul-de-sac.
4. Both sides of Grant Pl. from Chapman Ave. northerly to include the cul-de-sac.
5. Both sides of Jetty Dr. from Chapman Ave. to Sirius Ave.
6. West side of Lewis St. from Sirius Ave. to Simmons Ave.
7. South side of Simmons Ave. from Lewis St. to Spinnaker St.
8. Both sides of Sirius Ave. from Lewis St. to Jetty Dr.
9. Both sides of Spinnaker St. from Binnacle Ave. to Simmons Ave. 545
Exhibit A
10. Both sides of Stay Court easterly of Jetty Dr.
11. Both sides of Tiller Ave. from Lewis St. to Spinnaker St.
AREA “K”
1. Both sides of the 2700 block of E. Bennett Ave.
2. Both sides of the 2700 block of E. Killingsworth Ave.
3. Both sides of the 100-200 blocks of N. Malena Dr.
4. Both sides of the 2700 block of E. Sherman Ave.
5. Both sides of the 100-200 blocks of N. Wheeler St.
AREA “L”
1. Both sides of Jacaranda Ave. from Morgan St. to Mallard St.
2. Both sides of Juniper Ave. from Morgan St. to Mallard St.
3. Both sides of Mallard St. from Collins Ave. northerly to 985 N. Mallard St.
4. Both sides of Morgan St. from Collins Ave. northerly to 986 N. Morgan St.
AREA “M”
1. Both sides of Citrus St. from Almond Ave. to the southerly commercial property lines south of Chapman Ave.
AREA “N”
1. West side of Bedford Rd. from LaVeta Ave. to Bronson Ave.
AREA “O”
1. North side of Spring St. from Hewes St. to Earlham St.
AREA “P”
1. Both sides of the 1000 block of Gardner Dr.
2. Both sides of the 1000 block of Greengrove St.
3. Both sides of Monroe Ave. from California St. to Lincoln St.
4. Both sides of Quincy Ave. from California St. to Lincoln St.
5. Both sides of Lincoln St. between Adams Ave. and Wilson Ave. including the cul-de-sac.
6. West side of Lincoln St. from 990 N. Lincoln St. to Adams Ave.
7. East side of Lincoln St. from 1073 N. Lincoln St. to Adams Ave.
8. Both sides of Adams Ave. between Lincoln St. and California St.
AREA “Q”
1. Both sides of the 8500 block of Biscayne Way.
2. Both sides of the 8500 block of Deershire Ct.
3. Both sides of the 200 block of Fairfield Ln.
4. Both sides of the 200 block of Firenza Way.
5. Both sides of the 8500 block of Heatherview Ln.
546
Exhibit A
AREA “R”
1. Both sides of San Luis Dr. from 7821 (north side) to Santa Cruz Ave., and from 7816 (south side) to the beginning of 8132.
2. 8102 and 8110 Santa Cruz Ave. (south side).
3. Both sides of Santa Maria St. between San Luis Dr. and Santa Cruz Ave.
AREA “S”
1. Both sides of Poplar St. between Maple Ave. and the cul-de-sac.
2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave.
3. South side of Maple Ave. from Stevens St. to 2010 W. Maple Ave.
4. Both sides of Eckhoff St. between 130-283 N. Eckhoff St.
AREA “T”
1. Both sides of Cully Dr. from the westerly property lines of 861 and 864 W. Cully Dr. to the cul-de-sac.
2. Four spaces on the east side of Eckhoff St. from the southerly limit to W. Arbor Way (approximately 110 feet).
3. Five spaces on the east side of Eckhoff St. from 45 feet north of W. Arbor Way end of curb return to Maple Ave. (approximately 140 feet. It allows one parking space to remain in the permit parking program just north of the driveway at 2037 W. Arbor Way for visibility).
4. Three spaces on the east side of Eckhoff St. north of Willow Ave. to the northerly limit (approximately 70 feet).
5. Two spaces on the east side of Eckhoff St. from the existing red curb north of Maple Ave. to the driveway south of 206 N. Eckhoff St.
AREA “U”
1. Both sides of Waverly St. from the northerly property lines of 133 and 138 S. Waverly St. to Almond Ave.
AREA “V”
1. The south side of E. Rose Ave. from 1932/1934 to N. Highland St.
2. Both sides of N. Highland St. from E. Rose Ave. to E. Barkley Ave.
3. Both sides of E. Mayfair Ave. from 1740 E. Mayfair Ave. to N. Highland St.
4. The south side of E. Lomita Ave. from 1734/1736 to N. Highland St.
5. The north side of E. Lomita Ave. from 1901 to N. Highland St.
6. Both sides of E. Barkley Ave. from the cul-de-sac to N. Highland St.
7. Both sides of the cul-de-sacs of N. Victoria Dr., N. Russell Dr., and N. Shirley Dr., north of E.
Mayfair Ave.
AREA “W”
1. Both sides of Madison Ave. from Wayfield St. to the cul-de-sac. 547
Exhibit A
2. Both sides of Orange Grove Ave. from Wayfield St. to the westerly property lines of 1743/1744 E. Orange Grove Ave.
3. East side Wayfield St. between Orange Grove Ave. and the southerly property lines of 550/555 Wayfield St.
4. West side of Wayfield St. between Orange Grove Ave. and Madison Ave.
AREA “X”
1. South side of Collins Ave. from Hart St. to 2842 E. Collins Ave.
AREA “Y”
1. Both sides N. Citrus St. from Walnut Ave. to W. Sycamore Ave.
AREA “Z”
1. Both sides of Sycamore Ave. from Rancho Santiago Blvd. to Richard St.
2. Both sides Rancho Santiago Blvd. from the south city limits to Silverleaf Ave.
3. Both sides of Silverleaf Ave. from Rancho Santiago Blvd. to Richard St.
4. Both sides of Christine St. from Silverleaf Ave. to Sycamore Ave.
5. Both sides of Richard St. from Silverleaf Ave. to Sycamore Ave.
OPPORTUNITY AREA “1”
1. Both sides of Lilac Ln. from Culver Ave. to Orchard Ave.
2. Both sides of Plum Ln. from Culver Ave. to Orchard Ave.
3. Both sides of Orchard Ave. from Flower St. to the easterly terminus of the street.
4. Both sides of Bedford Rd. between Culver Ave. and La Veta Ave.
5. Both sides of Devon Rd. between Palmyra Ave. and Culver Ave.
OPPORTUNITY AREA “3”
1. Wayfield St. between Palm Ave. and Walnut Ave.
2. Palm Ave. between Park Ln. and Wayfield St.
3. Park Ln. between Dana Pl. and Palm Ave.
4. Wayfield Cr. south of Palm Ave.
5. Both sides of Mount Vernon Ave. between Wayfield St. and La May Ct.
6. Both sides of Park Ln. between Mount Vernon Ave. and Sycamore Ave.
7. Both sides of Martha Ave. east of Park Ln.
8. Both sides of Sycamore Ave. between Wayfield St. and Highland St.
9. Both sides of Highland St. between Sycamore Ave. and south terminus.
OPPORTUNITY AREA “4”
548
Exhibit A
1. Both sides of Trenton Ave. from the westerly property lines of 331 E. Trenton Ave. and 1482 N. Grant St. to Shaffer St.
2. Both sides of Grant St. from Trenton Ave. to the cul-de sac.
OPPORTUNITY AREA “5”
1. Both sides of Greengrove St. from Meats Ave. to the southern terminus.
2. Both sides of Del Mar Ave. from Cambridge St. to Greengrove St.
3. Both sides of Lindenhlotz St. between Del Mar Ave. and the northerly terminus.
AREA “AA”
1. Both sides of Ryals Ln. from the West City limit to Bob White Way.
2. East side of Bob White Way between Ryals and Partridge Ln.
3. Both sides of the 200 Block of Renee St.
549