Agenda packet — Oroville City Council, April 16, 2024 (part 2 of 2)

20.3 An employee who is on leave of absence without pay for a period exceeding thirty (30) consecutive days shall fail to qualify for full vacation benefits but shall be entitled to prorated vacation benefits. An employee whose employment is terminated shall be entitled to prorated vacation.

Vacation shall be prorated by dividing the straight time hours actually worked by 173.3, and then multiplying that factor by 1/12, the vacation the employee would have earned had the anniversary year been fully worked.

20.4 Vacation/Longevity Seniority Bridge
The Police Chief may petition the City Administrator for a seniority bridge. Upon City Administrator approval, a seniority bridge may be implemented to help with recruitment and retention.

The seniority bridge applies to vacation accrual and longevity pay only. Only prior public sector service in the same or substantially similar classification will apply.

An example of the application of seniority bridge is a new hire has ten (10) years of prior service as a Public Safety Dispatcher with a County or City Police Department. The new hire (lateral) would be entitled to the ten (10) years vacation accrual rate and ten (10) years longevity rate with the city.

Seniority Bridge will only apply to Public Safety Dispatcher, Public Safety Dispatch Supervisor and MLE (CSO) classifications of the non-sworn unit.

For purposes of this section, “YEARS OF SERVICE" includes an employee’s years of service at their most recent law enforcement employer.

ARTICLE 21 - HOLIDAYS

21.1 The following holidays shall be observed by the City:
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(1) New Year's Day, January 1
(2) Martin Luther King Day, 3rd Monday in January
(3) Lincoln's Birthday, February 12
(4) President's Day, 3rd Monday in February
(5) Memorial Day, last Monday in May
(6) Juneteenth Day, June 19th
(7) Independence Day, July 4
(8) Labor Day, the 1st Monday in September
(9) Veteran's Day, November 11
(10) Thanksgiving Day, 4th Thursday in November
(11) The day after Thanksgiving
(12) The day before Christmas
(13) Christmas Day, December 25
(14) Floating Holiday, Refer to Article 23.5

21.2 HOLIDAY PAY:

A. Employees shall be compensated for each holiday on a shift basis (10 hours for a 10-hour shift; eight (8) hours for an 8-hour shift) of straight time compensation.

In the event the employee is required to work on any of the specified holidays set forth above, the compensation shall be one and one-half (1½) times the straight time rate of pay irrespective of when the holidays may be observed by the employee.

21.3 The employee may choose to bank holiday hours in a “Holiday Pay” bank. All holiday hours will be cashed out by the first paycheck in December of each year as prescribed by the Public Employee Retirement System, with the option of having a separate check or including it in payroll.

21.4 The City agrees to provide the employees with one floating holiday that must be used by the end of the calendar year. If not used, the benefit will extinguish (no banking). If the requested time off would require that another person be called back, held over, or the vacancy filled through overtime, the leave will not be granted. The Chief of Police and the City Administrator may grant an extension.

ARTICLE 22 - SICK LEAVE

22.1 Sick leave is a privilege, which can be allowed only in case of actual sickness or injury of such employee or a member of an employee’s immediate family, which compels an employee to be absent from work. To qualify for sick leave, an employee must notify his/her supervisor prior to the time set for beginning daily duties, in accordance with such procedures established by the City.

22.2 An employee may be allowed a leave of absence from duty without loss of salary on account of sickness or injury. Sick Leave with pay is cumulative at the rate of 279
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eight (8) hours for each month of service beginning the first calendar month following regular probationary employment.

22.3 An employee returning to duty after an absence of more than three (3) consecutive days without loss of salary resulting from sickness or injury shall provide the immediate supervisor for filing in the employee's personnel file, a doctor's certificate verifying the employee was ill or injured.

22.4 Sick leave shall not be granted to any employee who is absent from duty due to illness or injury incurred while working for other than the City of Oroville.

22.5 Employees shall accumulate unused sick leave without limitation.

22.6 Retiree Medical Sick Leave Conversion
LONG TERM EMPLOYEES – Employees with 5 or more years of City service as of February 19, 2019, that regularly retire from City service may convert up to 100% of their accumulated sick leave to purchase medical insurance, based upon such leave dollar value at the time of retirement.

SHORT TERM EMPLOYEES – Employees with less than 5 years of City service as of February 19, 2019 that regularly retire from City service may convert up to 240 hours of accumulated unused sick leave to purchase medical insurance, calculated by the hourly rate of pay, at the time of retirement, by the number of unused sick leave to a maximum of 240 hours. All other accumulated unused sick leave may be converted to CalPERS service credit.

NEW HIRES - Employees hired after February 19, 2019 are ineligible for retiree medical sick leave conversion.

22.7 An employee shall not be required to use any Sick Leave for medical and/or dental appointment(s) but may use accumulated Vacation time or compensating time off in lieu thereof.

ARTICLE 23 - BEREAVEMENT LEAVE

23.1 Employees who have completed thirty (30) days of service are entitled to receive up to 40 hours of bereavement leave per occurrence. Leave shall not be charged to the member's sick leave, when compelled to be absent from duty by reason of death, or where death appears imminent, of an immediate family member. An employee desiring such leave shall notify, in writing, the Department Head of the time of absence expected, and the date of return to City service.

23.2 Immediate family includes the following individuals of an employee's family:
spouse, domestic partner, natural, step, adopted, foster or legal child, parent, stepparent, brother, sister, grandparent, grandchild, brother-in-law, sister-in-law, mother-in-law, father-in-law.
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ARTICLE 24 - MATERNITY LEAVE

24.1 Such leave shall be in accordance with applicable State and/or Federal law pursuant to California Government Code 19991.6.

ARTICLE 25 - MILITARY LEAVE

25.1 Military Leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give the City Administrator an opportunity within the limits of military regulations, to determine when such leave shall be taken.

ARTICLE 26 - UNPAID LEAVE

26.1 UNPAID LEAVE - Regular or probationary employees may request, in writing, leave without pay. Response to such request shall be in writing. The Chief of Police may grant a leave of absence without pay for a period not to exceed three (3) months. The leave of absence may be extended up to twelve (12) months by the City Administrator. Leaves of absence longer than twelve (12) months shall require approval by the City Council. Upon expiration of a regularly approved leave or within a reasonable period after notice of return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee, on leave, to report promptly at its expiration shall be deemed to be a resignation and be so notified.

If the approved leave of absence is more than thirty (30) days, the employee:

A. Shall not accrue seniority.

B. Shall not receive contributions towards any benefits.

C. May continue medical benefits and/or life and long-term disability plans; said employee shall be responsible for 100% of the premium costs.

ARTICLE 27 - JURY DUTY

27.1 Every employee who is called or required to serve as a trial juror, upon notification and appropriate verification submitted to their supervisor, shall be entitled to be absent from their duties with the City during the period of such service or while necessarily being present in court as a result of such call. No deduction shall be made from the salary of an employee, while being interviewed for or while serving on a jury.

ARTICLE 28 - LIGHT DUTY

28.1 Members unable to perform their regularly assigned duties as a result of illness or injury (on or off the job) may be required to perform duties the City and the member’s physician have determined as an acceptable assignment and shall not impede the member's recovery. The member shall receive the rate of pay in effect 281
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prior to the illness or injury, but that rate of pay shall be reduced by the amount of monies received from any other source to which the City contributes. Assignments under this provision may be full time or part time and shall be based on the Department needs fitting the capability of the disabled member. Member will be assigned to a 40-hour workweek during the Light Duty assignment.

ARTICLE 29 - BULLETIN BOARDS

29.1 A bulletin board shall be provided to the OPOA for use of association business.

This does not include an electronic bulletin board.

ARTICLE 30 - ASSOCIATION DUES

30.1 PAYROLL DEDUCTIONS - The City shall deduct an authorized amount from each employee’s paycheck to be remitted monthly to the OPOA. The OPOA shall indemnify and hold the City harmless against any and all claims against the City as a result of implementation of this article.

ARTICLE 31 - RANDOM DRUG AND ALCOHOL TESTING

31.1 OPOA members agree to the City of Oroville’s Substance Abuse Policy Statement, administered by DATCO, as outlined in the City of Oroville’s Policy and Procedures, for the term of this Memorandum only. Notwithstanding anything to the contrary in the City of Oroville’s Substance Abuse Policy Statement, the City may not make any changes in the Policy or its application relative to members of the OPOA without written mutual agreement of the parties.

ARTICLE 32 - LAYOFF PROCEDURE

32.1 LAYOFF PROCEDURE – If the City finds it necessary to impose layoffs, then the order of those layoffs shall be determined by Classification Seniority as defined in Section 5.2.

32.2 BUMPING RIGHTS – An employee who is laid off from a higher classification may assume a lower classification based on Overall Seniority as defined in Section 5.1.

32.3 ORDER OF LAYOFFS – Prior to laying off a full-time employee all part-time or extra help employees shall be laid off.

ARTICLE 33 - DISCIPLINE

33.1 It is the policy of the Department that discipline of Departmental employees be imposed on an appropriate and consistent basis. When an employee engages in misconduct in the judgment of the Department Head, disciplinary action will be initiated.
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When job performance is unsatisfactory in the judgment of the Department Head, disciplinary action may be initiated.

Department Head in the case of the Oroville Police Department shall be the Chief of Police.

33.2 Definition: As used herein, “disciplinary action” means written reprimand, suspension without pay, reduction in pay, demotion, or dismissal.

33.3 Persons Authorized to Initiate Disciplinary Action: Discipline may be initiated by those authorized in the City Personnel Rules

33.4 Cause for Disciplinary Action: Discipline shall be for cause. Examples of conduct or performance deficiencies that may warrant discipline include, but are not limited to (more examples may be found in the City Personnel Rules and Departmental Policies):

A. Misstatement of facts during the hiring process;
B. Falsification of any entry on a City document (e.g., time card, expense report) C. Disclosure of confidential information;
D. Insubordination or willful disobedience;
E. Incompetence, inefficiency, or unsatisfactory job performance; F. Discriminatory, discourteous or unbecoming behavior; G. Theft, misuse, or unauthorized use or possession of City property; H. Dishonesty;
I. Misconduct, i.e., any behavior that brings harm or discredit to the City; J. Being under the influence of illegal drugs or alcohol or possessing illegal drugs while on City property or on official business;
K. Conviction of a felony or misdemeanor that involves moral turpitude, or any other conviction or pleas of nolo contendere (no contest) or diversion for such offense, which adversely affects or brings discredit to the City; L. Excessive absence or tardiness;
M. Absence without approved leave;
N. Violation of a City rule, policy, or procedure; i.e. Violence in the workplace policy, Unlawful harassment, etc.

O. Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract by the City; participating in any outside employment that adversely affects the employee’s City work performance; and engaging in unauthorized outside employment P. Loss or failure to maintain any license, certification, and/or clearance which is required as a minimum qualification or condition of employment for the employee’s position.

33.5 PRELIMINARY NOTICE OF DISCIPLINARY ACTION:

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known address shall be deemed to be the last address that is within the employee’s official personnel file. If notice is provided by mail, the employee shall be deemed to have received notice ten (10) workdays after the date of the mailing.

B. The Preliminary Notice shall include:
a. A statement of the nature of the disciplinary action; b. The effective date of the disciplinary action;
c. A statement of the reasons for the disciplinary action citing the item(s) under Article 34.4, or the Personnel Rules which have been violated; d. Any supporting material;
e. A statement advising the employee of the right to appeal the action, the manner and time of which the appeal must be made, and the required content of the appeal; and,
f. The name and address of the person to whom all written communication regarding this appeal shall be sent.

33.6 RESPONDING TO PROPOSED DISCIPLINE:

A. An employee who is subject to disciplinary action involving loss of pay, suspension, demotion or termination of employment shall have the right, within five (5) workdays after receiving a Proposed Notice of Disciplinary Action to request a Skelly Meeting by filing a written request for a meeting signed by the employee or the employee’s representative with the employee’s consent with the City Personnel Director.

B. Failure to respond or inaction within the specified time will result in the waiver of the right to a Skelly meeting and the proposed discipline becoming final.

C. Upon a written request for a Skelly meeting, the City shall appoint a “Skelly Officer.” The Skelly Officer will meet with the employee, listen to the arguments, and receive documents presented by the employee. Within a reasonable time, and in writing, the Skelly Officer shall respond to the employee and the employee’s representative, if applicable. The Skelly Officer may dismiss, modify, or sustain the proposed discipline.

D. If the proposed discipline is sustained or modified by the Skelly Officer, the disciplinary action shall be implemented. A final Notice of Disciplinary Action shall be served in the same manner as the Preliminary Notice of Disciplinary Action.

33.7 APPLICATION OF APPEAL PROCEDURE:

A. Permanent Status: This article shall only apply to employees with permanent status with the City.

B. Probationary Status: An employee in probationary status shall have no right 284
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to grieve or arbitrate release from probationary appointment.

C. Temporary Employee: An employee in a temporary position shall have no right to grieve or arbitrate release from temporary appointment D. Temporary Upgrade (Additional Assignments): An employee in a temporary upgrade status shall have no right to grieve or arbitrate release from temporary upgrade status.

E. Upon the request of an employee, a written reprimand, counseling memorandum or letter of instruction may be removed from an employee’s personnel file one year from date of issue in compliance with Public Safety Officers Procedural Bill of Rights codified in the California Government Code _3300-3311 and applicable City Ordinances and Departmental Policies. The decision to remove such materials shall be solely within the discretion of the Department Head.

33.8 APPEAL OF DISCIPLINARY ACTION:

A. An employee who receives a written reprimand that will be placed in their personnel file may request an appeal of the reprimand with the City Administrator. The City Administrator shall review the written reprimand and response and may review any supporting materials or make whatever further inquiry he or she deems necessary. The City Administrator has full discretion to uphold, amend or alter the written reprimand and the determination of the City Administrator shall be final. An employee receiving a written reprimand has the right to draft and, within 30 days, submit a response to the reprimand.

B. Within ten (10) workdays after receipt of the Final Notice of Disciplinary Action, disciplinary actions involving a loss of pay, suspension, demotion or termination of employment may be appealed to advisory arbitration. Notice of the appeal must be filed with the City Personnel Office. If the employee fails to file a notice of appeal within this time period, the disciplinary action shall become final and there shall be no further appeal.

C. Appeals of disciplinary actions to advisory arbitration shall be pursuant to Article thirty-five Step 4 (Grievance and Advisory Arbitration Procedure) of this Memorandum of Understanding.
a. An appeal of a disciplinary action is a complaint of a permanent employee to determine whether or not there was cause for the disciplinary action, equitable discipline for the offense committed, bias and or investigatory issues arising during the investigation of the complaint.
b. The parties to the discipline hearing and to the selection of the arbitrator shall be the employee, who may be represented by The Association, self-represented, or independent counsel, and the City, 285
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which may be represented by the Personnel Department or counsel. c. The fees and expenses of the arbitrator, a court reporter, and a transcript if required by the arbitrator, shall be shared equally by both parties. Advisory arbitration is the exercise of due process regarding an employee’s property interest in his or her profession. d. An employee’s failure to adhere to any timeframe provided for in this section or in the Articles Governing Arbitration shall be deemed to be an abandonment of the appeal, shall terminate the appeal process and no further appeal steps shall be available.

ARTICLE 34 - GRIEVANCE AND ADVISORY ARBITRATION PROCEDURE

34.1 PURPOSE - This grievance and advisory arbitration procedure shall be used to process and resolve grievances arising under this Agreement.

34.1.1 To resolve grievances informally at the lowest possible level.

34.1.2 To provide an orderly procedure for reviewing and resolving grievances promptly.

34.2 DEFINITIONS -

34.1.1 A grievance is a complaint of one (1) or a group of employees, or a dispute between the City and the Association, involving the interpretation, application, or enforcement of the express terms of the Agreement.

34.1.2 As used in this procedure, the term "immediate supervisor" means the individual who assigns reviews and directs the work of an employee.

34.1.3 As used in this procedure the term "party" means an employee, the Association or the City.

34.1.4 As used herein, representative or the Association representative, if an employee of the City, refers to an employee covered by the OPOA.

34.1.5 As used herein, workday shall represent any day that City Hall is open for business.

34.3 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, but with the written consent of all parties, the time limitation for any step may be extended.

34.4 PRESENTATION - An employee or the Association representative, who is a fulltime employee, or both, may present a grievance while on duty. The City agrees not to exclude employees from grievance hearings for the purposes of suppressing evidence or exclusive testimony.

34.5 EMPLOYEE RIGHTS - The employee retains all rights conferred by Section 3300, et seq., of the Government Code. Grievances pertaining to an individual employee must be signed by the employee personally on all appeals.

34.6 APPLICATION - Grievances shall be brought through this Article. 286
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34.7 INFORMAL DISCUSSION - The grievance initially shall be discussed with the immediate supervisor. The employee may be represented by the President of the Association. Within five (5) workdays, the immediate supervisor shall give a decision or response.

34.8 FORMAL GRIEVANCE – STEP 1 -

34.8.1 If an informal grievance is not resolved to the satisfaction of the grievant, or if there is reason to bypass the informal step, a formal grievance may be initiated. A formal grievance may be initiated no later than:

34.8.1.1 Ten (10) workdays after the event or circumstances occasioning the grievance; or the employees’ knowledge of the occurrence which gives rise to the grievance or

34.8.1.2 Ten (10) workdays of the decision rendered in the informal grievance procedure.

34.8.1.3 A formal grievance shall be initiated in writing and shall be filed with the persons designated by the appointing authority as the first level of appeal. The grievant may be represented by the Association representative.

34.8.1.4 Within ten (10) workdays after the initiation of the formal grievance, the designee of the appointing authority at the first level of appeal shall investigate the grievance and give a decision in writing to the grievant.

34.9 FORMAL GRIEVANCE – STEP 2 - If the grievant is not satisfied with the decision rendered pursuant to Step 1, the grievant may appeal the decision within ten (10) workdays to the Chief of Police or designee. The grievant may be represented by the Association or designee. If the Chief of Police or designee is the first level of appeal, the grievant may bypass Step 2.

34.9.1 Within ten (10) workdays after the initiation of the Step 2, the Chief of Police or designee at the first level of appeal shall investigate the grievance, and give a decision in writing to the grievant.

34.10 FORMAL GRIEVANCE – STEP 3 - If the grievant is not satisfied with the decision rendered pursuant to Step 2, the grievant may appeal the decision within ten (10) workdays to the City Administrator. The Association or designee may represent the grievant.

34.10.1The City Administrator or designee shall schedule a mutually agreeable time to hear the grievance, which shall be within ten (10) workdays of the receipt of the grievance. The City Administrator or designated representative shall respond in writing to the grievance within ten (10) workdays following the grievance hearing.
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34.11 ADVISORY ARBITRATION – STEP 4 - If the City Administrator or designee fails to respond in writing as provided in Step 3, or if the response is not satisfactory to the grievant, the Association shall have the right to refer the matter to advisory arbitration. Such referral shall be made by written demand submitted to the City Administrator within ten (10) workdays of receipt of the Step 3 decision.

34.12 RESPONSE - If the City fails to respond to a grievance within the time limits specified for that step, the grievant shall have the right to appeal to the next step.

34.13 COPY OF DECISION - At each step of the formal grievance procedure, a copy of the decision shall be sent to the Association at the same time as the decision is sent to the grievant.

34.14 ASSIGNMENT OF AN ARBITRATOR - An arbitrator shall be selected jointly by the parties within ten (10) workdays of receipt of the written demand. In the event the parties are unable to agree on an arbitrator within the time stated, the parties shall solicit from the State of California Mediation/Conciliation Service a list of seven (7) arbitrators. The parties shall alternately strike one name from this list and the remaining name shall be the selected arbitrator. Failure to participate in the selection process within the proscribed timeframe or pursuant to an extension mutually agreed to between the Parties shall constitute an abandonment of the appeal.

34.15 FINDINGS - The arbitrator shall submit his/her findings and recommendations in writing to the City and the grievant.

34.16 CITY COUNCIL REVIEW

1. The City Council may approve, modify or reverse the findings of the arbitrator and its decision shall be final.

2. Any decision rendered by the City Council shall be made within twenty-eight (28) calendar days of the receipt of a request, unless extended by the City Council, but in no event more than 45 calendar days.

34.16 COSTS - The fees and expenses of the arbitrator and the court reporter, if required by the arbitrator or requested by a party, shall be shared equally by the parties.

The parties shall bear their own witness fees; however, OPOA shall not be charged any ,witness fees for City employees

34.17 WITNESSES - The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an advisory arbitration hearing held pursuant to the Agreement. The Association agrees that the number of witnesses requested to attend and their scheduling shall be reasonable. 288
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ARTICLE 35 - CODE OF ETHICS

35.1 OPOA-Non-Sworn members shall abide by the Code of Ethics attached hereto as Exhibit “C”.

ARTICLE 36 - PEACEFUL PERFORMANCE

36.1 The City and the OPOA recognize and acknowledge that the services performed by the employees covered by this Memorandum are essential to the public health, safety, and general welfare of the residents of this jurisdiction. The OPOA agrees that under no circumstances during the term of this agreement will the OPOA, recommend, encourage, cause or permit its employees to initiate, recognize, participate in, nor will any employee of the bargaining unit take part in any strike, sit-down, stay-in, sick-out, slow-down, or picketing related to labor relations matters (thereinafter collectively referred to as work stoppage), in any office or department of this jurisdiction nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any employee of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work stoppage until said stoppage has ceased.

ARTICLE 37 - SAVINGS CLAUSE

37.1 Should any portion of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of existing or subsequently enacted legislation or by decree of a competent jurisdiction, such invalidation of such portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

ARTICLE 38 - ZIPPER CLAUSE

38.1 This Memorandum constitutes the whole agreement between the City of Oroville and the OPOA. There exists no other agreements or inducements written or oral, other than those expressly provided herein.

Except for emergencies as provided for under California Code Section 3504.5 et seq, the parties mutually agree that during the term of this Memorandum, they will not seek to negotiate or bargain with wages, hours, and terms and conditions of employment whether or not covered by this Memorandum or in negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contemplation of the City and the OPOA hereto during the negotiations leading to this Memorandum. Regardless of the waiver contained in this section, the City and the OPOA may, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum. 289
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ARTICLE 39 - TERM AND OPENING CLAUSE

39.1 This Memorandum of Understanding shall be effective January 1, 2024, and shall remain in effect through December 31, 2026, and shall continue thereafter unless either party gives written notice requesting negotiation of a new Memorandum of Understanding.

39.2 The MOU Article 17; Section 17.1-PERS Contribution is subject to being reopened if the PERS Employer's Cost rise above 19% during the term of this MOU.

ARTICLE 40- BI-WEEKLY PAYMENTS
The City shall provide all payments on a bi-weekly schedule to simplify payroll distribution and CalPERS reporting. This means that where a payment is identified in this MOU as a monthly benefit or described other than on a bi-weekly schedule, it shall be paid in a manner that is consistent with and prorated to the bi-weekly pay periods of the city. This is to include but not limited to, education incentive, POST certificates, bi-lingual pay, Silver PPO incentive, Opt Out incentives, etc.

This memorandum was recommended to the City Council of the City of Oroville on April 16, 2024.

OROVILLE POLICE OFFICER’S CITY OF OROVILLE

ASSOCIATION
______________________________ ______________________________ Robert Olive, OPOA President Brian Ring City Administrator OPOA MASTAGNI REPRESENTATIVE APPROVED AS TO FORM:
______________________________ ________________________________ Kristina Wicker-Estes, Mastagni Scott E. Huber, City Attorney EXECUTED BY:
________________________________
David Pittman, Mayor
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CLASSIFICATION: TIER 1 STEP A STEP B STEP C STEP D STEP E STEP F STEP G Police Dispatch Supervisor $61,628 $64,709 $67,945 $71,342 $74,909 $78,655 $82,587 Annual $5,135.67 $5,392.45 $5,662.07 $5,945.18 $6,242.43 $6,554.56 $6,882.28 Monthly $29.63 $31.11 $32.67 $34.30 $36.01 $37.81 $39.71 Hourly Police Records Supervisor $53,142 $55,799 $58,589 $61,519 $64,594 $67,824 $71,215 Annual $4,428.50 $4,649.93 $4,882.42 $5,126.54 $5,382.87 $5,652.01 $5,934.61 Monthly $25.55 $26.83 $28.17 $29.58 $31.06 $32.61 $34.24 Hourly Police Admin. Assistant $44,706 $46,941 $49,288 $51,753 $54,340 $57,057 $59,910 Annual $3,725.50 $3,911.78 $4,107.36 $4,312.73 $4,528.37 $4,754.79 $4,992.53 Monthly $21.49 $22.57 $23.70 $24.88 $26.13 $27.43 $28.80 Hourly Police Dispatcher $48,144 $50,551 $53,079 $55,733 $58,519 $61,445 $64,518 Annual $4,012.00 $4,212.60 $4,423.23 $4,644.39 $4,876.61 $5,120.44 $5,376.46 Monthly $23.15 $24.30 $25.52 $26.79 $28.13 $29.54 $31.02 Hourly MLE $41,514 $43,590 $45,769 $48,058 $50,461 $52,984 $55,633 Annual $3,459.50 $3,632.48 $3,814.10 $4,004.80 $4,205.04 $4,415.30 $4,636.06 Monthly $19.96 $20.96 $22.00 $23.10 $24.26 $25.47 $26.75 Hourly Police Records Techician $41,514 $43,590 $45,769 $48,058 $50,461 $52,984 $55,633 Annual $3,459.50 $3,632.48 $3,814.10 $4,004.80 $4,205.04 $4,415.30 $4,636.06 Monthly $19.96 $20.96 $22.00 $23.10 $24.26 $25.47 $26.75 Hourly Police Recuit $58,775.04 Annual
$4,897.92 Monthly
$28.26 Hourly
OPOA NON-SWORN 1ST TIER COMP STUDY PLUS 3%
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CITY OF OROVILLE
RESOLUTION NO. 9247

A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING AND

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SUCCESSOR

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND

THE OROVILLE POLICE OFFICERS ASSOCIATION (NON-SWORN UNIT) AND ADOPTING THE ASSOCIATED PUBLICLY AVAILABLE SALARY TABLES.

RECITALS
WHEREAS the City of Oroville and Oroville Police Officers Association (OPOA) have met and conferred pursuant to their obligations under the Meyers Milias Brown Act (CA Gov. Code 3500 et. seq.); and,
WHEREAS both parties have freely exchanged proposals and information and responded to the other party’s proposals and information relevant to the wages, hours and working conditions; and,
WHEREAS following these meet and confer sessions and exchanges of proposals, the Parties have reached an overall tentative agreement relating to all outstanding issues; and,
WHEREAS the OPOA non-sworn unit membership has ratified the overall tentative agreement;
NOW THEREFORE BE IT RESOLVED by the Oroville City Council as follows:

1. The above recitals are true and correct.

2. The City hereby ratifies and adopts the overall tentative agreement between the parties

3. The Mayor is hereby authorized and directed to execute the Successor Memorandum of Understanding between the City of Oroville and the OPOA NonSworn Unit, a copy of which is attached hereto as Exhibit “A”.

4. The City adopts the salary tables included in the MOU and directs staff to make the updated salary tables available to the public.

5. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on April 16, 2024; by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
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__________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ __________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 293
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ADMINISTRATION 1 06.02.2020

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: LIZ EHRENSTROM, HUMAN RESOURCE MANAGER

BRIAN RING, CITY ADMINISTRATOR
RE: CONSIDER AND ADOPT A SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE

OROVILLE POLICE OFFICERS ASSOCIATION (SWORN)
DATE: APRIL 16, 2024

SUMMARY
The City Council will consider and adopt the new amended and restated Memorandum of Understanding between the City of Oroville and the Oroville Police Officers Association (OPOA - Sworn).

DISCUSSION
City staff has been meeting with the Oroville Police Officers Association (OPOA) for their sworn employees unit to negotiate a successor Memorandum of Understanding. The Parties have come to an overall tentative agreement. Highlights of the agreement include the following:

Term: 3 years January 1, 2024 through December 31, 2026 Work Periods: Re-worked language on work periods, workdays, and schedules to ensure 24/7 coverage
Uniform Allowance: Employees will be allowed to purchase uniforms in March, June, September, and November.

Salary:
 Compensation Study:
o Revised Salary Tables based on negotiated Market Study results. o Employees to be placed on closest step, without going negative, +1 additional step.
 Cost of Living Adjustments (COLA):
o January 1, 2025, 3% minimum, 5% maximum increase to salary table (based on consumer price index).
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o January 1, 2026, 3% minimum, 5% maximum increase to salary table (based on consumer price index).

CTO: maximum 240 hours, mandatory cash-out annually of hours in excess of 160 (in December)
Medical Premiums: Increase to employer share of premiums for dependent plans for employees hired before October 1, 2016
 EE + 1 Gold PPO to $1240.40/month, HDHP to $1158.92/month, Silver to $1399.74/month
 EE + Family Gold PPO to $1510.50/month, HDHP to $1403.10/month, Silver to $1766.84/month
Increase to employer share of premiums for dependent plans for employees hired on or after October 1, 2016
 EE + 1 Silver to $1399.74/month
 EE + Family Silver to $1766.84/month
Safety Equipment: deleted digital recorder and digital camera (no longer used) Vacation Sign up: Deleted
Holidays: Added 1 Holiday - Juneteenth (June 19)
Vacation sick benefit: Deleted accrual of extra vacation day for non-use of sick leave Bereavement Leave: Modified to conform to current State Law (AB 1949) Discipline and Arbitration: Changes intended to streamline and clarify discipline and appeals process, align pre-disciplinary due process more closely with legal requirements.

FISCAL IMPACT
Approximate cost of $128,513 and included in this fiscal year’s budget.

RECOMMENDATIONS

1. Adopt Resolution No. 9248 - A RESOLUTION OF THE OROVILLE CITY

COUNCIL ADOPTING A SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE

OROVILLE POLICE OFFICERS ASSOCIATION (SWORN)
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ADMINISTRATION 3 06.02.2020

ATTACHMENTS
Resolution;
Strike through version of Successor Memorandum of Understanding with OPOA Sworn; and
Clean version of Successor Memorandum of Understanding with OPOA Sworn. 296
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OPOA – SWORN MOU

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF OROVILLE

AND THE
OROVILLE POLICE OFFICERS’ ASSOCIATION

SWORN UNIT
JANUARY 1, 2024 – DECEMBER 31, 2026
This Memorandum of Understanding, hereinafter referred to as the "Memorandum,” has been approved by City Council Resolution No. ______ adopted at its regular meeting of April 16, 2024.
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TABLE OF CONTENTS

ARTICLE PAGE
ARTICLE 1 - RECOGNITION/DUES DEDUCTIONS ...................................................... 4 ARTICLE 2 - SCOPE OF REPRESENTATION............................................................... 4 ARTICLE 3 - MAINTENANCE OF BENEFITS ................................................................ 4 ARTICLE 4 - CITY RIGHTS AND RESPONSIBILITIES.................................................. 4 ARTICLE 5 - SENIORITY................................................................................................ 5 ARTICLE 6 - CALL-BACK PAY....................................................................................... 6 ARTICLE 7 - STAND-BY POLICY................................................................................... 6 ARTICLE 8 - OUT OF CLASS PAY................................................................................. 6 ARTICLE 9 - LONGEVITY PAY ...................................................................................... 6 ARTICLE 10 - COURT CANCELLATION........................................................................ 7 ARTICLE 11- CANINE PAY ............................................................................................ 7 ARTICLE 12 - UNIFORM ALLOWANCE......................................................................... 7 ARTICLE 13 - COMPENSATION AND RETIREMENT ................................................... 8 ARTICLE 14 - HEALTH BENEFITS .............................................................................. 12 ARTICLE 15- ASSIGNED VEHICLES........................................................................... 14 ARTICLE 16- SAFETY EQUIPMENT............................................................................ 15 ARTICLE 17 - VACATION POLICY............................................................................... 16 ARTICLE 18 - HOLIDAYS............................................................................................. 17 ARTICLE 19- SICK LEAVE........................................................................................... 18 ARTICLE 20 - BEREAVEMENT LEAVE ....................................................................... 18 ARTICLE 21 - MATERNITY LEAVE.............................................................................. 19 ARTICLE 22 - MILITARY LEAVE.................................................................................. 19 ARTICLE 23 - APPROVED LEAVE OF ABSENCE WITHOUT PAY............................. 19 ARTICLE 24 - JURY DUTY........................................................................................... 19 ARTICLE 25 - BULLETIN BOARD ................................................................................ 19 ARTICLE 26 - PAYROLL DEDUCTIONS...................................................................... 19 ARTICLE 27 - RANDOM DRUG AND ALCOHOL TESTING ........................................ 19 ARTICLE 28 - LIGHT DUTY.......................................................................................... 20 ARTICLE 29 - LAYOFF PROCEDURE ......................................................................... 20 ARTICLE 30 - DISCIPLINE PROCEDURE ................................................................... 20 ARTICLE 31 - GRIEVANCE AND ADVISORY ARBITRATION PROCEDURE............. 24 332
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ARTICLE 32 - POLICE OFFICER CODE OF ETHICS.................................................. 26 ARTICLE 33 - PEACEFUL PERFORMANCE ............................................................... 26 ARTICLE 34 - SAVINGS CLAUSE................................................................................ 27 ARTICLE 35 - ZIPPER CLAUSE................................................................................... 27 ARTICLE 36 – TERM AND OPENING CLAUSE........................................................... 27 ARTICLE 37 - BI-WEEKLY PAYMENTS ……………………………………………….…28
EXHIBIT “A” TIER 1 SALARY SCHEDULE ………………………………...ATTACHMENT EXHIBIT “C” POLICE OFFICER’S CODE OF ETHICS ………….………. ATTACHMENT EXHIBIT “D” OPD VEHICLE USE POLICY (706)…………………………..ATTACHMENT EXHIBIT “E” SPHERE OF INFLUENCE …………………………………..ATTACHMENT 333
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ARTICLE 1 - RECOGNITION/DUES DEDUCTIONS

1.1 RECOGNITION - Pursuant to Government Code sections 3507.1, the City of Oroville recognizes the Oroville Police Officers Association (OPOA) as the exclusive representative of the Police Sworn Unit.

The Oroville Police Officers Association (OPOA) represents the following classifications:
• Police Sergeant
• Police Detective
• Police Officer

1.2 DUES DEDUCTIONS - Employees may sign up for Payroll Deductions of Association dues with the Association. The Association will certify to the City any new members of the Association.

Association agrees to provide a listing of all additions or deletions of membership or requested changes to establish payroll deductions of its members, to the City.

The Association shall indemnify, defend, and hold harmless the City, its officers, employees, and agents acting on its behalf from and against any and all losses, damages, costs, expenses, claims, demands, actions, suits, judgments and other forms of liability arising out of the application or enforcement of this Section.

Any Association member who notifies the City of their desire to discontinue dues or otherwise withdraw from Association membership shall be referred back to the Association. The City agrees to continue all dues deductions until notified of a deduction change by the Association ARTICLE 2 - SCOPE OF REPRESENTATION

2.1 This agreement covers the wages, hours, terms and conditions of employment for the term of the agreement for those employees represented by the OPOA.

ARTICLE 3 - MAINTENANCE OF BENEFITS

3.1 Changes to the City’s Personnel Rules & Regulations and policies shall require a meet and confer with the OPOA prior to implementation.

ARTICLE 4 - CITY RIGHTS AND RESPONSIBILITIES

4.1 The City retains, solely and exclusively, all the rights, powers, and authority exercised or held prior to the execution of this Memorandum, except as expressly limited by a specific provision of this Memorandum. Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and exclusively 334
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by the City enumerated herein, include, but are not limited to, the requirements of this Memorandum and/or any provision of law whether it be statutory or judicial:
• To manage and direct its business and personnel
• To manage, control, and determine the mission of its departments, building facilities, and operations
• To create, change, combine or abolish jobs, departments and facilities in whole or in part
• To subcontract or discontinue work for economic or operational reasons • To direct the work force
• To increase or decrease the work force and determine the number of employees needed
• To hire, transfer, promote and maintain the discipline and efficiency of its employees to establish work standards, schedules of operation and reasonable workload
• To specify or assign work requirements and require overtime • To schedule working hours and shifts
• To adopt rules of conduct and penalties for violation thereof • To determine the type and scope of work to be performed and the services to be provided
• To determine the methods, processes, means, and places of providing services and to take whatever action necessary to prepare for and operate in an emergency
Nothing in this Section shall be construed to limit, amend, decrease, revoke, or otherwise modify the rights vested in the City by any regulating, authorizing or empowering the City to act or refrain from acting.

ARTICLE 5 - SENIORITY

5.1 OVERALL SENIORITY - “Seniority” for the purposes of vacation accrual shall be computed based on total uninterrupted length of service with the City.

5.2 CLASSIFICATION SENIORITY - Classification seniority is defined as the total time served in the classification or higher classification within the department.

5.3 DEPARTMENT SENIORITY - Department Seniority begins upon fulltime hire in the Department.

5.4 TIES IN SENIORITY - Whenever two or more employees have the same seniority date, the order of seniority shall be determined by the employee’s ranking upon hire or appointment to the classification.

5.5 SENIORITY LIST - The Department shall provide a seniority list to the OPOA annually in July. The list shall include the employees’ name, overall seniority date with the City, current classification seniority date.
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ARTICLE 6 - CALL-BACK PAY

6.1 In the event of a call-back or return to duty, an employee shall receive a minimum of two (2) hours, at the regular rate of pay. If the time worked exceeds two (2) hours, then the employee shall receive pay for the time worked at the appropriate rate of pay, calculated to the nearest fifteen (15) minutes.

6.2 Time worked contiguous to a normally assigned shift shall be treated as normal overtime.

6.3 Should the call-back require an employee to work on a day they are not otherwise scheduled to work because of a normal day off or scheduled vacation, the minimum call-back for the purposes of 6.1 above shall be three (3) hours instead of two (2) hours.

ARTICLE 7 - STAND-BY POLICY

7.1 STRICT STAND-BY - An officer in this stand-by situation shall be directed to remain at a defined location and shall be fully ready to appear for duty in less than one (1) hour from time of direction to appear. Time spent in this stand-by situation shall be compensated at the appropriate rate of pay.

7.2 GENERAL STAND-BY - An officer in this stand-by situation may be required to appear for duty within not less than one (1) hour from the time of direction to appear. The officer shall be considered free to pursue personal activities but shall keep the appropriate authority advised of their location. Time spent in this stand-by situation shall be compensated at a rate of 1 hour of straight time per one-half day.

One (1) hour shall be the minimum compensation.

ARTICLE 8 - OUT OF CLASS PAY

8.1 An officer assigned to temporary duties of a higher job classification shall not receive the pay of the higher job classification.

8.2 At the time of assignment, the officer shall immediately receive 5% above base pay. This incentive shall not stack with OIC pay.

ARTICLE 9 - LONGEVITY PAY
In recognition for many years of continuous service as a City of Oroville employee, the City shall make an annual award to each qualifying employee in the amounts shown below:

YEARS INCENTIVE
20 years or more $300.00
15-19 years $150.00
The City Council shall decide on the timing and manner for the award presentation. 336
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ARTICLE 10 - COURT CANCELLATION

10.1 COURT CANCELLATION - In the event of a cancelled court appearance after 7 pm the day before the officer is required to appear, the officer shall receive two (2) hours of pay at the regular rate of pay if it is the officer’s regular workday or three (3) hours at the regular rate of pay if it is the officer’s regular scheduled day off.

The earned hours will be assigned to an individual account of compensatory time off from duty, unless the officer has reached his/her 240-hour maximum for compensatory time off, in which case it will be paid at the officer’s regular rate of pay.

ARTICLE 11- CANINE PAY

11.1 CANINE PAY - All assigned canine officers shall be compensated for 15 minutes per day, at a rate of 1½ times their current rate of pay, for the time committed to home maintenance of their police canine, which includes, but is not limited to, grooming, walking, feeding, bonding, and other care necessary.

ARTICLE 12 - UNIFORM ALLOWANCE

12.1 Each employee covered by this Memorandum may purchase uniforms up to $950 per calendar year. Employees may purchase uniforms in the following months:

March, June, September, and November each year.

Newly hired employees shall initially be eligible for $950 to purchase uniforms and necessary safety equipment not issued by the agency. At the one-year anniversary date the employee shall become eligible at the next purchase month.

12.2 Uniforms may be purchased on account from the City vendor or if purchased elsewhere, employee will pay up front and get reimbursed upon presenting receipts. Reimbursements shall be paid during a normal payroll cycle and shall include any required deductions for taxes and/or pension contributions as applicable. Uniforms shall be purchased according to the Oroville Police Department Uniform Policy No. 1045, for any article for Class A (1045.7), B (1045.7.2), C (1045.7.3) or D (1045.7.4) uniforms.

12.3 Employees may purchase the following list of equipment, if they so desire, as long as it is black leather basket weave or similar imitation leather, such as Mirage or Bianchi: (See attached Exhibits F and G)
Double magazine holder
Key Holder
Pepper spray pouch
Baton retention ring
Radio holder
Handcuffs, handcuff case and handcuff key(s)
Flashlight and flashlight holder
Keepers
Reflective vest
Rain gear
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The City will not pay for or reimburse for any uniform articles or equipment that is not mentioned above. If there is a question of whether the uniform article purchase will or will not be reimbursable, employees shall utilize their chain of command to seek prior authorization from the Chief of Police, before said purchases are made.

ARTICLE 13 - COMPENSATION AND RETIREMENT

13.1 SALARY - The City agrees to compensate OPOA employees in accordance with the Classifications and Compensations as set forth in the attached Exhibit “A.” The Salary Schedule shall be adjusted in accordance with negotiated equity adjustments. Employee shall be placed on nearest positive step, plus 1 additional step. Pay increases shall be retroactive to December 25, 2023.

13.2 SALARY STEPS - All salary steps are to be based on merit. Advancements shall not be automatic but shall depend upon increased service value of an employee to the City as exemplified by recommendations of the employee’s supervising official, length of service, productivity, performance record, special training undertaken, or other pertinent evidence.

SALARY TIER 1 EMPLOYEES - Employees hired before January 1, 2018, shall be a tier 1 employee, which is 5% in between each salary step.

Both parties agree that the City shall have the right to reinstitute the Tier two Salary Schedule as exhibit B and include the same top step and bottom step as Exhibit A but with additional steps with 2.5% between each step. Tier two would be for new hires after date of implementation only. Tier two may only be reinstituted in an effort to mitigate layoffs during layoff impact meet and confer if layoffs become necessary.

13.3 COST OF LIVING ADJUSTMENTS 2025 & 2026
• Effective the pay period that includes January 1, 2025, the City shall implement a Cost-of-Living Adjustment (COLA) for all classifications based on the annual SF/Hayward/San Jose CPI – October 2024, but in any event this shall be no less than 3% and no greater than 5%. • Effective the pay period that includes January 1, 2026, the City shall implement a Cost-of-Living Adjustment (COLA) for all classifications based on the annual SF/Hayward/San Jose CPI – October 2025, but in any event this shall be no less than 3% and no greater than 5%.

13.4 DETECTIVE INCENTIVE – Police officers assigned to the detective division shall receive a five percent (5%) differential above their base pay for all hours worked.

The Department shall assign a minimum of two (2) Police Officers to the Detective Division for a three (3) year rotational period. Police Officers assigned to the Detective Division to work in a multi-agency task force shall receive the five (5%) differential but will not be regarded as fulfilling the rotational positions. 338
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Police Officers shall continue to receive five (5%) percent differential for the duration of their three (3) years rotation unless they are reassigned to the Patrol Division due to staffing levels for a period of thirty (30) days or longer. Time when the police officer is not receiving the five (5%) percent differential will not count as part of their three (3) year rotation.

13.5 OFFICER-IN-CHARGE (OIC) - The City approves of two full-time permanent officer-in-charge (OIC) positions with a five percent (5%) specialty pay differential from the officer’s current pay step at the time of appointment.

Officer-in-charge appointments will be made at the discretion of the Chief of Police after all interested members are identified. Selection shall occur after an oral interview with the Chief. After appointment to OIC, the member must complete the POST Supervisory Course within 12-months or, at the discretion of the Chief of Police, the next available training class. Removal of an officer-in-charge shall be at the sole discretion of the Chief of Police. Such action shall not be considered disciplinary and shall not give rise to appeal under the Memorandum of Understanding, City Ordinances, the Peace Officer’s Procedural Bill of Rights Act, or any applicable state or federal law.

13. 6 FIELD TRAINING OFFICER (FTO) - Any officer who is a qualified Field Training Officer (FTO), having completed the P.O.S.T. certified training for said position, and who fulfills such assignment; shall receive a five percent (5%) differential for all hours worked in that capacity.

13.7 BI-LINGUAL PAY - Employees proficient to a working level in a non-English language that is commonly encountered in the area shall receive $200 per month.

Languages currently eligible for bi-lingual pay are Spanish, Hmong, Mien and Vietnamese, or any other languages as approved by the City Administrator.

13.8 SHIFT DIFFERENTIAL PAY - Employees working swing shift (between the hours of 1600 and 0200) shall receive an additional $.58 per hour to their base pay for shift differential. Employees working the graveyard shift (between the hours of 2000 and 0600) shall receive an additional $1.16 per hour to their base pay for shift differential pay.

13.9 SHIFT SCHEDULE AND ROTATION
(a) FLSA Period: Sworn employees are subject to an FLSA work period that is fourteen (14) days in length with an FLSA overtime threshold of 80 hours, pursuant to 29 U.S.C. Section 207(k)
(b) At the discretion of the Chief of Police and with 14 days’ notice to the police officers, a 5/8, 4/10, 3/12, or 4/12 schedule may be implemented to meet the needs of the Department and City. Any variance of the above schedules may also be allowed through mutual agreement of the Association and the Police Chief to provide (24) hour coverage.
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13.10 OVERTIME
The parties mutually recognize and acknowledge the existing 14-day 207(k) work period that governs all sworn law enforcement personnel. Per 29 U.S.C. 207(k), the FLSA overtime threshold for sworn law enforcement personnel in the 14-day work period is 80 hours.
(a) In computing the hours worked in any workweek, time off duty for holidays, vacations, and compensatory time off (CTO) shall be calculated as time worked.

Earned overtime shall be paid in the regular bi-weekly payroll, provided however, that the employee may elect to have the monetary value of the overtime assigned to an individual account of compensatory time off from duty. (b) Time worked contiguous to a normally assigned shift shall be treated as overtime.
(c ) The department shall not change an employee’s shift solely for the reason of avoiding payment of overtime. In the event that less than 48 consecutive hours advance notice is given by the department of such change, the first shift shall be compensated at the rate of one and one-half (1-1/2) times their regular rate of pay, as a one-time stipend. This section shall not apply to voluntary shift trade amongst employees.

13. 11 COMPENSATION TIME OFF (CTO) -
Members may accrue compensatory time in lieu of overtime pay. The accrual rate for CTO shall be one and one-half hours for each hour of overtime worked. a. No more than 240 hours of CTO may be carried on the books at any time. b. A member’s decision to elect CTO instead of overtime pay is irrevocable. c. Upon separation, the member will be paid at the member’s current hourly rate for the remaining CTO balance.
d. CTO may be cashed out in March and December. In the case of an emergency, CTO may be cashed out at the discretion of the Chief of Police. e. Accrued CTO balance above 160 hours as of November 30th shall be cashed out and paid on the second paycheck in December each year. f. Members shall have the CTO cash out on a separate check. g. Requests made 21 days in advance shall be honored, unless, at the Chief of Police’s discretion, staffing levels are such that honoring the request would pose an undue hardship on the department.

13.12 The department shall not change an employee's regularly assigned shift solely for the reason of avoiding payment of overtime. In the event that less than 48 consecutive hours advance notice is given by the department to the subject unit employee of such change, the first shift shall be compensated at the rate of time and one-half, as a one-time shift-change stipend. This section shall not apply to a voluntary shift trade between unit employees.
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13.13 POST INCENTIVE PAY - All employees shall be eligible for POST incentive pay as follows:
• P.O.S.T. Intermediate Certificate $75.00/Mo.
• P.O.S.T. Advance Certificate $150.00/Mo.

No employee may receive compensation for more than one certificate.

13.14 EDUCATIONAL INCENTIVE PAY - All employees shall be eligible for education incentive pay as follows:
• B.A. or B.S. degree $250.00/Mo.
• A.A. or A.S. degree or 60 units $125.00/Mo.

The employee must have taken undergraduate course work provided by a community college, college, or university or other educational institution, which is recognized and published by the U.S. Secretary of Education, in pursuit of an AA, AS, BA, BS or undergraduate certification.

13.15 P.E.R.S. CONTRIBUTIONS
CLASSIC MEMBERS -.All OPOA Sworn members employed with the City prior to January 1, 2013, shall maintain their current CalPERS formula and retirement benefit calculations. All classic members shall pay a member contribution of 12%.

NEW MEMBERS - Effective January 1, 2013, and upon hire, all new OPOA Sworn members shall receive the 2.7%@57 formula and shall pay 50% of the normal cost, as determined by CalPERS, plus an additional 3% cost sharing contribution. “New members” shall be defined as individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was not a member of another public retirement system prior to that date, and who is not subject to reciprocity with another public retirement system.

MISCELLANEOUS PROVISIONS -
• The City agrees to maintain the 4th Level 1959 Survivor Benefit for all members. • Effective January 1, 2013 or after, new OPOA Sworn members will have their retirement benefit calculations based off their three (3) highest years.

13.16 DEFERRED COMPENSATION - The City shall offer regular full-time employees the opportunity to participate in a Section 457 Deferred Compensation Plan.

13.17 Each subsection of this article shall be cumulative and not compounded.

13.18 PUBLIC EMPLOYEE PENSION REFORM ACT - It is the intent of the Parties that the terms set forth herein be consistent with the provisions of the Public Employee Pension Reform Act (“PEPRA”) effective January 1, 2013, as it may be amended from time to time. In the event that the provisions of PEPRA are inconsistent with the provisions of this Agreement, the provisions set forth in PEPRA shall prevail. 341
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ARTICLE 14 - HEALTH BENEFITS

14.1 The City agrees to continue to provide insurance benefits for employees and their dependents, who are otherwise qualified and who desire coverage of medical, dental, life and long-term disability insurance.

The City currently contributes the following amounts towards medical insurance:

Tier 1 Health Benefits
(Employees hired prior to February 19, 2019)
Plan Gold PPO HDHP-10% Silver PPO
Employee Only 100% 100% 100%
Employee + 1 $1,240.40 $1,158.92 $1,399.74
Employee +
Family
$1510.50 $1, 1403.10 $1,766.84
Tier 2 Health Benefits
(Employees hired after February 19, 2019)
Plan Gold PPO HDHP-10% Silver PPO
Employee Only Silver PPO Rate Silver PPO Rate 100%
Employee + 1 0 0 $1,399.74
Employee +
Family
0 0 $1766.84
• The City currently contributes $59.10 per month, per employee, for dental insurance.
• The City currently contributes 100% per month, per employee, for vision insurance.
• The City currently contributes 100% per month, per employee, for life and long-term disability insurance.

14.2 HEALTH INSURANCE REVIEW COMMITTEE - The purpose of the Committee is on-going review of health, dental, vision plans, and the making of recommendations to the City Council, City Administrator and the respective member group regarding benefit level, services, cost, and alternative plans.

Committee members shall establish guidelines for conducting meetings and their frequency. Employees shall not be charged vacation or other leave time if such meetings are held during the member's normal work hours, nor shall such members receive overtime or call back pay for service on the Committee. Up to two members from each Association may attend the meetings. The Committee shall have access to information as necessary to carry out its purpose. 342
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14.3 APPROVAL OF FUTURE PLAN CHANGES – Both the City and the OPOA will have the opportunity to present proposals on insurance plans and rates.

Notwithstanding any provision of this subsection to the contrary, the City employee groups agree that future changes in the health and dental insurance plan benefits or structure shall be approved by a majority of the employees of the City who are covered by the plan who vote on such changes.

The Health Insurance Review Committee established in Section 14.2 shall review and recommend to the Oroville City Council those proposed changes in the plan benefits and structure to be voted upon by the employees. The proposed changes reviewed by the Committee may be initiated by the Committee, or by the City, by and through the City Administrator. After review and acceptance of Committee recommendations by the City Council, the City Clerk shall, within fifteen (15) calendar days, conduct a secret ballot election of covered employees. The City Clerk shall then report the results of the election to the Committee and the City Council. Notwithstanding the provisions hereof, should the Committee decline to recommend a City proposal for submittal to a vote of the covered employees, the City bargaining units agree to meet and confer with the City, upon the City’s request, concerning any such proposal. If, after a reasonable period of negotiations, including implementation of established impasse procedures, an agreement has not been reached on the City's proposal, the City may submit the proposal to a vote of all covered employees, in which case the results of the election shall be final.

If the City agrees to enter into the CalPERS Health Plan and later decides to exit the CalPERS Health Plan, OPOA members may stay with CalPERS Health Plan as long as the City’s new rate plan is not affected by more than five (5%) percent because of the reduced membership in the new insurance plan.

14.4 RETIREE MEDICAL
(a) City Paid Medical Benefit After Retirement

1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 25 years of service, or 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provided by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

2. The City agrees to provide 75% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to 343
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employees who have completed 15 years of service with the City of Oroville, and are at least 5 years past their earliest retirement date provided by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

3. The City agrees to provide 50% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provided by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

14.5 INTERNAL REVENUE CODE SECTION 125 COLLABORATION
The City and the OPOA agree to collaborate in the planning and implementation of a program qualified under Section 125 of the Internal Revenue Code.

14.6 RETIREE MEDICAL SICK LEAVE CONVERSION
LONG TERM EMPLOYEES – Employees with 5 or more years of City service as of February 19, 2019 that regularly retire from City service may convert up to 100% of their accumulated sick leave to purchase medical insurance, based upon such leave dollar value at the time of retirement.

NEW HIRES - Employees hired after February 19, 2019, are ineligible for retiree medical sick leave conversion.

14.7 PERS SICK LEAVE CONVERSION – The City agrees to allow Sick Leave Conversion for PERS Retirement Credit.

ARTICLE 15- ASSIGNED VEHICLES

15.1 The City shall assign each employee covered by this agreement a City owned vehicle, as referenced in the Oroville Police Department Vehicle Use Policy #706, attached as Exhibit D.

15.2 Employees shall be allowed to take their assigned vehicle home provided they meet the following criteria:
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(a) Employee lives within the “sphere of influence,” as depicted on the map attached as Exhibit E.
(b) Off-street parking shall be available at the officer's residence. (c) Vehicles shall be locked when not attended.
(d) Shotguns/long guns shall remain locked in the vehicle secured in their respective lock devices, placed in the trunk, or properly secured in the residence when the vehicle is not attended.

Beginning December 31, 2013, employees who reside outside of the “sphere of influence,” cannot take home their Assigned Vehicle and will be provided stipends of $200 per month to offset the cost of the use of their personal vehicles to travel to and from their residences. As of January 1, 2014, any new employees, or current employees who move their residence outside of the “sphere of influence,” will not be eligible for the stipend.

The Chief of Police, at his/her discretion, may allow or require members who live outside of the “sphere of influence” to take home Assigned Vehicles based on the nature of their assignments. Employees who are assigned vehicles do not have the option of refusing the assigned vehicles and maintaining the stipend. If and when the specialty assignment ends, employees who live outside of the “sphere of influence” will resume their stipend, as long as they have not move inside of the “sphere of influence.”
ARTICLE 16- SAFETY EQUIPMENT

16.1 SAFETY EQUIPMENT - The following items will be purchased by the City and will remain the property of the same:

1. One Triple retention duty weapon Holster and duty weapon

2. One Sam Brown duty belt

3. One double stack magazine holder

4. Two ammunition magazines

5. One key holder

6. One pepper spray pouch

7. One canister of pepper spray

8. One baton retention ring

9. One PR-24 baton

10.One radio holder

11.One Police Radio

12.One Taser and Taser holder

13.Two sets of handcuffs and handcuff case

14.One Flashlight and flash light holder

15.Five keepers

16.One reflective vest

17.One bullet resistant vest

18.One set of rain gear (coat and pants)

19.One shot gun

20.One riffle

21.One fingerprint kit
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The City will provide the normal equipment maintenance. Upon termination of employment, the items above will be returned to the City.

16.2 Special equipment, upon availability, will be issued to the individual employee who shall be both accountable for the equipment and responsible for the care of the equipment. The City will provide the normal equipment maintenance.

ARTICLE 17 - VACATION POLICY

17.1 Every employee who, on the most recent anniversary date of employment shall be entitled to vacation as follows:
• 1 through 4 years 80 hours
• 5 through 11 years 120 hours
• 12+ years – 8 hours for each additional year to a maximum of 160 hours.

17.2 VACATION CARRYOVER - The employee shall cease to earn vacation benefits that exceed two (2) times the employee’s annual earned vacation. Included in the calculation of the accrual ceiling are the vacation days earned as sick leave incentive, as herein provided.

An employee who has properly attempted to schedule vacation to avoid forfeiture that may be imposed due to the accrual ceiling may petition the Chief of Police and City Administrator to carry over vacation in excess of the ceiling, but in no case shall the excess be subject to pay-off. The Chief of Police has the prerogative to assign the employee time off to avoid excess accrual. No unit employee will lose vacation accrual rights if their vacation is canceled or is denied and, at the time said vacation was requested, an appropriate "vacation slot" was available and was applied for in a timely and proper manner. The employee's payroll check from the City shall serve as notification of the employee vacation accrual.

17.3 An employee who is on leave of absence without pay for a period exceeding thirty (30) consecutive days shall fail to qualify for full vacation benefits but shall be entitled to prorated vacation benefits. An employee whose employment is terminated prior to the completion of the anniversary year shall be entitled to prorated vacation.

17.4 Vacation/Longevity Seniority Bridge
The Police Chief may petition the City Administrator for a seniority bridge. Upon City Administrator approval, a seniority bridge may be implemented to help with recruitment and retention.

The seniority bridge applies to vacation accrual and longevity pay only. Only prior public sector service in the same or substantially similar classification will apply. 346
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An example of the application of seniority bridge is a new hire has ten (10) years of prior service as a Police Officer with a County or City Police Department. The new hire (lateral) would be entitled to the ten (10) years vacation accrual rate and ten (10) years longevity rate with the city.

For purposes of this section, “YEARS OF SERVICE" includes an employee’s years of service at their most recent law enforcement employer.

ARTICLE 18 - HOLIDAYS

18.1 The following holidays shall be observed by the City:
(1) New Year's Day, January 1
(2) Martin Luther King Day, 3rd Monday in January
(3) Lincoln's Birthday, February 12
(4) President's Day, 3rd Monday in February
(5) Memorial Day, last Monday in May
(6) Juneteenth, June 19th
(7) Independence Day, July 4
(8) Labor Day, the 1st Monday in September
(9) Veteran's Day, November 11
(10) Thanksgiving Day, 4th Thursday in November
(11) The day after Thanksgiving
(12) Christmas Eve Day, December 24
(13) Christmas Day, December 25
(14) Floating Holiday, Refer to Article 17.5
Holiday Pay:

18.2 Employees shall be compensated for each holiday on a shift basis (10 hours for a 10-hour shift; eight (8) hours for an 8-hour shift) of straight time compensation.

18.3 In the event the employee is required to work on any of the specified holidays set forth above, the compensation shall be one- and one-half (1 ½) times the straight time rate of pay irrespective of when holidays may be observed by the employee.

18.4 The employee may choose to bank holiday hours in a “Holiday Pay” bank. All holiday hours will be cashed out by the first paycheck in December of each year as prescribed by the Public Employee Retirement System, with the option of having a separate check or include it in payroll.

18.5 The City agrees to provide the employees one floating holiday that must be used by the end of the calendar year. If the requested time off would require that another person be called back, held over, or the vacancy filled through overtime, the leave will not be granted. The Chief of Police and the City Administrator may grant an extension.
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ARTICLE 19- SICK LEAVE

19.1 Sick leave is a privilege, which can be allowed only in case of actual sickness or injury of such employee or of an employee of the immediate family, which compels an employee to be absent from work. To qualify for sick leave, an employee must notify their supervisor prior to the time set for beginning daily duties, in accordance with such procedures established by the City.

19.2 An employee may be allowed a leave of absence from duty without loss of salary on account of sickness or injury. Sick leave with pay is cumulative at the rate of eight (8) hours for each month of service beginning the first calendar month following regular probationary employment.

19.3 An employee returning to duty after an absence of more than three (3) consecutive days without loss of salary resulting from sickness or injury shall provide the immediate supervisor for filing in the employee's personnel file, a doctor's certificate verifying the employee was ill or injured.

19.4 Sick leave shall not be granted to any employee who is absent from duty due to illness or injury incurred while working for other than the City of Oroville.

19.5 Employees shall accumulate unused sick leave without limitation.

19.6 An employee shall not be required to use any Sick Leave for medical and/or dental appointment(s) but may use accumulated Vacation time or Compensating Time Off (CTO) in lieu thereof.

ARTICLE 20 - BEREAVEMENT LEAVE

20.1 BEREVEMENT LEAVE - Employees who have completed thirty (30) days of service are entitled to receive up to 40 hours of bereavement leave per occurrence. Leave shall not be charged to the member's sick leave when compelled to be absent from duty by reason of death, or where death appears imminent, of an immediate family member. An employee desiring such leave shall notify, in writing, the Chief of Police of the time of absence expected and the date of return to City service.

For the purpose of this article, an immediate family member is defined as spouse, domestic partner, natural, step, adopted, foster or legal child, or parent, stepparent, brother, sister, grandparent, grandchild, brother-in-law, sister-in-law, mother-inlaw, or father-in-law.

ARTICLE 21 - MATERNITY LEAVE

21.1 MATERNITY LEAVE - Such leave shall be in accordance with applicable State and/or Federal law pursuant to California Government Code 19991.6. 348
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ARTICLE 22 - MILITARY LEAVE

22.1 MILITARY LEAVE - Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the City Administrator as much notice as possible prior to taking leave.

ARTICLE 23 - APPROVED LEAVE OF ABSENCE WITHOUT PAY

23.1 UNPAID LEAVE - Regular or probationary employees may request, in writing, leave without pay. Response to such request shall be in writing. The Chief of Police may grant a leave of absence without pay for a period not to exceed three (3) months. The leave of absence may be extended up to twelve (12) months by the City Administrator. Leaves of absence longer than twelve (12) months shall require approval by the City Council. Upon expiration of a regularly approved leave or within a reasonable period after notice of return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee, on leave, to report promptly at its expiration shall be deemed to be a resignation and be so notified.

If the approved leave of absence is more than thirty (30) days, the employee:

A. Shall not accrue seniority.

B. Shall not receive contributions towards any benefits.

C. May continue medical benefits and/or life and long-term disability plans; said employee shall be responsible for 100% of the premium costs.

ARTICLE 24 - JURY DUTY

24.1 JURY DUTY - Every employee who is called or required to serve, as a juror, upon notification and appropriate verification submitted to their supervisor, shall be entitled to be absent from their duties with the City during the period of such service or while necessarily being present in court as a result of such call. No deduction shall be made from the salary of an employee while being interviewed for or while serving on a jury.

ARTICLE 25 - BULLETIN BOARD

25.1 BULLETIN BOARD - A bulletin board shall be provided to the OPOA for use of association business. This does not include an electronic bulletin board.

ARTICLE 26 - PAYROLL DEDUCTIONS

26.1 PAYROLL DEDUCTIONS - The City shall deduct an authorized amount from each employee’s paycheck to be remitted monthly to OPOA. The OPOA shall indemnify and hold the City harmless against any and all claims against the City as a result of implementation of this article.

ARTICLE 27 - RANDOM DRUG AND ALCOHOL TESTING

27.1 RANDOM TESTING - OPOA members agree to the City of Oroville’s Substance 349
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Abuse Policy Statement, administered by DATCO, as outlined in the City of Oroville’s Policy and Procedures, for the term of this Memorandum only.

Notwithstanding anything to the contrary in the City of Oroville’s Substance Abuse Policy Statement, the City may not make any changes in the Policy or its application relative to members of the OPOA without written mutual agreement of the parties.

ARTICLE 28 - LIGHT DUTY

28.1 LIGHT DUTY - Members unable to perform their regularly assigned duties as a result of illness or injury (on or off the job) may be required to perform duties the City and the member’s physician have determined as an acceptable assignment and shall not impede the member's recovery. The member shall receive the rate of pay in effect prior to the illness or injury, but that rate of pay shall be reduced by the amount of monies received from any other source to which the City contributes.

Assignments under this provision may be full time or part time and shall be based on the Department needs fitting the capability of the disabled member. Member will be assigned to a 40-hour workweek during the Light Duty assignment.

ARTICLE 29 - LAYOFF PROCEDURE

29.1 LAYOFF PROCEDURE - If the City finds it necessary to impose layoffs, then the order of those layoffs shall be determined by Classification Seniority as defined in Section 5.2.

29.2 BUMPING RIGHTS - An employee who is laid off from a higher class may assume a previously held position based on Overall Seniority as defined in Section 5.1.

29.3 ORDER OF LAYOFFS - Prior to laying off a full-time employee all part-time or extra help employees shall be laid off.

ARTICLE 30 - DISCIPLINE PROCEDURE

30.1 City Policy, Public Safety Officer Procedural Bill of Rights and Department Policies:

It is the policy of the Department that discipline of Departmental employees be imposed on an appropriate and consistent basis. When an employee engages in misconduct in the judgment of the Department Head, disciplinary action will be initiated.

When job performance is unsatisfactory in the judgment of the Department Head, disciplinary action may be initiated.

Department Head in the case of the Oroville Police Department shall be the Chief of Police.

30.2 Definition: As used herein, “disciplinary action” means written reprimand, suspension without pay, reduction in pay, demotion, or dismissal. 350
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30.3 Persons Authorized to Initiate Disciplinary Action: Discipline may be initiated by those authorized in the City Personnel Rules

30.4 Cause for Disciplinary Action: Discipline shall be for cause. Examples of conduct or performance deficiencies that may warrant discipline include, but are not limited to (more examples may be found in the City Personnel Rules and Departmental Policies):

A. Misstatement of facts during the hiring process;
B. Falsification of any entry on a City document (e.g., timecard, expense report)
C. Disclosure of confidential information;
D. Insubordination or willful disobedience;
E. Incompetence, inefficiency, or unsatisfactory job performance; F. Discriminatory, discourteous or unbecoming behavior; G. Theft, misuse, or unauthorized use or possession of City property; H. Dishonesty;
I. Misconduct, i.e., any behavior that brings harm or discredit to the City; J. Being under the influence of illegal drugs or alcohol or possessing illegal drugs while on City property or on official business;
K. Conviction of a felony or misdemeanor that involves moral turpitude, or any other conviction or pleas of nolo contendere (no contest) or diversion for such offense, which adversely affects or brings discredit to the City; L. Excessive absence or tardiness;
M. Absence without approved leave;
N. Violation of a City rule, policy, or procedure; i.e. Violence in the workplace policy, Unlawful harassment, etc.

O. Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract by the City; participating in any outside employment that adversely affects the employee’s City work performance; and engaging in unauthorized outside employment
P. Loss or failure to maintain any license, certification, and/or clearance which is required as a minimum qualification or condition of employment for the employee’s position.

30.5 PRELIMINARY NOTICE OF DISCIPLINARY ACTION:

A. A copy of the preliminary notice of disciplinary action shall be served upon the employee either personally or by first class mail and certified mail, return receipt requested, to the last known address of the employee. The last known address shall be deemed to be the last address that is within the employee’s official personnel file. If notice is provided by mail, the employee shall be deemed to have received notice ten (10) workdays after the date of the mailing.

B. The Preliminary Notice shall include:
a. A statement of the nature of the disciplinary action; 351
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b. The effective date of the disciplinary action;
c. A statement of the reasons for the disciplinary action citing the item(s) under Article 30.4, or the Personnel Rules which have been violated; d. Any supporting material;
e. A statement advising the employee of the right to appeal the action, the manner and time of which the appeal must be made, and the required content of the appeal; and,
f. The name and address of the person to whom all written communication regarding this appeal shall be sent.

30.6 RESPONDING TO PROPOSED DISCIPLINE:

A. An employee who is subject to disciplinary action involving loss of pay, suspension, demotion or termination of employment shall have the right, within five (5) work days after receiving a Proposed Notice of Disciplinary Action to request a Skelly Meeting by filing a written request for a meeting signed by the employee or the employee’s representative with the employee’s consent with the City Personnel Director.

B. Failure to respond or inaction within the specified time will result in the waiver of the right to a Skelly meeting and the proposed discipline becoming final.

30.7 APPLICATION OF APPEAL PROCEDURE:

A. Permanent Status: This article shall only apply to employees with permanent status with the City.

B. Probationary Status: An employee in probationary status shall have no right to grieve or arbitrate release from probationary appointment.

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E. Upon the request of an employee, a written reprimand, counseling memorandum or letter of instruction may be removed from an employee’s personnel file one year from date of issue in compliance with Public Safety Officers Procedural Bill of Rights codified in the California Government Code 3300-3311 and applicable City Ordinances and Departmental Policies. The decision to remove such materials shall be solely within the discretion of the Department Head.

30.8 APPEAL OF DISCIPLINARY ACTION:

C. Appeals of disciplinary actions to advisory arbitration shall be pursuant to Article Thirty-one Step 4 (Grievance and Advisory Arbitration Procedure) of this Memorandum of Understanding.
a. An appeal of a disciplinary action is a complaint of a permanent employee to determine whether or not there was cause for the disciplinary action, equitable discipline for the offense committed, bias and or investigatory issues arising during the investigation of the complaint.
b. The parties to the discipline hearing and to the selection of the arbitrator shall be the employee, who may be represented by The Association self-represented, or independent counsel, and the City, which may be represented by the Personnel Department or counsel.
c. The fees and expenses of the arbitrator, a court reporter, and a transcript if required by the arbitrator, shall be shared equally by both parties.

Advisory arbitration is the exercise of due process regarding an employee’s property interest in his or her profession.

D, An employee’s failure to adhere to any timeframe provided for in this section or in the Articles Governing Arbitration shall be deemed to be an abandonment of the appeal, shall terminate the appeal process and no further appeal steps shall be available.
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ARTICLE 31 - GRIEVANCE AND ADVISORY ARBITRATION PROCEDURE

31.1 PURPOSE - This grievance and advisory arbitration procedure shall be used to process and resolve grievances arising under this Agreement. • To resolve grievances informally at the lowest possible level. • To provide an orderly procedure for reviewing and resolving grievances promptly.

31.2 DEFINITIONS -

31.2.1 A grievance is a complaint of one (1) or a group of employees, or a dispute between the City and the Association, involving the interpretation, application, or enforcement of the express terms of the Agreement.

31.2.2 As used in this procedure, the term "immediate supervisor" means the individual who assigns reviews and directs the work of an employee.

31.2.3 As used in this procedure the term "party" means an employee, the Association or the City.

31.2.4 As used herein, representative or the Association representative, if an employee of the City, refers to an employee covered by the OPOA.

31.2.5 As used herein, workday shall represent any day that City Hall is open for business.

31.3 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, but with the written consent of all parties, the time limitation for any step may be extended.

31.4 PRESENTATION - An employee or the Association representative, who is a fulltime employee, or both, may present a grievance while on duty. The City agrees not to exclude employees from grievance hearings for the purposes of suppressing evidence or exclusive testimony.

31.5 EMPLOYEE RIGHTS - The employee retains all rights conferred by Section 3300, et seq., of the Government Code. Grievances pertaining to an individual employee must be signed by the employee personally on all appeals.

31.6 APPLICATION - Grievances shall be brought through this Article.

31.7 INFORMAL DISCUSSION - The grievance initially shall be discussed with the immediate supervisor. The employee may be represented by the President of the Association. Within five (5) workdays, the immediate supervisor shall give a decision or response.
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31.8 FORMAL GRIEVANCE – STEP 1 -

31.8.1 If an informal grievance is not resolved to the satisfaction of the grievant, or if there is reason to bypass the informal step, a formal grievance may be initiated. A formal grievance may be initiated no later than:

31.8.1.1 Ten (10) workdays after the event or circumstances occasioning the grievance; or the employees’ knowledge of the occurrence which gives rise to the grievance or

31.8.1.2 Ten (10) workdays of the decision rendered in the informal grievance procedure.

31.8.2 A formal grievance shall be initiated in writing and shall be filed with the persons designated by the appointing authority as the first level of appeal.

The grievant may be represented by the Association representative.

31.8.3 Within ten (10) workdays after the initiation of the formal grievance, the designee of the appointing authority at the first level of appeal shall investigate the grievance and give a decision in writing to the grievant.

31.9 FORMAL GRIEVANCE – STEP 2

31.9.1 If the grievant is not satisfied with the decision rendered pursuant to Step 1, the grievant may appeal the decision within ten (10) workdays to the Chief of Police or designee. The grievant may be represented by the Association or designee. If the Chief of Police or designee is the first level of appeal, the grievant may bypass Step 2.

31.9.2 Within ten (10) workdays after the initiation of the Step 2, the Chief of Police or designee at the first level of appeal shall investigate the grievance and give a decision in writing to the grievant.

31.10 FORMAL GRIEVANCE – STEP 3

31.10.1 If the grievant is not satisfied with the decision rendered pursuant to Step 2, the grievant may appeal the decision within ten (10) workdays to the City Administrator. The Association or designee may represent the grievant.

31.10.2 The City Administrator or designee shall schedule a mutually agreeable time to hear the grievance, which shall be within ten (10) workdays of the receipt of the grievance. The City Administrator or designated representative shall respond in writing to the grievance within ten (10) workdays following the grievance hearing.

31.11 ADVISORY ARBITRATION – STEP 4 - If the City Administrator or designee fails to respond in writing as provided in Step 3, or if the response is not satisfactory to the grievant, the Association shall have the right to refer the matter to advisory arbitration. Such referral shall be made by written demand submitted to the City Administrator within ten (10) workdays of receipt of the Step 3 decision.

31.12 RESPONSE - If the City fails to respond to a grievance within the time limits specified for that step, the grievant shall have the right to appeal to the next step. 355
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31.13 COPY OF DECISION - At each step of the formal grievance procedure, a copy of the decision shall be sent to the Association at the same time as the decision is sent to the grievant.

31.14 ASSIGNMENT OF AN ARBITRATOR - An arbitrator shall be selected jointly by the parties within ten (10) workdays of receipt of the written demand. In the event the parties are unable to agree on an arbitrator within the time stated, the parties shall solicit from the State of California Mediation/Conciliation Service a list of seven (7) arbitrators. The parties shall alternately strike one name from this list and the remaining name shall be the selected arbitrator. Failure to participate in the selection process within the proscribed timeframe or pursuant to an extension mutually agreed to between the Parties shall constitute an abandonment of the appeal.

31.15 FINDINGS - The arbitrator shall submit his/her findings and recommendations in writing to the City and the grievant.

31.16 CITY COUNCIL REVIEW

1. The City Council may approve, modify or reverse the findings of the arbitrator and its decision shall be final.

31.17 COSTS - The fees and expenses of the arbitrator and the court reporter, if required by the arbitrator or requested by a party, shall be shared equally by the parties the parties shall bear their own witness fees; however, OPOA shall not be charged any witness fees for City employees.

31.18 WITNESSES - The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an advisory arbitration hearing held pursuant to the Agreement. The Association agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.

ARTICLE 32 - POLICE OFFICER CODE OF ETHICS

32.1 OPOA members shall abide by the Police Officer Code of Ethics attached hereto as Exhibit “C.”
ARTICLE 33 - PEACEFUL PERFORMANCE

33.1 The City and the OPOA recognize and acknowledge that the services performed by the employees covered by this Memorandum are essential to the public health, safety, and general welfare of the residents of this jurisdiction. The OPOA agrees 356
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that under no circumstances during the term of this agreement will the OPOA recommend, encourage, cause or permit its employees to initiate, recognize, participate in, nor will any employee of the bargaining unit take part in any strike, sit-down, stay-in, sick-out, slow-down, or picketing related to labor relations matters (hereinafter collectively referred to as work stoppage), in any office or department of this jurisdiction nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any employee of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work stoppage until said stoppage has ceased.

ARTICLE 34 - SAVINGS CLAUSE

34.1 Should any portion of this Memorandum or any provision herein contained be rendered or declared invalid be reason of existing or subsequently enacted legislation or by decree of a competent jurisdiction, such invalidation of such portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

ARTICLE 35 - ZIPPER CLAUSE

35.1 This Memorandum constitutes the whole agreement between the City of Oroville and the OPOA. There exists no other agreements or inducements written or oral, other than those expressly provided herein.

ARTICLE 36 - TERM AND OPENING CLAUSE

36.1 Memorandum of Understanding shall be effective January 1, 2024, and shall remain in effect through December 31, 2026, and shall continue thereafter unless either party gives written notice requesting negotiation of a new Memorandum of Understanding.

The MOU Section 13.15 PERS Contribution is subject to being reopened if the PERS Employer’s Cost rise above 29% during the term of this MOU. 357
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ARTICLE 37 - BI-WEEKLY PAYMENTS
The City shall provide all payments on a bi-weekly schedule to simplify payroll distribution and CalPERS reporting. This means that where a payment is identified in this MOU as a monthly benefit or described other than on a bi-weekly schedule, it shall be paid in a manner that is consistent with and prorated to the bi-weekly pay periods of the City. This is to include but not limited to, education incentive, POST certificates, bi-lingual pay, Silver PPO incentive, Opt Out incentives, etc.

This memorandum recommended to the City Council of the City of Oroville on April 16, 2024.

OROVILLE POLICE OFFICER’S CITY OF OROVILLE

CLASSIFICATION: TIER 1 STEP A STEP B STEP C STEP D STEP E STEP F Sergeant $91,367.26 $95,935.62 $100,732.40 $105,769.02 $111,057.48 $116,610.35 Annual $7,613.94 $7,994.64 $8,394.37 $8,814.09 $9,254.79 $9,717.53 Monthly $43.92657 $46.12290 $48.42904 $50.85049 $53.39302 $56.06267 Hourly Rotational Detective/OIC $79,946.35 $83,943.67 $88,140.85 $92,547.89 $97,175.29 $102,034.05 Annual 5% Above Police Officer $6,662.20 $6,995.31 $7,345.07 $7,712.32 $8,097.94 $8,502.84 Monthly $38.43575 $40.35753 $42.37541 $44.49418 $46.71889 $49.05483 Hourly Police Officer $76,139.39 $79,946.36 $83,943.68 $88,140.86 $92,547.90 $97,175.30 Annual $6,344.95 $6,662.20 $6,995.31 $7,345.07 $7,712.33 $8,097.94 Monthly $36.60548 $38.43575 $40.35754 $42.37541 $44.49418 $46.71889 Hourly Reserve Police Officer $36.60548 $38.43575 $40.35754 $42.37541 $44.49418 $46.71889 Hourly Reserve Investigator $25.00000
OPOA SWORN 1ST TIER
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CITY OF OROVILLE
RESOLUTION NO. 9248

A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING AND

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SUCCESSOR

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND

THE OROVILLE POLICE OFFICERS ASSOCIATION (SWORN UNIT) AND ADOPTING THE ASSOCIATED PUBLICLY AVAILABLE SALARY TABLES.

RECITALS
WHEREAS the City of Oroville and Oroville Police Officers Association (OPOA) have met and conferred pursuant to their obligations under the Meyers Milias Brown Act (CA Gov. Code 3500 et. seq.); and,
WHEREAS both parties have freely exchanged proposals and information and responded to the other party’s proposals and information relevant to the wages, hours and working conditions; and,
WHEREAS following these meet and confer sessions and exchanges of proposals, the Parties have reached an overall tentative agreement relating to all outstanding issues; and,
WHEREAS the OPOA Sworn Unit membership has ratified the overall tentative agreement;
NOW THEREFORE BE IT RESOLVED by the Oroville City Council as follows:

1. The above recitals are true and correct.

2. The City hereby ratifies and adopts the overall tentative agreement between the parties

3. The Mayor is hereby authorized and directed to execute the Successor Memorandum of Understanding between the City of Oroville and the OPOA Sworn Unit, a copy of which is attached hereto as Exhibit “A”.

4. The City adopts the salary tables included in the MOU and directs staff to make the updated salary tables available to the public.

5. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on April 16, 2024; by the following vote:

AYES:

NOES:
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ABSTAIN:

ABSENT:
__________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ __________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 361
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: FIRST READING OF ORDINANCE XXXX AMENDING THE SECTION

15.60.030 REINSTATING THE MUNICIPAL FIRE CODE AND SECTION

15.60.040 AS AMENDMENTS TO THE CALIFORNIA BUILDING

STANDARDS CODE
DATE: APRIL 16, 2024

SUMMARY
The Council may introduce Ordinance 1879 to adopt the California Building Standards Code and Ordinance 1872 to amend Chapter 15 reinstating the section 15.60.030 City of Oroville Municipal Fire, and section 15.60.040 Express Findings.

DISCUSSION
The 2019 edition of the California Building Standards Codes (“The Code”) were published on July 1, 2022 with an effective date of January 1, 2023. They went into effect un-amended on January 1, 2023 and was adopted by reference during the January 17, 2023 regular City Council meeting. Local jurisdictions may amend the standards if such amendments are necessary to address a local geologic, topographic or climactic condition. This specific adoption allows the City to make more restrictive amendments to the Code as allowed (with findings), or to adopt specific appendices provided in the Code for clarification.

Historically the City has made numerous amendments to the California Building Standards Code as part of the local adoption process. However, when the City adopted The Code on January 1, 2023, the municipal code relating local fire ordinances was not adopted and was thereby deleted from the Municipal Code.

Ordinance 1879 reinstates the fire code as it had existing prior to the adoption of The Code, and Ordinance is the Express Findings that supports the rationale for the amendment to The Code. Both are presented to the Council for reinstatement to municipal code without modification as they had existed previously before the adoption of the 2022 California Building Standards Code.

FISCAL IMPACT
There is no fiscal impact as a result of this action.
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RECOMMENDATION
Introduce by title only and waive the first reading of Ordinance No. 1879 amending Title 15, Division I of the Oroville Municipal Code and approve Resolution No. 9249 adopting the Legislative findings supporting amendments and changes to the California State Building Standards Code.

ATTACHMENTS
Resolution 9249
Exhibit A; Ordinance 1879
Exhibit B; It’s Your Building Department publication
Exhibit C; 2022 Title 24 CA Code Changes publication
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1 Ordinance 1874 — OMC Chapter 15.98 Safety Assessment Placards ORDINANCE NO. 1879

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING CHAPTER 15.30 To TITLE 15 OF THE MUNICIPAL CODE, TO REINSTATE SECTION 15.60.030 OF THE FIRE CODE
The City Council of the City of Oroville does ordain as follows:

SECTION 1: Chapter 15.60.030 is added to amend Title 15 of the City of Oroville municipal code, to read:

Chapter 15.60.030 Amendments to the California Fire Code.

Sections:

15.60.010 Purpose

15.60.020 Adoption of California Fire Code

15.98.030 Amendments to the California Fire Code

15.98.040 Express Findings
Section 15.60.030 Purpose

15.60.030 Amendments to the California Fire Code
Section 105.3.3. No final inspection by the building official as to all or any portion of a development shall be deemed complete, and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until the installation of the prescribed fire protection facilities and access ways have been completed and approved by the Fire Chief, or the Chief’s designee.

B. Section 105.8 is added to read as follows:

Section 105.8. Fees and Special Requirements. The fees for the permits and other services shall be as established by resolution of the Oroville City Council. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be paid to the City of Oroville prior to engaging in the listed activities, operations or functions.

C. Section 302 is amended by adding the following definition:

Fireworks. Any composition or device for the purpose of producing a visible or audible effect for entertainment purposes by combustion, deflagration, detonation or any fireworks including “safe and sane” as defined by Section 12529 of the State of California Health and Safety Code. D. Section 315.1 is amended by adding the following exception to read as follows:

Section 315.1 General. Storage, use, and handling of miscellaneous combustible materials shall be in accordance with this section. A permit shall be obtained in accordance with Section 105.6.

Exception: Storage of combustible materials other than motorized vehicles or vessels shall not be permitted in a public parking garage or in a garage or carport serving a Group R, I Occupancy, unless the 364
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2 Ordinance 1874 — OMC Chapter 15.98 Safety Assessment Placards method of storage is approved by the Fire Code Official. E. Sections 319.1 through 319.7 are added to read as follows:

Section 319.1 General. The manufacture of all fireworks, as defined in Section 302, is prohibited.

Section 319.2 Safe & Sane Fireworks, Permit to Sell. It shall be unlawful for any person to sell fireworks within the City without having first applied for and received a permit to sell safe and sane fireworks issued by the City Fire Department.

Section 319.2.1 Prerequisites to issuance of Permit. No permit to sell safe & sane fireworks shall be issued to any applicant unless:

1. He/She has first obtained a permit from the state fire marshal, and

2. He/She has first obtained a business license from the City.

Section 319.2.2 Permit and clean-up fee. The permit fee for the sale of safe & sane fireworks within the City shall be established by resolution of the City Council, payable to the City at the Office of the City Clerk. In addition to the permit fee, each location shall pay a clean-up fee established by resolution of the City Council, which shall be used to defray the cost of cleaning up and disposing of expended fireworks in the City.

Section 319.2.3 Application for permit. Application for a permit to sell safe & sane fireworks shall be made in writing to the Fire Department on or prior to the second Tuesday in March of each year, setting forth the proposed location, and accompanied by a statement that if a permit is issued to the applicant, the applicant shall at the time of receipt of such permit deliver to the City Clerk a Certificate of Insurance showing the existence of a $1 million public liability insurance policy naming the City as an additional insured.

Section 319.2.3.1 Qualifications. No permit to sell safe & sane fireworks shall be issued except as follows:

1. To a holder of a regular business license whose principal place of business is located within the City.

2. To a nonprofit association or corporation primarily for veteran, patriotic, welfare, civic betterment, charitable youth purposes, and each such organization must have its principal and permanent meeting place within the City and must have been organized and established in the City for a minimum of one year continuously preceding the filing of the application for permit and must have a bona fide membership of at least 20 members.

3. Applicants returning from the previous year may have first priority in the application process.

Section 319.2.3.2 Notification. Applicants for any such permit shall be notified by the Fire Chief, or the Fire Chief’s designee, as to the granting or rejection of application for permit on or prior to the first Monday in May of each calendar year.

Section 319.3 Operators of fireworks stands. Operators of fireworks stands shall be subject to the following provisions:

1. No person other than the permittee organization shall operate the stand for which the permit is issued, or share or otherwise participate in the profits of the operation of such stand.

2. No person other than the individuals, who are members of the permittee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.
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3 Ordinance 1874 — OMC Chapter 15.98 Safety Assessment Placards Section 319.4 Temporary fireworks stands. Temporary fireworks stands shall be subject to the following provisions:

1. No fireworks stand shall be located within 75 feet of any existing building or within 100 feet of any gas station.

2. Fireworks stands need not comply with the provisions of the building code of the City, provided, however, that all stands be erected under the supervision of the building inspector who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons.

3. No stand shall have a floor area in excess of 200 square feet.

4. Each stand in excess of 20 feet in length must have at least two exits, and each stand in excess of 40 feet in length must have at least three exits spaced approximately equidistant apart, provided, however, that in no case shall the distance between exits exceed 24 feet.

Section 319.5 General requirements for permittees. Permittees shall meet the following general requirements:

1. Each stand shall be provided with two water-type fire extinguishers, each having a two and onehalf gallon capacity, being in good working order and easily accessible for use in case of fire.

2. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand.

3. “No Smoking” signs shall be prominently displayed on the fireworks stand or wherever fireworks are for sale.

4. Each stand must have an adult in attendance and in charge thereof when the stand is being used for the sale or dispensing of fireworks.

5. The sale of fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 12:00 midnight on the 4th day of July.

6. All unsold stock and accompanying litter shall be removed from the City by 12:00 noon on the 10th of July. Proof of removal must be furnished to the City’s Fire Department.

7. The fireworks stand shall be removed from the temporary location by 12:00 noon on the 10th day of July, and all accompanying litter shall be cleared from such location by such time and date.

Section 319.6 Number of permits. The maximum number of permits issued pursuant to this chapter during any one calendar year shall not exceed one license for each 1,500 residents of the City. In determining the City population for the purposes of this section, the most recent census calculations shall be used.

Section 319.7 Seizure. The Fire Chief or the Fire Chief’s designee shall seize, remove, or cause to be removed at the expense of the owner all stocks of illegal fireworks offered or exposed for sale, stored, discharged or held in violation of this Code.

F. Section 503.2.1 is deleted and replaced to read as follows:

Section 503.2.1 Dimensions. Fire Apparatus access drives shall have an unobstructed width of not less than the following dimensions (including two 2′ shoulders):

Residential Width
One-way access drive:
1—2 Units 16 feet (12 feet paved)
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4 Ordinance 1874 — OMC Chapter 15.98 Safety Assessment Placards Two-way access drives:
3—10 Units 20 feet (16 feet paved)
11—60 Units 25 feet (21 feet paved)
Over 60 Units

30 feet (26 feet paved)
Nonresidential Width
One-way access drive: 16 feet (fully paved)
Two-way access drive: 25 feet (fully paved)

The minimum unobstructed vertical clearance shall be 14 feet at all points across the required width of the access drive. Vertical clearance may be increased as determined necessary by the Fire Chief or the Chief’s designee.

G. Section 503.2.7 is deleted and replaced to read as follows:

Section 503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed a grade of 16%, except that one run of the one hundred (100) feet or less in length may be at 18% grade upon approval of the Fire Chief.

H. Section 503.3 is amended by adding Section 503.3.1 to read as follows:

Section 503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the following means:

1. By a white sign measuring at least 12 inches by 18 inches (12″ x 18″) posted immediately adjacent thereto and clearly visible. It should clearly state, in red letters not less than one inch (1″) in height, that the space is a fire lane and parking is prohibited.

2. By outlining and hash marking the area in contrasting colors clearly marking it with the words “Fire Lane - No Parking.”

3. By identifying the space with a red curb upon which the words “Fire Lane - No Parking” are stenciled every 15 feet.

A. Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) to twenty-eight (28) feet in width.

B. At least one side of a fire lane shall be red curbed and stenciled when the fire lane is over twenty-eight (28) and up to thirty-six (36) feet in width.

C. Curbs need not be painted red nor stenciled when the fire lane is more than thirty-six (36) feet in width.

I. Section 505.1 is deleted and replaced to read as follows: Section 505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either internally or externally illuminated in all new construction. Numbers shall be as follows:

1. Minimum of one-half-inch (1/2″) stroke by two and one-half inches (2-1/2″) high. 367
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5 Ordinance 1874 — OMC Chapter 15.98 Safety Assessment Placards

2. When the structure is thirty-six (36) to fifty (50) feet from the street or fire department access, a minimum of one-half inch (1/2″) stroke by six inches (6″) high is required.

3. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one-half inch (1/2″) stroke by nine inches (9″) high is required.

4. Where multiple addresses are required at a single driveway, they shall be mounted on a single post, and additional signs shall be located at locations where driveways divide.

5. Where a roadway provides access to solely a single commercial or industrial business, the address sign shall be placed at the nearest road intersection providing access to that site.

J. Sections 505.1.1 and 505.1.2 are added to read as follows:

Section 505.1.1 Multi-Tenant Buildings. Numbers or letters shall be designated on all occupancies within a building. Size shall be one-quarter-inch (1/4″) stroke by two inches (2″) high and on a contrasting background. Directional address numbers or letters shall be provided. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5′ 6″) above the finished floor and shall be either internally or externally illuminated in all new construction.

Section 505.1.2 Rear Addressing. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with Section 505.1.

K. Section 506.1 is deleted and replaced to read as follows:

Section 506.1 Where Required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain contents as established in Section 506.1.1.1.

L. Sections 506.1.1.1 and 506.1.1.2 are added to read as follows: Section 506.1.1.1 Key box contents requirements. The key provided shall be a master key to all spaces including multi-tenant spaces.

Additional keys shall be included for elevator control, fire alarm control panels, and fire sprinkler control valve access. In addition, when required by the Chief, a current copy of the Hazardous Materials Inventory Statement (HMIS) shall be kept within the key box. EXCEPTION: Multi-tenant spaces which provide a key box for each tenant and installed per Section 506.1. Electronic card keys and codes may not be utilized as a substitute for manual keys.

EXCEPTION: When electronic locks release upon loss of electrical power, a manual key need not be provided.

Section 506.1.1.2 Installation Location. When key boxes are required by the Fire Chief, such boxes shall be mounted at 72 inches above finished floor within five feet of the latching side of the main entrance to a structure or facility. In addition, a decal shall be provided and installed adjacent to the key lock/latching device.

M. Section 506.2.1 is added to read as follows: Section 506.2.1 Hazardous Materials Inventory Statements (HMIS). The operator of the building shall update and maintain HMIS as required by the Fire Code Official. N. Section 509.1.1 is added to read as follows: Section 509.1.1. Utility Identification. In multiunit commercial and residential buildings, gas and electric meters, service switches and shut-off valves shall be clearly and legible marked to identify the unit or space that it serves. 368
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6 Ordinance 1874 — OMC Chapter 15.98 Safety Assessment Placards O. Section 903.3.1.4 is added to read as follows: Section 903.3.1.4 Inspectors Test Valves. Inspector Test Valves shall be provided for each system and located the furthest point away from the sprinkler riser.

P. Section 5003.6.1 is added to read as follows:

Section 5003.6.1 Requirements. Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel.

1. The signs shall be at least fifteen inches by fifteen inches (15″ x 15″). The signs shall not be placed on windows.

2. When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The signs for the interior doors shall be at least six inches by six inches (6″ x 6″). 3. The Fire Code Official may require fewer or more NFPA diamonds if the building configuration or size make it reasonably necessary.

Q. Section A101.1 is amended by adding the following:

Section A101.1.1 Application. The application for appeal shall be filed on a form obtained from the City building official within 20 days after the notice was served. A filing fee, as established by resolution of the City Council, shall be submitted at the time of filing. (Ord. 1802 § 2, 2013)

15.60.040 Express findings.

As required by Health and Safety Code Sections 17958.7, 18941.5(c) and 18942, the city council hereby expressly finds that amendments to the codes adopted by this chapter and as described in this section are necessary for the protection of the public health, safety and welfare, due to the local climatic, geological or topographical conditions.

A. Express Finding Number 1—Climatic. Climate is one of the greatest impacts to fire behavior and other major emergency events because it cannot be controlled. The drying out of wood shakes and wild land fuels in the summer months allows for easy ignition. The combustible weeds on vacant urban lots coupled with windy conditions are a recipe for disaster. The Greater Oroville region has extreme variations in weather patterns. Summers are arid and warm; winters are cool to freezing but void of significant snowfall. Fall and spring can bring any combination of weather pattern together. The doubling of average rainfall called an “El Nino” event has occurred from time to time and does cause the grass to mature and grow in excess of 6 feet high before it dries out. Ten square feet of this type of fuel is equivalent to the explosive force of one gallon of gasoline. Average yearly rainfall for the city is approximately 27 inches. This rainfall normally occurs from October to April. Low level fog (tullefog) is present throughout the winter months, which brings visibility to almost zero feet. The fog delays emergency responders. The fog can also cause freezing and slick roadways. During the summer months there is generally no measurable precipitation. Temperatures for this dry period range from 70 to 112 degrees F and are frequently accompanied by light to gusty Delta winds. The relative humidity during the summer months range from 2 to 30 mm Hg, which is classified as arid.

B. Express Finding Number 2—Geological.

The City of Oroville is subject to ground tremors from seismic events as the city is located in Design Category C, which relates to a high risk of earthquakes. Gas appliances located in attics or garages must be adequately braced and protected from damage from moving objects. Large portions of the city have poor soil conditions. Additionally, the very low elevations are subject to a very high-water table.

C. Express Finding Number 3—Topographical.
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7 Ordinance 1874 — OMC Chapter 15.98 Safety Assessment Placards The city features include open space, drainage canals, components of the Oroville Dam and its water handling systems, highways, and railroad tracks. Traffic has to be channeled around several of these topographical features and limitations which create traffic congestion and delays in emergency response. These features are located between the Fire Station located within the city and our Automatic Aid partners CalFire and El Medio. Heavy traffic congestion on the city streets already acts as a barrier to timely response for fire and emergency vehicles. In the event of an accident or other emergency at one of the key points of intersection between a road and freeway, sections of the city could be isolated or response times could be sufficiently slowed so as to increase the risk of injury or damage. (Ord. 1802 § 2, 2013)
SECTION 2: This ordinance shall become effective thirty (30) days after its adoption. A summary of this ordinance shall be published within fifteen (15) days after its adoption, in accordance with Section 36933 of the Government Code.

SECTION 3: Severability. If any section, clause, paragraph or sentence of this Ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not effect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable.

The foregoing ordinance was introduced and the title thereof read at the regular meeting ofthe City Council the 7th day of November, 2023 and by vote ofthe Council members present, further reading was waived.

The forgoing ordinance was duly passed and adopted by the City Council of the City of Oroville at a regular meeting thereof, this 19th day of December, 2023 by the following vote:

AYES: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: None
ABSENT: None
ABSTAINED: None
APPROVED:
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8 Ordinance 1874 — OMC Chapter 15.98 Safety Assessment Placards David Pittman Mayor
ATTEST:

APPROVED AS TO FORM:

Scott Huber, City Attorney
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CITY OF OROVILLE
RESOLUTION NO. 9249

A RESOLUTION OF THE OROVILLE CITY COUNCIL REINSTATING THE

MUNICIPAL FIRE CODE AS AN AMENDMENT TO THE CALIFORNIA

UNIFORM BUILDING CODE
WHEREAS, The City Council of the City of Oroville, passed an ordinance adopting the 2022 California Building Standards Code, and made modifications and changes thereto, all of which comprise a portion of the City of Oroville Uniform Codes found in Title 15, Division I of the Oroville Municipal Code ; and WHEREAS, The Oroville Municipal Fire Code 15.60.030 was not adopted as part of the adoption of the 2022 California Building Standards Code; and WHEREAS, The City of Oroville has determined that the Municipal Fire Code is necessary for the health, safety, and well being of the general public, and WHEREAS, the California Health and Safety Code Sections §17958, §17958.5, §17958.7(a), and §18941.5 require the governing body of a city, before making any modifications or changes to the California Building Standards Code, to make express findings that such modifications or changes are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the City Council of the City of Oroville finds that a departure from the California Building Standards Code is reasonably necessary due to local climatic, geological, or topographical conditions.

NOW, THEREFORE the City Council of the City of Oroville does hereby resolve as follows:

SECTION 1: Legislative Findings. Modifications and changes contained in the City of Oroville Uniform Codes, are required in order to provide specific and greater protections to the public health, safety and welfare than are afforded by the California Building Standards Code due to local climactic, geological, and topographical conditions. The legislative findings for such modifications and changes are made pursuant to Sections §17958.5 and §17958.7 of the California Health and Safety Code as set forth in the report of the Building Official dated November 1, 2022, and attachments thereto, entitled “Analysis of Amendments to the 2022 California Building Standards Code” attached hereto as Exhibit “1” and by this reference incorporated herein.

SECTION 2: This Resolution shall become effective on the same date as Ordinance No.

XXXX, which amends the 2022 California Building Standards Code. 372
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SECTION 3: The City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the California Building Standards Commission.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on the 16th day of April, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ________________________
Scott E. Huber, City Attorney Kayla Reaster, Asst. City Clerk 373
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HOUSING DEPARTMENT
March 2024
Housing Department:
 Current portfolio balance is $38,372,967.86.
 Loan Portfolio Monitoring (344) Loans, including monthly credit reporting sent 03/18/2024, late payment notices (1), late insurance notices (5), annual inspections (0) and certification (183) and foreclosure processing (5). (ongoing) Foreclosures in process - 5
1) 2236 Del Oro Ave.- (primary mortgager) Received Notice of Default, letter sent to borrower. City is in position ahead of the lender who recorded the Notice of Default. Waiting to see what the primary lender will do. Auction was scheduled for 12/27/23 and was cancelled.
2) 1300 High St.-Foreclosure was resolved.
3) 2170 Mitchell Ave.- Letter sent to homeowner 2/26/2024 with no response. 4) 1805 Feather Ave.-Notice of default sent to borrower. Will go to Council in May 5) 3235 Burlington Ave.-Letter sent to borrower 3/13/24. We have not received a response. The council approved the foreclosure on 04/02/2024. City in the process of paying off the primary mortgage and initiating foreclosure.

Deceased Loan Holders
1) 2050-Gray St.-Grandson will not be able to refinance to pay off the loan so is in the process of listing the home for sale. Needs to complete probate first.

Payoffs received (17) for FY 23/24 are $1,237,453 and (10) requests processed 2024 year.
 FTHB Program- no update provided.
 Owner-Occupied Rehabilitation Program- (1) new application submitted, (4) in construction. (1) loan construction complete. This program will currently be funding using Permanent Local Housing Allocation (PLHA) funds instead of CDBG.  CDBG DR-MHP - Lincoln St. Phase I is currently under construction. o Phase II now received a Conditional Notice to Proceed for Lincoln St. Senior Apartments. Developer applied LIHTC in March 2024. Awaiting award decision.
 Mission Esperanza Project. Project in Plan Check.
 Neighborhood Cleanup grant-underway
 Oroville Convention Center-construction underway
 DR-Infr (Ophir Rd)- County will be taking the project lead.

Grants Submitted
 2023 CDBG Amendment #10-Ladder Truck Purchase-not awarded. 376
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 2022 and 2023 PLHA Allocation
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04/16/2024 Monthly Report Page 1 of 3

OROVILLE CITY COUNCIL

MONTHLY REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS

BRIAN RING, CITY ADMINISTRATOR
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: POLICE DEPARTMENT MONTHLY REPORT FOR MARCH 2024
DATE: APRIL 16, 2024

SUMMARY
The Council will receive a monthly report regarding the activities, and general information for the Police Department.

Staffing:

Positions Total
staffed
Total
Authorized
Total Vacant
Police Officer 24 29 5
Dispatcher 8 8 0
Municipal Law
Enforcement 11 17 6
Administrative
Personnel 4 4 0

Department Activity:

Events Year to Date
2024
Average Response
Time for Crimes
against persons
*Priority 1 crimes
Average Response
Time for all types of
calls for Service
National Average
Response Time
10,822 3:31 minutes 7:15 minutes 8 - 11 minutes
Patrol Checks and Park Patrols:

Patrol Checks/Park Patrols
MARCH 2024 219
Year to Date 598
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04/16/2024 Monthly Report Page 2 of 3
Parking Enforcement Citations Issued:

MARCH 2024 Year to Date 2024 MARCH 2023 Year to date 2023 25 37 16 34
Police Activity:

Arrest
MARCH
2023
MARCH
2024
Year to date
2023
Year to date
2024
Misdemeanor 74 137 242 308
Felony 36 43 104 107
Citations
MARCH
2023
MARCH
2024
Year to date
2023
Year to date
2024
49 45 182 138
Uniform Crime Reporting:

Crimes of Violence MARCH
2024
Year to Date
JANUARY – DECEMBER
Homicide 0 0
Rape 0 1
Robbery 0 2
Aggravated Assault 4 8
Community Navigator:

Contacts Services Received Year to date contacts Year to date services
32 28 134 83
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04/16/2024 Monthly Report Page 3 of 3
SPCA Statistics:

Service Calls by Priority:

Priority Level Number of Calls Total Minutes per call
type
Average response times
Urgent 16 97 6.06
Priority 39 293 7.51
At Officer Convenience 21 142 6.76
After Hours 18 134 7.44
Animal Intake and Outcome Stats:

Total Animals taken
in from City
Total Animals
outgoing
Cats Dogs Other Bird Livestock
76 88 24 47 0 0 5
*The remaining difference from intakes to outcome total represents animals that have not yet had an outcome and are still in the facility.

Animal Outcomes:

Outcome Type Totals Dogs Cats Livestock Birds Other
Adoption 13 11 2 0 0 0
Died 1 0 1 0 0 0
Disposal 11 2 7 0 0 2
Euthanasia 45 22 23 0 0 0
RTO 15 10 0 5 0 0
Transfer 1 1 0 0 0 0
Foster 1 1 0 0 0 0
*Others are wild animals such as bats, skunks, snakes, possums, etc SPCA After-hours call outs:

MARCH 2024
18 Shoes for Kids:

Shoes Provided Socks Provided
1 1 Pkg
This program provides shoes and socks for children of our community. This program is funded by Department member donations and community donations.

FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATIONS
None
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Oroville City CouncilApril 16, 2024

Oroville City Council
April 16, 2024