Agenda packet — Santa Ana City Council, July 18, 2023 (part 6 of 9)

NON-COLLUSION AFFIDAVIT
(Ti
tle 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non- collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed
Sta
te of California
County of __________
Subsc
ribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _______________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me
Notary Public Signature Notary Public Seal
Los Angeles
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EXHIBIT B

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CITY OF SANTA ANA
RFP NO.: 23-014

CONSUMER CONFIDENCE REPORT (CCR) AND AUXILIARY SERVICES City of Santa Ana RFP 23-026
Consumer Confidence Report (CCR) and Auxiliary Services

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NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

President
Straightline Communications LLC
April 28, 2023
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EXHIBIT B

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CITY OF SANTA ANA
RFP NO.: 23-014

CONSUMER CONFIDENCE REPORT (CCR) AND AUXILIARY SERVICES City of Santa Ana RFP 23-026
Consumer Confidence Report (CCR) and Auxiliary Services

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NON-DISCRIMINATION CERTIFICATION
The un
dersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The C
onsultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The C
onsultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The C
onsultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The C
onsultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of th e Secretary of Labor.

5. The C
onsultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/ her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the
event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

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EXHIBIT B

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CITY OF SANTA ANA
RFP NO.: 23-014

CONSUMER CONFIDENCE REPORT (CCR) AND AUXILIARY SERVICES City of Santa Ana RFP 23-026
Consumer Confidence Report (CCR) and Auxiliary Services

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7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Purs
uant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

President
Straightline Communications LLC
April 28, 2023
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EXHIBIT B

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EXHIBIT C

COMPENSATION
Consultant’s Fee Proposal including hourly rates if applicable

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FEE SCHEDULE — RF P NO: 2 3 - 014
ATTACHMENT 2

FEE PROPOSAL, INCLUD ING HOURL Y RATES
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I have examined the ATTACHMENT 1: SCOPE OF WORK. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the Ci ty for clarification prior to the submission of my proposal.

CCR:

Proposal Item Price –Lump Sum Fee (Per Year) must be inclusive of all costs, including, but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mi
leage, and fuel to produce the annual Water Quality Consumer Confidence Report.

Strategic Plan: Pr oposal Item Price –Lump Sum Fee must be inclusive of all costs, including, but not limited to, direct and indirect costs for l abor, overhead, incidental supplies, travel, mileage, and fuel to produce Strategic Plan.

Pr
oposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials purchased by the consultant only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of ancillary services, C onsultant shall provide separate quotes, upon request by the City, which shall be approved by the City’s Public Works Water Resources Division.

Fee Schedule:

The undersigned declares that he/she has carefully examined the request for proposal, that he/she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the following schedule:

TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: STRAIGHTLINE COMMUNICATIONS
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EXHIBIT C

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FEE SCHEDULE — RF P NO: 2 3 - 014
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Item # Bid Item Unit Quantity Amount
Consumer Confidence Report
1 Consumer Confidence Report
(Based on a 36-page print report in 3
languages. Includes notification pieces,
an interactive, web-based version (a total
of 20 html web pages), and ongoing
maintenance of santaanaccr.org.
1 Lump Sum (Per
Calendar Year)
$22,250
Consumer Confidence Report Total: $22,250
Strategic Plan
2 Strategic Plan (Includes prepping for,
attending and providing follow-up on all
meetings, workshops and staff event; all
interviews; research; and development of
all written and multi-media deliverables.)
1 Lump Sum $15,500
Strategic Plan Total: $15,500
BIDDER INFORMATION:

Legal Company Name: Straightline Communication LLC
Business address: 14930 Greenleaf Street, Sherman Oaks, CA 91403 Phone Number: (818) 386-1916
Email Address: [email protected]
Authorized Signature: _______________________________________________ Name: Linda O’Hanlon
Title: President
2023 Hourly Rates (billed at 15 min. increments)
Principal In Charge .................................................................................................... $200 @ hour Project Manager/Senior Writer (blended rate)............................................................$185 @ hour Graphic design/collateral development ..................................................................... $125 @ hour Translator ..................................................................................................................... $75 @ hour Web Developer/Designer .......................................................................................... $125 @ hour

EXHIBIT C

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Library
www.santa-ana.org/library
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Approve Agreement for Moving and Storage Services for the Main Library and Newhope Library Capital Improvement Projects

AGENDA TITLE
Approve Agreement with Inland Moving and Storage Co., Inc. dba Burgess Moving and Storage to provide Moving and Storage Services for the Main Library Transformation Project and Newhope Library Renovation Project, in an Amount not to Exceed $223,924 (Specification No. 23-058A) (General Fund and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Inland Moving and Storage Co., Inc. dba Burgess Moving and Storage to provide moving and storage services for the Main Library Transformation Project and Newhope Library Renovation Project in an amount not to exceed of $223,924 including a 10% contingency amount of $20,357, for a term beginning July 18, 2023 and expiring December 31, 2025, with provision for one, one-year extension, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Quality library services are a key indicator of a community’s overall health and wellness.

Utilizing a high-quality moving and storage firm will help ensure the Library’s collections are protected, secured, and readily available to the public upon reopening of the Main and Newhope Libraries after the respective Transformation and Renovation Capital Improvement Projects are complete. Once complete, residents will enjoy an enhanced and expanded network of library locations and services along with an improved quality of life throughout Santa Ana.

On April 13, 2023, the Purchasing Department and Library Services Agency released Request for Proposal (RFP) 23-058A, by which it sought proposals from qualified firms to provide moving and storage services for two Library capital improvement projects - the Main Library Transformation and Newhope Library Renovation. (Exhibit 1). The scope of services includes the management of moving services, the relocation of Library collections and selected furniture, temporary off-site secure storage, and the provision of all packing materials.

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Approve Agreement for Moving and Storage Services for the Main Library and Newhope Library Capital Improvement Projects
July 18, 2023

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The RFP was advertised on PlanetBids, the City’s online bid management and publication system. A summary of the RFP and proposals received is as follows:

505 Vendors notified
1 Santa Ana vendor notified
26 Vendors downloaded the RFP packet
11 Proposals received
0 Proposals received from Santa Ana vendors
Eleven Proposals were received by the RFP deadline on May 10, 2023, opened, and six (6) proposals were deemed to be responsive to the RFP specifications. Based on the criteria outlined in the RFP, the following summarizes the results from firms that submitted responsive proposals and their rankings:

Staff recommends awarding an agreement to the highest-ranked firm, Inland Moving & Storage Co., Inc. dba Burgess Moving and Storage (Exhibit 2). Their proposal demonstrated a high degree of technical competence and experience performing comparable services on projects of similar sizes for other government agencies. The firm was able to demonstrate a clear understanding of the project components and provide a cost-effective approach to the Library’s needs, providing the best overall value for the City.

FISCAL IMPACT
The current fiscal year funding is available in the FY 23-24 budget and any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 24-25.

Fiscal Year Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
2023-2024 01111017-62300 GENERAL FUND
Library – Service
Enhancement; Contract
Services Professional
$49,091

2023-2024 01211020-62300

CANNABIS
PUBLIC

BENEFIT FUND
Library Youth Services;
Contract Services
Professional
$51,383
Firm City Rank
Inland Moving and Storage Co., Inc. Riverside, CA 1
MEK Enterprises, Inc. San Diego, CA 2
Penn Relocation Services Anaheim, CA 3
Johnson Commercial Solutions Inc. San Marcos, CA 4
S and D Moving Services Inc. Spring Valley, CA 5
Crown Worldwide Moving and Storage, LLC Mira Loma, CA 6

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Approve Agreement for Moving and Storage Services for the Main Library and Newhope Library Capital Improvement Projects
July 18, 2023

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7 1
2024-2025 01111017-62300 GENERAL FUND
Library – Service
Enhancement; Contract
Services Professional
$46,288
2025-2026 01111017-62300 GENERAL FUND
Library – Service
Enhancement; Contract
Services Professional
$77,162
TOTAL $223,924

EXHIBIT(S)

1. Location Map

2. Agreement
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Kristine Ridge, City Manager

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Exhibit 1
PWA

SANTA ANA

PUBLIC WORKS AGENCY
STANDARD AVE.

EXHIBIT 1
- PROJECT LOCATION
EXHIBIT 1

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City Attorney’s Office
www.santa-ana.org/city-attorneys-office
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Approve Legal Services Agreement with Burke, Williams & Sorensen, LLP for a Three-Year Term and Compensation not to Exceed $500,000

AGENDA TITLE
Approve a Specialized Legal Services Agreement with Burke, Williams & Sorensen, LLP for a Three-Year Term and Compensation not-to-Exceed $500,000 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a legal services agreement with the law firm of Burke, Williams & Sorensen, LLP (“BWS”) for litigation matters concerning the abatement of public nuisances for a three-year term to terminate June 30, 2026 and compensation in an amount not to exceed $500,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
BWS was previously engaged by the City Council on March 4, 2020 to represent the City in specialized nuisance cases, including the City’s lawsuit against the Orange County Association for Mental Health (“MHA”) concerning the operation of their multi- service center at 2416 S. Main Street in the City. This case, filed in January 2020, is complex and has been litigated heavily in the succeeding three plus years. MHA has been represented, pro bono, by Sheppard Mullin, a large nationwide law firm. Disability Rights California, a legal non-profit, intervened and joined the case in April 2020, on behalf of three clients who allege they would be negatively affected if MHA were closed as a result of the City’s lawsuit. Due to COVID-19-related delays and subsequent appellate review sought by the Defendants, the trial in this matter was not able to commence until June 7, 2023.

The law firm of Burke, Williams & Sorensen, LLP is a well-regarded, municipal law firm specializing in litigation and abatement of public nuisances. BWS was previously selected from a pool of several firms based on its deep resources, expertise, and understanding of the pertinent legal and factual issues. BWS has more than 100 attorneys and 10 offices in California. The City Attorney’s Office retained BWS based on the experience and skill of its counsel.

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Approve Legal Services Agreement with Burke, Williams & Sorensen for Three-Year Term and Compensation Not to Exceed $500,000
July 18, 2023

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Due to the complex and significant ongoing trial being handled by BWS, this agreement provides a three-year term for a total of $500,000 in compensation. The term and amount account for the time-intensive and substantial nature of the expected trial and provides a realistic budget for outside counsel to vigorously prosecute the City’s action against MHA at trial, including the costs of expert witnesses. The agreement also provides resources for the City to take advantage of BWS’ experience and skills on additional public nuisance cases, which may arise during the term of this agreement.

FISCAL IMPACT
Funds are available in the General Non-Departmental fund contractual services (Account No. 01105015- 62300) and will be budgeted in future fiscal years as follows.

Future fiscal year funding will be included in the proposed budgets for City Council consideration.

Fiscal Year Amount
2023-24 $200,000
2024-25 $150,000
2025-26 $150,000
Total $500,000

EXHIBIT(S)

1. Legal Services Agreement with Burke, Williams & Sorensen, LLP Submitted By: Sonia Carvalho, City Attorney
Approved By: Kristine Ridge, City Manager

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1 LEGAL SERVICES AGREEMENT WITH

BURKE, WILLIAMS & SORENSEN, LLP

This AGREEMENT, made and entered into this 18th day of July 2023, by and between Burke, Wiliams & Sorensen, LLP (“Attorneys”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City”).

RECITALS

A. The City of Santa Ana and the City Attorney’s Office City desires to employ Attorneys to assist the in-house attorneys for the City (“City Attorney”) in the provision of legal services to the City, for public nuisance litigation related matters by a firm with specialized expertise.

B. City desires to employ Attorneys to assist the in-house attorneys for the City (“City Attorney”) in the provision of legal services to the City.

C. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge related to litigation matters concerning public nuisances, and desire to undertake said services.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. RETENTION OF ATTORNEYS On an as-needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with litigation related to the abatement of public nuisances within the City of Santa Ana. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter.

2. COMPENSATION FOR SERVICES RENDERED

a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services, Partners will be billed at the rate of $325 an hour, Associates at a rate of $300 an hour, and paralegals at a rate of $145 an hour. Time will be billed in 1/10th of an hour increments.

b. The total sum to be expended under this Agreement, shall not exceed $ 500,000, including any extension periods. This amount includes compensation by the City for any outstanding payment for services rendered by Attorneys under Agreement #N -2020-065, as amended, and services provided since July 1, 2023.

c. City agrees to reimburse Attorneys for out -of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement.

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2 i. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page.
ii. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal research subscription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal research costs related to a complex legal matter or assignment and if pre-approved in writing by the City Attorney.
iii. The City will not reimburse Attorneys for ordinary document management systems used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre-approved in writing by City Attorney. iv. Attorneys agree to directly pay for vendors, consultants, or experts, and then seek reimbursement from the City.
v. Attorneys agree to seek written authorization from City Attorney before retaining experts and consultants.
vi. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service.
vii. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice.

3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys’ discretion, they may choose to defer payment.

Notwithstanding this, City agrees that it shall tender payment within 3 0 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. City will not pay interest on unpaid monthly statements.

4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and al l files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement.

5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports:

a. 45 day initial evaluation of case and budget; and
b. Pre-trial report 90 days before trial;

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3 6. TERM The term of this Agreement shall commence on the date first written above and terminate on June 30, 2026, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and the City Attorney.

7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City.

8. INSURANCE Attorneys shall provide to the Executive Director of Human Resources proof of insurance prior to undertaking performance of work under this Agreement, Attorneys shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if consultant does not use an automobile to perform services)
c. Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
d. Professional Li ability (Errors and Omissions): Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If Attorneys maintain broader c overage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Attorneys. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
e. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:

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4 i. Additional Insured Status - The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Attorneys including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Attorneys’ insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. Primary Coverage- For any claims related to this contract, Attorneys’ insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Santa Ana, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Santa Ana, its officers, officials, employees, or volunteers shall be excess of Attorneys’ insurance and shall not contribute with it. iii. Notice of Cancellation - Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. f. Waiver of Subrogation- Attorneys hereby grant to City a waiver of any right to subrogation, which any insurer of said Attorneys may acquire against the City by virtue of the payment of any loss under such insurance. Attorneys agree to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
g. Self-Insured Retentions - Self-insured retentions must be declared to and approved by the City. The City may require the Attorneys to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
h. Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
i. Claims Made Policies - If any of the required policies provide coverage on a claims- made basis:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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5 iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Attorneys must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. j. Verification of Coverage – Attorneys shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Attorney’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

k. Subcontractors - Attorneys shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Attorneys shall ensure that City is an additional insured on insurance required from subcontractors.

l. Special Risks or Circumstances – City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances

9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys’ negligent or wrongful performance or conduct related to this Agreement.

10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney -client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City’s prior written approval.

Attorneys shall provide materials directly to the City Attorney, Sonia C arvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys ‘ retention under this Agreement, shall be marked as “PRIVILEGED AND CONFIDENTIAL / ATTORNEY- WORK PRODUC T” and shall be the property of the City Attorney’s Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City.

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6 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement.

12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons:

To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6956

Courtesy Copy: City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515

To Attorneys: Attention: Mark Austin, Partner
Stephen McEwen, Partner
Burke, Williams & Sorensen, LLP
18300 Von Karman Avenue, Suite 650
Irvine, CA 92612
Facsimile: 949-863-3363

A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may no t be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other

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7 instrument that are inconsistent with, or in addition to, the ter ms and conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein.

14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City.

15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date.

Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions.

16. NON-DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

17. JURISDICTION – VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, pe rformance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original.

Photocopies of any executed counterpart shall have the same force and effect as an original. City

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8 further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement.

20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys’ opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

ATTEST:

_________________________
Jennifer L. Hall
Clerk of the Council

APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney

By: _________________________
Kyle C. Nellesen
Assistant City Attorney

CITY OF SANTA ANA

____________________________
Kristine Ridge
City Manager

BURKE, WILLIAMS & SORENSEN LLP

By: ______________________________
Name:

Title:

Mark J. Austin
Partner

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City Manager’s Office
www.santa-ana.org/city-managers-office
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Sister Cities Relationship with the City of Sahuayo

AGENDA TITLE
Agreement with Sahuayo, Michoacán, Mexico to Establish a Sister City Relationship

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with the City of Sahuayo de Ocampo, of the State of Michoacán of the United Mexican States to formalize the sister city relationship between the City of Santa Ana and the City of Sahuayo.

DISCUSSION
At the October 4, 2022 meeting, the City Council adopted a resolution establishing a sister city relationship with the City of Sahuayo de Ocampo, of the State of Michoacán of the United Mexican States (“Sahuayo”). To formalize the relationship, the City of Sahuayo has requested that the City of Santa Ana enter into an agreement (Exhibit 1).

The agreement does not commit the City to expend public funds, including staff resources, in furtherance of the objectives outlined in the agreement; the City’s participation is voluntary.

About Sister Cities Programs
The term “sister cities,” also referred to as “twin towns,” is used generally to refer to a form of agreement between two geographically and politically distinct localities for the purpose of promoting commercial, cultural, and economic ties. “Sister city” programs became popular in the United States in 1956 when former U.S. President Dwight D.

Eisenhower proposed a citizen diplomacy initiative, Sister Cities International. While Sister Cities International originated as a program of the National League of Cities, it has since become its own entity. Although Sister Cities International is not the only mechanism to establish “sister city” relationships between cities, it is popular among cities wishing to do so. The City of Santa Ana currently does not operate a Sister Cities program.

FISCAL IMPACT
There is no fiscal impact associated with this action.

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Sister Cities Relationship with the City of Sahuayo
July 18, 2023

Page 2 ends

3 6
0 4

EXHIBIT(S)

1. Agreement
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager

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SISTERHOOD AGREEMENT BETWEEN THE CITY OF SAHUAYO DE OCAMPO OF TH

E STATE OF MICHOACAN OF THE UNITED MEXICAN STATES AND THE CITY O

F SANTA ANA OF THE STATE OF CALIFORNIA OF THE
U

NITED STATES OF NO RTH AMERICA
THIS AGREEMENT is made and entered into on this 18 th day of July, 2023 by and between the City of Sahuayo de Ocampo of the State of Michoacán of the United Mexican States and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”); hereinafter referred to as “the Parties.”
CO
NSIDERING their interest to strengthen the friendship ties and cooperation that j
oin both Parties.

ACKNOWLEDGING that the cities have the intention to develop collaborative activities, under the law provisions of the Sahuayo de Ocampo, Michoacán and the United Mexican States, with particular attention to the terms related to business exchange, commerce, culture, and craftsmanship.

DECLARING their deci sion to strengthen their rel ationship of collaboration through the proper legal channels.

CONVINCED of the importance of establishing mechanisms that contribute to the development and strengthening of bilateral cooperation and actions that are effective in the commercial and social development of both Parties;
Th
e Parties have agreed to the following:

ARTICLE I
Ob
jective
The objective of the present Agreement is to formalize the sisterhood between the City of Sahuayo de Ocampo from the State of Michoacán of the United Mexican States and the City of Santa Ana, to foster agreement and understanding between them and the

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2 institutions in their respective territorial areas, to intensify common efforts, and to promote the exchange of experiences and execution of common activities.

TICLE II
Areas of Cooperation
To reach the objective of the present Agreement, the Parties, at their discretion, may use reasonable efforts and work collaboratively to develop cooperative projects, specifically directed, but not limited to the following areas:
a) Promotion of business, investments and commerce. Promotion of business and government meetings to encourage economic exchange and business development of local producers that generate new niches of economic projection.
b) Promotion of culture. Promotion and dissemination of cultural expressions and regional traditions through meetings, exchanges, dissemination and support of art in all its modalities and categories
c) Promotion of Touris m: Generate programs of dissemination, exchange of tourist routes, based on the relevant historical and traditional celebrations of the Mexican municipality, while supporting the U.S. municipality in programs to benefit their communities.
d) Government development . Exchange of updating, training, advice on government plans aimed at strengthening communities, as well as the adaptation of spaces to generate leadership and excellence in services. e) Education. G enerate exchange and immersion programs cultural and educational linguistics, history, technology and those branches of knowledge that complement the educational plans of each of the cities, considering globalization in education, through generations and global trends. f) Science and technology. Strengthen the links of fraternity in the knowledge and actualization of these branches that help the development of communities and new generations in issues of education, health, human and social

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3 development, as well as government services, digitalization in processes for optimization of the resources and the transparency in the management. g) Environment. Given the global trends in the management of natural resources in countries, given the concern of the impact on the planet, generate ties of exchange in information and programs for the care, optimization, management, administration and preservation of the environment and resources such as water. Advice, training and management for impact projects in the most vulnerable communities.
h) Health. Advice, training, exchange, development of projects aimed at the promotion of health in communities that reinforce healthy lifestyles among families, that help in prevention and good habits to strengthen collective health.

ARTICLE III
Modalities of Cooperation
The Parties agree that the actions of cooperation which are referred to in the present Agreement may be carried out through the following modalities:
a) Exchange of economic data, to the extent such data is a public record ; Exchange of programs, information, studies, analysis, surveys, as well as uses and customs among the collectives.
b) Business missions : C ollaboration in the search of partners and in the execution of joined promotional initiatives, as well as expositions, with the purpose to strengthen projects already determined.
c) B usiness participation and promotion of respective cities in fairs, expositions and conferences in both cities.
d) Cooperation between public and private companies.
e) Mutual comprehension and support, based on either city’s available cultural resources, of tours, music performances, co- productions, and other artistic programs;

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4 f) Collaboration between universities and research centers, and g) Any other modalities that the Parties may agree upon in a mutual writing.

ARTICLE IV
Competence
Each Party agrees to voluntarily collaborate with the other Party, at each parties discretion, to carry out the modalities of cooperation, referred to in Article III of the present Agreement, in accordance to their respective faculties, subject to the political and economic laws and regulations of their respective Governments.

Nothing contained in this Agreement shall be construed as: (1) an obligation upon either Party to furnish, any assistance, resources, monies, and in-kind contributions of any kind whatsoever, or (2) providing or implying any arrangement or understanding that either Party will be legally obligated to perform the terms and conditions outlined in this Agreement.

ARTICLE V
Annual Action Programs
In order to achieve the objectives of the present Agreement, the Parties may formulate, through prior discussion, Annual Action Programs (AAP´s), which shall become an integral part of the present Agreement once they are formalized.

The AAP´s shall be integrated with specific projects or activities, which must reference each of the following aspects:
a) Objectives and activities to develop;
b) Work agenda;
c) P rofile, quantity and duration of the assigned personnel to objectives and activities;
d) Responsibility of each Party;
e) Assignment of materials, personnel and financial resources; f) Evaluation mechanism and criteria, and
g) Any other appropriate information.

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5 The operation of this Agreement shall not be conditioned to the signing Parties to establish projects in all the modalities of cooperation, nor are they obligated to collaborate in those activities where internal prohibitions exists or derived by law, inst itutional normative, or customs.

Subject to availability, the Parties may meet annually to evaluate the results derived from the present Agreement and to propose new guidelines for the development of projects of mutual interest.

The Parties may produce progress reports of achievements based on the present Agreement and may communicate them to their respective Chancellery or legislative body, as well as the bilateral departments determined by mutual agreement.

To the extent feasible, the Parties agree to formulate the first Action Program within sixty (60) days after the signing date of the present Agreement.

ARTICLE VI
Collaboration of Additional Proposals
Notwithstanding the Annual Action Program referred to in Article V of the present Agreement, each Party may formulate additional proposals, as they may arise during the implementation of activities predetermined through the AAP.

ARTICLE VII
Coordination and Follow-Up Mechanism
In order to establish a mechanism and criteria for the coordination, supervision and evaluation of the activities carried out under the present Agreement, as well as to assure the best conditions for its execution, a Working Group, integrated by representatives of both Parties, may be established, and coordinating each parties activities the following areas:
• On behalf of the City of Sahuayo de Ocampo, of the State of Michoacán of
the United Mexican States, is designated of City Clerk. • A
representative of the City, as designated by the City manager.

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6 The Working Group may meet periodically in a location agreed upon by the Parties, to evaluate the activities derived from the application of the present Agreement. The Working Group shall have the following functions:
a) M ake the necessary decisions in order to carry out the objectives of the present Agreement;
b) I dentify the areas of common interest in order to elaborate and formulate specific projects;
c) O rientate, organize and formulate relevant recommendations in order to fulfill the activities of the present Agreement;
d) R eceive, examine and approve the progress reports in the areas of cooperation within the present Agreement, and
e) A ny other functions that the Parties may agree upon in a mutual writing

ARTICLE VIII
The Parties may finance the activities referred to in the present Agreement with the assigned resources in their respective budgets according to the availability and terms of their legislation. Each Party shall pay the expenses related to its participation, except in the case that alternate financial mechanisms may be used for specific activities, if considered appropriate. All expenses for the City shall be approved in a writing by the City Manager.

ARTICLE IX
Information, Material and Protected Equipment
The Parties agree that information, material and protected equipment deemed classified by national legislation for national security , other applicable law, or foreign relation purposes of either Party, shall not be subject to transfer within the present Agreement.

When undertaking activities pursuant to this Agreement, any information, material and equipment which require or could require protection and classification is identified, the Parties shall inform the adequate authorities and establish in writing, the corresponding measures.

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7 The transference of information, material and equipment, which is not protected or classified, but which exportation is regulated by one of the Parties, shall be done according to the applicable national legislation or other applicable law and should be identified, along with its intended use or subsequent transference. If any of the Parties consider it necessary, measures shall be taken to prevent the non -authorized transference or re- transference of such property.

ARTICLE X
International Instruments
The cooperation referred to in the present Agreement shall not affect the rights and duties which the Parties have acquired regarding other international instruments.

ARTICLE XI
Intellectual Property
If as a result of actions carried out in accordance with this Agreement, products of commercial value and/or rights of intellectual property are generated, these shall be determined by the applicable national legislation or other applicable law , as well as the International Conventions, which are binding for both Parties.

ARTICLE XII
Employment Relationship
The personnel assigned by each Party for the execution of activities derived from the present Agreement, shall continue under the direction and dependence of the institution to which he/she pertains, and shall not create any labor relation with the other Party, which in no case shall be considered as a substitute employer.

The Parties shall carry out the necessary procedures under their respective authorities in order to facilitate the entry and departure of participants who are officially involved in the projects derived from the present Agreement. Such participants shall be subject to the immigration, tax, customs, sanitary and national security laws of the receiving country and may not partake in any activi ty other than those pertaining to their functions, without the previous authorization of the competent authorities in this field.

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8 The Parties shall encourage that the personnel involved in such activities have medical, personal damage and life insurance, so that, if a damage results from such activities derived from the present Agreement, repair or indemnification shall be covered by the corresponding insurance company.

ARTICLE XIII
Disputes Settlement
Any difference or divergence derived from the interpretation or application of the present Instrument shall be resolved by both Parties in common agreement.

ARTICLE XIV
Final Provisions
The present Agreement shall go into effect upon the date of its signature and shall remain in effect for up to a five (5) year period, and may be renewed for equal periods, by evaluation and acceptance in writing, signed by both Parties.

The present Agreement may be modified by mutual consent of the Parties, by formalizing it through written communications.

Either of the Parties may immediately, terminate the present Agreement by a written notification given to the other Party.

[Signatures on the following page]

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9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

CITY OF SANTA ANA

KRISTINE RIDGE
City Manager

ON BEHALF OF THE CITY OF

SAHUAYO OF OCAMPO, OF THE
STATE OF MICHOACÁN OF THE

UNITED MEXICAN STATES
DR. MANUEL GÁLVEZ SÁNCHEZ
Mayor
ATTEST:

Jennifer L. Hall
C i t y C l e r k
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
B y :

Jose Montoya
Assistant City Attorney

VALERIE AMEZCUA
Mayor

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Human Resources
www.santa-ana.org/human-resources
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: MOU between the City of Santa Ana and the Confidential Association of Santa Ana and Resolution for Associated Unrepresented Classifications

AGENDA TITLE
Adoption of a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Confidential Association of Santa Ana, effective July 1, 2022 through June 30, 2025, and adoption of a Resolution updating the salary schedule for Associated Unrepresented Classifications

RECOMMENDED ACTION

1. Authorize the City Manager to execute a Memorandum of Understanding with the Confidential Association of Santa Ana (“CASA”) regarding wages, hours, and other terms and conditions of employment effective July 1, 2022 through June 30, 2025 and authorize non-substantive changes which may be necessary to implement the agreement; and

2. Approve a Resolution updating the salary schedule for associated unrepresented classifications.

DISCUSSION
The City recently reached a tentative agreement with CASA on a three-(3) year successor Memorandum of Understanding (“MOU”) effective July 1, 2022 through June 30, 2025. The tentative agreement has been ratified by CASA membership. The major provisions of the agreement include: salary increases of three percent (3%) effective the first full pay period following July 1, 2023, three percent (3%) effective the first pay period following City Council approval of the MOU, and three percent (3%) in July 2024; providing a one (1) time lump sum payment of three thousand three hundred dollars ($3,300) effective the first full pay period following City Council approval of the MOU; recognizing Cesar Chavez holiday; winter holiday closure language; increasing City medical contributions by one hundred dollars ($100) per month effective the first full pay period following City Council approval of the MOU, fifty dollars ($50) per month in January 2024, and fifty dollars ($50) per month in January 2025; and City contribution of one percent (1%) to employees’ retirement health savings accounts.

Notably, at staff recommendation, the parties agreed to provide eligible employees with up to eight (8) weeks of City (employer)-paid parental leave for the birth, adoption, or foster of a child. The City of Santa Ana will be the first public agency in Orange County

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MOU between the City of Santa Ana and CASA
July 18, 2023

Page 2 ends

3 5
7 6
and one of the first, if not the first, public agency in California and/or United States to offer such a benefit.

Other key terms of the agreement include: updated discipline and grievance processes; acting pay language; constructive receipt language; addressing specific classification pay equity; one-year probationary period for current employees; bilingual pay recertification every three (3) years (for employees who receive bilingual pay); medical cashback language equivalent to City’s management unit; reducing the number of unused sick leave hours that may be converted to CalPERS service credit to eighty (80) for current employees and eliminating the option to convert unused sick leave hours to CalPERS service credit for future employees; modifying the maximum amount of sick leave that may be converted to employees’ retirement health savings or 457 deferred compensation accounts from one thousand two hundred (1,200) hours to one thousand six hundred (1,600) hours; new employees hired after City Council approval of the MOU will accrue a maximum of three hundred fifty-two (352) sick leave hours with any accrued hours over the maximum cashed out into employees’ retirement health savings accounts in January each year; and clarifying language on issues of employment.

Lastly, pursuant to Resolution No. 2021-026, there are unrepresented classifications that mirror the salary increases and terms and conditions of employment of CASA. The attached Resolution merely updates the respective salary schedule of the unrepresented classifications as a result of the salary increases provided to CASA.

FISCAL IMPACT
The estimated annual cost of the agreement during the three (3) year period is $762,492 for FY 2023-24 and $829,731 for FY 2024-25, for a total estimated cost of $1,592,222. The estimated annual cost for the associated unrepresented classifications during the three (3) year period is $52,528 for FY 2023-24 and $56,884 for FY 2024-25, for a total estimated cost of $109,412.

The budgeted increase for FY2023-24 was approximately $664,277. The combined FY2023-24 estimated cost of $815,020 ($762,492 + $52,528) exceeds the budgeted increase, primarily due to the one-time lump-sum payments. In September, staff will request a carryover of the unused FY22-23 budget to fund the additional $150,743 ($815,020 estimated cost, less the $664,277 budgeted increase).

EXHIBIT(S)

1. Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana

2. Resolution for associated unrepresented classifications Submitted By: Jason R. Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager

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_____________________________________________________________________________________________________________________ CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1, 2022 THROUGH JUNE 30, 2025

Page 1 ends

JULY 1, 2022 THROUGH JUNE 30, 2025

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF SANTA ANA

AND

CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA

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Page 2 ends

TABLE OF CONTENTS

ARTICLE I ..................................................................................................................................... 4

1.0 RECOGNITION ................................................................................................................... 4 ARTICLE II .................................................................................................................................... 5

2.0 NON-DISCRIMINATION CLAUSE ................................................................................... 5 ARTICLE III ................................................................................................................................... 6

3.0 IMPLEMENTATION ........................................................................................................... 6 ARTICLE IV .................................................................................................................................. 7

4.0 ATTENDANCE, WORKDAY & WORKWEEK ................................................................ 7 ARTICLE V .................................................................................................................................. 10

5.0 SALARIES ......................................................................................................................... 10 ARTICLE VI ................................................................................................................................ 16

6.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES ................................................ 16 ARTICLE VII ............................................................................................................................... 20

7.0 OVERTIME ........................................................................................................................ 20 ARTICLE VIII .............................................................................................................................. 24

8.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM ......................................... 24 ARTICLE IX ................................................................................................................................ 27

9.0 HOLIDAYS ........................................................................................................................ 27 ARTICLE X .................................................................................................................................. 31

10.0 VACATION ...................................................................................................................... 31 ARTICLE XI ................................................................................................................................ 36

11.0 OTHER LEAVES OF ABSENCE.................................................................................... 36 ARTICLE XII ............................................................................................................................... 44

12.0 EMPLOYEE INSURANCE ............................................................................................. 44 ARTICLE XIII .............................................................................................................................. 47

13.0 RETIREMENT ................................................................................................................. 47 ARTICLE XIV.............................................................................................................................. 50

14.0 SAFETY ........................................................................................................................... 50 ARTICLE XV ............................................................................................................................... 51

15.0 DISCIPLINE ..................................................................................................................... 51 ARTICLE XVI.............................................................................................................................. 54

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16.0 GRIEVANCE REVIEW PROCEDURE .......................................................................... 54 ARTICLE XVII ............................................................................................................................ 57

17.0 ASSOCIATION RIGHTS ................................................................................................ 57 ARTICLE XVIII ........................................................................................................................... 60

18.0 DUES DEDUCTION & INDEMNIFICATION ............................................................... 60 ARTICLE XIX.............................................................................................................................. 61

19.0 CITY RIGHTS .................................................................................................................. 61 ARTICLE XX ............................................................................................................................... 63

20.0 LAYOFFS ......................................................................................................................... 63 ARTICLE XXI.............................................................................................................................. 65

21.0 MISCELLANEOUS PROVISIONS ................................................................................. 65 ARTICLE XXII ............................................................................................................................ 68

22.0 SOLE & ENTIRE AGREEMENT.................................................................................... 68 ARTICLE XXIII ........................................................................................................................... 69

23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU .......................... 69 ARTICLE XXIV ........................................................................................................................... 70

24.0 EMERGENCY WAIVER PROVISION .......................................................................... 70 ARTICLE XXV ............................................................................................................................ 71

25.0 SEPARABILITY PROVISION ........................................................................................ 71 ARTICLE XXVI ........................................................................................................................... 72

26.0 TERM OF MOU ............................................................................................................... 72 ARTICLE XXVII ......................................................................................................................... 73

27.0 RATIFICATION & EXECUTION................................................................................... 73 EXHIBIT A ................................................................................................................................... 75 MONTHLY WAGE RATE SCHEDULE ................................................................................ 75

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ARTICLE I

1.0 RECOGNITION
Pursuant to the provisions of the Meyers -Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called “the City”) has recognized the Confidential Association of Santa Ana (hereinafter called “CASA” or “Association”) as the majority representative of the bargaining unit which includes all full- time employees employed by the City of Santa Ana in classifications heretofore designated as “confidential” and which are listed in Exhibit A of this Memorandum of Understanding (“MOU”).

Notwithstanding the following provisions of this MOU, the parties agree that they have intended nothing herein to entitle, alter, or award Civil Service rights or privileges to any employee represented by CASA who is in the Excepted (Exempt) Service of the City of Santa Ana.

During the term of this MOU, no substantive issue of representation shall be raised contrary to this MOU except as provided in this MOU or in Resolution No. 81- 75, the Employer- Employee Relations Resolution of the City of Santa Ana.

The term “employee” or “employees” as used herein shall refer only to full -time CASA employees of the City.

It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between the City and employees covered by this MOU. It sets forth the full and entire understanding reached in good faith negotiations regarding the wages, hours, and terms and conditions of employment of employees covered by this MOU, which the parties intend to submit jointly and recommend for approval to the City Council.

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ARTICLE II

2.0 NON-DISCRIMINATION CLAUSE
The City and CASA agree that they shall not discriminate against any employee in violation of State and Federal law. The City and CASA shall reopen any provision of this MOU for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with State or Federal anti-discrimination laws.

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ARTICLE III

3.0 IMPLEMENTATION
The parties agree that this MOU shall not be binding upon the parties until the City Council:

A. Acts, by majority vote, to formally approve this MOU; and B. Acts to appropriate the necessary funds required to implement the provisions of this MOU that require funding.

Notwithstanding the foregoing, in the event the City Council f ails to take all actions necessary to implement this MOU in a timely manner, the parties understand that they may mutually agree to implement appropriate provisions of this MOU that do not require specific approval by the City Council.

Implementation shall be effective as of the date the MOU is formally approved by the City Council. If the parties fail to agree to implement provisions of this MOU not requiring City Council approval, then negotiations shall resume upon the request of either party.

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ARTICLE IV

4.0 ATTENDANCE, WORKDAY & WORKWEEK
Attendance. Employees shall be in attendance at their work during hours prescribed by the Department Head or their designee(s) and shall not absent themselves without approval of the Department Head or their designee(s).

Hours of Work. Eight (8) hours of work shall constitute a normal workday and forty (40) hours of work shall constitute a minimum workweek, except for employees for whom special schedules have been approved by the City Manager.

A. 4/10 Work Schedule. The Department Head, with the approval of the City Manager, may assign employees to a workweek consisting of four (4) ten (10) hour days with an additional one -half (1/2) or one (1) hour for unpaid lunch, as negotiated with CASA. The assigned employee shall work four (4) ten (10) hour days and shall have three (3) consecutive days off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive their right to three (3) consecutive days off in a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of ten (10) hours.

B. 9/
80 Work Schedule. The work schedule described below is known as the “9/80” work schedule. The “9/80” work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (“FLSA”). In the event that there is a conflict with the current rules, practices , and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern.

Employees shall be permitted to work a “9/80” work schedule when authorized by the Department Head and approved by the City Manager. A departmental work unit shall not be permitted to work this schedule if in the discretion of the Department Head and City Manager, the “9/80” work schedule may reduce service to the public.

1. “9/80” Work Schedule Defined. The “9/80” work schedule shall be defined as working eighty (80) hours over nine (9) days in a two (2) week period.

An employee shall work eight (8) days for nine (9) hours per day and one (1) day for eight (8) hours, excluding a one (1) hour lunch during each work shift, totaling forty (40) working hours in each FLSA work week. a. T he Work Week Period. The forty (40) hour FLSA work week period shall be defined as the work period starting from Friday at mid-shift to Friday at mid -shift. No employee working the “9/80” work schedule shall be able to flex their Friday start time nor the time they take their lunch break, which shall occur in the middle of the day on Fridays.

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b. The 9/80 Work Period. The “9/80” two (2) week work period for employees starts Friday mid -shift and continues for fourteen (14) days until Friday mid-shift. During this period, each week is made up of four (4) nine (9) hour work days (thirty -six (36) hours) and one (1) four (4) hour Friday for a total of forty (40) work hours in each work week (e.g., the Friday is split into four (4) hours for the first shift, which is charged to work week one, and four (4) hours for the second shift, which is charged to work week two). c. W ork Schedule Changes . Employees shall not be permitted to change their work schedules without prior approval of their supervisor and Department Head.
d. M
odifications of the FLSA Work Week. Modifications of the FLSA work week period are not permitted unless authorized by the Executive Director of Human Resources and the City Manager. e. E
mergencies . All employees on the “9/80” work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions that, in the opinion of the Cit y Manager, Department Head, or designee, may require such service from any of said employees.
9/80 Schedule Hardship Claims. Any employee having been authorized to work the “9/80” work schedule who subsequently encounters a personal hardship with their work hours may request an accommodation from their Department Head. A “hardship request” shall be limited to an employee’s authorized hours of work. An accommodation shall be considered only after the employee has exhausted all other personal options to resolve the hardship.

If the employee is unable to resolve their problem, the employee may request an accommodation from their Department Head by submitting a hardship claim. The Department Head may authorize an accommodation after reviewing the claim or assign a manager to investigate and recommend a resolution of the hardship claim. The manager may recommend one of the following:

A. Approve an appropriate flex schedule that does not disrupt the department’s ability to deliver its services or that does not create disruption in the work unit; or B. Deny the employee’s proposed solution to resolve the hardship; or C. Reassign the employee to a 5/40 work schedule.

The Department Head may accept any one of the manager’s recommendations or advance their own to resolve the hardship.

D. Hardship Claims . The following process shall apply to employees on a 9/80 schedule with hardship concerns:

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1. Employees shall be required to explore and exhaust all personal options to resolve the hardship. The employee’s efforts to resolve t heir personal situation must be explained on the form.

2. An employee claiming an ongoing hardship due to the 9/80 work schedule should submit a hardship claim form to the Department Head through their manager. The Department Head may authorize an accommodati on after reviewing the claim or may assign a manager to investigate and recommend a resolution.

3. If, according to the employee, the hardship claim was not resolved through the Department Head’s recommendation, the employee may submit the claim form to the Human Resources Department. A Hardship Committee shall be established to assist in the resolution of hardship claims and meets on an as-needed basis. The Hardship Committee will review the claim and make a recommendation to the Department Head.

4. Hardship claims due to health reasons, either the employee’s or a dependent’s, must be supported by medical verification signed by the employee’s or dependent’s private physician.

5. In cases where a hardship exists, as determined by the Hardship Committee, efforts wi ll be made to identify alternatives with due regard to the employee’s request but, with particular concern to the needs of the department. The Department Head has final approval on any work schedule adjustment.

6. If transferred or reassigned to a different department and a hardship continues, a new hardship claim must be filed with the new Department Head.

7. It is the employee’s responsibility to notify their supervisor if the hardship terminates and return to the normal 9/80 work schedule.

Inconvenience or preference does not constitute a hardship.

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ARTICLE V

5.0 SALARIES
Basic Compensation Plan. There is hereby established a basic compensation plan for all full-time employees who are now employed or shall in the future be employed in any of the designated classifications of employment represented by CASA as listed in this MOU and its attachments.

Salary Schedule. The basic salary schedule contains numerous salary rate ranges, each comprised of six (6) steps or rates of pay.

The steps within each rate range are identified by the letters “AA” through “E” inclusive, with Step “AA” being the lowest step in the range.

Step “AA” is the normal beginning pay rate.

Step “A” is an automatic increase after the completion of six (6) months of service in Step “AA”.

Steps “B” through “D” are automatic step increase after the completion of twelve (12) months of service.

Step “E” is a performance based step increase which an employee may be eligible to receive after the completion of twelve (12) months of service in Step “D”.

The assignment of classifications to salary rate ranges is listed in Exhibit A of this MOU and the City’s salary schedule, as periodically updated and published by the City.

Salaries.

A. Effective the first full pay period following Council adoption of this 2022-2025 MOU, classifications represented by this MOU shall receive a base salary increase of three percent (3%).

B. Effective the first full pay period after July 1, 2023, classifications represented by this MOU shall receive a base salary increase of three percent (3%).

C. Effective the first full pay period after July 1, 2024, classifications represented by this MOU shall receive a base salary increase of three percent (3%).

D. All active employees in the Association as of City Council approval of this 2022- 2025 MOU will receive a lump sum payment of three thousand three hundred dollars ($3,300.00) effective the first full pay period following City Council approval of this 2022-2025 MOU.

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E. During the term of this 2022- 2025 MOU, it is the City’s intent to move from twenty-four (24) to twenty-six (26) pay periods. The parties acknowledge and agree that a change in the number of pay periods is a meet and confer issue. Once the City is ready to move forward, it will provide its proposal to the Association and the parties agree to promptly meet and confer on the issue. The parties acknowledge that such a change will require modification to language in several provisions of this 2022-2025 MOU.

Application of Basic Compensation Plan. The salary rate ranges discus sed in Section 5.2 are monthly salary rate ranges. All employees working in classifications covered by this MOU shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of les s than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of their employment. The regular rate of pay shall be computed as provided for by the FLSA.

Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate plus any applicable premiums by one hundred seventy - three and thirty -three hundredths (173.33). In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in an even one-half (1/2) cent shall fix the rate at the next higher whole cent.

Probation. Except for employees in the Excepted Service as defined by the City Charter, and employees re-employed from re-employment lists, the probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire) or a reappointment eligible list (rehire) and six (6) months from the date of appointment from a promotional eligible list. Effective the date of City Council adoption of this 2022- 2025 MOU, the probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire), reappointment eligible list (rehire), and promotional eligible list.

Beginning Rates. A new employee shall be paid the rate shown as Step “AA” in the salary rate range allocated to the classification of employment for which they have been hired. In special instances where such new employee possesses unique and exceptional educational training and/or experience qualifications, the Department Head, under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step “A,” “B,” “C,” “D” or “E” within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of their service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the employee shall be entitled to advance to the next salary step in accordance with the provisions of this Article.

Service. The word “service” as used in this MOU shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in a higher classification, or service in a classification allocated to the same salary rate range and having generally similar duties and requirements.

Employees hired after t he first (1st) working day of the month shall not be credited with

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“time in service” for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purposes of this MOU, and such employee reentering the service of the City shall be considered as a new employee, except when they are being or will be reappointed as provided in the Santa Ana Municipal Code Section 9- 114 within one (1) year and placed in the same salary step in the appropriate salary rate as they were at the time of termination of employment. “Resignation, quit, or discharge” for purposes of this section shall mean separating from full-time City employment altogether, not leaving one (1) position to accept appointment to another position in an unrelated classification outside the career ladder.

Advancement within Ranges.

A. Length of Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step “AA” to Step “A,” from Step “A” to Step “B,” from Step “B” to Step “C,” or from Step “C” to Step “D,” whichever is the next higher step to that on which the employee has been previously paid, effective the first day of the month following the date of completion of the length of service required for such advancement a s provided in Section 5.2.

Effective the first full pay period following City Council approval of this 2022- 2025 MOU, the effective date of the step increase, shall be the first (1st) day of the pay period following the date of completion of the length of service required.

B. Merit Advances. An employee shall be considered for advancement from Step “D” to Step “E” upon the completion of the required length of service as provided in Section 5.2; the effective date of such merit increase, if granted, shall be on the first (1st) day of the month following the completion of such required length of service.

Advancement to Step “E” may be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of their position.

Effective the first full pay period following City Council approval of this 2022- 2025 MOU, the effective date of such merit step increase, if granted, shall be the first (1st) day of the pay period following completion of one (1) year of service at the step from which said employee is being advanced.

Such merit advancement shall require the following:

1. There shall be on file in the office of the Executive Director of Human Resources a copy of each periodic performance appraisal report required to be made on the employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to their last salary advancement.

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2. The Department Head, at least twenty (20) calendar days, prior to the anticipated completion of such employee’s required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Department Head as to such recommendations and of the reasons therefore.

3. No advancement in salary above Step “D” shall become effective until approved by the City Manager, except when placement on a salary step above Step “D” results from promotion under the provisions of Section 5.10 of this Article.

4. Notwithstanding the foregoing provisions of this subsection to the contrary, a merit “E” step advance shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed, the effective date of such merit step advance shall be retroactive to the first (1st) day of the month following the completion of the required length of service.

Effective the first full pay period following City Council approval o f this 2022-2025 MOU, the effective date of such merit step advancement shall be retroactive to the first full pay period following the completion of the required length of service.

C. Length of Service Required When Advancement Denied. When an employee has not been approved for advancement to merit Step “E,” they may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in Sections 5.8(B)(2) and 5.8(B)(3).

Reduction in Salary Steps . Any employee who is being paid at merit Step “E” may be reduced to Step “D” of the appropriate salary range, upon the recommendation of the Department Head, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 5.8, and such employee may be considered for re -advancement under the same provisions as contained in Section 5.8(C).

Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, they shall be reassigned to Step “AA” in the appropriate salary rate range for the higher classification; provided, however, that if the base salary step currently being paid such employee is already equal to or higher than Step “AA,” they shall be placed in the lowest step in the appropriate salary rate range as will grant that employee a minimum increase of five percent (5%) over their current base salary step, inclusive of lead pay, and exclusive of any other assignment or special pa y additive or additives such as bilingual pay, shift differential, special skill pay or the like, except when placement at “E” step will not be sufficient to provide a five percent (5%) increase.

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Demotion. When an employee is demoted to a position in a lower classification, their salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions:

A. The salary rate shall be reduced by at least one (1) salary step (approximately five percent (5%)).

B. The new salary rate must be within the appropriate salary rate range.

C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had their service time in the higher classification been spent in the lower classification.

D. If the salary rate recommended by the Department Head is lower than the maximum step permissible under Section 5.11(C), such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in acc ordance with the provisions for salary reductions in Section 5.9.

Reallocation of Salary Rate Ranges . Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as they had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step.

Request for Classification Review. Any employee who, for a continuous period exceeding six (6) months, believes they are regularly and consistently performing duties and/or responsibilities not in conformance with their classification concept or, duties and/or responsibilities of another classification, may request a classification review of their position through their supervisor to the Department Head. The employee must submit their request on a form specified by the Executive Director of Human Resources, outlining in writing how they believe their cu rrent duties and/or responsibilities differ from their classification concept.

A. The Department Head shall review the employee’s submitted request and within sixty (60) days shall make one of the following determinations:

1. Will support the employee’s request.
a. If the Department Head supports the employee’s request for a classification review, they shall forward the request to the Executive Director of Human Resources along with justification for support of the employee’s request.
b. The Department Head shall notif y the employee that their request has been submitted to the Executive Director of Human Resources.

2. Will not support the employee’s request.

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a. If the Department Head does not support the employee’s request for a classification review, they shall notify the employee of this decision in writing and set forth the basis for the decision. b. If the Department Head does not support the employee’s request, but agrees that some of the duties and/or responsibilities being performed by the employee are those of a higher level City classification, they can do the following:
i. Return the employee to performance of the duties and/or responsibilities of their proper classification.
ii. Eliminate the higher duties and/or responsibilities being performed by the employee, for which the City has agreed are those for which it shall provide higher compensation.

B. Any employee request for classification review approved by the Department Head shall be forwarded to the Executive Director of Human Resources. The Executive Director of Human Resources shall confirm receipt of the request in writing to the employee. Within sixty (60) days of receipt of the request, the Executive Director of Human Resources shall notify the employee and Department Head of the decision as to whether a study will be c onducted. If the Executive Director of Human Resources determines that a study is appropriate, the Executive Director of Human Resources shall so notify the employee and the Department Head in writing and shall provide the employee and Department Head wit h an approximate start date for the study.

C. All determinations of the Department Head and the Executive Director of Human Resources are final.

D. All studies and study findings shall require City Manager approval before proceeding.

E. All recommendations resulting from study findings require the approval of the City Council and shall be implemented in accordance to the City’s Civil Service rules.

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ARTICLE VI

6.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
Assignment Pay Differential.

Assignment pay differentials, as listed herein and throughout the MOU, shall, in each case, be added individually and separately to the employee’s base salary. In no event shall one (1) assignment pay differential be added to the employee’s base salary as a basis for the calculation of an additional pay differential.

A. Employees who are assigned by a Department Head, with the prior approval of the City Manager, to a position requiring the ability to take dictation at a rate of seventy (70) words per minute or better on a regular basis or as an essenti al or integral element of the work of the position, shall be paid a monthly differential of sixty dollars ($60) above their then current base monthly salary step for each full month of such assignment.

B. Full-time incumbents who are required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly pay premium of forty dollars ($40) above their then current base monthly salary step.

Lead Pay. Incumbents who are regularly and continuously assigned to lead a functional unit which includes two (2) or more positions in the same or lower classifications as the incumbent may be compensated for such duties upon mutual agreement of the City and CASA and approval of the Department Head and the Executive Director of Human Resources. This compensation shall be referred to as “lead pay” and shall be calculated at a rate five percent (5%) above the employee’s then current base salary step.

In addition, incumbents who are regularly and continuously assigned to perform lead supervisory responsibilities shall receive lead pay compensation at a rate five percent (5%) above their then current base monthly salary step.

Bilingual Pay. An employee who is assigned by a Department Head or their designee to a position requiring bilingual capability in both English and either Spanish, Samoan, Vietnamese, or other languages designated by the City Manager, shall be paid a monthly assignment pay differential in accordance with the criteria and amounts set forth below:

A. The employee must be certified by the Executive Director of Human Resources, or their designee, as having satisfactorily demonstrated conversational fluency in both English and the second language for any position requiring bilingual capacity.

B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being

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performed, shall be designated as Primary Bilingual Assignments. A qualified incumbent of such position shall be paid a monthly differential of one hundred seventy-five dollars ($175) above their then-current base monthly salary step.

C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential or integral element of the work, shall be designated as Secondary Bilingual Assignments. A qualified incumbent of such position shall be paid a monthly differential of forty dollars ($40) above their base monthly salary step for each full month of such assignment.

D. The number of such Primary and/or Secondary Bilingual Assignments shall be no larger than the requirements of the department as determined by the Department Head and the City Manager.

E. Employees who receive bilingual assignment pay at the time this 2022-2025 MOU is adopted by the City Council shall recertify their bilingual capability every three (3) years with the first recertification conducted beginning in July 2025. Employees who do not successfully pass required recertification examinations shall have their bilingual assignment pay removed. Unsuccessful employees may retake the required certification exam every three (3) months.

F. Employees who are initially certified for bilingual assignment pay after this 2022 - 2025 MOU is adopted by the City Council shall recertify their bilingual capability every three (3) years after the date of initial certification. Employees who do not successfully pass required recertification examinations shall have their bilingual assignment pay rem oved. Unsuccessful employees may retake the required certification exam every three (3) months.

G. All assignments to positions set forth in this Article shall be made or revoked at the discretion of the Department Head.

H. If the City modifies the amount of bilingual pay for any other bargaining unit during the term of this MOU, CASA agrees to form a Joint Labor Management Team with the City to review bilingual pay provisions and assignments (see also Section 21.3).

Shift Differential.

A. Generally. An employee who is continuously and regularly assigned to a schedule of work which requires that they actually work a minimum of four and one-half (4 1/2) hours between the hours of 5:00 p.m. and 7:00 a.m., shall be paid a shift differential for their entire work shift at a rate set five percent (5%) higher than their then-current base monthly salary step.

B. S tandby Pay. Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. S uch

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employees shall receive two hundred dollars ($200) per week when assigned to be on standby duty.

Acting Pay. Acting pay shall be defined as the temporary assignment of an employee to perform work of a job class which is assigned to a higher salary schedule than their regular job class. An employee who is temporarily appointed by the Executive Director to serve in an acting capacity for two (2) weeks or more and who is responsible for the full range duties and responsibilities assigned to the higher level classification, shall receive a five percent (5%) increase or the minimum salary of the higher level classification (whichever is higher) for all time worked in the higher job classification.

A. Employees temporarily assigned to serve in an acting capacity of a supervisor or manager classification for two (2) weeks or more and who is responsible for the full range of duties and responsibilities assigned to the supervisor or manager position shall receive a ten percent (10%) increase above their base salary step or the minimum salary of the supervisor or manager classification (whichever is higher) for all time worked in the higher job classification.

B. An employee must be qualified (i.e. meet the minimum qualifications) for the higher position in order to be paid for acting pay. The determination of those persons qualified for work in higher ra ted classifications shall be established and determined by the Executive Director of Human Resources or designee.

1. The Executive Director of Human Resources or designee’s determination is final and binding and shall not be appealable.

C. Non-permanent employees (probationary, seasonal, temporary, limited- term, etc.) shall not be eligible for acting pay.

D. In computing qualifying service rendered, only full -days shall be computed for acting pay, and partial days shall not be combined to make full days.

E. Each assign ment may be terminated at any time, but in no event shall such assignment continue beyond one hundred and eighty (180) calendar days or nine hundred and sixty (960) hours each fiscal year, whichever comes first.

Confidential Premium - An employee who is routinely and consistently assigned to sensitive positions by a Department Head, involving labor negotiations which require trust and discretion, in accordance with Government Code section 3507.5, will be paid at a rate set two and one-half percent (2.5%) above their then current base monthly salary step.

All assignments of personnel to positions set forth in Sections 6.1 through 6.6 above shall be made or revoked at the discretion of the Department Head.

Career Development Incentives . Employees hired in a c lassification which requires a specialized certificate as a prerequisite to hiring, either upon appointment or by the time of the employee’s passage of probation (“regular appointment”), shall not be eligible for career incentive pay for that prerequisite certificate. However, they shall be eligible for

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career incentive pay for any other certificates approved for their classification. In no event shall the application of this Career Development Incentive provision result in an individual being eligible to earn more than twelve and one-half percent (12.5%) above their current monthly base salary step.

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ARTICLE VII

7.0 OVERTIME
General Policy for Overtime Work. When it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Department Head, or a duly authorized representative of the City Manager or the Department Head, may require an employee to perform overtime work.

Definition. Overtime work for those on a 5/40 work schedule is defined as:

A. That authorized or required time worked in excess of the normal workday, tour of duty, or workweek schedule for the particular classification and organizational unit of an employee. A workweek is a fixed and regularly recurring period of one hundred sixty-eight (168) consecutive hours –seven ( 7) consecutive twenty-four (24) hour periods - as designated by the appointing authority. An employee’s work schedule within the workweek shall not be changed to avoid payment of overtime; provided, however , nothing shall abridge management’s right to establish and change work schedules and assignments in accordance with the rights of management contained in Article XIX.

B. Work on observed holidays or work on any regularly scheduled non- work day of which there shall be two (2) per week, if work on any regularly scheduled non-work day is worked at management’s direction.

Computation of Forty (40) Hour Workweek. In computing the forty (40) hour workweek, the following type of work hours shall be included in the computation: actual work time, jury/witness leave, and bereavement leave. Any combination of these work hours in excess of eight (8) hours per day (except for employees on a 4/10 or the 9/80 work schedule) or forty (40) hours per week shall entitle the employee to overtime compensation.

Paid time off for vacation leave, all unpaid leave, Association release time and compensatory time off shall not be credited towards the forty (40) hour workweek. No employee shall work overtime hours unless authorized by t he department head or their designee.

All FLSA nonexempt employees working under the “9/80” work schedule shall earn overtime for all hours worked after the first forty (40) hours in a FLSA work week as required under FLSA. Should the City modify the ma nner by which it pays overtime (FLSA) to members of other miscellaneous bargaining units, CASA agrees to reopen this topic for discussion.

Compensation for Overtime.

A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one -half (1 1/2) times the employee’s regular rate of pay, subject to the provisions of Section 7.5(C).

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B. Should the Department Head determine that the best interests of the City will be served thereby, they or their designee may permit an employee to be compensated for overtime work by taking paid compensatory time off in lieu of monetary compensation.

C. Employees shall have the option with Department Head approval to convert a maximum of eighty (80) hours of time and one-half paid overtime (in compensation for fifty-three and one-third (53 1/3) overtime hours worked) to time and one -half compensatory time off benefits. Such compensatory time off shall be taken at the discretion of the employee when requested at least seventy -two ( 72) hours in advance, provided it does not unduly disrupt the operations of the agency. If the Department Head or their designee subsequently denies the requested compensatory time off, the employee and department shall mutually agree on a future date within one (1) year when the employee can use the paid compensatory time off. If the requested compensatory time off is not used within that one (1) year, such compensatory overtime will be paid off in cash.

D. The compensatory time bank for employees has a maximum accrual limit of one hundred and sixty (160) hours.

E. Because each hour of overtime worked is accrued on a time and one -half basis, compensatory time off shall be taken, and monetary payment shall be paid, on a straight-time basis. Also, upon termination, any earned, unused compensatory time off (“time-on-the-books”) shall be paid on a straight-time basis.

F. Time off with pay to compensate for overtime worked may be taken in increments as small as a half (1/2) hour.

G. If compensatory time off is used in excess of that available, such excess compensatory time off shall first be deducted from any available vacation benefits, after which it shall finally be deducted from the next scheduled wage or salary payment.

H. Time off with pay as compensation for overtime may not be granted or t aken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted.

I. Upon an employee’s appointment to a position in which overtime may not be earned or upon an employee’s separation from employment with the City by resignation, retirement, layoff , or otherwise, they shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation.

No Effect on Other Benefits . Overtime work shall not apply to the earning of employe e benefits (retirement, holidays, vacation accrual, sick leave accrual, and employee insurance

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benefits), toward the completion of probationary period, or to progression within salary rate range.

Overtime Work to be Minimized. To the extent that they are reasonably able to do so, the Department Head or their designee shall arrange work programs to minimize overtime work. Necessary overtime work shall be apportioned among employees of like classification and assignment.

Call-Back Duty . An employee who is recalled to active duty from off -duty, shall be entitled to overtime pay at the rate of one and one-half (1 1/2) times the normal hourly pay rate for such employee for time actually worked after reporting to the place of duty, or three (3) hours pay at the normal rate of pay, whichever is greater.

Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake, strike, riot, or other catastrophe or emergency which directly affects city operations or the welfare of the City’s citizens, the City Manager may declare a state of emergency to exist. Upon the declaration of a state of emergency, the City Manager may require any or all regular full-time employees of the City to work overtime or off -shift as they shall determine, to protect life and property within the City.

Applicability of Fair Labor Standards Act. The parties agree that if the applicability of the Fair Labor Standards Act to local governmental entities is eliminated by either legislative or judicial action, they shall meet and confer regarding any proposed changes to this MOU; however, no such changes shall be made except on mutual agreement.

Reopener. If, during the term of this MOU, the City modifies the manner in which it pays overtime (pursuant to the Fair Labor Standards Act), the City and CASA agree to reopen this provision of the MOU and commence discussions regarding the City’s modifications to overtime payments.

Court Appearance . Compensation for court appearance by employees covered by this MOU shall be as follows:

A. For each required court appearance made by an employee during their off-duty time in regard to City business, the employee shall be paid overtime for the period of time from their arrival at court until they are released from court or the court session closes for that day. However, in no case shall an employee receive less than two (2) hours overtime for a court appearance during their off-duty hours. If separate court appearances are made both in the morning and afternoon of a particular day, a minimum of two (2) hours overtime shall be allowed for each session attended.

If the employee is not released from a morning session and must remain available for afternoon court, the employee shall be paid overtime for all hours the court is in session that day.

The employee must provide a copy of the subpoena requiring their attendance to initiate payroll procedures.

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B. A subpoenaed employee scheduled to appear in court on City business during off - duty time may be placed on standby status by the Department Head or th eir authorized representative if the employee can respond to the court, if called, within sixty ( 60) minutes of the employee’s notification. In the event such off -duty employee is on standby status during any court session and is not required to appear in court, such employee shall be compensated two (2) hours on a straight time basis, for each court session. Such employee may elect, in lieu of paid time, two (2) hours of compensatory time off for standby time and not appearing in court, with the approval of the Department Head. If such off -duty employee on standby actually appears in court, they shall be compensated as provided in Section 7.12(A).

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ARTICLE VIII

8.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
Purpose.

A. To encourage the employees of the City of Santa Ana t o take college courses and special training courses which will better enable them to perform their present duties and prepare them for increased responsibilities.

B. To provide financial assistance to eligible employees for education and training.

C. To establis h eligibility requirements, conditions and procedures whereby such assistance may be provided.

Eligibility.

A. Applications for tuition reimbursement shall be considered only from full -time, permanent City employees who have completed the probationary work test period.

B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G.I. Bill, scholarships, etc.

C. Applications shall be approved only for courses directly related to the employee’s job or directly related to a promotional position in the employee’s occupational specialty.

D. Courses not ostensibly related to the employee’s job, but which are required to qualify for a degree that is directly related to their job, may be reimbursable only after all required occupationally related courses have been completed.

E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than “C” for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted.

F. Approval shall be limited to courses given by accredited colleges and universities, community colleges, or adult education courses under the sponsorship of a Board of Education. Workshops, seminars, conferences , and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fa ll within the purview of this program but may be authorized and funded by the interested department without coordination with the Human Resources Department.

G. When an employee is required by their Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department.

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Reimbursement.

A. Reimbursement shall be based on the cost of tuition, required enrollment/registration fees, miscellaneous fees (health, parking, student union fees, etc.) , and all required texts, eBooks , and related material for each course.

Additional expenses such as meals are not reimbursable.

B. Costs for required texts are eligible for one hundred percent (100%) reimbursement subject to the following conditions:

1. A duplicate of the required text(s) and eBooks was unavailable for loan from the departmental libraries prior to the commencement of course work; or

2. Any textbook(s) purchased by the City shall be submitted to the employee’s respective departmental library in order that such text(s) may be made available to all employees.

C. Maximum tuition reimbursement is three thousand five hundred dollars ($3,500) per fiscal year, which the employee may claim either as costs are incurred during the year or as one (1) lump sum.

Procedures.

A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, an Application for Training and Educational Assistance form and submit it to their Department Head prior to the commencement of class(es) or the payment of fees for registration/tuition.

B. The Department Head shall recommend approval or denial based on established criteria and budgetary constraints, and then shall forward the application to the Executive Director of Human Resources
C. The Executive Director of Human Resources or their designee shall approve or deny the application for the City Manager. One copy shall be returned to the employee and one copy shall be retained by the Human Resources Department. It is advisable that the applicant accomplish the procedure so far described in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy prior to the inception of the course or disbursement of personal funds.

D. The employee shall submit their copy of the appr oved application to the Human Resources Department within three (3) months after they have completed the course and received their final grade. Such employee must include official verification of their final grade with appropriate receipts for tuition and textbook costs. These shall be returned to the employee upon request. Applications not submitted to the Human Resources Department within three (3) months following completion of the course become void.

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E. Upon receipt of the application and required documentation, the Human Resources Department shall determine whether the completed course of instruction is compatible with the provisions of this Article and shall compute the amount of reimbursement, authenticate the application and forward it to the employe e’s Department Head.

F. The Department Head shall then authorize the Finance & Management Services Department to reimburse the employee the approved amount out of the budget of the department concerned.

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ARTICLE IX

9.0 HOLIDAYS
Legal holidays observed by full-time employees are as follows:
o January 1 - New Year’s Day.
o Third (3rd) Monday in January - Martin Luther King, Jr.’s Birthday. o Third (3rd) Monday in February - President’s Day.
o March 31 – Cesar Chavez Day (effective the first (1st) holiday after City Council approval of this 2022-2025 MOU).
o Last Monday in May - Memorial Day.
o July 4 - Independence Day.
o First (1st) Monday in September - Labor Day.
o November 11 - Veterans’ Day.
o Fourth (4th) Thursday in November - Thanksgiving Day. o The Friday immediately following Thanksgiving Day.
o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof.
o December 25 - Christmas Day.
o Two (2) Floating Holidays - Any workday selected by the employee with prior permission of the employee's supervisor.
o Every day proclaimed by the Mayor of the City as a holiday for City employees. o Any holiday which falls on a Sunday shall be observed on the following Monday. o Any holiday which falls on a Saturday shall be observed on the Friday preceding the holiday.

Holidays - Shift Personnel and Employees on Alternate Work Schedules.

A. Full-time employees on a 5/40 schedule whos e regularly scheduled days off are other than Saturday and Sunday shall be entitled to receive fourteen (14) eight (8) hour working days off during the year in lieu of the holiday benefits specified in

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Section 9.1. Employees on a 9/80 or 4/10 work schedule shall be entitled to fourteen (14) holidays. Holidays shall be paid in accordance with the hours scheduled for the day the holiday falls on.

For employees on a 9/80 schedule:

If a holiday falls on a regularly -scheduled nine (9) hour workday (Monday, Tuesday, Wednesday, or Thursday), nine (9) hours of holiday time shall be paid.

If a holiday falls on a regularly -scheduled eight (8) hour workday (Friday), eight (8) hours of holiday time shall be paid.

If a holiday falls on an employee’s regularly-scheduled day off work, the employee shall receive credit for nine (9) hours of holiday time to be used in accordance with Section 9.2(B) or 9.6.

For employees on a 4/10 schedule:

If the holiday falls on a regularly-scheduled ten (10) hour workday, ten (10) hours of holiday time shall be paid.

If a holiday falls on an employee’s regularly-scheduled day off work, the employees shall receive credit for ten (10) hours of holiday time to be used in accordance with Section 9.2(B) or 9.6.

B. Substitute holidays may be scheduled by the Department Head or their designee, normally during the same month that the holiday is observed by other City employees. An employee entitled to time off in lieu of holidays shall receive that time off in proportion to their service at full pay in such capacity during the year.

Modified Holiday Schedule – Employees Assigned to the Library. Employees assigned to the Library shall, during the term of this MOU, observe holidays on the dates specified in Section 9.1.

A newly appointed employee must actually work at least one (1) day preceding the day a holiday listed in Section 9.1 actually occurs in order to receive credit for such holiday during the month in which it occurs.

An employee separating from the service of the City must actually work at least one (1) day following the day a holida y listed in Section 9.1 actually occurs in order to receive compensation for the holiday.

A newly appointed employee must complete six (6) months of continuous full-time service in order to receive credit for the Floating Holidays listed in Section 9.1 above.

Floating Holiday time off may be taken in half hour (1/2) increments.

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If a holiday falls on an employee’s alternating regularly scheduled day off, the employee must then take their holiday time off on the day before or after the regular scheduled holiday with supervisor and Department Head approval. Such holiday time is referred to as an “impact holiday”. If the employee cannot take their holiday off before or after the regular scheduled holiday off, the employee shall bank the hours of their regular workday (nine (9) or ten (10) hours) as holiday leave to be used at a later date with the supervisor’s approval.

Holiday benefits may not be carried over from one (1) calendar year to the next.

Mandatory Holiday Closure
A. Effective upon adoption of this MOU, City Hall and all other City departments (with the exception of the Police Department, Santa Ana Zoo, and select employees in Fleet Services Division) shall be closed for a mandatory winter holiday closure each year during the term of this MOU.

The parties agree to reopen this 2022-2025 MOU to discuss the potential payment for employees who are required to work during the holiday closure.

B. Dates of Closure
City Hall will be closed on the days between December 24 (except for years when December 24 falls on a Wednesday in which case City Hall will be closed starting on December 25) and January 1 each year. An employee regularly assigned to work on one (1) or more days during this time period shall use accrued paid leave (as set forth in Section 9.8(C)) for their regularly scheduled hours for each day they would otherwise have been scheduled to work.

During this time period, per Section 9.1 December 24 (except if it falls on a Wednesday in which case December 26 is the holiday), December 25, and January 1 (or the days these holidays are observed) are City holidays.

C. Additional Days Off During a Closure

1. Employees will need to choose from the options in this subsection to cover any additional regularly scheduled work days which are not City observed holidays.

2. Employees may use any of the following accrued leaves they have available to cover any additional day(s) off which may be required by the closure:
• Vacation
• Compensatory Time Off
• Impact Holiday Leave
• Floating Holiday

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3. Employees are not permitted to use sick leave for a holiday closure day unless they produce a physician’s certification for each day reported as sick leave. This additional certification is not required for employees with approved advance sick leave usage due to FMLA/CFRA/PDL (or any other protected leave).

4. Employees shall have the option of not using paid leave for any, or all, holiday closure day(s) and taking the day(s) off as an absence without pay.

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ARTICLE X

10.0 VACATION
Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose shall be used as a guide in the administration of the provisions of this Article.

Vacation Period.

A. Employees shall accrue vacation with pay on a monthly basis as set fort h in the following table.

Completed
Years
Annual
Vacation
Hours
Accrued
Monthly
Accrual
Rate
1 80 6.67
2 80 6.67
3 120 10.00
4 120 10.00
5 120 10.00
6 124 10.33
7 128 10.67
8 132 11.00
9 136 11.33
10 140 11.67
11 144 12.00
12 148 12.33
13 152 12.67
14 156 13.00
15 160 13.33
16 168 14.00
17 176 14.67
18 184 15.33
19 192 16.00
20 or more 200 16.67
B. An employee who has completed less than one (1) year of service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to their credit during the year; provided, however, no employee shall be

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entitled to, or receive payment for, any vacation until they have completed six (6) months of continuous service.

C. On or after the first (1st) day of the month following completion of six (6) months of continuous full -time service, an employee may be allowed to take all or a proportionate fraction of their earned vacation, subject to scheduling approval of the employee’s supervisor.

D. Vacation time off may be taken in increments as small as one-half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one-half (1/2).

E. Computation of Vacation.

1. In computing vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had they not been on vacation, shall be deducted from the computation so that one (1) additional day of va cation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee suffer a sickness or injury while on authorized vacation, each full day of such sick leave, when confirmed by a physician's statement and approved by the Department Head, may be deducted from the computation of vacation expended and charged against the employee’s accumulated sick leave.

2. No employee shall have a right to accumulate or split their vacations, but the same may be allowed or required by the Department Head. The time at which an employee shall take their vacation shall be determined by the Department Head, with due regard for the wishes of the employee and particular regard for the needs of the City to provide basic services.

3. A period of earlier service does not apply toward vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9- 114 of the Civil Service Rules and Regulations, or by reemployment from layoff within one (1) year. Leave of absence without pay, as provided in Section

11.1(E) (Sick Leave - Extended), Section 11.8 (Authorized Absence Without Pay - Long Term) and Section 21.2 (Catastrophic Leave Donation) herein, does not constitute a break in continuous service as used in this section; however, the leave of absence period shall not be applied toward the accumulation of vacation. Absence on military leave followed by reinstatement, as provided in Section 9- 143 of the Civil Service Rules and Regulations, does not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of vacation.

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F. Vacation Buy-Back.

1. Through December 31, 2023
Employees are eligible to require the City to buy back up to eighty (80) hours of their banked vacation per calendar year.

2. Effective January 1, 2024 and continuing every year thereafter a. If an employee wants to cash -out unused vacation leave they accrued during the calendar year, they must make an irrevocable election by December 15th of the prior calendar year (i.e. by December 15, 2023 for a cash-out in calendar year 2024). b. The irrevocable election must indicate the amount of vacation hours the employee intends to cash-out during the next calendar year.

The number of hours to be cashed -out cannot exceed the total number of hours the employee will accrue during that same calendar year, or a maximum of eighty (80) hours, whichever is the lesser amount.
c. Once the election form is submitted to Human Resources, the amount of hours to be cashed- out cannot be changed for that calendar year.
d. Employees may submit a request for cash -out up to two (2) times per year for payment the pay period which includes July 1 and/or December 15.
e. In the event an employee’s vacation leave balance (on either pay period when they can elect to cash -out) is less than the amount of hours the employee had previously elected to cash- out (in the prior calendar year), the employee wi ll only receive payment for the amount of accumulated vacation leave remaining at the time of the cash-out in either July or December.
f. If an employee makes an irrevocable election to cash -out vacation in the following calendar year and uses vacation leave during that subsequent calendar year, the vacation leave used will first come from vacation leave the employee had earned (if any) prior to January 1st of the calendar year the employee had elected to cash - out. The use of such earned, but unused, vacation leave accumulated from previous calendar years shall not result in a reduction in the amount of vacation hours the employee is eligible to cash-out.

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Limitation on Vacation.

A. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days (four hundred (400) hours) in any one (1) year.

Vacation Carry-Over
A. No employee may carry over from one (1) calendar year to the next, more than the maximum vacation carryover as set forth in the following table. Any vacation not used beyond the maximum carryover amount from year to year is forfeited, meaning that no pay shall be received for such unused vacation at any time. With respect to any vacation forfeited in this manner, this provision constitutes a waiver of any rights to vested vacation benefits under California Labor Code section 227.3.

B. In no way is the maximum vacation carryover for each calendar year as set forth in the table below meant to be considered a cap on hours an employee can accrue throughout the calendar year.

Completed
Years
Max
Carryover
1 80
2 160
3 200
4 240
5 240
6 244
7 252
8 260
9 268
10 276
11 284
12 292
13 300
14 308
15 316
16 328
17 344
18 360
19 376
20 392
21 400
22 400
23 400
24 400
25 400

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Excess Usage. If vacation time off is used in excess of that available, such excess vacation time off will, first, be deducted from any available compensatory time off accrual and if none, then from the next scheduled salary payment.

Effect of Extended Sick Leave on Vacation Accrual . Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for vacation accrual purposes.

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ARTICLE XI

11.0 OTHER LEAVES OF ABSENCE
Sick Leave.

A. Definition. Except as otherwise pr ovided below, sick leave shall be deemed to mean absence from duty of an employee because of illness, injury, medical, or dental appointment that prevents the employee from performing the duties of their position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease.

B. A
ccrual . Each employee shall be entitled to, and shall earn, one (1), eight (8) hour working day of sick leave for each full calendar month of service in which they are employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave. Subject to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used.

C. A
uthorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows:

1. Sick leave is not a right which an employee may use at their discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Section 11.1(J).

2. When an accepted industrial illness or injury has caused an employee’s absence, for which benefits are required under the State Workers’ Compensation Insurance and Safety Act, paid sick leave shall be allowed such employee during the first three (3) days of the statutory waiting period.

If the workers’ compensation related illness or injury continues p ast the initial three (3) consecutive days, the employee shall have the three (3) used sick days recredited to their account if the employee remains off work longer than fourteen (14) days. Paid sick leave shall continue until the fourth (4th) day when the City pays the employee workers’ compensation benefits for such illness or injury. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they shall be advanced sick leave for this purpose. Subsequently, the City shall deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City shall deduct the unrecovered cost of sick leave from such terminated employee’s final paycheck, to the extent possible.

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The City may authorize employees to use sick leave, vacation, or compensatory time for approved workers’ compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee’s regular workday, and salary continuation or workers’ compensation benefits are not available.

D. Limit.

1. For all employees in the bargaining unit or who are currently employed by the City in a full-time position at the time of City Council approval of this 2022-2025 MOU, the maximum total accumulation of sick leave with pay shall be two hundred (200), eight (8) hour working days equal to sixteen hundred (1,600) hours.

2. For employees hired as new employees from outside the City into this bargaining unit after the date of City Council approval of this 2022-2025 MOU, the maximum amount of sick leave they may c arry over into a calendar year is three hundred and fifty-two (352) hours.

Any sick leave accrual above three hundred and fifty -two (352) hours (up to ninety-six (96) hours) will be converted into an employee’s Retirement Health Savings (“RHS”) Plan account during the first full pay period in January of each year.

3. Sick leave us age of less than a full day shall be charged in minimum increments of one-half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one-half (1/2).

E. Extended. The City Manager may grant leave up to six (6) months without pay to an employee who has exhausted all of their accrued sick leave if a licensed physician designated by the City Manager indicates that the employee shall be sufficiently recovered to return to their employment within a six (6) month period.

Prior to the expiration of the additional time, the employee may return to their position provided that the employee has a certificate from a licensed physician stating that the employee is able to perform all the duties of their position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay.

F. E
xtension by Use of Accrued Compensatory Time Off and/or Vacation. After an employee’s sick leave has been exhausted, they may be granted permission to use, first, any unused compensatory time off benefits, then, any unused vacation leave benefits they may have accrued.

G. N
otice . The employee taking sick leave shall notify their immediate supervisor either prior to or within four (4) hours after t he time they are scheduled to report for duty, or as otherwise established by departmental regulations. When the absence is more than three (3) consecutive working days, the employee must

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present to their Department Head a physician’s certificate stating that, in the physician’s opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work.

A physician’s certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration less than three (3) days.

H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self -inflicted or caused by willful misconduct; or, sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

I. E xcess Usage. If sick leave is used in excess of that due and available an employee, such excess sick leave will, first, be deducted from any available compensatory time off benefit; second, from any available vacation leave benefit; finally, deducted from the next scheduled salary payment.

J. N
ecessity Leave. Each employee shall be afforded the opportunity to use up to forty-eight (48) hours of sick leave per calendar year, on a non- cumulative basis, as personal necessity leave. All of this personal necessity leave may be used to attend to an illness of a child, parent, or spouse of the employee. As used in this section, “child” means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; “parent” means a biological, foster, adoptive parent, a stepparent, a person who stood in loco parentis when the employee was a minor child, or a legal guardian; and “immediate family” means any member of the employee’s household related by blood or marriage, a parent, parent-in-law (including biological, adoptive, foster, stepparent, and legal guardian), spouse, registered domestic partner, child, brother, sister, grandparent, or grandchild of the employee, regardless of residence, or any other relative of the employee by blood or marriage, where it can be established by the employee that the employee’s presence is required to handle emergency arrangements and/or other matters.

Up to three (3) days of this personal necessity leave may be used:

1. To attend to a serious accident to members of the employee’s immediate family;

2. For childbirth;

3. To cope with imminent danger to the employee’s family, home, or other valuable property;

4. When the existence of external circumstances beyond the employee’s control make it impossible for them to report for duty; or

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5. To attend to medical or dental appointments for members of the employee’s household.

For the purposes of this section only, a “day” shall be defined as the number of hours of work that an employee is required to work according t o their specific workday schedule.

K. Payment for Unused Sick Leave. For all employees in the bargaining unit who are currently employed by the City in a full- time position at the time of City Council approval of this 2022-2025 MOU:

1. Except in cases of disability retirement, upon non -disciplinary termination of employment payment of all unused sick leave shall be deposited in the employee’s individual (RHS) account or 457 deferred compensation account.

2. After ten (10) years of cumulative full -time service with the City, each qualified employee shall be entitled to payment for fifty percent (50%) of the total sick leave benefit credited into either, 1) their individual RHS account or, 2) their individual 457 deferred compensation account, upon the effective date of such termination, not to exceed a maximum limit of six hundred forty (640) hours, at the base rate of pay effective on the date of such termination.

3. Payment after fifteen (15) years. Affected employees who have completed fifteen (15) years of cum ulative full- time service with the city shall be entitled to payment for fifty percent (50%) of the total accrued unused sick leave benefit credited into either, 1) their individual RHS account or, 2) their individual 457 deferred compensation account, upon the effective date of their termination, not to exceed a maximum limit of eight hundred (800) hours, at the rate of base pay effective on the date of such termination.

4. P ayment after twenty ( 20) years. Affected employees who have completed twenty (20) years of cumulative full- time service with the city shall be entitled to payment for sixty- six and sixty -seven hundredths percent (66.67%) of the total accrued unused sick leave benefit credited into either, 1) their individual RHS account or, 2) their individual 457 deferred compensation account, upon the effective date of their termination, not to exceed a maximum limit of one thousand sixty-seven (1,067) hours, at the rate of base pay effective on the date of such termination.

5. P ayment after twenty -five ( 25) years. Affected employees who have completed twenty-five (25) years of cumulative full -time service with the City shall be entitled to payment for one- hundred percent (100%) of the total accrued unused sick leave benefit credited into either, 1) their individual RHS account or, 2) their individual 457 deferred compensation account, upon the effective date of their termination, not to exceed a

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maximum limit of one thousand six hundred ( 1,600) hours, at the rate of base pay effective on the date of termination.

6. Employees who notify the City, in writing, of their intent to retire in twelve (12) calendar months from the date of retirement shall be allowed to cash out any eligible sick leave bank balances ( Sections 11.1( K)(1) through

11.1(K)(5)), upon request. Employees shall receive payment the first paycheck in January after the request has been made. If the employee cashes out their eligible sick leave bank balances prior to retirement and subsequently does not retire from the City, all future sick leave accrual for the employee shall be subject to the same cash out provision elected and will be processed on the final paycheck. All combined cash outs cannot exceed what the employee would have b een entitled to if the cash out was processed on the final paycheck only.

7. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of one-third (1/3) of the total sick leave benefit credited to the employee’s account at the time of their death, and at the rate of pay effective on the date of death.

L. California’s Healthy Workplaces/Healthy Families Act of 2014 (AB1522) also known as California’s Paid Sick Leave Law, required the City to provide paid sick leave to eligible employees upon oral or written request, within the parameters of the law, for the following purposes:
• Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee or an employee’s qualified family member; • Specified purposes for an employee who is a victim or domestic violence, sexual assault, or stalking.

Bereavement Leave.

A. An employee shall be granted up to three (3) working days leave without loss of pay in the case of a death of a member of the employee’s immediate family. Such leave is designated as bereavement leave. “Immediate family” as used in this section is limited to:

1. Any member of the employee’s household related by blood or marriage;

2. A parent, parent -in-law, stepparent, spouse, domestic partner, child, brother, sister, stepbrother, stepsister, grandparent , or grandchild of the employee, regardless of residence;

3. Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative’s death, the

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employee’s presence is required to handle funeral arrangements and/or matters of estate.

B. Effective January 1, 2023, employees shall be granted up to five (5) days of leave for the death of a member of the employee’s immediate family, as specified in Section 11.2(A). Three (3) of the days will be paid bereavement leave and the remaining two (2) days of leave may be unpaid, except that an employee may use accrued vacation, sick leave, or compensatory time.

C. Whenever an employee is required to travel one way more than five hundred (500) miles to attend to the death of a member of the employee’s immediate family, an employee may use up to sixteen (16) hours of additional leave charged to their Personal Necessity Leave balance when authorized by the Department Head.

Military Leave.

A. Proof of Orders and Reinstatements. An employee shall be granted military leave if they furnish the Executive Director of Human Resources satisfactory proof of their order to report for duty. Upon return and upon showing of proof of actual service pursuant to s uch orders, they shall be reinstated as provided in Section 9- 143 of the Civil Service Rules and Regulations of the City of Santa Ana.

B. T emporary . Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, shall be granted leave with pay not to exceed thirty (30) calendar days in each calendar year after one (1) year of service with the City upon presenting satisfactory proof of orders to and from such temporary active duties.

Jury and Witness Leave. When an on- duty employee is called to serve as a juror or non- party witness in any court action, they shall be allowed to leave for the time actually required for such service without loss of pay. E ach on-duty employee called for such service shall present to their Department Head for examination the subpoena calling them to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any.

If an employee is called to serve on jury duty during a normal Friday off, or a Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee’s day off work.

Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana shall be granted leave with pay for the time actually required without loss of any accrued vacation time off benefits.

Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Unauthorized absence from duty for a consecutive number of working hours equal to the number of working hours in the employee’s normal

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workweek (five (5) consecutive working days) may be deemed a resignation from City service; provided, however, if upon return to duty the person so absenting themselves makes an explanation satisfactory to the Department H ead regarding the cause of their absence, the Department Head may restore them to their position, with the City Manager’s approval.

Authorized Absence Without Pay - Short Term. Absence without pay not to exceed five (5) consecutive working days may be aut horized by the employee’s Department Head.

Absence without pay not to exceed fifteen (15) calendar days may be authorized by the Department Head with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Department Head it serves the best interest of the City.

Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status, plus action by the Department Head recommending approval of the request, the City Manager may grant a leave of absence without pay for up to six (6) months.

An employee returning to duty with the City shall inform the Department Head and the Executive Director of Human Resources of their intention at least thirty (30) calendar days prior to the expiration of the six (6) month period, or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the Department Head shall take steps necessary to restore the employee to their former position.

In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year leave of absence without pay.

Industrial Leave. Any period of time during which an employee is required to be absent from their position by reason of an industrial injury or industrial illness for which they are entitled to receive compensation shall not be considered a break in continuous service for the purpose of their right to salary adjustments or to the accrual of vacation and seniority.

Pregnancy Disability Leav e. A pregnant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth, or recovery therefrom. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted up to an additional two (2) months of leave, at the discretion of the City Manager, for a total of up to six (6) months in whic h to recover from the disability if substantiated by a physician’s certificate.

Employees may take an unpaid leave of absence during pregnancy disability consistent with the law.

As with all other temporary disabilities, a physician’s certificate is requir ed to verify the extent and duration of the temporary disability.

An employee who plans to take a pregnancy leave must give a reasonable notice (not less than four (4) weeks) before the date she shall take the leave and the estimated duration of the leave. Health and welfare insurance coverage shall be continued only if the employee

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pays a cash premium to continue coverage while on a leave of absence without pay or is covered under the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) provisions.

Paid Parental Leave. Effective the first full pay period following City Council approval of this 2022-2025 MOU, employees who have completed twelve (12) months of full -time employment with the City shall be eligible for paid parental leave with pay of up to eight (8) weeks for the birth, adoption, or foster of a child. Such leave shal l run concurrently with FMLA/CFRA. An employee who plans to take paid parental leave must give a reasonable notice (not less than four (4) weeks or as soon as practicable when a four (4) week notice is not possible due to the unexpected nature of the qualifying event) before the date they intend to take the leave and the estimated duration of the leave. This provision shall only apply to employees who begin a parental leave of absence effective on or after the first full pay period following City Council approval of this 2022-2025 MOU and shall not be applied retroactively.

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ARTICLE XII

12.0 EMPLOYEE INSURANCE
Health Insurance. The City shall contribute an allowance towards the employee’s Cafeteria Benefit plan for health insurance premiums for eligible employees and their qualified dependents under The Public Employees’ Medical & Hospital Care Act (PEMHCA) which governs the California Public Employees’ Retirement System (CalPERS) Health Insurance Programs pursuant to the provisions below:

A. For each such employee who is covered under a spouse’s non-City sponsored health plan, the City shall pay the employee a cash payment each month in an amount equal to fifty percent (50%) of the monthly premium amount for the City’s lowest “employee-only” coverage, if the employee waives, in writing, City-paid coverage.

If an employee waives City provided coverage, said employee shall provide proof of medical insurance coverage in a non-City-sponsored health plan.

Effective the first full pay period following City Council approval of this 2022- 2025 MOU, the City shall pay the employee a cash payment (subject to taxation as wages) each month in an amount equal to the City contribution for the “employee- only” coverage for medical, if the employee waives, in writing, City -provided coverage.

1. Effective January 1, 2022, the City will provide a monthly contribution to health insurance premiums at the following rates:
• Employee Only $804.00
• Employee +1 $1,457.00
• Employee + Family $1,850.00

2. Effective the first full pay period following City Council approval of this 2022-2025 MOU, the City will provide a monthly contribution to health insurance premiums at the following rates:
• Employee Only $904.00
• Employee +1 $1,557.00
• Employee + Family $1,950.00

3. Effective January 1, 2024, the City will provide a monthly contribution to health insurance premiums at the following rates:
• Employee Only $954.00
• Employee +1 $1,607.00
• Employee + Family $2,000.00

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4. Effective January 1, 2025, the City will provide a monthly contribution to health insurance premiums at the following rates:
• Employee Only $1,004.00
• Employee +1 $1,657.00
• Employee + Family $2,050.00
The above amounts are inclusive of the CalPERS statutory minimum which CalPERS determined and publishes each year.

B. Any contribution necessary to maintain benefits under City -sponsored medical plans in excess of the amount set forth above shall be borne entirely by the employee.

C. The parties recognize that certain State and Federal laws, programs and regulations, including the Affordable Care Act, may impact future medical plan offerings. In the event that reform measures enacted during the term of this MOU alter healthcare options, cost or other element s of healthcare services, thereby materially altering the provisions of this MOU, the parties agree that upon the request of either party the parties shall re -open Section 12.1 hereof regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare benefits hereunder. In addition, should State or Federal laws concerning the taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change.

Dental Insurance.

A. The Ci ty agrees to contribute towards the premiums for dental insurance plans provided by the City for employees covered by this MOU and their eligible dependents on the following basis:

1. Effective January 1, 202 2, the City shall contribute an allowance towards the employee’s Cafeteria Benefit plan for dental insurance premiums for eligible employees and their qualified dependents in the amount of one hundred ten dollars ($110) per month per employee.

2. Effective the first full pay period following City Council approval of this 2022-2025 MOU , the City shall contribute an allowance towards the employee’s Cafeteria Benefit plan for dental insurance premiums for eligible employees and their qualified dependents in the amount of one hundred thirty dollars ($130) per month per employee.

B. Any contribution necessary to maintain benefits under said dental plans in excess of the amount of the City contribution to the cafeteria plan specified above shall be borne entirely by the employee.

Vision Plan. The City shall maintain in effect its existing vision plan, for employees. All costs of the premium shall be paid by the employee.

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Long-Term Disability (L.T.D.) Insurance. The City shall pay one hundred percent (100%) of the premium cost for a sixty ( 60) day elimination period with a maximum benefit of seven thousand five hundred dollars ( $7,500) per month for a long -term disability insurance plan for employees.

Life Insurance. The City shall maintain in effect its existing life insurance plans covering employees, including term life insurance coverage for each affected employee in the amount of fifty thousand dollars ($50,000) plus fifty thousand dollars ($50,000) Accidental Death and Dismemberment (AD&D) coverage at no cost to the employee.

The City sha ll retain the right to change health, dental , and life insurance carriers, administer the insurance benefits provided thereunder, and select and/or change any excess or supplemental insurance carriers as a part of any self -insurance plan during the term of this MOU, provided that employees continue to receive equivalent benefits and provided that the parties have met and conferred before the benefits changes are made.

When there is a need to discuss matters relating to employee insurance and the City believes it would be beneficial to involve an Insurance Committee, CASA shall have an equal number of representatives as the City on such a committee, and the Committee shall meet as necessary.

Retirement Health Savings Plan . Employees participate in the City’ s Retirement Health Savings Plan (RHS) subject to the following:

A. Employees shall continue to contribute one and one -quarter percent ( 1.25%) of their base pay each pay period to the RHS plan, which amount shall be deposited into the employee’s individual RHS account.

Effective the first full pay period following City Council adoption of this 2022- 2025 MOU, one and one -half percent (1.50%) will be deducted from each employee’s base pay and deposited into their individual RHS account each pay period. This contribution shall be made on a pre-tax basis.

B. Effective the first full pay period following Council adoption of this 2022- 2025 MOU, the City will contribute one percent (1%) of the employee’s base pay deposited into their individual RHS account each pay period.

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ARTICLE XIII

13.0 RETIREMENT
General. The terms of the existing contract between the City and the California Public Employees’ Retirement System (CalPERS) governing the City retirement benefits for affected employees are incorporated by reference herein. The City shall continue to make contributions to CalPERS in accordance with its contract with CalPERS for affected employees covered by such contract as amended.

Deferred Retirement. The City shall continue to make payment to CalPERS on behalf of each affected employee, as defined in Sections 13.3( A) and 13.3( B), in an amount necessary to pay one hundred percent (100%) of their individual retirement contribution which is equal to eight percent (8%) of base salary. Such payments shall be credited to the individual employee’s CalPERS account.

Such payments are not increases in base salary and no salary rate range applicable to any employees shall be changed or deemed to have been changed by reason thereof. As a result, the City shall not treat these payments as ordinary income and, thus shall not withhold Federal or State income tax from these payments. In the event that the City receives a ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compe nsation, the City’s obligation to make such payments shall discontinue and in place thereof the base salary of each employee shall forthwith be increased by eight percent (8%).

For the purpose of reporting an employee’s compensation to CalPERS, the City shall include these payments as if they were a part of the employee’s base salary.

2.7% at 55 Service Retirement Benefit for Miscellaneous Members.

A. The City agrees to continue to provide Miscellaneous employees who were appointed to their classification on or before December 31, 2012 with the 2.7% at 55 Service Retirement benefit. Pursuant to CalPERS regulations, this formula shall apply only to the aforementioned employees that are in an active status. This formula shall apply to each year of eligible servi ce credited with the City of Santa Ana.

B. The City agrees to provide Miscellaneous employees who are appointed to their classification on or after January 1, 2013 and are not new members as defined by the California Public Employees’ Pension Reform Act of 2013 (AB340), with the

2.7% at 55 Service Retirement benefit. Pursuant to CalPERS, this formula shall apply only to the aforementioned employees that are in an active status. This formula shall apply to each year of eligible service credited with the City of Santa Ana.

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C. Payment toward the 2.7% at 55 Service Retirement Benefit. Employees defined in Section 13.3(A) contribute eight percent ( 8%) of their salary to the employer’s share of the cost of the 2.7% at 55 enhanced retirement formula. All employee contributions to the employer’s cost of the CalPERS retirement benefits shall be implemented as cost -sharing pursuant to Government Code Section 20516(f). To the extent permitted by CalPERS and the Internal Revenue Service, this eight percent (8%) contribution shall be implemented through payroll deductions on a pre-tax basis.

Employees defined in Section 13.3(B) shall contribute eight percent ( 8%) of their salary toward the employer contribution of the 2.7% at 55 retirement benefit. All employee contributions to CalPERS for their retirement benefits shall be implemented as cost-sharing pursuant to Government Code Section 20516(f).

Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above em ployee deductions pre -tax contributions.

2.0% at 62 Service Retirement Benefit for Miscellaneous Members.

A. The City agrees to provide Miscellaneous employees who were appointed to their classifications on or after January 1, 2013, and who are defined as new members under the California Public Employees’ Pension Reform Act of 2013 (AB340), with the 2.0% at 62 Service Retirement benefit.

Pursuant to CalPERS regulations, this formula shall apply only to the aforementioned employees that are in an active status. This formula shall apply to each year of eligible service credited with the City of Santa Ana.

B. Payment towards the 2.0% at 62 Service Retirement Benefit. Employees defined in

13.4(A) shall contribute at least fifty percent ( 50%) of normal cost of the 2.0% at 62 retirement benefit.

Pre-T axable Benefit . To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre -tax contributions.

Credit for Unused Sick Leave.

A. An employee shall be permitted to have unused accumulated sick leave at the time of retirement converted to additional service credit at the rate of four thousandths (0.004) years of service credit for each eight (8) hour day of unused sick leave (i.e., two hundred (200) days of sick leave equals eight tenths (0.8) of an additional year of service credit).

B. Effective the date of City Council adoption of this 2022-2025 MOU, the maximum total unused sick leave that can be converted shall be ten (10) eight (8) hour working days equal to eighty (80) hours.

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C. Employees hired on or after a contract amendment between the City and CalPERS shall not be eligible to convert unused sick leave to CalPERS for service credit.

D. The City must report only those days of unused sick leave that were accrued by the employee during the normal course of employment. This section appli es to employees whose effective date of retirement is within four (4) months of separation from employment.

Military Service Credit as Public Service. An employee shall be permitted to purchase up to four (4) years of service credit for any continuous acti ve military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service.

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ARTICLE XIV

14.0 SAFETY
General. The City and the employees of the City agree to comply with all applicable Federal, State and local laws, and the City of Santa Ana regulations, which relate to health and safety.

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ARTICLE XV

15.0 DISCIPLINE
Pre-Disciplinary Procedure
A. If an employee is to be suspended without pay, reduced in pay, demoted, or dismissed, the employee shall:

1. Receive written notice of the intended action at least ten (10) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the intended action is based.

2. Receive copies of any known materials, reports, transcripts, statements, or other documents upon which the intended action is based.

3. Be accorded the right to respond to the intended charges in writing or in person with the Department Head or designee within a reasonable period of time, not to exceed ten (10) calendar days unless the Department Head or designee authorizes a longer time.

4. Be given the written decision of the Department Head or designee at t he earliest practicable date prior to the effective date of the disciplinary action.

Disciplinary Appeals Procedure
A. Appeals Procedures for Disciplinary Action Not Covered by the Informal Appeals Procedure

1. Step 1.
a. If an employee desires to appeal a disciplinary action not covered by the informal appeals process, they (or their representative) shall submit a written notice of appeal to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the written decision from the Department Head or designee.
b. The Department Head or City Manager or designee (depending on who issued the disciplinary action as determined by the Executive Director of Human Resources or designee) shall meet with the employee within twenty-one (21) calendar days after the submission of the appeal. The Department Head or City Manager or designee may affirm, reverse, or modify the disciplinary action.

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c. The Department Head or City Manager or designee shall deliver the written response to the employee within ten (10) calendar days after meeting with the employee.

2. Step 2.
a. Filing the appeal: If the employee is not satisfied with the Department Head’s or City Manager’s or designee’s decision, they (or their representative) shall submit a written notice of appeal to be submitted to an impartial arbitrator for a final and binding decision.

Such written notice of appeal shall be submitted in writing to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the written decision from the Department Head or City Manager or designee.
b. The City and Association shall create and maintain a list of three (3) to five (5) mutually approved arbitrators.
c. The City and Association shall select an arbitrator from the standing list via the striking method. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name.

Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.
d. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party will strike the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the f irst name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.
e. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the arbitrations, including but not limited to the list o f arbitrators, the arbitrator themselves, and the court reporter, shall be split evenly between the City and the Association.

The arbitrator’s decision will be final and binding. The arbitrator shall issue the decision within thirty (30) calendar days from the conclusion of the hearing, unless the parties agree otherwise.

Informal Appeals Procedure
A. Informal Appeals Procedure, as opposed to the formal procedures, shall be used for written reprimands.

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1. The appeal is an opportunity for the employee (or their re presentative) to present information and arguments why a written reprimand should not be issued or offer alternatives to the written reprimand.

2. Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the written reprimand, the employee (or their representative) shall notify the Executive Director of Human Resources or designee in writing that they intend to appeal the written reprimand. The Executive Director of Human Resources or designee shall contact either the employee or their iden tified representative within ten (10) calendar days of receipt of the notice of appeal to schedule the appeal meeting.

3. Hearing Officer: The Department Head or City Manager or designee (depending on who issued the written reprimand as determined by the Executive Director of Human Resources or designee) shall serve as the hearing officer. The meeting shall take place within twenty -one (21) calendar days from the date the employee filed the appeal or such other time as may be agreeable by the parties.

4. Decision: After the meeting, a decision will be submitted in writing within thirty (30) calendar days and provided to the employee. The decision is final and binding.

Performance evaluations shall not be subject to appeal.

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ARTICLE XVI

16.0 GRIEVANCE REVIEW PROCEDURE
Alleged Violations Concerning the Interpretation or Application of Specific Provisions of This MOU.

A. Solely the Association (not an employee or group of employees) shall be allowed to file a grievance concerning the interpretation or application of specific provisions of this MOU.

B. The parties can mutually agree to extend any deadlines in this Article.

Step 1.

A. The Association shall first attempt to resolve a grievance concerning the interpretation or applicable application of specific provisions of this MOU at Step 1 with the Executive Director of Human Resources or designee without undue delay, but in no case, beyond a period of ten (10) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance.

B. The Executive Director of Human Resources or designee will respond to the grievance within fourteen (14) calendar days of receiving the grievance.

C. Every effort shall be made to find an acceptable solution to the grievance at Step 1.

Step 2.

A. If the Association is not satisfied with the response from the Executive Director of Human Resources or designee, the Association must submit grievance in writing to Step 2 (binding arbitration) to the Executive Director of Human Resources or designee with ten (10) calendar days of receiving the Step 1 response. Should the Association fail to file a written grievance at Step 2 within ten (10) calendar days after receiving the response at Step 1, the grievance shall be barred and waived.

B. The City and Association agree to select an arbitrator in the following manner:

1. The City and Association shall refer to the mutually approved list of arbitrators as specified in Section 15.2(A)(2)(b).

2. The City and Association shall select an arbitrator from the standing list via the striking method. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.

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3. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parti es shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.

C. Hearing Process: During the hearing, the formal rules of evidence do not apply.

The cost of the arbitration including but not limited to the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly between the City and Association. The arbitrator’s decision shall be final and binding. The arbitrator shall issue their decision within thirty (30) calendar days from the conclusion of the hearing, unless the parties agree otherwise.

Alleged Violations of City Rules, Regulations, and Policies.

A. If an employee, group of employees, or Association (grievant) believes there has been a violation, misapplication, or misinterpretation of a City rule, regulation, or policy, the grievant may file a grievance within ten (10) calendar days of the alleged violation, misapplication, or misinterpretation or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance.

B. Step 1.

1. A grievant must submit a grievance in writing to the Executive Director of Human Resources or designee.

2. The Department Head shall meet with the employee within ten (10) business days after submission of the grievance.

3. The Department Head shall deliver the Step 1 written response to the employee within ten (10) calendar days after meeting with the employee.

C. Step 2.

1. If the grievant is not satisfied with the Step 1 respo nse, the grievant must submit the grievance in writing to Step 2 to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the Step 1 response.

2. The City Manager or designee shall meet with the employee within twenty- one (21) days after submission of the Step 2 grievance. The City Manager or designee may affirm, reverse, or modify the decision made at Step 1.

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3. The City Manager or designee shall deliver the Step 2 written response to the employee within ten (10) calendar days after meeting with the employee.

D. Step 3.

1. If the grievant is not satisfied with the Step 2 response, the grievant must submit the grievance in writing to Step 3 (binding arbitration) to the Executive Director of Human Resources or designee wit hin ten (10) calendar days of receiving the Step 2 response. Should the grievant fail to file a written grievance at Step 3 within ten (10) calendar days after receiving the response at Step 2, the grievance shall be barred and waived.

2. The City and Associa tion agree to select an arbitrator in the following manner:
a. The City and Association shall refer to the mutually-approved list of arbitrators as specified in Section 15.2(A)(2)(b).
b. The City and Association shall select an arbitrator via the striking method. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrato r to schedule a hearing.
c. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.

3. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the arbitration including but not limited to the list of arbitrators, the arbitra tor themselves, and the court reporter shall be split evenly between the City and Association. The arbitrator’s decision shall be final and binding. The arbitrator shall issue their decision within thirty (30) calendar days from the conclusion of the heari ng, unless the parties agree otherwise.

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ARTICLE XVII

17.0 ASSOCIATION RIGHTS
Release Time for Association Representatives. CASA shall have the right to appoint/elect a reasonable number of representatives who are recognized by the City as officers or work site leaders/stewards.

A. Such reasonable number of work site leaders/stewards recognized by the City shall be limited to six (6).

B. The City’s Executive Director of Human Resources or designee shall be provided with a list of names and classification titles of CASA’s officers, as well as the names and classification titles of all work site leaders/stewards and other Association representatives. The Association agrees to inform the City in writing of any changes in this list within ten (10) calendar days.

C. During the term of this MOU, the City agrees to allow reasonable time off without loss of compensation to enable the officers and worksite leaders/stewards to assist other CASA unit employees in processing grievances under the Grievance Review Procedure and other CASA business activities; provided, however, that such officers and worksite leaders/stewards shall make advance arrangement with their supervisors prior to absenting themselves for such purpose. The officers and worksite leaders/stewards shall be required by the City to record and report to their supervisors the work time spent in assisting other bargaining unit employees pursuant to this provision of the MOU.

Time spent by the Association President, officers, or worksite leaders/stewards on Association Release time, under this MOU, shall not be considered time worked for computation of overtime according to the Fair Labor Standards Act.

Worksite Access.

A. Officers, worksite leaders/stewards , and/or Association representatives shall be permitted to visit break and lunch areas designated by the City, before or after work or during designated lunch periods, for the purpose of discussing Association business, provided that arrangements are made in advance with the m anager responsible for the worksite.

B. Such visits shall not disrupt the work of City employees, interfere with the normal operations of the department or with established safety and security requirements.

Where any such problems arise, CASA and the City wi ll agree on an alternate meeting/conference facility for the purpose of providing a place for CASA to hold a meeting before or after work or during lunch periods. If the City facility provided CASA as an alternate meeting site during non -working hours is a public meeting

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room, its scheduling and use shall be governed in accordance with regulations pertaining to the use of public meeting rooms at City facilities.

C. Solicitations of membership and all activities concerned with the internal management of CASA, such as collecting dues, holding membership meetings, preparation of petitions, campaigning for office, conducting elections , and distributing literature, shall not be conducted during working hours.

D. Officers and employees may perform those duties assigned to them by CASA, but in no event shall they have the right to interfere with the performance of work of any other employee or interfere with City operations or to call a strike, slowdown, work stoppage, sympathy strike, or take any economic action against the City.

Release Time for Employee Representatives.

A. In the event that CASA is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of officers, employee representatives or other officials of CASA shall be allowed reasonable time off without loss of compensation or other benefits.

B. Such officers and employee representatives shall not leave their duty or work station or assignment without t he prior knowledge of their supervisor or such supervisor’s supervisor.

C. Such meetings are subject to scheduling in a manner consistent with City operating needs and work schedules.

Use of Bulletin Boards . Space shall be made available to CASA on the City’ s existing employee bulletin boards for the purpose of posting notices pertaining to Association business, subject to the following conditions:

A. Material posted by CASA shall not include campaign material on municipal election matters, including elections for City Council, other City positions, or other municipal political matters.

B. Material posted is not derogatory to the City, City employees , or other employee organizations.

C. All materials are dated, identify CASA and bear the signature of the authorized representative(s) of CASA responsible for their issuance.

D. The City reserves the right to determine what reasonable portion of employee bulletin boards are to be allocated to Association materials.

E. If CASA does not abide by these provisions; it will forfeit its right to have materials posted on the City’s employee bulletin boards.

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F. CASA shall not be permitted to post any material that is prohibited by State law or the City Charter.

Use of City Facilities. The City shall allow CASA to conduct meetings in the City’s public meeting rooms during non- working hours provided such meetings are scheduled in accordance with regulations governing the use of public meeting rooms at City facilities; provided, however, CASA shall not be permitted to use City facilities to discuss or present any matter that is prohibited by State law or the City Charter.

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ARTICLE XVIII

18.0 DUES DEDUCTION & INDEMNIFICATION
Dues Deduction . Upon ratification and approval of dues collection by Association membership, the City shall deduct dues, on a regular basi s, from the pay of all employees recognized to be represented by CASA, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to CASA within thirty (30) calendar days following their deduction. Provisions for such dues deduction shall be included in future MOUs should CASA members elect to authorize the deduction.

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ARTICLE XIX

19.0 CITY RIGHTS
The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU.

The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights:

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

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

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

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

E. To determine methods of financing.

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

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

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

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

J. To relieve employees from duties for lack of work or similar non- disciplinary reason, subject to the provisions of the City Charter, Municipal Code, F ederal and State law and this MOU.

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

L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charte r and Santa Ana Municipal Code.

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M. To determine job classifications and to reclassify employees.

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

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

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

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

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

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

Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management’s rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of CASA regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU.

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ARTICLE XX

20.0 LAYOFFS
It is the hope of the City not to separate any employee(s) from employment because of a reduction in the work force or work week during the term of this MOU. However, circumstances arising during this MOU may require such separation(s). In that event, the City sha ll notify CASA in writing of the layoff at least thirty ( 30) days prior to the occurrence of the layoff of the employee and, if requested by CASA, schedule a meeting to discuss the same. Only the written notice is required to occur thirty (30) days before the proposed layoff. This provision in not intended to be a waiver of any other rights the parties may have under this MOU.

If it is decided to contract out work currently being performed by employees of this bargaining unit and it is projected that no employee covered by this MOU is to be laid off, receive a reduction in hours worked, or receive a loss in pay due to such contracting out, the City shall provide CASA reasonable notice of the decision to contract out, shall meet with CASA upon CASA’s request over the impact of the decision to contract out and shall consider reasonable alternatives provided by CASA.

If the City determines to contemporaneously replace employees covered by this MOU with contract workers to perform the same work under similar ci rcumstances, it shall expeditiously notify CASA of its intentions. Upon request by CASA, the City shall schedule meetings with CASA leadership to discuss this objective and give CASA the opportunity to present information before any final decision. The C ity and Association leadership agree to commence meeting when practicable for a period not to exceed forty - five (45) days, unless mutually agreed to meet longer. At the end of the agreed upon time and if the parties have not achieved satisfactory resoluti on, the issues shall be resolved according to the City’s Employer-Employee Relations Resolution.

Notwithstanding Section 20.2 and/or Section 20.3 hereof, if any bargaining unit member is laid off as a result of a decision by the City to contract out work, the City shall make a reasonable effort to cause the affected employee(s) to become employed by the company or entity with which the City contracted for the applicable services.

The principles of seniority (length of service) shall govern layoffs as descri bed herein, except in the event that more than one (1) employee has the same seniority date, in which case performance also shall be considered. The City’s determination of performance shall not be arbitrary or capricious in nature. Any dispute over the application of the principles outlined in this Article shall be subject to the grievance procedure.

A. Classification seniority is defined as length of service in the classification, and shall begin on the first date worked by the employee in that classification. Whenever a position within a classification is to be eliminated, resulting in the layoff of an employee, seniority shall govern the order of layoff. The employee with the lowest seniority in the affected classification shall be laid off first.

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B. In lieu of layoff, an employee may elect to work in a lower classification, in which they have served, providing that a vacancy exists and the classification is within the same job family/career ladder. In that event, the employee’s length of service in the next lower classification shall be added to their length of service in the affected classification, and the combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications.

C. The reemployment list shall be valid for one (1) year from the date of its establishment. Reemployment shall be in reverse order of layoffs. The Joint Labor Management Team as outlined in Section 21.3 shall determine Job Family/Career Ladder for purposes of layoff.

An employee who is laid off from full time City employment pursuant to this Article, may be granted a temporary appointment to a vacant position in any classification for which there is no eligible list and for which the employee meets the minimum qualifications established for the classification and possesses the requisite knowledge, skills and abilities to satisfactorily perform the work of the classification. Such temporary appointment shall be terminated upon the establishment of a new eligible list for the classification or on the one hundred eightieth (180th) day following the initial day of such temporary appointment, whichever occurs first.

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ARTICLE XXI

21.0 MISCELLANEOUS PROVISIONS
The City agrees to distribute Association membership pamphlets to bargaining unit employees at the new employee orientation sessions conducted by the City.

Catastrophic Leave Donation . In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic, non-industrial medical condition or injury, the City and Associ ation agree to implement a Catastrophic Leave Donation Program.

Nothing herein shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City of Santa Ana or other provisions of this MOU with regard to granting unpaid leaves of absence.

The Catastrophic Leave benefit will be provided for non-industrial injury or sickness only.

The leave shall cover the uncompensated time prior to the employee’s becoming eligible for Long Term Disability (L.T.D.) benefits. Any remaining Catastrophic Leave benefit will be used to supplement L.T.D. benefit payments to ensure an employee continues to receive their full salary continuation between both benefits.

A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient.

1. Employees may donate vacation or compensatory time or one (1) in lieu holiday to the eligible employee. In no event shall sick leave be donated.

2. Employees shall be provided a two (2) week period to submit donations.

Donations received after this two (2) week period shall not be processed.

The two (2) week period for each case shall be designated by the Department Head or their designee as provided herein below.

3. All donations must be made in two (2) hour increments and a maximum of eight (8) hours per donor, except in lieu holidays must be for eight (8) hours.

4. Any authorization of donations not made in accordance with the procedures outlined in Section 21.2(C)(2), will not be processed.

5. All donations shall be irrevocable.

6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Section 11.1.

B. Eligibility. Regular, full -time employees shall be eligible for Catastrophic Leave Donations if the following criteria are met:

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1. When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time and vacation, will be exhaus ted and the employee’s illness will continue past the time when the employee will be on paid status.

2. The employee’s Department Head, or their designee, has approved a written request for donations accompanied by a medical statement from the employee’s attending physician. The attending physician’s statement must verify the employee’s need for an extended medical leave and an estimate of the time the employee will be unable to work.

C. Procedure.

1. Upon receipt of a valid request for donations from an eligible employee, the Department Head or their designee shall post a notice of the eligible employee’s need for donations on bulletin boards accessible to employees.

No confidential medical information shall be included in the posted notice.

2. Employees wishing to donate time to an eligible employee must sign their authorization of the transfer of such donated time and provide:
a. Their name, department name, and employee number;
b. The number of hours of compensatory or vacation time of the donation within the limitations of Section 21.2(A)(3);
c. The name, department and employee number of the recipient; and d. A statement indicating that the donor understands such donation of time is irrevocable.

3. At the close of the donation period, the department shall verify that each donating employee has accrued vacation and/or compensatory time balances sufficient to cover the designated donation.

4. The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section 21.2(A).

5. The City shall add the donated time to the recipient’s sick leave account.

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Joint Labor Management Teams . The City and CASA agree to form Joint Labor Management Teams for the purpose of exploring issues of mutual concern. Each team shall be comprised of an equal number of labor and management employees and shall be chaired by the Executive Director of Human Resources, or their designee. In no case shall the activity of a team create a delay or hindrance to the ongoing operation of the City.

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ARTICLE XXII

22.0 SOLE & ENTIRE AGREEMENT
It is understood and agreed that the parties to this MOU are subject to all current and future applicable Federal and California laws, the City of Santa Ana Charter and Municipal Code, as well as the City’s Employer -Employee Relations Resolution number 81- 75. It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral or written, express or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law or the City Charter.

The City shall provide employees covered by this MOU a copy of this MOU an d its attachments, including a section containing the Employer-Employee Relations Resolution of the City of Santa Ana.

Notwithstanding the foregoing, there exists within the City personnel rules and regulations and departmental rules and regulations. These rules and regulations shall be continued to the extent they do not contravene specific provisions of this MOU. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and condi tions of employment, the City shall meet and confer with CASA; provided, further, however, no provision of the rules and regulations shall be changed to contravene specific provisions of this MOU.

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ARTICLE XXIII

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

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ARTICLE XXIV

24.0 EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City’s ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. CASA shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency.

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ARTICLE XXV

25.0 SEPARABILITY PROVISION
Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value.

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ARTICLE XXVI

26.0 TERM OF MOU
The term of this MOU shall be from July 1, 2022 to June 30, 2025.

If this MOU is not replaced by a new mutually -agreed upon MOU between the City of Santa Ana and CASA before June 30, 2025, then it is agreed that all provisions of this MOU shall remain in effect until mutual agreement is reached on a new MOU.

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This MOU 2022-2025 has been ratified by the membership of the Confidential Association of Santa Ana (CASA).

CASA:

Dated: __________________ By: ___________________________________ Orange County Employees Association
Chief Negotiator

Dated: __________________ By: ___________________________________ CASA President

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EXHIBIT A

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 1, 2022 TO JULY 1, 2023

JOB TITLE
JOB

CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Administrative Secretary (UC) 07271 4921 5168 5425 5703 5989 6286 Budget Aide (UC) 00497 5759 6046 6349 6666 7000 7351
Budget Analyst (UC) 00496 6538 6863 7209 7568 7948 8346 Council Services Secretary (UC) 00830 4445 4669 4902 5145 5407 5674 Data Analyst (UC)
March 26, 2023 to July 1, 2023
00498 6538 6863 7209 7568 7948 8346
Equity and Inclusion Coordinator (UC) 01515 6538 6863 7209 7568 7948 8346 Executive Assistant (UC) 00900 5844 6138 6444 6765 7103 7459 Executive Secretary (UC) 07392 5045 5297 5563 5844 6138 6444 Executive Secretary to the Police Chief
(UC)
00140 5168 5425 5703 5989 6286 6602
Financial Analyst (UC) 00481 6380 6702 7034 7386 7754 8142 Human Resources Administrative
Assistant (UC)
07069 4271 4486 4710 4945 5194 5453
Human Resources Analyst (UC) 01520 6380 6702 7034 7386 7754 8142 Human Resources Communications
Specialist (UC)
March 26, 2023 to July 1, 2023
08590 6380 6702 7034 7386 7754 8142
Human Resources Specialist (UC) 07070 4271 4486 4710 4945 5194 5453 Human Resources Technician (UC) 01250 5221 5480 5759 6046 6349 6666 Legal Office Assistant (UC) 07080 3568 3745 3934 4129 4337 4553 Legal Secretary (UC) 07120 4422 4645 4877 5121 5378 5648 Management Aide (UC) 01201 5759 6046 6349 6666 7000 7351 Management Aide (UC) 01200 5759 6046 6349 6666 7000 7351 Management Analyst (UC) 00750 6538 6863 7209 7568 7948 8346 Management Analyst (UC) 01720 6538 6863 7209 7568 7948 8346 Organizational Development and
Training Analyst (UC)
00476 6380 6702 7034 7386 7754 8142
Paralegal (UC) 01670 5245 5508 5787 6076 6380 6702
Payroll Systems Analyst (UC) 07400 7948 8346 8761 9200 9659 10141 Payroll Technician (UC) 07410 5221 5480 5759 6046 6349 6666 Risk Management Analyst (UC) 01756 6380 6702 7034 7386 7754 8142 Risk Management Assistant (UC) 01753 4068 4271 4486 4710 4945 5194 Risk Management Specialist (UC) 01758 4271 4486 4710 4945 5194 5453 Risk Management Technician (UC) 01755 5221 5480 5759 6046 6349 6666 Senior Human Resources Specialist
(UC)
07300 4734 4971 5221 5480 5759 6046
Senior Human Resources Technician
(UC)
00770 5759 6046 6349 6666 7000 7351
Senior Legal Secretary (UC) 07310 4921 5168 5425 5703 5989 6286

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JOB TITLE
JOB

CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Senior Paralegal (UC) 01675 6380 6702 7034 7386 7754 8142 Senior Payroll Technician (UC) 07415 5759 6046 6349 6666 7000 7351 Training Coordinator (UC) 01280 7908 8304 8718 9154 9610 10092

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MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 2, 2023 TO JULY 29, 2023

JOB TITLE
JOB

CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Administrative Secretary (UC) 07271 5,069 5,323 5,588 5,874 6,169 6,475 Budget Aide (UC) 00497 5,932 6,227 6,539 6,866 7,210 7,572 Budget Analyst (UC) 00496 6,734 7,069 7,425 7,795 8,186 8,596 Council Services Secretary (UC) 00830 4,578 4,809 5,049 5,299 5,569 5,844 Data Analyst (UC) 00498 6,734 7,069 7,425 7,795 8,186 8,596 Equity and Inclusion Coordinator (UC) 01515 6,734 7,069 7,425 7,795 8,186 8,596 Executive Assistant (UC) 00900 6,019 6,322 6,637 6,968 7,316 7,683 Executive Secretary (UC) 07392 5,323 5,588 5,874 6,169 6,475 6,800 Executive Secretary to the Police Chief
(UC)
00140 5,323 5,588 5,874 6,169 6,475 6,800
Financial Analyst (UC) 00481 6,571 6,903 7,245 7,608 7,987 8,386 Human Resources Administrative
Assistant (UC)
07069 4,399 4,621 4,851 5,093 5,350 5,617
Human Resources Analyst (UC) 01520 6,571 6,903 7,245 7,608 7,987 8,386 Human Resources Communications
Specialist (UC)
08590 6,571 6,903 7,245 7,608 7,987 8,386
Human Resources Specialist (UC) 07070 4,399 4,621 4,851 5,093 5,350 5,617 Human Resources Technician (UC) 01250 5,378 5,644 5,932 6,227 6,539 6,866 Legal Office Assistant (UC) 07080 3,675 3,857 4,052 4,253 4,467 4,690 Legal Secretary (UC) 07120 4,555 4,784 5,023 5,275 5,539 5,817 Management Aide (UC) 01201 5,932 6,227 6,539 6,866 7,210 7,572 Management Aide (UC) 01200 5,932 6,227 6,539 6,866 7,210 7,572 Management Analyst (UC) 00750 6,734 7,069 7,425 7,795 8,186 8,596 Management Analyst (UC) 01720 6,734 7,069 7,425 7,795 8,186 8,596 Organizational Development and
Training Analyst (UC)
00476 6,571 6,903 7,245 7,608 7,987 8,386
Paralegal (UC) 01670 5,402 5,673 5,961 6,258 6,571 6,903 Payroll Systems Analyst (UC) 07400 8,186 8,596 9,024 9,476 9,949 10,445 Payroll Technician (UC) 07410 5,378 5,644 5,932 6,227 6,539 6,866 Risk Management Analyst (UC) 01756 6,571 6,903 7,245 7,608 7,987 8,386 Risk Management Assistant (UC) 01753 4,190 4,399 4,621 4,851 5,093 5,350 Risk Management Specialist (UC) 01758 4,399 4,621 4,851 5,093 5,350 5,617 Risk Management Technician (UC) 01755 5,378 5,644 5,932 6,227 6,539 6,866 Senior Human Resources Specialist
(UC)
07300 4,876 5,120 5,378 5,644 5,932 6,227
Senior Human Resources Technician
(UC)
00770 5,932 6,227 6,539 6,866 7,210 7,572
Senior Legal Secretary (UC) 07310 5,069 5,323 5,588 5,874 6,169 6,475 Senior Paralegal (UC) 01675 6,571 6,903 7,245 7,608 7,987 8,386 Senior Payroll Technician (UC) 07415 5,932 6,227 6,539 6,866 7,210 7,572 Training Coordinator (UC) 01280 8,145 8,553 8,980 9,429 9,898 10,395

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MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 30, 2023 TO JULY 13, 2024

JOB TITLE
JOB

CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Administrative Secretary (UC) 07271 5,221 5,483 5,756 6,050 6,354 6,669 Budget Aide (UC) 00497 6,110 6,414 6,735 7,072 7,426 7,799 Budget Analyst (UC) 00496 6,936 7,281 7,648 8,029 8,432 8,854 Council Services Secretary (UC) 00830 4,715 4,953 5,200 5,458 5,736 6,019 Data Analyst (UC) 00498 6,936 7,281 7,648 8,029 8,432 8,854 Equity and Inclusion Coordinator (UC) 01515 6,936 7,281 7,648 8,029 8,432 8,854 Executive Assistant (UC) 00900 6,200 6,512 6,836 7,177 7,535 7,913 Executive Secretary (UC) 07392 5,483 5,756 6,050 6,354 6,669 7,004 Executive Secretary to the Police Chief
(UC)
00140 5,483 5,756 6,050 6,354 6,669 7,004
Financial Analyst (UC) 00481 6,768 7,110 7,462 7,836 8,227 8,638 Human Resources Administrative
Assistant (UC)
07069 4,531 4,760 4,997 5,246 5,511 5,786
Human Resources Analyst (UC) 01520 6,768 7,110 7,462 7,836 8,227 8,638 Human Resources Communications
Specialist (UC)
08590 6,768 7,110 7,462 7,836 8,227 8,638
Human Resources Specialist (UC) 07070 4,531 4,760 4,997 5,246 5,511 5,786 Human Resources Technician (UC) 01250 5,539 5,813 6,110 6,414 6,735 7,072 Legal Office Assistant (UC) 07080 3,785 3,973 4,174 4,381 4,601 4,831 Legal Secretary (UC) 07120 4,692 4,928 5,174 5,433 5,705 5,992 Management Aide (UC) 01201 6,110 6,414 6,735 7,072 7,426 7,799 Management Aide (UC) 01200 6,110 6,414 6,735 7,072 7,426 7,799 Management Analyst (UC) 00750 6,936 7,281 7,648 8,029 8,432 8,854 Management Analyst (UC) 01720 6,936 7,281 7,648 8,029 8,432 8,854 Organizational Development and
Training Analyst (UC)
00476 6,768 7,110 7,462 7,836 8,227 8,638
Paralegal (UC) 01670 5,564 5,843 6,140 6,446 6,768 7,110 Payroll Systems Analyst (UC) 07400 8,432 8,854 9,295 9,760 10,247 10,758 Payroll Technician (UC) 07410 5,539 5,813 6,110 6,414 6,735 7,072 Risk Management Analyst (UC) 01756 6,768 7,110 7,462 7,836 8,227 8,638 Risk Management Assistant (UC) 01753 4,316 4,531 4,760 4,997 5,246 5,511 Risk Management Specialist (UC) 01758 4,531 4,760 4,997 5,246 5,511 5,786 Risk Management Technician (UC) 01755 5,539 5,813 6,110 6,414 6,735 7,072 Senior Human Resources Specialist
(UC)
07300 5,022 5,274 5,539 5,813 6,110 6,414
Senior Human Resources Technician
(UC)
00770 6,110 6,414 6,735 7,072 7,426 7,799
Senior Legal Secretary (UC) 07310 5,221 5,483 5,756 6,050 6,354 6,669 Senior Paralegal (UC) 01675 6,768 7,110 7,462 7,836 8,227 8,638 Senior Payroll Technician (UC) 07415 6,110 6,414 6,735 7,072 7,426 7,799 Training Coordinator (UC) 01280 8,389 8,810 9,249 9,712 10,195 10,707

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Page 79 ends

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024

JOB TITLE
JOB

CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Administrative Secretary (UC) 07271 5,378 5,647 5,929 6,232 6,545 6,869 Budget Aide (UC) 00497 6,293 6,606 6,937 7,284 7,649 8,033 Budget Analyst (UC) 00496 7,144 7,499 7,877 8,270 8,685 9,120 Council Services Secretary (UC) 00830 4,856 5,102 5,356 5,622 5,908 6,200 Equity and Inclusion Coordinator (UC) 01515 7,144 7,499 7,877 8,270 8,685 9,120 Executive Assistant (UC) 00900 6,386 6,707 7,041 7,392 7,761 8,150 Executive Secretary (UC) 07392 5,647 5,929 6,232 6,545 6,869 7,214 Executive Secretary to the Police Chief
(UC)
00140 5,647 5,929 6,232 6,545 6,869 7,214
Data Analyst (UC) 00498 6,971 7,323 7,686 8,071 8,474 8,897 Financial Analyst (UC) 00481 6,971 7,323 7,686 8,071 8,474 8,897 Human Resources Administrative
Assistant (UC)
07069 4,667 4,903 5,147 5,403 5,676 5,960
Human Resources Analyst (UC) 01520 6,971 7,323 7,686 8,071 8,474 8,897 Human Resources Communications
Specialist (UC)
08590 6,971 7,323 7,686 8,071 8,474 8,897
Human Resources Specialist (UC) 07070 4,667 4,903 5,147 5,403 5,676 5,960 Human Resources Technician (UC) 01250 5,705 5,987 6,293 6,606 6,937 7,284 Legal Office Assistant (UC) 07080 3,899 4,092 4,299 4,512 4,739 4,976 Legal Secretary (UC) 07120 4,833 5,076 5,329 5,596 5,876 6,172 Management Aide (UC) 01201 6,293 6,606 6,937 7,284 7,649 8,033 Management Aide (UC) 01200 6,293 6,606 6,937 7,284 7,649 8,033 Management Analyst (UC) 00750 7,144 7,499 7,877 8,270 8,685 9,120 Management Analyst (UC) 01720 7,144 7,499 7,877 8,270 8,685 9,120 Organizational Development and
Training Analyst (UC)
00476 6,971 7,323 7,686 8,071 8,474 8,897
Paralegal (UC) 01670 5,731 6,018 6,324 6,639 6,971 7,323 Payroll Systems Analyst (UC) 07400 8,685 9,120 9,574 10,053 10,554 11,081 Payroll Technician (UC) 07410 5,705 5,987 6,293 6,606 6,937 7,284 Risk Management Analyst (UC) 01756 6,971 7,323 7,686 8,071 8,474 8,897 Risk Management Assistant (UC) 01753 4,445 4,667 4,903 5,147 5,403 5,676 Risk Management Specialist (UC) 01758 4,667 4,903 5,147 5,403 5,676 5,960 Risk Management Technician (UC) 01755 5,705 5,987 6,293 6,606 6,937 7,284 Senior Human Resources Specialist
(UC)
07300 5,173 5,432 5,705 5,987 6,293 6,606
Senior Human Resources Technician
(UC)
00770 6,293 6,606 6,937 7,284 7,649 8,033
Senior Legal Secretary (UC) 07310 5,378 5,647 5,929 6,232 6,545 6,869 Senior Paralegal (UC) 01675 6,971 7,323 7,686 8,071 8,474 8,897 Senior Payroll Technician (UC) 07415 6,293 6,606 6,937 7,284 7,649 8,033 Training Coordinator (UC) 01280 8,641 9,074 9,526 10,003 10,501 11,028

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81 7/18/2023

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City Council
26 –
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Resolution 2023-XXX

Page 1 of 4 ends

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines , and declares as follows:

A. Section 1004 of the City Charter of the City of Santa Ana requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council.

B. It is the City’s practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City’s organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates.

C. The City Council regularly amends the City’s classification and compensation plan for all full -time and part-time classifications of officers and employees of the City of Santa Ana.

D. On June 1, 2021, the City Council adopted Resolution 2021-026 establishing and delineating the compensation and benefit plan for classifi cations designated as Unrepresented Confidential Employees (UCE) affording these classifications the same provisions and/or changes in salaries, compensation, and other benefits, unless specified otherwise, as provided to classifications represented by the Confidential Association of Santa Ana (CASA).

E. T he City has reached an agreement with CASA for a new memorandum of understanding (MOU) which includes a three percent (3%) salary increase retroactively effective July 2, 2023, a three percent (3%) salary increase effective the first full pay period after City Council approval of the MOU , and a three percent (3%) salary increase effective the first full pay period after July 1, 2024.

F. It is now desired to amend the City’s classification and compensation plan.

City Council
26 –
83 7/18/2023

Resolution 2023-XXX

Page 2 of 4 ends

Section 2. The Santa Ana City Council amends the City’s classification and compensation plan as follows:

A. Changing the compensation of the following classifications to the pay rates listed retroactively effective July 2, 2023:

UNIT JOB TITLE BASIS STEP RATE
Unrepresented
UCE Employee Relations Analyst (UCE) Monthly
AA $6,571
A $6,903
B $7,245
C $7,608
D $7,987
E $8,386
Unrepresented
UCE
Executive Secretary – Human
Resources (UCE) Monthly
AA $5,323
A $5,588
B $5,874
C $6,169
D $6,475
E $6,800
Unrepresented
UCE
Human Resources Business Systems
Analyst (UCE) Monthly
AA $8,186
A $8,596
B $9,024
C $9,476
D $9,949
E $10,445

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Resolution 2023-XXX

Page 3 of 4 ends

B. Changing the compensation of the following classifications to the pay rates listed effective July 30, 2023:

UNIT JOB TITLE BASIS STEP RATE
Unrepresented
UCE Employee Relations Analyst (UCE) Monthly
AA $6,768
A $7,110
B $7,462
C $7,836
D $8,227
E $8,638
Unrepresented
UCE
Executive Secretary – Human
Resources (UCE) Monthly
AA $5,483
A $5,756
B $6,050
C $6,354
D $6,669
E $7,004
Unrepresented
UCE
Human Resources Business Systems
Analyst (UCE) Monthly
AA $8,432
A $8,854
B $9,295
C $9,760
D $10,247
E $10,758

C. Changing the compensation of the following classifications to the pay rates listed effective July 14, 2024:

UNIT JOB TITLE BASIS STEP RATE
Unrepresented
UCE Employee Relations Analyst (UCE) Monthly
AA $6,971
A $7,323
B $7,686
C $8,071
D $8,474
E $8,897
Unrepresented
UCE
Executive Secretary – Human
Resources (UCE) Monthly
AA $5,647
A $5,929
B $6,232
C $6,545
D $6,869
E $7,214
Unrepresented
UCE
Human Resources Business Systems
Analyst (UCE) Monthly
AA $8,685
A $9,120
B $9,574
C $10,053
D $10,554
E $11,081

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Resolution 2023-XXX

Page 4 of 4 ends

Section 3. This r esolution is to be operative from and after the date in which it is adopted.

AD
OPTED this 18th day of July 2023.

___________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

By: __________________
Laura A. Rossini
Chief Assistant City Attorney – Employee Relations

AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023- ___ to be the original resolution adopted by the City Council of the City of Santa Ana on July 18, 2023.

Date: ___________________ ____________________________ Jennifer Hall
City Clerk
City of Santa Ana

City Council
26 –
86 7/18/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Vacate the Portion of Public Right of Way Adjacent to 2383 North Flower Street

AGENDA TITLE
Adopt a Resolution of Intent to Vacate the portion of Public Right of Way Adjacent to 2383 North Flower Street, Abandonment 22-01

RECOMMENDED ACTION
Adopt a resolution which declares the City’s intent to vacate a portion of public right of way adjacent to Flower Street and sets a public hearing for August 15, 2023.

DISCUSSION
The portion of the public right of way was dedicated to the City of Santa Ana in 1931 on Tract Map No. 754 as a 10-foot by 120-foot long public street easement (Exhibit 1). The easement is currently being utilized by both vehicle and pedestrian traffic to travel from Flower Street to Heliotrope Drive and vice versa (Exhibit 2). The area is improved with concrete pavement and a cross gutter through the center and has been maintained by the City of Santa Ana.

Within the alley section, there is a wood utility pole and anchor owned by Southern California Edison (SCE). However, the current 10-foot width of the alley is obstructed by the presence of the wood utility pole, thereby limiting vehicular access through the alley.

The property owners of 2383 North Flower Street have submitted a request to vacate this portion of the alley for the purpose of closing down the alley to both vehicle and pedestrian traffic. On multiple occasions the neighborhood property owners have experienced transients, casings, and burglaries to the homes adjacent to the alley.

Should the portion of the alley be vacated, the property owners will be installing a fence on the easterly portion of the alley for their safety.

As per the title report, the City of Santa Ana is the owner of an easement that covers the entire alley. If the westerly 100-foot section of the alley is vacated, it would fully revert to the owners of 2383 North Flower Street. However, the City has made a determination that the 15-foot westerly section of the alley will remain as public easement. This will allow the property owners at 2379 North Flower Street to continue to have access to their driveway through the alley. Furthermore, the 5-foot easterly section of the westerly half portion of

City Council
27 –
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Resolution of Intent to Vacate Portion of Public Right of Way Adjacent to 2383 North Flower Street
July 18, 2023

Page 2 ends

3 5
7 7
the alley will also remain as public easement allowing sufficient space for vehicles to turn- out when exiting through the easterly portion of the alley (Exhibit 3).

Staff confirms the City does not have any issues with this portion of the alley being vacated, presently or in the future. Further, utilities, other government agencies, and City agencies have been advised of the portion of alley vacation.

California Government Code Section 65402 (Restrictions on Acquisition and Disposal of Real Property) requires a Planning Commission to review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the Planning Commission to review the proposed use for conformity with the General Plan. Planning Commission Resolution No 2023-13 finds the vacation conforms to the General Plan (Exhibit 4).

The recommended action adopts a resolution (Exhibit 5) of the City Council’s intent to vacate the streets and sets a public hearing date for August 15, 2023, at which time the order to vacate may be approved by the City Council.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-56 will be filed for this project.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Street Vacation Location Map

2. Street Vacation Area Map

3. Street Vacation Lot Line Map

4. Planning Commission Resolution

5. Resolution of Intent
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
27 –
2 7/18/2023

A
B
N
(NTS)
LEGEND:

EXHIBIT 2
PWA

SANTA ANA

PUBLIC WORKS AGENCY
ADJACENT TO 2383 NORTH FLOWER STREET

PORTION OF PUBLIC RIGHT OF WAY (ALLEY)
ADJACENT TO 2383 NORTH FLOWER STREET

PUBLIC RIGHT OF WAY (ALLEY)

DIMENSIONS:

VACATION AREA = 1,200 SF
B = 10'
A = 120'
PAGE 1 OF 1

FLOWER STREET ALLEY
0 0 2-073-1 4
0 0 2-0 7 3-0 8
0 0 2-0 7 2-0 10 0 2-0 7 2-1 0
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EXHIBIT 1

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City Council
27 –
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City Council
27 –
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Resolution No. 2023-13

Page 1 of 3 ends

RESOLUTION NO. 2023-13

A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA FINDING THAT ABANDONMENT NO.
2023-01 TO VACATE OF A PORTION OF A PUBLIC RIGHT-OF-
WAY EASEMENT ADJACENT TO 2398 NORTH FLOWER

STREET IS IN CONFORMANCE WITH THE CITY OF SANTA
ANA 2022-2045 GENERAL PLAN

WHEREAS, California Streets and Highways Code Section 8300 et seq . a
uthorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public’s right to use such street; and
WHEREAS, pursuant to California Government Code section 65402(a), street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan; and
WHEREAS, the portion of Public right of way (alley) was dedicated to the City in 1931 on Tract Map No. 754 as a 10-foot by 120-foot long street easement; and WHEREAS, this easement is improved with concrete pavement and a cross gutter through the center and maintained by the City of Santa Ana; and WHEREAS, the westerly 10-foot by 15-foot section of the portion of alley will remain as public easement so the property at 2379 North Flower Street may continue to have access to their driveway; and
WHEREAS, the easterly 10-foot by 5-foot section of the portion of alley will remain as public easement so there is sufficient space for vehicles to turn-out when exiting through the easterly half of the entire alley; and
WHEREAS, the City desires to vacate its interest in the 10-foot by 100-foot portion of alley, as shown on Exhibit A (“Vacation Area”); and
WHEREAS, the Vacation Area is located directly adjacent to and south of 2383 North Flower Street, which is owned by Colin Donnelly and Caroline La and is designated as Low Density Residential (LR-7); and
WHEREAS, the Vacation Area is also located immediately adjacent to property 2379 North Flower Street, which is owned by Alan Newton and Cheryl Newton; and WHEREAS, there are no issues with vacating the Vacation Area presently or in the future, as determined by the City’s Public Works Agency; and WHEREAS, the Santa Ana City Council adopted the City of Santa Ana 2022-2045 General Plan (General Plan) on April 19, 2022; and

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Resolution No. 2023-13

Page 2 of 3 ends

WHEREAS, by separate City Council action and following a finding of conformity with the City’s General Plan by the Planning Com mission, the City desires to vacate the Vacation Area; and
WHEREAS, in accordance with Section 15378 of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this action is not a project and is therefore exempt from further CEQA review. The action will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, Environmental Review No. 2023- 27 will be filed for this action; and
WHEREAS, on June 12, 2023, the Santa Ana Planning Commission reviewed Abandonment No. 2023-01 and General Plan conformance findings.

NOW THEREFORE, BE IS RESOLVED that the Planning Commission of the City of Santa Ana does hereby finds that Abandonment No. 2023-01 to vacate the Vacation Area, as shown on Exhibit A, is in conformance with the City’s 2022-2045 General Plan, serve
s the public interest, and is a public benefit. The decision is based upon the Request for Planning Commission Action dated June 12, 2023, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 12 day of June, 2023.

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners: J ENNIFER OLIVA (1)
ABSTENTIONS: Commissioners:
_____________________________
Bao Pham Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:___________________________
Jose Montoya Assistant City Attorney

CARL BENNINGER, MANUEL ESCAMILLA, CHRIS
LEO, BAO PHAM, ISURI RAMOS, ALAN WOO (6)

City Council
27 –
7 7/18/2023

Resolution No. 2023-13

Page 3 of 3 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 12, 2023.

Date: _________________ _____________________________________ Recording Secretary
City
of Santa Ana
6/12/2023

City Council
27 –
8 7/18/2023

Res
olution No. 2023-XXX

Page 1 of 2 ends

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA DECLARING ITS INTENTION TO VACATE A

PORTION OF A PUBLIC RIGHT -OF-WAY EASEMENT
ADJACENT TO 2383 NORTH FLOWER STREET
(ABANDONMENT NO. 2023-01)
BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:

A. In accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, the City Council of the City of Santa Ana hereby declares its intention to vacate its interest in a 10-foot by 100-foot portion of alleyway directly adjacent to 2383 North Flower Street, as shown on Exhibit A (“Vacation Area”); B. Notice is hereby given that on August 15, 2023, at 5:45 P.M. or as soon as possible thereafter, in the S anta Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by the City Council at which tim e any and all persons interested in or objec ting to the proposed vacation described above may appear and be heard.

Section 2. The Clerk of the Council is hereby directed to cause notice of the above-referenced hearing to be published twice, once in each of the two successive weeks prior to the above-referenced hearing, in a newspaper of general circulation in the City.

Section 3. The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of vacation, containing the statement of the day, hour, and place of hearing set forth above, and describing the areas to be vacated, at least two weeks before the day set for said hearing.

Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADO
PTED this 18th day of July, 2023.

Val erie Amezcua
Mayor
[Si
gnatures continued on the following page]
EXHIBIT 5

City Council
27 –
9 7/18/2023

R
esolution No. 2023-XXX

Page 2 of 2 ends

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By
:

Jose Montoya
Assistant City Attorney
AYES:

Councilmembers
N
OES: Councilmembers
ABST
AIN: Councilmembers
N
OT PRESENT: Councilmembers
C

ERTIFICATE OF ATTESTATION AND ORIGINALITY
I, J
ennifer L. Hall, Clerk of the Council, do hereby certify the attached Resolution No. 2023 -_____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.

Date:

Clerk of the Council
City of Santa Ana

City Council
27 –
10 7/18/2023

A
B
N
(NTS)
LEGEND:

EXHIBIT A
PWA

SANTA ANA

PUBLIC WORKS AGENCY
TO 2383 NORTH FLOWER STREET

PUBLIC RIGHT OF WAY (ALLEY)ADJACENT

ABANDONMENT AREA, PORTION OF
ADJACENT TO 2383 NORTH FLOWER STREET

PUBLIC RIGHT OF WAY (ALLEY)
INTENT TO VACATE portion of
DIMENSIONS:

VACATION AREA = 1,000 SF
B = 10'
A = 100'
PAGE 1 OF 1

FLOWER STREET ALLEY
002-073-14
002-073-08
002-072-01002-072-10
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Public Works Agency
www.santa-ana.org/public-works
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Resolution for Grant for New Park at Flower and 10th Streets

AGENDA TITLE
Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Land And Water Conservation Program for a New Park at 10th and Flower Streets (Non-General Fund)

RECOMMENDED ACTION
Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation to request funding through the Land and Water Conservation Program for the development of a new park at 10th and Flower Streets.

DISCUSSION
The National Park Service (NPS) Land and Water Conservation Fund (LWCF) is a federal grant program established by the United States Congress in 1964 to fulfill a bipartisan commitment to safeguard our national endowment of lands and waters.

Funds are allocated to State and local governments to assist in planning, acquisition, and development of parks and recreation facilities. The State of California’s available amount for this 2023/2024 grant cycle is estimated at $30 million and is administered by the Office of Grants and Local Services (OGALS). Once a LWCF project is completed, the property is placed under federal protection to preserve outdoor recreational use in perpetuity.

The Park Services Division of the Public Works Agency intends to submit an application requesting funding for construction for the development of a new neighborhood park at 10th and Flower Streets. This project strongly meets all of the project selection criteria, which includes Unmet Need, Type of Project, New Acreage placed under LWCF protection, Population Served, Public Input, Project Readiness, and Applicant Capacity.

Parks Services began community outreach in fall 2022, retained a Landscape Architectural firm to provide conceptual studies, design development, and contract documents, and commenced the design process. The new park site will be developed on eight vacant parcels acquired during FY 2022-23 with American Rescue Plan Act (ARPA) funds.

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Resolution for Grant for New Park at Flower and 10th Streets July 18, 2023

Page 2 ends

3 5
8 7
The total estimated project cost is $4.5 million. The LWCF program requires a 50- percent match. If awarded, the City shall provide $2.25 million in matching grant funds.

The source of this grant match will be from Acquisition and Development funds.

Adoption of this resolution is required for staff to submit a complete grant application packet.

FISCAL IMPACT
There is no fiscal impact associated with this action. Upon receipt from the State of California of approval of the project, Staff will return to the City Council to recognize and appropriate the grant funds and required match amount.

EXHIBIT(S)

1. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
28 –
2 7/18/2023

Resolution No. 2023-XXX

Page 1 of 3 ends

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

ANA APPROVING THE APPLICATION FOR THE LAND AND
WATER CONSERVATION FUND FOR THE NEW PARK AT 10TH

AND FLOWER STREET PROJECT
WHEREAS, the Congress under Public Law 88 -578 has authorized the establishment of a federal Land and Water Conservation Fund (“LWCF”) Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing application by local agencies under the program; WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State;
WHEREAS, the City of Santa Ana’s Parks Services Division of the Public Works Agency began community outreach in Fall 2022, retained a Landscape Architectural firm to provide conceptual studies, design development and contract documents, and commenced the design process for the New Park at 10th and Flower Street Project (“the Project”);
WHEREAS, the Project site will be developed on eight vacant parcels acquired during Fiscal Year 2022/2023 with American Rescue Plan Act (“ARPA”) funds; and WHEREAS, the City of Santa Ana (or “APPLICANT”) now wishes to request funding through the LWCF Program for development of the aforementioned Project.

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

Section 1. The City of Santa Ana approves the filing of an application for Land and Water Conservation Fund assistance for the proposed: 10th and Flower Street New Neighborhood Park Development Project.

Section 2. The City of Santa Ana certifies that the APPLICANT has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
Section 3. The City of Santa Ana agrees to abide by 54 U.S.C. §200305(f)(3) which requires, "No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other EXHIBIT 1

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Resolution No. 2023-XXX

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than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location."
Section 4. The City of Santa Ana certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and
Section 5. The City of Santa Ana agree s to comply with all applicab le federal, state and local laws, ordinances, rules, regulations and guidelines.

Section 6. The City of Santa Ana appoints the Executive Director of the Public Works Agency as agent of the APPLICANT to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project.

Section 7.

This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this _____ day of ____________, 2023.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _

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CERTIFICATION OF ATTESTATION AND ORIGINALITY

I, _________________, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2023.

Date: ______________________ ________________________________ Clerk of the Council
City of Santa Ana

City Council
28 –
5 7/18/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Resolution for Grant to Improve the Pacific Electric Bike Trail

AGENDA TITLE
Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Recreational Trails Program for the Pacific Electric (Maple Street) Bike Trail Restoration (Non-General Fund)

RECOMMENDED ACTION
Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation to request funding through the Recreational Trails Program Application for the Pacific Electric (Maple Street) Bike Trail improvements, which includes installation of new lighting, signage, and mile markers.

DISCUSSION
The Bipartisan Infrastructure Law of 2021 (BIL) reauthorized the Recreational Trails Program (RTP) through the Federal FY/2026, to provide annual funding for recreational trails and trails-related projects. The RTP is administered at the federal level by the Federal Highway Administration (FHWA) and at the state level by the California Department of Parks and Recreation, Office of Grants & Local Services (OGALS). With this current grant cycle, the RTP will be providing $3.4 million in local assistance grants to support non-motorized recreational trail projects.

The Park Services Division of the Public Works Agency intends to submit an application requesting funding to install new lighting along a half-mile length of the Pacific Electric Bike Trail, from Occidental Street to Warner Avenue, along with installation of signage and mile markers. This new capital improvement will provide commuters with a safe, well-lit trail system that will extend the hours that residents can connect to recreational amenities and activity centers within the City.

The total estimated project cost is $1,388,854. The RTP program requires a 12-percent match. If awarded, the City shall provide $166,662 in matching grant funds. The source of this grant match will be from Capital Outlay (Cell Tower revenues).

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Resolution for Grant to Improve the Pacific Electric Bike Trail July 18, 2023

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Adoption of this resolution is required for Staff to be able to submit a complete grant application packet.

FISCAL IMPACT
There is no fiscal impact associated with this action. Upon receipt from the State of California of approval of the project, staff will return to the City Council to recognize and appropriate the grant funds and matching grant amount.

EXHIBIT(S)

1. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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Resolution No. 2023-XXX

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RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

ANA APPROVING THE SUBMITTAL OF A GRANT APPLICATION

TO THE STATE OF CALIFORNIA RECREATIONAL TRAILS

PROGRAM FOR PACIFIC ELECTRIC (MAPLE STREET) BIKE

TRAIL IMPROVEMENTS
WHEREAS, the Bipartisan Infrastructure Law of 2021 (“BIL”) provides funds to the State of California for grants to federal, state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trial projects; WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application under the program; WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s) to the State;
WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project;
WHEREAS, the City of Santa Ana requests funding through the Recreational Trails Program (“RTP”) Application for Pacific Electric (Maple Street) Bike Tr ail Improvements (“the Project”); and
WHEREAS, the Project would include the installation of new lighting, signage and mile markers.

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

Section 1. The City of Santa Ana approves the filing of an application for the Pacific Electric Bike Trail Phase 2.

Section 2. The City of Santa Ana certifies that the Project is consistent with its general plan or the equivalent planning document.

Section 3. The City of Santa Ana certifies it has or will have available prior to commencement of any work on the Project included in this Application, sufficient funds to operate and maintain the Project.

Section 4. The City of Santa Ana certifies that it has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide.

EXHIBIT 1

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Resolution No. 2023-XXX

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Section 5. The City of Santa Ana appoints the Executive Director of the Public Works Agency as agent to conduct all negotiations, execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.

Section 6. The City of Santa Ana agrees to comply with all applicable federa l, state and local laws, ordinances, rules, regulations and guidelines.

Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this _____ day of ____________, 2023.

________________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By:

Jonathan T. Martinez
Assistant City Attorney

AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers _

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Resolution No. 2023-XXX

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CERTIFICATION OF ATTESTATION AND ORIGINALITY

Date: ______________________ ________________________________ Clerk of the Council
City of Santa Ana

City Council
29 –
5 7/18/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Resolution for Grant for Santiago Park Trail and Habitat Restoration

AGENDA TITLE
Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Habitat Conservation Fund for Santiago Park Trail and Habitat Restoration (Non-General Fund)

RECOMMENDED ACTION
Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation to request construction funding through the Habitat Conservation Fund for Santiago Park Trail and Habitat restoration.

DISCUSSION
The State of California, Department of Parks & Recreation, Office of Grants & Local Services (OGALS) administers grant programs that provide funding for state, local, and nonprofit organization projects. Since 1964, more than 7,700 parks throughout California have been created or improved through OGALS. With this current cycle, the Habitat Conservation Fund (HCF) will be allocating $6.6 million in grants to develop nature interpretation projects to welcome urban residents into park and wildlife areas through the provision and development of wildlife corridors and trails.

In February 2023, the City of Santa Ana was awarded a $400,000 grant by the State of California Coastal Conservancy to begin the design of the Santiago Park Trail and Habitat Restoration Project, a 2.84-acre area on the eastern end of the park, along the south edge of Santiago Creek. The project will provide a decomposed granite recreational trail that will connect four access points leading into the park, a new pedestrian bridge across the creek connecting the trail to the Nature Center on the north side, re-establishment of native riparian habitat, new irrigation system, site lighting, drinking fountain, benches, and interpretive signage.

The Park Services Division of the Public Works Agency intends to submit an application requesting construction funding for this project through the State HCF, as a means to bring the project to fruition.

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Resolution for Grant for Santiago Park Trail and Habitat Restoration July 18, 2023

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The total estimated project cost is $3,211,001. The HCF program requires a 50% match.

If awarded, the City shall provide $1,605,500 in matching grant funds. The source of this grant match will be from Acquisition and Development and General Fund.

Adoption of this resolution is required for Staff to be able to submit a complete grant application packet.

EXHIBIT(S)

1. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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2 7/18/2023

Resolution No. 2023-XXX

Page 1 of 3 ends

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

ANA APPROVING THE APPLICATION FOR GRANT FUNDS

FROM THE HABITAT CONSERVATION FUND PROGRAM FOR

SANTIAGO PARK TRAIL AND HABITAT RESTORATION
WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes;
WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the Habitat Conservation Fund (“HFC”) Program, setting up necessary procedures govern ing project application under the HCF program;
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said applications(s) to the State; WHEREAS, the applicant will enter into a contract with the State of California to complete the project;
WHEREAS, the City of Santa Ana wishes to request construction funding through the HCF for the Santiago Park Trail and Habitat Restoration Project (“the Project”); and WHEREAS, the Santiago Park Trail and Habitat restoration project will provide the following: a decomposed granite recreational trail that will connect four access points leading into the park, a new pedestrian bridge acr oss the creek which connects the trail to the Nature Center on the north side, re-establishment of native riparian habitat, a new irrigation system, site lighting, a drinking fountain, benches, and interpretive signage.

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

Section 1. The City of Santa Ana approves the filing of its application for the Santiago Park Trail and Native Habitat Restoration Project.

Section 2. The City of Santa Ana certifies that it has or will have available, prior to commencement of any work on the project included in this application, the required match and sufficient funds to complete the project.

Section 3. The City of Santa Ana certifies that it has or will have sufficient funds to operate and maintain the project(s).

EXHIBIT 1

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Resolution No. 2023-XXX

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Section 4. The City of Santa Ana certifies that it has reviewed, understands, and agrees to the provisions contained in the contract shown in the Grant Administration Guide.

Section 5. The City of Santa Ana delegates the authority to the Executive Director of Public Works Agency to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.

Section 6. The City of Santa Ana agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this _____ day of ____________, 2023.

________________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By:

Jonathan T. Martinez
Assistant City Attorney

AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers _

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4 7/18/2023

Resolution No. 2023-XXX

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CERTIFICATION OF ATTESTATION AND ORIGINALITY

Date: ______________________ ________________________________ Clerk of the Council
City of Santa Ana

City Council
30 –
5 7/18/2023

Police Department
www.santa-ana.org/police
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Police Officer Hiring Bonus Program

AGENDA TITLE
Police Officer Hiring Bonus Program

RECOMMENDED ACTION
Adopt a resolution approving the continuation of the Police Officer Hiring Bonus program in a total amount not to exceed $600,000 offering $10,000 per officer, $15,000 for an officer with a Bachelor’s degree, or $15,000 for an officer who is a military veteran, and up $20,000 for an officer who is a military veteran with a Bachelor’s degree.

DISCUSSION
Similar to most law enforcement agencies throughout the state and county, the Santa Ana Police Department (SAPD) is attempting to fill vacancies for the position of sworn police officer. Over the last six years, we have increased the standards for police officer hiring, when other agencies have actually lowered standards to meet this industry wide recruitment challenge. Serving as a Santa Ana police officer is an honor and a privilege and our Department is highly sought after based on our strong reputation of teamwork, comradery, high morale and industry leading professionalism.

We request the continuing of a hiring bonus in order to offer a reasonable incentive, as we leverage our hiring strategy. Our Department prides itself in investing in our own internal culture to support our dual policing framework of: Community Based and Traditional Policing. Some local agencies have as high as 75% lateral police officers that make up their workforce, importing a mix of cultures not centered within the Department. Our Department is composed of approximately 35% laterals; meaning the majority of our workforce learned the nuances of policing, specific to our Santa Ana community and culture. This is a key difference in hiring strategies.

The biggest challenge facing law enforcement is the significant decline in applicants. In 2022, the City Council approved a $10,000 hiring bonus for each new officer, not to exceed $100,000 in total, which has been fully encumbered. From June 1, 2021 to May

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July 18, 2023

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31, 2022, there was a total of 980 applicants. From June 1, 2022 to present there was a total of 1,233 applicants, which is a 26 percent increase.

A national recruitment trend is the offering of a hiring bonus ranging from $5,000 to $75,000. Locally, the Anaheim Police Department is currently offering $10,000 to $15,000. Below is an example of what some California municipal agencies are currently offering as a hiring bonus:

Agency Amount Terms
Alameda Police
Department $75,000 $25,000 upon being sworn in; $50,000 at the completion of field training
Anaheim Police
Department
$10,000-
$15,000
$3,000 upon first full pay period following first
date of employment; $3,000 upon successful
completion of field training program; $4,000
upon successful completion of probation
($5,000 additional military veteran incentive)
Bay Area Rapid Transit $15,000 $5,000 upon hire; $10,000 upon completion of field training program
Buena Park Police
Department $12,000
$4,000 upon hire; $4,000 upon completion of
field training program; and $4,000 upon
completion of second year of service
Colton Police Department $15,000
$2,500 upon hire; $2,500 upon completion of
field training program and six months; $5,000
after completion of probation; $5,000 after
one-year anniversary of probation
Redding Police
Department $40,000
$20,000 upon hire; $10,000 upon completion
of field training program; $10,000 after
completion of one-year probation
San Francisco Police
Department $ 5,000 $5,000 upon completion of field training program
Maintaining and increasing our signing bonus for new hires will bolster our efforts and falls in line with the prevailing trend throughout the state. It is recommended the City Council implement and increase a hiring bonus of up to $20,000 for police officers (offering $10,000 per officer, $15,000 for an officer with a Bachelor’s degree, or $15,000 for an officer who

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July 18, 2023

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is a military veteran, and $20,000 for an officer who is a military veteran with a Bachelor’s degree), which is competitive with neighboring agencies. Eligibility for this program will be limited to only new police officer applicants who apply after adoption of the program. The bonus would be paid out incrementally as follows for new police officers:

New Recruits / Academy Graduates
Incremental Payment
Milestones New Hire Military
Veteran
Bachelor's
Degree
Military
Veteran +
Bachelor's
Degree
First Full Pay Period following
Academy Graduation $ 2,500 $ 5,000 $ 5,000 $ 5,000
Successful Completion of
Field Training Program $ 2,500 $ 5,000 $ 5,000 $ 7,500 Successful Completion of
Probation $ 5,000 $ 5,000 $ 5,000 $ 7,500
Total Bonus $10,000 $15,000 $15,000 $20,000

Lateral Police Officers
Incremental Payment
Milestones New Hire Military
Veteran
Bachelor's
Degree
Military
Veteran +
Bachelor's
Degree
First Full Pay Period following
Academy Graduation N/A N/A N/A N/A
Successful Completion of
Field Training Program $ 5,000 $ 7,500 $ 7,500 $10,000 Successful Completion of
Probation $ 5,000 $ 7,500 $ 7,500 $10,000
Total Bonus $10,000 $15,000 $15,000 $20,000
This program will be publicized in the SAPD recruitment flyers, Governmentjobs.com postings, at job fairs, on social media platforms (Facebook, Twitter, Instagram), Nixle alert, and on the City’s website. At the direction of the City Council, the expansion of the Police Officer Hiring Program will assist in recruiting and hiring all 29 current vacant positions. Between May 23, 2023, and June 7, 2023, two officers were hired after the initial $100,000 of the program had been obligated. Staff recommends providing the same original program bonus to the two officers for equitable application of the program’s intent.

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Police Officer Hiring Bonus Program
July 18, 2023

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FISCAL IMPACT
City Council previously directed staff to use salary savings from the sworn position vacancies for the hiring bonus. Funds in the amount of $600,000 will be transferred from the Police Department’s Field Operations Salaries account to the Human Resources, PD Hiring Bonus account no. (01114402-61045) for expenditure. All committed funds unpaid by the end of the fiscal year shall be carried forward for expenditure in subsequent fiscal years.

EXHIBIT(S)

1. Resolution
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager

City Council
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Resolution 2023-xxx

Page 1 of 2 ends

TB 7.18.2023
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SANTA ANA APPROVING A POLICE OFFICER HIRING

BONUS PROGRAM FOR POLICE OFFICER APPLICANTS IN AN
AMOUNT NOT TO EXCEED $600,000

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS

FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. WHEREAS, the City Council of the City of Santa Ana recognizes the need to hire and fill Police Officer positions; and

B. WHEREAS, the City Council of the City of Santa Ana understands the growing demand across the state for Police Officers; and

C. WHEREAS, maintaining and increasing signing bonuses for new hires will bolster the Santa Ana Police Department’s efforts to recruit and retain new Police Officers and will fall in line with the prevailing trend throughout the state.

D. WHEREAS, the Santa Ana Police Department will create a reasonable tiered payment program in connection with the hiring bonuses as follows:

$10,000 per officer,
$15,000 for an officer with a Bachelor’s degree, or
$15,000 for an officer who is a military veteran, and
up $20,000 for an officer who is a military veteran with a Bachelor’s degree

Section 2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Ana hereby approves the Police Of ficer Hiring Bonus Program for Police Officers as set forth in the accompanying Staff Report, attached hereto and made a part hereof in an amount not to exceed $600,000.

Section 3. If section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions her eof, irrespective of the fact that one or more provisions may be declared invalid.

EXHIBIT 1

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Resolution 2023-xxx

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Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this day of July 2023.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By:

Tamara Bogosian
Sr. Assistant City Attorney

AYES: Councilmembers_______________________________________ NOES: Councilmembers_______________________________________ ABSTAIN: Councilmembers_______________________________________ NOT PRESENT: Councilmembers_______________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on .

Date:

Clerk of the Council
City of Santa Ana

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6 7/18/2023

Finance and Management Services
www.santa-ana.org/finance
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Adoption of the Resolution Authorizing the Investment of Monies into California Class Prime Fund
AGENDA TITLE:

Adopt a Resolution Authorizing the Investment of Monies in the California CLASS Prime Fund

RECOMMENDED ACTION
Adopt a Resolution Authorizing the Investment of Monies in the California CLASS Prime Fund.

DISCUSSION
The investment policy adopted on July 6, 2023 added California Cooperative Liquid Assets Security System (California CLASS) as an allowable investment instrument. The approval of this Resolution would be the final requirement to start investing of City of Santa Ana monies in the California CLASS Prime Fund. The California CLASS, sponsored by Cal Cities and the California Special Districts Association, is a local government investment pool. The investment program is a Joint Powers Authority (JPA) created pursuant to the California Joint Exercise of Powers Act and is governed by a Board of Trustees comprised of special district and city finance professionals.

The Prime Fund is managed by the California CLASS in compliance with the requirements of California law, specifically California Government Code Section 53601(p). The investment objectives of the Prime Fund are to preserve principal, provide daily liquidity, earn a competitive rate of return, and maintain a stable Net Asset Value. The Prime Fund accrues net income daily and pays net income a pro rata basis monthly.

Currently, the City participates in one other investment pool, the Local Agency Investment Fund (LAIF). While California CLASS operates in a similar manner, the short-term securities portfolio offers the opportunity to optimize interest earnings, while not sacrificing safety or liquidity of the funds. The investment committee staff conducted a thorough investigation of the proposed pool to ensure it meets the requirements of City’s Investment Policy. To expand diversification of the City’s investments, staff

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Adoption of the Resolution Authorizing the Investment of Monies into California Class Prime Fund
July 18, 2023

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Santa Ana City CouncilJuly 18, 2023

Santa Ana City Council
July 18, 2023