ARTICLE XV - SHIFT TRADES
A. Exchanges of time (aka shift trades) count as hours worked for the employee whose shift was worked, not for the employee who worked the shift.
B. Employees may have the ability to trade shifts with their colleagues at the same rank subject to the following conditions:
1. The practice of shift trading shall be voluntary on the part of each employee.
2. The Battalion Chief may review and determine whether to approve or deny the shift trade. However, denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and will not be monitored by the City. If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back. Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the City be obligated for any further compensation whatsoever to any of the involved employees. The City is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or does not work the shift, the employee who agreed to work the shift shall have his/her AHW Leave deducted. For example, if Employee A agrees to work the shift for Employee B and prior to the shift, Employee A calls in sick and does not work the shift, Employee A's AHW Leave is deducted and Employee B gets credit for the shift. If no AHW leave is available, PTO hours will be used.
ARTICLE XVI - MUTUAL AID
Staffing for State Mutual Aid will be determined as provided on a case -by -case basis by the Fire Chief or his/her designee.
ARTICLE XVII - LEAVES
A. Alternative Health & Wellness
Employees participate in the Alternative Health and Wellness (AHW) program which provides leave to be used for sick leave purposes as well as an incentive when employees use low amounts of said leave.
AHW hours may be used for an employees' illness or injury, medical appointments, for victims of domestic violence or stalking, or for other reasons the law allows sick leave to be used. Additionally, AHW leave may be used for family sick leave purposes as defined under the law (Labor Code 233).
Employees must notify the Battalion Chief a minimum of four (4) hours prior to the beginning of their shift, if possible. Employees who call in sick must utilize all available AHW leave for the duration of their sickness and may not use any other type of leave unless the employee's AHW leave is exhausted.
Evidence may be required in the form of a physician's certification, or other documentation, for any absence of a duration of two (2) or more consecutive working shifts days during which AHW leave is requested unless waived by the City Administrator. If the absence during which leave is requested is less than 2 consecutive workdays, no physician's certificate (note) will be necessary prior to returning to work, unless the City has reasonable cause to believe there is abuse of the leave.
AHW leave accrual cannot exceed one -hundred and ninety-two (192) hours. The AHW hours have no cash value during employment or upon termination of employment.
Employees receive up to ninety-six (96) hours of AHW leave effective the first pay period in July, as long as the AHW bank does not exceed 192 hours.
New employees will receive a pro -rated amount of AHW hours based on their date of hire. For example, an employee who begins employment in October, will receive sixty- four (64) hours of AHW with the first pay period in November for the remaining eight months in the fiscal year. New employees may use AHW leave after completing three months of City service.
Employees in active service as of July 1St will receive $250 with the first paycheck in July each year.
In addition to the $250, employees who use thirteen (13) hours of leave or less of AHW leave during a fiscal year (between July 1 -June 30) will be given $1,000 with the first pay check following the completion of the fiscal year and may convert twenty- four (24) hours of AHW leave to their PTO bank (subject to PTO bank maximums).
The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 24 hours converted to PTO prior to the annual allocation of AHW leave.
In addition to the $250, employees who use more than thirteen (13) hours but twenty- six
(26) hours of leave or less of AHW leave between July 1 — June 30 will be given $500 with the first pay check following the completion of the fiscal year and, may convert twelve (12) hours of AHW leave to their PTO bank (subject to PTO bank maximums).
The employees must submit an election form requesting the conversion by June 1st of
each year, and those who meet the criteria will have the 12 hours converted to PTO prior to the annual allocation of AHW leave.
B. Bereavement Leave
Upon the death of an immediate family member,48/96 and 4/12 employees may use up to forty-eight (48) hours of paid bereavement leave in a consecutive twelve-month period and 4/10 employees may use up to forty (40) hours of paid bereavement leave in a consecutive twelve-month period beginning from the date the leave first begins.
For bereavement leave purposes, immediate family members include spouse, registered domestic partner, parent, parent -in-law, sister/sister-in-law, brother/brother-in-law, child, stepchild, and foster child as well as grandparent and grandchild.
C. Personal Time Off (PTO)
The purpose of personal time off (PTO) is to enable eligible unit employees to take time off from work.
1. PTO accrues on a per pay period basis as follows:
YEARS OF SERVICE
ANNUAL
ACCRUAL
Upon Hire — completion of five (5) years of service
120 hours
Beginning of sixth year — completion of seven (7) years of service
140 hours
After Completion of eight (8) to ten (10) years of service 160 hours
After completion of ten (10) years of service
180 hours
2. Partial PTO Leave Accrual
Should an employee have paid hours less than their normally required full-time scheduled hours on any pay period, PTO accrual is pro -rated based on the number of paid hours.
3. PTO Maximum Accrual
Employees may accumulate up to a maximum of 260 hours. Once an employee reaches the maximum, no additional PTO will accrue until the accrual bank is below the maximum.
4. Accrual Balance Upon Appointment
Upon appointment to a classification covered by this compensation resolution, the City Administrator may authorize a beginning PTO level above zero.
5. PTO Use
PTO may be used following the completion of six (6) months of City service.
PTO may be requested and used for any reason subject to the AHW policy. Use of PTO is subject to approval by the employees' Battalion Chief. Requests for PTO use should be provided as far in advance as feasible, but generally with at least four (4) weeks' notice. Employees must comply with department policy regarding scheduling and use of PTO. Should a request to use PTO be denied, and the nature of the request is for a protected leave under the law, the employee is expected to seek assistance from Human Resources to facilitate approval of the leave. PTO will be reviewed and approved by the Fire Chief or his/her designee.
Vacations will be pre- scheduled a minimum of three months in advance.
6. PTO Cash Out
To be eligible for Leave Cash Out, employee must utilize 40 hours of PTO in the preceding twelve months.
An employee may irrevocably elect to receive payment for PTO as follows:
a. The employee submits a completed PTO Leave Cash Out Election form (provided by Payroll) by December 15th to elect to receive a cash payment for PTO hours that was accrued during that calendar year. b. The election for cash out is limited to one -hundred and fifty (150) hours of accrued and unused PTO.
c. The irrevocable election request is to receive cash payment for the number of hours elected at the base hourly rate of pay.
d. Payment for the PTO cash out will occur with the first paycheck paid in December of the following calendar year.
e. At the time of the cash out, the balance of PTO once the cash out is made must be at least forty-eight (48) hours. Should the balance fall below forty- eight (48) hours, the amount of cash out will be adjusted to provide a cash out that results in a PTO balance of forty-eight (48) hours. Should fewer than ninety-six (96) hours be accrued at the time of cash out, no payment for PTO will be made to the employee.
7. Use of PTO Immediately Prior to Separation
PTO may not be used immediately prior to separation as a means to extend fully paid status for an individual when there is no intent to return to work, unless expressly approved by the City Administrator or as permitted under the law.
8. Payment or Accrued and Unused PTO Upon Separation
Accrued and unused PTO in accordance with the maximum accrual and other applicable sections of this document is paid at the base hourly rate of pay with the final paycheck upon separation from City service.
Leave cash out as outlined in this section may be paid in cash or as a deferred compensation contribution, at the employee's option, within the applicable Internal Revenue Service Limits.
D. Holidays
Unit employees shall not be entitled to leave on designated holidays.
Employees in the Fire service work without regard to holidays. No additional compensation is provided for working on holidays.
If an employee is scheduled to work on a holiday, they are not entitled to use PTO.
Unit employees shall accrue 120 hours of holiday in -lieu leave per year, credited to employee's Holiday Leave bank on January 1. Any balance that remains in the last pay period of the calendar year shall be paid to employees at their base rate of pay.
Holiday leave will be prorated upon hire/separation.
E. Holiday Closure
City to provide sixty (60) hours of leave for use in lieu of the 2023 holiday closure. Any time not utilized or paid out will be forfeited effective June 30, 2024. Employees must be employed during the Holiday closure period between December 15, 2023 -January 2, 2024 to be eligible.
City to provide sixty (60) hours of leave for use in lieu of the 2024 holiday closure. Any time not utilized or paid out will be forfeited effective June 30, 2025. Employees must be employed during the Holiday closure period between December 20, 2024 -January 6, 2025 to be eligible.
F. Jury Duty
Employees who are summoned for jury duty on a regularly scheduled work day will be compensated with paid jury duty service of up to eleven (11) hours per day.
Employees released from jury service shall return to work immediately to complete their shift. Employees must submit proof of jury duty service upon completion of the service.
G. Leave of Absence Without Pay
The City Administrator may grant a leave of absence without pay for up to one year at his/her sole discretion. The denial of a request for an unpaid leave of absence is not subject to any grievance or appeal process.
The unpaid leave of absence in this section would be for a leave of absence that is not covered under any law or other City policy. An employee must exhaust all accrued leave prior to being eligible for an approved leave of absence without pay. An employee, who fails to return to work from a leave of absence without pay, may be subject to termination from employment.
During any unpaid leave of absence, employees will not accrue leave and the City will not contribute toward medical/insurance benefits, unless required to do so under the law.
H. Military Leave
Military leave is provided pursuant to the provisions of the State of California and federal law.
I. Workers' Compensation Leave
Safety employees are eligible for leave benefits pursuant to Labor Code 4850.
J. Modified Duty/Return to Work Program
All injured employees shall adhere to the City's Modified Duty/Return to Work Program
ARTICLE XVIII - BENEFITS
A. Insurance and Benefit Plans
1. Medical
The City will provide access to medical insurance through the California Public Employees' Retirement System (CaIPERS). If an employee elects to participate in a CaIPERS medical plan, the maximum monthly City contribution, including any PERS required minimum, will be made as follows:
The City shall pay up to 100% of the plan selected, up to a maximum of:
• $722 per month for employee only
• $1,444 per month for employee+1
• $1,877 per month for employee+2
Employees may select any available CaIPERS benefit plan. Should an employee select a plan with premiums in excess of the City contribution level, the employee will be responsible for payment of such through payroll deductions. Should an individual select a plan less than the City contribution, the City's contribution is limited to the plan premium.
Employees who opt out of the CaIPERS medical plan will receive $400 per month.
To receive the opt out cash, an employee must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of
the plan year. The opt -out payment cannot be made, and the City will not in fact make payment if the employer knows that the employee or tax family member does not have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied. The selection of dental plan provider and coverage is at the City's sole discretion.
City and Association representative(s) agree to participate in the exploration and possible development of an employee paid pre -funded post -retirement benefits program for unit employees.
2. Dental
Employees (and eligible dependents) may elect to enroll in a dental plan offered by the City. City will provide a choice between an HMO plan (California Dental) or PPO Plan (Principal Dental) to include orthodontic coverage, this benefit is a $1,500 lifetime maximum per family member enrolled in the dental plan. The selection of dental plan provider and coverage is at the City's sole discretion.
3. Vision
The City will enroll employees and eligible dependents in a vision plan. The vision plan premium is paid by the City. The selection of vision plan provider and level of coverage is at the City's sole discretion.
4. Life Insurance
The City provides a life insurance benefit in the amount of one times the employee's annual salary, rounded to the next $1,000 with a maximum of $150,000 if coverage for employees, and $1,000 for spouse and children over the age of six (6) months. The premium for life insurance is paid by the City. The selection of life insurance plan provider and level of coverage is at the City's sole discretion.
5. Short Term and Long -Term Disability
The City offers a short-term and long-term disability plan. The premiums for both plans are paid by the City. Coverage levels, eligibility requirements, and benefit payments are maintained in the plan document maintained in Human Resources.
The selection of the plan provider and level of coverage is at the City's sole discretion.
6. Section 125 Flexible Spending Accounts
The City offers medical and/or dependent care flexible spending accounts.
Participation in one or both plans is voluntary and funded by the employee.
B. Retirement
The City does not participate in Social Security. The City provides a defined contribution plan for employees. Retirement age is 50 years. Employer contributions to the plan are ten percent (10%) of base pay. Compensation defined as base pay
excludes overtime, specialty pay, education pay, reimbursements, allowances, leave cash outs, and any other ad hoc pay.
Employees become 100% vested in the plan upon completion of their fourth anniversary of employment with the City. Should the employee separate from service prior to their fourth anniversary all retirement benefit contributions made by the City on their behalf will be returned to the City. No employee contributions are required.
The City retains sole discretion in selecting the plan provider. Details on plan provisions are in the plan document.
C. Deferred Compensation Plan
Employees may participate in a 457 deferred compensation program by electing to contribute pre-tax earnings to the plan subject to annual plan limits.
D. Tuition Reimbursement
The City shall reimburse an employee seventy-five percent (75%) of the actual cost of books and tuition for a course given by an accredited public and private institution at the current per unit cost of tuition at a "tax supported" institution (Cal -State Fullerton shall be used as the standard); provided such course directly pertains to the employee's present duties and/or pertains to the next step toward promotion in his/her field of endeavor; further provided that a written request must be submitted and approved by his/her department head and the City Administrator prior to the date of the first meeting of the course; further provided said employee remains in the employ of the City for one (1) year after successful completion of said course. If he/she leaves prior to said one (1) year, the employee is responsible for reimbursement of that cost.
The City may cap the amount of the tuition reimbursement funds. Those funds will be identified annually in the City budget. Requests for reimbursement will be processed in a first -come, first -served basis, subject to the annual cap.
ARTICLE XIX - PROBATIONARY PERIOD
A. New Hires
1. Employees hired or appointed as an entry level full-time firefighter will serve an eighteen (18) month probationary period.
2. Lateral employees who have completed one or more years in the fire service in the rank of full-time firefighter or above will serve a twelve (12) month probationary period.
3. The City Administrator or his/her designee may establish a one-time six (6) month extension when an employee fails to satisfactorily meet the expectations of their probation. If probation is extended, the employee shall be informed in writing of the extension prior to the expiration of the initial probationary period.
4. During the probationary period, an employee may be rejected at any time by the Fire Chief or City Administrator without cause and without the right of
appeal. Notification of rejection, in writing, shall be served on the probationer and a copy filed with Human Resources.
5. The Fire Department shall complete a written performance evaluation indicating whether the employee has or has not been granted permanent status. The Fire Department shall also give a copy to the employee and file the original with the Human Resources Division before the probationer's permanent status date.
B. Promotional
Employees on promotional probation shall be subject to a 12 -month probationary period. An employee's probation may be extended at the discretion of the City by up to 180 days, by providing the employee written notice of the extension. Upon completion of the probationary period (12 months, or up to 18 months if extended) the employee shall be deemed permanent in the promoted rank. Employees who are rejected on promotional probation, shall be reinstated to the rank held immediately before their promotion.
ARTICLE XX - PERSONNEL FILES
A. Employees may review their own personnel and/or administrative file, including his/her background investigation insofar as may be required by then -controlling law, provided reasonable notice by written request is made to the City.
B. The Employee shall make an appointment with Human Resources to review his/her administrative/personnel files at least one working day in advance and the City shall honor his/her request under normal conditions.
C. Material derogatory to an Employee's conduct, service, character, or personality shall not be entered in an Employee's personnel or administrative file unless the Employee is notified and given an opportunity to review and comment thereon.
The Employee shall be given a copy of the material on request. The Employee shall acknowledge that he/she has read and does not necessarily indicate agreement with its contents.
D. Any Employee wishing to review his/her file while on duty under the provisions of this section shall first notify his/her supervisor and obtain approval for the necessary time. The supervisor shall not unreasonably withhold approval but may set reasonable time limits and schedules so as not to adversely affect City operations. The employee need not notify his/her supervisor if this review is not done on duty.
E. Letters of reprimand shall remain in personnel files for a period of two (2) years.
After two (2) years the employee may petition letters of reprimand for removal unless a similar incident has occurred during that time. Cumulative letters for the same type of incident shall remain for two (2) years after the date of the last letter of reprimand. Any removal is at the sole discretion of the City and shall not be eligible for grievance.
F. All other disciplinary actions and documents shall remain in personnel files for four (4) years. After four (4) years, the employee may petition disciplinary actions and documents for removal unless a similar incident has occurred during that time.
Cumulative disciplinary actions and/or other documents for the same type of incident shall remain for four (4) years from the date of the last disciplinary action and/or documentation. Any removal is at the sole discretion of the City and shall not be eligible for grievance.
G. In all situations related to past and current disciplinary items, it shall be the responsibility of the employee to petition for the removal of said items to the Fire Chief or designee.
ARTICLE XXII - UNIFORMS
Initial Issue of Uniforms
The City shall provide an initial issue of 3 sets of Class B uniforms to each employee 1 name plate (last name only), 1 pair of station boots, 4 Physical training shorts, 6 short sleeve t -shirts and 4 long sleeve t -shirts. The City shall provide each new employee, upon completion of his/her original probation period a Class A uniform. Upon promotion, the City will provide any needed updates to the Class A uniform. Maintenance and replacement due to normal wear and tear of the Class A and B uniforms shall be the responsibility of the City.
A. Safety gear
The City will provide and maintain
minimum, the following:
• 2 turnout coats
• 1 pair of structure boots
• 2 pairs of turnout pants
• 2 pairs of suspenders
• 2 pairs of structure gloves
• 1 pair of work gloves
• 1 structure helmet
• 1 pair of goggles
the following safety gear, to include, at a
• 2 hoods
• 1 pair of safety boots
• 1 pair of medical safety glasses
• 2 wildland coats
• 3 pairs of uniform brush pants
(replaced if damaged)
• 1 pair of raingear pants
• 1 raingear jacket (parka and parka
lining)
ARTICLE XXII - PHYSICAL FITNESS
The City acknowledges the importance of physical fitness. One hour per day for physical fitness on duty will be authorized, provided, however, employees are responsible to
complete daily duties and assignments. The Fire Chief or his/her designee may authorize physical fitness in the morning, understanding daily duties and assignments shall take priority. Physical fitness while on duty may only take place at the fire station and not at a gym or other private location; however, employees may be permitted to go on a run in the immediate surrounding area of the station, such that response times are not delayed. If the Fire Association obtains pre -approval from the City Administrator or his/her designee to purchase exercise equipment, the City will contribute, up to, 50% of the cost of the exercise equipment. Workout equipment and physical fitness shall not impede the operations of the fire station(s).
ARTICLE XXIII - ANNUAL VOLUNTARY PHYSICAL FITNESS ASSESSMENT Results of employee's Annual Physical Fitness Assessment program through Santa Ana College (or any subsequent provider) shall be confidential and no medical information shall be transmitted to the City without the employee's consent or lawful court order.
ARTICLE XXIX — USE OF TOBACCO
All employees shall not smoke, vape, or use any tobacco products (including vaping and e -cigarettes) at any time while on duty or off duty.
ARTICLE XXX - SUBSTANCE ABUSE
A. It is the responsibility of all employees to cooperate to protect the lives, personal safety and property of coworkers and fellow citizens. Employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers.
B. It is in the best interest of the City, its employees and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe working environment, poor morale and increased potential liability to the City. "Under the influence of drugs" means the use of any illegal 'substance or misuse of a prescribed drug in a manner and to a degree that impairs the employee's work performance or ability to use City property or equipment safely.
C. The City shall, upon showing of reasonable suspicion that this policy is being violated, compel an employee who appears to be presently under the influence of drugs or alcohol to submit to a drug or alcohol screening examination on City time and at the City's expense. Refusal to submit to the test may be deemed insubordination and may subject the employee to discipline, up to and including termination. Nothing contained herein shall limit the City's right to discipline or discharge any employee for violating the terms of this Section.
D. Marijuana use is strictly prohibited by all Fire Department personnel.
ARTICLE XXXI - FITNESS FOR DUTY
A. Employees must be physically and mentally fit to perform the duties of the job in order to instill public confidence in the fire service. It is equally important that the dignity and rights of all personnel be respected and followed in the administration of fitness for duty examinations.
B. The Fire Chief or designee, in consultation with the Deputy City Administrator and City Administrator may determine that an employee who demonstrates behavior or performance that calls into question his or her fitness for duty may be required to submit to a physical or psychological fitness for duty examination.
C. When a fitness for duty exam is ordered the employee will be presented a written statement containing the facts that were used to make this decision. The medical provider who performs the fitness for duty exam will be provided with the documentation detailing the performance and behavior issues as well as a job description. An employee administratively relieved from duty pending a fitness exam shall be placed on paid administrative leave until the results of the examination are known to the Chief, City Administrator, and Director of Human Resources.
D. When the results of the examination indicate that the employee is fit to perform the regular duties of the position, the employee shall be returned to work on his or her next regular work shift.
E. When the results of the examination indicate the employee is not fit for duty, the employee will be placed on leave. An employee with no unused, accrued leave may be placed in an unpaid status.
F. The employee may request, or if there is a possibility that the cause is based on a work -related issue, the employee will be offered, a DWC1. Determination of the compensability of the claim will be made following standard workers' compensation procedures.
G. If the results of the examination indicate that the employee is fit for duty with limitations, in accordance with ADA and FEHA, the City and the employee will meet in an interactive process to determine whether the employee's limitations can be reasonably accommodated, and the employee returned to work. If there is no reasonable accommodation that can be made, the employee shall be treated as though unfit for duty.
H. Exams: The cost of the examination shall be borne by the City. An employee shall be paid for all time spent in the exam, including travel to and from the exam.
ARTICLE XXXII — GRIEVANCE PROCEDURE
A. Purpose
The provisions of this Section shall in no way apply to the "meet -and -confer" process.
The purpose of the grievance procedure is:
1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford unit employees, individually or through qualified employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
3. To provide that a grievance shall be settled as near as possible to the point of origin.
4. To provide that appeals shall be conducted as informally as possible.
B. Matters Sub.ect to Grievance Procedure
Any unit employee shall have the right to grieve alleged violations or misapplications of this Memorandum of Understanding or of existing resolutions, ordinances, rules or regulations with respect to wages, hours, or conditions of employment, or suspension, dismissal from employment, or any other action; and for which appeal is not provided by other regulations or is not prohibited.
C. Informal Grievance Procedure
If an employee has a problem relating to a work situation, the employee is encouraged to request a meeting with his/her immediate supervisor to discuss the problem in an effort to clarify the issue and to work cooperatively towards a solution. A unit employee who has a problem or complaint should first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the unit employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance. Any formal grievance must be filed within thirty (30) calendar days after the event giving rise to said grievance.
D. Formal Grievance Procedure
1. First Level of Review (Step 1)
The grievance shall be presented in writing to the unit employee's immediate supervisor, who shall render his/her decision and comments in writing and return them to the unit employee within fifteen (15) calendar days after receiving the grievance in writing. The initial written grievance should contain the name of the grievant, the name of the grievant' s representative, if any, identification of nature of the grievance and any rule, regulation or MOU provision alleged to be violated, the remedy requested and any other information to assist in resolving the grievance. If the unit employee does not
agree with his/her supervisor's decision, or if no answer has been received within fifteen (15) calendar days after submitting the grievance in writing to the immediate supervisor, the unit employee may present an appeal in writing to the Fire Chief. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the written decision of his/her supervisor, or within twenty-five (25) calendar days following submittal of the written grievance to the supervisor if no decision by the supervisor is rendered, will constitute a withdraw/dropping of the grievance.
2. Department Review (Step 2)
The Fire Chief receiving the grievance, or his/her designated representative, shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The Fire Chief (or designee) shall render his/her decision and comments in writing and return them to the unit employee within fifteen (15) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Fire Chief, or within a total of twenty-five (25) calendar days following submittal of the written grievance to the Fire Chief if no decision is rendered, will constitute a withdraw/dropping of the grievance.
3. City Administrator Review (Step 3)
The City Administrator shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The City Administrator may designate a fact-finding committee or an individual not in the normal line of supervision, to advise him/her concerning the grievance. The City Administrator shall render a decision in writing to the unit employee within twenty (20) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance to binding arbitration, as outlined below. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the City Administrator's decision, or within a total of twenty (20) calendar days following submittal of the written grievance to the City Administrator if no decision is rendered will constitute a withdraw/dropping of the grievance.
E. Conduct of Grievance Procedure
1. The time limits specified above may be extended to a definite date by mutual agreement of the unit employee and the reviewer concerned.
2. The unit employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review.
3. The unit employee and his/her representative may be permitted to use a reasonable amount of work time, as determined by the Fire Chief, in conferring about and presenting the appeal.
4. Unit employees shall be assured freedom from reprisal for using the grievance procedure.
F. Arbitration
1. General Provisions
After having exhausted the provisions of the Grievance Procedure set forth herein, an eligible unit employee shall have the right to submit to binding arbitration any grievance which has not been resolved to his/her satisfaction, except in instances where such submission is specifically prohibited by the Personnel Ordinance, City Personnel Rules or this Memorandum of Understanding. Such appeal may be• filed only after completion of Step 3 of the Grievance Procedure and in accordance with the time limits provided herein.
Binding arbitration, as provided in this Article, shall be the sole and exclusive procedure for final resolution of unresolved grievances.
2. Procedures
If the grievant is not satisfied with the decision rendered at Step 3 of the Grievance Procedure, he/she may submit the matter to binding arbitration within the time limits set forth in the Grievance Procedures by filing written notice of such submission with the Director of Administrative Services. The written notice shall set forth the issue being submitted to binding arbitration, the provision(s) allegedly violated, and the remedy requested.
a. The City's representative and the grievant, or his/her designated representative(s), shall select an impartial third party to serve as the arbitrator.
b. If the City's representative and the grievant, or his/her designated representative(s), are unable to agree upon an impartial third party, then the arbitrator shall be selected by mutually striking and ranking names from a list of professional arbitrators supplied by the American Arbitration Associations. Failure of the unit employee to participate in obtaining a list of arbitrators, selecting a single arbitrator, or scheduling an arbitration date, within thirty (30) calendar days of being requested to do so by the City, shall constitute a dropping of the grievance.
c. Each party to the dispute shall have the opportunity to present testimony and relevant evidence and to cross-examine witnesses examine witnesses before the arbitrator. After hearing the case, the arbitrator shall, in writing, submit to the parties his/her decision for resolution of the grievance. The decision of the arbitrator shall be final and binding upon both parties.
3. Conditions
The arbitrator shall have no power to add to, subtract from, nor to modify any of the terms of any memorandum of understanding between the parties, work rules, Department Policies and/or Personnel Rules. The arbitrator's award shall be consistent with, and controlled by, the Personnel Rules, Ordinances, and Charter of the City of Placentia, as well as the laws and Constitution of the State of California. Further, the Hearing Officer shall not have the authority or power to render a binding decision that requires the City to expend additional funds beyond those already contemplated in the MOU, work rules, department policies, personnel rules or existing state or federal laws, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in the MOU, Personnel Rules, or any resolutions, ordinances, work rules, practices or policies adopted by the City. The Hearing Officer shall not have the authority to require the City to perform any other action that would violate state or federal laws.
All expenses of arbitration shall be borne equally by the parties.
ARTICLE XXXIII — DISCIPLINARY APPEAL PROCEDURE
A. Standards of Conduct
All employees are expected to adhere to standards of reasonable and prudent conduct.
B. Applicability of Discipline
Disciplinary action may be taken against any non -elected employee of the City.
C. Discretion in Disciplinary Action
The City Administrator, Director of Human Resources, Fire Chief, or designee can exercise their discretion in applying discipline appropriate to the employee's offense(s) and work record.
D. Permitted Disciplinary Action
Any one or combination of the following disciplinary actions may be taken against any employee for offenses stated in this section or for any other just cause:
Oral admonishment
• Directive Memorandum
• Corrective Memorandum
• Written reprimand
• Suspension
E. Non -Disciplinary Actions
Reduction in salary
Demotion
Dismissal
Elimination of ability to
do/request shift trades
An employee being considered for any discipline shall be insured due process when appropriate through pre -disciplinary measures described in this section and pursuant to the Firefighters' Procedural BiII of Right Act.
1. Oral Admonishment
Oral admonishments should be given in private. The supervisor shall include in the admonishment a review of appropriate departmental standards and policies, employee performance expected in the future and the likely consequences of failure to correct performance or behavior. Oral admonishments may not be appealed. No documentation of an oral admonishment shall appear in the employee's personnel file and any such documentation will be destroyed on the employee's anniversary date.
2. Directive Memorandum
It informs the employee how to complete a task and directs the employee to perform correctly in the future. It can also be used to give general direction to more than one employee. Issuance of a directive memorandum may not be appealed. A directive memorandum shall not appear in the employee's personnel file and will be destroyed on the employee's anniversary date.
F. Disciplinary Action
Written notice of any proposed disciplinary action shall be given to the employee in private. This notice shall include the proposed action, the intended effective date, and the specific reasons for such action. A written copy of the allegations of misconduct and the grounds for such allegations shall also be included, along with a copy of all materials upon which the discipline is based. The employee is entitled to copies of all materials on which the allegations are based, if there are any. The employee's right to respond orally or in writing, the right to respond in person with or without a designated representative, the time in which the response should be made and to whom and where it should be made, shall be specified in the notice of intended discipline.
1. Written Reprimand
A written reprimand shall be prepared for the continued or more serious offense.
The reprimand shall take the form of a memorandum including a full, accurate and factual statement of the reason for the reprimand. The memorandum shall be given to the employee in private. The supervisor shall explain appropriate departmental standards and policies, employee performance expected in the future and likely consequences of failure to correct performance or behavior. A copy of the memorandum shall be placed in the employee's personnel folder. The employee may respond to the memorandum in writing within thirty (30) calendar days from date of receiving the memorandum and have such response placed in the employee's personnel folder. A dated copy of the written reprimand shall be released to the employee.
2. Suspension Without Pay
When the employee's undesirable conduct has been continuous, repeated, or is deemed by management to be of such severity that lesser penalties are inadequate or have proved ineffective, the Fire Chief or his/her designee may impose suspension without pay of up to 10 shifts. Such suspension shall occur only after the notice of intent to suspend is issued. The employee will have appeal rights as indicated in employee response section of this contract.
3. Reduction In Salary
When the employee's undesirable conduct has been continuous, repeated, or is deemed by management to be of such severity that lesser penalties are inadequate or have proved ineffective, the Fire Chief or his/her designee may impose a reduction in salary. The reduction in salary shall be to a lower step in the employee's pay range and for a maximum of 12 months, following which the employee will be eligible for a merit step increase to the next higher step. The employee will have appeal rights as indicated in employee response section of this contract.
4. Dismissal
When the employee's conduct has been of a continuous nature, uncorrected by previous discipline, or is of such a nature as to make further employment not in the City's interests, or for other good cause, the Fire Chief or his/her designee shall have the right to dismiss the employee. Any action of dismissal shall be taken only in compliance with the notice procedures. The employee will have appeal rights as indicated in employee response section of this contract.
G. Employee Response for Disciplinary Actions
An employee is entitled to a reasonable time, generally (15) calendar days from date of notice, to respond to a notice of proposed discipline. Should an employee respond, the Fire Chief shall consider the response in reaching a decision on the proposed disciplinary action. If the event the Fire Chief has a conflict of interest, they shall recuse themselves from the discipline process and the pre -disciplinary response shall be delegated to another individual who shall make the final decision. The employee is entitled to respond in writing or orally, personally or through a designated representative, or any combination thereof. If the employee requests a meeting to present a response, the meeting shall not be conducted as an adversarial hearing.
The Fire Chief or his/her designee may grant an extension of time to respond to the proposed discipline.
The employee may not cross-examine the department's witnesses nor present a formal case to support the response. The employee shall be given the opportunity to make a representation the employee believes might affect the disciplinary decision.
Any time extensions shall be permitted only with the consent of the Fire Chief or his/her designee. If the employee fails to respond within the time specified, the Chief may proceed with a decision.
The Chief has the right to conduct further investigations should new information be presented. If new charges result from the investigation, the employee shall be given another opportunity to respond.
H. The Disciplinary Response
The Fire Chief, or, in the case of a conflict of interest, the designee, shall provide a written answer to an employee's pre -disciplinary response at the earliest practical date, not to exceed fifteen (15) calendar days following the response of the employee.
The Chief shall deliver the notice of decision to the employee at or before the time when the action will be effective. The answer shall be dated and signed by the Chief or his/her designee. The answer shall inform the employee if the proposed discipline has been sustained. The answer shall include a statement of the employee's right to appeal, as provided herein.
Additionally, the time limit for an appeal and the specific discipline to be imposed or the decision not to impose discipline shall be included in the answer. The effective date of discipline shall be included in the answer.
I. Appeal of Department Disciplinary Actions
Any employee may appeal imposition of discipline within fifteen (15) calendar days after the receipt by the employee of the Disciplinary Response from the Chief or his/her designee. Appeals from discipline shall be in writing and delivered to the City Administrator or designee. Appeals shall be conducted pursuant to the Grievance procedure, above, by an arbitrator mutually selected by the parties by agreement or through the striking process. Each party shall bear their own costs of representation.
All expenses shall be borne equally by the parties.
APPENDIX A
Effective July 2023
STEP A
STEP B
STEP C
STEP D
STEP E
JOB CLASS
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
Hr. -
Monthly: -
Annual -
Hr., -
Monthly -
Annual -
Hr.! —
Monthly -
Annual -
FIRE CAPTAIN
30.64 7,436.21
89,234.49
32.30 7,837.77
94,053.20
34.04 8,260.97
99,131.69
35.88 8,707.05
104,484.56
37.82 9,177.20
110,126.45
FIRE ENGINEER
26.30 6,381.28
76,575.38
27.72 6,725.86
80,710.36
29.21 7,089.09
85,069.13
30.79 7,471.91
89,662.94
32.45 7,875.35
94,504.14
FIRE FIGHTER .4 23.11
5,608.24
67,298.93
24.36 5,911.12
70,933.49
25.67 6,230.31
74,763.72
27.06 6,566.74
78,800.88
28.52 6,921.35
83,056.18
FIRE PATROL ENGINEER °
30.68 6,381.28
76,575.38
32.34 6,725.86
80,710.36
34.08 7,089.09
85,069.13
35.92 7,471.91
89,662.94
37.86 7,875.35
94,504.14
Effective July 2024
JOB CLASS
STEP A
STEP B
STEP C
STEP 0
STEP E
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
Hr.; .._
Monthly - -7
Annual —
Hr. -
Monthly -
Annual -
FIRE CAPTAIN
31.87 7,733.66
92,803.87
33.59 8,151.28
97,815.32
35.40 8,591.41
103,096.96
37.32 9,055.33
108,663.94
39.33 9,544.29
114,531.51
FIRE ENGINEER
27.35 6,636.53
79,638.39
28.83 6,994.90
83,938.78
30.38 7,372.66
88,471.90
32.02 7,770.79
93,249.46
33.75 8,190.36
98,284.31
FIRE FIGHTER
24.04 5,832.57
69,990.89
25.33 6,147.57
73,770.83
26.70 6,479.52
77,754.27
28.14 6,829.41
81,952.91
29.66 7,198.20
86,378.43
FIRE PATROL ENGINEER
31.91 6,636.53
79,638.39
33.63 6,994.90
83,938.78
35.45 7,372.66
88,471.90
37.36 7,770.79
93,249.46
39.38 8,190.36
98,284.31
RESOLUTION NO. R-2023-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(H). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2023-24, via Resolution No. R-2023-42, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
Department
GL Account
Amount
Type
General Fund
PFA MOU
General Government
109595-5023
$78,316
Increase
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED THIS 11th DAY OF JULY 2023.
Resolution R -2O23-63
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 11th day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-63
TO:
VIA:
FROM:
DATE:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF HUMAN RESOURCES
JULY 11, 2023
AGENDA REPORT
SUBJECT: RESOLUTION TO ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PLACENTIA AND THE PLACENTIA POLICE OFFICERS'
ASSOCIATION
FISCAL
IMPACT:
SUMMARY:
FISCAL YEAR 2023-24 $ 819,236 (Estimated)
FISCAL YEAR 2024-25 S 523,100 (Estimated)
TOTAL $1,342,336
The City and the Placentia Police Officers' Association have engaged in good faith labor negotiations and have reached terms on the wages, hours, and working conditions for their respective employees.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Adopt Resolution R-2023-60 approving the terms between the City and the Police Officers' Association (PPOA); and
2. Adopt Resolution No. R-2023-61, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2023-24 in compliance with City Charter of the City of Placentia §§1206 and §§1209 pertaining to appropriations for actual expenditures; and
3. Authorize the City Administrator to execute a Memorandum of Understanding (MOU) based upon the terms for PPOA on behalf of the City, in a form approved by the City's Labor Counsel.
STRATEGIC PLAN STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
1.0. July 11, 2023
City Council Agenda
July 11, 2023
DISCUSSION:
The MOU between the City and the PPOA expired on June 30, 2023. City representatives have been in discussion with the labor group representatives during the past six months. Based upon City Council direction and with cooperation from the bargaining units, the negotiations process has been successfully completed between the City and the PPOA.
The terms for this MOU include the following compensation and benefit adjustments:
1. Term: July 1, 2023 — June 30, 2025
2. Compensation: 8% market rate adjustments for PFA classifications effective the full pay period of July 2023 and 6% effective the full pay period of July 2024.
3. One -Time Compensation: All employees in paid status as of the approval and adoption of the MOU will receive a one-time 5%, based upon adjusted wages as of July 2023.
4. Holiday Closure: continue Holiday leave for the holiday closure for the term of the agreement.
5. Bereavement leave increased from 3 days to 5 days.
6. The City and Association agree to work with a City-wide committee to review and make recommendations for a revised Alternative Health and Wellness (AHW) program.
7. The City and Association agree to work with a City-wide committee for development of an employee paid, pre -funded post -employment retirement benefit program for employees hired after 1995.
8. Separate leave banks (Holiday, PTO, CTO) for more accurate tracking of accruals.
9. Non -Fair Labor Standards Act (non-FLSA) Compensation Time Off (CTO) accruals capped at a maximum of 425 hours effective the end of the contract term.
FISCAL IMPACT:
The total cost for the market rate adjustments is estimated to be:
Salary Increases
Increase Holiday Accrual (10 hour holiday)
Certification Pays
5% One Time Payment (Base rate)
Total
Fiscal Year 23-24
$620,098
$20,395
$5,480
$178,743
$819,236
Fiscal Year 24-25
$521,236
$1,864
$11,000
$0
$523,100
Funding for wage increases included in the FY23/24 Adopted Budget. Funding for One-time payment proposed to come from unassigned fund balance. Costs for increases will be offset by the addition of a cap to member's Non-FLSA Compensation Time Off bank which should generate long-term savings to the City.
City Council Agenda
July 11, 2023
Prepared by:
Alice Burnett
Director of Human Resources
Reviewed and approved:
Rosbnna Ramirez
Deputy City Administrator
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved:
Damien -R -Arrula
City Administrator
Attachments:
1. Resolution No. R-2023-60
2. Memorandum of Understanding
3. Resolution No. R-2023-61 Budget Amendment
RESOLUTION NO. R-2023-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA APPROVING A MEMORANDUM
OF UNDERSTANDING FOR THE PLACENTIA POLICE
OFFICERS' ASSOCIATION FOR THE PERIOD JULY 1, 2023,
THROUGH JUNE 30, 2025
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.) the Director of Human Resources as designated lead negotiator has met and consulted in good faith with the representatives of the Placentia Police Officers' Association (Association) on matters relating to wages, hours, and other terms and conditions of employment; and WHEREAS, said representatives of the City and the Association have reached tentative agreement and have jointly prepared a written MOU which is attached to this resolution and incorporated herein; and
WHEREAS, such agreement is within the parameters established by the City Council for an agreement with the Association; and
WHEREAS, the City Council finds that the terms and conditions of this agreement are proper and in the best interest of the City.
The City Council of the City of Placentia does hereby resolve as follows:
Section 1: The Memorandum of Understanding for the Placentia Police Officers' Association dated July 1, 2021, is hereby repealed. All previous and conflicting Memorandum of Understandings adopted for this purpose either by Resolution or by Minute order are repealed.
Section 2: This Resolution provides for salaries, benefits and other terms and conditions of employment applicable to the Placentia Police Officers' Association as listed in the attached Memorandum of Understanding (Exhibit A).
Section 3: The Memorandum of Understanding applicable to the Placentia Police Officers' Association effective July 1, 2023, and attached hereto is approved.
APPROVED and ADOPTED this 11t" day of July 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2023-60
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 11th day of July 2023 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-60
Mir
PLACENTIA
Rich Heritage, Bright Future
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF PLACENTIA
and
PLACENTIA POLICE OFFICERS ASSOCIATION
(PPOA)
July 1, 2023 — June 30, 2025
No. PPOA 23-25
Adopted July 11, 2023, Resolution No.
ATTACHMENT 1
TABLE OF CONTENTS
PREAMBLE 5
ARTICLE 1 - PPOA RECOGNITION 6
ARTICLE 2 - PPOA RIGHTS 6
A. Membership Dues 6
B. Access to Placentia Communication Systems 6
C. PPOA Business On City Time 6
ARTICLE 3 - NON-DISCRIMINATION 7
ARTICLE 4 - CITY PERSONNEL RULES 7
ARTICLE 5 - PROBATION 7
ARTICLE 6 - ADVANCEMENT THROUGH THE SALARY SCHEDULE 7
ARTICLE 7 - PAYROLL PROCESSES 7
ARTICLE 8 - COMPENSATION AND SPECIAL ASSIGNMENT PAY 7
A. Compensation 8
B. Education and POST Certification Differentials 8
C. Longevity Pay Program 8
D. Special Assignment Pay 8
E. Bilingual Pay 10
F. Marksmanship Incentive Pay 10
G. New Employee Finder's Fee/Incentive Pay 10
H. Lateral Police Officers 10
ARTICLE 9 - OVERTIME AND WORK SCHEDULES 11
A. Overtime Definitions 11
B. Calculation of Overtime Payment 11
C. Compensatory Time Off (CTO) 11
D. Overtime for Extra Events at Placentia -Linda Unified School District (PYLUSD) 12 E. Work Schedules 12
F. Shift Trades 12
G. Specialty Positions Assignment, Rotation, and Removal 12 H. Rules of Evidence and Procedure for Employees Removed from Special Assignments 13 I. Court Time 15
J. Mandatory Training Meetings and Call Outs 15
K. Investigator Standby 15
L. Range Training 16
ATTACHMENT 1
2 M. Off -Duty Canine Pay 16
N. Off -Duty Motorcycle Pay 16
ARTICLE 10 - MEAL PERIODS 17
ARTICLE 11 - RETIREMENT 17
A. Classic Members -PERS 3% @ 50 FORMULA 17
B. PEPRA Members -PERS 2.7% @ 57 FORMULA 17
ARTICLE 12 - MEDICAL INSURANCE COVERAGE 17
A. For Active Employees: 17
B. Retiree Coverage 18
C. Medical Coverage Opt Out 18
D. Medical Re -Opener - Affordable Care Act (ACA) 19
E. Proposed Post Employment Retiree Medical/Benefits Program 19 ARTICLE 13 - OTHER INSURANCE PROGRAMS 19
A. Dental Plan 19
B. Vision Plan 20
C. Short- and Long -Term Disability 20
D. Life Insurance 20
ARTICLE 14 - PERSONAL TIME OFF 21
A. PTO Accrual Rate 21
B. Use of Personal Time Off 21
C. PTO Payment Upon Separation of Employment 21
D. Employees Not Granted PTO Use 21
E. Annual Leave Buy Back 22
ARTICLE 15 - SICK LEAVE AND ALTERNATIVE HEALTH AND WELLNESS 22 A. Alternative Health and Wellness Leave/Program 23
B. AHW Incentives 23
C. Frozen Sick Leave 23
D. AHW and Sick Leave Upon Reemployment 24
E. AHW Committee 24
ARTICLE 16 - BEREAVEMENT LEAVE 24
ARTICLE 17 - OTHER LEAVE PROVISIONS 24
A. Non -Industrial Injury 24
B. Industrial Accident Leave 24
C. Military Leave 24
D. Other Leaves 24
ARTICLE 18 - HOLIDAYS 25
3 ATTACHMENT 1
A. Designated Holidays 25
B. Floating Holidays 25
C. Dates of Observance of a Holiday 25
D. Holidays for Shift Employees 25
E. Holiday Closure 25
F. Holidays for Police Trainees 26
ARTICLE 19 — LEAVES OF ABSENCE 26
ARTICLE 20 - EDUCATION REIMBURSEMENT 26
ARTICLE 21 - POLICE UNIFORMS 27
ARTICLE 22 - GRIEVANCE AND ARBITRATION PROCEDURES 27
A. Purpose 27
B. Matters Subject to Grievance Procedure 27
C. Informal Grievance Procedure 27
D. Formal Grievance Procedure 27
E. Conduct of Grievance Procedure 28
F. Arbitration 28
ARTICLE 23 - IRS SECTION 125 FLEXIBLE SPENDING ACCOUNTS PROGRAM 29 ARTICLE 24 - SEVERABILITY CLAUSE 30
ARTICLE 25 - TERM 30
SIGNATURES 30
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE 32
APPENDIX "B"- 1995 Insurance Changes 1
APPENDIX "C" - Total Compensation Survey Components 3
ATTACHMENT 1
4 PREAMBLE
The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the City of Placentia (hereinafter called "PLACENTIA" or "the City") and the Placentia Police Officers' Association (hereinafter called "PPOA") and shall apply to all the employees of PLACENTIA working in the job classes set forth in Appendix "A".
The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between representatives of PLACENTIA and PPOA. PPOA has recommended and its members have ratified all the terms and conditions of employment as set forth herein. Staff officials of PLACENTIA recommend to the Placentia City Council that the terms and conditions of employment as set forth herein be implemented by resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party.
Unless otherwise noted, changes to wages, hours, and conditions of employment are prospective following City Council approval of the Memorandum of Understanding (MOU). 5 ATTACHMENT 1
ARTICLE 1 - PPOA RECOGNITION
PLACENTIA hereby recognizes the Placentia Police Officers' Association ("PPOA") as the representative for all its members to the fullest extent allowable under California law, the Meyers- Milias-Brown Act Government Code Section 3500, et seq., applying to public employees. As public employees, such Unit Employees have the right to discuss individual problems of employment with PLACENTIA, provided that, upon request of a Unit Employee, the PPOA shall be kept fully informed and have the right to be present and represent the Unit Employee at all such meetings between PLACENTIA and the individual or when City Rules, Regulations, Policies or laws affecting wages, hours and/or other terms and conditions of employment may be amended or changed.
The City agrees that the Representatives of the Association, shall be entitled to meet and confer with Management during said representatives' normal working hours (no more than three hours per meeting) without suffering any loss in pay while absent from duties for such purpose.
ARTICLE 2 - PPOA RIGHTS
A. Membership Dues
The City will provide dues authorization forms to new employees who may become members of the Association. When the City receives a dues authorization form or upon written notice from the Association that the employee has authorized dues deduction, membership dues will be automatically deducted from an employee's pay and forwarded by the City to PPOA.
Dues deductions begin the beginning of the pay period following the City's receipt of notice from the PPOA.
B. Access to Placentia Communication Systems
The City's interdepartmental messenger service may be used for individual business - oriented communication between employees who are represented by the Association and Directors of the Association or their designees.
In the interests of facilitating communication with Association members and the distribution of information to association members, the Association may utilize the City's e-mail system to communicate with association members in matters of normal association business. The City's e-mail system and interdepartmental communications system shall not be used for political or campaign related activity. Use of the City's email system is subject to compliance with City policy and communications should not be considered confidential or exempt from public disclosure under the Public Records Act. PPOA may use the City's email for a reasonable amount of time for PPOA business.
C. PPOA Business On City Time
PPOA members will be allowed to conduct a reasonable amount of PPOA business during their regular work shift(s).
ATTACHMENT 1
6 ARTICLE 3 - NON-DISCRIMINATION
The City and the Association agree that they shall not discriminate against any employee based on protected class under state or federal law.
ARTICLE 4 - CITY PERSONNEL RULES
The City and PPOA agree, during the term of the MOU, to meet and confer pursuant to the Myers-Milias-Brown Act (MMBA) regarding Personnel Rules and City policies within the scope of bargaining and any proposed changes to said rules and/or policies.
ARTICLE 5 — PROBATION
A. All original Police sworn personnel appointments shall be tentative and subject to a probationary period of one year (12 months) of actual service.
B. Newly hired entry-level Police Officers (not possessing a POST Basic Certificate) shall be subject to an eighteen (18) month probationary period.
C. The City Administrator may establish a longer probationary period for specified cases.
D. The police department shall complete a written performance evaluation indicating whether the employee has or has not been granted permanent status, give a copy to the employee, and file the original with the Human Resources Division before the probationer's permanent status date.
ARTICLE 6 - ADVANCEMENT THROUGH THE SALARY SCHEDULE
Unit employees are eligible to advance one-step in the salary schedule after 12 months of service in the current step and with satisfactory job performance. For example, employees hired at Step A are eligible for movement to Step B after 12 months of City service and upon receipt of a performance evaluation that identifies that the employee meets all job standards.
ARTICLE 7 - PAYROLL PROCESSES
Unit employees will be paid on a bi-weekly basis.
ARTICLE 8 - COMPENSATION AND SPECIAL ASSIGNMENT PAY
The basic salary schedule will be set forth in Appendix "A" attached to this MOU. 7 ATTACHMENT 1
A. Compensation
1. Effective the first full pay period following July 1, 2023, the salary range will be increased by eight percent (8%). Individuals will receive an adjustment of eight percent related to the change in the salary schedule.
2. Effective the first full pay period following July 1, 2024, the salary range will be increased by six percent (6%). Individuals will receive an adjustment of six percent related to the change in the salary schedule.
3. One -Time Bonus: All employees in paid status as of the approval and adoption of the MOU will receive a one-time, five percent (5%), non-PERSable compensation payment at base rate of pay.
B. Education and POST Certification Differentials
1. Police Officers in possession of a Basic POST Certificate receive Basic POST incentive pay of 2.5% applied to the base hourly rate of pay.
2. Police Officers with either an Intermediate POST certificate or an Associate of Arts/Science degree (AA/AS) will receive a 4.5% differential applied to the base hourly rate of pay.
3. Police Officers with either an Advanced POST certificate or a Bachelor of Arts/Science degree (BA/BS) will receive a 7% differential applied to the base hourly rate of pay.
4. Police Officers may receive Basic POST Pay and one other education differential (POST or Degree). These pays calculate off the base hourly rate of pay and do not compound.
5. To the extent permitted by law, the City shall report education or POST pay as compensation earnable pursuant to CCR § 571 (a)(2) and § 571.1 (b)(2) C. Longevity Pay Program
Unit employees who have completed five years of service with the City of Placentia will receive longevity pay of 4% applied to the base rate of pay.
Unit employees who have completed fifteen years of service with the City of Placentia will receive an additional longevity pay of 5% (for a total of 9%) applied to the base rate of pay.
To the extent permitted by law, the City shall report longevity pay as special compensation to CaIPERS pursuant to CCR §571(a)(1) and 571.1 (b)(1) Incentive pay — Longevity.
D. Special Assignment Pay
1. Police Officers assigned to Investigations shall receive 5% applied to the base rate of pay.
To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Police Investigation.
2. Police Officers assigned to Canine duties shall receive 5% applied to the base rate of pay.
ATTACHMENT 1
8 To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 (b)(1) Special Assignment Pay — Canine Officer.
3. Police Officers assigned to Personnel and Training shall receive 5% applied to the base rate of pay.
To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Police Administrative Officer.
4. Field Training Officer
a. Police Officers who are designated to act as a Field Training Officer (FTO) shall receive 5% applied to the base rate of pay whether they have a current trainee or not. This pay is not reportable to CaIPERS as special compensation.
As determined by CaIPERS (May 2022) and to the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Training Premium.
b. City agrees to provide an additional 4% applied to the base rate of pay for those unit members assigned to FTO specialty and actively training.
To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Training Premium.
5. Police Officers assigned motorcycle duty or assigned to the Traffic Division shall receive 5% applied to the base rate of pay.
To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Motorcycle Patrol or Traffic Detail.
6. Police Officers assigned to School Resources Officer duty shall receive 5% applied to the base rate of pay.
To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Police Liaison.
7. Homeless Liaison Officer
a. Police Officers assigned as a Homeless Liaison Officer (maximum of two assignments) shall receive $225 per month while working in this assignment.
This additional compensation is not reportable to CaIPERS as special compensation.
b. Police Officers assigned to a full-time special assignment as a Homeless Liaison Officer shall receive 5% applied to the base rate of pay. 9 ATTACHMENT 1
To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR Sections 571 and 571.1 — Special Assignment Pay.
8. Police Officers regularly assigned to a shift where more than half of the regularly assigned hours falls between 6:00 p.m. and 6:00 a.m. will receive a shift differential of 2.5% applied to the base rate of pay for the regularly scheduled hours assigned to the night shift.
To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Shift Differential.
E. Bilingual Pay
1. Police Officers who have the ability to communicate in a language in addition to English, and who occupy positions in which said ability is regularly used, may be designated by the City to receive Bilingual Pay differential of $165 per month to speak another language.
2. Police Officers who have the bilingual fluency above basic conversation, and including the ability to read and translate may receive $250 per month.
3. The designation of employees to receive Bilingual Pay shall be at the sole discretion of the City Administrator of the City of Placentia. The Police Department must pre -approve need for bilingual specialty. Prior to receiving Bilingual Pay, designated employees must pass an objective testing process selected by the City demonstrating bilingual ability.
4. To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Bilingual Premium.
F. Marksmanship Incentive Pay
Incentive Pay for Distinguished Expert at $150.00 and Expert at $100.00 shall be available to all full-time unit employees, one time per year at the Annual Badge Qualification Shoot, under existing range standards or as approved by the Chief of Police. Qualification shall be earned during the first string of fire only on the designated day of the shoot. City agrees to allow a warmup of ten (10) rounds at a stationary target. Ammunition for practice shall be available as per budget and policy established by the Chief of Police.
To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 (a)(1) and §571.1 (b)(3) Marksmanship Pay.
G. New Employee Finder's Fee/Incentive Pay
City agrees to provide unit members with Finder's Fee of $1,000 for the recruitment of a Police Officer that successfully completes the FTO program. City agrees to pay $1,000 to Police Officers who successfully complete FTO program. This pay is not reportable to CaIPERS as special compensation.
H. Lateral Police Officers
The Chief of Police has been provided the discretion to hire lateral transfers at an initial pay step consistent with the employee's experience and background and to provide POST certification or education pay upon hire to eligible employees. Additionally, the City may ATTACHMENT 1
10 permit leave accrual rates that grant consideration for prior sworn service and set accruals at a higher tier than entry level.
ARTICLE 9 - OVERTIME AND WORK SCHEDULES
A. Overtime Definitions
1. MOU/Contract overtime is defined as hours actually worked over forty hours paid in a seven-day workweek. All paid leave counts as hours worked toward eligibility for MOU/Contract overtime.
2. Fair Labor Standards Act (FLSA) overtime is defined as hours actually worked in excess of eighty-six (86) in a fourteen (14) day FLSA 207(k) work period. Hours worked is defined as hours actually worked by the employee. Paid leave does not count as hours worked for determining FLSA overtime eligibility.
B. Calculation of Overtime Payment
1. MOU/Contract Overtime will be calculated as 1.5 the base hourly rate of pay. The following pay differentials will also be calculated on overtime hours worked:
• POST/Education Pay
• Longevity Pay
• Special Assignment Pay
2. FLSA overtime will be calculated pursuant to the requirements of the Fair Labor Standards Act.
C. Compensatory Time Off (CTO)
1. Police Officers may accrue non-FLSA Compensatory Time Off (CTO) in lieu of payment for MOU/Contract overtime hours worked. There is no maximum cap on the non-FLSA CTO accrual. The non-FLSA CTO bank is also used for the receipt of holiday in lieu accruals.
• Effective the first full payroll in July 2023, non-FLSA CTO accruals are capped at a maximum four hundred twenty-five (425) hours.
• City will work with unit employees on options to reduce accrual hours in this bank.
Any non-FLSA CTO accruals over four hundred twenty-five (425) by the end of the contract term will be paid at the employees' regular rate of pay. • Effective the January 1, 2024, Holiday Leave will accrue in its own Holiday Bank and will no longer be added to the non-FLSA CTO accrual bank.
2. Police Officers may accrue FLSA Compensatory Time Off in lieu of payment for working FLSA overtime. FLSA CTO accruals are capped at a maximum of three hundred (300) hours.
11 ATTACHMENT 1
3. Police Officers who are promoted to another classification will be paid for all accrued compensatory time off at their regular rate of pay prior to promotion.
4. Leave cash out as outlined in this article may be paid in cash or as a deferred compensation contribution, at the employee's option, within the applicable Internal Revenue Service Limits.
D. Overtime for Extra Events at Placentia -Linda Unified School District (PYLUSD) Members assigned to work overtime for special detail/extra events at schools will receive a 4 - hour minimum when scheduled for special detail/extra events.
E. Work Schedules
1. Police Officers working in Patrol work the 3/12.5 -hour work schedule. Each week, employees work three 12.5 -hour workdays and during a four week period, employees work an additional ten hour work day. This will result in seventy-five regularly scheduled hours in one fourteen -day work period and eighty-five regularly scheduled hours in the other fourteen -day work period. Unit members are regularly scheduled for 160 hours in a four -week period. The basic work hours for patrol shifts shall be:
• Day shift: 0600-1830 hours
• Night shift: 1800-0630 hours
2. Police Officers working in assignments other than patrol, work the 4/10 work schedule and work four ten-hour consecutive workdays each week. These schedules and hours are assigned by the supervisor.
3. Work schedules and hours of work are set under the direction of the Police Chief and shifts are selected by seniority.
4. Police Trainees shall be subject to the hours of work designated by the Police Academy and/or Police Chief or his/her designee.
F. Shift Trades
Subject to approval by the Chief of Police and subject to departmental manpower requirements, unit employees will be permitted to voluntarily trade work or leave days providing that employees scheduled to work must inform his/her supervisor generally 72 hours in advance of any voluntary trade of workdays or leave days.
The employee taking the shift off will have the actual hours taken off removed from their specified leave bank; providing further, that no employee shall trade days with any other employee for the purpose of achieving any premium payments due under this MOU.
The City agrees that it is responsible for keeping accurate accounting of all hours worked to ensure that employees are compensated and scheduled for make-up days as necessary to carry out the objectives of these schedules.
G. Specialty Positions Assignment, Rotation, and Removal Specialty Positions are understood to include:
12 ATTACHMENT
• Canine Officer
• Detective (Including Those Assigned To Task Forces)
• Homeless Liaison Officer
• Personnel and Training
• School Resource Officer
• Special Enforcement Detail (Narcotics and Gangs)
• Traffic Officers (including Motors, Commercial Enforcement, Accident Investigation and DUI enforcement)
Any such assignment is not vested and may be revoked at any time and the Rules of Evidence shall govern any appeal required by Section 3304(b) of the California Government Code and Procedure for Employee Removed from Special Assignments as identified below.
Specialty Position assignments are intended to be for a minimum period of three years, unless circumstances dictate an earlier rotation. Such circumstances may include, but are not limited to, promotion, application and selection for another Specialty Position, request by the officer to return to former position, staffing requirements, reorganization or performance issues, or a decision by the Police Chief.
The typical duration for a Specialty Assignment is three (3) years. Any person, holding a Specialty Position may receive two (2) two-year (2) extensions at the conclusion of the three- year assignment. Those extensions will be based upon documented job performance and the approval of the Chief of Police and are not guaranteed. For purposes of this policy, documented job performance will include that performance articulated in the employee's annual performance evaluation, Personnel Incident Reports (PIRs) and counseling memorandums. The decision of the Chief of Police to deny an extension shall not be considered discipline and is not appealable.
At the conclusion of the above -described seven-year maximum assignment period the position will be opened to interested, eligible personnel. Any person holding a Specialty Position may reapply for that position or another Specialty Position. Assignments extending beyond seven years will be made, year -by -year.
Any person in a Specialty Position who applies and is selected for another Specialty Position would then serve in that assignment for the minimum three-year period and would be eligible to qualify for two (2) two-year extensions as described above.
Personnel assigned to patrol will not be subject to mandatory rotation out of patrol as patrol is not deemed a special assignment.
H. Rules of Evidence and Procedure for Employees Removed from Special Assignments Any Police Officer removed from a Specialty Pay position for non -disciplinary reasons may file a written appeal with the City Administrator within 10 days of receiving notice of removal, in accordance with the following:
13 ATTACHMENT 1
a. Hearings shall be conducted by the City Administrator or his/ her designee. b. The question to be decided is whether the City abused its discretion in removing the Police Officer from the Specialty Pay position.
c. Formal rules of evidence and procedure that may be applicable in a court of law shall not apply to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of evidence that responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any judicial rule which might have made improper the admission of such evidence over objection in civil actions. Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but shall not be sufficient by itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be applicable to the same extent that they are recognized in civil actions.
d. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross examine opposing witnesses. If the employee does not testify his or her own behalf, the employee may be called and examined as if under cross-examination. e. Testimony shall be recorded by means of either a tape recording or certified court reporter.
f. Witness shall be sworn unless both parties stipulate otherwise. g.
Written declarations made under penalty of perjury shall be admissible, provided, however, that declarants shall be made available for testimony at the request of the party against whom the declaration is offered.
h. The Police Officer appealing the removal from the Specialty Pay position has the burden of proof. The standard of proof is a preponderance of the evidence. The City shall present its case first. During the presentation of the City's case, the officer shall have the right to cross-examine any witness called to testify by the City. During the presentation of the officer's case, the City shall have the right to cross-examine any witness called by the employee to testify.
i. Both parties shall have the right to counsel. Employee may be represented by the applicable employee organization representative.
j. Both parties shall have the right to present an opening argument prior to the presentation of any evidence and a closing argument after the presentation of all evidence. k. The City Administrator, or his/her designee, shall decide all questions of procedure and evidence.
I. The City Administrator, or his/her designee, shall issue a written decision within 30 days of 1) the conclusion of the hearing, or 2) the receipt of post -hearing briefs if such briefs are requested by the City Administrator or his/her designee. m. The decision of the City Administrator shall be final and binding. If the City Manager chooses to designate a hearing officer, that hearing officer will make a recommendation based on written findings to the City Administrator, whose decision shall be final and binding.
ATTACHMENT 1
14 n. Any objection to the City Administrator, or his/her designee, on the grounds of bias, must be made in writing, stating the reasons therefore, by delivering of the writing to the City Administrator no later than five (5) days prior to the date of the hearing.
I. Court Time
If a unit employee is subpoenaed to court on City business during his/her off -duty hours, such court time shall be compensated at time and one-half pay or time and one half comp time spent in court. A unit employee shall receive credit for a minimum of three (3) hours of court time if the entire period of such court time occurs during the unit employee's off -duty hours, before or after the unit employee's assigned shift. The overtime rate starts at the time the unit employee receives the order to respond to court immediately without delay.
In lieu of appearing as shown on the subpoena, a unit employee subpoenaed during his/her off -duty hours may be placed on stand-by status. If a court appearance does not result from stand-by status, the unit employee shall be compensated at the rate of $100 for each morning period and an additional $100 for each afternoon period of such stand-by. If court is called off before noon, there is no afternoon period stand-by pay.
If a unit employee's court appearance is required within 2% hours following the end of his/her assigned work shift (night shift), he/she shall be compensated at 11/2 times his/her hourly rate for "bridge time" and actual work hours resulting from said court appearance.
If an employee eligible for Court time compensation is required to make a work -related court appearance during off -duty hours such that said appearance may result in fatigue during his/her next scheduled work shift, said court time may, upon employee request and with advance supervisory approval, be handled in any one of the following alternative ways:
a. the employee may report late to his/her next scheduled work shift, by an amount of time equivalent to that spent in the court appearance;
b. the employee may leave his next scheduled work shift early, by an amount of time equivalent to that spent in the court appearance;
c. the employee may be compensated for said court time in accordance with the applicable provisions for court time as stated in the MOU.
J. Mandatory Training Meetings and Call Outs
Mandatory training, meetings, and call outs shall be compensated at time and one half compensatory time off or in cash at the employee's option. Unit employees required by the City to attend training, meetings or if called out for duty when off duty, shall receive credit for a minimum of three (3) hours overtime inclusive of travel time. Unit employees shall not be eligible for the three (3) hour minimum for training, meetings or call outs which occur as an extension of (before or after) a shift.
K. Investigator Standby
One investigator/detective shall be available on standby status each weekend (including extended 3 and 4 day holiday weekends) throughout the year. Standby status shall begin at 12:01 a.m. following the last regular City workday prior to the weekend and end at 11:59 p.m. on the first regular City workday following the weekend. The Standby Investigator/Detective 15 ATTACHMENT 1
shall be provided a pager or cell phone while on standby. Standby compensation shall be $150 per day; and if called out while on Standby, the employee shall receive, in addition to Standby Pay, overtime compensation for time actually worked.
L. Range Training
All unit employees shall receive overtime for attendance at "Range (weapons) Training", for a three (3) hour minimum per training. This only applies when the Range training does not occur during the member's regular shift.
Unit employees assigned to provide staff range training will receive 2.5% applied to the base rate of pay for the 2080 regularly scheduled hours assigned per year. No more than five unit members may be assigned to as range staff/trainers. This compensation is not reported as special compensation to CaIPERS.
M. Off -Duty Canine Pay
City shall provide for canine pay of fifteen hours per pay period at time and a half the hourly State of California minimum wage rate. Said hourly rate of pay shall be adjusted whenever the State minimum wage rate is adjusted.
It is recognized that the Canine Officer is sometimes required to perform extraordinary off - duty canine care, such as veterinary emergency or other rare occurrence which may cause a substantial increase in the normal off -duty hours worked. The Canine Officer shall submit a written request to the Police Chief or the Chief's assigned designee for additional compensation for extraordinary off -duty canine care. Such additional compensation, approved by the Police Chief or the Chief's assigned designee shall be compensated at time and one-half the same hourly rate as normal off -duty canine activities.
N. Off -Duty Motorcycle Pay
City shall provide for motorcycle pay of three (3) hours each pay period at time and a half the hourly rate of the State of California minimum wage. Said hourly pay shall be adjusted whenever the State minimum wage is adjusted.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties. The hours derived at in this agreement were determined after an actual inquiry of the Officers assigned in the canine special assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA. The City and Officers understand and agree that this additional compensation is intended to compensate canine/motor officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their assigned canine or maintaining their assigned motorcycle, in compliance with the FLSA and interpretive cases and rulings.
Unless otherwise authorized by a supervisor, employees in these assignments must limit their off -duty hours to a maximum of fifteen (15) hours per pay period (for canine) and three (3) hours per pay period because they are only being paid for those specific hours per pay period.
ATTACHMENT 1
16 ARTICLE 10 - MEAL PERIODS
Police Officers receive a paid thirty (30) minute meal break because they are required to be working or available to respond immediately to calls for service during their meal break.
Police Trainees shall be subject to the schedule of the Police Academy.
ARTICLE 11 - RETIREMENT
All employees covered under this MOU shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS, as amended.
A. Classic Members PERS 3% @ 50 FORMULA
For Classic Members, the employees will contribute the full (9) percent member contribution via payroll deduction.
B. PEPRA Members PERS 2.7% @ 57 FORMULA
For PEPRA Members, the employees will contribute one-half the total normal cost as identified by CaIPERS via payroll deduction.
ARTICLE 12 - MEDICAL INSURANCE COVERAGE
The City contracts with the California Public Employees' Retirement System (CaIPERS) to provide medical insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA).
As required under PEMHCA, the City contributes the statutory minimum contribution toward medical insurance premiums. The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index. • For coverage effective January 1, 2023, the minimum contribution is: $151.00/month • For coverage effective January 1, 2024, the minimum contribution is: $157.00/month • For coverage effective January 1, 2025, the minimum contribution is: TBD Unit employees may select any available CaIPERS benefit plan. Should a unit employee select a plan with premiums in excess of the City contribution level, the employee will be responsible for payment of the remaining premium through payroll deductions. Should an individual select a plan with a premium less than the City contribution, the City's contribution is limited to the plan premium.
A. For Active Employees:
The City, under a Section 125 plan, provides an allowance (which includes the statutory minimum) to active employees. If a unit employee elects to participate in a CaIPERS 17 ATTACHMENT 1
medical plan, the maximum monthly City contribution, including any PERS required minimum, will be made as follows:
• $735 per month for employee only
• $1,542 per month for employee+1
• $1,972 per month for employee+2
B. Retiree Coverage
Unit retirees will have access to the CaIPERS Health Benefit Program in accordance with CaIPERS regulations.
Participation in the CaIPERS Program will be consistent with Appendix "B" covering Unit Retirees.
Unit retirees hired prior to November 21, 1995, who are covered under the Appendix B provisions, will receive contributions to retiree medical (inclusive of the statutory minimum) as follows:
• $735 per month for employee only
• $1,542 per month for employee+1
• $1,972 per month for employee+2
Retirees who are Medicare eligible must comply with the CaIPERS Medicare enrollment provisions and are capped at medical contributions as follows (inclusive of the statutory minimum):
• $599 per month for employee only
• $1,406 per month for employee+1
• $1,836 per month for employee+2
For Retirees, if hired on or after November 21, 1995, the City will provide the minimum contribution required by the CaIPERS Health Benefit Program. The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.
• For coverage effective January 1, 2023, the minimum contribution is: $151.00/month. • For coverage effective January 1, 2024, the minimum contribution is: $157.00/month. • For coverage effective January 1, 2025, the minimum contribution is: TBD C. Medical Coverage Opt Out
2. Active unit employees who were hired into the POA unit prior to January 1, 2020 and who opt out of medical coverage will receive a medical opt -out payment. This payment is intended to comply with the Affordable Care Act's Eligible Opt Out arrangement.
The opt out amount for these employees are as follows:
a.
b.
c.
d.
Employee + Family
Employee + Dependent
Employee Only
Family to Employee Only (Remove 2 dependents)
18 $1,001.00
$ 822.25
$ 607.75
$ 607.75
ATTACHMENT 1
e. Two-party to Employee Only (Remove 1 dependent) $ 536.25 f. Family to Two -Party (Remove 1 dependent) $ 357.50
3. Active Unit Employees hired into POA after January 1, 2020 who opt out, will receive an opt out amount of $400 per month.
4. Active Unit Employees who opt out of the CaIPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt -out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn't have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
D. Medical Re -Opener - Affordable Care Act (ACA)
The parties recognize that certain changes to State and Federal Taws programs, taxes and regulations including the Affordable Care Act, may impact future medical plan offerings. In the event that reform measures or changes in the healthcare marketplace alter healthcare coverage options, costs or other elements of healthcare and materially alter the provisions on this MOU, either party may request to reopen regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage.
E. Proposed Post Employment Retiree Medical/Benefits Program CITY and POA representative(s) shall participate in the exploration and possible development of an employee paid pre -funded post -employment medical/benefits program for unit employees.
ARTICLE 13 - OTHER INSURANCE PROGRAMS
A. Dental Plan
The City agrees to make available to all Unit Employees dental insurance, and to pay the full premium for employee and dependent coverage for said insurance, plus any premium increases which occur during the term of the Memorandum of Understanding. The City reserves the right to select the insurance carrier, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding. The City agrees to meet and confer with PPOA representatives before any reduction of dental insurance coverage.
19 ATTACHMENT 1
Effective January 1, 2017 the City agrees to provide dental enhancement to the Principle PPO Plan/Principal Point -Of -Service (POS) Dental Plan to include orthodontic coverage, this benefit is a $1,500 lifetime maximum per family member enrolled in the dental plan.
B. Vision Care Plan
The City agrees to provide all Unit Employees a vision care plan. Further, The City agrees that it shall pay the full premium for employee and the dependent coverage during the term of this Memorandum of Understanding. The City reserves the right to select the plan carrier, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding. The City agrees to meet and confer with PPOA representatives before any reduction of vision plan coverage.
C. Short- and Long -Term Disability
The City agrees to provide to all full-time unit employees a short-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of employee's basic salary up to the policy maximum following a fifteen (15) day waiting period. Definition of "disability" and duration of eligibility for benefits shall be as set forth in the City's policy with its insurance carrier.
The City reserves the right to select the plan carrier, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding. The City agrees to meet and confer with PPOA representatives before any reduction of vision plan coverage.
The City agrees to provide to all full-time unit employees a long-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of employee's basic salary up to the policy maximum of following a ninety (90) day waiting period. Definition of "disability" and duration of eligibility for benefits shall be as set forth in the City's policy with its insurance carrier. The City reserves the right to select the plan carrier, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding. The City agrees to meet and confer with PPOA representatives before any reduction of vision plan coverage.
D. Life Insurance
The City agrees to provide to all unit employees life insurance at its sole expense, in the amount of $50,000 for the employee and in the amount of $1,000 for spouse, registered domestic partner and children over the age of six (6) months. The City reserves the right to select the plan carrier, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding. The City agrees to meet and confer with PPOA representatives before any reduction of vision plan coverage.
ATTACHMENT 1
20 ARTICLE 14 - PERSONAL TIME OFF
The purpose of personal time off (PTO) is to enable eligible unit employees to take time off from work.
A. PTO Accrual Rate
Each eligible full time unit employee shall accrue personal time off on the following basis:
Years of
Service
Accumulation
Rate
Maximum
Accumulation
0-3 years
3.08 hrs/pay period —
or 80 hours annually
260 Hours
3-10 years
4.62 hrs/pay period —
or 120 hours annually
340 Hours
10+ years
6.46 hrs/pay period —
or 168 hours annually
436 Hours
A completed biweekly pay period is defined as a biweekly pay period in which the employee has been in pay status for more than half of the working hours in that pay period.
B. Use of Personal Time Off
1. Unit employees will request personal time off through their immediate supervisor.
2. Approval of a personal time off request is the responsibility of the Chief of Police or his/her designee. He/she will primarily consider the needs of the City and, insofar as possible, the wishes of the employee.
3. Use of PTO may not exceed accumulated PTO leave bank.
4. Unit employees with Extraordinary Vacation Leave Banks may use either their PTO bank or their Extraordinary Vacation Bank when taking leave.
C. PTO Payment Upon Separation of Employment
An employee who separates from the service of the City shall receive payment for unused and accumulated PTO as of the date of separation, provided that accumulation of PTO shall be conditional upon completion of one (1) year of continuous service and an employee who, for any reason, does not complete one (1) year of continuous service, shall receive no credit/payment for personal time off.
D. Employees Not Granted PTO Use
PTO accumulation may not exceed twice the annual rate of accrual plus 100 hours. Any accumulation over this amount shall require the approval of the City Administrator.
An exception will be granted in the special circumstance involving a unit employee who is within six pay periods of exceeding his/her accumulation maximum. Such a unit employee will meet with their supervisor at least 60 days before the projected date on which they would meet their accumulation maximum. The purpose of the meeting will be to request use of PTO 21 ATTACHMENT 1
and to develop a plan to manage their PTO with the accumulation maximum. If the unit employee is denied a request to use PTO and the denial would result in exceeding the accumulation maximum, the City will cash out up to 20 hours of PTO from the employee's PTO bank.
E. Annual Leave Buy Back
To be eligible for Leave Buy Back, employees must utilize forty (40) hours of PTO in the preceding twelve (12) months.
Annually, by December 15th, employees may submit an irrevocable election form to receive payment of accrued leave in the following year under the following conditions:
1 An employee may elect to cash out up to one -hundred and fifty (150) hours of accrued PTO, Extraordinary Vacation Leave, or Comp Time to be paid with the first paycheck in December as long as after the cash out, a minimum of forty (40) hours remain in the PTO bank.
2. Employees with Extraordinary Vacation Leave must cash out that leave bank prior to requesting to cash out PTO or Comp Time.
For example, irrevocable election forms submitted in December 2019 will be for the December 2020 cash out. The hours of leave, which are converted to pay, shall be deducted from the employee's applicable accrual bank as identified on the irrevocable election form. The remaining unused leave shall remain in the applicable leave bank.
3. Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional annual leave buy down program.
4. Leave Buy Back shall be paid out at base rate of pay.
Leave cash out as outlined in this section may be paid in cash or as a deferred compensation contribution, at the employee's option, within the applicable Internal Revenue Service Limits.
ARTICLE 15 - SICK LEAVE AND ALTERNATIVE HEALTH AND WELLNESS Unit employees participate in the Alternative Health and Wellness (AHW) program which provides leave to be used for sick leave purposes as well as an incentive when employees use low amounts of leave. For long-term unit members, frozen sick leave banks may exist. Frozen sick leave banks may also be used for sick leave purposes or employees have the option of cashing out a portion of that leave as described below.
AHW hours and frozen sick leave hours may be used for an employees' illness or injury, medical appointments, for victims of domestic violence or stalking, or for other reasons the law allows sick leave to be used. Additionally, AHW leave may be used for family sick leave purposes as defined under the law (Labor Code 233).
22 ATTACHMENT 1
Evidence may be required in the form of a physician's certification, or other documentation, for any absence of a duration of three (3) or more consecutive working days during which AHW or frozen sick leave is requested unless waived by the City Administrator. If the absence during which leave is requested is less than 3 consecutive work days no physician's certificate (note) will be necessary prior to returning to work, unless the City has reasonable cause to believe there is abuse of the leave.
A. Alternative Health and Wellness Leave/Program
1. AHW leave accrual cannot exceed one -hundred and ninety-two (192) hours.
2. Unit members receive up to ninety-six (96) hours of AHW leave with the first pay period in July, as long as the AHW bank does not exceed 192 hours.
3. The AHW hours have no cash value during employment or upon separation from City service.
4. New employees will receive a pro -rated amount of AHW hours based on their date of hire.
For example, an employee who begins employment in October, will receive sixty-four (64) hours of AHW with the first pay period in November for the remaining eight months in the fiscal year. New employees may use AHW leave after completing three months of City service.
B. AHW Incentives
1. Unit members in active service as of July 1St, will receive $250 with the first paycheck in July.
2. In addition to the $250, unit members who use thirteen (13) hours or less of AHW leave between July 1 — June 30, will be given $1,000 with the first paycheck in the fiscal year and may convert twenty-four (24) hours of AHW leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 24 hours converted to PTO prior to the annual allocation of AHW leave.
3. In addition to the $250, unit members who use more than thirteen (13) hours but twenty- six (26) hours or less of AHW leave between July 1 — June 30, will be given $500 with the first paycheck in the fiscal year and may convert twelve (12) hours of AHW leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1St of each year, and those who meet the criteria will have the 12 hours converted to PTO prior to the annual allocation of AHW leave.
C. Frozen Sick Leave
For unit members with frozen sick leave, each year those employees may elect to cash out up to ninety-six (96) hours of frozen sick leave, until the frozen sick leave is depleted. The cash out is paid at the employees' base hourly rate of pay. Unit members electing to cash out frozen sick leave, must submit a frozen sick leave cash out form no later than November 15th of each year to receive the cash out with the first paycheck in December.
Frozen sick leave has no cash value at the time of separation from employment. 23 ATTACHMENT 1
D. AHW and Sick Leave Upon Reemployment
An employee who separates from City service and is reemployed by the City shall be treated as a new employee and shall not be entitled to any prior AHW leave unless required by law.
E. AHW Committee
The City and Association agree to work with a City-wide committee to review and make recommendations for a revised Alternative Health and Wellness program.
ARTICLE 16 - BEREAVEMENT LEAVE
Unit members are eligible for bereavement leave because of death within the immediate family.
Immediate family shall be defined as parent, child, spouse, registered domestic partner, sibling, grandparent, grandchildren, and spouse's parents and grandparents. PPOA members may take bereavement leave for one full workweek (up to 40 hours) for each death that occurs in the member's immediate family.
ARTICLE 17 - OTHER LEAVE PROVISIONS
A. Non -Industrial Injury
When an employee sustains a non -industrial injury/illness, and the City has received work restrictions from the treating physician, the City will engage in the interactive process to evaluate the ability to provide reasonable accommodation to permit the employee to work in a light/modified duty capacity.
B. Industrial Accident Leave
Police personnel covered by Section 4850 of the California Labor Code, shall receive industrial accident leave according to the provisions of Section 4850, California Labor Code. (Pay is non-taxable to the extent of wage loss.)
Any employee so entitled shall continue to accrue PTO, holidays, and AHW, and to earn eligibility for consideration for merit salary increases during an absence resulting from an on- the-job injury.
The City will engage in the interactive process to evaluate the ability to provide reasonable accommodation to permit the employee to work in a light/modified duty capacity when a treating physician indicates that an employee may return to work with work restrictions.
C. Military Leave
Military Leave with pay shall be granted pursuant to Division 2, Part 1, Chapter 7, Sections 395, et seq. of the Military and Veterans' Code of the State of California and City Resolution R-2001-64.
D. Other Leaves
The City Administrator may grant a leave of absence without pay to a unit member at his/her sole discretion.
ATTACHMENT 1
24 ARTICLE 18 - HOLIDAYS
A. Designated Holidays
All Unit Employees, except as hereinafter noted, shall be entitled to the following holidays, consisting of ten (10) hours each:
1. New Year's Day January 1
2. Martin Luther King Day (Third Monday in January)
3. Washington's Birthday (Third Monday in February)
4. Memorial Day (Last Monday in May)
5. Independence Day July 4
6. Labor Day (First Monday in September)
7. Veterans' Day November 11
8. Thanksgiving Day (Fourth Thursday in November)
9. Friday after Thanksgiving (Day after Thanksgiving)
10. Christmas Eve December 24
11. Christmas Day December 25
B. Floating Holidays
Two "floating holiday" in each 12 -month period; effective at the beginning the fiscal year may be taken on such date as requested by the employee subject to supervisor's approval.
Unused floating holiday hours as of June 1St will be paid annually as cash at the base hourly rate of pay with the second paycheck in June.
C. Dates of Observance of a Holiday
When a holiday falls on a Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on Saturday, the preceding Friday shall be deemed to be a holiday in lieu of the day observed. As Christmas Eve and Christmas are successive holidays, if either of them falls on a Saturday or Sunday, the City will celebrate the double holiday on the Friday preceding and the Monday following such a weekend.
D. Holidays for Shift Employees
Unit employees shall accrue 130 hours of holiday -in -lieu leave per year, credited to employee's Holiday Leave bank on January 1. Any balance that remains in the last pay period of the calendar year shall be paid to employees at their base rate of pay.
Holiday Leave would be prorated at time of hire/separation.
E. Holiday Closure
1. City to provide sixty (60) hours of leave for use during the holiday closure. Employees who are not working between December 15, 2023 and January 1, 2024, must use these hours for days off of work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck 25 ATTACHMENT 1
in June 2024. Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 15, 2022 and January 1, 2024 to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 2024.
2. City to provide sixty (60) hours of Leave for use during the holiday closure. Employees who are not working between December 20, 2024 and January 5, 2023, must use these hours for days off work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 2025. Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 20, 2024 and January 5, 2025 to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 2025.
F. Holidays for Police Trainees
Police Trainees are subject to the Holiday schedule of the Police Academy. Police Trainees are not entitled to Floating Holidays or Holiday Closure Hours.
ARTICLE 19 — LEAVES OF ABSENCE
1. During any unpaid leave of absence, unit members will not accrue leave and the City will not contribute toward medical/insurance benefits, unless required to do so under the law.
2. Unit members with accrued leave are required to utilize their leave accruals when they are absent from their regular schedule. Accrued leave shall be used to cover any hours of absence from the employees' regular work schedule. Unpaid leaves of absence for partial or full days, is not authorized when accrued leave is available.
ARTICLE 20 - EDUCATION REIMBURSEMENT
The City shall reimburse an employee 75% of the actual cost of books and tuition for a curse given by accredited public and private institutions at the current per unit cost of tuition at a "tax supported" institution (Cal -State Fullerton shall be used as the standard). The City may cap the amount of tuition reimbursement funds. Those funds will be identified annually in the City budget.
Requests for reimbursement will be processed on a first come, first serve basis subject to the annual cap. Course work must directly pertain to the employee's present duties and/or pertain to the next step toward promotion in his/her field of endeavor. A written request must be submitted and approved by his/her department head and the City Administrator prior to the date of the first meeting of the course. Reimbursement will only be provided if the employee receives a grade of C or better in said course and provided said employee remains in the employ of the City for one (1) year after successful completion of said course. If he/she leaves prior to said one (1) year, the reimbursement shall be deducted from his/her final check.
ATTACHMENT 1
26 ARTICLE 21 - POLICE UNIFORMS
The City will purchase uniforms for all regular, full-time uniformed members of the Police Department. A uniform allowance shall be reported to CaIPERS for "classic" members in the amount not to exceed $300 per calendar year per employee.
Uniform allowance is not considered pension reportable compensation for "new members" hired after January 1, 2013, pursuant to the Public Employee Pension Reform Act of 2013. (PEPRA).
ARTICLE 22 - GRIEVANCE AND ARBITRATION PROCEDURES
A. Purpose
The purpose of the grievance procedure is:
1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford unit employees, individually or through qualified employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
3. To provide that a grievance shall be settled as near as possible to the point of origin.
4. To provide that appeals shall be conducted as informally as possible.
B. Matters Subject to Grievance Procedure
Any unit employee shall have the right to grieve alleged violations or misapplications of this Memorandum of Understanding or of existing resolutions, ordinances, rules or regulations with respect to wages, hours, or conditions of employment, or suspension, dismissal from employment or any other disciplinary action; and for which appeal is not provided by other regulations or is not prohibited.
C. Informal Grievance Procedure
A unit employee who has a problem or complaint should first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the unit employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance. Any formal grievance must be filed within thirty (30) calendar days after the event giving rise to said grievance.
D. Formal Grievance Procedure
1. First Level of Review (Step 1) - The grievance shall be presented in writing to the unit employee's immediate supervisor, who shall render his/her decision and comments in writing and return them to the unit employee within fifteen (15) calendar days after receiving the grievance in writing. If the unit employee does not agree with his/her 27 ATTACHMENT 1
supervisor's decision, or if no answer has been received within fifteen (15) calendar days after submitting the grievance in writing to the immediate supervisor, the unit employee may present an appeal in writing to the Police Chief. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the written decision of his/her supervisor, or within twenty-five (25) calendar days following submittal of the written grievance to the supervisor if no decision by the supervisor is rendered, will constitute a withdraw/dropping of the grievance.
2. Department Review (Step 2) - The Police Chief receiving the grievance, or his/her designated representative, shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The Police Chief (or designee) shall render his/her decision and comments in writing, and return them to the unit employee within fifteen (15) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Police Chief, or within twenty-five (25)calendar days following submittal of the written grievance to the Police Chief if no decision is rendered, will constitute a withdraw/dropping of the grievance.
3. City Administrator Review (Step 3) - The City Administrator shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons.
The City Administrator may designate a fact-finding committee or an individual not in the normal line of supervision, to advise him/her concerning the grievance. The City Administrator shall render a decision in writing to the unit employee within twenty (20) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance to binding arbitration, as outlined below. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the City Administrator's decision, or within a total of twenty (20) calendar days following submittal of the written grievance to the City Administrator, if no decision is rendered will constitute a withdraw/dropping of the grievance.
E. Conduct of Grievance Procedure
1. The time limits specified above may be extended to a definite date by mutual agreement of the unit employee and the reviewer concerned.
2. The unit employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review.
3. The unit employee and his/her representative may be permitted to use a reasonable amount of work time, as determined by the Police Chief, in conferring about and presenting the appeal.
4. Unit employees shall be assured freedom from reprisal for using the grievance procedure.
F. Arbitration
1. General Provisions
ATTACHMENT 1
28 After having exhausted the provisions of the Grievance Procedure set forth herein, an eligible unit employee shall have the right to submit to binding arbitration any grievance which has not been resolved to his/her satisfaction, except in instances where such submission is specifically prohibited by the Personnel Ordinance, City Personnel Rules or this Memorandum of Understanding. Such appeal may be filed only after completion of Step 3 of the Grievance Procedure and in accordance with the time limits provided herein. Binding arbitration, as provided in this Article, shall be the sole and exclusive procedure for final resolution of unresolved grievances.
2. Procedures
If the grievant is not satisfied with the decision rendered at Step 3 of the Grievance Procedure, he/she may submit the matter to binding arbitration within the time limits set forth in the Grievance Procedures by filing written notice of such submission with the Director of Administrative Services. The written notice shall set forth the issue being submitted to binding arbitration, the provision(s) allegedly violated, and the remedy requested.
a. The City's representative and the grievant, or his/her designated representative(s), shall select an impartial third party to serve as the arbitrator. b. If the City's representative and the grievant, or his/her designated representative(s), are unable to agree upon an impartial third party, then the arbitrator shall be selected by mutually striking and ranking names from a list of professional arbitrators supplied by the American Arbitration Associations. Failure of the unit employee to participate in obtaining a list of arbitrators, selecting a single arbitrator, or scheduling an arbitration date, within thirty (30) calendar days of being requested to do so by the City, shall constitute a dropping of the grievance.
c. Each party to the dispute shall have the opportunity to present testimony and relevant evidence and to cross-examine witnesses before the arbitrator. After hearing the case, the arbitrator shall, in writing, submit to the parties his/her decision for resolution of the grievance. The decision of the arbitrator shall be final and binding upon both parties.
3. Conditions
The arbitrator shall have no power to add to, subtract from, nor to modify any of the terms of any memorandum of understanding between the parties. The arbitrator's award shall be consistent with, and controlled by, the Personnel Rules, Ordinances, and Charter of the City of Placentia, as well as the laws and Constitution of the State of California.
4. All expenses of arbitration shall be borne equally by the parties.
5. The provisions of this Section shall in no way apply to the "meet -and -confer' process.
ARTICLE 23 - IRS SECTION 125 FLEXIBLE SPENDING ACCOUNTS PROGRAM Placentia agrees to continue an IRS Section 125 Flexible Spending Accounts Program. 29 ATTACHMENT 1
ARTICLE 24 - SEVERABILITY CLAUSE
If any part of this MOU is rendered or declared invalid by reason of any existing or subsequently - enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this MOU shall not render invalid the remaining part hereof.
ARTICLE 25 - TERM
The terms of this MOU are to remain in full force and effect through June 30, 2025. Upon adoption of a resolution implementing the terms of this Memorandum of Understanding by the City Council of the City of Placentia, this Memorandum shall be in full force and effect as of July 1, 2023.
The parties will commence negotiations and schedule their first meeting for negotiating a successor MOU for the beginning of January 2025.
In the event of a financial emergency substantially reducing city revenues, the parties agree to reopen negotiations for a thirty (30) day period to negotiate the impact of such reductions. If mutual agreement is not reached by the parties, the terms of the MOU will remain unchanged.
This agreement, upon ratification and adoption supersedes all prior agreements, whether written or oral, unless expressly stated to the contrary herein and constitutes the complete and entire agreement between the parties and concludes the meet and confer process for its term unless otherwise expressly stated.
SIGNATURES
FOR THE CITY: FOR PPOA:
Damien Arrula Michael McGill, Adams
City Administrator Adams, Ferrone & Ferrone
Alice Burnett
Director of Human Resources
Jennifer Lampman,
Director of Finance
John Martinez
President
Beau Wagoner
Vice -President
30 ATTACHMENT 1
Luis Estevez
Deputy City Administrator Treasurer/Secretary
31 ATTACHMENT 1
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
Placentia Police Officers Association (PPOAI
July 2023
JOB CLASS -
STEP A
STEP B
STEP C
STEP D
STEP E
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
POLICE ACADEMY TRAIN Et
39.02 6,763.33
81,159.99
POLICE OFFICER
41.07 7,119.30
85,431.56
43.29 7,503.74
90,044.86
45.63 7,908.94
94,907.27
48.09 8,336.02
100,032.27
50.69 8,786.17
105,434.01
July 2024
STEP A
STEP B
STEP C
STEP D
STEP E
JOB CLASS -
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual -
Hr. -
Monthly -
Annual
POLICE ACADEMY TRAIN
41.36 7,169.13
86,029.59
POLICE OFFICER
43.54 7,546.45
90,557.46
45.89 7,953.96
95,447.55
48.37 8,383.48
100,601.70
50.98 8,836.18
106,034.20
53.73 9,313.34
111,760.05
32 ATTACHMENT 1
APPENDIX "B"- 1995 Insurance Changes
A. Tier I - Employees, hired prior to November 21, 1995.
1. The City shall make available single party and dependent medical, dental, optical, long-term disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council. The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.
2. During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.
3. Upon service retirement, or ordinary disability retirement, the City shall continue to pay its normal contribution for medical, dental, optical, and life insurances for all eligible employees. These benefits shall be considered to be vested for employees hired prior to November 21, 1995. Retired employees receiving these insurances shall if eligible enroll in, and pay for Medicare, Part B, at their earliest eligible date, as primary carrier. Employees retiring for industrial disability shall not be eligible for this benefit.
B. Tier II - Employees, hired on or after November 21, 1995.
1. The City shall make available single party and dependent medical, dental, optical, long-term disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council. The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.
2. During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.
3. Upon service retirement, or ordinary disability retirement, Tier II employees shall have the option of participating in a post -retirement insurance benefit program at their own cost. Employees retiring for industrial disability shall not be eligible for this benefit.
4. PLACENTIA agrees that PPOA representative(s) shall participate in the exploration and possible development of an employee paid pre -funded
post -retirement benefits program for employees hired after November 21, 1995.
APPENDIX "C" - Total Compensation Survey Components
The parties agree the following components will be used to guide future Total Compensation Surveys:
• Top Step Salary - subtract any employee contribution to Retirement Plan as outlined below
• Medical - maximum City contribution for Medical, Dental, Vision, LTD, Life • Uniform Allowance - Divide annual amount by 12 and add to monthly rate • Retiree Medical - Enter amount provided to new hires. Amount paid by City into retiree health savings plan, or, if benefit provided upon retirement, the maximum benefit provided for retiree medical, dental and vision. • POST/Education Pay - Use Maximum amount provided for:
o AA or Intermediate POST Certificate Amount
o BA or Advanced POST Certificate Amount
o MA Amount
o Combine if allowed
• Special Assignment Pay - Maximum amount provided at each City for any Special Assignment (Combine if Allowed)
• Bilingual Pay - Monthly amount or convert to monthly amount. • Longevity - Maximum amount provided.
• Employee Retiree Contributions - Any contributions paid by employee toward retirement plan (either employer or employee portion but paid by employee)
RESOLUTION NO. R-2023-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2023-24, via Resolution No. R-2023-42, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
Department
GL Account
Amount
Type
General Fund
PPOA MOU
General Government
109595-5023
$178,743
Increase
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED THIS 11th DAY OF JULY 2023.
Ward L. Smith, Mayor
Resolution R-2023-61
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 11th day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-61
TO:
VIA:
FROM:
DATE:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF HUMAN RESOURCES
JULY 11, 2023
AGENDA REPORT
SUBJECT: RESOLUTION TO ADOPT A COMPENSATION PLAN FOR THE
UNREPRESENTED MID -MANAGEMENT AND MANAGEMENT EMPLOYEES
FISCAL
IMPACT:
SUMMARY:
FISCAL YEAR 2023-24 $ 757,911 (Estimated)
FISCAL YEAR 2024-25 S 381,233 (Estimated)
TOTAL $1,139,144
The City and the Placentia's full-time workforce consists of employees that are represented by bargaining groups including the Police and Fire Management, Police Officers, Firefighters, and general employees as well as unrepresented Mid -Management and Management employees.
While the Unrepresented employees are not a formal bargaining unit, a resolution to provide certain compensation and benefits consistent with the balance of the organization is appropriate and requires City Council approval. This action approves a resolution to provide a compensation plan to the members of the Unrepresented Mid -Management and Management Employees.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Adopt Resolution R-2023-56 approving a compensation plan for the Unrepresented Mid -Management and Management Employees for the period of July 1, 2023, through June 30, 2025; and
2. Adopt Resolution No. R-2023-57, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2023-24 in compliance with City Charter of the City of Placentia §§1206 and §§1209 pertaining to appropriations for actual expenditures.
STRATEGIC PLAN STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
1.p.
July 11, 2023
City Council Agenda
July 11, 2023
DISCUSSION:
The Memorandums of Understanding (MOUs) between the City and the represented bargaining groups all expired on June 30, 2023. With City Council direction and cooperation from the Placentia Police Officers' Association (PPOA), the Placentia Firefighters' Association (PFA), and the Placentia City Employees' Association (PCEA), the negotiation process for these groups have been completed. The negotiation process is continuing with the Placentia Police and Fire Management Association (PPFMA). The remaining group of employees are the Unrepresented Mid -Management and Management employees. Mid -Management includes the positions of Management Analyst and above including Division Managers. Management employees include the Department Heads and the City Administrator.
The provisions of the resolution include, but are not limited to the following compensation and benefit adjustments:
1. Term: July 1, 2023 — June 30, 2025.
2. Mid -Management Employees Market Rate Adjustments: 5% market rate adjustments for Mid -Management classifications effective the full pay period of July 2023 and 4% effective the full pay period of July 2024.
3. One -Time Compensation: Mid -Management Employees in paid status as of the approval and adoption of the Compensation Plan will receive a one-time 5%, non-PERsable bonus, based upon adjusted wages as of July 2023.
4. Management Employees Market Rate Adjustments: 4% market rate adjustments for Management classifications effective the full pay period of July 2023 and 3% effective the full pay period of July 2024.
5. One -Time Compensation: Management Employees in paid status as of the approval and adoption of the Compensation Plan will receive a one-time 4%, non-PERsable bonus, based upon adjusted wages as of July 2023.
6. Holiday Closure: continue Holiday leave for the holiday closure for the term of the agreement.
7. Bereavement leave increased from 3 days to 5 days.
8. Management Employees will have an increase in Management Leave from 80 to 100 hours.
FISCAL IMPACT:
The total cost for the market rate adjustments is estimated to be:
Fiscal Year 23-24 Fiscal Year 24-25
Mid -Management Salary Increases
Mid -Management 5% One Time Payment
(Base rate)
Management Salary Increases*
Management 5% One Time Payment (Base
rate)*
Total
*Includes City Administrator
$317,544
$151,451
$212,026
$76,890
$256,743
$0
$124,490
$0
$757,9111 $381,233
City Council Agenda
July 11, 2023
Funding for wage increases included in the FY23/24 Adopted Budget. Funding for One-time payment proposed to come from unassigned fund balance.
Prepared by:
Alice Burnett
Director of Human Resources
Reviewed and approved:
(bQ
Rosanna Ramirez
Reviewed and approved:
Jennifer Lampman
Director of Finance
Damien R. Arrula
Deputy City Administrator City Administrator
Attachments:
1. Resolution No. R-2023-56
2. Compensation Plan
3. Resolution No. R-2023-57 Budget Amendment
.P(AL
RESOLUTION NO. R-2023-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA APPROVING A NEW
COMPENSATION PLAN FOR THE UNREPRESENTED MID -
MANAGEMENT AND MANAGEMENT EMPLOYEES FOR
THE PERIOD JULY 1, 2023, THROUGH JUNE 30, 2025, AND
SUPERSEDING RESOLUTION NO. R-2019-25
WHEREAS, Full-time Unrepresented Mid -Management and Management employees are not a formal bargaining unit and a Compensation Plan has been prepared on matters relating to wages, hours, and other terms and conditions of employment; end WHEREAS, the City has prepared a written Compensation Plan (Plan) which is attached to this resolution and incorporated herein; and WHEREAS, such Plan is within the parameters established by the City Council for the Mid -Management and Management Unit; and
WHEREAS, the City Council finds that the terms and conditions of this Plan are proper and in the best interest of the City;
The City Council of the City of Placentia does hereby resolve as follows:
Section 1: The Compensation Plan for the Unrepresented Mid -Management and Management Employees dated March 1, 2019, is hereby repealed.
Section 2: Resolution No. R-2019-25 is superseded. All previous and conflicting Compensation Plans adopted for this purpose by Resolution or by Minute order are repealed.
Section 3: This Resolution provides for salaries, benefits and other terms and conditions of employment applicable to unrepresented Mid -Management and Management Employees of the City of Placentia as listed in the attached Compensation Plan/Salary Schedule (Exhibit A).
Section 4: The Compensation Plan applicable to unrepresented Mid -Management and Management Employees of the City of Placentia effective July 1, 2023, and attached hereto is approved.
Resolution R-2023-56
APPROVED and ADOPTED this 11th day of July 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 11th day of July 2023 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-56
PLACENTIA
Rich Heritage, Bright Future
COMPENSATION PLAN
For
THE CITY OF PLACENTIA
UNREPRESENTED MID -MANAGEMENT AND
EXECUTIVE MANAGEMENT EMPLOYEES
July 1, 2023 — June 30, 2025
No. MGT 23-25
Adopted July 11, 2023, Resolution No.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
Table of Contents
ARTICLE I - TERM 5
ARTICLE II - COMPENSATION 5
A. Compensation Adjustments — Mid -Management Employees 5 B. Compensation Adjustments — Management Employees 5
C. Advancement Through The Salary Schedule 5
D. Salary on Promotion 5
ARTICLE III - TEMPORARY UPGRADE PAY 6
ARTICLE IV - LONGEVITY PAY 6
ARTICLE V - BILINGUAL PAY 6
ARTICLE VI - EDUCATIONAL INCENTIVE PROGRAM 6
A. General Guidelines 6
B. Requirements and Conditions Education Incentive 7
C. Educational Incentive Compensation 8
ARTICLE VII - TUITION AND BOOKS REIMBURSEMENT 8
ARTICLE VIII - TELECOMMUNICATIONS ALLOWANCE 8
ARTICLE IX - POOL CARS 9
ARTICLE X - VEHICLE ALLOWANCE 9
ARTICLE XI — RETIREMENT 9
A. CalPERS Retirement System 9
B. Fire and Life Safety Mid -Management Employees 10
C. Deferred Compensation Plan 10
ARTICLE XII - MEDICAL INSURANCE COVERAGE 10
A. Active Employees 10
B. Retiree Coverage 11
C. Medical Coverage Opt Out 12
ARTICLE XIII - OTHER INSURANCE PROGRAMS 12
A. Short Term Disability and Long -Term Disability Plans 12 B. Life Insurance 13
C. Dental Insurance 13
D. Optical Insurance 13
ARTICLE XIV — CAFETERIA PLAN 13
ARTICLE XV — ADMINISTRATION 13
Mid-Management/Executive Management Compensation Plan 2023 - 2025
ARTICLE XVI - PAID TIME OFF (PTO) 13
A. New Employee Accrual 14
B. PTO Accrual 14
C. Accrual Eligibility 14
D. Use of Paid Time Off 14
E. Payment of PTO Upon Separation of Service 15
F. Denial of PTO Request Resulting in Inability to Use PTO 15 ARTICLE XVII - SICK LEAVE/ALTERNATIVE HEALTH & WELLNESS (AHW) 15 A. Purpose of AHW/Sick Leave Program 15
B. Reasons for Use of AHW/Frozen Sick Leave 15
C. Request for Physician's Certification 15
D. Alternative Health and Wellness Leave/Program 15
E. AHW Incentives 16
F. Frozen Sick Leave 16
G. Reemployment 17
ARTICLE XVIII - OPTIONAL ANNUAL LEAVE BUY DOWN 17
ARTICLE XIX - OTHER MEDICAL LEAVE 18
ARTICLE XX - BEREAVEMENT LEAVE 18
ARTICLE XXI — HOLIDAYS 18
A. Designated Holidays 18
B. Holiday Closure 18
C. Floating Holidays 19
D. Holidays Observed 19
ARTICLE XXII - MANAGEMENT LEAVE 19
ARTICLE XXIII - PAYROLL PROCESSES 20
A. Pay Periods 20
B. Direct Deposit 20
ARTICLE XXIV - WORK SCHEDULES and HOURS OF WORK 20
A. Work Schedules & Hours of Work 20
ARTICLE XXV - GRIEVANCE AND ARBITRATION PROCEDURES 20
A. Purpose 20
B. Matters Subject To Grievance Procedure 21
C. Informal Grievance Procedure 21
D. Formal Grievance Procedure 21
Mid-Management/Executive Management Compensation Plan 2023 - 2025
E. Conduct of Grievance Procedure 22
F. Arbitration 22
ARTICLE XXVI — MISCELLANEOUS PROVISIONS 23
A. Probationary Period 23
B. Performance Evaluations 23
C. Leaves of Absence 24
D. Reclassification 24
E. Annual Physical 24
ARTICLE XXVII — MANAGEMENT EMPLOYMENT CONTRACTS 24
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE 1
APPENDIX "B" - 1995 INSURANCE BENEFITS CHANGES 2
APPENDIX "C"- CASUAL DRESS CODE 3
Mid-Management/Executive Management Compensation Plan 2023 - 2025
ARTICLE I - TERM
This Compensation Plan shall be effective July 1, 2023.
ARTICLE II - COMPENSATION
Salary ranges for represented job classes in the bargaining unit shall be set forth in Appendix "A" attached to this Compensation Plan.
A. Compensation Adjustments — Mid -Management Employees
1. Effective the first full pay period following July 1, 2023, the salary range will be increased by five percent (5%). Individuals will receive an adjustment of five percent (5%) related to the change in the salary schedule.
2. Effective the first full pay period following July 1, 2024, the salary range will be increased by four percent (4%). Individuals will receive an adjustment of four percent (4%) related to the change in the salary schedule.
3. One -Time Compensation — Mid -Management employees in paid status as of the approval and adoption of the Compensation Plan will receive a one-time, five percent (5%), non-PERSable compensation payment at base rate of pay.
B. Compensation Adjustments — Executive Management Employees
1. Effective the first full pay period following July 1, 2023, the salary range will be increased by four percent (4%). Individuals will receive an adjustment of four percent (5%) related to the change in the salary schedule.
2. Effective the first full pay period following July 1, 2024, the salary range will be increased by three percent (3%). Individuals will receive an adjustment of three percent (3%) related to the change in the salary schedule.
3. One -Time Compensation — Executive Management employees in paid status as of the approval and adoption of the Compensation Plan will receive a one-time, four percent (4%), non-PERSable compensation payment at base rate of pay.
C. Advancement Through The Salary Schedule
Employees hired at a step Step A or above, are eligible to advance one-step in the salary schedule after 12 months of service in the current step and with satisfactory job performance. For example, employees hired at Step A are eligible for movement to Step B after 12 months of City service and upon receipt of a performance evaluation that identifies that the employee meets all job standards.
D. Salary on Promotion
Any unit employee promoted from one job class to a higher job class shall be placed at a salary step in the range of the higher job class which provides not less than a 5% salary increase.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
ARTICLE III - TEMPORARY UPGRADE PAY
Unit employees assigned to work in a higher classification for more than five consecutive days will receive a 5% pay differential applied to their base rate of pay as temporary upgrade pay when assigned to perform the full range of duties in the higher classification.
The parties agree, that to the extent permitted by law, the City shall report temporary upgrade pay for "classic" employees as special compensation to CaIPERS pursuant to CCR §571 (a)(3) Temporary Upgrade Pay.
"New Members" as defined under the Public Employee Pension Reform Act (PEPRA) may receive the pay but it is not reportable as special compensation to CaIPERS.
ARTICLE IV - LONGEVITY PAY
Unit employees who have completed fifteen (15) years of service with the City of Placentia shall receive longevity pay of 5% of their base rate of pay for regular scheduled hours.
The parties agree, that to the extent permitted by law, the City shall report longevity pay as special compensation to CaIPERS pursuant to CCR §571 (a)(1) and CCR §571.1 (b)(1) Longevity Pay.
ARTICLE V - BILINGUAL PAY
Certain employees who have the ability to communicate in a language in addition to English, and who occupy positions in which said ability is regularly used, may be designated by the City Administrator to receive Bilingual Pay of $175 per month.
The designation of employees to receive Bilingual Pay shall be at the sole discretion of the City Administrator of the City of Placentia. The department head shall recommend to the City Administrator employees who should be considered for bilingual pay. Prior to receiving Bilingual Pay, designated employees must pass an objective testing process selected by the City demonstrating bilingual ability.
The parties agree, that to the extent permitted by law, the City shall report bilingual pay as special compensation to CaIPERS pursuant to CCR §571 (a)(4) and CCR §571.1 (b)(3) Bilingual Pay.
ARTICLE VI - EDUCATIONAL INCENTIVE PROGRAM
A. General Guidelines
1. All actions regarding the Educational Incentive Program, as defined herein, shall require the approval of the affected employee's Department Head and the City Administrator.
2. It shall be the employee's responsibility to submit written applications and supporting documentation for consideration under this program.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
3. Additional documentation may be required from the employee by the Department Head or City Administrator.
4. The Department Head and City Administrator may consult with staff members and/or educational authorities when necessary to determine acceptability of educational programs proposed for educational incentive pay.
5. The Department Head and City Administrator shall determine acceptability of proposed educational incentive programs, and grant approvals in such a manner so as to encourage and promote the satisfactory completion of those courses which tend to result in a higher proficiency of the employee in employee's job classification.
B. Requirements and Conditions Education Incentive
Minimum requirements to qualify for educational incentive compensation:
1. Current full-time employment with the City with a minimum of one-year continuous full- time service.
2. Satisfactory completion of approved educational programs such as college courses, adult educational courses, seminars, etc., related to the employee's occupation in excess of the occupational minimum requirements of the job class the employee occupies.
3. Approval by the employee's Department Head and City Administrator as defined herein.
4. Any employee who has completed educational programs qualifying under these provisions within five (5) years prior to the date he/she meets condition A-1, may be considered for educational incentive compensation for such programs; except that the "five (5) years prior" shall be waived for Associates (AA/AS) or Bachelors (BA/BS) achievement in accordance with condition A herein.
5. Upon advancement to a job class with a higher salary range, an employee shall retain achieved Educational Incentive Compensation only to the extent that completed educational programs meet Condition A, herein as they relate to the higher job class.
6. Where educational units are not conferred by an educational institution for course work completed, twenty hours of approved classroom study shall be considered equivalent to one semester unit.
7. Possession of certificates may be accepted for educational incentive if, and to the extent, the employee can document to the approving authority's satisfaction that the certificate is equivalent to formal education units.
8. For purposes of these provisions, all educational units earned on other than a semester basis shall be converted to their semester equivalent (Le., number of quarter units divided by 1.5 equal number of semester units).
9. No credit shall be given for letter grades below "C" or for courses not completed. Credit shall be given for courses successfully completed on a "pass -no pass" basis.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
10. Educational incentive compensation shall be paid to all qualifying employees beginning the month following the month in which approval is granted.
C. Educational Incentive Compensation
1. All employees qualified under these provisions shall be eligible to apply for educational incentive compensation. Upon approval, educational incentive compensation shall be:
a. Two percent (2%) salary differential for possession of an Associate of Arts (AA) degree.
b. Four percent (4%) salary differential for possession of a Bachelor of Arts (BA) or Bachelor of Science (BS) degree.
c. Six percent (6%) salary differential for possession of a Master's (MA) degree.
ARTICLE VII - TUITION AND BOOKS REIMBURSEMENT
The City shall reimburse a unit employee 75% of the actual cost of books and tuition for a course given by accredited public and private institutions at the current per unit cost of tuition at a "tax supported" institution (Cal -State Fullerton shall be used as the standard); provided:
1. Such a course directly pertains to the unit employee's present duties and/or pertains to the next step toward promotion in employee's field of endeavor.
2. A written request must be submitted and approved by the employee's Department Head and the City Administrator prior to the date of the first meeting of the course.
3. The unit employee receives a grade of C or better in said course.
4. The unit employee remains in the employ of the City for one (1) year after successful completion of said course. If he/she leaves prior to said one (1) year, the reimbursement shall be deducted from employee's final check.
5. Pre -approved coursework for certification programs that are job related may be eligible for reimbursement under this article. Pre -approval of the Department Head and City Administrator is required.
6. The City may cap the funds to be distributed based on the authorized budget as adopted by the City Council annually. The City will budget at least $20,000 per fiscal year for city- wide use of the tuition reimbursement program. Reimbursements will be provided in the order they are received by Human Resources when the cap is reached.
ARTICLE VIII - TELECOMMUNICATIONS ALLOWANCE
1. Mid -Management Allowance: The City shall provide $75 per month stipend to mid - management employees who have been authorized by their department head to use a personal cellular telephone or smartphone device for conducting official City business.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
The employee's department head has full discretion to approve or deny a stipend request based on the expectation that the employee will use their personal cell phone for city business and that the employee will respond when called or texted.
2. Executive Management Allowance: Subject to employment contract, City shall provide $100 per month stipend to Management employees.
ARTICLE IX - POOL CARS
Mid -Managers may use City pool cars for City Business. Employees must take all necessary training required per City Policy prior to use of a City Pool car.
An employee required to use a personal vehicle for City business shall be reimbursed mileage at the rate allowed by the Internal Revenue Service.
ARTICLE X - VEHICLE ALLOWANCE
Executive Management employees receive a vehicle allowance per his or her employment contract. Employees receiving this allowance shall have a personal vehicle at his/her work site each day he/she works and shall use that vehicle on City business. For business trips more than 25 miles one-way from City Hall, the employee may use a City pool car or be reimbursed at the IRS rate for travel beyond the first 50 miles. An employee who uses rail transit for meetings or conferences (not commuting) shall be reimbursed for the cost of such transit.
City pool cars may be used in situations where a private vehicle may be endangered e.g. fire, flood or earthquake.
ARTICLE XI — RETIREMENT
A. CaIPERS Retirement System
All employees except for employees designated mid -management personnel assigned to the Fire and Life Safety Department are covered under this MOU shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS, as amended.
1. Tier I - PERS 2% @ 55
For Classic Members, hired by the City of Placentia prior to April 2012 the employees will contribute the full seven (7) percent member contribution via payroll deduction.
2. Tier II - PERS 2% @ 60
For Classic Members, hired by the City of Placentia on or after April 2012 the employees will contribute the full seven (7) percent member contribution via payroll deduction.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
3. PEPRA/NEW MEMBERS - PERS 2% @ 62
For new members hired on or after January 1, 2013, the employees will contribute one-half of the total normal cost as identified by CaIPERS.
B. Fire and Life Safety Mid -Management Employees
The City does not participate in Social Security. The City provides a defined contribution plan for employees. Retirement age is 50 years. Employer contributions to the plan are ten percent (10%) of base pay. Compensation defined as base pay excludes overtime, specialty pay, education pay, reimbursements, allowances, leave cash outs, and any other ad hoc pay.
Employees become 100% vested in the plan upon completion of their fourth anniversary of employment with the City. Should the employee separate from service prior to their fourth anniversary all retirement benefit contributions made by the City on their behalf will be returned to the City. No employee contributions are required.
The City retains sole discretion in selecting the plan provider. Details on plan provisions are in the plan document.
C. Deferred Compensation Plan
Unit Employees may participate in a 457(b) Deferred Compensation Plan by electing to contribute pre-tax earnings to the plan subject to annual Internal Revenue Service Limits.
Executive Management Employees — Subject to Employment Contract terms, City shall match Employee's contribution, dollar -for -dollar up to half of the normal annual deferral limit, up to the limits allowed by Internal Revenue Service regulations, including catch up provision for Employees at least age 50.
ARTICLE XII - MEDICAL INSURANCE COVERAGE
The City contracts with CalPERS to provide medical insurance to employees and eligible dependents under the Public Employees' Medical and Hospital Care Act (PEMHCA).
A. Active Employees
As required under PEMHCA, the City contributes the statutory minimum contribution toward medical insurance premiums. The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.
• For coverage effective January 1, 2023, the minimum contribution is: $151.00/month • For coverage effective January 1, 2024, the minimum contribution is: $157.00/month • For coverage effective January 1, 2025, the minimum contribution is: TBD Mid-Management/Executive Management Compensation Plan 2023 - 2025
The City, under a Section 125 plan, provides an allowance (which includes the statutory minimum) to active employees. Should unit members select a plan with a plan premium in excess of the allowance, the employee is responsible for paying the additional premium costs through payroll deduction. Should a unit member select a plan with a plan premium lower than the allowance, the remainder of the allowance may not be used for any other purpose.
City contributions are as follows:
Employee Only
Employee +1
Employee +2
$ 722.00 per month
$1,444.00 per month
$1,877.00 per month
B. Retiree Coverage
Unit retirees will have access to the CaIPERS Health Benefit Program in accordance with CaIPERS regulations.
Participation in the CaIPERS Program will be consistent with Appendix "B" covering Unit Retirees.
Unit retirees hired prior to November 21, 1995, who are covered under the Appendix B provisions, will receive contributions to retiree medical (inclusive of the statutory minimum) as follows:
Retiree Only
Retiree +1
Retiree +2
$ 722.00 per month
$1,444.00 per month
$1,877.00 per month
Retirees who are Medicare eligible must comply with the CaIPERS Medicare enrollment provisions and are capped at medical contributions as follows (inclusive of the statutory minimum):
Retiree Only
Retiree +1
Retiree +2
Medicare & Basic Combo
$ 342.39 per month
$ 684.78 per month
$1,027.17 per month
$1,027.44 per month
For unit retirees hired after November 21, 1995, the City will provide the minimum contribution required by the CaIPERS Health Benefit Program. The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.
• For coverage effective January 1, 2023, the minimum contribution is: $151.00/month. • For coverage effective January 1, 2024, the minimum contribution is: $157.00/month. • For coverage effective January 1, 2025, the minimum contribution is: TBD Mid-Management/Executive Management Compensation Plan 2023 - 2025
C. Medical Coverage Opt Out
1 Employees who opt out of the CaIPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt -out payment cannot be made, and the City will not in fact make payment if the employer knows that the employee or tax family member doesn't have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
2. Unit employees hired by the City and who have elected to opt out as of November 1, 2019, will receive the following taxable payment each month under the eligible opt out arrangement:
a. Employee + Family
b. Employee + Dependent
c. Employee Only
d. Family to Employee Only (Remove 2 dependents)
e. Two-party to Employee Only (Remove 1 dependent)
f. Family to Two -Party (Remove 1 dependent)
$1,001.00
$ 822.25
$ 607.75
$ 607.75
$ 536.25
$ 357.50
3. Medical opt -out for active employees hired after July 1, 2019 or for employees hired before July 1, 2019 and who elect to opt out after November 1, 2019 will receive:
• $400 per month.
4. The taxable payment may be used by the employee at his/her discretion. Employees may elect to receive the payment as taxable wages, defer the payment into a 457 deferred compensation plan or for use in conjunction with Flexible Spending Accounts offered by the City.
ARTICLE XIII - OTHER INSURANCE PROGRAMS
A. Short Term Disability and Long -Term Disability Plans
1. The CITY agrees to provide to all full-time Unit Employees a short-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of employee's basic salary up to the policy maximum following a fifteen (15) day waiting period. Definition of Mid-Management/Executive Management Compensation Plan 2023 - 2025
"disability" and duration of eligibility for benefits shall be as set forth in the CITY's policy with its insurance carrier.
2. The CITY agrees to provide to all full-time employees covered by this Memorandum of Understanding a long-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of employee's basic salary up to the policy maximum following a ninety (90) day elimination period. Definition of "disability" and duration of eligibility for benefits shall be as set forth in The CITY's policy with its insurance carrier.
B. Life Insurance
1. The CITY agrees to provide to all mid -management employees life insurance at its sole expense, in the amount of one times each employees' earnings, rounded to the next $1,000 with a maximum of $150,000 of coverage and $1,000 for spouse and children over the age of six (6) months.
2. Subject to Employment Agreement terms, for Executive Management employees, the City shall pay the amount of premium due for term life insurance in the amount equal to one-half the Employee's adjusted annual base salary and whole life insurance in the amount of one-half the Employee's adjusted annual base salary, including all increases in the annual base salary.
C. Dental Insurance
The CITY agrees to make available to all unit employees' dental insurance, and to pay the full premium for employee and dependent coverage for said insurance during the term of this Compensation Plan.
D. Optical Insurance
The CITY agrees to make available to all unit employees' optical insurance. Further, CITY agrees that it shall pay the full premium for employee and dependent coverage for said insurance during the term of this Compensation Plan.
ARTICLE XIV — CAFETERIA PLAN
The City shall provide a full flexible Cafeteria Plan under IRS Code Section 125 to include Premium Only Conversion and Health Care Spending and Dependent Care Accounts.
ARTICLE XV — ADMINISTRATION
The City reserves the right to select the insurance carriers, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Compensation Plan.
ARTICLE XVI - PAID TIME OFF (PTO)
The purpose of paid time off (PTO) is to enable eligible unit employees to take time off from work.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
A. New Employee Accrual
New employees receive forty (40) hours of PTO upon completion of six months of City service. PTO may be used following the completion of six months of service, unless approved by the Department Head.
B. PTO Accrual
1. Mid -Management employees shall accrue paid time off on the following basis with a maximum accrual of two -hundred and sixty (260) hours:
Years of
Service
Accrual Rate
Maximum
Accumulation
0-3 years
3.08 hours/pay period (80 hours annually)
260 Hours
3-10 years
4.62 hours/pay period (120 hours annually)
260 Hours
10+ years
6.46 hours/pay period (168 hours annually)
260 Hours
2. Executive Management employees shall accrue paid time off at a rate of 6.46 hours per biweekly pay period with a maximum of two hundred and sixty (260) hours.
C. Accrual Eligibility
A completed biweekly pay period is defined as a biweekly pay period in which the employee has been in pay status for more than half of the working hours in that pay period.
D. Use of Paid Time Off
1. Unit employees will request paid time off through their immediate supervisor.
2. Approval of a paid time off request is the responsibility of the Department Head or his/her designee. He/she will primarily consider the needs of the City and, insofar as possible, the wishes of the employee.
3. Use of PTO may not exceed accumulated PTO leave bank. Should an employee exhaust their PTO and have no other available leave accrued, the employee may request time off without pay. Time off without pay is subject to Department Head and Director of Human Resources approval.
4. Unit employees with Extraordinary Vacation Leave Banks may use either their PTO bank or their Extraordinary Vacation Bank when taking leave.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
E. Payment of PTO Upon Separation of Service
An employee who separates from the service of the City shall receive payment for unused and accumulated PTO as of the date of separation, provided that accumulation of PTO shall be conditional upon completion of one (1) year of continuous service and an employee who, for any reason, does not complete one (1) year of continuous service, shall receive no credit/payment for paid time off.
F. Denial of PTO Request Resulting in Inability to Use PTO Should a unit employee who has made a reasonable request to use PTO time (reasonable is defined as at least two weeks in advance) be unable to utilize PTO time after requesting leave, and the inability to use leave will result in the employee reaching the maximum accrual, the City agrees to cash out 40 hours in lieu of leave at the employees base hourly rate of pay. A request to use PTO will not be unreasonably denied.
ARTICLE XVII - SICK LEAVE/ALTERNATIVE HEALTH & WELLNESS (AHW) A. Purpose of AHW/Sick Leave Program
Unit employees participate in the Alternative Health and Wellness (AHW) program which provides leave to be used for sick leave purposes as well as an incentive when employees use low amounts of leave. For long-term unit members, frozen sick leave banks may exist.
Frozen sick leave banks may also be used for sick leave purposes or employees have the option of cashing out a portion of that leave as described below.
B. Reasons for Use of AHW/Frozen Sick Leave
AHW hours and frozen sick leave hours may be used for an employees' illness or injury, medical appointments, for victims of domestic violence or stalking, or for other reasons the law allows sick leave to be used. Additionally, AWH leave may be used for family sick leave purposes as defined under the law (Labor Code 233).
C. Request for Physician's Certification
Evidence may be required in the form of a physician's certification, or other documentation, for any absence of a duration of three (3) or more consecutive working days during which AHW or frozen sick leave is requested unless waived by the City Administrator. If the absence during which leave is requested is less than 3 consecutive work days no physician's certificate (note) will be necessary prior to returning to work, unless the City has reasonable cause to believe there is abuse of the leave.
D. Alternative Health and Wellness Leave/Program
1. AHW leave accrual cannot exceed one -hundred and ninety-two (192) hours.
2. Unit members receive ninety-six (96) hours of AHW leave effective the first pay period in July of each fiscal year. The AHW bank has a maximum accrual of 192 hours, no credit will be given for hours above the maximum.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
3. The AHW hours have no cash value during employment or upon separation from City service.
4. New employees will receive a pro -rated amount of AHW hours based on their date of hire. For example, an employee who begins employment in October will receive sixty-four (64) hours of AWH with the first pay period in November for the remaining eight months in the fiscal year. New employees may use AHW leave after completing three months of City service.
E. AHW Incentives
1. Unit members in active service as of July 1st, will receive $250 with the first pay check in July.
2. In addition to the $250, unit members who use thirteen (13) hours or less of AHW leave between July 1 — June 30, may convert twenty-four (24) hours of AWH leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 24 hours converted to PTO prior to the annual allocation of AHW leave. Employees will also receive $1,000 with the first paycheck in July.
3. In addition to the $250, unit members who use more than thirteen (13) hours but twenty-six (26) hours or less of AHW leave between July 1 — June 30, may convert twelve (12) hours of AWH leave to their PTO bank (subject to PTO bank maximums).
The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 12 hours converted to PTO prior to the annual allocation of AHW leave. Employees will also receive $500 with the first paycheck in July.
F. Frozen Sick Leave
For unit members with frozen sick leave, each year those employees may elect to cash out up to ninety-six (96) hours of frozen sick leave, until the frozen sick leave is depleted. Unit members electing to cash out frozen sick leave must submit a frozen sick leave cash out form no later than November 1st of each year to receive the cash out with the first paycheck in December. The cash out is paid pursuant to the reimbursement value table identified below. Unit employees with frozen sick leave at the time of retirement will be paid 100% (the base rate of pay) for hours in their frozen sick leave bank. Hours in this bank may also be used for sick leave purposes.
Years of City Service at Time
Cash Out is Requested or
Upon Retirement
Reimbursement Value of
Frozen Sick Leave
0 to 3 years
0`)/0
Over 3 to 6 years
55%
Over 6 to 9 years
65%
Over 9 to 20 years
80%
Over 20 years
85%
Retirement
100%
Mid-Management/Executive Management Compensation Plan 2023 - 2025
G. Reemployment
An employee who separates from City service and is reemployed by the City shall be treated as a new employee and shall not be entitled to any prior AHW leave unless required by law.
ARTICLE XVIII - OPTIONAL ANNUAL LEAVE BUY DOWN
Annually, by December 15th, employees may submit an irrevocable election form to receive payment of accrued leave in the following year under the following conditions:
1. An employee may elect to cash out up to one -hundred and fifty (150) hours of accrued PTO, Extraordinary Vacation Leave, or Comp Time to be paid with the first paycheck in December as long as after the cash out, a minimum of forty (40) hours remain in the PTO bank.
2. Employees with Extraordinary Vacation Leave must cash out that leave bank prior to requesting to cash out PTO or Comp Time.
For example, irrevocable election forms submitted in December 2019 will be for the December 2020 cash out. The hours of leave, which are converted to pay, shall be deducted from the employee's applicable accrual bank as identified on the irrevocable election form. The remaining unused leave shall remain in the applicable leave bank.
3. Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional annual leave buy down program.
4. Employees who experience an unforeseen emergency may be permitted to make a new irrevocable election and redeem vacation hours for cash (or to increase the amount of a previous election up to the maximum) during the calendar year in which the unforeseen emergency occurs. For these purposes, "unforeseen emergency" means a severe financial hardship to the employee resulting from an illness or accident of the employee, the employees spouse, or a dependent of the employee, loss of the employee's property due to casualty, or other similar extraordinary and unforeseeable circumstance arising because of events beyond the control of the employee. The amount of such new election (or increase to prior election) shall be limited to the amount necessary to satisfy the unforeseen emergency up to the maximum of 150 hours per year as identified above and subject to the same minimum balance remaining after cash out as identified above.
Whether an occurrence is an unforeseeable emergency shall be determined by the Director of Administrative Services at his/her sole discretion. The denial of a request under the unforeseen emergency provision is not subject to any appeal by the employee.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
ARTICLE XIX - OTHER MEDICAL LEAVE
The City complies with federal and state leave laws including but not limited to FMLA/CFRA, Pregnancy Disability Leave (PDL), Military Leave, etc.
ARTICLE XX - BEREAVEMENT LEAVE
Unit members are eligible for bereavement leave because of death within the immediate family.
Immediate family shall be defined as parent, child, stepchild, spouse, registered domestic partner, sibling, grandparent, grandchildren, and spouse's parents and grandparents. Unit members may take bereavement leave for up to five (5) workdays for each death that occurs in the member's immediate family.
ARTICLE XXI — HOLIDAYS
A. Designated Holidays
The City observes the following holidays (holidays are generally valued at 10 hours each unless otherwise noted):
1. New Years' Day, January 1
2. Martin Luther King Day (Third Monday in January)
3. President's Day (third Monday in February)
4. Memorial Day (Last Monday in May)
5. Independence Day, July 4
6. Labor Day (First Monday in September)
7. Veterans' Day, November 11
8. Thanksgiving Day (Fourth Thursday in November)
9. Friday after Thanksgiving Day (observed on the Wednesday before Thanksgiving) 10 Christmas Eve, December 24
11. Christmas Day, December 25
12. New Year's Eve, December 31 (8 hour day)
B. Holiday Closure:
1. City to provide sixty-two (62) hours of leave for use during the holiday closure.
Employees who are not working between December 15, 2023 and January 2, 2024, must use these hours for days off of work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 2024. Hours are subject to the normal Mid-Management/Executive Management Compensation Plan 2023 - 2025
approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 15, 2023 and January 2, 2024 to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 2024.
2. City to provide forty-two (42) hours of leave for use during the holiday closure.
Employees who are not working between December 20, 2024 and January 5, 2025, must use these hours for days off work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 2025. Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 20, 2024 and January 5, 2025 to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 2025.
C. Floating Holidays
Unit employees receive two floating holidays at the beginning of each fiscal year. Unused floating holiday hours as of June 1St will be cashed out annually at the base hourly rate of pay with the second paycheck in June.
D. Holidays Observed
When a holiday falls on a Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on Saturday, the preceding Thursday shall be deemed to be a holiday in lieu of the day observed.
ARTICLE XXII - MANAGEMENT LEAVE
Mid -Managers and Management personnel are not eligible for paid overtime.
Mid -Management employees may receive up to 80 hours of management leave per calendar year dependent upon position and Department Head discretion. Annual leave is credited to employees' Management Leave bank in January. Hours are prorated for new employees.
Executive Management employees shall receive 100 hours of management leave per calendar year. The use of management leave time shall be at the discretion of the City Administrator. Annual leave is credited to employees' Management Leave bank in January.
Hours are prorated for new employees.
Management leave may be used for leave purposes only and will have no cash value.
Management leave hours must be utilized in the calendar year credited, and any remaining balance may not be carried over to the next calendar year.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
ARTICLE XXIII - PAYROLL PROCESSES
A. Pay Periods
Unit employees will be paid on a bi-weekly basis.
B. Direct Deposit
The City shall electronically deposit employees' paychecks into a savings or checking account designated by the employee. All employees shall participate in the City's direct deposit payroll program. Each employee shall be responsible for providing the Human Resources Department with the correct routing number and account number of his or her banking institution.
ARTICLE XXIV - WORK SCHEDULES AND HOURS OF WORK
A. Work Schedules & Hours of Work
Unit employees are assigned a 4/10 work schedule. The work schedule includes four consecutive ten-hour workdays followed by three consecutive days off for two weeks. The work schedule in a two week period is 80 hours.
B. Hours of work are as follows:
• 7:15 a.m. - 6:15 p.m., Monday - Thursday - (1 -hour unpaid lunch) All other work schedules or hours of work would require the Alternative Work Schedule Request Form to be submitted and approved by the City Administrator.
Except in cases of emergency, the City shall provide two weeks notice to an employee of any changes in his/her work schedule.
ARTICLE XXV - GRIEVANCE AND ARBITRATION PROCEDURES
A. Purpose
The purpose of the grievance procedure is:
1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford unit employees, individually or through qualified employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
3. To provide that a grievance shall be settled as near as possible to the point of origin.
4. To provide that appeals shall be conducted as informally as possible.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
B. Matters Subject To Grievance Procedure
Any unit employee or the Association shall have the right to grieve alleged violations or misapplications of this Memorandum of Understanding or of existing resolutions, ordinances, rules or regulations with respect to wages, hours, or conditions of employment, or suspension, dismissal from employment or any other disciplinary action; and for which appeal is not provided by other regulations or is not prohibited.
C. Informal Grievance Procedure
A unit employee who has a problem or complaint should first try to get it settled through discussion with the employee's immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with the employee's supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the unit employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance. Any formal grievance must be filed within thirty (30) calendar days after the event giving rise to said grievance. A formal grievance may be filed by the employee association.
D. Formal Grievance Procedure
1. First Level of Review (Step 1) - The grievance shall be presented in writing to the unit employee's immediate supervisor, who shall render employee's decision and comments in writing and return them to the unit employee within fifteen (15) calendar days after receiving the grievance in writing. If the unit employee does not agree with employee's supervisor's decision, or if no answer has been received within fifteen (15) calendar days after submitting the grievance in writing to the immediate supervisor, the unit employee may present the appeal in writing to the employee's department head. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the written decision of his/her supervisor, or within a total of twenty-five (25) calendar days following submittal of the written grievance to the supervisor, if no decision by the supervisor is rendered, it will constitute a withdraw/dropping of the grievance.
2. Department Review (Step 2) - The Department Head receiving the grievance, or employee's designated representative, shall discuss the grievance with the unit employee, employee's representative, if any, and with other appropriate persons.
The Department Head shall render employee's decision and comments in writing, and return them to the unit employee within fifteen (15) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Department Head, or within twenty-five (25) calendar days following submittal of the written grievance to the department head if no decision is rendered will constitute a withdraw/dropping of the grievance.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
3. City Administrator Review (Step 3) - The City Administrator shall discuss the grievance with the unit employee, employee's representative, if any, and with other appropriate persons. The City Administrator may designate a fact-finding committee or an individual not in the normal line of supervision, to advise him/her concerning the grievance. The City Administrator shall render a decision in writing to the unit employee within twenty (20) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance to binding arbitration, as outlined below. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the City Administrator's decision, or within a total of twenty (20) calendar days following submittal of the written grievance to the City Administrator if no decision is rendered will constitute a withdraw/dropping of the grievance.
E. Conduct of Grievance Procedure
1. The time limits specified above may be extended to a definite date by mutual agreement of the unit employee and the reviewer concerned.
2. The unit employee may request the assistance of another person of employee's own choosing in preparing and presenting employee's appeal at any level of review.
3. The unit employee and employee's representative may be permitted to use a reasonable amount of work time, as determined by the appropriate department head, in conferring about and presenting the appeal.
4. Unit employees shall be assured freedom from reprisal for using the grievance procedure.
F. Arbitration
1. General Provisions. After having exhausted the provisions of the Grievance Procedure set forth herein, an eligible unit employee shall have the right to submit to binding arbitration any grievance which has not been resolved to employee's satisfaction, except in instances where such submission is specifically prohibited by the Personnel Ordinance, City Personnel Rules or this Memorandum of Understanding. Such appeal may be filed only after completion of Step 3 of the Grievance Procedure and in accordance with the time limits provided herein. Binding arbitration, as provided in this Article, shall be the sole and exclusive procedure for final resolution of unresolved grievances.
2. Procedures. If the grievant is not satisfied with the decision rendered at Step 3 of the Grievance Procedure, he/she may submit the matter to binding arbitration within the time limits set forth in the Grievance Procedures by filing written notice of such submission with the Director of Administrative Services. The written notice shall set forth the issue being submitted to binding arbitration, the provision(s) allegedly violated, and the remedy requested.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
a. The City's representative and the grievant, or employee's designated representative(s), shall select an impartial third party to serve as the arbitrator.
b. If the City's representative and the grievant, or employee's designated representative(s), are unable to agree upon an impartial third party, then the arbitrator shall be selected by mutually striking and ranking names from a list of professional arbitrators supplied by the American Arbitration Associations. Failure of the unit employee to participate in obtaining a list of arbitrators, selecting a single arbitrator, or scheduling an arbitration date, within thirty (30) calendar days of being requested to do so by the City, shall constitute a dropping of the grievance.
c. Each party to the dispute shall have the opportunity to present testimony and relevant evidence and to cross-examine witnesses before the arbitrator. After hearing the case, the arbitrator shall, in writing, submit to the parties' employee's decision for resolution of the grievance. The decision of the arbitrator shall be final and binding upon both parties.
3.Conditions. The arbitrator shall have no power to add to, subtract from, or to modify any of the terms of any memorandum of understanding between the parties. The arbitrator's award shall be consistent with, and controlled by, the Personnel Rules, Ordinances, and Charter of the City of Placentia, as well as the laws and Constitution of the State of California.
4.AII expenses of arbitration shall be borne equally by the parties.
5.The provisions of this Section shall in no way apply to the "meet -and- confer" process.
ARTICLE XXVI — MISCELLANEOUS PROVISIONS
A. Probationary Period
1. All original and promotional appointments to the classified service shall be tentative and subject to a probationary period of twelve (12) months actual service.
2. The City Administrator may establish a longer probationary period for specified cases.
3. The appointing authority shall complete a written performance evaluation indicating whether the employee has or has not been granted permanent status, a copy shall be given to the probationary employee and the original shall be forwarded to the Human Resources Division before the probationer's permanent status date.
B. Performance Evaluations
Employees will receive performance evaluations from their supervisor at least annually on performance evaluation forms provided by the City. New employees or employees who need improvement may be evaluated more frequently than once per year. The performance evaluation process should provide an assessment and feedback on the quality, quantity, and other job -related metrics designed to identify proficiency and performance that meets the Mid-Management/Executive Management Compensation Plan 2023 - 2025
standards set by the supervisor, department, and City. Performance evaluations will be placed in the employees' official personnel file in Human Resources.
C. Leaves of Absence
1. During any unpaid leave of absence, unit members will not accrue leave and the City will not contribute toward medical/insurance benefits, unless required to do so under the law.
2. Unit members with accrued leave are required to utilize their leave accruals when they are absent from their regular schedule. Accrued leave shall be used to cover any hours of absence from the employees' regular work schedule. Unpaid leaves of absence for partial or full days, is not authorized when accrued leave is available.
D. Reclassification
A unit member who believes that there have been substantial changes in their job duties that are not reflected in the current job classification specification may request to their Department Head that a classification review be conducted. Requests for a classification review must be received between November 1st and December 15th. The Department Head will review the request and if he/she agrees to initiate a request for a classification review, he/she will submit the request to Human Resources by January 15tH
Human Resources will evaluate and determine the manner and method to use to review the classification. Human Resources can also decline to review the classification if it believes the review is not warranted or if there is another more appropriate avenue for review.
Classification reviews and recommendations will be evaluated during the annual budget process and any recommended change will be presented for consideration via the budget process.
E. Annual Physical- Executive Management
Subject to Employment Contract terms, Executive Management Employees may elect to submit once per calendar year to a complete physical examination, including a cardio- vascular examination, by a qualified physician under the City's medical plan selected by the employee, the co -pay cost shall be paid by the City.
ARTICLE XXVII — EXECUTIVE MANAGEMENT EMPLOYMENT CONTRACTS Executive Management employees in classifications listed in Exhibit A are subject to employment contracts.
Mid-Management/Executive Management Compensation Plan 2023 - 2025
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
PLACENTIA CITY EMPLOYEES ASSOCIATION (PCEA)
Effective July 1, 2023
JOB CLASS
STEP A
STEP B
STEP C
STEP D
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
ACCOUNT CLERK
20.65 3,579.21
42,950.53
21.76 3,772.49
45,269.86
22.94 3,976.20
47,714.43
24.18 4,190.92
50,291.03
25.48 4,417.23
53,006.73
ACCOUNTING TECHNICIAN
24.26 4,204.92
50,459.04
25.57 4,431.99
53,183.82
26.95 4,671.31
56,055.74
28.41 4,923.56
59,082.74
29.94 5,189.43
62,273.20
ADMINISTRATIVE ASSISTANT
24.13 4,182.03
50,184.34
25.43 4,407.86
52,894.30
26.80 4,645.88
55,750.58
28.25 4,896.76
58,761.11
29.78 5,161.18
61,934.22
ADMINISTRATIVE SPECIALIST
25.82 4,475.77
53,709.18
27.22 4,717.45
56,609.46
28.69 4,972.20
59,666.38
30.23 5,240.70
62,888.37
31.87 5,523.69
66,284.34
ASSISTANT PLANNER
29.32 5,081.93
60,983.19
30.90 5,356.36
64,276.30
32.57 5,645.60
67,747.21
34.33 5,950.46
71,405.55
36.18 6,271.79
75,261.47
BUILDING INSPECTOR
30.80 5,338.43
64,061.11
32.46 5,626.70
67,520.42
34.21 5,930.54
71,166.52
36.06 6,250.79
75,009.50
38.01 6,588.33
79,060.01
BUILDING PERMIT TECHNICIAN
24.26 4,204.92
50,459.04
25.57 4,431.99
53,183.82
26.95 4,671.31
56,055.74
28.41 4,923.56
59,082.74
29.94 5,189.43
62,273.20
CITY CLERK SPECIALIST
25.82 4,475.77
53,709.18
27.22 4,717.46
56,609.48
28.69 4,972.20
59,666.39
30.23 5,240.70
62,888.37
31.87 5,523.70
66,284.35
CODE ENFORCEMENT OFFICER
28.23 4,892.38
58,708.57
29.75 5,156.57
61,878.83
31.36 5,435.02
65,220.30
33.05 5,728.52
68,742.21
34.83 6,037.86
72,454.27
COMMUNITY SERVICES COORDINATOR
25.82 4,475.77
53,709.18
27.22 4,717.45
56,609.46
28.69 4,972.20
59,666.38
30.23 5,240.70
62,888.37
31.87 5,523.69
66,284.34
COMMUNITY SERVICES OFFICER
23.05 3,995.57
47,946.85
24.30 4,211.33
50,535.99
25.61 4,438.74
53,264.94
26.99 4,678.44
56,141.24
28.45 4,931.07
59,172.87
CRIME PREVENTION OFFICER
23.66 4,100.39
49,204.65
24.93 4,321.81
51,861.71
26.28 4,555.19
54,662.23
27.70 4,801.17
57,613.99
29.19 5,060.43
60,725.15
CUSTODIAN
19.95 3,458.20
41,498.44
21.03 3,644.95
43,739.35
22.16 3,841.77
46,101.25
23.36 4,049.23
48,590.72
24.62 4,267.89
51,214.63
DEVELOPMENT SERVICES COORDINATOR
28.23 4,892.38
58,708.56
29.75 5,156.57
61,878,82
31.36 5,435.02
65,220.28
33.05 5,728.51
68,742.17
34.83 6,037.85
72,454.25
ENGINEERING AIDE
19.13 3,315.62
39,787.43
20.16 3,494.66
41,935.96
21.25 3,683.38
44,200.52
22.40 3,882.28
46,587.35
23.61 4,091.92
49,103.07
ENVIRONMENTAL COMPLIANCE OFFICER
28.94 5,016.95
60,203.43
30.51 5,287.87
63,454.42
32.15 5,573.41
66,880.96
33.89 5,874.38
70,492.54
35.72 6,191.59
74,299.12
EQUIPMENT MECHANIC
26.08 4,521.37
54,256.47
27.49 4,765.53
57,186.33
28.98 5,022.87
60,274.39
30.54 5,294.10
63,529.21
32.19 5,579.98
66,959.78
EXECUTIVE ASSISTANT TO CITY
ADMINISTRATOR
29.53 5,118.85
61,426.18
31.13 5,395.26
64,743.18
32.81 5,686.61
68,239.32
34.58 5,993.69
71,924.23
36.45 6,317.35
75,808.15
FACILITIES MAINTENANCE TECH
25.93 4,495.30
53,943.62
27.33 4,738.05
56,856.57
28.81 4,993.90
59,926.84
30.37 5,263.57
63,162.88
32.01 5,547.81
66,573.66
FACILITIES MAINTENANCE TECH II
27.40 4,748.59
56,983.05
28.88 5,005.01
60,060.12
30.43 5,275.28
63,303.36
32.08 5,560.14
66,721.73
33.81 5,860.39
70,324.71
GIS SPECIALIST
24.13 4,182.03
50,184.34
25.43 4,407.86
52,894.30
26.80 4,645.88
55,750.59
28.25 4,896.76
58,761.12
29.78 5,161.18
61,934.22
GIS TECHNICIAN
27.18 4,711.41
56,536.95
28.65 4,965.83
59,589.95
30.20 5,233.98
62,807.81
31.83 5,516.62
66,199.44
33.55 5,814.52
69,774.22
HUMAN RESOURCE TECHNICIAN
27.18 4,711.41
56,536.95
28.65 4,965.83
59,589.95
30.20 5,233.98
62,807.81
31.83 5,516.62
66,199.44
33.55 5,814.52
69,774.22
INFORMATION TECHNOLOGY TECH
30.80 5,338.43
64,061.11
32.46 5,626.70
67,520.42
34.21 5,930.54
71,166.52
36.06 6,250.79
75,009.50
38.01 6,588.33
79,060.01
MAINTENANCE CREW LEADER
26.62 4,613.58
55,362.94
28.05 4,862.71
58,352.53
29.57 5,125.30
61,503.55
31.17 5,402.06
64,824.76
32.85 5,693.77
68,325.29
MAINTENANCE WORKER
23.66 4,100.39
49,204.64
24.93 4,321.81
51,861.67
26.28 4,555.18
54,662.21
27.70 4,801.16
57,613.96
29.19 5,060.43
60,725.11
MANAGEMENT ASSISTANT
27.18 4,711.41
56,536.95
28.65 4,965.83
59,589.95
30.20 5,233.98
62,807.81
31.83 5,516.62
66,199.44
33.55 5,814.52
69,774.22
MEDIA SERVICES SPECIALIST
28.23 4,892.38
58,708.57
29.75 5,156.57
61,878.83
31.36 5,435.02
65,220.30
33.05 5,728.52
68,742.21
34.83 6,037.86
72,454.27
OFFICE ASSISTANT
18.63 3,229.22
38,750.69
19.64 3,403.60
40,843.23
20.70 3,587.40
43,048.76
21.81 3,781.11
45,373.38
22.99 3,985.30
47,823.54
OFFICE CLERK
20.65 3,579.21
42,950.53
21.76 3,772.49
45,269.86
22.94 3,976.20
47,714.43
24.18 4,190.92
50,291.03
25.48 4,417.23
53,006.73
OFFICE SPECIALIST
22.00 3,812.59
45,751.13
23.18 4,018.48
48,221.70
24.44 4,235.47
50,825.68
25.75 4,464.19
53,570.25
27.15 4,705.25
56,463.06
PARKING CONTROL OFFICER
19.95 3,458.20
41,498.44
21.03 3,644.95
43,739.35
22.16 3,841.77
46,101.25
23.36 4,049.23
48,590.72
24.62 4,267.89
51,214.63
PLANNING AIDE
19.13 3,315.62
39,787.43
20.16 3,494.66
41,935.96
21.25 3,683.38
44,200.52
22.40 3,882.28
46,587.35
23.61 4,091.92
49,103.07
PLANNING TECH
24.26 4,204.92
50,459.04
25.57 4,431.99
53,183.82
26.95 4,671.31
56,055.74
28.41 4,923.56
59,082.74
29.94 5,189.43
62,273.20
POLICE CIVILIAN INVESTIGATOR
31.95 5,537.92
66,454.98
33.67 5,836.96
70,043.56
35.49 6,152.16
73,825.92
37.41 6,484.38
77,812.52
39.43 6,834.53
82,014.40
POLICE PROPERTY TECHNICIAN
28.53 4,944.38
59,332.58
30.07 5,211.38
62,536.54
31.69 5,492.79
65,913.52
33.40 5,789.41
69,472.86
35.20 6,102.03
73,224.40
POLICE SERVICE OFFICER
23.05 3,995.57
47,946.85
24.30 4,211.33
50,535.99
25.61 4,438.74
53,264.94
26.99 4,678.44
56,141.24
28.45 4,931.07
59,172.87
POLICE SERVICES SUPERVISOR
33.55 5,815.14
69,781.73
35.36 6,129.16
73,549.94
37.27 6,460.14
77,521.63
39.28 6,808.98
81,707.80
41.40 7,176.67
86,120.01
PUBLIC SAFETY COMMUNICATION SUPERVISOR -
DISPATCH
43.56 7,550.55
90,606.60
45.91 7,958.28
95,499.36
48.39 8,388.03
100,656.32
51.01 8,840.98
106,091.76
53.76 9,318.39
111,820.72
PUBLIC SAFETY DISPATCHER
31.36 5,435.03
65,220.34
33.05 5,728.52
68,742.25
34.83 6,037.86
72,454.34
36.71 6,363.91
76,366.89
38.70 6,707.56
80,490.69
REVISED: 1/30/2023
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
PLACENTIA CITY EMPLOYEES ASSOCIATION (PCEA)
Effective July 1, 2023
JOB CLASS
STEP A
STEP B
STEP C
STEP D
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
PUBLIC WORKS INSPECTOR
30.40 5,268.59
63,223.07
32.04 5,553.09
66,637.12
33.77 5,852.96
70,235.52
35.59 6,169.02
74,028.24
37.51 6,502.15
78,025.76
SENIOR ACCOUNTING TECHNICIAN
27.18 4,711.41
56,536.95
28.65 4,965.83
59,589.95
30.20 5,233.98
62,807.81
31.83 5,516.62
66,199.44
33.55 5,814.52
69,774.22
SENIOR ADMINISTRATIVE ASSISTANT
28.23 4,892.38
58,708.57
29.75 5,156.57
61,878.83
31.36 5,435.02
65,220.30
33.05 5,728.52
68,742.21
34.83 6,037.86
72,454.27
SENIOR BUILDING INSPECTOR
31.15 5,399.30
64,791.56
32.83 5,690.86
68,290.31
34.60 5,998.17
71,977.98
36.47 6,322.07
75,864.80
38.44 6,663.46
79,961.49
SENIOR CODE ENFORCEMENT OFFICER
30.80 5,338.43
64,061.11
32.46 5,626.70
67,520.42
34.21 5,930.54
71,166.52
36.06 6,250.79
75,009.50
38.01 6,588.33
79,060.01
SENIOR CUSTODIAN
23.66 4,100.39
49,204.64
24.93 4,321.81
51,861.67
26.28 4,555.18
54,662.21
27.70 4,801.16
57,613.96
29.19 5,060.43
60,725.11
SENIOR ENGINEERING AIDE
27.40 4,748.59
56,983.05
28.88 5,005.01
60,060.12
30.43 5,275.28
63,303.36
32.08 5,560.14
66,721.73
33.81 5,860.39
70,324.71
SENIOR HUMAN RESOURCE TECHNICIAN
28.53 4,944.38
59,332.58
30.07 5,211.38
62,536.54
31.69 5,492.79
65,913.52
33.40 5,789.41
69,472.86
35.20 6,102.03
73,224.40
REVISED: 1/30/2023
MID -MANAGEMENT
Effective July 1, 2024
JOB CLASS
STEP A
STEP B
STEP C
STEP D
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
ACCOUNTANT
36.19 6,272.63
75,271.53
38.00 6,586.26
79,035.11
39.90 6,915.57
82,986.86
41.89 7,261.35
87,136.19
43.99 7,624.42
91,493.01
ACCOUNTING MANAGER
52.81 9,152.99
109,835.93
55.45 9,610.64
115,327.74
58.22 10,091.18
121,094.13
61.13 10,595.74
127,148.82
64.19 11,125.52
133,506.27
ASSISTANT TO CA / ECONOMIC
DEVELOPMENT MANAGER
58.54 10,146.85
121,762.26
61.47 10,654.20
127,850.37
64.54 11,186.91
134,242.87
67.77 11,746.25
140,955.04
71.16 12,333.56
148,002.78
ASSOCIATE CIVIL ENGINEER
45.79 7,936.76
95,241.07
48.07 8,332.52
99,990.27
50.48 8,749.73
104,996.79
53.00 9,186.44
110,237.28
55.65 9,646.54
115,758.50
ASSOCIATE PLANNER
39.72 6,883.98
82,607.80
41.70 7,228.18
86,738.20
43.79 7,589.59
91,075.13
45.98 7,969.07
95,628.86
48.27 8,367.53
100,410.31
CHIEF BUILDING OFFICIAL
55.01 9,535.91
114,430.92
57.77 10,012.71
120,152.47
60.65 10,513.34
126,160.09
63.69 11,039.01
132,468.10
66.87 11,590.96
139,091.50
CHIEF DEPUTY CITY CLERK
44.88 7,779.09
93,349.04
47.12 8,168.04
98,016.49
49.48 8,576.44
102,917.31
51.95 9,005.26
108,063.17
54.55 9,455.53
113,466.33
CITY ENGINEER/DEPUTY
DIRECTOR OF PUBLIC WORKS
66.05 11,448.85
137,386.19
69.35 12,021.29
144,255.50
72.82 12,622.36
151,468.28
76.46 13,253.47
159,041.69
80.29 13,916.15
166,993.79
CODE ENFORCEMENT MANAGER
45.17 7,830.32
93,963.89
47.43 8,221.84
98,662.09
49.81 8,632.93
103,595.19
52.30 9,064.58
108,774.95
54.91 9,517.81
114,213.70
CODE ENFORCEMENT
SUPERVISOR
38.50 6,672.63
80,071.59
40.42 7,006.26
84,075.17
42.44 7,356.58
88,278.93
44.56 7,724.41
92,692.92
46.79 8,110.63
97,327.51
COMMUNICATIONS &
MARKETING MANAGER
45.17 7,830.32
93,963.89
47.43 8,221.84
98,662.09
49.81 8,632.93
103,595.19
52.30 9,064.58
108,774.95
54.91 9,517.81
114,213.70
COMMUNITY SERVICES
SUPERVISOR
38.50 6,672.63
80,071.59
40.42 7,006.26
84,075.17
42.44 7,356.58
88,278.93
44.56 7,724.41
92,692.92
46.79 8,110.63
97,327.51
CRIME ANALYST
38.50 6,672.63
80,071.59
40.42 7,006.26
84,075.17
42.44 7,356.58
88,278.93
44.56 7,724.41
92,692.87
46.79 8,110.63
97,327.51
DEPUTY CHIEF OF POLICE
86.15 14,933.07
179,196.80
90.46 15,679.72
188,156.63
94.98 16,463.71
197,564.47
99.73 17,286.89
207,442.69
104.72
18,151.23
217,814.82
DEPUTY CITY CLERK
35.08 6,080.10
72,961.23
36.83 6,384.11
76,609.28
38.67 6,703.31
80,439.73
40.61 7,038.48
84,461.71
42.64 7,390.40
88,684.83
DEPUTY DIRECTOR OF
ADMINISTRATIVE SERVICES
72.13 12,502.96
150,035.47
75.74 13,128.10
157,537.25
79.53 13,784.51
165,414.11
83.50 14,473.73
173,684.82
87.68 15,197.42
182,369.06
DEPUTY DIRECTOR OF
COMMUNITY SERVICES
50.55 8,761.57
105,138.85
53.07 9,199.65
110,395.78
55.73 9,659.63
115,915.58
58.52 10,142.61
121,711.35
61.44 10,649.74
127,796.92
DIGITAL MEDIA ANALYST
38.50 6,672.63
80,071.59
40.42 7,006.26
84,075.17
42.44 7,356.58
88,278.93
44.56 7,724.41
92,692.87
46.79 8,110.63
97,327.51
ECONOMIC DEVELOPMENT
MANAGER
45.17 7,830.32
93,963.89
47.43 8,221.84
98,662.09
49.81 8,632.93
103,595.19
52.30 9,064.58
108,774.95
54.91 9,517.81
114,213.70
FINANCE SERVICE MANAGER
52.81 9,152.99
109,835.94
55.45 9,610.64
115,327.74
58.22 10,091.18
121,094.12
61.13 10,595.74
127,148.83
64.19 11,125.52
133,506.27
FIRE DEPUTY CHIEF
72.13 12,502.96
150,035.47
75.74 13,128.10
157,537.25
79.53 13,784.51
165,414.11
83.50 14,473.73
173,684.82
87.68 15,197.42
182,369.06
FIRE MARSHAL
62.11 10,766.26
129,195.08
65.47 11,347.63
136,171.58
69.00 11,960.38
143,524.60
72.73 12,606.25
151,274.98
76.66 13,286.97
159,443.59
FIRE PREVENTION SPECIALIST
38.50 6,672.63
80,071.59
40.42 7,006.26
84,075.17
42.44 7,356.58
88,278.93
44.56 7,724.41
92,692.87
46.79 8,110.63
97,327.51
HUMAN RESOURCE ANALYST
38.50 6,672.63
80,071.59
40.42 7,006.26
84,075.17
42.44 7,356.58
88,278.93
44.56 7,724.41
92,692.87
46.79 8,110.63
97,327.51
HUMAN RESOURCES MANAGER
45.17 7,830.32
93,963.89
47.43 8,221.84
98,662.09
49.81 8,632.93
103,595.19
52.30 9,064.58
108,774.95
54.91 9,517.81
114,213.70
INFORMATION TECHNOLOGY
MANAGER
60.30 10,451.26
125,415.12
63.31 10,973.82
131,685.87
66.48 11,522.51
138,270.15
69.80 12,098.64
145,183.69
73.29 12,703.57
152,442.86
INFORMATION TECHNOLOGY
SPECIALIST
38.50 6,672.63
80,071.59
40.42 7,006.26
84,075.17
42.44 7,356.58
88,278.93
44.56 7,724.41
92,692.87
46.79 8,110.63
97,327.51
MANAGEMENT ANALYST
38.50 6,672.63
80,071.59
40.42 7,006.26
84,075.17
42.44 7,356.58
88,278.93
44.56 7,724.41
92,692.87
46.79 8,110.63
97,327.51
NEIGHBORHOOD SERVICES
MANAGER
45.17 7,830.32
93,963.89
47.43 8,221.84
98,662.09
49.81 8,632.93
103,595.19
52.30 9,064.58
108,774.95
54.91 9,517.81
114,213.70
PLANNING MANAGER
60.05 10,408.04
124,896.45
63.05 10,928.44
131,141.27
66.20 11,474.86
137,698.34
69.51 12,048.60
144,583.26
72.99 12,651.03
151,812.42
PLANS EXAMINER
44.50 7,712.81
92,553.72
46.72 8,098.45
97,181.43
49.06 8,503.37
102,040.48
51.51 8,928.54
107,142.50
54.09 9,374.97
112,499.62
PUBLIC SAFETY COMMUNICATION
MANAGER
60.30 10,451.26
125,415.12
63.31 10,973.82
131,685.87
66.48 11,522.51
138,270.15
69.80 12,098.64
145,183.69
73.29 12,703.57
152,442.86
REVISED: 1/30/2023
MID -MANAGEMENT
Effective July 1, 2024
JOB CLASS
STEP A
STEP B
STEP C
STEP D
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
PUBLIC WORKS MANAGER
60.05 10,408.04
124,896.45
63.05 10,928.44
131,141.27
66.20 11,474.86
137,698.34
69.51 12,048.60
144,583.26
72.99 12,651.03
151,812.42
PUBLIC WORKS SUPERINTENDENT
45.17 7,830.32
93,963.88
47.43 8,221.84
98,662.07
49.81 8,632.93
103,595.18
52.30 9,064.58
108,774.94
54.91 9,517.81
114,213.69
PUBLIC WORKS SUPERVISOR
36.19 6,272.63
75,271.51
38.00 6,586.26
79,035.09
39.90 6,915.57
82,986.85
41.89 7,261.35
87,136.18
43.99 7,624.42
91,492.99
RISK MANAGER
60.30 10,451.26
125,415.12
63.31 10,973.82
131,685.87
66.48 11,522.51
138,270.15
69.80 12,098.64
145,183.69
73.29 12,703.57
152,442.86
SENIOR ACCOUNTANT
44.50 7,712.81
92,553.72
46.72 8,098.45
97,181.43
49.06 8,503.37
102,040.48
51.51 8,928.54
107,142.50
54.09 9,374.97
112,499.62
SENIOR ACCOUNTANT II
50.55 8,761.57
105,138.86
53.07 9,199.65
110,395.81
55.73 9,659.63
115,915.59
58.52 10,142.61
121,711.37
61.44 10,649.74
127,796.93
SENIOR CIVIL ENGINEER
58.54 10,146.85
121,762.26
61.47 10,654.20
127,850.37
64.54 11,186.91
134,242.87
67.77 11,746.25
140,955.04
71.16 12,333.56
148,002.78
SENIOR FINANCIAL ANALYST
44.88 7,779.09
93,349.03
47.12 8,168.04
98,016.49
49.48 8,576.44
102,917.31
51.95 9,005.26
108,063.17
54.55 9,455.53
113,466.32
SENIOR HUMAN RESOURCE
ANALYST
44.88 7,779.09
93,349.03
47.12 8,168.04
98,016.49
49.48 8,576.44
102,917.31
51.95 9,005.26
108,063.17
54.55 9,455.53
113,466.32
SENIOR MANAGEMENT ANALYST
44.88 7,779.09
93,349.03
47.12 8,168.04
98,016.49
49.48 8,576.44
102,917.31
51.95 9,005.26
108,063.17
54.55 9,455.53
113,466.32
SENIOR PLANNER
50.55 8,761.57
105,138.85
53.07 9,199.65
110,395.78
55.73 9,659.63
115,915.58
58.52 10,142.61
121,711.35
61.44 10,649.74
127,796.92
TRAFFIC ENGINEER
55.01 9,535.91
114,430.91
57.77 10,012.70
120,152.45
60.65 10,513.34
126,160.09
63.69 11,039.01
132,468.11
66.87 11,590.96
139,091.51
TRANSPORTATION MANAGER
55.01 9,535.91
114,430.91
57.77 10,012.70
120,152.45
60.65 10,513.34
126,160.09
63.69 11,039.01
132,468.11
66.87 11,590.96
139,091.51
REVISED: 1/30/2023
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
EXECUTIVE MANAGEMENT
Effective July 1, 2023
JOB CLASS
STEP A
STEP B
STEP C
STEP 0
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
ASSISTANT CITY ADMINISTRATOR
82.22 14,251.86
171,022.33
86.33 14,964.45
179,573.45
90.65 15,712.68
188,552.12
95.18 16,498.31
197,979.72
99.94 17,323.23
207,878.72
CITY ADMINISTRATOR
102.14
17,704.91
212,458.94
109.29
18,944.26
227,331.07
114.76
19,891.47
238,697.63
118.78
20,587.67
247,052.05
139.60
24,197.11
290,365.29
DEPUTY CITY ADMINISTRATOR
97.54 16,907.49
202,889.92
102.42
17,752.87
213,034.42
107.54
18,640.51
223,686.13
112.92
19,572.54
234,870.45
118.56
20,551.16
246,613.96
DIRECTOR OF ADMINISTRATIVE SERVICES
78.34 13,578.52
162,942.26
82.25 14,257.45
171,089.35
86.37 14,970.32
179,643.8.4
90.69 15,718.84
188,626.03
95.22 16,504.78
198,057.33
DIRECTOR OF COMMUNITY SERVICE
78.34 13,578.52
162,942.26
82.25 14,257.45
171,089.35
86.37 14,970.32
179,643.84
90.69 15,718.84
188,626.03
95.22 16,504.78
198,057.33
DIRECTOR OF DEVELOPMENT SVCS
78.34 13,578.52
162,942.26
82.25 14,257.45
171,089.35
86.37 14,970.32
179,643.84
90.69 15,718.84
188,626.03
95.22 16,504.78
198,057.33
DIRECTOR OF FINANCE
78.34 13,578.52
162,942.26
82.25 14,257.45
171,089.35
86.37 14,970.32
179,643.84
90.69 15,718.84
188,626.03
95.22 16,504.78
198,057.33
DIRECTOR OF HUMAN RESOURCES
74.42 12,899.66
154,795.90
78.14 13,544.64
162,535.69
82.05 14,221.87
170,662.48
86.15 14,932.97
179,195.60
90.46 15,679.62
188,155.39
DIRECTOR OF PUBLIC WORKS
78.34 13,578.52
162,942.26
82.25 14,257.45
171,089.35
86.37 14,970.32
179,643.84
90.69 15,718.84
188,626.03
95.22 16,504.78
198,057.33
FIRE CHIEF
78.34 13,578.52
162,942.26
82.25 14,257.45
171,089.36
86.37 14,970.32
179,643.82
90.69 15,718.84
188,626.04
95.22 16,504.78
198,057.32
POLICE CHIEF
87.45 15,157.56
181,890.69
91.82 15,915.43
190,985.22
96.41 16,711.21
200,534.46
101.23
17,546.77
210,561.20
106.29
18,424.11
221,089.26
EXECUTIVE MANAGEMENT
Effective July 1, 2024
JOB CLASS
STEP A
STEP 8
STEP C
STEP D
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
ASSISTANT CITY ADMINISTRATOR
84.69 14,679.42
176,153.00
88.92 15,413.39
18.4,960.65
93.37 16,184.06
194,208.69
98.04 16,993.26
203,919.12
102.94
17,842.92
214,115.08
CITY ADMINISTRATOR
105.21
18,236.06
218,832.71
112.57
19,512.5S
234,151.00
118.20
20,488.21
245,858.56
122.34
21,205.30
254,463.61
143.79
24,923.02
299,076.24
DEPUTY CITY ADMINISTRATOR
100.47
17,414.72
208,976.62
105.49
18,285.45
219,425.45
110.77
19,199.73
230,396.72
116.31
20,159.71
241,916.56
122.12
21,167.70
254,012.38
DIRECTOR OF ADMINISTRATIVE SERVICES
80.69 13,985.88
167,830.53
84.72 14,685.17
176,222.03
88.96 15,419.43
185,033.15
93.41 16,190.40
194,284.81
98.08 16,999.92
203,999.05
DIRECTOR OF COMMUNITY SERVICE
80.69 13,985.88
167,830.53
84.72 14,685.17
176,222.03
88.96 15,419.43
185,033.15
93.41 16,190.40
194,284.81
98.08 16,999.92
203,999.05
DIRECTOR OF DEVELOPMENT SVCS
80.69 13,985.88
167,830.53
84.72 14,685.17
176,222.03
88.96 15,419.43
185,033.15
93.41 16,190.40
194,284.81
98.08 16,999.92
203,999.05
DIRECTOR OF FINANCE
80.69 13,985.88
167,830.53
84.72 14,685.17
176,222.03
88.96 15,419.43
185,033.15
93.41 16,190.40
194,284.81
98.08 16,999.92
203,999.05
DIRECTOR OF HUMAN RESOURCES
76.65 13,286.65
159,439.78
80.49 13,950.98
167,411.76
84.51 14,648.53
175,782.36
88.74 15,380.96
184,571,47
93.17 16,150.00
193,800.05
DIRECTOR OF PUBLIC WORKS
80.69 13,985.88
167,830.53
84.72 14,685.17
176,222.03
88.96 15,419.43
185,033.15
93.41 16,190.40
194,284.81
98.08 16,999.92
203,999.05
FIRE CHIEF
80.69 13,985.88
167,830.53
84.72 14,685.17
176,222.04
88.96 15,419.43
185,033.13
93.41 16,190.40
194,284.82
98.08 16,999.92
203,999.04
POLICE CHIEF
90.07 15,612.28
187,347.41
94.57 16,392.90
196,714.77
99.30 17,212.54
206,550.50
104.27
18,073.17
216,878.03
109.48
18,976.83
227,721.94
APPENDIX "B" - 1995 INSURANCE BENEFITS CHANGES
Section 3. Insurances
Tier I - Employees, hired prior to November 21, 1995.
The City shall make available single party and dependent medical, dental, optical, long-term disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council.
The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.
During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.
Upon service retirement, or ordinary disability retirement, the City shall continue to pay its normal contribution for medical, dental, optical, and life insurances for all eligible employees. These benefits shall be considered to be vested for employees hired prior to November 21, 1995. Retired employees receiving these insurances shall, if eligible enroll in, and pay for Medicare, Part B, at their earliest eligible date, as primary carrier. Employees retiring with industrial disability shall not be eligible for this benefit.
Tier II - Employees, hired on or after November 21, 1995.
The City shall make available single party and dependent medical, dental, optical, long-term disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council.
The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.
During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.
Upon service retirement, or ordinary disability retirement, Tier II employees shall have the option of participating in a post -retirement insurance benefit program at their own cost. Employees retiring for industrial disability shall not be eligible for this benefit.
APPENDIX "C"- CASUAL DRESS CODE
Each Department Head, with the approval of the City Administrator, has the discretion to develop a more comprehensive dress code appropriate for employees' department.
GENERAL GUIDELINES
The City of Placentia is a public service delivery organization. All employees should dress appropriately for this business environment and in keeping with employees' work assignment. Public image plays an important role in developing and maintaining support for the organization. To maintain the confidence and respect of the citizens and other customers, each employee must exercise professional judgment as they choose workplace attire.
Business Casual does not mean sloppy. Clothing should be clean, wrinkle free, and without holes and frayed areas. Uniformed employees are required to dress per department standards; all other employees may dress causal in accordance with the following guidelines:
• Neat, business casual attire.
• Casual slacks — no blue 'earls except on Thursday or Friday. • No T-shirts.
• Professional business attire will be required for meetings with outside agencies or night meetings.
• Please do NOT wear clothing with writing or messages, shorts, sandals for men or slippers for men or women.
• For Thursdays/Fridays ONLY blue jeans are acceptable.
City shirts are acceptable anytime.
Each employee's supervisor can make determinations as to the appropriateness of an employee's attire pursuant to this policy. If, in the opinion of the supervisor, an employee is not adhering to the intent of this policy, the supervisor will inform that person that he/she must dress in accordance with this policy. In severe cases, after consulting with the Department Head and the Human Resources Department, the supervisor may send the person home to change as directed.
In that event, time away from work will not be considered hours worked. An employee may use PTO time, compensatory, floating holiday, or administrative leave for such time away from work. This casual dress code will be adhered to unless it is superseded by a City Administrative Policy.
RESOLUTION NO. R-2023-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2023-24, via Resolution No. R-2023-42, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
Department
GL Account
Amount
Type
General Fund
Unrepresented
General Government
109595-5023
$151,451
Increase
General Fund
Manacement
General Government
109595-5023
$76,890
Increase
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED THIS 11th DAY OF JULY 2023.
Ward L. Smith, Mayor
Resolution R-2023-57
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 11th day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-57
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE JULY 11, 2023
PUBLIC HEARING AND TABULATION OF BALLOTS FOR ANNEXATION INTO COMMUNITY FACILITIES DISTRICT NO. 2014-01 (PUBLIC SERVICES CFD) (Continued from June 20, 2023 meeting)
FISCAL
IMPACT: ANNUAL REVENUE: $111,915.32 (550000-4505)
SUMMARY:
On February 18, 2014, the City Council adopted Resolution No. R-2014-10, establishing Community Facilities District No. ("CFD") 2014-01 ("Public Services CFD") to provide an ongoing sustainable funding source paid for by new developments to help fund the cost of public safety services. On March 4, 2014, the City Council adopted Ordinance No. 2014-03, authorizing the City Council to determine, by resolution, on or before August 1 of each year, the specific special tax to be levied on each parcel of land within the CFD. At that time, the City Council also, in the adoption of the territory map, approved the area designated as future annexation to the CFD. This item recommends that the City Council conduct a Public Hearing to annex territory to the CFD.
On May 16, 2023, the City Council adopted a Resolution of Intention and set a public hearing date for June 20, 2023 to annex territory to the CFD. The City Council opened the Public Hearing on June 20, 2023 and received a presentation from Staff at which time the Council voted to continue the public hearing to the regularly scheduled Council meeting of July 11, 2023.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Open the continued Public Hearing concerning the annexation of the JPI Cenza development project; and
2. Receive the Staff Report, consider all public testimony, ask questions of Staff; and
3. Conduct election for annexation of the JPI Cenza TOD Project Annexation to Community Facilities District No. 2014-01 (Public Services); and
4. Close the Public Hearing; and
2.a.
July 11, 2023
City Council Agenda
July 11, 2023
5. Adopt the Resolution No. R-2023-47, A Resolution of the City Council of the City of Placentia, California, Making Certain Findings, Certifying the Results of an Election and Ordering the Annexation of Territory (JPI Cenza TOD Annexation) to Community Facilities District No. 2014-01 (Public Services) and Approving the Amended Map for Said District.
STRATEGIC PLAN STATEMENT:
There is no specific Strategic Plan Goal or Objective associated with this Council action.
DISCUSSION:
In 1978, California voters enacted Proposition 13, which limited the ability of local public agencies to increase property taxes based on a property's assessed value. In 1982, the Mello -Roos Community Facilities Act of 1982 (Act) was created to provide an alternate method of financing public infrastructure and services. Under the Act, a CFD may fund public improvements with a useful life of five (5) years or more, such as park and recreational facilities, streets, sewer systems, schools, libraries, childcare facilities, and other basic infrastructure. CFDs may also fund the maintenance and servicing of public landscape areas, parks, streetlights, roads, storm drain systems, and police and fire services to maintain service levels.
In 2014, the City Council created CFD 2014-01 to provide a new revenue stream paid for by new residential developments to be used to help fund the cost of public safety services. This type of financing program, which is authorized under the Mello -Roos Community Facilities Act of 1982, envisioned the participation of all future additional new development projects, either by formation of new districts or annexation into the existing CFD.
As a condition of approval for the project, the JPI Transit -Oriented Development at 505 W.
Crowther Avenue was required to annex itself to CFD 2014-01. This project is currently under the final phase of construction and will need to be annexed into the CFD prior to receiving a Certificate of Occupancy. As part of the annexation process, the City Council adopted a Resolution of Intention (Resolution) on May 16, 2023. The Resolution set forth the terms and conditions for annexing territory into the CFD and included the rate and apportionment for the special tax to be levied and set June 20, 2023, at 7:00 p.m. as the date and time of the public hearing on the annexation. The City Council opened the Public Hearing on June 20, 2023 and received a presentation from Staff at which time the Council voted to continue the public hearing to the regularly scheduled Council meeting of July 11, 2023.
Since there are less than 12 registered voters in the territory proposed to be annexed, the election is a landowner vote of the property to be annexed into the district. As a result of the property being owned by the developer, only one vote is required to be tabulated. Tonight, in order to complete the annexation proceedings, the following actions are required:
• The Public Hearing is held on July 11, 2023, at approximately 7:00 p.m. • The election is held at approximately 7:00 PM on July 11, 2023, at which time the City Clerk opens the ballots, tallies the vote and announces the results of the election.
City Council Agenda
July 11, 2023
• The City Council adopts a Resolution Certifying the Election and Ordering the Annexation of Territory (JPI Annexation) to Community Facilities District No. 2014-01 (Public Services) and Approving the Amended Map for Said District (Attachment 1).
Staff is recommending the City Council for CFD No. 2014-01 to: (a) hold a public hearing; (b) assuming there is no majority protest at the public hearing, adopt the Resolution Certifying the Election and Ordering the Annexation of Territory (JPI Annexation) to Community Facilities District No. 2014-01 (Public Services) and Approving the Amended Map for Said District (Attachment 3); and (c) direct that a revised notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.
FISCAL IMPACT:
For the CFD tax to be applied to a parcel, either construction must be completed or a building permit for the development needs to be issued by the City by June 1 of the preceding fiscal year.
Currently, a total of 181 residential parcels have been annexed into CFD 2014-01 since its creation. For FY 2023-24, 181 parcels will be assessed at the adjusted special tax rate of $354.36 fora total of $64,139.16 in anticipated revenue. The addition of the new annexation into the special tax district will generate additional revenue as summarized in the table below.
Development
Number of Units
Annual Unit Rate
Total Annual
Revenue
JPI Luxury
Apartments
418
$267.74
$111,915.32
The City will levy assessments on this annexed property beginning FY 2023-24.
Prepared by:
Elsa Y. Robinson
Senior Management Analyst
Reviewed 'and pproved:
Luis Estevez \ Damien R. Arrula
Deputy City Administrator
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved:
City Administrator
City Council Agenda
July 11, 2023
Attachments:
1. Property Owner Petition
2. Resolution No. R-2023-47 — Annexation of Territory to CFD 2014-01
3. Amended Annexation Boundary Map
LANDOWNER PETITION
Requesting and Approving Annexation of Territory to
City of Placentia Community Facilities District No. 2014-01 (Public Services) To: THE HONORABLE CITY COUNCIL
ATTN: ROBERT S. MCKINNEL, CITY CLERK
401 E. CHAPMAN AVENUE
PLACENTIA, CALIFORNIA 92870
Members of the City Council:
This is a petition to institute proceedings to annex territory, namely the property identified and described at the end of this document to Community Facilities District No. 2014-01 and related matters pursuant to the Mello -Roos Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code) ("Act"). The undersigned ("Landowner") hereby petitions the City Council of the City of Placentia ("City") as follows:
1. Landowner certifies that it is the record owner of those certain lots and parcels ("Property"), which Property is more specifically identified and legally described in Exhibit "A" attached hereto and incorporated herein by reference. Landowner warrants to the City that it is such owner, or is a legally authorized representative of such owner, and that such ownership constitutes ownership of more than 10% of the Property.
2. Landowner recognizes that the Property is located within the "future annexation area" of City of Placentia Community Facilities District No. 2014-01 (Public Safety Services) ("District"), as shown on the Boundary Map entitled "Map of Proposed Boundaries of City of Placentia Future Annexation Area of Community Facilities District No. 2014-01 (Public Services)" ("Map"). The Map is recorded in the records of the Orange County Recorder at Book 94 of Maps of Assessment and Community Facilities Districts at page 47.
3. Landowner requests that the City Council undertake proceedings under the Act to annex the Property the District and to levy special taxes on the Property to finance all or a part of the public services set forth in Section 5 below. Landowner approves the annexation of the Property to the District.
4. This Petition asks that the territory to be included in the boundaries of the annexation to the District consisting of that shown on a map of the proposed boundaries for the annexation of the Property filed with the City Clerk of the City and which map is attached hereto as Exhibit "B" and hereby made a part of this Petition.
5. Landowner acknowledges receipt of the Rate and Method of Apportionment for the District entitled "RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX" ("RMA"), attached as Exhibit "C" hereto and is hereby made a part of this Petition, and that it has reviewed and preliminarily approves the RMA. Landowner further acknowledges that, upon 1 Landowner Petition
CFD No. 2014-01
annexation, the Property will be subject to an annual special tax to fund the following services, as well as the incidental expenses of administration of the District as follows:
Public Safety Services: Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District.
6. Landowner asks that the special election to be held under the Act to authorize the special taxes and to establish any appropriations limits for the annexation of the Property be conducted by the City and its officials, using a mailed or hand -delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing on annexation to the District under the Act or as coon thereafter as possible.
7. To expedite the completion of the proceedings for annexation of the Property, the Landowner waives all notices of hearing and all published notices regarding the establishment of the District, notices of election, applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by Landowner that all such notices are for the benefit of Landowner and may be waived. Landowner agrees to timely complete and return a consent and waiver to be provided to Landowner by the City in order to expedite such proceedings. Landowner further hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and not step or action in any proceeding relative to the CFD or the special election shall be invalidated or affected by any such irregularity, error, mistake or departure.
8. Landowner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City for the annexation into the District, shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by Landowner for the Property, including any "due -on -encumbrance" clauses under any existing security instruments secured by the Property. If requested by the City, Landowner agrees, at its expense, to supply to the City current title evidence so that the City may supply any notice and ballot required under the Act for the annexation to the District.
9. Landowner agrees to cooperate with the City, its attorneys and consultants, and provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.
10. Landowner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions of this Petition, including any amount of cash deposit required to pay for the City's costs in annexing the Property to the District.
Landowner Petition
CFD No. 2014-01
11. Landowner acknowledges that, pursuant to Section 53339.7(a) of the Mello -Roos Act, as a consequence of the consent and approval given by it in this Petition, the City Council of the City may annex the Property to the District without any further public hearings or elections.
By executing this Petition, Landowner agrees to all of the above.
The full and complete legal name of the undersigned is as follows:
The undersigned certifies under penalty of perjury under the laws of the State of California that it is authorized to execute this petition and that the foregoing is true and correct:
Owner Name:
By:
Its:
Date:
[Printed]
[Signature]
[Printed Name of Signer]
[Title]
[Date]
Landowner Petition
CFD No. 2014-01
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING ALL THOSE CERTAIN PARCELS OF LAND DESCRIBED IN GRANT DEEDS RECORDED MARCH 13, 2019 AS INSTRUMENT NOS. 2019000078419, 2019000078422, 2019000078421, 2019000078420, AND 2019000078415, ALL OF OFFICIAL RECORDS OF
SAID COUNTY, ALL LYING WITHIN THAT PORTION OF LOT SEVEN IN BLOCK C
OF THE KRAEMER TRACT, AS SHOWN ON A MAP OF SURVEY MADE BY GEORGE C. KNOX IN AUGUST, 1882, AS PER MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH ALL OF LOT 10 AND THAT PORTION OF LOT 11 OF TRACT NO. 35, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 32, MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, SAID PARCELS AS A WHOLE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID INSTRUMENT NO. 2019000078419, SAID CORNER ALSO BEING ON THE SOUTHERLY LINE OF SAID
LOT SEVEN AND THE CENTERLINE OF CROWTHER AVENUE AS PER RECORD OF SURVEY FILED IN BOOK 25 PAGE 38, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE PARALLEL TO THE EAST LINE OF SAID LOT SEVEN AND ALONG THE WESTERLY LINE OF SAID INSTRUMENT, NORTH 14'42'10" EAST, 480.73 FEET TO THE SOUTH LINE OF A STRIP OF LAND 10.00 FEET IN WIDTH, CONVEYED TO
THE CALIFORNIA, ARIZONA AND SANTA FE RAILWAY COMPANY BY A DEED FILED OCTOBER 3RD, 1951, AS DOCUMENT NO. 24150, IN THE OFFICE OF THE
REGISTRAR OF TITLES OF SAID ORANGE COUNTY, ALSO SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG SAID SOUTH LINE AND RECORD OF SURVEY, NORTH 81'35'34" EAST, 372.13 FEET TO THE WESTERLY LINE OF PARCEL 1 OF SAID INSTRUMENT NO. 2019000078415;
THENCE ALONG SAID WESTERLY LINE, NORTH 14'42'10" EAST, 7.40 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 75'27'50" EAST, 109.00 FEET TO THE EASTERLY LINE OF SAID LOT SEVEN, ALSO BEING THE WESTERLY LINE OF SAID LOT 10;
THENCE ALONG THE WESTERLY, NORTHERLY, EASTERLY, AND SOUTHERLY LINES OF SAID LOT 10, THE
FOLLOWING FOUR (4) COURSES:
1) NORTH 14'42'10" EAST, 22.48 FEET;
Landowner Petition
CFD No. 2014-01
2) NORTH 81 '35'34" EAST, 224.59 FEET;
3) SOUTH 08'24'26" EAST, 80.00 FEET;
4) SOUTH 81'35'34" WEST, 199.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 11;
THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EAST LINE OF SAID LOT 11 TO THE MOST SOUTHERLY LINE OF PARCEL 3 OF SAID INSTRUMENT NO. 2019000078415, SOUTH 08'24'26" EAST, 28.64 FEET;
THENCE ALONG SAID MOST SOUTHERLY LINE SOUTH 82'56'04" WEST, 71.26 FEET TO THE WESTERLY LINE OF SAID LOT 11, ALSO BEING THE EASTERLY LINE OF SAID LOT SEVEN;
THENCE ALONG SAID EASTERLY LINE OF LOT SEVEN, SOUTH 14.42'10" WEST, 273.55 FEET TO THE SOUTHEAST CORNER OF SAID LOT SEVEN;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT SEVEN AND CENTERLINE OF CROWTHER AVENUE, SOUTH 74'04'40" WEST, 524.41 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 5.04 ACRES, MORE OR LESS.
Assessor's Parcel Number: 339-431-02, 339-431-03, 339-431-04, 339-431-05, 339-431-06, 339-401-08, & 339-401-09
Landowner Petition
CFD No. 2014-01
EXHIBIT "B"
Property Annexation Map to
Community Facilities District No. 2014-01
(Public Safety Services)
The following map shows the extent of the proposed annexation.
Exhibit "B"
Annexation Boundaries
7 EXHIBIT "C"
Rate and Method of Apportionment
8 RESOLUTION NO. R-2023-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, MAKING CERTAIN FINDINGS,
CERTIFYING THE RESULTS OF AN ELECTION AND
ORDERING THE ANNEXATION OF TERRITORY (JPI
ANNEXATION) TO COMMUNITY FACILITIES DISTRICT
NO. 2014-01 (PUBLIC SERVICES) AND APPROVING THE
AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014-10, the City Council established the City's Community Facilities District No. 2014-01 (Public Services) ("District") pursuant to the Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) ("Act"); and
WHEREAS, by its Ordinance No. O-2014-03, the City Council levied an annual special tax against all non-exempt parcels of real property within the District ("Special Tax") to fund public safety services; and
WHEREAS, by its Resolution No. R-2014-04, the City Council designated all territory within the City of Placentia to be a Future Annexation Area for the District; and WHEREAS, pursuant to Resolution No. R-2014-04 territory located within the Future Annexation Area may be annexed to the District upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings; and
WHEREAS, the landowner of Assessor's Parcel Numbers 339-431-02, 339-431- 03, 339-431-04, 339-431-05, 339-431-06, 339-401-08, & 339-401-09 has submitted to the City a petition requesting, approving, and unanimously consenting to the annexation of those parcels (collectively the "Annexed Area") to the District; and WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of the Annexed Area for each of the ninety days (90) preceding June 20, 2023, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the landowners of such area as such term is defined by Government Code Section 53317(f) and each such landowner who is the owner of record as of June 20, 2023, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he, she or it owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area in that the landowners have submitted to the City a petition requesting, approving and unanimously consenting to the annexation of the Annexed Area to the District; and
WHEREAS, the City Clerk of the City of Placentia has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, at this time the measure voted upon and such measures did receive favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and
WHEREAS, a boundary map entitled "Amended Map of Community Facilities District No. 2014-01, JPI Annexation, of the City of Placentia, County of Orange, State of California", showing the extent of the proposed annexation, is included as Exhibit "B" to this Resolution and incorporated herein by reference ("Boundary Map") and a list of Assessor Parcel Numbers and landowners, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference, has been submitted to the City Council; and WHEREAS, the City Council desires to annex the Annexed Area to the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
2. Findings. This City Council does hereby determine as follows:
A. The unanimous consent to the annexation of the Annexed Area to the District has been given by all of the landowners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk.
B. There has not been at least twelve (12) registered voters residing within the territory of the Annexed Area for each of the ninety (90) days preceding June 20, 2023, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f).
C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to the District.
3. Annexed Area. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized services are shown on the Boundary Map as submitted to and hereby approved by this City Council.
4. Annexation Ordered. The City Council does hereby determine and declare that the Annexed Area is hereby added to and part of the District with full legal effect. The City Council, acting as the City Council of the District, is empowered to levy the authorized special tax with the Annexed Area and as such the Annexed Area is hereby subject to the special tax levied in connection with the District.
5. Description of Services. The following is a general description of the services provided in the District:
Public Safety Services: Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District.
It is the intention of the City Council to finance all direct, administrative and incidental annual costs and expenses necessary to provide the authorized maintenance and services.
6. Amended Boundary Map. The Boundary Map attached hereto as Exhibit "A" is hereby approved. This map amends, and does not supersede, the existing maps of the District. The City Council directs that said map be filed with the Orange County Recorder pursuant to Section 3113 of the Streets and Highways Code.
7. Notice of Special Tax Lien. The City Council directs that a revised notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexed Area associated with the Boundary Map.
8. Severability. That should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this resolution as hereby adopted shall remain in full force and effect.
9. This Resolution shall be effective immediately upon adoption.
10. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
ADOPTED AND APPROVED this 11th day of July 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 11th day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
EXHIBIT "A"
Ballot
EXHIBIT "B"
Amended Map of Community Facilities District No. 2014-01 JPI Annexation
EXHIBIT "C"
List of Assessor's Parcel Numbers
List of Properties to be Annexed
APN(s)
Landowner(s)
339-431-02
339-431-03
339-431-04
339-431-05
339-431-06
339-401-08
339-401-09
CITY OF PLACENTIA
Community Facilities District No. 2014-01
(Public Services)
JPI Annexation
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed postage -paid envelope to the office of the City of Placentia City Clerk no later than 7:00 p.m. on June 20, 2023, either by mail or in person. The office of the City Clerk is located at 401 East Chapman Avenue, Placentia, CA 92870.
To Vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk for the City of Placentia and obtain another.
BALLOT MEASURE: Shall special taxes be levied
annually on taxable property within the City of Placentia (City") Community Facilities District No. 2014-01
(Public Services), County of Orange, State of California, to pay for the cost of services described in Exhibit "A" to Resolution No. R-2014-04 adopted by the City Council
on February 18, 2014, and to pay expenses incidental
thereto and to levy the collection of the special taxes, at the special tax rates and pursuant to the method of
apportioning the special taxes set forth in Exhibit "B" to Resolution No. R-2014-04.
YES:
NO:
By execution in the space provided below, I hereby declare under penalty of perjury that the voter listed below is the owner of record or authorized representative of the landowner entitled to vote this ballot. I also confirm the waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes:
Property Owner:
c/o:
Attention:
Address:
By:
Signature:
Title:
AMENDED MAP OF
COMMUNITY FACILITIES DISTRICT NO. 2014-01
(PUBLIC SERVICES)
JPI ANNEXATION
CITY OF PLACENTIA
COUNTY OF ORANGE
STATE OF CALIFORNIA
0•
V
Un
h
0 z
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PLACENTIA, THIS DAY OF , 2023
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF the JPI ANNEXATION jOF
COMMUNITY FACILITIES DISTRICT NO. 2014-01 (PUBLIC SERVICES), CITY OF PLACENTIA,
COUNTY OF ORANGE,
STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
PLACENTIA AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF , 2023, BY ITS RESOLUTION NO.
CITY OF PLACENTIA
CITY CLERK
FILED THIS DAY OF , 2023 AT THE HOUR OF
O'CLOCK IN BOOK
PAGE OF MAPS OF ASSESSMENT AND COMMUNITY FACLITIES DISTRICTS AND AS INSTRUMENT NO. , AT THE REQUEST OF THE CITY OF PLACENTIA IN THE
OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA.
BY DEPUTY
COUNTY RECORDER/CLERK COUNTY OF ORANGE
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL
BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE ORANGE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS SHOWN.
THE ORANGE COUNTY ASSESSOR'S MAP SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.
JPI Annexation
339-431-02
339-431-03
339-431-04
339-431-05
339-431-06
339-401-08
339-401-09
339-091-29
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: JULY 11, 2023
SUBJECT: STUDY SESSION: PLACENTIA PUBLIC SAFETY CENTER UPDATE AND
FUNDING OPTIONS
FISCAL
IMPACT: EXPENSE: $9.7 to $10.7 MILLION BOND DEPENDING ON SELECTED FINANCING STRUCTURE ($20.6 Million Project Total)
REVENUE: LEASE REVENUE BOND, RESERVES, MOTOROLA FINANCING SUMMARY:
On March 1, 2022, the City Council selected a preferred project alternative for the proposed Placentia Public Safety Center and directed Staff to complete the architectural and engineering design for the project. Staff returned to the City Council on September 6, 2022, with a proposed financing structure to pay for the project, estimated at the time to be $11.4 million. The bids received for all project phases and expenses exceeded the initial cost estimate and as a result Staff has identified two (2) new potential financing structures for the City Council's consideration.
Both options involve bond financing for a portion of the project cost as well as Motorola financing, which the City already pays for. Staff recommends the City Council select Option 1 as it provides for the largest long-term General Fund cost savings to the City. Should the City Council approve this option, Staff will return to the City Council on July 25, 2023, with the construction contract for Phase 2 of the project which entails construction of the main building and a lease revenue bond financing package for the Council's consideration and approval to authorize a bond sale.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Receive and file the presentation; and
2. Select Option 1 as the preferred financing structure option for a not -to -exceed total bond issue proceed of $10 million and a maximum interest rate of 5.5%; and
3. Should the City Council elect to construct the balance of the facility, direct Staff and the Bond Financing Team to structure Lease Revenue Bonds to finance a portion of the project cost; and
3.a.
July 11, 2023
City Council Agenda
July 11, 2023
4. Direct Staff to return to the City Council with the Phase 2 construction contract for its consideration and approval and bond documents to authorize the bond sale.
STRATEGIC PLANNING STATEMENT
This agenda item conforms to Strategic Planning Goal and Objective 5.4, Construct the Placentia Public Safety Center.
DISCUSSION:
On March 1, 2022, the City Council selected a final preferred project that entails the construction of a two-story, 18,805 square foot building with a ground -level indoor shooting range and an engineered prefabricated Butler Building to house property and evidence collected by the Placentia Police Department. In addition, a new emergency communications center will be constructed on the second floor of the building. The building will also include a training/conference and emergency operations center, staff office space, and outdoor storage units for City departments. The original project cost was estimated to be $11,417,165. The cost is now estimated at $21,616,963 based upon bids received for construction, upfitting and IT equipment.
This cost estimate includes a 15% contingency to cover any change order work for Phase II construction as well as the Butler Building and tenant improvements, IT equipment purchases and moving costs. On September 6, 2022, the City Council selected a preferred project financing package and directed Staff to complete the final architectural and engineering documents and proceed with the project. The project has been split into separate project phases to allow the construction of the property and evidence engineered Butler Building to proceed ahead of the main building as the City's lease for its current property and evidence storage facility expires on December 31, 2023. Since the bids received for both project phases along with other project related expenses exceeded initial cost estimates, Staff is presenting a new project financing package based upon all final bids/costs received.
Project Value Engineering, Cost Controls and Procurement Process As part of the design process, the design team sought out options to reduce project costs without having to reduce the size of the building or eliminate amenities. The single largest cost savings achieved was using a steel engineered Butler Building for the evidence and property storage component of the facility. Using this type of prefabricated building saved approximately $1.7 million dollars as opposed to constructing the building using traditional methods and materials. Additionally, the City opted to purchase the Butler Building and shooting range equipment direct from the manufacturers via Statewide leveraged procurement agreements which saved on contractor mark up costs and allowed these long lead items to be placed into production sooner.
The full cost for all the 911 communication radios, equipment and related information technology equipment was not fully available at the time the project financing package was first presented to the City Council. There were extensive delays in obtaining the necessary information from both Motorola and the California Office of Emergency Management (CatOES) and once received, the costs far exceeded initial estimates. Some of these costs would be incurred by the City regardless of whether it was going to build a new emergency communications center since the City's existing
City Council Agenda
July 11, 2023
system is overdue for the 911 Next Gen Upgrade. Increasing the number of dispatch consoles also increased the City's costs as the grant funding available from CaIOES does not cover the extra equipment being utilized in the new build. Additionally, after consulting the City's auditors, Staff determined that funds generated by the sale of a residential property to the City's Affordable Housing Authority from the General Fund cannot be used at this time to help fund the cost of this project without going through a formal escrow process. Additional funds from the City's reserves will be needed to cover this amount until that formal process can be completed, and the reserve fund reimbursed.
The lease on the City's current property and evidence storage facility expires on December 31, 2023, and the City has negotiated a 3 -month extension through March 31, 2024. Given this deadline to vacate the building and transition into a new facility, the project has been broken down into phases. In addition, contractors were prequalified prior to submitting bids to ensure that only qualified contractors experienced in building critical facilities submitted bids on this project. Each project phase was bid twice for various reasons but that also served to ensure that the City maximized value and to fully test the marketplace to the greatest extent possible. In all instances, the bid spreads across the various phases were tight, indicating that the contracting community generally viewed the cost of the work the same way. Some contractors lowered their bids on the second attempt while others raised their prices. In other instances, contractors opted not to participate in a second round of bidding. Through this analysis Staff has determined that the bid results are indicative of true market pricing in this current high inflationary environment.
Project Financing Elements
The financing package outlines various sources of funding which include delaying the construction the construction portion of the HVAC/solar retrofit and new roof project for City Hall and the Police Station and using those project funds instead towards the public safety building. This project would have been delayed regardless as the City is undertaking a separate but coordinated project to renovate areas of City Hall and the Police Station to create new offices, workspaces as well as construct new employee restrooms and amenities. Preliminary architectural and engineering design work for the City Hall/Police Station Modernization Project is set to begin soon and the construction drawings for the new and improved spaces will need to be closely coordinated with the HVAC design and construction documents.
The cost of the 911/dispatch, radios, and related IT equipment needed for the project has grown considerably since the start of project design process. Therefore, in an attempt to offset costs, the City submitted and tentatively secured a project funding earmark from Congresswoman Steele's Office in the amount of $2.6 million to cover the cost of this much needed equipment. While Congresswoman Steele has submitted and sponsored the City's project for funding, this earmark is still subject to final Congressional approval. It is important to note that while the City's earmark request has advanced to a stage wherein prior years funding requests were ultimately approved, there is still no guarantee that the Federal government will fund this request. Therefore, should the City not be successful in securing these funds, additional unrestricted fund balance reserves are anticipated to be allocated toward the project.
In addition, Asset Forfeiture funds are proposed to be allocated towards this project which is an allowable use for those funds. The City has been allocated a total of $1,147,178 in Asset Forfeiture
City Council Agenda
July 11, 2023
Funds and Staff and the Police Chief propose to allocate a total of $1 million towards this project.
Lastly, the City has been allocated a total of $250,000 from the California Office of Emergency Management Services to use towards the cost of the Next Gen 911 dispatch upgrade costs. This City will need to front -load these costs and obtain reimbursement from the State once the project is complete.
Public safety radios and dispatch communication equipment is considered critical infrastructure needed to provide essential services. The equipment typically has a 10 -year lifespan as Motorola is continually upgrading and improving its technology and routinely stops supporting older technology. Given the large capital expense for this equipment, Motorola allows agencies to finance those purchases, typically over a 10 -year span. The City is currently financing Motorola equipment at an annual cost of $167,470. The proposed new 911 communications center will be utilizing Motorola equipment and the City is able to finance the purchase of this radio equipment as well for 10 years at an annual cost of $151,622. This portion of the project -related technology costs would essentially be an extension of existing General Fund annual operating costs with a slight reduction in annual operating costs.
Staff has identified two (2) new potential financing structures for the City Council's consideration.
Both options include a combination of reserve funds, capital project funds, asset forfeiture, and funds from a legal settlement to provide a down payment towards the cost of the project while issuing a lease revenue bond to cover the balance of the project cost. Staffs goal has been to utilize reserves or cash on hand to pay for as much of the project as possible while minimizing the amount of debt needed to complete the project.
Option 1
Source of Funds
Total
Unrestricted Fund Balance Reserves
FY 2022-23 CIP Budget
$3,000,000
Unrestricted Fund Balance Reserves
FY 2023-24 CIP Budget
$1,000,000
Federal Earmark OR Unrestricted Fund
Balance Reserve
$2,600,000
Delay City Hall/PD HVAC Project (CIP Fund)
$2,650,000
Asset Forfeiture
$1,000,000
Legal Settlement
$630,000
CalOES Grant Next Gen 911 Upgrade
$250,000
Total Down Payment (City Funds)
$11,130,000
Motorola Financing (Dispatch radio
equipment;
$1,197,159
Total Construction Fund Bond Amount
$9,289,804
Total Project Budget
$21,616,963
City Council Agenda
July 11, 2023
Option 2
Source of Funds
Total
Unrestricted Fund Balance Reserves
FY 2022-23 CIP Budget
$3,000,000
Unrestricted Fund Balance Reserves
FY 2023-24 CIP Budget
$0
Federal Earmark OR Unrestricted Fund
Balance Reserves
$2,600,000
Delay City Hall/PD HVAC Project (CIP Fund)
$2,650,000
Asset Forfeiture
$1,000,000
Legal Settlement
$630,000
CaIOES Grant Next Gen 911 Upgrade
$250,000
Total Down Payment (City Funds)
$10,130,000
Motorola Financing (Dispatch radio
equipment)
$1,197,159
Grand Total Construction Fund Bond
Amount
$10,289,804
Grand Total Project Budget
$21,616,963
ALTERNATIVE OPTIONS
Staff has identified two (2) alternative options the City Council could consider in lieu of Staff's recommendation. The two options along with pros and cons for each are noted below:
Alternative 1
The City Council can elect to not move forward with the construction of the main building and shooting range. The City has sufficient funding to complete the property and evidence storage facility along with the necessary interior tenant improvements without issuing bond debt. The pros to this alternative are that is saves the City a considerable amount of money both in terms of reducing the amount of cash funding needed from the City's reserves as well as eliminating bond and interest debt payments the City will incur over 30 years.
The cons to this alternative include the loss of a potential Federal earmark totaling $2.6 million for the planned 911 Next Gen upgrade. The City still needs to upgrade its 911 system and costs will be incurred to do so regardless of if it builds a new center or keeps the existing one in service.
Additionally, eliminating the shooting range will result in lost revenue from surrounding police agencies who are hoping to utilize Placentia's range for training purposes, as well as impact City law enforcement operations and overtime costs associated with sending police personnel offsite for routine range qualifications. Lastly, eliminating the main building from the project will result in the loss of much needed office space for expanded City operations and personnel.
City Council Agenda
July 11, 2023
Alternative 2
The City Council can elect to delay moving forward with construction of the main building and shooting range to next year or the year after in the hopes of rebidding the project under more favorable construction cost conditions. The pro to this approach is that the City could potentially secure bid pricing that yields a project cost savings. The con to this approach is that the City would lose a potential Federal earmark of $2.6 million for the radio and IT costs associated with a new communications center as outlined above in Alternative 1. In addition, it is unknown where interest rates for the bond market may land 1-2 years from now and if they trend higher than current rates higher borrowing costs will offset any potential decrease in construction costs.
Additionally, it is unlikely that construction costs will decrease in a meaningful way over the next 1-2 years. In reviewing construction cost analyses and indices produced by Swinerton and Currie & Brown, experts are forecasting construction cost increases to slow or flatten in some areas and continue to increase albeit at a slower pace than the past two years in other areas. In their Q2 2023 report, Currie & Brown report that while steel costs appear to be normalizing, they remain 50% higher than pre-COVID costs, and continued shortages in skilled labor, particularly mechanical and electrical will continue to keep construction costs high. The U.S. construction market is still robust and supporting numerous mega projects such as airports, stadiums, manufacturing, and infrastructure projects. The Inflation Reduction Act and the Infrastructure Investment Act are both directing more than $2 trillion dollars of new Federal spending on infrastructure projects which will help to keep construction costs elevated. Based upon this data, it is unlikely that short of a deep national recession, construction costs will come down to a meaningful level to offset any potential increases in borrowing costs and thereby not result in a significant overall project cost savings to the City.
FISCAL IMPACT:
The total cost to finance a portion of the project amount depends on the financing structure selected which ranges from $9.7 million to $10.7 million as noted in the table below:
Option
Construction
Fund Gap
Estimated
Costs of
Issuance*
Estimated Total
Bond Issue
Proceeds
Estimated
Average
Annual Debt
Service
Total Principal
and Interest (30
years)
1 $9,289,804
$447,848
$9,737,652
$581,342
$17,690,872
2 $10,289,804
$467,873
$10,757,677
$641,221
$19,546,647
*Includes underwriting, legal, consulting fees, and municipal bond insurance and reserve policy premiums.
Staff recommends Option 1 for a not -to -exceed total bond issue of $10 million at a not -to -exceed interest rate of 5.5%.
City Council Agenda
July 11, 2023
Preparecr6y:,
Luis Estevez \`
Deputy City Administrator
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachment:
Powerpoint Presentation
Reviewed and approved:
Jennifer Lampman
Director of Finance
PLACENTIA
Rich Heritage, Bright Future
Study Session: Placentia Public
Safety Center Uadate and
..
Funding Options
July 11, 2023
Project Timeline
• March 1, 2022: City Council reviews 35% engineering design, selects final project package, and directs staff to complete design of new facility • September 6, 2022: City Council approves funding package and schedule • November 15, 2022: Council approves contract for shooting range equipment • December 6, 2022: City Council approves contract for steel Butler Building and rejects and authorizes new bids for Phase I construction • January 10, 2023: City Council approves construction contract for Phase I • March 7, 2023: Council rejects & authorizes new bids for Phase II construction • June 23, 2023: Phase I construction substantially complete • July 11, 2023: City Council presented with updated project financing package and construction contract for Butler Building TI
• July 25, 2023: Phase 2 construction contract and bond sale presented to Council
• March 2024: Complete Butler Building
• July 2024: Complete Phase 2 Main Building Construction *****
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City Council
Approved
Project
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4,340 SF CMU First Floor
6,620 SF CMU Second Floor
5,265 SF Butler Building
2,560 SF CMU Gun Range
18,805 SF Total
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BUTLER STEEL
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Project Cost Increase Matrix
Item
Original Project Cost
Estimate Submitted to
Council 9/6/22
Known Costs June 2023
Narrative
CM/Inspection
$ 185,000
$ 448,000
$185k originally based on Butler Building Project only, weather delays order work on Phase I required extended working days.
and change
Geotech
$ 54,000
$ 100,000
Weather impacts to project site during Phase I construction resulted grading work, soil and compaction analysis.
in added
Phase 1 Construction
Contract
$ 800,000
$ 1,769,921
Market conditions. Phase I was bid and re -bid a second time using prequalified bidders. Retaining wall required for project. Phase I work complete and cost reflects final change order amount.
Phase 2 Construction
Contract (Butler Interior TI
and Main Building)
$ 7,960,121
$ 11,534,000
Market conditions. Butler TI improvements separated and bid twice, Main Building was bid twice, with two separate pre -qualification rounds. Final building size grew by 70 SF.
Butler Building Cost
$ 888,317
$ 973,619
Final cost for building increased slightly after work scope finalized with manufacturer. Cost includes change order for steel staircase to mezzanine as required by Building Official.
Gun Range Equipment
$ 270,000
$ 709,350
HVAC costs for range included in main building budget and final cost for increased after work scope finalized with manufacturer. equipment
IT & Comm Center
$ 324,779
$ 2,659,036
Completion of full scope of work for IT and 911 center delayed by Motorola and CaIOES. New 911 center utilizes more consoles which required expanded server and switch capacity and is not fully covered by CaIOES as part of Next 911 upgrade.
Upgrade to new system is required regardless if new communications center is built.
Furniture
$ 100,498
$ 76,018
Final furniture cost reduced
Evidence Storage Units
$ 40,000
$ 360,325
City's matching grant cost share for units double than originally anticipated additional shelving/storage units not included in original project budget. and
Utilities
$ 225,000
SCE, GSWC, Spectrum, Charter costs not included in original estimate due in obtaining final design.
to delays
Temp Generator Fuel
$ 50,000
Power to City Yard and CNG station taken offline during Phase I construction requiring temporary generators.
Architect
$ 550,515
Architect/engineering costs paid for separately, not included in project bond.
Misc. Expenses
$ 37,869
Sub -total
$ 10,622,715
$ 19,493,653
Construction Contingency
$ 794,450
$ 2,123,310
Project contingency cost increased to 15% to cover design or field adjustments during construction, unknown conditions, City -directed extra work, unanticipated increases to IT or radio equipment costs.
Totals
$ 11,417,165
$ 21,616,963
Overall Project Cost Increase: $10,199,798
Construction Cost Forecasts
Swinerton Q1 2023 Market Analysis
• Building Cost Index: 7.1% annual inflation rate
• Construction Cost Index: 3.9% annual inflation rate
"Despite high inflation U.S. economy remains strong and $2 trillion in new Federal spending on infrastructure will keep demand strong for construction services."
Currie & Brown Q2 2023 Market Analysis
• Construction Cost Index (San Francisco Region): 5% annual inflation
"Steel costs normalizing but still 50% higher than pre -pandemic.
U.S. construction market supporting numerous mega projects, mechanical and electrical labor still in short supply."
Project Phasing and Bid/Procurement Process
• Project phased due to time constraints on lease expiration on current facility • Value -engineered prefabricated steel evidence storage building delivered as stand-alone project - $1.7 million project savings
• Contractor prequalification process utilized
• Butler Building and shooting range equipment purchased direct by City • Project Procurement:
Construction Contract #1 - Phase I Construction: Site demolition and grading, Butler Building foundation, retaining wall, storm drain and infiltration system, utilities.
Construction Contract #2 — Butler Tenant Improvements: All interior building improvements, finishes, concrete and masonry vaults, lighting, HVAC, plumbing, electrical system and main facility electrical service, fire suppression system, building access controls, security cameras.
Construction Contract #3 — Phase II Construction: Main building, shooting range, final site improvements.
IT/Comm. Equipment Contract #1 — Master purchase agreement and loan with Motorola for radio communications.
IT/Comm. Equipment Contract #2 — Master purchase agreement for servers, switches, computers, monitors and related IT equipment.
Bid Results
Phase I Bid Results — First solicitation from eight (8) prequalified contractors Contractor
Bid Amount
TTS Engineering, Inc.
Facility Builders & Erectors
Caliagua, Inc.
Legion Contractors, Inc.
Sully -Miller Contracting Company
$580,000
$1,513,748
$1,574,823
$1,686,000
$2,061,000
Phase I Bid Results — Second solicitation from five (5) prequalified contractors ontrac
moun
TTS Engineering, Inc.
Legion Contractors, Inc.,
Caliagua, Inc.
Facility Builder and
Erectors
Sully -Miller Contracting
Corn • an
$1,324,000 +43%
$1,467,000
-3%
$1,630,760
+3.5%
$1,647,292
+8.8%
$2,385,000 +15%
Bid Results, Cont.
Phase II Bid Results — First solicitation from three (3) prequalified contractors:
Contractor
P.H. Hagopian Contractor, Inc.
Bernards Bros., Inc.
$11,653,000
$11,693,000
$13,172,033
Phase II Bid Results — Second solicitation from seven (7) prequalified contractors (Butler Building tenant improvements removed from scope):
Contractor
Macro -Z Technology Company
Woodcliff Corporation
AMG & Associates, Inc.
Proposal Amount
$9,888,000
$10,133,000
$10,778,000
$10,788,000
Bid Results, Cont.
Butler Building tenant improvement bid results — First Solicitation Ali Contractor .
SPAREA
E. Avico, Inc.
Y4M Developing Inc dba Construction
Masters
M.S. Construction Management Group
Harry H Joh Construction, Inc.
G2K Construction, Inc.
Bid Amount
$1,452,000
$1,680,880
$1,896,039
$2,154,818
$2,462,000
$2,688,000
Butler Building tenant improvement bid results — Second Solicitation Contractor
Loengreen, Inc.
MBC Enterprises, Inc.
Tovey/Shultz Construction, Inc.
G2K Construction, Inc.
PCN3, Inc.
PUB Construction, Inc.
RT Contractor Corp.
$1,646,000
$1,841,888
$1,865,052
$1,980,000
$2,080,000
$2,530,000
Previously Approved Project Financing
Structure September 6, 2022
Source of Funds
Unrestricted Fund Balance Reserves
Delay City HaII/PD HVAC Project (CIP Fund)
Property Sales
Total Down Payment
Total Construction Fund Bond Deposit
Amount
Total Project Budget
Total
$3,000,000
$2,000,000
$550,000
$5,550,000
$5,900,000
$11,450,000
*****
PLACENTIA
Proposed Updated Project Financing
Structure- Option 1
Source of Funds
Total
Unrestricted Fund Balance Reserves —Approved in FY22/23 & FY23/24 budgets
Federal Earmark OR Unrestricted Fund Balance Reserves
Delay City Hall/PD HVAC/Roof Project
(CIP ARPA Funds) to FY 24-25
$4,000,000
$2,600,000
$2,650,000
Asset Forfeiture $1,000,000
Legal Settlement $630,000
CaIOES Grant Next Gen 911 Upgrade $250,000
Total Down Payment (City Funds)
$11,130,000
Motorola Financing (Dispatch radio equipment)* 1,197,159 Total Bond Amount
$9,289,804
Total Project Budget $21,616,963
Proposed Updated Project Financing
Structure- Option 2
Source of Funds
Unrestricted Fund Balance Reserves —Approved in FY22/23 & FY23/24 budgets
$3,000,000
Federal Earmark OR Unrestricted Fund Balance Reserves
$2,600,000
Delay City Hall/PD HVAC/Roof Project
(CIP ARPA Funds) to FY 24-25
$2,650,000
Asset Forfeiture $1,000,000
Legal Settlement
$630,000
CalOES Grant Next Gen 911 Upgrade $250,000
Total Down Payment (City Funds)
$10,130,000
Motorola Financing (Dispatch radio equipment)* 1,197,159 Total Bond Amount
$10,289,804
Total Project Budget $21,616,963
Financing Assumptions
• Tax exempt Lease Revenue Bonds (public use facility)
• LRB tax exempt rates est. -4.5%* for a projected 30 -year amortization - not to exceed 5.5% and $10 million
• City assets leased to Placentia Public Financing Authority; PFA leases assets to City
• PFA issues bonds backed by City lease payments
• Upon completion of construction and occupancy, City
assets released and replaced by the new Public Safety
Facility.
*Estimates only; subject to final bond structure and market rates at time of bond sale, returning July 25, 2023, with bond package approval.
Future Market Rate Lease Cost for Current Building
mil=i0 I
2023
Annual Lease Payments
$156,512
2024 $473,748
2025
$492,698
2026 $512,406
2027
$532,902
2028 $554,218
2029
$576,387
2030 $599,442
2031-2073
Total
Average Annual Lease
Payment over 50 years
$68,427,412
$72,325,725
$1,446,514
Per current property owner, lease costs based on current market rate value of $1.85/SF for the City's current leased facility and 4% annual escalator.
Financing Cost Summary & Comparison
$9,289,804
$447,848
$9,737,652
Construction
Fund Gap
Estimated
Costs of
Issuance*
Estimated
Total Bond Issue
Proceeds
Estimated
Average
Annual
Debt
ervice
Total
Principal
and Interest
(30 years)
1 $581,342 $17,690,872
2 $10,289,804 $467,873 $10,757,677 $641,221 $19,546,647 Total amount spent on lease payments on existing facility over 50 years: $72,325,725 Total project cost plus bond interest over 30 years (Option1): $29,570,183 Anticipated savings over 50 years: $42,755,542
It is important to note that the useful service life of the new facility is 80 years. The financing cost summary noted in the table above reflects the first 30 years of service which coincides with the bond repayment term.
Reserve Fund Balance Histo
23,000,000
18,000,000
13,000,000
8,000,000
3,000,000
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• Total Fund Balance • Unassigned Fund Balance
Impacts to Reserve Levels
FY23/24 Adopted Option 1- $4M Reserves Option 2- $3M Reserves Budget -$4M plus up to $2.6M plus up to $2.6M
Reserves* additional contribution additional contribution 34%
Reserve
goal -
25%
36%
*The FY23/24 Adopted Budget includes $1 Million reserve contribution in addition to a $3 Million reserve contribution approved in FY22/23 that will be carried over. Total of $4 Million included in 40% reserve calculation.
Project Benefits
Next Gen 911
Communications Center
EOC/Training Room/Office
Spaces
Shooting Range
New center provides
expanded space for increasing
call volume due to population
and housing increases.
Built to Essential Facility
Standard — only City essential
facility rated for disasters.
Provides extra space for
supervisors, training and
group meetings.
Ensures stand-alone
capabilities in the event of
citywide system outage.
Aids with recruitment and
retention.
Provides sufficient space to
host large regional meetings
(POST).
Provides space for arrest and
control techniques training.
(Reduces OT)
Provides new workspace that
relieves overcrowding in Police
Station and City Hall.
EOC can be utilized as
command post for major
incidents/disasters (Only City
essential facility).
Provides added workspace for
special units in partnership
with other agencies.
24/7 access for mandated
practice and proficiency
(Reduces OT).
Ability to combine classroom
training with range
applications in same facility.
Will generate rental fees .
Designed to allow the use of
training props and scenarios
and non -lethal application
training.
Aids with recruitment and
retention.
Additional Project Benefits
• Extends useful service life of city hall and police
station by several years (currently over capacity).
• Allows expansion of women's locker room in police
station to meet personnel needs and legal
requirements.
• Allows for expansion of police records and watch
commander's office space.
• Provides expanded office spaces, conference rooms
in City Hall and ADA compliant employee restrooms.
Summary of Options
Option 1: Increase Reserve Fund contributions and
bond financing debt to cover the project cost.
Option 2: Increase Reserve Fund contributions by
a lesser amount ($1 million) and increase bond
financing debt by $1 million.
*****
PLACENTIA
Alternative Options
Alternative 1: Cancel Phase II Main Building and Shooting Range
1. Reduced General Fund Reserve
contribution to project.
2. Eliminates annual bond debt
service.
1. Guaranteed loss of Federal
Earmark.
2. Loss of shooting range revenue
from outside agencies.
3. Loss of reduction in overtime costs
for range qualifications.
4. Loss of expanded office space
needed for PD/City operations.
5. Emergency Communications
continues to operate in cramped
conditions.
Alternative Options, cont.
Alternative 2: Delay construction of Phase II Main Building and Shooting Range is
1. Potential for reduced project cost if
deep National recession impacts local
economy.
1. Guaranteed loss of Federal Earmark.
2. Unknown interest rate environment.
3. Construction costs will likely be higher
in 1-2 years.
Recommended Actions
1. Receive and file the presentation.
2. Select a preferred Financing Structure or consider both alternatives.
Staff recommends completing Phase II construction under financing Option 1 (Larger reserve contribution)
3. Should the City Council elect to construct the balance of the facility, direct Staff to return to the City Council with the construction contract for Phase II construction as well as the lease revenue bond package to fund the balance of the
project budget.
Next Steps & Timeline
July 11, 2023: City Council review and consideration of revised financing package and provide policy direction to staff July 25, 2023: If revised financing package is approved, City Council considers approval of construction contract for Phase I I , bond documents and resolutions and directs staff to proceed with bond sale August 2023: Bonds are sold
July 2023 — July 2024: Phase II main building construction period February- March 2024: Move property and evidence operations into Butler Building
July 2024 — September 2024: Move-in/occupy main building
Questions?
PLACENTIA
Rich Heritage, Bright Future