AGENDA
ORANGE COVE CITY COUNCIL
REGULAR MEETING
Wednesday, September 25, 2024
6:30 PM
City of Orange Cove Council Chambers
633 6th St.
Orange Cove, CA 93646
ZOOM Information
https://us06web.zoom.us/j/81287134691?pwd=9F2FpKeW5rWGv5PTaznnbEo29ztFYS.1 Meeting ID: 812 8713 4691
Passcode: 832232
1. CALL TO ORDER/WELCOME
Roll call
Invocation
Flag Salute (Pledge of Allegiance)
2. CONFIRMATION OF AGENDA
3. PRESENTATIONS
• None Scheduled
4. CONSENT
(All items listed under the consent calendar category are considered routine. The complete consent calendar will be enacted by one motion by ROLL CALL VOTE.
For purposes of discussion, any council member may have an item removed from the consent calendar and made part of the regular agenda. The Council can then approve the remainder of the consent calendar).
1 4.a. Minutes of the August 08, 2024, Special Meeting Cisneros of Orange Cove City Council
4.b. Minutes of the August 27, 2024, Special Meeting Cisneros of Orange Cove City Council
4.c. Minutes of the August 28, 2024, Special Meeting Cisneros of Orange Cove City Council
4.d. Minutes of the August 28, 2024, Regular Meeting Cisneros of Orange Cove City Council
4.e. Warrant Register for August 2024 Jimenez
4.f. Consideration and Necessary Action to Approve Dominguez Resolution No. 2024-27 authorizing the City of
Orange Cove to prepare applications for local, state
and federal programs, projects, and authorize the
City Manager to execute the necessary assurances
and administer the programs
5. PUBLIC HEARING
5.a. SUBJECT: Consideration and Necessary Action on Dominguez to approve the close-out of the 20-CDBG-CV2-3-00007
Subsistence Payments Program
RECOMMENDATION: Approve the close-out of the
20-CDBG-CV2-3-00007 Subsistence Payments Program
6. REGULAR BUSINESS
6.a. SUBJECT: Consideration and Necessary Action of Approval of Crouch July 1, 2024, to June 30, 2026, Memorandum of Understanding with Local 39
RECOMMENDATION: Staff recommends that the council approve July 1, 2024, to June 30, 2026, Memorandum of Understanding with Local 39
6.b. SUBJECT: Discussion of the new Fire Protection & Emergency Response Services Assessment Ballot
2 7. ADMINISTRATION
7.a. Public Works Director & City Engineer Dominguez
SUBJECT: Department Report by Assistant City Manager/
Public Works Director Dario Dominguez
RECOMMENDATION: Informational Only
7.b. Building & Planning Department Patlan
SUBJECT: Department Report by Planning & Building
Director Encarnacion "Shun" Patlan
RECOMMENDATION: Informational Only
7.c. Police Department Peña
SUBJECT: Department Report by Police Department
Chief of Police Javier Peña
RECOMMENDATION: Informational Only
7.d. Orange Cove Fire Protection District Fire Chief
SUBJECT: Department Report by O.C. Fire
Protection District Fire Chief
RECOMMENDATION: Informational Only
8. PUBLIC COMMENTS
Notice(s) to the Public: This is the opportunity for any member of the public to address he City Council on any item over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referrec to the City Manager for review. Members of the public shall limit their remarks to three (3) minutes and no more than 15 minutes per topic.
9. CITY MANAGER'S REPORT
10. CITY ATTORNEY'S REPORT
11. CITY COUNCIL COMMUNICATIONS
3 12. CLOSED SESSION
A closed session is needed to discuss the following matter:
Conference with Real Property Negotiations (§ 54956.8) Property: 1300 South Street
Agency Negotiation: Daniel Parra, City Manager
Under Negotiation: Price, terms of payment
13. ADJOURNMENT
ADA Notice: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 626-4488 ext. 213. Notification 48 hours prior to the meeting will enable the city to make arrangements to ensure accessibility to this meeting.
Documents: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall, Orange Cove, CA during normal business hours. In addition, most documents are posted on the City's website at cityoforangecove.com.
STATEMENT ON RULES OF DECORUM AND ENFORCEMENT
The Brown Act provides that members of the public have a right to attend public meetings, to provide public comment on action items and under the public forum section of the agenda, and to criticize the policies, procedures, or services of the city or of the acts or omissions of the city council. The Brown Act also provides that the City Council has the right to exclude all persons who willfully cause a disruption of a meeting so that it cannot be conducted in an orderly fashion.
During a meeting of the Orange Cove City Council, there is a need for civility and expedition in the carrying out of public business in order to ensure that the public has a full opportunity to be heard and that the Council has an opportunity to conduct business in an orderly manner. The following is provided to place everyone on notice of the rules of decorum and enforcement.
GENERAL RULES OF DECORUM
While any meeting of the City Council is in session, the following rules of decorum shall be observed:
1. All remarks shall be addressed to the City Council as a whole and not to any single member, unless in response to a question from a member of the City Council.
2. A person who addresses the City Council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct (i) which is likely to provoke others to violent or riotous behavior, (i) which disturbs the peace of the meeting by loud and unreasonable noise, (iii) which is irrelevant or repetitive, or (iv) which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
3. A person, other than members of the Council and the person, who has the floor, shall not be permitted to enter into the discussion unless requested by the mayor to speak
4. Members of the City Council may not interrupt a person who has the floor and is making public comments. Members of the City Council shall wait until a person completes his or her public comments before asking questions or commenting. The mayor shall then ask Councilmembers if they have comments or questions.
5. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council meeting. 5 ENFORCEMENT OF DECORUM RULES
(Resolution No. 2012-16)
While the City Council is in session, all persons must preserve order and decorum. A person who addresses the city council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
The mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the mayor or presiding officer may direct the City Manager to contact law enforcement.
In accordance with the Point of Order Rule 4.6, the majority of the Council may overrule the mayor if the majority of the Council believes the mayor or other presiding officer is not applying the rules of decorum appropriately. 6 4.a
ORANGE COVE CITY COUNCIL
SPECIAL MEETING
Thursday, August 08, 2024, at 5:30 PM
City Council Chambers
633 6th Street, Orange Cove, CA 93646
MINUTES
1. MEETING CALLED TO ORDER
Mayor Guerra-Silva called the meeting to order at 5:30 PM.
ROLL CALL
COUNCIL PRESENT:
Council Member Esperanza Rodriguez
Council Member Josie Cervantes
Mayor Pro Tem Gilbert Garcia
Mayor Diana Guerra-Silva
ABSENT:
Council Member Maria Vacio
CITY STAFF PRESENT: City Manager Parra, Assistant City Manager/Director of Public Works Dominguez, City Attorney Crouch, and City Clerk Cisneros.
Invocation: Mayor Pro Tem Garcia
Flag Salute: Council Member Cervantes
2. CONFIRMATION OF AGENDA
No changes to the agenda
3. CLOSED SESSION
Conference with Labor Negotiators (§54957.6)
Agency designated representatives: Daniel Parra, City Manager Employee organization: OCPOA
Public Comments was opened regarding agenda item 3.Closed Session (in person & via Zoom). No members of the public spoke.
The meeting went into closed session at 5:33 PM.
4. RECONVENE INTO OPEN SESSION AND REPORT ACTION
The meeting reconvened into open session at 6:00 PM.
There was no reportable action taken on the closed session item.
5. ADJOURNMENT There being no further business, the meeting was adjourned. at 6:00 PM.
Respectfully submitted,
Cynthia Cisneros Diana Guerra-Silva
City Clerk Mayor
4.b.
ORANGE COVE CITY COUNCIL
SPECIAL MEETING
Tuesday, August 27, 2024, at 3:30 PM
City Council Chambers
633 6t Street, Orange Cove, CA 93646
MINUTES
1. MEETING CALLED TO ORDER
Mayor Guerra-Silva called the meeting to order at 3:30 PM.
ROLL CALL
COUNCIL PRESENT:
Council Member Maria Vacio
Council Member Esperanza Rodriguez
Council Member Josie Cervantes
Mayor Pro Tem Gilbert Garcia
Mayor Diana Guerra-Silva
ABSENT:
None
CITY STAFF PRESENT: City Manager Parra, Assistant City Manager/Director of Public Works Dominguez, and City Clerk Cisneros. City Attorney Crouch joined the meeting via Zoom.
Invocation: Mayor Pro Tem Garcia
Flag Salute: Council Member Rodriguez
2. CONFIRMATION OF AGENDA
No changes to the agenda
3. REGULAR BUSINESS
3.a. Consideration and Necessary Action to approve Resolution No. 2024-25, Declaring APNs 378-063-07 and 378-220-19 Exempt Surplus Property City Attorney Crouch and the City Manager addressed the council. This property is being declared exempt surplus because the city is proposing to transfer the property to Fresno County Housing Authority. The California Department of Housing and Community Development would need to approve the resolution and the agreement.
This is the future construction of the Multi-Jurisdictional Housing Element.
Public Comments was opened to discuss agenda item 3.a. (in person & via Zoom).
No members of the public spoke.
The motion was made by Council Member Cervantes to approve Resolution No. 2024-25, Declaring APNs 378-063-07 and 378-220-19 Exempt Surplus Property and seconded by Mayor Pro Tem Garcia. The motion carried with the following vote:
AYES: 5 COUNCIL MEMBERS: Cervantes, Garcia, Rodriguez, Vacio, Guerra-Silva NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4. ADJOURNMENT There being no further business, the meeting was adjourned. at 3:47 PM.
Respectfully submitted,
Cynthia Cisneros Diana Guerra-Silva
City Clerk Mayor
4.c.
ORANGE COVE CITY COUNCIL
SPECIAL MEETING
Wednesday, August 28, 2024, at 6:25 PM
City Council Chambers
633 6t Street, Orange Cove, CA 93646
MINUTES
1. MEETING CALLED TO ORDER
Mayor Guerra-Silva called the meeting to order at 6:25 PM.
ROLL CALL
COUNCIL PRESENT:
Council Member Maria Vacio
Council Member Esperanza Rodriguez
Council Member Josie Cervantes
Mayor Pro Tem Gilbert Garcia
Mayor Diana Guerra-Silva
ABSENT:
None
City Manager Parra
Invocation: Mayor Pro Tem Garcia
Flag Salute: Council Member Vacio
2. CONFIRMATION OF AGENDA
No changes to the agenda
3. REGULAR BUSINESS
3.a. Consideration and Necessary Action to appoint Oligaro Villareal to the City of Orange Cove Planning Commission
City Attorney Crouch addressed the council regarding filling a vacancy in the Planning Commission to convene an upcoming meeting. In the past meetings, it's been difficult to form a quorum and conduct business.
Assistant City Manager/Director of Public Works Dominguez addressed the council regarding a typo on the name of Oligario Villareal. The correct spelling is Olegario Villarreal.
Public Comments was opened to discuss agenda item 3.a. (in person & via Zoom).
One member of the public spoke.
The motion was made by Council Member Cervantes to appoint Olegario Villarreal to the Planning Commission and seconded by Council Member Rodriguez. The motion carried with the following vote:
AYES: 5 COUNCIL MEMBERS: Cervantes, Rodriguez, Garcia, Vacio, Guerra-Silva NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4. ADJOURNMENT There being no further business, the meeting was adjourned. at 6:35 PM.
Respectfully submitted,
Cynthia Cisneros Diana Guerra-Silva
City Clerk Mayor
4.d.
ORANGE COVE CITY COUNCIL
REGULAR MEETING
Wednesday, August 28, 2024, at 6:30 PM
City Council Chambers
633 6" Street, Orange Cove, CA 93646
MINUTES
1. MEETING CALLED TO ORDER
Mayor Guerra-Silva called the meeting to order at 6:37 PM.
ROLL CALL
COUNCIL PRESENT:
Council Member Maria Vacio
Council Member Esperanza Rodriguez
Council Member Josie Cervantes
Mayor Pro Tem Gilbert Garcia
Mayor Diana Guerra-Silva
ABSENT:
None
CITY STAFF PRESENT: Assistant City Manager/Director of
Public Works Dominguez, City Attorney Crouch, Director of Planning and Building Patlan, Police Chief Pena, Assistant Finance Director Jimenez, and City Clerk Cisneros.
ABSENT:
City Manager Parra
Invocation: Council Member Garcia
Flag Salute: Council Member Josie Cervantes
2. CONFIRMATION OF AGENDA
Under the consent calendar, the Minutes for the July 13, 2024, Regular Meeting has a typo on the date. It should read July 03, 2024. There are no other changes.
3. PRESENTATIONS
None
4. CONSENT CALENDAR
4.a. Minutes of the June 26, 2024, Regular Meeting
of Orange Cove City Council
4.b. Minutes of the July 13, 2024, Special Meeting
of Orange Cove City Council
4.c. Minutes of the July 24, 2024, Regular Meeting
of Orange Cove City Council
4.d. Warrant Register for July 2024
4.e. Consider and Necessary Action to Approve Resolution No. 2024-26 Certifying the City's Intent to Claim Available Pass-Through Revenue Certification and Claim Forms and
Approving Resolution 2024-26 will allow the City to collect its share/allocation of Measure "C" Transportation Improvement Funding for FY 24/25 for Street Maintenance, ADA Compliance and other authorized uses
Mayor Guerra-Silva pulled agenda item 4.e. and requested for This item was left under the consent calendar.
The motion was made by Council Member Garcia to approve the consent calendar and seconded by Council Member Cervantes. The motion carried with the following vote:
AYES: 5 COUNCIL MEMBERS: Garcia, Cervantes, Rodriguez, Vacio, Guerra-Silva NOES: 0 COUNCIL MEMBERS: None
ABSTAIN:0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
5. PUBLIC HEARING
5.a. Consideration and Necessary Action on the Second Reading and Adoption of Ordinance No. 397 which Amends Chapter 17.12, Section
17.12.120 of the Orange Cove Municipal Code and Adopt Ordinance No. 397, An Ordinance of the City Council of the City of Orange Cove Amending Orange Cove Municipal Code Chapter 17.12, Section 17.12.120 Relating to the Reduction of Rear Yard Setback Requirements in the R-1-6 Zoning and Conduct a Public Hearing to receive any comments regarding the Zoning Text Amendment
Planning/Building Director Encarnacion "Shun" Patlan addressed the council.
Public Hearing opened at 6:48 PM. The public (in person & via Zoom) is welcome to ask any questions about agenda item. 5.a. There were members of the public who spoke. Public Hearing closed at 6:52 PM.
The motion was made by Council Member Garcia to Adopt Ordinance No. 397, An Ordinance of the City Council of the City of Orange Cove Amending Orange Cove Municipal Code Chapter 17.12, Section 17.12.120 Relating to the Reduction of Rear Yard Setback and seconded by Council Member Vacio.
The motion carried with the following vote:
AYES: 5 COUNCIL MEMBERS: Garcia, Vacio, Cervantes, Rodriguez Guerra-Silva NOES: 0 COUNCIL MEMBERS: Garcia
ABSTAIN:0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
6. REGULAR BUSINESS
6.a. Consideration and Necessary Action on Tentative
Parcel Map No. 2023-01, Singh/Kaur, dividing eight acres into Eight parcels ranging from .9 and 1.10 acres in size located on the West side of Anchor Avenue, 750 North of Park Blvd, and to Approve Resolution No. 2024-23, A Resolution of the City Council of the City of Orange Cove approving Tentative Parcel Map No 2023-01, subject findings, and the "Conditions of Approval" hereby attached Planning/Building Director Encarnacion "Shun" Patlan addressed the council.
Public Comments was opened to discuss agenda item 6.a. (in person & via Zoom).
Several members of the public spoke.
The motion was made by Council Member Cervantes to
Approve Resolution No. 2024-23, A Resolution of the City Council of the City of Orange Cove approving Tentative Parcel Map No 2023-01 and seconded by Council Member Rodriguez. The motion carried with the following vote:
AYES: 4 COUNCIL MEMBERS: Cervantes, Rodriguez, Vacio, Guerra-Silva NOES: 1 COUNCIL MEMBERS: Garcia
ABSTAIN:0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
7. PUBLIC COMMENTS
Several members of the public spoke. No one spoke from via Zoom.
8. CITY MANAGER'S REPORT
9. CITY ATTORNEY'S REPORT
Nothing to report
10. CITY COUNCIL COMMUNICATIONS
• Mayor Pro Tem/Mayor Guerra-Silva informed the public about the Resource Fair tomorrow at the Orange Cove Community Center, hosted by Confia. Information was provided in English/Spanish
• Mayor Guerra-Silva thanked all the volunteers who help in the community
11. CLOSED SESSION
None Scheduled
12. ADJOURNMENT There being no further business, the meeting was adjourned at 7:43 PM.
Respectfully submitted,
Cynthia Cisneros Diana Guerra-Sliva
City Clerk Mayor
4.e.
REPORT.: Sep 20 24 Friday CITY OF ORANGE COVE PAGE: 001 Time: 08:15 Cash Disbursement Detail Repori ID #: PY-DP Check Listing for 08-24 thru 08-24 Bank Account.: 1010 CTL.: ORA Check Check Vendor Net
Number Date Number Name Amount Invoice # Description
051457 08/01/24 BOO01 BOOT BARN, INC 350.00 V00316052 STEEL TOE BOOTS - A. VALENCIA WTP #INV00316052 051458 08/01/24 DWA01 DAVID WELLHOUSE & ASSOCIA 2500.00 1904 PROFESSIONAL SERVICES 051459 08/01/24 FCC02 FRESNO COUNTY CLERK 9345.98 2024-005 MARCH ELECTION 2024 051460 08/01/24 GWL01 GRISWOLD LASALLE 85.00 5230 PROFESSIONAL SERVICES 051461 08/01/24 PRO21 PROFESSIONAL PRINT & MAIL 483.59 121018 ENVELOPE #10 WINDOW - NO INDICIA-BLACK INK
78.2 121049 ENVELOPE - #10 REGULAR - NO INDICIA FULL COLOR 114.9 121050 ENVELOPE - #10 REGULAR - NO INDICIA BLACK INK 740.63 121335 ENVELOPE - #10 WINDOW - NO INDICIA - BLACK INK 363.74 121336 ENVELOPE - #10 REGULAR - NO INDICIA - BLACK INK 847.7 121357 BLANK LASER CHECKS
Check Total..........: 3528.89
051462 08/01/24 PUR01 PITNEY BOWES BANK, INC. P 2284.57 JUNE 2024 POSTAGE ACCT #8000-9000-0619-3662 051463 08/01/24 TRE01 MINERAL KING PUBLISHING, 440.00 713005 PUBLIC NOTICE - MVT FACILITY BONDS - AMAYA 051464 08/01/24 UNITY UNITY IT 1118.8 366639 PROFESSIONAL SERVICES 3602.5 366600 PROFESSIONAL SERVICES - 05/01/24 | - 05/01/24 - 05/31/24 Check Total.... 4721.30
051465 08/01/24 USB02 US BANK N.A. CM 9705 197260.46 2609278 SUCESSOR AGENCY - REFUNDING BONDS SERIES 2014 051466 08/01/24 ATTM2 FIRSTNEY - ATET MOBILITY 1121.23 X07192024 POLICE PHONES & MDT'S 051467 08/01/24 CIT22 CITRUS GARDENS APARTMENTS 2790.00 24MCL213 SUBSISTENCE/RENT A.M. #213 051468 08/01/24 COC12 CITY OF ORANGE COVE 1373.82 24ALV0053 SUBSISTENCE/WATER C.A #ALV0053 051469 08/01/24 COC12 CITY OF ORANGE COVE 1483.75 24PER0047 SUBSISTENCE/WATER E.E. #PER0047 051470 08/01/24 COC12 CITY GE ORANGE COVE 780.90 24ZAV0049 SUBSISTENCE/WATER M.Z. #ZAV0049 051471 08/01/24 CWS01 CORBIN WILLITS SYSTEM 1137.20 00C407151 PROFESSIONAL SERVICES - MOMSOFTWARE - AUGUST 2024 051472 08/01/24 DIO00 DIONICIO RODRIUEZ JR. 1344.00 7242024 WEEKEND WTP COVERAGE 051473 08/01/24 EMAAA FRESNO-MADERA AREA AGENCY 0276 SITE SUPPLIES - 04-24 25:05 0277 SITE SUPPLIES 05/24
Check Total..........: 78.36
051474 08/01/24 F0002 FOOTHILL AUTO TRUCK & AG 81.42 943903 OIL FILTER & OIL - VIH #201 Friday CITY OF ORANGE COVE PAGE: 002
Time: 08:15 Cash Disbursement Detail Report D # : PY-D.
Check Listing for 08-24 thru Bank Account.: 101( ORA
hec Check Vendor Net
umber Date Number Name Amount Invoice # Description
----
051475 08/01/24 EWUA1 FRIANT WATER AUTHORITY 3909.07 117566 SLDWA EXCH. CONTRACTORS COSTS 051476 08/01/24 GAR04 GARCIA, GILBERT 47.30 FRESNOCOG MTG. AT FRESNO COUNCIL OF GOV. - MILEAGE REIMB. 051477 08/01/24 ICCO2 INTERNATIONAL CODE COUNCI 800.00 001887028 FULL CONFERENCE-MEM BEFORE 091624 051478 08/01/24 ORA23 ORANGEWOOD PLAZA LIC 1495.00 24COR111 SUBSISTENCE/RENT D.C. #111 051479 08/01/24 ORC23 ORCHARD VILLAGE APARTMENT 965.00 24ESC2323 SUBSISTENCE/RENT F.E. #2323 051480 08/01/24 ORC23 ORCHARD VILLAGE APARTMENT 1225.00 24LE03113 SUBSISTENCE/RENT L.L #3113 051481 08/01/24 PGE01 PG & E 985.59 24FAR2527 SUBSISTENCE/PG&E E.F. ACCT #6468144252-7 051482 08/01/24 PGE01 PG 6 E 1736.23 24MOR3904 SUBSISTENCE/PG&E M.M ACCT #6442777390-4 051483 08/01/24 PGE01 PG & B 509.00 24ZAV0634 SUBSISTENCE/PG&E M.Z. ACCT #9099759063-4 051484 08/01/24 QUI05 QUILL CORPORATION 39423779 OFFICE SUPPLIES - PD ACCT #7607802
3.1 39427416 OFFICE SUPPLIES - PD ACCT #7607802
Check Total... 48.33
051485 08/01/24 SOC22 SO CAL GAS 1065.83 24ALV3495 SUBSISTENCE/GAS C.A. ACCT #100 914 7349 051486 08/01/24 SOC22 SO CAL GAS 435.91 24EAR8428 SUBSISTENCE/GAS E.E. ACCT #019 014 7842 051487 08/01/24 SOC22 SO CAL GAS 182.81 24LE09022 SUBSISTENCE/GAS L. L. ACCT# 054 714 69022 051488 08/07/24 BOR01 BUREAU OF RECLAMATION 1845.20 804071656 CITY WATER PURCHASE #180407165g 337.B 804071657 CITY WATER PURCHASE #1804071651
497.00 804071660 CITY WATER PURCHASE #1804071660
1247.52 804071662 CITY WATER PURCHASE #1804071662
336.00 804071663 CITY WATER PURCHASE #1804071663
91.00 804071664 CITY WATER PURCHASE #1804071664
2053.21 804142230 CITY WATER PURCHASE #1804142230
1481.43 804142231 CITY WATER PURCHASE #1804142231
553.00 804142232 CITY WATER PURCHASE #1804142232
3196.77 804142233 CITY WATER PURCHASE #1804142233
861.00 804142234 WATER PURCHASE #1804142234
399.00 804142235 CITY WATER PURCHASE #1804142235
Check Total.....: 12899.09
051489 08/07/24 EOC01 TARGET EIGHT ADVISORY COU 30030.00 COC-02 COST OF CARE (2) 36036.00 COC-03 COST OF CARE (3)
87962.00 3/28/24 ANALYST CONTRACT INCREASE
CITY DE ORANGE COVE FAGE: 003
An ay. a 2 3 Ee: 08:15 Cash Disbursement Detail Report ID #: PY-DE Check Listing Tor 08-24 thru 08-24 Bank Account.: 1010 CTL.: ORA Check Check vendor set.
Number Date Number Name Amount Invoice Description
Check Total 154028.00
051490 08/07/24 PCE01 PRECISION CIVIL ENGINEERI 30.00 29156 GENERAL ENGINEERING
20.0 29158 WWTP EEMA PROJ
190.00 29755 CENTER ST TRAIL CONN
440.00 29756 NWTE CLARIFIER
2370.00 29757 SB1 SIDEWALK/BIKE
628.75 29758 RAILDROAD CULVERT DESIGN
3635,00 29760 SB1 6TH PAVING STREET
180.00 19920 CIP GENERAL TRANS
11013.55 3921 SHERIDAN PARK GRANT
2200.00 922 EATON PARK
16666. ALLEY PAVING PROJ.
2100. MACIAS TRACT
4980. MACIAS TRACT INSP
907. SEQUIOA PARK GRANT
9850. BHI 6TH PAVING STREET
1855. 928 CIP GENERAL ENG
929 LEAP GRANT ADMIN
ZU
20. 9930 WWTP WASH DOWN SYS
9931 PARK BLVD GRANT PROJ.
12625.39
29932 GENERAL ENGINEERING
6840. 29933 SBI SIDEWALK/BIKE
330.00 29934 PLANNING WELL GRANT
21586.25 29935 SMALL COMM. GRANT DWE
Check Total.....: 112794.80
051491 08/12/24 HUB01 HUB INTERNATIONAL INSURAN 122868.00 3737107 TRAVELERS PROP INS. FY-25 COMMERCIAL RENEWAL 051492 08/15/24 APVO1 VESTIS - ACCOUNTS RECEIVA 580400278 JANITORIAL SUPPLIES -VP COMMUNITY CNTR #2580400278 121:19 JANITORIAL SUPPLIES - SENIOR CENTER #2580400279
580400279
15.0t 580400280 UNIFORM SERVICES - WIP #2580400280
52.73 580400281 UNIFORM SERVICES - PND #2580400281
15.11 580400282 UNIFORM SERVICE - WWTP #2580400282
86.65 580400287 JANITORIAL SUPPLIES - WTP #2580400287
76.59 580400290 JANITORIAL SUPPLIES - WWTP #2580400290
264.59 580400293 JANITORIAL SUPPLIES - CITY HALL #2580400293 207.19 580400294 JANITORIAL SUPPLIES - PWD #2580400294
Check Total..: 928.84
05149308/15/24 ARBS1 ACHE ROTARY BROOM SERVICE 2583 CONTROL CLUSTER - SWEEPER 1369:99 2580 GUTTER BROOMS - SWEEPER
Check Total..........: 2047.90
051494 08/15/24 COC12 CITY OF ORANGE COVE 2333.37 24CAN0025 SUBSISTENCE/WATER M.R. #CAN0025 REPORT.: Sep 20 24 Friday i CITY OF ORANGE COVE
RUN... Sep 20 24 Time: 08:15
Run By.: Danny Jimenez Check listing for 08-24 thru 08-24 CFor 03-24 Sement -24 Bank Account.: 1010 CTL.: ORA Check Check Vendori Net
Number Date Number Name Amount Invoice # Description
....
051495 08/15/24 COC12 CITY OF ORANGE COVE 921.56 24GUI0001 SUBSISTENCE/WATER P.G. #GUI0001 051496 08/15/24 ECN01 RAUL HERRERA ECN POLYGRAP 250.00 JULY-2024 PRE-EMPLOYMENT POLYGRAPH -H.MEDINA #OCPD-JULY-2024 051497 08/15/24 KRC01 KRC SAFETY CO, INC. 986.50 64585 STREET SIGNS 051498 08/15/24 LAW04 LAW & ASSOCIATES INVESTIG 800:00 24-134 BACKGROUND NEW HIRE - H MEDINA 051499 08/15/24 NTU01 NTU TECHNOLOGIES INC 8937.70 I2H47 CHENTCALS 051500 08/15/24 PAR34 DANIEL T. PARRA 409.50 0136 MEDICAL REIMB. 405.00 0159 MEDICAL REIMB,
Check Total... 814.50
051501 08/15/24 PC007 PATRICK CHAFFEE 9625.00 OC-004 BANK REC/AUDIT PREP 8500.00 OC-005 PROFESSIONAL SERVS. - ADUIT PREP SERVICES Check Total. 18125.00
051502 08/15/24 PGE01 PG 4 E 659.29 24ALA8523 SUBSISTENCE/PG&E M.A. ACCT #3229441852-3 051503 08/15/24 PGE01 #G 4 E 929.18 24GUT4557 SUBSISTENCE/PG&E F.G. ACCT #1483964455-7 051504 08/15/24 PGE01 838.45 24LE07456 SUBSISTENCE/PG&E I. L. ACT #2011124745-6 051505 08/15/24 PGE01 PG & E 2666.63 24ROD2742 SUBSISTENCE/PG&E M.R. ACCT #9159392274-2 051506 08/15/24 SOC22 SO CAL, GAS 84.06 24ALA9627 SUBSISTENCE/GAS M.A. ACCT #021 192 4962 7 051507 08/15/24 SOC22 SO CAL GAS 585.36 24GUI1002 SUBSISTENCE/GAS P.G. ACCT #124 014 8100 2 051508 08/15/24 TTS02 STEELE PRINTING 450.54 B1233 ANIMAL CONTROL DOOR HANGERS 051509 08/15/24 UNDO1 UNDERGROUND SERVICE ALERT 528.21 228412024 MEMBERSHIP FEE 051510 08/15/24 USA01 USA BLUE BOOK V00416950 LOG BOOK & FILTER INVOICE #INV00416950 303:35 V00421072 TUBING & PUMPS INVOICE #INV00421072
V00424559 SAMPLE BOTTLES INVOICE #INV00424559
Check Total..........: 10748.11
051511 08/15/24 VUL02 VULCAN MATERIALS COMPANY 521.92 74063752 COLD MIX 051512 08/15/24 PD001 PENA'S DISPOSAL 49220.34 08/13/24 UTILITY ACCOUNTING FOR MAY 2024 - SERVS. RENDERED 051513 08/15/24 SLOG1 SITELOGIO, INC. 6300.00 007385 ENERGY MGMT. SERV YR 1 CITY OF GRANGE COVE PAGE: 005
Cash Disbursement Detail Report ID #: PY-DP
in By.: Danny Jimene Check Listing for 08-24 thru 08-24 Bank Account.: 1010 CTL.: ORA Vendo
lumber Nat Invoice # Description
051514 08/23/24 APVO1 VESTIS - ACCOUNTS RECEIVA 182.13 580400299 JANITORIAL SUPPLIES - PD #2580400299
9.18 580403586 JANITORIAL SUPPLIES - VP CENTER #2580403586
50.24 580403587 JANITORIAL SUPPLIES SENIOR CENTER #2580403587
52.73 580403589 UNTFORM SERVICES PWD #2580403589
15.11 580403590 UNI FROM SERVICES - WWTP #2580403590
99.20 580403595 JANITORIAL SUPPLIES WTP #2580403595
76.59 58040 JANITORIAL SUPPLIES - WWTP #2580403598
82.65 JANITORIAL SUPPLIES - CITY HALL #2580403601
79.77 JANIOTORIAL SUPPLIES PWD #2580403602
99.18 JANITORIAL SUPPLIES VP CENTER #2580406914
$0,24 JANITORIAL SUPPLIES - SENIOR CENTER #2580406915
15.01 UNIFORM SERVICES - WTP #2580406916
52.73 UNIFORM SERVICES PWD #2580406917
15. 11 UNIFORM SERVICES - WWTP #258406918
86. JANITORIAL SUPPLIES - WTP #2580406923
59 JANITORIAL SUPPLIES WWTe #2580406926
88. JANITORIAL SUPPLIES CITY HALL #2580406929
79. 77 JANITORIAL SUPPLIES PWD #2580406930
182.13 JANTTORIAL SUPPLIES PD #2580406935
99. 580- JANITORIAL SUPPLIES - VP CENTER #2580410234
50.24 5804 JANITORIAL SUPPLES - SENIOR CENTER #2580410235 01 580410236 UNIFORM SERVICE - WTP #2580410236
580410237 UNIFORM SERVICES - PWD #2580410237
580410238 UNIFORM SERVICES - WWTP #2580410238
86. 65 580410243 JANITORIAL SUPPLIES - WTP #2580410243
76.59 580410246 JANITORIAL SUPPLIES #2580410246
82.65 580410249 JANITORIAL SUPPLIES - CITY HALL #2580410249 207.18 580410250 JANITORIAL SUPPLIES - PWD #2580410250
99.18 580413592 JANITORIAL SUPPLIES - VP CENTER #2580413592
50.24 580413593 JANITORIAL SUPPLIES - SENIOR CENTER #2580413593
15.01 580413594 UNIFORM SERVICES - WTP #580413594
52.73 580413595 UNIFORM SERVICES - PWD #2580413595
15.11 580413596 UNIFORM SERVICES - WWTP #2580413596
86.65 580413601 JANITORIAL SUPPLIES - WTP #2580413601
134.90 580413604 JANITORIAL SUPPLIES - WWTP #2580413604
37.26 580413607 JANITORIAL SUPPLIES - CITY HALL #2580413607
79.77 580413608 JANITORIAL SUPPLIES - PWD #2580413608
182.13 580413613 JANITORIAL SUPPLIES PD #2580413613
Check Total... 2971.86
051515 08/23/24 BMI01 BADGER METER, INC 646.18 80157157 SERVICE UNIT 80165621 SERVICE UNIT
Check Total..........: 1253.14
051516 08/23/24 BOR01 BUREAU OF RECLAMATION 3690.58 804170617 CITY WATER PURCHASE - #1804170617 REPORT.: Sep 20 24 Friday CITY OF ORANGE COVE PAGE: 006 RUN. Sep 20 Time: 08:15 Cash Disbursement ID #: PY-DP
-24 BaRk Account.: 1010
Check Listing for 08-24 thrul 08-24 ORA
Check Check Vendor Net
Number Date Number Name Amount Invoice # Descripton
------- ----
051516 08/23/24 BQR01 BUREAU OF RECLAMATION 994.00 804170619 CITY WATER PURCHASE - #1804170619 Check Total. 4684.59
051517 08/23/24 BSK01 BSK ASSOCIATES AH18671 WATER SAMPLING 2921:34
AH18679 WASTE WATER SAMPLING
Check Total.... 4071.34
051518 08/23/24 CMM01 CITRUS MINI-MART 3378.28 1266 GASOLINE CITY VEHICLES - JULY 2024 051519 08/23/24 FCSFE FRESNO COUNTY SHERIFF 13003.74 S021943 DISPATCH SERVICES - AUG. 2024 051520 08/23/24 F0002 FOOTHILL AUTO TRUCK & AG 944059 LIFT SUPPORT 23:11 944091 PAINT
Check Total..........: 94.99
053521 08/23/24 FWUA1 FRIANT WATER AUTHORITY 1726.00 117599 MONTHLY FRC ROUTINE COSTS 051522 08/23/24 HACO1 HACH COMPANY 3383.19 14127307 LAR TURRIDIMETER 051523 08/23/24 ICC02 INTERNATIONAL CODE COUNCI 170.00 000025536 ICC GOVERNMENTAL MEMBER 051524 08/23/24 OCTS1 ORANGE COVE TIRE SERVICE 49.- 30444 OIL PILTER
2.0 30461 DOG FOOD ANIMAL CONTROL
168.01 30531 DOG FOOD - ANIMAL CONTROL
111.26 30559 TIRE REPAIR SOIL
33.00 30572 DOG FOOD - ANIMAL CONTROL
Check Total..: 502.44
051525 08/23/24 ODCO1 OVERHEAD DOOR CO. OF 444.00 69176 LABOR AND PARTS 051526 08/23/24 PGE05 PG&E CEM/PPC DEPARTMENT 16544.58 127534759 STREET LIGHT SERVICE - CONTRACT #50107720 V1 051527 08/23/24 QUI05 QUILL, CORPORATION 126.30 39423697 OFFICE SUPPLIE - COPY PAPER
26.59 39469133 CLEANING SUPPLIES - SENIOR CENTER
128.48 39493309 HP 962/XL/INK PK
52.90 39627965 OFFICE SUPPLIES - FOLDER FILE
31.29 39698996 OFFICE SUPPLIES - ANIMAL CONTROL
78.22 39766601 OFFICE SUPPLIES - PD
160.42 39888317 OFFICE SUPPLIES
13.81 39892028 OFETCE SUPPLIES
267.76 39893207 MICROWAVE
21.15 39984568 OFFICE SUPPLIES
Check Total.. 906.B8
051528 08/23/24 T&J01 VALLEY CAS 5818.33 JULY 2024 GAS FOR PATROL UNITS CITY OF ORANGE COVE PAGE: 007
un By Bang in 520: 08-15 ID #: PY-DP
Check Listing for 08-24 thru 08-24 C102 D8-24 Seru 08-24 BaR% Account. : 1010 CTL. : ORA Check Check Vendor Net
lumber Date Number Name Amount Invoice # Description
----
051529 08/23/24 VAL12 VALLEY SOIL & FOREST 269.75 49793 BASE ROCK 051530 08/26/24 PGE01 712.70 24GAR2871 SUBSISTENCE/PG&E H.G. #2577833287-1 051531 08/26/24 SOC22 SO CAL GAS 24.76 24 GAR3844 SUBSISTENCE/GAS H.G. #155 514 7384 4 051532 08/26/24 PGE01 PG & E 7580.8 JUNE2024 Utilities Public Works 1939.0 MAY 2024 UTLITIY ELECTRICITY FOR ALL DEPTS.
Check Total. 59519.54
051533 08/30/24 APVO1 VESTIS - ACCOUNTS RECEIVA 80.84 580293613 JANITORIAL SUPPLIES - WTP #2580293613 051534 08/30/24 CN002 AT&T - CALNET 565.6 2042495฿ COMMUNICATION ACCT #9391062197 7/24/24-8/23/24 744.2 21306834 COMMUNICATIONS ACCT #9391062904
41.54 22044145 COMMUNICATIONS ACCT #9391062200
39.29 22044146 COMMUNICATIONS - ACCT #9391062201
39.7 22044147 COMMUNICATIONS ACCT #9391062202
3841.43 022044141 COMMUNICATIONS - SNACK BAR ACCT #9391062196 2125.19 022044143 COMMUNICATIONS -COUNTY INTERNET ACCT #9391062198 253.16 022044148 COMMUNICATION - ACCT #9391062203
294. 022044149 COMMUNICATIONS -COUNTY INTERNET ACCT #9391062204 738.58 022044151 COMMUNICATIONS -COUNTY INTERNET ACCT #9391062206 325.0 022048818 COMMUNICATION -COUNTY INTERNET PD ACCT #9391062194
60.5 COMMUNTCATTONS - COUNTY INTERNET ACCT #9391066128
Check Total... 13569.16
051535 08/30/24 CTES1 CALIFORNIA TURE EQUI PMENT 1038.98 645362 GRAVLEY RIDER MOWER MAINTENANCE 051536 08/30/24 PCE01 PRECISION CIVIL ENGINEERI 315.00 30060 CIP GENERAL ENG. 1215.00 30061 CIP GENERAL TRANS
14015.00 30062 SHERIDAN PARK GRANT
1570.00 30063 SINGH DEVELOPMENT
7839.00 30065 SMALL COMM GRANT DWR
1962.50 30066 ALLEY PAVING PROJ.
25462.50 30067 SBI SIDEWALK/BIKE
750.00 30068 AMAYA APTS TRANS
1900.00 30069 MACIAS TRACT INSH.
1595.00 30070 MACIAS TRACI INSP.
1090.00 30071 SEQUIOA PARK GRANT
6217.50 30072 AMAYA BIKE LANE STI
3870.00 30073 AMAYA AHSC
2540.00 30074 LEAP GRANT ADMIN
180.00 30075 BELL CARTER ENG
2685.00 30076 CIP PLANNING
3465.48 30077 GENERAL ENGINEERING
CITY OF ORANGE COVE PAGE:
Sep 20 24 for 0-24 Ser 0-24 BaRk Account.: 1010
Check Listing for 08-24 thru 08-24 ORA
Check Check Vendor Net
Number Dáte Number Name Amount Invoice # Description
----
051536 08/30/24 PCE01 PRECISION CIVIL ENGINEERI 30078 PARK BLVD GRANT PROJ 21343.35 30080 PLANNING WELL GRANT
Check Total.. ....: 101756.73
051537 08/30/24 CSJVR CENTRAL SAN JOAQUIN VALLE 152744.00 INV0058 2024/2025 1ST QUATER DEPOSIT RMA WORKERS COMP 051538 08/30/24 DAP01 DODSON AUTO PARTS 243 53454 RUST PRIMER
8.6 53462 FILTERS
37.38 53463 O1L
29.73 53430 CABIN FILTER - SWEEPER
109,96 53472 FILTERS
139.12 53474 DIL
6.46 53476 DIL
24.62 53494 BLUE DEF
86.53 53501 DIL
90.20 53503 DEL
27.16 53504 SNIVEL JACK
----
Check Total. 702. 78
051539 08/30/24 DLCO1 DINUBA LUMBER CO 703-32 195606 PEPT PRAYERS BRUSH SET 797029
Check Total..: 886.73
051540 08/30/24 FGS01 FRUIT GROWERS SUPPLY CO 92458260 SPRINKLER REPAIR - EATON PARK 11:12 02473833 HOOD CUMMER GALLON
30.74 92474220 SPRINKLER REPAIR
427.70 92476735 TRIMMERS
36.19 92477146 SHOVEL
IO.8: 92477278 PEST CONTROL
20.53 92477382 SPRINKLER REPAIR
45.12 92477403 WATER BOTTLE
6.84 92478292 HITCH PIN
5.36 92478444 PAINT BRUSH
170.15 92478466 TOOLS
Check Total...: 809.58
05154108/30/24 F0002 FOOTHILL AUTO TRUCK & AG 30.21 943966 OIL & LUBE
18.88 943967 LUBE
92.30 944019 AIR FILTER
22.11 944690 COOLANT - AOC VIH.
24.23 944718 NUTS & SCREWS
16.92 944745 FUEL CAP
Check Total.........: 204.65
051542 08/30/24 KRC01 KRC SAFETY CO, INC. 1424.32 64894 STREET SIGNS REPORT.: Sep 20 24 Friday CITY OF ORANGE COVE PAGE: 009 24 Cash Disbursement Detail Repor ID #: PY-DE
RUN....: Sep 20 Time: 08:15
Run By.: Danny Jimenez Check listing for 08-24 thru 08-24 ank Account.: 101/ CrL..: ORA.
Check Check Vendor Net
Number Date Number Name Amount Invoice # Description
051542 08/30/24 KRC01 KRC SAFETY co, INC. 1488.71 64959 STRIPING PAINT Check Total..........: 2913,03
051543 08/30/24 L.AW04 LAN 6 ASSOCIATES INVESTIG 1600.00 24-140 BACKGROUND NEW HIRE 051544 08/30/24 LOP50 LOPEZ, MARTINEZ SYLVIA 323.85 066664228 WORK JEANS REIMBURSEMENT 051545 08/30/24 REY04 ANAHI REYES 19.85 609697459 REIMBURSEMENT FOE PURCHASE - DOG SNACKS 051546 08/30/24 RL001 REEDLEY LUMBER CO. 9.27 K51093 REPAIR CLAMP 051547 08/30/24 SAM01 SAM JORGENSEN PUMP CO., 8172.70 2400492IN MOTOR REPAIR 051548 08/30/24 SUP03 SUPERIOR POOL PRODUCTS LL 2286.37 02027991 SODIUM HYPERCHLORITE 051549 08/30/24 T1I01 TELSTAR INSTRUMENTS INC 1370.00 122777 BOOSTER PUMP MAINT.
Cash Account Total... 1164354.32
Total Disbursements... 1164354.32
REPORT.: Sep 20 24 Friday CITY OF ORANGE DOVE PAGE: PAH: PY-DO RUN....: Sep 20 24 Time: 08:19 Cash Disbursement Detail Report Payroll Vendor Payment (s Run By.: Danny Jimenez Check Listing for 08-24 thru 08-24 ank Account.: 101 CTL.: ORA Check Check Vendor i Not
Number Date Number Name Amount Invoice # Description
---- •-- ---- ----
184.61 C40801 Garnishment
701732 08/02/24 CSD02 CALIFORNIA STATE DISBURSE
701733 08/02/24 EDDO1 EMPLOYMENT DEVELOP. DEPT. 8:80 C40801 State Income Tax 1040801
Check Total..........: 8.50
701734 08/02/24 PEROO CALIF. PUBLIC EMPLOYEES RE .00 C40801 PERS PAYROLL REMITTANCE 701735 08/02/24 SECOO UNION BANK C40801 Federal Income Tax 25:34 1C40801 Social Security
2C40801 Medicare
Check Total.... 118.39
701741 08/07/24 EDD01 EMPLOYMENT DEVELOP. DEPT. 3023,49 C40805 Ebate Income Tax 1181.79 1C40805
Check Total.... 4205.2B
701742 08/07/24 EDD02 ADD 3U1 90.06 C40805 SUI
701743 08/07/24 PEROO CALIF. PUBLIC EMPLOYEES RE 17093.84 C40805 PERS PAYROLL REMITTANCE 701744 08/07/24 PERO1 P.E.R.S. FOR THE 457 775.00 C40805 457 Plan 701745 08/07/24 SECOO UNION BANK 7124.90 C40805 Federal Income Ta 13321.46 408 ocial Securit
3115.50 :408 Medicar
Check Total.........: 23561.76
701746 08/07/24 STA20 STATE DISBURSEMENT UNIT 30:00 C40803 Garnishment 1C4080, Misc Deductior
Check Total...: 775,59
701753 08/23/24 | CSD02 CALIFORNIA STATE DISBURSE 184.61 C40819 Garnishment 701754 08/23/24 EDDO1 EMPLOYMENT DEVELOP. DEPT. 2733-38 State Income Tax
10.66 C40822 State Income Tax
1083.44 1C40819 SDI
95.19 1C40821 SDI
30.36 1C40822 SDI
Check Total..........: 3953.03
701755 08/23/24 EDD02 EDD SUI 41.30 C40819 SUI
REPORT.: Sep 20 24 Friday CITY OF ORANGE COVE PAGE: 011 RUN. Sep 20 24 Time: 08:15 Cash Disbursement Detail Report Payroll Vendor Payment (s) ID #: PY-D Run By.: Danny Jimenez Check Listing for 08-24 thru 08-24 Bank Account.: 1010 TL.: ORA Check Check Vendor hiet
Nusber: Date Jumber Name Anount Invoice# Description
--
101755 08/23/24 EDD02 EDD SUI 72,29 C40822 SUI
Check Total.. 113.59
701756 08/23/24 PEROO CALIF. PUBLIC EMPLOYEES RE 16575.90 C4QB19 PERS PAYROLL REMITTANCE 562:00 C00821 PERS PAYROLL REMITTANCE
C40832 PERS PAYROLL REMITTANCE
Check Total......... 17138.36
701757 08/23/24 PERO1 P.E.R.S. FOR THE 457 775.00 C40819 157 Plan 701758 08/23/24 SECOO UNION BANK 6528.14 C40819 Federal Income Tax . 00 C40821 Federal Income Tax
. 00 C40822 Federal Income Tax
12212.96 1C40819 Social Security
1073.10 1C40821 Social Security
342.18 1C40822 Social Security
2856.30 2C40819 Medicare
250.96 2C40821 Medicate
80.02 2C40822 Medicare
Check Total..........: 23343.66
701759 08/23/24 STA20 STATE DISBURSEMENT UNIT 725÷99 C40819 Garnishment 701760 08/30/24 COL10 COLONIAL LIFE 155.02 C40830 Accident Insurance
10.12 1C40830 Critical Illness Ins
178.32 2C40830 Life Insurance
Check Total...... 343.46
701761 08/30/24 IUO00 IUOE LOCAL 39 751.09 C40830 Union Due Local 39 701762 08/30/24 TRA08 TRANSAMERICA EMPLOYEE BEN 374.45 C40830 Life Insurance Trans Cash Account Total...... 91516.66
Total Disbursements.....: 94516.66
4.f.
For the Meeting of September 25, 2024
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Dario Dominguez, Public Works Director
Subject: Approve Resolution No. 2024-27 authorizing the City of Orange Cove to prepare applications for local, state, and federal programs, projects and authorize the City Manager to execute the necessary assurances and administer the programs.
Attachments: Resolution No. 2024-27
Photos of older mower and new mower
RECOMMENDATION:
Approve Resolution No. 2024-27 authorizing the City of Orange Cove to prepare applications for local, state, and federal programs, projects and authorize the City Manager to execute the necessary assurances and administer the programs.
BACKGROUND:
The department is looking in applying for a new electric mower through the San Joaquin Valley Air Pollution Control District - Public Benefit Grant Program. We have been in discussions with the Air District and determined that the City is highly eligible to apply for the Zero Emission Landscaping Equipment (ZELE) Voucher Program.
The next steps are:
Step 1 - Pre approval
Step 2 - Submit the application, and a quote that has already been generated through CAL TURF of approximately $20,000. Include the approved resolution.
Step 3 - Receive response from the Air District.
Step 4 - Sign agreements, then we will receive the vouchers Step 5 - Order the equipment from CAL TURF
Step 6 - Receive equipment from CAL TURF
Step 7 - Final step is to pay CAL TURF, then City will submit reimbursement forms to the Air District.
CONFLICT OF INTEREST:
None
1 of 2
FISCAL IMPACT:
The City will save approximately $15,000 by turning in the 1992 mower and obtaining a new 2024 mower. The total cost of the mower is approximately $20,000. The difference will come out of the general fund.
Prepared by: Public Works Director Approved by: Dario Domnguez REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X_ Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:
Redevelopment Agency
2 of2
RESOLUTION NO. 2024-27
A RESOLUTION OF THE COUNCIL OF THE CITY OF ORANGE COVE, CALIFORNIA,
AUTHORIZING THE CITY OF ORANGE COVE TO PREPARE APPLICATIONS FOR
AND TO SIGN CERTAIN ASSURANCES WITH RESPECT TO APPLICATIONS FOR LOCAL, STATE, AND FEDERAL PROGRAMS, PROJECTS, OR GRANTS. THERETO;
AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE PROGRAM.
WHEREAS, Several Local, State and Federal programs allow public and non- profit transportation providers to apply for administration, capital, and operation assistance programs or grants; and
WHEREAS, City Council must authorize someone by resolution as the "Authorized Individual" to make application and administer the Zero-Emission Landscaping Equipment (ZELE) Voucher Program;
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND that the City of Orange Cove City Council hereby authorizes City Manager Daniel T. Parra to prepare an application and, to sign required assurances and to administer the Zero- Emission Landscaping Equipment (ZELE) Voucher Program with respect to applications for Local, State and Federal programs, projects or grants, on behalf of the City.
PASSED AND ADOPTED by the City Council of City of Orange Cove, State of California this 25t day of September 2024, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
APPROVED:
Diana Guerra Silva, Mayor
ATTEST:
Cynthia Cisneros, City Clerk
California Turf Equipment & Supply, Inc
956 North J Street
Tulare, CA 93274
Phone 559.688.2505
- CAL TURF
GREENWORKS
BRE COMMERCIAL
NEW UP GeNDE!
CZ60R8X CZ60R18X CZ60R24X
Battery 8kWh 18kWh 24kWh
Coverage 7 acres 16 acres 21 acres
Runtime 2.5 hours 6 hours 8 hours
Charge Time 2.5 hours 2.5 hours 3 hours
Cutting Speed 10mph 16mph 16mph
5-Year or 1,000 5-Year or 2,000 5-Year or 2,000
Warranty Hours Hours Hours
Price $12,999 $22,999 $26,999
Grant Amount Up to $15,000 $15,000 $15,000
Price Before Tax $0 $8,000 + Tax $12,000 + Tax
San Joaquin Valley Air Pollution Control District Process STEP 1 Submit a completed application along with supporting documentation • STEP 2 Receive a Voucher and Claim for Payment Form from the District • STEP 3 Purchase your new equipment and destroy your old equipment • STEP 4 Submit a Claim for Payment Packet for Reimbursement • STEP 5 Own and operate your new equipment for 36 months OLD
1992
OH DEAR E
5. a .
For the Meeting of September 25, 2024
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Dario Dominguez, Assistant City Manager
Subject: Approve the close-out of the 20-CDBG-CV2-3-00007 Subsistence Payments Program
Attachments: Copy of Published Notice
RECOMMENDATION:
Approve the close-out of the 20-CDBG-CV2-3-00007 Subsistence Payments Program.
BACKGROUND:
The City was awarded $152,649 in CDBG-CV2.3 funds and the City added $98,000 in non- federal funds for a total of $250,649 in response to the pandemic to aid City residents affected by Covid-19 in the form of Business Assistance. The Business Assistance program would be applicable to income eligible business owners/and or for the creation/retention of jobs for those with incomes at or below 80% of the County AMI, for the purpose of aiding businesses impacted by COVID-19. Permission to incur costs was received in October 2021. The program provided income eligible business owners with up to $35,000 in assistance. Aggressive marketing efforts were conducted; however, interest was very low, despite these efforts with only one (1) business being awarded the full amount. On October 31, 2022, the City submitted an amendment proposing a change in activity that would provide Subsistence payments (rent, mortgage, and/or utilities) to low-income households/individuals impacted by COVID-19 living within the City since the subsistence program (20-CDBG-CV2-3-00002) revealed the evident need.
HCD approved the amendment on February 28, 2023, and the City began accepting applications. The program provided income eligible households with up to $5,000 in assistance to cover past due and/or currently due mortgage payments, rent payments, and utility expenses for up to 3 consecutive months as grants with no repayment obligation. The grant's original expiration date was October 11, 2023. However, the City submitted an extension to allow for more time to assist the residents of Orange Cove. HCD approved the extension to October 11, 2024.
Applications Received 127
Households Assisted 97
Applications Denied 30
1 of 2
Note: Applications denied are typically due to tailure of applicant to provide necessary documentation or applicants not meeting eligibility requirements. Rental, Mortgage, Utilities will not add up to applications completed due to some households receiving more than one form of assistance.
Budget Total Expenses Disencumbered Funds
Total Admin: $32,584 $22,042 $32.15
Total Activity: $218,065 $218,065 $O
At this time, the City is working with its subrecipient, Self-Help Enterprises (SHE), in submitting any remaining financial and/or activity reports. Once all reports are approved the City will hav an estimated $32.15 remaining in administrative funds. These funds, if otherwise instructed b HCD, will be disencumbered
Upon Council's approval, the City will continue to submit any financial and/or activity reports and will also submit closeout documents to HCD when appropriate, thus completing all obligations under the grant.
CONFLICT OF INTEREST:
None.
FISCAL IMPACT:
No fiscal impact
Prepared by: Assistant City Manager Approved by: Dario Dominguez REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent _X_ Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:
Redevelopment Agency
2 of2
MID-VALLEY TIMES City of Orange Cove
NOTICE OF PUBLIC
HEARING
M BEFORE THE
1059 G STREET, REEDLEY, CA 93654 ORANGE COVE
CITY COUNCIL
TELEPHONE (559) 638-2244 O PROVIDE A
PPORTUNIT
FOR CITIZEN
PARTICIPATION, THE
CITY OF ORANGE COVE CITY OF ORANGE
COVE WILL HOLD
633 6TH STREET
NOTICE E SEREY
ORANGE COVE, CA 93646
before
SUPERIOR COURT OF THE STATE OF
CALIFORNIA, COUNTY OF FRESNO
PUBLIC HEARING Cove, CA.,
6:30 PM.
GRANT CLOSEOUT totaling
CDBG funds
$250,649 in response
to the pandemic to aid
City Orange Cove
Case Number residents affected
DECLARATION OF PUBLICATION Business Assistance
The Business
(2015.5 C.C.P) Assistance
program
be applicable
Would income-eligible
business owners/and
Declaration of Publication or for the creation/
retention of iobs. The
program provided
income-eligible
STATE OF CALIFORNIA owners with
business
County of Fresno assistance. The grant's
original expiration date
However, How cler 11, 023. City
Declarant says: submitted an extension
That at times herein mentioned is and was a citizen of to allow for more time to assist the residents
the United States, over the age of twenty-one years, of Orange Cove. HCD and not a party to nor interested in the within matter; approved the extension to October 11, 2024.
that declarant is, now and was at all times herein men- All interested persons should present thei
tioned, the Principal Clerk of the Printer of MID-VALLEY Jiews before or at the TIMES, a newspaper of general circulation (under Gov- public hearing. If you challenge any action
ernment Code Section 6024) by the Superior Court of in court, you may be limited to only those
the County of Fresno, State of California, under the date of June 19, 2019, by said Superior Court Case Number
19CEG01981; that the instrument of which the annexed
is a printed copy; has been published in each regular
and like issue of said newspaper (and not any supple-
ment thereof on the following dates, to wit:
I declare under penalty of purjury that the foregoing is true and correct.
9/12/24 Clerk, at 559-826-4488
Ext 213
MVT 9/12/24
EXECUTED ON SEPTEMBER 12 , 2024 at 800-37
Reedley, California.
Declarant
For the Meeting of September 25, 2024
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Megan Doda, City Attorney
Subject: Approval of July 1, 2024 to June 30, 2026 Memorandum of Understanding with Local 39.
Attachments: Memorandum of Understanding
RECOMMENDATION:
Staff recommends that the Council approve the July 1, 2024 to June 30, 2026 Memorandum of Understanding with Local 39.
BACKGROUND:
The City and Local 39 negotiated the attached Memorandum of Understanding, which covers the period of 2024-2026. The Memorandum of Understanding provides a 2% cost of living increase retroactive to July 1, 2024 and an additional 2.5% cost of living increase on July 1, 2025.
FISCAL IMPACT:
The cost of living increases will cost the City additional funds.
CONFLICT OF INTEREST:
None.
Prepared by: City Attorney. Approved by: Megan Dodd
REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item Matter Initiated by a Council Member
X Action Item Other
Department Report Continued to:
Redevelopment Agency
NEMA DUNOE DOERSANDONG
By and Between
The City of Orange Cove
And
THE INTERNATIONAL UNION OF
OPERATING ENGINEERS
STATIONARY ENGINEERS, LOCAL 39
OF
UNION CANIZED
540
SHEENIONA VINCIT
2024 - 2026
Table of Content
Article 1. 4
Preamble.. 4
A. Sole Agreement. 4
B. Governing Laws 4
Article 2...
A. Union Recognition.
B. Authorized Agents..
C. Recognition of Mutual Obligation...
D. Lockout and Strike. 6
E. Exchange of Information..
F. Union Bulletin Boards 6
G. Notice for Request of Leave to Attend Meet and Confer Sessions.. 6 Article 3.
A. Discrimination
Article 4..
A. Access.
B. Union Representation Rights
C. Employee Time Off 8
D. Union Membership and Dues Deduction 8
E. List of New Employees and Eligible Lists. 9
Article 5 9
A. Grievance and Arbitration Procedure. 9
B. Discipline 15
Article 6.. 22
A. Salaries. 22
B. Salary Step Advancement and Probationary Periods. 23 Article 7 30
A. Retirement Formula.. 30
B. Employees Contribution 30
Article 8... 31
A. Health and Welfare 31
1 Article 9.. 31
A. Hours of Work 31
B. Overtime 32
C. Compensatory Time Off 33
D. Standby Pay. 34
Article 10.. 35
A. Vacation.. 35
B. Sick Leave. 35
C. Maternity Leave. 37
D. Leave of Absence Without Pay….. 38
E. Holidays. 39
F. Bereavement Leave. 39
G. Jury Duty 39
Article 11 40
A. Distribution and Treatment Operators Certificate Incentive. 40 B. Certification Incentive Program. 40
C. Uniform Allowance 41
Article 12. 41
A. New or Revised Job Descriptions. 41
Article 13.. 42
A. Cooperation 42
Article 14.. 42
A. Contracting Out.. 42
Article 15. 42
A. Out of Classification Pay 42
Article 16. 43
A. Statement of Intent 43
B. Notification 43
C. Vacancy and Demotion in Lieu of Layoff. 43
D. Employee Rights. 43
E. Seniority 43
F. Order of Layoff 44
G. Re-employment List. 44
H. Duration of Re-employment List.. 44
I. Re-employment of Regular and Probationary Employees. 45 J.10 Seniority Lists 45
Article 17... 45
A. Savings Clause 45
Article 18 45
A. Term 45
Article 19.. 46
A. Reopener. 46
Exhibit A - Salary Schedule........
MEMORANDUM OF UNDERSTANDING ("MOU" or "Agreement") BETWEEN CITY OF ORANGE COVE ("City") AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 39, AFL-CIO ("Union")
ARTICLE 1
PREAMBLE
This Agreement, hereinafter referred to as the Agreement or Memorandum of Understanding, entered into by the City of Orange Cove, hereinafter referred to as the City, and the International Union of Operating Engineers, Stationary Engineers, Local 39, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious labor relations between the City and the Union, establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment.
A. SOLE AGREEMENT
The City and the Union both agree that this Agreement, when signed by both parties hereto, and approved by the City Council, supersedes and prevails over any past practice expressly covered by this Agreement and supersedes and supplements all other Agreements between the parties. Any benefits previously enjoyed by the employees not covered by this Agreement shall remain in effect during the term of the Agreement. In the event of a conflict between the language contained in this Agreement and the City of Orange Cove Personnel Rules for the City Personnel System, (hereafter referenced as "Personnel Rules"), the language contained in this Agreement shall prevail. ri Neither party shall be obligated to meet and confer during the term of this Agreement on any matter within this Agreement. However, if during its term, the parties hereto should mutually agree to modify, amend or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representative of the City and the Union. Any such changes validly made shall become a part of this Agreement and subject to its terms.
3. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.
B. GOVERNING LAWS
The legal relationship between the City and its employees, and the City and the Union is governed by Government Code (Section 3500 et seq., commonly know as the Meyers- Milias-Brown Act) and applicable Regulations of the Public Employment Relations Board (PERB). In the event of any conflict between said laws and this Agreement, said laws shall govern.
4 ARTICLE 2
UNION RECOGNITION
A. UNION RECOGNITION
The City acknowledges the Union as the sole and exclusive recognized employee organization representing the Miscellaneous Bargaining Unit for the purpose of meeting and conferring in good faith on matters within the scope of representation under the MMBA as related to employees covered under this Agreement, and to make every reasonable effort to reach agreement on a successor Agreement at least one week prior to the last regular Council meeting at which the City budget must be adopted for the ensuing fiscal year. In order that the meet and confer process may include adequate time for full consideration of the proposals of both parties and for resolution of any impasse, the City shall accept proposals from the Union as early as March 1, 2024.
2. There shall be no more than one revocation of representation election during the term of this Agreement.
B. AUTHORIZED AGENTS
For purposes of administering the terms and provisions of this Agreement:
1. The City's principal authorized agent shall be the City Manager or duly authorized representative of the City of Orange Cove (address: 633 Sixth Street, Orange Cove, CA 93646).
ri The Union's principal authorized agent shall be the Business Manager of Local 39 or duly authorized representative (address: 337 Valencia Street, San Francisco, California 94103; telephone: (415) 861-1135).
The Union agrees to meet and confer in good faith promptly upon reasonable request by the City and to continue every reasonable effort to reach agreement on matters within the scope of representation at least one week prior to the last regular Council meeting at which the City budget must be adopted for the ensuing fiscal year.
C. RECOGNITION OF MUTUAL OBLIGATION
The Union and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth herein, and to adhere in good faith to the terms and conditions set forth in this Agreement.
5 D. LOCKOUT AND STRIKE
1. No lockout of employees shall be instituted by the City during the term of this Agreement.
2. No unlawful strikes, or work stoppages by City employees, shall be caused, instigated, encouraged, condoned, participated in, or honored by the Union or its members during the term of this Agreement.
E. EXCHANGE OF INFORMATION
Union Stewards - A written list of the Officers of the Union and the Union Stewards with the specific areas they represent shall be furnished to the City immediately after their designation and the Union shall notify the City promptly in writing of any changes of such Union Officers or Stewards.
City Information - On a regular basis, the City shall provide to the Union a copy of amendments to the Personnel Rules, new and amended salary resolutions, new and amended position authorization resolutions, job bulletins for classes in this Unit, and copies of new and revised class specifications prior to promulgation, of which such class specification copies shall serve as notice to the Union relative to effects bargaining.
F. UNION BULLETIN BOARDS
The Union may use bulletin boards designated by the City to post materials related to Union business (political advertisements shall not be considered Union material). Any materials posted must be dated, initialed by the Union representative responsible for the posting. The Union agrees that nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. The City reserves the right to remove any material posted in violation of this section.
G. NOTICE FOR REQUEST OF LEAVE TO ATTEND MEET AND CONFER
SESSIONS
The Union shall provide the City not less than two days prior notice when requesting leave with or without pay to attend meet and confer sessions. When two day's notice cannot be provided, notice shall be provided as soon as possible.
This Section shall not be interpreted to require the City to grant any such leave, but instead is intended to provide prior notice of requests for leave, so that the City may attempt to allow such leave with a minimum of interruption of schedules and operations.
ARTICLE 3
DISCRIMINATION
6 A. DISCRIMINATION
The Union agrees that there will be no intimidation, coercion or interference against the City or any of its employees.
The City agrees that there will be no interference, restraint, or coercion against the Union or any employee because of Union membership or Union activity. This Article is not subject to the grievance procedure.
ARTICLE 4
ACCESS
A. ACCESS
Union staff and union stewards may have access to employees to represent them. Access shall not interfere with the work of the employees. Access to bargaining unit employees shall not be unreasonably withheld; however, it may be restricted for reasons of safety or security. If access is restricted, other reasonable accommodations will attempt to be made.
BUNION REPRESENATION RIGHTS
"Scope of Representation" means all matters relating to employer-employee relations, including, but not limited to wages, hours, and other terms and conditions of employment. The Union and the City agree that all employees in the Miscellaneous Bargaining Unit are guaranteed their rights as described in the Meyers-Milias-Brown Act.
In addition the City recognizes and agrees to deal with designated Union representatives regarding the enforcement of this Agreement, and when requested by the Union on the following:
Employee discipline cases, including investigatory interviews of an employee who is the subject of an investigation;
AWOL terminations;
Unsatisfactory performance evaluations;
Discussions with management regarding reasonable accommodations; C. EMPLOYEE TIME OFF
Employees shall be entitled to reasonable time off without loss of compensation, and without disruption or interference with the work of employees, Department, and/or without creating an unsafe work situation, and with prior notification to the Department 7 Head or City Manager, to confer with a Union representative on representational matters at the work site during work hours.
D. UNION MEMBERSHIP AND DUES DEDUCTION
1. General
The City shall deduct the dues or benefit premiums, or both, following receipt of notice from the Union that authorization has been provided to the Union by an employee in the Unit. The City shall stop dues deductions or benefit premium deductions, or both, upon receipt of notice from the Union that authorization has been provided to the Union by members in the Unit. Should there be a dispute regarding the deduction of dues, the Union shall provide the City with a copy of the authorizations) signed by the employee.
The Union. in consideration for and as a condition of the City withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with SB 866, shall hold harmless the City of Orange Cove, its officers, and employees from any liability that may result from making, canceling, or changing requested deductions.
2. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION
The member's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When a member is in a non- pay status for an entire pay period, no dues deduction shall be made from future earnings to cover that pay period, nor may the member be required to deposit, nor may the member deposit with the City Controller, the amount which would have been deducted if the member had been in a pay status during that period. In the case of a member who is in a non-pay status during only a part of the pay period and whose salary is insufficient to cover other legal and required deductions, no dues deduction or deposit shall be made.
3. DUES DEDUCTION
The Union may have the regular dues of its bargaining unit members deducted from their paychecks under procedures as follows:
The Union is solely responsible for distributing to, and collecting from, employees the dues deduction authorization forms. It is the employee's responsibility to submit requests to start or stop dues deductions directly to the Union and not to the City of Orange Cove The Union is responsible for maintaining the dues deduction forms from individual employees. Copies of an individual employee's dues deduction authorization need not be provided to the City unless a dispute arises about the existence or terms of the authorization. Questions regarding Union membership, dues amounts, and payroll deductions must be directed to the Union and not the City. 8 The Union will provide to the City an updated, certified dues deduction list of bargaining unit members who have provided written authorization for regular dues deductions. The City will deduct dues for only those employees who are in the bargaining unit in accordance with such certified list. The Union will immediately notify the City of any change to an employee's dues deduction, including starting and stopping dues deductions, or validly cancelling or revoking a dues deduction authorization, and will provide the City within one business day, an updated, certified dues deduction list noting any specific changes from the last list provided to the City. The City will implement the change(s) in the pay period following the City's receipt of such notification. The City will transmit the funds to the Union no later than thirty (30) days after the deductions occur.
The Union shall indemnify, defend, and hold the City, its officers, agents, and employees harmless from and against any and all claims, demands, losses, defense costs, suits, or other action or liability of any kind or nature arising from this section, including, claims for or related to employee authorizations, revocations, deductions made, cancelled, or changed in reliance on the Union's representations and certifications regarding employee dues deduction authorizations.
This section of the MOU is not subject to the grievance process.
E. LIST OF NEW EMPLOYEES AND ELIGIBLE LISTS
Within five (5) workdays of hire, the Union will be given a notice of the new hire, by name, department, and classifications represented by the Union.
The Union will also be notified when applications are being solicited for the establishment of new eligible lists for job classifications represented by the Union.
F. NEW EMPLOYEE ORIENTATION
In accordance with Assembly Bill (AB) 119 and Government Code Sections 3555-3559 the Union and City agree to the following:
New Hire Orientations:
During the month of December, the City shall provide the Union Representative with a list of the City's designated pay-period schedule for the following calendar year. Unless an observed holiday, all new hire orientations will take place on the first business day of the pay-period.
Via email, the City shall provide the designated Local 39 representative with newly hired employee information. This information will be provided within thirty (30) days of hire.
The notification shall include the following:
a. Employee name
b. Job classification
9 c. Work location
d. Phone number
e. Personal email address
f. Home address
On the day new hire orientation will take place, the City shall allow Local 39 to meet with newly hired employees represented by their bargaining group for up to thirty (30) minutes. If the new employee elects not to attend, the City shall provide the name, phone number and email address of the Union representative.
Bargaining Group List:
On a quarterly basis, the City shall provide Local 39 a list containing the following information:
a. Employee name
b. Job classification
c. Work location
d. Phone number
e. Personal email address
f. Home address
If the City does not have all the information listed above on file, the information that the City has access to shall be provided.
On a monthly basis, the City shall provide Local 39 with a list of employees who are no longer represented by the bargaining group due to status change (separation, retirement, move to another bargaining group, etc.). If no changes have been made from the previous month, no information will be provided.
ARTICLE 5
GRIEVANCE AND ARBITRATION PROCEDURE
A. GRIEVANCE AND ARBITRATION PROCEDURE
1. Purpose
The grievance procedure shall be used to process and resolve grievances arising under this Agreement and employment-related complaints.
The purposes of this procedure are:
a. To resolve grievances informally at the lowest possible level. b. To provide an orderly procedure for reviewing and resolving grievances promptly.
10 2. Definitions
a. A grievance is a good faith complaint of one or a group of employees, or a dispute between the City and the Union involving the interpretation, application, or enforcement of the express terms of this Memorandum of Understanding.
No matter shall be considered as a grievance under this Article unless it is presented within thirty (30) calendar days of when the grievant and/or Union became aware of the events on which the grievance is based. b. A complaint is a dispute of one or more employees involving the application or interpretation of a written rule or policy not covered by this Agreement.
Complaints shall only be processed as far as Step Three of the procedure herein and the decision of the City Manager shall be final.
c. As used in this procedure, the term "supervisor" means the individual who assigns, reviews and directs the work of an employee.
As used in this procedure, the term "party" means a Unit employee, the Union, the City, or their authorized representatives.
Time Limits
Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure. However, with the mutual consent of the parties, the time limitation for any step may be extended. Time limits referenced herein refer to calendar days.
Waiver of Steps
The parties may mutually agree to waive any step of the grievance procedure.
Presentation
At any step of the grievance procedure, the City or Union may determine it desirable to hold a grievance conference. If a grievance conference is scheduled, the grievant, or Union steward in the case of a class action grievance, may attend without loss of compensation.
Step One:
An employee's grievance initially shall be in writing and reviewed by the employee's immediate supervisor. Within ten (10) calendar days, the immediate supervisor shall give his/her written response.
Step One may be bypassed by the Union if the Supervisor does not have authority to make adjustment to the issue grieved.
11 Step Two:
If the grievance is not resolved in Step One of the procedure above, or if no response has been received by the last date due, a formal written grievance may be filed within ten (10) days of the supervisor's response. The formal grievance is filed with the employee's Department Head who shall have twenty-one (21) days to respond in writing to the grievance.
Step Three:
If the grievant or Union is not satisfied with the Step Two response, or if no response has been received by the last date due, the grievance may be appealed to the City Manager.
The appeal to the City Manager must be filed within fifteen (15) days of receipt of the Step Two response or of the last date when the Step Two response was due. The City Manager shall render a decision in writing to the employee within twenty-one (21) days after receipt of the grievance.
Step Four:
If the City Manager fails to respond in writing as provided in Step Three, or if the response is not satisfactory to the Union, the Union shall have the right to refer a maximum of four (4) matters annually (within a calendar year) to an arbitrator via a list of neutrals obtained from the State Mediation and Conciliation Service (SMCS). The request for arbitration must be given in writing to the City Manager by the Union within twenty-one (21) days after receipt of the Step Three response or of the last date when the Step Three response was due.
Any resolution of the grievance which does not involve the Union will not be considered precedential in any manner.
4. Arbitration:
Within twenty-one (21) days after the request for arbitration, the Union shall contact the SMCS to submit to both parties a panel of seven (7) neutrals/arbitrators. Upon receipt of such list, the parties shall alternately each strike three names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.
The arbitration shall be conducted in accordance with the following rules:
5. Costs:
All costs for the services of the Arbitrator, including, but not limited to, per diem expenses, travel and subsistence shall be shared equally by the employee's Union/Bargaining Association and the City. Any cost incurred to obtain the use of a hearing room shall be shared equally by the employee's Union/Bargaining Association and the City. All other costs shall be borne by the party incurring them.
6. Scheduling of Hearing:
12 The Arbitrator shall set the date, time and place of the hearing (such place shall be on City premises) and give not less than ten (10) business days' notice of such date, time and place to the employee or his/her authorized representative, the Personnel Officer and the City Manager, by certified United States Mail, postage prepaid.
7. Hearing Procedure:
The Arbitrator shall regulate the conduct of the hearing process. a. Right to Representation
• The employee may be represented at the appeal hearing by a representative of his/her choice who may or may not be an attorney. • The City may be represented by a representative of its choice who may or may not be an attorney.
b. Witnesses
Both the employee and the City shall have the right to call and cross-examine witnesses at the hearing, subject to the following:
• The employee and the City shall provide each other and the Arbitrator with a list of all witnesses (except rebuttal witnesses) intended to be called at the hearing no later than five (5) days prior to the hearing; • All witnesses shall testify under oath;
• The Arbitrator has authority to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Hearing Officer only for good cause. Each party is responsible for serving his/her/its own subpoenas.
Exhibits
Both the employee and the City shall have the right to present documentary and tangible evidence at the hearing, subject to the following:
• The employee and the City shall provide each other and the Arbitrator with an exhibit list and a copy of all exhibits (except rebuttal exhibits) intended to be introduced at the hearing no later than five (5) days prior to the hearing.
d. Conduct of Hearing
• The Arbitrator shall preside over the hearing and has the discretion to conduct the proceedings and allow admission of evidence based upon 13 such rules of procedure and evidence as the hearing officer shall choose. In no event shall the Arbitrator impose rules of procedure or evidence more stringent than the California Rules of Civil Procedure or the California Rules of Evidence.
• Irrelevant and unduly repetitious evidence may be excluded. • The hearing shall be recorded by an electronic process. • The Arbitrator shall determine the relevancy, weight and credibility of testimony and evidence. The Hearing Officer shall neither add to, detract from, nor modify the language of the City's Personnel Rules or policies in considering any issue properly before him/her. The Hearing Officer shall expressly confine himself/herself to the precise issues submitted and shall not have the authority to consider any issue not so submitted. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings.
• During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party.
• During the hearing, the City shall have the burden of proof and production that the discipline as imposed was correct based upon a preponderance of the evidence.
• The hearing shall proceed in the following order unless the Arbitrator directs otherwise:
i. The City shall be permitted to make an opening statement. ii. The employee shall be permitted to make an opening
statement.
iii. The City shall produce its evidence.
iv. The employee shall produce his/her evidence.
V. The City, followed by the employee, may offer rebuttal evidence.
vi. Closing arguments of no more than twenty (20) minutes may be permitted at the discretion of the Arbitrator. The City shall have the right to argue first, the employee may argue second, and the City may reserve a portion of its argument time for rebuttal.
14 8. Written Findings and Decision
Within thirty (30) days following the close of the appeal hearing, the Arbitrator shall issue a written Notice of Decision. The Notice of Decision shall specify the following:
a. Whether the discipline imposed is upheld, reduced, or voided; and b. The grounds upon which the decision is made.
The Notice of Decision and a copy of this Disciplinary Procedure and Appeal Process policy shall be mailed to the employee or the employee's representative by first-class mail, postage prepaid, including a copy of a proof of service.
If any portion of the discipline is reduced or voided, the employee shall be entitled to corresponding back wages and/or benefits lost, if any.
The decision of the Arbitrator shall be final and binding unless an action or proceeding is commenced in a court of competent jurisdiction to determine the validity of the decision as set forth below.
Judicial Review
Judicial review of any decision of the Arbitrator may be had pursuant to Section 1094.5 of the California Code Of Civil Procedure only if a petition for writ of mandate is filed within the applicable time limits. Pursuant to Section 1094.6 of the California Code Of Civil Procedure, the employee must file the petition in a court of competent jurisdiction within ninety (90) days after the Notice of Decision is mailed to the employee or will otherwise be considered to have waived the right to do so.
The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration held under this Agreement. The grievant, or Union Steward if a class action grievance, shall also attend the hearing on City time.
The arbitrator shall have no authority to add to, delete or alter any provisions of this Agreement, but shall limit his/her decision to the application and interpretation of its express provisions.
B. DISCIPLINARY PROCEDURE AND APPEAL PROCESS
As used in this section, "disciplinary action" shall mean any of the following and may be taken singularly or in combination:
1. Written Reprimand
A written reprimand shall be provided to an employee prior to being placed in the employee's personnel file. The employee shall have the right to have a written rebuttal attached to the written reprimand in the employee's personnel file if the rebuttal is 15 submitted to the City Manager's office within 10 days of the date the written reprimand was received. A written reprimand is not subject to appeal.
2. Reduction in Pay.
An employee's pay may be reduced for cause. A reduction in pay for disciplinary purposes may take one of two forms: 1) a decrease in salary to a lower step within the salary range; or (2) a decrease in salary paid to an employee for a fixed period of time.
Documents related to a reduction in pay shall become part of the employee's personnel file when the discipline becomes final. An employee subject to a reduction in pay will receive prior written notice and the opportunity to appeal in accordance with this disciplinary appeal process.
3. Demotion.
An employee may be demoted from his/her position for cause. Documents related to a demotion shall become part of the employee's personnel file when the discipline is final.
An employee subject to a demotion will receive prior written notice and the opportunity to appeal in accordance with this disciplinary appeal process.
4. Suspension.
An employee may be suspended from his/her position without pay for cause. Documents related to a suspension shall become part of the employee's personnel file when the discipline is final.
During suspension, vacation and sick leave shall not accrue. However, health, dental and life insurance shall remain in effect. An employee subject to suspension will receive prior written notice and the opportunity to appeal in accordance with this disciplinary appeal process.
5. Discharge.
An employee may be discharged from his/her position for cause. Documents related to discharge shall become a part of an employee's personnel file when the discipline becomes final. An employee subject to discharge will receive prior written notice and the opportunity to appeal in accordance with this disciplinary appeal process.
Administrative Leave With Pay.
The City may place an employee on administrative leave with pay pending investigation of misconduct, potential disciplinary action, or for any other reason that the Personnel Officer, in his/her sole discretion, believes warrants such leave. Administrative leave with pay shall not, in and of itself, be considered a disciplinary action and is not subject to any grievance, hearing or appeal procedure.
7. Notice of Intended Disciplinary Action.
16 In cases of proposed suspensions, demotions, reductions in pay or discharges (hereinafter referred to as "Significant Discipline"), the proposed disciplinary action shall be served on the employee personally or by mail, at last known address on file in the City Manager's office. The written notice of intended disciplinary action shall include:
a. The level of discipline intended to be imposed;
b. The specific charges upon which the intended discipline is based; c. A summary of the facts upon which the intended discipline is based; d. A copy of all written materials, reports, or documents upon which the intended discipline is based;
e. Notice of the employee's right to respond to the charges either in writing or orally, at the option of the employee. The employee shall be advised that he/she has seven (7) days within which to file a written response or request, in writing, a predisciplinary conference;
f. Notice of the employee's right to have a representative of his/her choice at the conference, should he/she choose to respond orally; and g. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline.
8. Employee's Response and the Predisciplinary (Skelly) Conference.
If the employee requests an opportunity to respond orally, the conference must be scheduled at least ten (10) days after the date of the Notice. The conference will be an informal meeting with the Department Head or designee, at which the employee has an opportunity to rebut the charges against him/her and present any mitigating circumstances. The Department Head or designee will consider the employee's presentation before any final disciplinary action.
The employee's failure to make an oral response at the arranged conference time, or the employee's failure to cause his/her written response to be delivered by the date and time specified in the notice, constitutes a waiver of the employee's right to respond prior to the imposition of the discipline. In that case, the proposed disciplinary action will be imposed on the date specified.
9. Final Notice of Discipline.
Within ten (10) days of the predisciplinary conference or within ten (10) days of the receipt of the employee's timely written response, the Department Head or his/her designee will: (1) dismiss the notice of intent and take no disciplinary action against the 17 employee; (2) modify the intended disciplinary action; or (3) impose the intended disciplinary action. In any event, the Department Head will prepare and provide the employee with a notice that contains the following:
a. The level of discipline, if any, to be imposed;
b. The effective date of the discipline;
c. The specific charges upon which the discipline is based; d. A summary of the facts upon which the charges are based; e. A copy of all written materials, reports, or documents upon which the discipline is based; and
f. A statement of the employee's right to appeal.
10. Right of Appeal.
If Significant Discipline is imposed on an employee following a predisciplinary hearing or after the employee submits a written response to the charges against him/her, the employee shall have the right to appeal the Significant Discipline in accordance with the procedures set forth herein.
An employee who chooses to waive the right to a predisciplinary hearing or the right to respond to the charges in writing, however, allows the discipline to be imposed as stated in the Final Notice of Discipline and shall not have a right to appeal the discipline.
11. Appeal and Request for Hearing.
The employee shall give written notice to the City Manager's office of his/her request to appeal the disciplinary action within ten (10) days after the employee receives the Final Notice of Discipline. The appeal shall include the following:
a. An admission or denial of each charge with an explanation of why the charge is admitted or denied;
b. A statement of any affirmative defenses;
C. A statement that the employee disagrees with the penalty with an explanation of the employee's position;
d. The employee's current mailing address; and
e. A request for a hearing.
An employee's failure to file an appeal within the ten (10) day period shall waive his/her right to a hearing and the Significant Discipline imposed by the Final Notice of Discipline shall be deemed final.
18 12. Discipline Remains in Effect.
If the employee requests an appeal of disciplinary action, it shall not prevent the discipline from being served or imposed prior to the appeal hearing.
13. Selection Of A Hearing Officer.
An appeal of a Final Notice of Disciplinary Action imposing Significant Discipline shall be heard by an independent Hearing Officer. Within five (5) business days of receiving an employee's appeal demanding a hearing the City Manager shall request a list of neutrals from the State Mediation and Conciliation Service (SMCS) not later than three (3) business days after receiving the list from SMCS, the City Manager and the employee or his/her authorized representative shall meet to select the Hearing Officer utilizing the alternate strike method.
The party striking first shall be determined by the toss of a coin. In the event the person selected as the Hearing Officer is unavailable to commence the hearing process within three (3) weeks of the date of selection, the parties shall request another name from the SMCS and shall proceed to select the Hearing Officer in the same manner provided above.
14. Costs.
All costs for the services of the Hearing Officer, including, but not limited to, per diem expenses, travel and subsistence shall be shared equally by the employee's Union/Bargaining Association and the City. Any cost incurred to obtain the use of a hearing room shall be shared equally by the employee's Union/Bargaining Association and the City. All other costs shall be borne by the party incurring them.
15. Scheduling of Hearing.
The Hearing Officer shall set the date, time and place of the hearing (such place shall be on City premises) and give not less than ten (10) business days' notice of such date, time and place to the employee or his/her authorized representative, the Personnel Officer and the City Manager, by certified United States Mail, postage prepaid.
16. Hearing Procedure.
The Hearing Officer shall regulate the conduct of the hearing process. a. Right to Representation
• The employee may be represented at the appeal hearing by a representative of his/her choice who may or may not be an attorney. • The City may be represented by a representative of its choice who may or may not be an attorney.
19 b. Witnesses
Both the employee and the City shall have the right to call and cross-examine witnesses at the hearing, subject to the following:
• The employee and the City shall provide each other and the Hearing Officer with a list of all witnesses (except rebuttal witnesses) intended to be called at the hearing no later than five (5) days prior to the hearing; • All witnesses shall testify under oath;
• The Hearing Officer has authority to issue subpoenas at the request of either party perio the earine seen of shal arised byte Hearing Officer only for good cause. Each party is responsible for serving his/her/its own subpoenas.
c. Exhibits
Both the employee and the City shall have the right to present documentary and tangible evidence at the hearing, subject to the following:
The employee and the City shall provide each other and the Hearing Officer with an exhibit list and a copy of all exhibits (except rebuttal exhibits) intended to be introduced at the hearing no later than five (5) days prior to the hearing
d. Conduct of Hearing
• The Hearing Officer shall preside over the hearing and has the discretion to conduct the proceedings and allow admission of evidence based upon such rules of procedure and evidence as the hearing officer shall choose. In no event shall the Hearing Officer impose rules of procedure or evidence more stringent than the California Rules of Civil Procedure or the California Rules of Evidence.
Irrelevant and unduly repetitious evidence may be excluded • The hearing shall be recorded by an electronic process. • The Hearing Officer shall determine the relevancy, weight and credibility of testimony and evidence. The Hearing Officer shall neither add to, detract from, nor modify the language of the City's Personnel Rules or policies in considering any issue properly before him/her. The Hearing Officer shall expressly confine himself/herself to the precise issues submitted and shall not have the authority to 20 consider any issue not so submitted. Decisions made by the Hearing Officer shall not be invalidated by any informality in the proceedings. • During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party.
During the hearing, the City shall have the burden of proof and production that the discipline as imposed was correct based upon a preponderance of the evidence.
• The hearing shall proceed in the following order unless the Hearing Officer directs otherwise:
i. The City shall be permitted to make an opening statement. ii. The employee shall be permitted to make an opening
statement.
ili. The City shall produce its evidence.
iv. The employee shall produce his/her evidence.
v. The City, followed by the employee, may offer rebuttal evidence.
vi. Closing arguments of no more than twenty (20) minutes may be permitted at the discretion of the Hearing Officer. The City shall have the right to argue first, the employee may argue second, and the City may reserve a portion of its argument time for rebuttal.
17. Written Findings and Decision.
Within thirty (30) days following the close of the appeal hearing, the Hearing Officer shall issue a written Notice of Decision. The Notice of Decision shall specify the following:
a. Whether the discipline imposed is upheld, reduced, or voided; and b. The grounds upon which the decision is made.
The Notice of Decision and a copy of this Disciplinary Procedure and Appeal Process policy shall be mailed to the employee or the employee's representative by first-class mail, postage prepaid, including a copy of a proof of service.
If any portion of the discipline is reduced or voided, the employee shall be entitled to corresponding back wages and/or benefits lost, if any.
21 The decision of the Hearing Officer shall be final and binding unless an action or proceeding is commenced in a court of competent jurisdiction to determine the validity of the decision as set forth below.
18. Judicial Review.
Judicial review of any decision of the Hearing Officer may be had pursuant to Section 1094.5 of the California Code of Civil Procedure only if a petition for writ of mandate is filed within the applicable time limits. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the employee must file the petition in a court of competent jurisdiction within ninety (90) days after the Notice of Decision is mailed to the employee or will otherwise be considered to have waived the right to do so.
19. Waiver.
An employee who chooses not to exercise his/her right to appeal a Final Notice of Discipline imposing Significant Discipline consistent with the terms and conditions of this Section 14 shall be barred from appealing the imposition of such discipline in superior or district court for failure to exhaust administrative remedies. This shall include any employee who chooses to prematurely terminate appeal proceedings before the Hearing Officer has issued the Notice of Decision.
20. Written Reprimands
Written reprimands may be appealed to the City Manager, in a meeting with the employee and, if requested by the employee, Union representative. The City Manager's decision will be given in writing and will be final.
21. AWOL Terminations
An employee terminated for an absence without leave pursuant to the Personnel Rules has the right to appeal the termination through the appeal procedure set forth above.
ARTICLE 6
SALARIES
A. SALARIES
Salary ranges for bargaining unit employees will be listed in a salary schedule to be attached as Appendix A. Employees shall receive a 2% cost of living increase July 1, 2024, and a 2.5% cost of living increase July 1, 2025.
B. SALARY STEP ADVANCEMENT AND PROBATIONARY PERIODS
Hiring
22 The City may fill any vacancies for currently existing permanent part-time and permanent full-time positions. From time to time, the City may employ temporary employees for an intermittent or short term of 90 days or less.
Hiring of temporary employees will be made where (i) the work required is based on an emergency short term basis, or (ii) where the work load is not year-round or of sufficient duration to justify a permanent part-time or permanent full-time position. The City will notify the Union of its intent to hire temporary employees prior to the actual hire date.
2. Administration and Review of the Compensation Plan
From time to time, the Personnel Officer may recommend to the City Council an appropriate salary range for each class. When the salary range for a class is changed by the City Council, all employees whose positions are affected shall be adjusted to the corresponding salary step in the new range, unless an alternate agreement is reached.
3. Compensation Plan Steps
The basic salary range for all classifications shall consist of salary steps ranging from 1 to
5. 4. Step Increases
Step increases are not automatic, but are merit-based and shall be granted for continued improvement and increased service value of an employee, and other pertinent factors as determined by the employee's Department Head and the Personnel Officer. Step increases shall be made only upon the recommendation of the Department Head concerned, and with the approval of the Personnel Officer.
Nothing herein prohibits the granting of a step increase to an employee at any time. No step increase shall be made so as to exceed any maximum rate established in the Classification and Compensation Plan for the class to which the employee's position is assigned.
a. Salary Step A shall be paid at initial employment and may be paid after one year of employment in ranges having an entry level step, where the employee has demonstrated satisfactory job progress and normally increasing productivity and upon recommendation of the Department Head and approval of the Personnel Salary Step B may be paid after six months at Salary Step 1 or after one year at Salary Step 1, in ranges having an entry level step where the employee has demonstrated satisfactory job progress and normally increasing productivity and upon recommendation of the Department Head and approval of the Personnel Officer.
23 c. Salary Step C may be paid upon completion of one year of employment in Salary Step 2 where the employee has demonstrated satisfactory job progress and productivity and upon recommendation of the Department Head and approval of the Personnel Officer.
d. Salary Step D may be paid upon completion of one year of employment in Salary Step 3 where the employee has demonstrated satisfactory job progress and productivity and upon recommendation of the Department Head and approval of the Personnel Officer.
e. Salary Step E may be paid upon completion of one year employment in Salary Step 4 where the employee has demonstrated satisfactory job progress and productivity and upon the recommendation of the Department Head and approval of the Personnel Officer.
f. For positions with I, II, and III classifications, etc,, Step 1 of II, III, and so on, will be equivalent to Step E of the previous classification.
5. Special Salary Adjustments
A Department Head may recommend to raise a regular employee to a higher range than his/her base range in recognition of meritorious service, advanced education beyond the requirements of the position he/she holds and other extraordinary attributes related to his/her public service. Such increased compensation is subject to the approval of the Personnel Officer and the availability of budgeted monies.
6. Personnel Officer Discretion
In any case where rigid adherence to the foregoing principles related to salary adjustment would cause a manifest injustice, the Personnel Officer, on recommendation of the Department Head, may make such order relating thereto as in its discretion is proper.
7. Application of Salary Ranges and Plan Steps
a. Appointment
Initial appointments shall normally be at the first step of the appropriate salary range.
The Personnel Officer may, at his/her sole discretion, make an appointment to a position at an appropriate higher salary step when it is difficult to acquire qualified personnel at the starting salary, or when the education or experience of a proposed employee justifies a beginning salary in excess of the first salary step.
b. Promotion
Any employee who is promoted to a position in a class with a higher salary range shall be placed on the step in the new higher range which is at least equal to an advancement of a full step over the step he held in his former range in the basic salary schedule. An 24 employee thus promoted is therefore assigned to a new salary anniversary date effective on the date of promotion.
An employee who, on his/her salary anniversary date, is promoted to a class with a higher salary range shall first receive any within range increase to which he/she is entitled, and then the higher step as provided in this section.
c. Transfer
Any employee who is transferred from one position to another position in the same class, or to another position in the same class, or to another position in a class having the same salary range, shall be compensated at the same step in the salary range as he/she previously received and his/her salary anniversary date shall not change. d. Re-Employment
An employee re-employed at any step above step "1" may be advanced to the next higher step in his/her range no sooner than one year from the anniversary date of his re- employment.
e Permanent Part-Time Employees
Permanent part-time employees shall be paid the hourly equivalent of the monthly salary paid to a full-time employee in the classification to which they are assigned. After completing the number of hours equivalent to full-time employment in each step. a permanent part-time employee may be eligible to advance to the next step in the salary range for the class to which he/she is assigned.
f. Demotion
Any employee who is demoted to a position in a class with a lower salary range shall have his/her salary reduced to the salary step in the range for the lower class which is:
I. If a disciplinary demotion, to any designated salary step in the lower range which is at least one step less than that received in the salary range for the class from which demoted. A new anniversary date shall be established on the basis of the demotion.
2. If a non-disciplinary demotion, to that salary in the dollar amount he/she would have received in that lower class if his/her services had been continuous in said lower class. He/she shall retain his/her current anniversary date. g. Reinstatement
An employee who resigned in good standing may, within two (2) years of such resignation and upon recommendation of the Personnel Officer, be reinstated in a position in the class in which he/she previously had served. Upon such reinstatement, his/her compensation shall be not more than that paid at the step in the salary range 25 he/she received prior to his/her separation and his/her anniversary date shall be based upon the date of reinstatement.
h. Compensation on Change in Range Assignment
Whenever a class is reassigned to either a higher or lower salary range by the City Council, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step in the new range that corresponds to the step he/she was receiving in the former range and he/she shall retain the same salary anniversary date. When a salary range reassignment becomes effective on the same date as an employee's salary anniversary date, he/she shall first receive any salary range increase to which he/she is entitled and then receive the corresponding step adjustment. i. Compensation on Position Reclassification
The salary of an employee in a position that is reclassified shall be determined as follows:
1. If the position is reclassified to a class with the same salary range as the previous class and if the incumbent is appointed to the reclassified position, the salary rate and the salary anniversary date of the employee shall not change. This provision shall also apply to a change of class title.
2. If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, then the salary of such employee shall be governed by subsection 8.03(B) of the City of Orange Cove Personnel Rules.
3. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, his/her salary shall not change.
If his/her salary is greater than the maximum step of the lower salary range, his/her salary shall be "Y" rated until such time as any general cost-of-living increase, inequity adjustment, or other salary increase results in a monthly salary appropriate for the class. The employee's salary anniversary date shall not change and he/she shall not be required to serve a new probationary period.
Compensation For Working on Holidays
Any employee, other than Police Department employees, who work on a shift basis and whose regular schedule requires him/her to work on a holiday, shall be paid at the rate of time-and one-half the hourly equivalent of his/her salary at the discretion of the Department Head.
Performance Evaluations
26 a) Policy
It is the policy of the City that regular reports be made as to the efficiency, competency, conduct and merit of its employees. To this end, it is declared to be the responsibility of the Personnel Officer, the Department Heads and their subordinate supervisors that these reports be made.
It is also declared that it is the responsibility of the Personnel Officer to provide and prescribe the forms and procedures to be used in such reports of performance and to assist in the training of supervisory personnel of the City so that the program of performance reporting will be carried on in a sound and effective manner. b) Schedule
1. Probationary Employees
Performance evaluation reports shall be prepared and a copy submitted to the Personnel Officer every three (3) months for probationary employees.
2. Regular Employees
Each year a performance evaluation report for regular employees shall be prepared within thirty (30) days prior to the employee's salary anniversary date.
A copy shall be submitted to the Personnel Officer.
In addition, a report may be prepared at any time by request of the employee or at the discretion of the employee's supervisor.
c) Authority to Make Reports
The Personnel Officer shall have the authority to make reports of performance, however, he/she may delegate such authority to subordinate supervisors who are most familiar with the work of the employee to be evaluated. The Personnel Officer shall review and approve all performance evaluations of personnel under his/her jurisdiction. d) Review with Employee
Each performance evaluation shall be thoroughly discussed with the employee to point out areas of successful performance and areas that need improvement. The employee shall also be encouraged to comment regarding his/her work performance, either in a written statement attached to the report or orally.
The employee shall sign the performance report to acknowledge that he/she is aware of its content and has discussed the report with the evaluator. The employee's signature does not necessarily mean that he/she fully agrees with the content of the report. e) Distribution of Reports
27 Reports shall be prepared and a copy shall be given to the employee. The reports shall also be placed in the subject department's file, and provided to the Personnel Officer for retention in the employee's personnel file.
f) Effects of Improvement Needed or Unsatisfactory Ratings Any employee who receives an overall "unsatisfactory" or "improvement needed" rating will not be eligible to participate in any promotional examination until a satisfactory rating is established.
An overall "unsatisfactory" rating shall result in the withholding of any step increases for which the employee may be eligible.
An overall "improvement needed" rating may result in withholding any step increase upon the recommendation of the Personnel Officer.
When an employee receives an overall "improvement needed" or "unsatisfactory" rating, he/she shall be re-evaluated within three (3) months to document performance.
If the employee's performance has improved to such an extent that the Personnel Officer believes it is justified to grant the employee a step increase that was previously withheld, the improvement shall be indicated on the report and the Personnel Officer may specifically recommend the restoration of any step increase which had been withheld, effective the first day of the pay period following the date of the report. The employee's salary anniversary date shall thereafter be the date of the increase.
10. Probationary Period
a) Regular Appointment Following Probationary Period
All original and promotional appointments shall be tentative and subject to a probationary period of not less than six (6) months of actual service to be determined for each class by the Personnel Officer. The Personnel Officer may extend such probationary period up to six (6) additional months. The Personnel Officer shall notify the subject probationary employee, two weeks prior to the termination of any probationary period.
If the service of the probationary employee has been satisfactory to the Personnel Officer, then he/she shall file a statement in writing to such effect and stating that the retention of such employee in the service is recommended. If such a statement is not filed, the employee will be deemed to be unsatisfactory and his/her employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed notice of the termination shall be served on the terminated employee by the Personnel Officer after the expiration of the probationary period. b. Objective of Probationary Period
The probationary period shall be regarded as a part of the selection process. It is a time during which the City determines whether work performance or work-related behavior 28 meets the required standards of the position.
c. Rejection of Probationary Employee
During the probationary period, an employee may be rejected at any time by the Personnel Officer without the right of grievance, appeal or hearing. Notification of rejection by the Personnel Officer shall be served on the subject probationary employee. d. Rejection Following Promotion
Any employee rejected during the probationary period following a promotional appointment, or at the conclusion of such probationary period by reason of failure of the Personnel Officer to file a statement that the employee's services have been satisfactory, shall be reinstated to the position from which the employee was promoted in the manner provided in the Personnel Ordinance and these Personnel Rules for positions in the competitive service. If there is no vacancy in such position, the employee may request to be placed on a Re-Employment List.
11. Seniority
a. Qualification
1. A probationary employee shall have no seniority until the employee has completed his/her probationary period. Upon completion of the probationary period, the employee will acquire seniority from the date of hire.
2. Whenever more than one person is appointed to the same class on the same day, the seniority of each individual will be equal.
b. Loss of Seniority
Seniority shall not be broken by vacations, sick time, any authorized leave of absence, or call to military service.
All seniority rights shall be lost by an employee if he/she:
1. Leaves City service.
2. Is terminated
3. Does not return to work when being recalled after a layoff.
4. Is laid off for one (1) year without being recalled. c. Effect of Classification Change on Rate of Compensation 29 Effective the date this Agreement is ratified and approved by the City Council, on a prospective, going forward basis, when an employee is moved permanently and not on a temporary or interim basis from one classification to another which has a higher salary, the employee shall move to the step in the salary range which is at least equal to a five percent (5%) salary increase to the position the employee is moved from, however, an employee cannot receive more than the top of the salary range.
C. LONGEVITY PAY
The City will provide a 2% salary increase to those employees who have remained City employees for twenty (20) consecutive years. This will be a one-time increase, and will only be provided if the employee has been employed by the City for twenty (20) consecutive years, with no gaps in time.
If an employee is on an approved leave and/or a disciplinary leave, time counted towards longevity will continue after the employee returns to paid status, but such leave shall not constitute a "break" in active service as it relates to longevity.
If an employee was previously full-time, transitioned to a part-time position and then was rehired to a full-time position, as long as the employee did not completely separate from employment with the City of Orange Cove, their previous years in a full-time position will count when calculating longevity pay. Such employees are responsible for notifying their Department Head and/or immediate supervisor in a timely manner if they believe they qualify. No retroactive pay will be provided for untimely notice.
ARTICLE 7
RETIREMENT
A. RETIREMENT FORMULA
Effective immediately the City shall during the term of the Agreement pay the rate prescribed for the Employer contribution into the PERS fund in accordance with the rules and regulations governing such employer contributions.
B. EMPLOYEE CONTRIBUTION
Employees shall contribute their portion of the PERS fund in the following manner:
1. All employees shall contribute the full employee portion of their PERS cost formula based on their retirement tier.
2. All employees retirement contributions shall be on a pre-tax basis. 30 ARTICLE 8
HEALTH AND WELFARE
A. HEALTH AND WELFARE
Health. Dental and Vision Insurance
The City will continue its medical, dental and vision plans in effect. Employees covered by the medical program, including spouse and/or dependents, will pay the cost outlined in PPO/HMO plan.
ri l Other Insurance Contribution (Opt Out Benefit)
a. With proof of other insurance, the City shall contribute up to three hundred dollars ($300) per month for each employee not enrolled in the City's Health and Welfare plan. The City contribution shall not exceed the health premium the employee is paying with a maximum of three hundred dollars ($300) per month. b. Eligible employees (i.e., with proof of other insurance) may continue this benefit as long as the employee continues to be employed with the City and does not discontinue enrollment in the benefits.
C. An employee receiving the opt out benefit of up to three hundred dollars ($300) will be required to submit proof of other insurance to the City on an annual basis and must notify the City if that insurance is discontinued for any reason. Proof of insurance will be shown by a group health insurance employee benefits card.
Employees wishing to re-enroll in the City Plan may do so during the City's open enrollment or if there is a change in the spousal plan (i.e. plan is discontinued or spouse is terminated)
3. Group Life Insurance Benefits
The City will provide each full time employee with fifty thousand dollars ($50,000) of term insurance with Accidental Death and Dismemberment coverage at no cost to the employee. Employees may also, through this plan, purchase additional coverage at the group rate.
ARTICLE 9
HOURS OF WORK AND OVERTIME
A. HOURS OF WORK
1. The standard workday for employees shall be eight (8) hours and the standard workweek shall be forty (40) hours to be worked within five (5) consecutive days. 31 2. All employees shall be entitled to one paid fifteen (15) minute rest period during the first consecutive four (4) hour period of work and one paid fifteen (15) minute rest period during the second consecutive four (4) hour period of work. Rest periods will be scheduled as close as possible to the middle of each four (4) hour period.
3. All employees shall be allowed an unpaid lunch period of at least thirty (30) minutes and not more than sixty (60) minutes in length, for every workday. Every effort will be made to provide this lunch period during the middle of the workday.
The City must provide a seventy-two (72) hour notice to affected employees when temporarily modifying an employee's regular schedule to address special service needs, employee training and or cross training, except for in the event of an emergency where 72 hour notice becomes impractical or would cause a health or safety issue
5. Alternate 9/8/80 workweeks may be established by the City. The workweek for employees assigned to work a 9/8/80 schedule shall consist of eight (8) nine (9) hour work days and one (1) eight (8) hour work day in each eighty (80) hour pay period.
B. OVERTIME
1. All authorized actual time worked over eight (8) hours, or over forty (40) hours in any workweek or any authorized actual time worked on a regularly scheduled day off will be compensated at the applicable overtime rate. If an employee is required to work during the employee's meal period, with the approval of the employee's supervisor, and if no alternate meal period is taken, said time shall be compensated at the applicable overtime hourly rate of pay if the time worked exceeds that of the employee's normal schedule/shift.
Overtime shall be either paid to the employee or compensated with compensatory time off (CTO), at the discretion of the employee.
2. Call Back- Employees called back into work without prior notice and after they have left the assigned work area for the day, shall receive pay for a minimum of two (2) hours at the applicable overtime rate commencing from the time the employee receives the call and ending when the employee returns home, except that the employee shall be paid for a maximum of one-half (1/2) hour of travel time each way, unless such call-in precedes an employee's scheduled shift.
This same guarantee of a minimum of two (2) hours at the overtime rate shall also apply to the situation of "extended workdays" whereby an employee is assigned to work overtime for more than thirty (30) minutes past their normal quitting time, and at least four (4) hours prior notice has not been given the employee by the 32 City. This section of the Agreement must be evenly applied to all employees when operational needs permit.
Employees receiving stand-by pay and who perform any work duties during that day, convert from stand-by pay to call back time for the time worked or the minimum call-back, whichever is longer.
3. Telephone Calls- Employees who are called at home to assist with City work that must be accomplished, but are not called to a worksite, shall receive a minimum of fifteen (15) minutes of pay for each such call.
Calls such as attempts to locate the employee or provide information on changes in work schedules are not compensable for the purpose of this provision.
There shall be no pyramiding or duplication of overtime or premium rates.
5. In clarification of the above, it is the policy of the City that overtime work is to be discouraged. However, in case of emergency or whenever the public interest requires, the City Manager, or any department head or designee with respect to any employee in the department head's or designee's department, may require an employee to perform overtime work. No employee, shall be entitled to compensation or compensating time off for overtime work unless such overtime work is approved as provided in this Agreement.
6. Excluding holidays, all employees shall be compensated for approved overtime work by additional pay as follows for holiday overtime compensation:
a. Work performed in excess of eight hours on a regular workday and work performed on a Saturday which is a day off but not a holiday shall be compensated at one and one-half times the applicable hourly rate. Work performed in excess of twelve hours on a regular workday or on a Saturday shall be compensated at double time the applicable hourly rate. b. Work performed on a Sunday which is a regular day off shall be compensated for at twice the applicable hourly rate.
C. Overtime shall not be credited for units of overtime less than one-tenth of an hour, and fractional units of overtime less than one-tenth of an hour shall not accumulate.
d. Employees who wish to work voluntary overtime shall submit a request in writing to their supervisor.
Departments shall endeavor to distribute overtime work as equally as practicable within a work unit, with the understanding that many factors, such as expertise, job location, employee availability, etc. can and will influence overtime assignments.
33 e. The City shall not adjust a regular workweek schedule during said workweek to avoid the payment of overtime.
C. COMPENSATORY TIME OFF
1. Effective with City Council approval of this MOU, an employee has the option to accrue CTO in lieu of cash payment for overtime hours worked for the first eighty (80) hours of overtime worked in a fiscal year. At management's discretion, an employee may accrue additional CTO in lieu of cash for overtime hours worked subject to the limitations noted below. CTO may only be used for time off and may not be cashed out except upon separation from employment.
However, in the last pay period of each fiscal year any unused CTO which is not carried over to the next fiscal year will be cashed out by the City at the employee's base rate of pay.
2. The employee may accrue a CTO balance not to exceed eighty (80) hours.
Employees may carry over a maximum of eighty (80) hours of their CTO balance to the next fiscal year, and the employee will not be allowed to accrue any additional CTO until the carried over balance is below eighty (80) hours.
A request for carry over of hours, including the number of hours to be carried over, must be submitted in writing to the department/division no later than May 30 of each year.
3. Employees who have reached the maximum eighty (80) hour accrual shall be given cash payment for additional overtime hours worked until such balance has been reduced below the maximum allowable amount of eighty (80) hours.
4. CTO shall be accumulated at the applicable straight time, time and one-half, or double time rate for the time worked.
5. The use of accumulated CTO shall be requested, and subject to approval, the same as is vacation.
D. STANDBY PAY
Employees may be assigned standby duty on a rotating basis at the discretion of management. An employee assigned standby duty will be required to carry a pager or City cell phone and shall refrain from consuming alcohol or taking any substance which may impair the employee's ability to perform all required duties. Employees on standby duty are required to respond, and shall report to the work site within one hour of being paged. Standby pay shall be $2.25 per hour.
Time spent on standby duty shall not be considered hours worked, and standby pay shall not be included in the calculation of an employee's regular rate of pay under the Fair Labor Standards Act. In the event an employee on standby duty is required, and does 34 report to the work site after leaving the assigned work area for the day, the employee will be compensated as provided in the Call Back section of this Agreement.
In the event an employee on standby duty responds to a telephone call regarding City work, but does not report to the work site, the employee shall be compensated as provided in the Telephone Call section of this Agreement and not pursuant to the Call Back section.
ARTICLE 10
LEAVES
A. VACATION
Vacation will be accrued and credited on a monthly basis when an employee is in pay status for fifty percent (50%) or more of the work schedule in a month. Each employee shall accrue vacation at the following rate:
Years of Continuous Employment: Accrual Rate
(hrs per month)
Less than 5 8
More than 5 less than 10 10
More than 10 less than 15
More than 15 16
Subject to operational needs, the time when vacation leave shall be taken by the employee shall not be unreasonably denied. Employee vacation leave requests shall be submitted and granted or denied in writing in a timely manner. Vacation leave can only be cancelled when unanticipated emergency operational needs require it.
An employee's vacation balance may not accrue for more than double the amount earned during a year. Employees will be eligible to cash out twenty (20) hours of vacation time annually.
B. SICK LEAVE
1. Accrual of Sick Leave
Every full-time, regular and probationary employee shall accrue sick leave time at the rate of 8 hours per month. Permanent part-time employees accrue sick leave at a ratio determined by the actual number of hours worked, but not less than one (1) hour for every thirty (30) hours worked
Sick leave with pay can only be granted by the recommendation of the Personnel Officer 35 of the employee, in the case of disabilities due to illness, injury, or pregnancy.
2. Evidence of Illness
If an employee s out for two (2) consecutive days or more, the Personnel Officer may require evidence in the form of a physician's certificate, or otherwise, of the adequacy of the reason for an employee's absence during the time for which sick leave was requested.
3. Penalty for Sick Leave Abuse
When in the judgment of the Personnel Officer, the employee's reasons for being absent because of alleged sickness are inadequate, he/she shall indicate on the payroll time report that the absence was without leave and without pay.
In addition, the Personnel Officer may impose such disciplinary action as in his/her discretion seems warranted, following procedures set forth in these Personnel Rules.
4. Sick Leave and Temporary Disability
A City employee who is entitled to temporary disability indemnity under the State Labor Code may elect to take that number of hours or portions of hours of his/her accumulated sick leave, or his/her accumulated vacation, as when added to the disability indemnity will result in a payment to the employee of his/her full salary.
When accumulated sick leave, or vacation, or both, are exhausted, the employee is still entitled to receive disability indemnity.
5. Sick Leave for Dependent Care
All employees covered under this agreement will be allowed to use up to half of their annual sick leave accrual per fiscal year for protected sick leave in accordance with California Labor Code Section 233.
6. Illness While on Vacation
An employee who becomes ill while on vacation may have such period of illness charged to his/her accumulated sick leave instead of to vacation, provided that:
a. Immediately upon return to duty, the employee submits to the Personnel Officer a written request for sick leave and a written statement is signed by the employee's physician stating the nature and dates of the illness;
b. The Personnel Officer approves the granting of such sick leave.
7. Holiday During Sick Leave
Observed holidays occurring during sick leave shall not be counted as a day of sick leave. 36 8. Payment for Unused Sick Leave
Upon death, retirement for disability or for service or layoff, but not if dismissed or terminated for cause, each employee will receive payment for unused accumulated sick leave, at his/her final rate of pay as follows:
Years of Service Percentage of Unused Sick Leave Paid
After 1 year 5%
After 2 years 10%
After 3 years 15%
After 4 years
After 5 years 25%
After 10 years 35%
But in no event shall the total amount of this payment exceed $2,500. This payment shall be in a lump sum in the employee's final payroll check.
9. Vacation/Sick Leave Donations
Upon written request of an employee, the City may authorize the unconditional and irrevocable donation of up to forty (40) hours per payroll year of that employee's accumulated hours of Vacation/Sick Leave to another employee. The forty (40) hour per payroll year maximum donation may be waived for catastrophic illness or injuries that have been approved for donation by the Personnel Officer. Eligible employees may receive a maximum of one hundred and twenty (120) hours of donated hours per payroll year for any serious health condition or up to eight hundred (800) hours of donated hours per catastrophic illness or injury. The donating employee must still have sixty (60) hours available in his or her bank after donation.
C. MATERNITY LEAVE
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for up to four (4) months.
1. Notice and Certification Requirements
a. Requests for pregnancy disability leave should be submitted in writing as soon as the employee determines with reasonable certainty the date and intended duration of the pregnancy disability leave. Pregnancy disability leave must be approved by the Personnel Officer before the leave begins.
37 The request must be supported by a written certification from the attending physician stating that the employee is disabled from working by pregnancy, childbirth or a related medical condition. The certification must state the expected duration of the disability and the expected date of return to work. b. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the Personnel Officer prior to being taken. Requests for an extension of leave must be submitted in writing to the Personnel Officer prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition.
2. Compensation During Leave
Pregnancy disability leaves are without pay. However, the employee may first use accrued sick leave, vacation leave, and then any other accrued paid time off during the leave.
3. Benefits During Leave
a. An employee on pregnancy disability leave may receive any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off-duty, if: 1) the employee is eligible for concurrent family and medical care leave; and 2) the employee has not already exhausted this twelve (12) week group health insurance coverage benefit in the current family and medical care leave eligibility period.
The City may recover premiums it paid to maintain health coverage, as provided by the family and medical leave laws, if an employee does not return to work following pregnancy disability leave.
b. An employee on pregnancy disability leave who is not eligible to receive group health insurance coverage as described above may receive health insurance coverage in conjunction with COBRA guidelines by making monthly premium payments to the City. The City will not pay for fringe benefits for employees during Pregnancy Disability Leave.
c. Sick and Vacation Leave Accrual: Sick leave and vacation leave do not accrue while an employee is on unpaid pregnancy disability leave.
4. Reinstatement
a. Upon the expiration of pregnancy leave and the City's receipt of a written statement from the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or an equivalent position, so long as it was not eliminated for a legitimate business reason during the leave. 38 b. If the employee's original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position, provided that such a comparable position is available. c. If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation.
d. An employee who fails to return to work after the termination of her leave loses her reinstatement rights.
D.LEAVE OF ABSENCE WITHOUT PAY
An employee may request a leave of absence without pay which will be reviewed by the City Manager on a case by case basis.
E. HOLIDAYS
The following holidays are recognized as paid holidays for all employees:
January 1 - New Years' Day
Third Monday in January - Martin Luther King Jr. Day
Third Monday in February - Washington's Birthday
Good Friday
March 31 - Cesar Chavez Day
Fourth Monday in May - Memorial Day
July 4- Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Fourth Friday in November - Day after Thanksgiving
December 24 - Christmas Eve
December 25 - Christmas Day
December 31 - New Years' Eve
When a holiday falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day named. When a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day named. When a holiday falls on a scheduled vacation day the employee shall not be charged the vacation day. If an employee is required to work on a holiday, the employee will be compensated at time and one half. Any employee who works on a shift basis and whose regular schedule requires him/her to work on a holiday, shall be paid at the rate of time-and one-half the hourly equivalent of his/her salary at the discretion of the Department Head. 39 F. BEREAVEMENT LEAVE
An employee shall be allowed up to five (5) days of City leave for bereavement based on the death of an employee's spouse, parent, step-parent, child, step-child, brother, step-brother, sister, step-sister, father-in-law, mother-in-law, grand- parents, or any relative residing in the employee's household. However, only three of the bereavement days are paid. Requests for bereavement leave in excess of five (5) days for this purpose shall be subject to approval of the City Manager, and any leave beyond three days will be charged to accumulated sick leave. If attendance at a service requires travel of five hundred (500) miles or more, an employee may be allowed to use four (4) days of sick leave, for a total absence of seven (7) days. Bereavement leave does not need to be consecutive. There is no limit to the number of times bereavement leave can be taken as long as it is for an employee's family member as described above. Bereavement leave shall be completed within three (3) months of the date of the death of a covered family member.
G. JURY DUTY
An employee required to report for jury duty shall be granted a leave of absence with pay from his/her assigned duties while attending court, including travel time. If the employee is on jury duty, but is not required to attend court on a regularly scheduled workday for that employee, the employee will work on that day.
All fees received by the employee for jury duty, other than mileage or subsistence allowance will be remitted to the City within thirty (30) days of receipt of the fees.
If an employee who is called for jury duty works a schedule other than a normal day schedule (swing shift, night shift or weekends), the employee's regular work schedule for the period of jury duty will be changed to a Monday through Friday day shift schedule.
In order for this schedule change to occur, the employee must notify the supervisor of their schedule for jury duty within one (1) scheduled work day after receiving notice from the Court.
H. LEAVE TO VOTE
Employees shall be granted time off with pay to vote in any general, direct primary, or presidential primary election consistent with state law. Employees desiring such time off are required to give the appropriate notice required by state law. 40 ARTICLE 11
CERTIFICATIONS AND PAY ALLOWANCES
A. DISTRIBUTION AND TREATMENT OPERATORS CERTIFICATE
INCENTIVE
Employees in classifications for which possession of a State of California issued Water Distribution Operator Certificate, Water Treatment Operator Certificate, Wastewater Treatment Plant Operator Certificate shall receive additional compensation in the for of pay in the following manner:
Upon presentation by employee of a Certificate as described above, the employee shall be entitled to incentive pay which shall be in addition to the regular base salary of the employee. The amount of incentive pay shall be determined and established by the Department Head and City Manager. Incentive pay shall be awarded in two and one half percent (2.5%) increments in addition to the regular base salary of the employee.
Maximum incentive pay for any one employee for all certifications shall not exceed five percent (5%). Employees shall maintain current certifications during the course of employment in order to continue to receive incentive pay. Incentive pay shall cease whenever a certification is no longer valid.
The City agrees to pay, on an annual basis, up to one hundred fifty dollars ($150) of the employee's cost of maintaining current certifications. The employee shall be responsible for any amount over one hundred fifty ($150) dollars.
B. CERTIFICATION INCENTIVE PROGRAM
1. Unit members shall be eligible for a minimum of a two and one half percent (2.5%) to a five percent (5%) salary increase, not to exceed five percent (5%) of base pay, with approval of the City Manager, for completion of a certificate program at a community college or four year college institution; or for any certification above the minimum required in the job description which improves job skills, knowledge and general upgrading of the position. Unit members shall obtain prior written approval of all such programs from the Department Director or City Manager. Employees will not be entitled to more than a 5% salary increase, even if multiple certificates are obtained.
2. Definitions: For the purpose of this Section, the term "certification" means a diploma or other document (certificate) issued by an agency acceptable to the City Manager stating that the person to whom the certificate was issued has successfully completed the course of study and has demonstrated the knowledge and skills necessary to perform the work described in the certificate.
3. Employees that have received the Animal Control Certification will be entitled to a two and one half percent (2.5%) salary increase, only if said employee is not already receiving the full five percent (5%) certificate 41 C. UNIFORM ALLOWANCE
a. Uniform Allowance
Each employee in the Public Works Department shall be eligible to receive new uniforms and one safety jacket annually purchased by the City of Orange Cove, in an amount not to exceed $550. Employees hired prior to January 1, 2014, will have the amount received reported to CaPERS.
b. Safety Equipment Allowance
Each employee in the Public Works Department shall be eligible for an allowance of $350 per year for required safety footwear as a safety equipment allowance.
Safety footwear is required. The $350 allowance will be paid directly to the vendor.
C. Each employee covered under this agreement working in the Police Department will receive, on an annual basis, a $550 uniform allowance.
ARTICLE 12
JOB DESCIPTIONS
A. NEW OR REVISED JOB DESCRIPTIONS
It is recognized that the establishment of new or revised job classifications within the Unit covered by this Agreement may be warranted because of changes in job content or services offered by the City. Under such circumstances, the City shall prepare and submit to the Union the proposed descriptions and proposed appropriate rate ranges for such job classifications as will have been determined to be within the Unit covered by this Agreement. Upon request of the Union and where legally required, the Union and the City will meet and confer over the job descriptions and/or proposed salary changes.
ARTICLE 13
SAFETY
A. COOPERATION
The City and the Union agree to cooperate in placing in effect and maintaining safety rules and practices that will eliminate hazards and insure safe working conditions at all times. No employees will be required to perform any work or take any undue risk in the performance of his/her work under conditions that are dangerous to life or limb, or are iniurious to his/her health or that of other employees or the public, or which do not meet the requirements of the applicable laws of the Federal Government or State of California. 42 ARTICLE 14
CONTRACTING OUT
A. CONTRACTING OUT
The City shall not contract out for goods and services performed by bargaining uni employees during the term of this MOU
ARTICLE 15
OUT OF CLASSIFIATION PAY
A. OUT OF CLASSIFIATION PAY
An employee is temporarily working out of class when he/she spends a majority of their work time in any one day performing the duties, as outlined in the attached job descriptions, of a higher level classification. When an employee is performing those duties, for one full day or more, he/she will be paid out of class pay at the salary the employee would receive if promoted into that classification.
When such a temporary assignment to a higher classification is to be filled by an employee, the City shall, whenever practicable, distribute such temporary assignments evenly among available qualified employees at the work location.
The City recognizes that temporary work in a higher classification shall not be used as a device for circumventing career civil service positions.
ARTICLE 16
LAYOFF
A. STATEMENT OF INTENT
Whenever, in the judgment of the City Council, it becomes necessary to abolish any osition of employment in the competitive service in the interest of economy or becaus the necessity for a position no longer exists, the employee holding such position o employment may be laid off or demoted in lieu of layoff without taking disciplinary action and without the right of appeal.
B. NOTIFICATION
Any employee who is to be laid off shall be given, whenever possible, at least 14 calendar days prior notice.
C. VACANCY AND DEMOTION IN LIEU OF LAYOFF
Except as otherwise provided, whenever there is a reduction in the workforce, the 43 Personnel Officer shall first demote the affected employee to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off in accordance with subsection 12.07 of the City of Orange Cove Personnel Rules and is qualified. All persons so demoted shall have their names placed on the Re-employment List.
D. EMPLOYEE RIGHTS
An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in a lower class in the same class series or in a lower class in which the affected employee once had permanent status. For the purpose of this section and subsection 12.05 of the City of Orange Cove Personnel Rules, seniority includes all periods of full-time service at or above the class level where layoff is to occur.
E. SENIORITY
In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Officer within five (5) working days of receipt of notice of Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or a class in the class series.
F. ORDER OF LAYOFF
The order of layoff of employees shall be established by the Personnel Officer on the recommendation of the Department Head involved. The Department Head shall take into consideration length of service of employees in preparing a recommended layoff list; provided however, that no regular or probationary employee shall be laid off from his/her position in any department while any emergency, temporary or provisional employee is serving in the same class in that department. In each class, employees shall be laid off according to employment status in the following order: emergency, temporary, provisional, probationary, and regular.
1. Emergency, Temporary. Provisional and Probationary Employees Except as otherwise provided herein, emergency, temporary, provisional, and probationary employees shall be laid off according to the needs of the City as determined by the Personnel Officer.
2. Regular Employees
44 In any case where there are two or more regular employees in the class from which the layoff is to be made, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least 30 days and no more than 12 months prior to layoff as follows:
• First, all employees having ratings of "required improvement," • Second, all employees having ratings of "effective - meets standard," • Third all employees having ratings of "exceeds standards." Employees within each category shall be laid off in inverse order of seniority in City service.
G. RE-EMPLOYMENT LIST
The names of persons laid off or demoted in lieu of layoff in accordance with these Personnel Rules shall be placed upon a Re-employment List. Except as otherwise provided in these Personnel Rules or the Personnel Ordinance, Re-employment Lists from different departments or made at different times for the same class shall be combined into a single list. Such list shall be used by the Personnel Officer when a vacancy arises in the same or lower class before certification is made from an Eligibility H. DURATION OF RE-EMPLOYMENT LIST
Names of persons laid off shall be carried on a re-employment list for one year, except that persons appointed to permanent positions of the same level as those which were laid off, shall, upon such appointment, be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall remain on the list for the higher position for one year.
I. RE-EMPLOYMENT OF REGULAR AND PROBATIONARY
EMPLOYEES
The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon Re-employment Lists for one (1) year for those classes requiring basically the same qualifications, duties and responsibilities of the class from which layoff or demotion in lieu of layoff was made.
Persons whose names are placed on Re-employment Lists in accordance with this subsection, and who are re-employed within the prescribed period, shall be regarded as having been on leave of absence during this period of absence and entitled to all benefits accruing from such leave.
SENIORITY LISTS
A seniority list of represented employees shall be made available to the Union on the first working day in September of each year, and after review with the Union, said list shall be posted by each Department and copies made available for ready inspection. 45 The City shall immediately after effecting a layoff provide the Union a list of those employees who have been laid off, with their seniority status. Said list shall be know as Recall List and shall be updated as necessary.
ARTICLE 17
SAVINGS CLAUSE
A. SAVINGS CLAUSE
If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any decree of a court of competent jurisdiction or by the reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect.
ARTICLE 18
TERM OF AGREEMENT
A. TERM
This Agreement commences July 1, 2024 and shall remain in effect up through and including June 30, 2026.
Appendix A
Update Salary Schedule to reflect salary increases
Include Police Records Supervisor Classification
Step 1 - $34.00
Step 2 - $35.70
Step 3 - $37.49
Step 4 - $39.36
Step 5 - $41.32
Appendix B
Grievance Form
DATED:
INTERNATIONAL UNION OF
OPERATING ENGINEERS CITY OF ORANGE COVE
LOCAL 39, AFL-CIO
BY: BY:
BART FLORENCE DANIEL PARRA
BUSINESS MANAGER-SECRETARY CITY MANAGER
STAHLY ROBERT ALDRICH DIANNA GUERRA-SILVA
PRESIDENT MAYOR
STEVE CROUCH
DIRECTOR OF PUBLIC EMPLOYEES
MARINA MAGDALENO
BUSINESS REPRESENTATIVE
JUAN RIVERA
NEGOTIATING COMMITTEE
47 RECEIVED
SEP 2 0 2024
City Clerk
City of Orange Cove
7. c.
HIEF ORANGE COVE POLICE DEPARTMENT HIER
200g
AUGUST 2024 MONTHLY STATISTICS
CHIEF OF POLICE-JAVIER PEÑA
PART 1 CRIMES
JULY AUG % YTD YTD
2024 2024 Change 2023 2024
Homicide 0%
Rape 0%
Attempted Murder 0% 1
Robbery 1 100% 3 1
Assault 100% 7
Burglary 3 -67% 15 10
Grand Theft Auto 33% 16 16
Total Part 1 Crimes 4 4 0% 40 36
JULY AUG % YTD YTD
2024 2024 Change 2023 2024
Sex Crimes 0 1 100% 4 6
Narcotics 7 5 -29% 10 36
Child Abuse 0 0 0% 6
Total Part 2 Crimes 7 6 -14% 20 42
JULY AUG % YTD YTD
2024 2024 Change 2023 2024
Total Traffic Collisions 5 5 0% 30 44
Fatalities 0 0%
Injury 1 100% 2 5
Non Injury 1 4 300% 14 27
Hit & Run 4 -100% 14 12
JULY AUG % YTD YTD
2024 2024 Change 2023 2024
Total Traffic Citations 25 20 -20% 171 147
Total Vehicle Stops 105 84 -20% 794 572
Seatbelt Violations 0% 3 1
Unsafe Speed Violations 2 200% 7 8
Fail To Obey Stop Sign/Light 0% 38 22
Driving Under the Influence 1 0% 12 11
Gang Arrests - Felony 0% 1
Gang Arrests - Misdemeanor 0%
Gang Field Interview Cards 3 -100% 10
Juvenile Detentions/Arrests 100% 4
Adult Arrests -25% 61 58
Prepared by : S.Gonzalez Statistics are subject to further analysis and revision. Date : 9/16/2024 JULY AUG % YTD YTD
2024 2024 Change 2023 2024
5150 8 10 25% 87 62
Agency Assist 8 7 - 13% 57 69
Battery 2 3 50% 10 21
Evading/Obstructing Officer 3 0% 18 21
Fraud 2 -100% 16 4
Identity Theft 0 0% 3 0
Spousal Abuse 10 -60% 39 53
Grafitti/Vandalism 5 -40% 34 32
Veh. Burglaries 1 -100% 9 11
General Incidents 13 10 -23% 165 139
Weapons Confiscated 3 0% 13 14
Petty Theft 1 200% 28 22
Public Intoxication 100% 12 6
Suspended License 4 -50% 13
Unlicensed Drivers 3 67% 68 54
Vehicles Towed 11 -18% 46 58
Vehicles Released 6 - 17% 25 30
Case Number Drawn 172 119 -31% 942 1,099
Prepared by : S.Gonzalez Statistics are subject to further analysis and revision. Date: 9/16/2024 Prepared by : S.Gonzalez Statistics are subject to further analysis and revision. Date : 9/16/2024
RECEIVED
SEP 16 2024
City Clerk
City of Orange Cer