Santa Ana City Council
April 7, 2026

5 6
8 3
computers or mobile devices. Titles will automatically expire at the end of the lending period. Downloadable titles offer library patrons of all ages a convenient way to access information and materials from home or anywhere there is an internet connection.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The appropriation adjustment will recognize $8,170.41 in Library Miscellaneous Income revenue account (01111002-57990), and appropriate the same to Library Tech & Support Services, Computer Software Subscriptions expenditure account (01111190- 66511) as follows:

Fiscal
Year
Accounting
Unit-
Account #
Fund
Description
AU,
Account
Description
Amount
FY 25-26 01111190 –
66511 General Fund
Tech & Support
Services, Computer
Software
Subscriptions
$8,170.41

TOTAL $8,170.41

EXHIBIT(S)
N/A
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, City Manager

City Council
7 –
2 4/7/2026

City Manager’s Office
www.santa-ana.org/cm
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 7, 2026
TOPIC: River View Golf Course Land Lease with Orange County Flood Control District

AGENDA TITLE
Approve Lease Agreement with the Orange County Flood Control District for River View Golf Course Property Located at 1800 W. Santa Clara Avenue

RECOMMENDED ACTION
Authorize the City Manager to execute a 25-year lease agreement with the Orange County Flood Control District for the River View Golf Course, located at 1800 W. Santa Clara Avenue (Santa Ana River Channel Facility Nos. E01-1008, 1008.1, 1051.01, 1052.01 and 1053), beginning May 1, 2026, with provisions for five optional five-year extensions, with an annual lease payment of $200,000, increasing by CPI capped at 3% per year.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The original 9-hole Riverview Golf Course was constructed on City-owned land in the early 1960’s. On September 2, 1969, River View Golf LLC entered into an agreement with the Orange County Flood Control District (District) for use of approximately 70 acres of District land along the Santa Ana River Channel to expand the golf course into an 18-hole facility. The District’s land is used for nine (9) of the 18 golf course holes.

The driving range, putting green, clubhouse, pro shop, cart barn, parking lot, and remaining nine (9) holes are located on City-owned land.

The land lease agreement between the District and River View Golf LLC expired January 26, 2026. The District and River View Golf LLC have extended the agreement on a month-to-month basis while awaiting a long-term agreement with the City. The current lease payment to the District is a share of net golf course income, an approximate total of $288,000 for the 2025 calendar year.

On March 3, 2026, City Council approved an agreement with CourseCo, Inc. to operate the River View golf course for the City, as the current operator agreement with River View Golf LLC expires on April 30, 2026. The City has negotiated a proposed land lease agreement with the District to continue using its 70 acres for the golf course (Exhibit 1).

City Council
8 –
1 4/7/2026

River View Golf Course Land Lease with Orange County Flood Control District April 7, 2026

5 6
5 5
The term of the proposed agreement is 25 years with five (5) additional, 5-year extensions at the City’s option. The proposed annual lease payment to the District is $200,000, to be paid in 12 equal monthly installments, increasing by CPI capped at 3% annually.

If City Council approves the proposed agreement, it will be presented to the Orange County Board of Supervisors for approval on April 14, 2026 to become effective on May 1, 2026.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project involves execution of a 25-year lease agreement with the Orange County Flood Control District for the River View Golf Course, an existing golf course with ancillary supportive facilities, beginning May 1, 2026. No site alteration, expansion of service, or other activity is proposed that would have a physical effect on the environment, and any future improvements to the site following execution of the lease would be reviewed pursuant to the CEQA Guidelines for any project-specific impacts. Based on this analysis, a Notice of Exemption will be filed for this Project.

FISCAL IMPACT
Lease payments totaling $200,000 in the first year of the agreement will be made from the River View golf course operating account as part of the City Council approved budget each year, and will be recorded in the River View golf course enterprise fund account 11213200-62500.

EXHIBIT(S)

1. Lease Agreement with Orange County Flood Control District Submitted By: Kathryn Downs and Minh Thai, Assistant City Managers Approved By: Alvaro Nuñez, City Manager

City Council
8 –
2 4/7/2026

3/2/2026 Page 1 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
Lease Number 2026-
Facility Number E01-1008, 1008.1, 1051.01, 1052.01 and 1053 Location Name: Santa Ana River channel between 22 Fwy and 17th St.

Premises Address 1800 W. Santa Clara Avenue, Santa Ana, CA 92706

LEASE

THIS IS A LEASE ( hereinafter referred to as “Lease”) made ___________________, 2026, (“Effective Date”) by and between ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic (hereinafter referred to as “ District” or “ Lessor”) and CITY OF SANTA ANA, a municipal corporation and charter city , (hereinafter referred to as “ City”). District and City may individually be referred to herein as a “Party” or collectively as the “Parties.”

RECITALS

A. Pursuant to that certain agreement between the District and River View Golf LLC dated September 2, 1969 as amended (“District Agreement”), River View Golf LLC has operated River View Golf Course, a public golf course, on a portion of the District’s Santa Ana River Channel, identified as Facility Nos. E01-1008, 1008.1, 1051.01, 1052.01 and 1053 collectively containing approximately 70 acres (“District Property”) located along the Santa Ana River between the 22 freeway and 17th Street in the City of Santa Ana, California. The District Agreement expired on January 26, 2026, and is in holdover status for the termination of the District Agreement to be coterminous with the City Agreement, as defined below.

B. Pursuant to that certain agreement between the City and River View Golf LLC dated August 21, 1961 as amended (“City Agreement”), River View Golf LLC also operates portions of the golf course, the driving range, a pro shop, parking, a bar and a restaurant on City owned property adjacent to the District Property, that is identified as 1800 W. Santa Clara Avenue, Santa Ana, CA. The City Agreement is set to expire April 30, 2026.

C. At the expiration of both the District Agreement and City Agreement, River View Golf LLC will cease operations, and the City will take over operation of the golf course, as more fully set forth below. The City has requested that the District lease its District Property to the City to allow the continue d the operation of River View Golf Course as an 18 hole public golf course.

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the District and the City agree as follows:

1. DEFINITIONS (1.0 SR)

The following words in this L ease shall have the significance attached to them in this Clause (DEFINITIONS), unless otherwise apparent from context:

City Council
8 –
3 4/7/2026

3/2/2026 Page 2 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
“Board of Supervisors ” means the Board of Supervisors of the County of Orange, a political subdivision of the State of California.

“CEO/Office of Risk Management ” means the Risk Manager, County Executive Office, Risk Management, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors.

“Chief Real Estate Officer ” means the Chief Real Estate Officer, County Executive Office, County of Orange, or upon written notice to City, such other entity as shall be designated by the County Executive Officer.

“Chief Engineer” means the Chief Engineer, OC Public Works and/or District, County of Orange, or designee, upon written notice to City, such other person or entity as shall be designated by Director.

“County Counsel” means the County Counsel, County of Orange, or designee, or upon written notice to City, such other person or entity acting in a similar capacity as shall be designated by the Board of Supervisors.

“County Executive Officer ” means the County Executive Officer, County Executive Office, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the Board of Supervisors.

“Director of OC Public Work s” or “ Director” means the Director of Orange County Public Works or designee.

“Treasurer-Tax Collector” means the Treasurer-Tax Collector, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the Board of Supervisors.

2. PREMISES (1.1 SR)

District hereby leases to City, and the City leases from the District, the District Property located within the Santa Ana River Channel, commonly known as River View Golf Course in Santa Ana, CA, as described in Exhibit A and shown on Exhibit B, (“Premises”) which exhibits are attached hereto and by this reference made a part hereof. The Premises are accepted “as is” and “where is” by City, subject to any and all existing easements and encumbrances.

3. USE (1.2 SR)

City’s use of the Premises shall be limited to continuation of the existing golf course facility and operations, including operation of a n eighteen-hole public golf course and landscape improvements (e.g., grading, landscape architecture, cart paths, tees, plantings, irrigation systems and any repair and maintenance related thereto . No additional landscaping, trees, shrubbery or plantings shall be added to the Premises and landscaping will not be allowed to expand outside of the existing greens, without a county permit and prior written approval of the District. Permitted activities shall include public golfing, the sale of food and beverages consistent with golf course

City Council
8 –
4 4/7/2026

3/2/2026 Page 3 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
operations, golf lessons, tournaments, events, and similar functions including the use of golf equipment and motorized golf carts.

The above listed uses are the only uses permitted. City agrees not to use the Premises for any other purpose, nor to engage in or authorize any other activity within or from the Premises, without prior District approval. District approval is subject to negotiation by the Parties and may result in additional charges for Rent and/or Additional Rent as those terms are defined a nd used in Clause 9 (RENT) below; however, District shall have sole discretion to authorize or deny any additional activity requested by City consistent with the flood control purposes of t he Facilities, as defined below. Additionally, the City shall not use the Premises or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance or waste to be created or maintained thereon.

City agrees that no new improvements shall be erected, placed upon, operated, or maintained within the Premises without the District’s express written consent . City agrees that no business shall be conducted or carried on therein or therefrom, in violation of the terms of this Lease, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction.

4. DISTRICT’S USE RESERVATIONS AND RIGHT OF ENTRY (1.3 SR)

The Premises lie within an area required for the maintenance and operation of the Santa Ana River and the Santiago Creek flood control and water conservation facilities (“Facilities”). These Facilities are an integral part of a flood control and water conservation system that District operates to fulfill its primary function of protecting life and property in Orange County. Use of the Premises by City shall be at all times subordinate to use by the District for activities related to flood control or water conservation. District reserves the right for itself, and the U.S. Army Corps of Engineers (“USACE”) from time to time, without unreasonable interference, to access , enter and use the Premises. City shall cooperate with District and/or any of the person s or entities acting for, on behalf of or cooperating with the District, during scheduled operations or unanticipated events that require access to the Premises. District shall make best efforts to plan and notify City in advance of its intent to access the Premises.

All rights reserved to the District in this Lease shall be exercised by District at its sole and absolute discretion. District shall incur no liability to City or others whose interest in the Premises stems from that of City for any action undertaken while accessing the Premises including construction, reconstruction, maintenance, operation, improvement, enlargement or modification of said Facilities by District or any of the persons or entities acting for, on behalf of or cooperating with the District.

City further waives all claims and recourse against District, including the right of contribution for loss or damage of persons or property arising from growing out of or in any way connected with this Lease, including each and every type of damage caused by flooding, erosion or otherwise to the Premises that may r esult from the D istrict’s flood control facilities or work on or near the Premises, except claims arising from the concurrent active or sole negligence or willful misconduct of the District.

City Council
8 –
5 4/7/2026

3/2/2026 Page 4 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

5. PARKING (1.4 SR)

All Parking required for the City’s operation of the golf course is located wholly within the City owned property. Other than golf carts in the process of play, no parking shall be permitted upon the Premises without written approval of the District.

6. TERMINATION OF PRIOR AGREEMENTS (1.5 SR)

Intentionally Deleted

7. TERM (1.6 SR)

The initial term of this Lease shall be for Twenty Five (25) years (“Term”), commencing May 1, 2026 at 12:01AM (Commencement Date), unless otherwise modified by mutual written consent of the Parties, and upon the conditions that both the District Agreement and City Agreement are no longer in effect and the prior tenant, River View Golf LLC , has vacated the Premises . The Parties agree that the Commencement Date of this Lease will be confirmed in writing by either Party upon demand by the o ther. Either Party may terminate this agreement at any time, without cause by giving the other Party one hundred and eighty days’ (180) advance notice of such termination.

8. CITY’S OPTION TO EXTEND TERM (1.7 SR)

Provided City is not in and has not been in Default under this Lease or any approved Extension Term of this Lease, as defined in Clause 32 (DEFAULTS AND REMEDIES), City may exercise its right to extend the Lease for up to five (5) additional, five- (5) year terms (Extension Terms).

A request from the City for an extension shall be in writing and must be made no later than one hundred and twenty (120) days prior to the expiration of this Lease or preceding Extension Term.

9. RENT (1.8 SR)

A. Base Rent. The City shall initially pay to the District annual rent in the amount of Two Hundred Thousand Dollars ($200,000) for the first 12 months of the Term of this Agreement, payable in twelve (12) equal monthly installments. Thereafter, the City shall adjust its rent in accordance with subdivision (B) of this Clause. The first installment shall be due on the Commencement Date of this Lease.

B. CPI Adjustment . Beginning with the thirteenth (13 th) month of the Term, and annually thereafter, the Rent shall be increased by an amount equal to the percentage increase in the Consumer Price Index for all urban consumers, Los Angeles -Anaheim-Riverside statistical area, all items (1982-84 = 100) published by the United States Department of Labor, Bureau of Labor Statistics ("CPI") for the preceding 12-month period, if any such increase has occurred. Said CPI adjustment will be capped at a maximum increa se of three percent (3%) each adjustment. The adjusted rent shall be effective with the payment due at the start of each adjustment period.

C. Additional Rent. In the event that City uses or permits the Premises to be used for any activity not expressly permitted herein, City shall pay to District the greater of Five Hundred Dollars ($500)

City Council
8 –
6 4/7/2026

3/2/2026 Page 5 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
or a sum equal to one hundred percent (100%) of the gross revenue derived from such unpermitted activity. The existence of this charge or the payment or receipt of money under this Clause does not constitute authorization for City to continue such activity nor does it constitute a waiver of District’s right to require City to terminate such activity. The Parties agree that District’s actual damages in the event of such a breach of this Lease would be extremely difficult or impossible to determine; therefore, an amount equal to the greater of Five Hundred Dollars ($500) or a sum equal to one hundred percent (100%) of the gross revenue derived from such activity has been negotiated and agreed upon by the Parties as the best estimate of District’s reasonable damages.

The Parties agree that Rent and Additional Rent shall be absolutely net to District and that, except as otherwise provided herein, City will pay all costs, charges, insurance premiums, taxes, utilities, expenses and assessments of every kind and nature incurred for, against or in connection with the Premises which arise or become due during the Term or any Extension Term as a result of City’s use and occupancy of the Premises. Under no circumstances is District obligated or required to make any payment of any kind whatsoever or be under any other obligation or liability under this Lease except as expressly provided in Clause 15 (OBLIGATIONS OF THE DISTRICT).

10. RENT PAYMENT PROCEDURE (2.0 SR)

Rent payments shall be identified within the payment instrument as River View Lease Payment along with the Lease number as shown in the header or footer of this document and shall include the month and year such payment applies to. Rent payments shall be delivered to:

Orange County Treasurer-Tax Collector
Revenue Recovery/Accounts Receivable Unit
P.O. Box 4005
Santa Ana, California 92702-4005

All sums due under this Lease shall be paid in lawful money of the United States of America, without offset or deduction or prior notice or demand. Rent payments m ust be made by check payable to the “Orange County Flood Control District.” District may change the designated place of payment and filing at any time upon ten (10) calendar days' written notice to City. City assumes all risk of late payments if checks are unidentified, or lost, if payments are made by mail.

No payment by City or receipt by District of a lesser amount than the payment due shall be deemed to be other than on account of the payment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and District shall accept such check or payment without prejudice to District's right to recover the balance of the amount due or pursue any other remedy in this Lease. Nor shall District’s acceptance of a lesser amount due or delay in pursuing full payment act as a legal bar against District’s recovery of any amount due under this Lease.

11. CHARGE FOR LATE PAYMENT (2.1 SR)

City hereby acknowledges that the late payment of R ent or any other sums due hereunder will cause District to incur costs not contemplated by this Lease, the exact amount of which will be

City Council
8 –
7 4/7/2026

3/2/2026 Page 6 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
extremely difficult to ascertain. Such costs include but are not limited to costs such as administrative processing of delinquent notices, increased accounting costs, etc.

Accordingly, if any payment of Rent as specified in C lause 9 (RENT) or if any other sum due District under this Lease is not received by District within fifteen (15) days after the due date, a late charge of Two Hundred Dollars ($200) shall be added to the payment, and the total sum shall become immediately due and payable to District. An additional charge of Two Hundred Dollars ($200) shall accrue monthly for each additional month that said payment remains unpaid.

City and District hereby agree that such late charges represent a fair and reasonable estimate of the costs that District will incur by reason of City's late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by District shall in no event constitute a waiver of City's Default (as defined in C lause 32 (DEFAULTS AND REMEDIES) ) with respect to such overdue payment or prevent District from exercising any of the other rights and remedies granted hereunder.

12. LEASE ADMINISTRATIVE COSTS (SRLic-2.2 SR)

Intentionally Deleted

13. SECURITY DEPOSIT (2.3 SR)

Intentionally Deleted

14. RECORDS AND ACCOUNTS (2.4 SR)

Intentionally Deleted

15. OBLIGATIONS OF THE DISTRICT

District shall maintain the Facilities adjacent to or within the Premises consistent with comparable flood control channels pursuant to District’s legal obligations , which shall not be subject to the discretion of the City.

District may provide routine inspections of the Premises and Facilities and shall provide the City a copy of the most current inspection report, upon City’s written request.

District reserves the right unto itself and to USACE to perform any flood control work, including but not limited to the repair, removal, construction or reconstruction of said Facilities or to do any other work necessary at any time for purposes of flood control and water conservation, which are a higher public use than the recreational purposes contemplated by the City . The District may require the City to close a portion of the Premises as necessary to ensure safety during construction, maintenance or repair activities involving the Facilities , however, City’s rent shall be partially abated using a daily pro rata formula based on the current rent applicable to the percentage of the golf course holes closed, using the formula below:

City Council
8 –
8 4/7/2026

3/2/2026 Page 7 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
Total Abated Rent = Annual Rent x Inoperable Days x Closed Holes 365 Total Holes

District shall review and respond to all City requests for modifications or construction through the District’s encroachment permit process as set forth in Clause 16 (MAINTENANCE OBLIGATIONS OF CITY), below.

16. MAINTENANCE OBLIGATIONS OF CITY – CONDITIONS AND CARE OF PREMISES (2.5 SR)

A. City shall, to the satisfaction of District, keep and maintain, or cause to be kept and maintained, the Premises and all City Improvements (as that term is defined in Clause 19, below) of any kind in place and used, occupied, or otherwise operated or maintained by the City on the Premises prior to the Commencement Date, or which may be erected, installed, or made thereon by City or its Licensee or Licensees, during the Term or any Extension Term of this Lease, in good condition and in substantial repair, provided that in the event of (i) substantial damage to any such City Improvements it shall be at City’s option whether to repair or replace such improvements (provided that if the improvements are not to be repaired or replaced, then they shall be placed into a safe condition or removed), as provided in Clause 20 (OPERATIONAL REQUIREMENTS OF CITY) below; or (ii) City or its Licensee(s) ceases to use any improvements, it shall be at City’s option to not repair or replace any such improvement so long as the improvement is maintained in a safe condition or removed. Subject to the foregoing, it shall be City's responsibility to take all steps necessary or appropriate to maintain such a standard of condition and repair.

B. City shall at its sole cost and expense , keep the Premises clean and in good repair at all times during the entire term of this Lease including clean-up of any trash or debris that migrates into the adjacent Facilities from the Premises. Except as otherwise expressly set forth in this Lease, City shall be responsible for all costs relating to the operation and maintenance of the Premises.

C. City shall be solely responsible for all costs and expenses for any maintenance and repairs necessitated by the actions of City, or Licensee(s), resulting in an extraordinary load imposed on underground utilities outside the Premises which actually caus es damage or contamination of Flood Control facilities or property.

D. If City fails to maintain or make repairs or replacements as required herein, District shall notify City in writing of said failure. Should City fail to correct the situation within ten (10) days after receipt of written notice specifying the condition to be corrected (provided that such 10-day period may be extended accordingly if a longer time is reasonably necessary to correct the condition and City promptly commences such cure and diligently prosecutes it to completion), District may make the necessary correction or cause it to be made and the cost thereof, including but not limited to the cost of labor, materials, equipment, shall be paid by City within ten (10) days of receipt of a statement, including reasonable supporting documentation, of said cost from District.

E. If City receives an inspection notice or a deficiency notice following an inspection by any public or regulatory agency having jurisdiction, City agrees to make any and all corrections in the manner required immediately upon receipt of such notice, provided such items and/or corrections fall within the purview of City’s responsibilities as set forth herein. City's failure to comply with

City Council
8 –
9 4/7/2026

3/2/2026 Page 8 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
the provisions of this Clause 16 shall constitute a City Default and the District may proceed with any and all District Remedies as defined in Clause 32 (DEFAULTS AND REMEDIES), and this Lease shall be subject to termination at District's option.

F. District shall have no obligation or responsibility to dredge, remove debris, or to maintain, repair, or replace improvements constructed within the Premises, except as otherwise required by applicable law, including but not limited to the Orange County Flood Control Act. City shall have no obligation to dredge the Premises nor to maintain, supervise, repair or replace any improvements installed by District.

G. City shall be responsible for routine and detailed inspections of the Premises to self -identify, maintain and repair the Premises and any Facilities impacted by golf play, to its current condition, as shown depicted in Exhibit B, attached hereto. This includes, but is not limited to, removal of all trash, removal of all trespassers , vegetation trimming to maintain existing vegetation limits to prevent vegetation migration into the drainage outlets , herbicide spray program for slopes and invert, rodent control, hazardous spill cleanup, minor slope erosion, bridge abutment washouts, riprap repairs, removing obstructions, graffiti abatement, irrigation and landscaping repairs or modifications, BMPs (as defined hereafter) for sediment and erosion, signage, and any other maintenance deficiencies identified in writing by District or the USACE. The difference between minor slope erosion and major slope erosion shall be determined at the reasonable discretion of the District’s Chief Engineer , who shall provide such support for such determination and collaborate with the City in good faith when making such determination.

H. City shall also conduct inspections prior, during, and post rain events to ensure the Premises and Facilities are fully functional and free of obstructions.

I. In the event District’s flood control operations, emergency access, or post -storm activities render the golf course unplayable, City’s rent shall be abated using the formula set forth in Clause 15 (OBLIGATIONS OF THE DISTRICT).

J. District agrees to continue maintaining the surrounding flood control channel as required by law and/or regulation.

17. CONSTRUCTION AND/OR ALTERATIONS BY CITY (2.6 SR)

A. District’s Consent. No grading shall take place, nor any construction, structures, improvements, additional vegetation or landscaping or facilities be built, erected, altered, or made within the Premises without prior written consent of District’s Chief Engineer and obtaining a permit through the County and/or United States Army Corps of Engineers permitting processes, as applicable. No pumping equipment shall be installed upon the Premises without first obtaining prior approval of such installation from the Chief Engineer. Any conditions relating to the manner, method, design, and construction of said structures, improvements, or facilities required by the District as a condition to grant such consent, shall be conditions hereof as though originally stated herein. City may, at any time, at its sole expense, install, and replace business fixtures and equipment constructed by City, within the Premises.

City Council
8 –
10 4/7/2026

3/2/2026 Page 9 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
B. Strict Compliance with Plans and Specifications. All improvements constructed by City within the Premises shall be constructed in strict compliance with detailed plans and spec ifications approved by District’s Chief Engineer and to the extent applicable, in compliance with the requirements of California Public Contract Code Section 22000 et seq ., which requires those improvements to be constructed as if such improvements had been constructed under the direction and supervision, or under the authority, of District.

C. Permits. All District-approved improvements to the Premises installed or constructed by City shall be constructed in accordance with valid permits and all applicable laws and in a good and workmanlike manner, including, but not limited to, (a) City shall be required to secure the faithful performance of construction and completion of construction of the improvement by appropriate contractor’s bonds as required by the California Public Contracts Code and shall require its contractor or contractors to pay the prevailing rate of per diem wages for work of a similar character in the locality of the District and not less than the general prevailing rate of per diem wages for holiday and overtime work, as provided in Clause 33 (LABOR CODE COMPLIANCE) of this Lease; and (b) To the extent required by applicable law, City shall comply, and shall cause any of its Sublessees, licensees, contractors and subcontractors to comply, with all County of Orange ordinances and public contracting laws regarding public works contracts, including, but not limited to, the bidding requirements under the California Public Contracts Code. City shall publicly advertise for bids for such improvements and shall provide District a list of all bid s received for the contract; and (c) thereafter, with the prior written approval of District as to the winning bid, City shall award the contract or contracts for such improvements.

All preparation and processing for environmental clearance shall be at City’s sole cost and expense.

In the event that the environmental process results in any required mitigation measures, performance of such mitigation measures, including all associated costs and expenses shall be the sole responsibility of City.

District has no obligation to notify City regarding requirements for permits, licenses, approvals or other consents from governmental agencies, including the County of Orange in its regulatory capacity, nor shall District have any obligation to obtain permits, licenses, approvals or other consents from governmental agencies on behalf of City. District agrees to give its consent as property owner to any application made with regard to any such permits, licenses, approvals or other consents that may be required by any governmental agency or by the County of Orange in its regulatory capacity related to activities or design and construction of improvements approved by District in accordance with this Lease. Any such consent given by District as the property owner is not to be interpreted to obligate District to pay any fees related to the application or issuance of any such permit, license, approvals or other consents, nor shall such consent be deemed a waiver of any fee that may be charged by County’s Property Permit department. Any conditions placed on City’s design and construction or operation of the Premises as a result of the issuance of permits, licenses, approvals or other consents shall be the sole obligation of City with regard to performance responsibilities, cost and expense.

Any approvals or consents given by District under this Lease, as a party to this Lease, shall not be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules and/or regulations or approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements nor shall District,

City Council
8 –
11 4/7/2026

3/2/2026 Page 10 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
as a party to this Lease be responsible for permitting of any construction and/or maintenance, design, assumptions or accuracy of City’s construction and/or maintenance plans.

All planning and architectural/design costs required to complete the construction shall be City’s responsibility and shall be approved by the Director. Such approvals will not be unreasonably withheld or delayed and shall not relieve City of the responsibility for complying with all applicable codes and construction requirements, nor of obtaining necessary permits or approvals from the authorities of proper jurisdiction.

18. "AS-BUILT" PLANS AND CONSTRUCTION COSTS (PMD5.1 N)

Within 60 days following completion of any City Improvement within the Premises, City shall furnish Chief Engineer with a complete set of digitally reproducible files and two sets of Record Drawings ("As-Built") plans.
• Record Drawings: All CAD files are to be converted to Acrobat Reader (*.pdf format), which shall constitute the digitally reproducible files, and shall be in accordance with OC Public Works CAD Standards Manual.

City must obtain Chief Engineer's approval of "As-Built" plans, and the form and content of the itemized statement corresponding to the approval. City shall also furnish the Chief Engineer with all CAD data files, which shall be in the following software format:
• AutoCAD format; Microsoft Windows based system: Submission of all CAD data files shall be in accordance with OC Public Works CAD Standards Manual

No other formats are acceptable. Chief Engineer reserves the right to reject CAD files delivered in any other formats not specified above.

In addition, City, shall furnish Chief Engineer the recorded Notice of Completion (NOC) and an itemized statement of the actual construction costs of such improvement. The statement of cost shall be sworn to and signed by City or his responsible agent under penalty of perjury. City must obtain Chief Engineer’s approval of "As-Built" plans, and the form and content of the itemized statement.

19. OWNERSHIP OF IMPROVEMENTS (2.7 SR)

City shall provide all equipment necessary for use of the Premises consistent with this Lease. All improvements, and facilities, exclusive of trade fixtures, constructed or placed within the Premises by City (“City Improvements”) must, upon completion, be free and clear of all liens, claims, or liability for labor or material and , at District's option shall, become property of District at the expiration of this Lease or upon earlier termination hereof. Alternatively, District retains the right to require City, at City's cost, to remove all City Improvements located on the Premises at the expiration or termination hereof. In the event that City fails to remove said City Improvements within fifteen (15) days following receipt of written notice from District to do so, such City Improvements will be deemed abandoned, and City shall lose all right, title and interest in and thereto, and District may elect (i) at City’s cost, to remove, demolish, or otherwise dispose of some or all of such items, or (ii) sell or make use of any or all such items.

City Council
8 –
12 4/7/2026

3/2/2026 Page 11 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

20. OPERATIONAL REQUIREMENTS OF CITY (2.8 SR)

A. Quality and Service Standards . City shall at all times operate the Premises in a manner consistent with Clause 3 (USE) and Clause 16 ( MAINTENANCE OBLIGATIONS OF CITY – CONDITIONS AND CARE OF PREMISES).

B. Standards of Operation . City shall operate the Premises in a manner similar to other comparable facilities in Southern California that offer similar services and amenities. City shall, at its sole expense, take reasonable steps to provide security measures for the protection of persons and property within the Premises.

C. Protection of Environment. City shall not permit:

1. Littering within the Premises.

2. Excessive noise emanating from the Premises.

3. Excessive light and glare from light fixtures within the Premises that could affect the safe operation of automobiles and aircraft in the area.

4. Discharge or runoff of pollutants, including fertilizer, petroleum products, waste and debris from any source on the Premises into the waters within or adjacent to the Premises or other activities that are harmful to water quality.

5. City shall immediately report any spillage, leakage, or discharge of any toxic, hazardous or polluting materials to the proper authorities and to District.

Failure by City to comply with A, B and C of this Clause shall result in City Default and District shall have the right to exercise any remedy available to it by virtue of such City Default in addition to any District Remedies defined in Clause 32 (DEFAULTS AND REMEDIES).

D. On-Site Management

1. City shall employ and designate to District a competent manager (“Facility Manager”) who shall be responsible for the day -to-day operation and maintenance, cleanliness, and general order of the Premises. Facility Manager shall be vested with the authority of City with respect to the supervision over the operation and maintenance of the Premises, including the authority to enforce compliance by City’s agents, employees, subcontractors, concessionaires, or licensees with the terms and conditions of this Lease and any and all rules and regulations adopted hereunder. City shall notify District in writing of the name of the Facility Manager currently employed, as well as successor managers, in the manner as provided in Clause 64 (NOTICES) below.

2. City agrees to obey, abide by, and be in conformance with all applicable governmental codes, laws, rules and/or regulations, now or hereafter promulgated, concerning operations on the Premises.

21. MECHANICS LIENS OR STOP-NOTICES (2.9 SR)

City shall at all times indemnify, defend with counsel approved in writing by District and save District harmless from all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the Premises, and from the cost of defending against

City Council
8 –
13 4/7/2026

3/2/2026 Page 12 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
such claims, including attorney fees and costs, unless such claims, losses, demands, damages, costs, expenses, or liability costs arise from the negligence or willful misconduct of District.

In the event a lien or stop-notice is imposed upon the Premises as a result of such construction, repair, alteration, or installation, City shall either:

A. Record a valid Release of Lien, or
B. Procure and record a bond in accordance with Section 3143 of the Civil Code, which frees the Premises from the claim of the lien or stop-notice and from any action brought to foreclose the lien.

Should City fail to accomplish either of the two optional actions above within fifteen (15) days after the filing of such a lien or stop-notice, the City shall be in City Default and shall be subject to immediate termination of this Lease.

22. INSURANCE (3.0 SR)

City agrees to purchase all required insurance or maintain a program of self-insurance at City’s expense and to deposit with the District certificates of insurance, including all endorsements required herein, necessary to satisfy the District that the insurance provisions of this Lease have been complied with and to keep such insurance coverage and the certificates and endorsements therefore on deposit with the District during the entire term of this Lease.

City agrees that City shall not operate on the Lease Area at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of the District. In no case shall assurances by City, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. District will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. City also agrees that upon cancellation, termination, or expiration of City's insurance, District may take whatever steps are necessary to interrupt any operation from or on the Premises until such time as the District reinstates the Lease.

If City fails to provide District with a valid certificate of insurance and endorsements, or binder at any time during the term of the Lease, District and City agree that this shall constitute a material breach of the Lease. Whether or not a notice of default has or has not been sent to City, said material breach shall permit District to take whatever steps necessary to interrupt any operation from or on the Premises, and to prevent any persons, including, but not limited to, members of the general public, and City's employees and agents, from entering the Premises until such time as District is provided with adequate evidence of insurance required herein. City further agrees to hold District harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from the District's action.

City may occupy the Premises only upon providing to District the required insurance stated herein and maintain such insurance for the entire term of this Lease. District reserves the right to terminate this Lease at any time City’s insurance is canceled or terminated and not reinstated within ten (10)

City Council
8 –
14 4/7/2026

3/2/2026 Page 13 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
days of said cancellation or termination. City shall pay District a fee of $1000.00 for processing the reinstatement of the Lease. City shall provide to District immediate notice of said insurance cancellation or termination.

All contractors performing work on behalf of City pursuant to this Lease shall obtain insurance subject to the same terms and conditions as set forth herein for City. City shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by the District from the City under this Lease. It is the obligation of the City to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within the Premises. Such proof of insurance must be maintained by City through the entirety of this Lease and be available for inspection by a District representative at any reasonable time.

All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self- insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the District’s Risk Manager, or designee . The District reserves the right to require current audited financial reports from City. If City is self -insured, City will indemnify and defend District for any and all claims resulting or arising from City’s use of the Premises or performance in accordance with the indemnity provision stated in this Lease.

Qualified Insurer

The policy or policies of insurance must be issued by an insurer with a minimum rating of A - (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property -Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier).

The policy or policies of insurance must be issued by an insurer with a minimum rating of A - (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).

If the insurance carrier does not have an A.M. Best Rating of A -/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

The policy or policies of insurance maintained by the City shall provide the minimum limits and coverage as set forth below:

Coverages Minimum Limits
Commercial General Liability $5,000,000 per occurrence $5,000,000 aggregate
Automobile Liability including coverage
for owned, non-owned and hired vehicles
$1,000,000 combined single limit each
accident

City Council
8 –
15 4/7/2026

3/2/2026 Page 14 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

Coverages Minimum Limits
Workers' Compensation Statutory
Employers' Liability Insurance $1,000,000 per occurrence Pollution Liability $1,000,000 per claims made or occurrence Commercial Property Insurance on an “All
Risk” or “Special Causes of Loss” basis
covering all, contents and any City
improvements including Business
Interruption/Loss of Rents with a 12-month
limit.
100% of the Replacement Cost Value and
no coinsurance provision

Required Coverage Forms

The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage at least as broad.

Required Endorsements

The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance:

1) An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the Orange County Flood Control District and the County of Orange, its elected and appointed officials, officers, employees, agents as Additional Insureds. Blanket coverage may also be provided which will state- As Required By Written Agreement.

2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad, evidencing that the City’s insurance is primary, and any insurance or self-insurance maintained by the District and the County of Orange shall be excess and non-contributing.

The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the District and the County of Orange, its elected and appointed officials, officers, agents and employees . Blanket coverage may also be provided which will state- As Required By Written Agreement.

City Council
8 –
16 4/7/2026

3/2/2026 Page 15 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
The Pollution Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:

1) An Additional Insured endorsement naming the Orange County Flood Control District, County of Orange, its elected and appointed officials, officers, employees, and agents, and as Additional Insureds.

2) A primary non -contributory endorsement evidencing that C ity’s insurance is primary, and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing.

Pollution Liability insurance must include coverage for bodily injury and property damage, including coverage for loss of use and/or diminution in property value, and for clean-up costs arising out of, pertaining to, or in any way related to the actual or alleged discharge, dispersal, seepage, migration, release or escape of contaminants or pollutants resulting from any services or work performed by, or behalf of, TENANT, including the transportation of hazardous waste, hazardous materials, or contaminants.

If City’s Pollution Liability policy is a claims-made policy, City shall agree to the following:

1) The retroactive date must be shown and must be before the date of the contract or the beginning of the Lease.

2) Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Lease.

3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the contract services, TENANT must purchase an extended reporting period for a minimum of three (3) yea rs after expiration of earlier termination of the Lease.

All insurance policies required by this lease shall waive all rights of subrogation against the District and the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment.

The Commercial Property policy shall contain a Loss Payee endorsement naming the District as respects the District’s financial interest when applicable.

The Commercial General Liability policy shall contain a severability of interests clause, also known as a “separation of insureds” clause (standard in the ISO CG 001 policy).

Insurance certificates should be forwarded to the District address provided in Clause 65 (NOTICES) below or to an address provided by Director. City has ten (10) business days to provide adequate evidence of insurance, or this Lease may be cancelled.

District expressly retains the right to require City to increase or decrease insurance of any of the above insurance types throughout the term of this Lease. Any increase or decrease in insurance

City Council
8 –
17 4/7/2026

3/2/2026 Page 16 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
will be as deemed by County of Orange Risk Manager as appropriate to adequately protect District.

District shall notify City in writing of changes in the insurance requirements. If City does not deposit copies of acceptable certificates of insurance and endorsements with District incorporating such changes within thirty (30) days of receipt of such notice, this Lease may be in breach without further notice to City, and District shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit City's liability hereunder nor to fulfill the indemnification provisions and requirements of this Lease, nor in any way to reduce the policy coverage and limits available from the insurer.

23. INDEMNIFICATION (3.1 SA)

City hereby agrees to indemnify, hold harmless, and defend the County of Orange (“County”) and District, their elected and appointed officials, officers, agents, employees, and those special districts and agencies which the Board of Supervisors acts as the governing board, with counsel approved by District, against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the ownership, maintenance, or use of the Premises, except for liability arising out of the negligence of District, its elected and appointed officials, officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event the County or District is named as co-defendant, City shall notify District of such fact and shall represent the County and District, with counsel approved by District, in such legal action unless the County and/or District undertakes to represent itself as co -defendant in such legal action, in which event City shall pay District’s litigation costs, expenses and attorneys’ fees. In the event judgment is entered against District because of the concurrent negligence of City, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment.

District hereby agrees to indemnify, hold harmless, and defend City, its officers, agents, and employees, against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the use of the Premises, except for liability arising out of the negligence of Less ee, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom.

24. HAZARDOUS MATERIALS (3.2 SR)

A. Definition of Hazardous Materials. For purposes of this Lease, the term “ Hazardous Materials” shall mean any hazardous or toxic substance, material, product, byproduct, or waste that is or shall become regulated by any governmental entity, including, without limitation, District, acting in its governmental capacity, the State of California or the United States government.

B. Use of Hazardous Materials. Except for those Hazardous materials which are customarily used in connection with any permitted use of the Premises, hereunder (which Hazardous Materials shall be used in compliance with all applicable laws and regulations), City or City’s employees, agents, independent contractors or invitees (collectively “City Parties”) shall not cause or authorize any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the Premises (which for purposes of this

City Council
8 –
18 4/7/2026

3/2/2026 Page 17 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
Clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, City and City Parties may keep on or about the Premises small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the Premises. Said permitted Hazardous Materials shall be stored in a safe locat ion and shall be disposed of in a manner provided by law.

C. City Obligations. If the presence of any Hazardous Materials on, under or about the Premises caused or authorized by City or City Parties results in (i) injury to any person, (ii) injury to or contamination of the Premises (or a portion thereof), or (iii) injury to or contamination or any real or personal property wherever situated, City, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Premises to the condition existing prior to the introduction of such Hazardous Materials to the Premises and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of District under this Lease, City shall pay the cost of any such cleanup or remedial work performed on, under, or about the Premises as required by this Lease or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or authorized by City or City Parties to be introduced on, under or about the Premises. Notwithstanding the foregoing, City shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the Premises caused or authorized by City or City Parties, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi¬ -governmental entity without first obtaining the prior written consent of the Director, which consent shall not be unreasonably withheld, conditioned or delayed. All work performed or caused to be performed by City as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, permits and other requirements for such work approved by Director, which approval shall not be unreasonably wi thheld, conditioned or delayed.

25. BEST MANAGEMENT PRACTICES (3.3 SR)

A. City shall conduct operations under this Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of but are not limited to curbs and gutters that are part of the street systems (“ Stormwater Drainage System ”), and to ensure that pollutants do not directly impact Receiving Waters (as used herein, “Receiving Waters” include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).

B. The Santa Ana Regional Water Quality Control Board has issued National Pollutant Discharge Elimination System (“NPDES”) permits (“Stormwater Permits”) to the County, Orange County Flood Control District and cities within Orange County, as co-permittees (hereinafter collectively referred to as “District Parties”) which regulate the discharge of urban runoff from areas within the DISTRICT, including the Premises leased under this Lease. The District Parties have enacted water quality ordinances that pr ohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System.

C. BMP Fact Sheets that apply to uses authorized under this Lease include the BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the Lease; and District shall provide City with any such modified BMP Fact Sheets. City, City’s agents, contractors, representatives and employees and all persons authorized by City to conduct activities on the Premises shall, throughout the term of this Lease, comply with the BMP Fact

City Council
8 –
19 4/7/2026

3/2/2026 Page 18 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Lease commences or as the Stormwater Permits may be modified. City agrees to maintain current copies of the BMP Fact Sheets on the Premises throughout the term of this Lease. The BMPs applicable to uses authorized under this Lease must be performed as described within all applicable BMP Fact Sheets.

D. City may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to District for review and approval prior to implementation.

E. District may enter the Premises and/or review City’s records at any time to assure that activities conducted on the Premises comply with the requirements of this Clause. City may be required to implement a self -evaluation program to demonstrate complianc e with the requirements of this Clause.

F. Among other requirements, the industrial NPDES permit requires periodic stormwater inspections by the State and/or District and/or OC Watersheds staff to ensure facility compliance, which may include annual inspections of the Facilities and Premises, with follow up inspections as a result of observed violations requiring corrective actions.

G. Dependent upon the reuse of the Premises, the Premises shall have a clarifier drain that captures low flow runoff from throughout the site, which ensures all flows are properly drained without any unacceptable runoff. City shall conduct their work throughout the site and any resultant low flow discharges shall work their way to the clarifier. In regard to City Improvements, City shall designate operational zones minimally affected by storm flows that allow drainage to the clarifier, and the non-operational portions of the site are to have normal storm discharges going through the storm drain system. As the site undergoes a new NPDES Industrial Permit application process, these conditions may get re-examined.

H. The BMPs shall stipulate the process for the City to take corrective actions and state the consequences of non-compliance or District options under the Lease to self-remedy the matter. The Santa Ana and San Diego Regional Water Quality Control Boards have established penalties/consequences for non-compliance and those are to be included in this Lease. District to have the option to terminate the Lease if the City does not correct a non-compliance situation in a timely manner.

I. Work activities are to be conducted in a controlled area where pollutants shall be contained, and any heavy metals detected at significantly higher levels than the benchmarks set by the Regional Board shall be addressed. All applicable BMPs are to be properly implemented, including any and all future modifications, updates, or replacement BMPs that may be issued from time to time, shall be used by City.

J. Site modifications, such as distinctly designated work areas with controls to prevent pollutants from escaping and wastewater drain, will be required to be segregated from stormwater drain.

K. In the event City fails to comply with all applicable BMPs, District, in addition to any and all remedies available in Clause 32 (DEFAULTS AND REMEDIES), shall have the right to self-help remedies or terminate the Lease as follows:

City Council
8 –
20 4/7/2026

3/2/2026 Page 19 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

1. Terminate the Lease due to non -compliance with the BMPs incorporated in the Lease and as BMPs may change from time to time, or;

2 Remedy a non -compliance situation with a chargeback to the City for the cost. The details regarding notification, timeline, and procedure are to be drafted and mutually agreed upon by both Parties to ensure all water quality issues are addressed within the Lease. In the event the City’s BMP implementation is lacking or if the City allows a prohibitive discharge to occur, then the Regional Board will only take enforcement action against District. Therefore, this Lease must establish a BMP compliance partnership with the City and the Lease must ensure the protection of water quality is inherent in the City’s day-to-day operations.

26. BUILDING AND SAFETY REQUIREMENTS (3.4 SR)

During the Term and any Extension Term(s) of this Lease, City, at City’s sole cost, agrees to maintain the Premises in compliance with all applicable laws, rules, regulations, building codes, statutes, and orders as they are applicable on the date of this Lease, and as they may be subsequently amended, including but not limited to the California Building Code, Title 24, Seismic Code, Fire and Life Safety requirements and, if applicable, California Green Building Standard Code.

Included in this provision is compliance with the Americans with Disabilities Act (“ADA”) and all other federal, state, and local codes, statutes, and orders relating to disabled access as they are applicable on the dates of this Lease, and as they may be subsequently amended, and all regulations issued by the U. S. Attorney General or other agencies under the authorization of the ADA.

However, City shall not be responsible for any ADA violations resulting from alterations made by District or the placement of fixtures or equipment by District.

City shall use commercially reasonable efforts to repair and maintain the Premises as a “safe place of employment,” as defined in the California Occupational Safety and Health Act (California Labor Code, Division 5, Part 1, Chapter 3, beginning with Section 6400) and the Federal Occupational Safety and Health Act, where the provisions of such Act exceed, or supersede, the California Act, as the provisions of such Act are applicable on the date of this Lease, and as they may be subsequently amended. District agrees to notify City of any repair or maintenance necessary within the Premises to comply with such Act and City agrees to diligently act to repair or maintain appropriately.

In the event City neglects, fails, or refuses to maintain said Premises as aforesaid, following thirty (30) days after written notice from District to City providing notice of such neglect, failure or refusal, District may, notwithstanding any other termination provisions contained herein:

A. Thirty (30) days following a second written notice of such neglect or failure or refusal, District may terminate this Lease with written notice to the City; or

B. At District’s sole option, cure any such City Default by performance of any act, including payment of money, and add the cost thereof plus reasonable administrative costs (ten percent (10%)) to the Rent.

City Council
8 –
21 4/7/2026

3/2/2026 Page 20 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

City agrees to reimburse and indemnify, and defend District for any expenses incurred because of the failure of the Premises to conform with any and all applicable laws, rules, regulations, building codes, statutes, and orders, including the costs of making any alterations, renovations, or accommodations required by the ADA, or any governmental enforcement agency, or any court, any and all fines, civil penalties, and damages awarded against District resulting from a violation or violations of the above -cited laws, rules, regulations, building codes, statutes, and orders and regulations, and all reasonable legal expenses incurred in defending claims made under the above- referenced laws, rules, regulat ions, building codes, statutes, and orders, including reasonable attorneys’ fees. Should City fail to comply with the provisions of this Clause 26, City may be found in City Default and the District may exercise those remedies set forth in C lause 32 (DEFAULTS AND REMEDIES).

27. DAMAGE TO OR DESTRUCTION OF CITY IMPROVEMENTS (3.5 SR)

City Improvements shall be maintained at the sole risk of the City, and District shall not be liable for any loss of or damage to said property resulting from any cause whatsoever unless such loss or damage is the result of District’s negligence or willful misconduct and not otherwise waived pursuant to Clause 4 (DISTRICT’S USE RESERVATIONS AND RIGHT OF ENTRY) above.

As a result of use by the City and in the event of damage to or destruction of City Improvements located within the Premises or in the event City Improvements located within the Premises are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, City shall, within thirty (30) days, commence and diligently pursue to completion the repair, replacement, or reconstruction of City Improvements to the same size and area as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Premises for the purposes required by the Lease. Repair, replacement, or reconstruction of City Improvements within the Premises shall be accomplished in a manner and according to plans approved by the Director. Except as otherwise provided herein, termination of this Lease shall not reduce or nullify City's obligation under this paragraph. With respect to damage or destruction to be repaired by District or which District elects to repair, City waives and releases its rights under California Civil Code Sections 1932 (2) and 1933 (4).

District shall not be liable for any damage to City Improvements located on the Premises, nor for the loss of or damage to any improvements of City or others by theft or otherwise. All improvements of City located or kept on the Premises shall be so kept or located at the risk of City unless such damage is caused by District willful misconduct or gross negligence.

28. CITY PERSONAL PROPERTY

City personal property kept or stored on the Premises shall be kept or stored and maintained at the risk of City and District shall not be liable for any loss of or damage to said property resulting from any cause whatsoever unless such loss or damage is the result of District’s negligence or willful misconduct and not otherwise waived pursuant to Clause 4 (DISTRICT’S USE RESERVATIONS AND RIGHT OF ENTRY) above.

If City abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to and left on the Premises fifteen (15) days after such

City Council
8 –
22 4/7/2026

3/2/2026 Page 21 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
event shall, at District's option, be deemed to have been transferred to District. District shall have the right to remove and to dispose of such property without liability therefor to City or to any person claiming under City and shall have no need to account therefor.

29. ASSIGNMENT AND SUBLETTING (3.5 SR)

Subject to prior review and approval by District, City may allow for the rental, licensing, permitting, or subletting of the Premises when doing so results in providing for the uses permitted in Clause 3 (USE) above. Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, license, permit, or assignment (hereinafter in this Clause referred to collectively as “Encumbrance”) of City’s interest in the Premises, or any part or portion thereof without the prior written approval of District is prohibited. All Encumbrances are subject to District’s review and approval, including those Encumbrances that result in providing for the uses permitted in Clause 3 (USE) above. District approval is subject to negotiation by the Parties and may result in additional charges for Rent and/or Additional Rent as those terms are defined and used in Clause 9 (RENT) above. District may reasonably withhold such approval.

Should District consent to any Encumbrance, such consent shall not constitute a waiver of any of the terms, covenants, or conditions of this Lease or be construed as District's consent to any further Encumbrance. Such terms, covenants or conditions shall apply to each and every Encumbrance hereunder and shall be severally binding upon each and every party thereto. Any document to mortgage, pledge, hypothecate, encumber, tran sfer, sublet, or assign the Premises or any part thereof shall not be inconsistent with the provisions of this Lease and in the event of any such inconsistency, the provisions of this Lease shall control.

City may, with prior notice, engage the services of a professional management company and such employment shall not be construed to be an assignment or transfer of the Lease. Any license, sublease, permit, etc. issued by City shall be consistent with and subject to the terms and conditions of this Lease and shall be subject to review and approval by the District, whose approval shall not be unreasonably withheld. Each license, sublease, permit, etc. issued by City shall require adequate insurance, as determined by the District, with District and the County of Orange named as additional insured, and the Licensees shall indemnify the District and the County of Orange, its elected officials, agents, officers, and employees.

30. TAXES AND ASSESSMENTS (3.6 SR)

If applicable, all taxes and assessments including, but not limited to, possessory interest tax, if any, which become due and payable upon the Premises shall be the full responsibility of City, and City shall cause said taxes and assessments to be paid prior to the due date. Should City fail to pay taxes and assessments due upon the Premises prior to the due date, District may pay such amount due and add the cost thereof, including overhead, to the Base Rent thereafter payable.

31. ESTOPPEL CERTIFICATE (3.7 SR)

City shall furnish upon receipt of a written request from District an estoppel certificate on District’s standard form Estoppel Certificate (attached hereto in Exhibit D containing information as to the current status of the Lease. Said standard form Estoppel Certificate shall be completed by City in

City Council
8 –
23 4/7/2026

3/2/2026 Page 22 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
a timely manner. The Estoppel Certificate shall be approved by Chief Real Estate Officer and County Counsel.

32. DEFAULTS AND REMEDIES (3.8 SR)

A. City Default. City shall be deemed in default of this Lease if: (a) in the event of any monetary breach of this Lease by City, District shall notify City in writing of such breach, and City shall have three (3) days from such notice in which to cure said breach or (b) in the event of any non - monetary breach of this Lease, City fails within fifteen (15) days after receipt by City of written notice specifying wherein such obligation of City has not been performed; provided however, that if the nature of City's obligation is su ch that more than fifteen (15) days after such notice are reasonably required for its performance, then City shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such fifteen (15) day period and thereafter diligently pursued to completion (each, a “City Default").

B. District Default. District shall be deemed in breach of this Lease if District fails within fifteen (15) days after receipt by District of written notice specifying wherein such obligation of District has not been performed; provided however, that if the nature of District's obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then District shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such fifteen (15) day period and thereafter diligently pursued to completion (each, a “District Default").

C. City Remedies. In the event of a District Default, the City may, at the City’s sole discretion, terminate the Lease, or shall have the right to injunctive relief, and/or any other rights at law or in equity (collectively, “City Remedies”). No delay or omission of City to exercise any right or remedy shall be construed as a waiver of such right or remedy or of any District Default hereunder..

D. District Remedies. If the City Default is a result of a monetary breach by City in the payment of the Rent or Additional Rent, pursuant to Clause 9 (RENT), District may, at the District’s sole discretion, (a) declare all Rent payments to the end of City’s current fiscal year to be due, including any delinquent rent from prior budget years or, (b) terminate the Lease. District’s remedies as the result of City Default for monetary or non -monetary breach shall be the right to damages, injunctive relief, and/or any other rights at law or in equity. No delay or omission of District to exercise any right or remedy shall be construed as a waiver of such right or remedy or of any City Default hereunder.

33. LABOR CODE COMPLIANCE (3.9 SR)

City acknowledges and agrees that any and all improvements or modifications required to be performed by Lessor at the request of District shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq. ), as applicable. These provisions may be applicable to improvements or modifications costing more than $1,000, unless an exception applies, including but not limited to the exception to the definition of public works under § 1720.2.

Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Orange District Board of Supervisors has obtained the general prevailing rate of per diem wages and the

City Council
8 –
24 4/7/2026

3/2/2026 Page 23 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
general prevailing rate for holiday and overtime work in the locality applicable to this Lease for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications from the State Department of Industrial Relation s. Copies of said prevailing wage rates may be obtained from the State of California, Department of Industrial Relations.

City hereby agrees to pay or cause its contractors and/or subcontractors to pay said prevailing wage rates at all times for all improvements or modifications to be completed for City within the Premises, and City herein agrees that City shall post, or cause to be posted, a copy of the most current, applicable prevailing wage rates at the site where the improvements or modifications are performed.

Prior to commencement of any improvements or modifications, City shall provide Director with the applicable certified payroll records for all workers that will be assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. City shall provide Director bi -weekly updated, certified payroll records for all workers including, but not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid.

If City fails to comply with this Clause, such occurrence may constitute an event of default of this Lease and District may, notwithstanding any other termination provisions contained herein:

A. Terminate this Lease upon written notice to City; or

B. At District’s sole option, District may deduct from City’s Security Deposit, as a penalty for such non -compliance of paying prevailing wage, which Security Deposit deduction would be District’s estimate, in its sole discretion, of such prevailing wage rates not paid by City.

Except as expressly set forth in this Lease, nothing herein is intended to grant authority for City to perform improvements or modifications on space currently leased by District or for which District has entered into a lease or lease amendment.

34. RIGHT TO WORK AND MINIMUM WAGE LAWS (4.0 SR)

In accordance with the United States Immigration Reform and Control Act of 1986, City shall require its employees that directly or indirectly service the Premises or terms and conditions of this Lease, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. City shall also require and verify that its contractors or any other persons servicing the Premises or terms and conditions of this Lease, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States.

Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, City shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the Premises, in any manner whatsoever. City shall require and verify that all its contractors or other persons servicing the Premises on behalf of the City also pay their employees no less than the greater of the Federal or California Minimum Wage.

City Council
8 –
25 4/7/2026

3/2/2026 Page 24 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

City shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the Premises or terms and conditions of this Lease.

Notwithstanding the minimum wage requirements provided for in this Clause, City, where applicable, shall comply with the prevailing wage and related requiremen ts, as provided for in Clause 33 (LABOR CODE COMPLIANCE) of this Lease.

35. SIGNAGE (4.2 SR)

City may install and maintain wayfinding and golf course signs upon or in front of the Premises.

Such signage must comply with all applicable laws, zoning, and site plan requirements. All other signs to be placed on the Premises require prior review and approval by District.

36. AUTHORITY (4.3 SR)

The persons executing this Lease on behalf of District and City warrant that they have the power and authority to bind District or City, as applicable, to this Lease.

37. LEASE ORGANIZATION (4.4 SR)

The various headings in this Lease, the numbers thereof, and the organization of the Lease into separate sections and paragraphs are for purposes of convenience only and shall not be considered otherwise.

38. SUCCESSORS IN INTEREST (4.5 SR)

Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the Parties hereto, all of whom shall be jointly and severally liable hereunder.

39. AMENDMENT (4.6 SR)

This Lease sets forth the entire agreement between District and City regarding the Premises and no other prior or contemporaneous agreement or understanding, written or oral, shall be effective. Any modification of this Lease must be in the form of a written amendment.

40. PARTIAL INVALIDITY (4.7 SR)

If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.

41. WAIVER OF RIGHTS (4.8 SR)

The failure of City or District to insist upon strict performance of any of the terms, conditions,

City Council
8 –
26 4/7/2026

3/2/2026 Page 25 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
and covenants in this Lease shall not be deemed a waiver of any right or remedy that City or District may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, and covenants herein contained.

42. HOLDING OVER (4.9 SR)

In the event City shall continue in possession of the Premises after the term of this Lease, such possession shall not be considered a renewal of this Lease but a tenancy from month to month and shall be governed by the conditions and covenants contained in this Lease , subject to termination by the District as provided herein.

43. EARTHQUAKE SAFETY (5.0 SR)

City accepts the Premises “as is” and “where is” and District offers no warranties or representations whatsoever that the Premises is or has been in compliance with applicable seismic safety regulations and building codes at the time of construction. All such seismic, safety and building regulation compliance is the responsibility of the City.

44. QUIET ENJOYMENT (5.1 SR)

District agrees that, subject to the terms, covenants and conditions of this Lease, City may, upon observing and complying with all terms, covenants and conditions of this Lease, peaceably and quietly occupy the Premises.

45. GOVERNING LAW AND VENUE (5.3 SR)

This agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive ve nue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394.

46. ATTORNEYS’ FEES (5.4 SA)

In the event of a dispute between City and District concerning claims arising out of this Lease, or in any action or proceeding brought to enforce or interpret any provision of this Lease or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs.

47. TIME (5.5 SR)

Time is of the essence of this Lease. Failure to comply with any time requirements of this Lease shall constitute a material breach of this Lease.

48. INSPECTION OF PREMISES BY A CERTIFIED ACCESS SPECIALIST (5.6 SR)

A Certified Access Specialist (“CASp”) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards

City Council
8 –
27 4/7/2026

3/2/2026 Page 26 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or Lessor may not prohibit the City from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of City, if requested by the City. The Parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations o f construction-related accessibility standards within the Premises.

Pursuant to California Civil Code 1938, District hereby represents that the Premises has not undergone an inspection by a certified access specialist, and no representations are made with respect to compliance with accessibility standards. If it is determined during this tenancy that a violation of handicapped access laws (including the Americans with Disabilities Act) exists at the Premises, City shall correct such non-compliance at City’s cost.

49. FORCE MAJEURE (5.7 SR)

For purposes of this Lease, the term “Force Majeure” means any of the following events which are beyond the control of either Party: act of God, unavailability of equipment or materials (but only if such equipment and materials were ordered in a timely fashion), enemy or terrorist act, act of war, riot or civil commotion, strike, lockout or other labor disturbance, fire, earthquake, explosion, governmental delays (including nonstandard delays in issuance of any permit or other necessary governmental approval or the scheduling of any inspections or tests), and nonstandard delays by third party utility providers beyond the reasonable control of the Party delayed or failing to perform under this Lease despite such Party’s best efforts to fulfill the obligation. “ Best Efforts” includes anticipating any potential force majeure event and addressing the effects of any such event (a) as it is occurring and (b) after it has occurred, to prevent or minimize any resulting delay to the greatest extent possible. Force Majeure shall not include inability to obtain financing or other lack of funds. L essor and District shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its control.

50. CONDEMNATION (5.8 SR)

If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively, “ Condemnation”), this Lease shall terminate as to the part of the Premises taken as of the date the condemning authority takes title or possession, whichever first occurs. If all or a material portion of the rentable area of the Premises are taken by Condemnation, City may, at City’s option, to be exercised in writing within ten (10) days after District shall have given City written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. District shall also have the right to terminate this Lease if there is a taking by Condemnation of any portion of the building or property that would have a material adverse effect on District’s ability to profitably operate the remainder of the building. If n either Party terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of District, whether such award shall be made as compensation for diminution in value

City Council
8 –
28 4/7/2026

3/2/2026 Page 27 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
of the leasehold, the value of the part taken or severance damages. City hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil Procedure, or any similar or successor Laws.

51. CONSENT OR APPROVAL (5.9 SR)

Unless expressly stated otherwise, where the consent or approval of a Party is required, such consent or approval will not be unreasonably withheld, conditioned or delayed.

52. UNENFORCEABLE PROVISIONS (6.0 SR)

If any paragraph or clause hereof shall be determined illegal, invalid or unenforceable, it is the express intention of the Parties hereto that the remainder of the Lease shall not be affected thereby, and it is also the express intentions of the Parties hereto that in lieu of each paragraph or clause of this Lease which may be determined to be illegal, invalid or unenforceable, there may be added as a part of this Lease a paragraph or clause as similar in terms to such illegal or invalid or unenforceable paragraph or clause as may be possible and may be legal, valid and enforceable.

City shall at all times comply with restrictions on operational hours established by local ordinances or regulations . City agrees that when alternate forms of packaging are available, only items packaged in a manner most compatible with the goals of reducing litter and preserving the environment shall be sold. Sale of beverages in pop -top cans or in non-returnable metal or glass containers shall not be permitted. Recyclable, push-top type beverage containers may be permitted subject to approval by the Director. City agrees that it will operate and manage the services and facilities offered in a competent and efficient manner at least comparable to other well managed operations of similar type.

City’s failure to comply with the provisions of this Clause shall constitute a City Default of this Lease and District may immediately terminate this Lease.

54. LIMITATION OF THE LEASEHOLD (6.2 SR)

This Lease and the rights and privileges granted City in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease or in any document related hereto shall be construed to imply the conveyance to City of rights in the Premises, which exceed those, owned by District, or any representation or warranty, either express or implied, relating to the nature or condition of the Premises or District’s interest therein. City has accepted the Premises in its “as is” / “where is” condition.

55. PERMITS AND LICENSES (6.3 SR)

City shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the operation of the Premises as set out herein. No permit, approval, or consent given hereunder by District, in its governmental capacity, shall affect or limit City’s obligations hereunder, nor shall any approvals or consents given by District, as a party to this Lease, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations.

City Council
8 –
29 4/7/2026

3/2/2026 Page 28 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

56. PAYMENT CARD COMPLIANCE (6.4 SR)

Should City conduct credit/debit card transactions in conjunction with their business with the District, on behalf of the District, or as part of the business that they conduct, City covenants and warrants that it is currently Payment Card Industry Data Security Standard (“PCI DSS”) and Payment Application Data Security Standard (“PA DSS”) compliant and will remain compliant during the entire duration of this Lease. City agrees to immediately notify District in the event City should ever become non-compliant and will take all necessary steps to return to compliance and shall be compliant within ten (10) days of the commencement of any such interruption.

57. NONDISCRIMINATION (6.5 SR)

City agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this Lease. City shall make its accommodation and services available to the public on fair and reasonable terms.

58. CONDITION OF PREMISES UPON TERMINATION (6.6 SR)

Except as otherwise agreed to herein, upon termination of this Lease, City shall re -deliver possession of said Premises to District in substantially the same condition that existed upon execution of this lease, reasonable wear and tear, County approved construction or modifications, flood, earthquakes, war, and any act of war, excepted. References to the "termination of the Lease" in this Lease shall include termination by reason of the expiration of the lease term.

59. QUITCLAIM OF CITY'S INTEREST UPON TERMINATION (6.8 SR)

Intentionally deleted

60. DISTRICT’S RIGHT TO RE-ENTER (PMGE23.1 S)

City agrees to yield and peaceably deliver possession of the Premises to D istrict on the date of termination of this Lease, whatsoever the reason for such termination. Upon giving written notice of termination to City, District shall have the right to re-enter and take possession of the Premises on the date such termination becomes effective without further notice of any kind and without institution of summary or regular legal proceedings. Termination of the Lease and re-entry of the Premises by District shall in no way alter or diminish any obligation of City under the lease terms and shall not constitute an acceptance or surrender.

61. PUBLIC RECORDS (6.9 SR)

Any and all written information submitted to and/or obtained by District from City or any other person or entity having to do with or related to this Lease and/or the Premises, either pursuant to this Lease or otherwise, at the option of District, may be treated as a public record open to inspection by the public pursuant to the California Records Act (Government Code Section 6250, et seq.) as now in force or hereafter amended, or any Act in substitution thereof, or otherwise made available to the public an d City hereby waives, for itself, its agents, employees, and any person

City Council
8 –
30 4/7/2026

3/2/2026 Page 29 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
claiming by, through or under City, any right or claim that any such information is not a public record or that the same is a trade secret or confidential information and hereby agrees to indemnify and hold District harmless from any and all claims, demands, liabilities, and/or obligations arising out of or resulting from a claim by City or any third party that such information is a trade secret, or confidential, or not subject to inspection by the public, including without limitation reasonable attorneys' fees and costs.

62. RELATIONSHIP OF PARTIES (7.0 SR)

The relationship of the Parties hereto is that of L essor and Lessee, and it is expressly understood and agreed that District does not in any way or for any purpose become a partner of or a joint venturer with City in the conduct of City’s business or otherwise, and the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method by which rental payments are to be measured and ascertained.

63. NO BROKERS USED (7.1 SR)

Neither Party has employed any broker or finder or incurred any liability for any brokerage fee, commission, finder’s fee, or reimbursement expenses in connection with the transactions contemplated by this Lease.

64. NOTICES (7.2 SR)

All written notices pursuant to this Lease shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed received upon personal delivery, delivery by facsimile machine, electronic mail, or seventy -two (72) hours after deposit in the United States Mail.

TO: CITY

City of Santa Ana
Attn: City Clerk
200 S. Santa Ana Blvd.

Santa Ana, CA 92805

With a copy to:

City of Santa Ana
Attn: Director of Community Services
200 S. Santa Ana Blvd, 4th Floor
Santa Ana, CA 92805
TO: DISTRICT

Orange County Flood Control District
Attn: Director, Flood Programs
c/o County of Orange
601 N. Ross Street 3rd Floor
Santa Ana, CA 92701

With a copy to:

County Executive Office/Real Estate
County of Orange
400 W. Civic Center Drive, 5th Floor
Santa Ana, CA 92701
Attn: Chief Real Estate Officer

OC Operations & Maintenance
Attn: Maintenance Programs
2301 N. Glassell St.

Orange, CA 92865

City Council
8 –
31 4/7/2026

3/2/2026 Page 30 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

65. ATTACHMENTS TO LEASE (7.3 SR)

This Lease includes the following, which are attached hereto and made a part hereof:

I. Exhibit A – Legal Description of Premises
II. Exhibit B – Map Depicting Premises
III. Exhibit C – Best Management Practices
IV Exhibit D – Estoppel Certificate

City Council
8 –
32 4/7/2026

3/2/2026 Page 31 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
IN WITNESS WHEREOF, the Parties have executed this Lease the day and year first above written.

CITY
City of Santa Ana, a municipal corporation
and charter city
Date By:

Alvaro Nunez
City Manager
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

SANTA ANA, CALIFORNIA
By
Jonathan T. Martinez
Assistant City Attorney
Date
3/18/2026

City Council
8 –
33 4/7/2026

3/2/2026 Page 32 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
APPROVED AS TO FORM:

OFFICE OF DISTRICT COUNSEL

ORANGE DISTRICT, CALIFORNIA

By
Deputy

Date

DISTRICT

Orange County Flood Control District

By:

Name: Thomas A. Miller
Per M.O. _________________________

City Council
8 –
34 4/7/2026

3/2/2026 Page 33 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

EXHIBIT A

LEGAL DESCRIPTION OF PREMISES

City Council
8 –
35 4/7/2026

3/2/2026 Page 34 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

City Council
8 –
36 4/7/2026

3/2/2026 Page 35 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

City Council
8 –
37 4/7/2026

3/2/2026 Page 36 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

City Council
8 –
38 4/7/2026

3/2/2026 Page 37 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

City Council
8 –
39 4/7/2026

3/2/2026 Page 38 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

NOT TO BE RECORDED

City Council
8 –
40 4/7/2026

3/2/2026 Page 39 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

EXHIBIT B

The Premises leased here under are described in the legal description attached hereto as Exhibit A. The aerial map attached hereto as Exhibit B depicts a boundary outlining the general area associated with the Premises for operational and maintenance purposes only.

City shall be responsible for maintenance, repair, and upkeep of all the land and improvements located within the boundary shown on Exhibit B including areas that may fall outside the legal description of the Premises in Exhibit A Notwithstanding the foregoing City shall have no maintenance, repair, or operational responsibility for that portion of the public trail located within the boundary shown on Exhibit B which shall remain the responsibility of Orange County Parks.

City Council
8 –
41 4/7/2026

3/2/2026 Page 40 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

EXHIBIT C
Best Management Practices ("BMPs" Fact Sheets)

City shall be responsible for implementing and complying with all BMP Fact Sheet requirements that apply to this City‘s operations. City is to be aware that the BMP Clause within this Lease, along with all related BMP Exhibits, may be revised, and may incorporate more than what is initially being presented in this Lease.

Suggested BMPs Fact Sheets may include, but may not be limited to, the following list shown below and can be found at: http://ocwatersheds.com/documents/bmp (website may change from time to time):

SC42 Building Repair and Construction
SC40 Contaminated or Erodible Surface Areas
SC41 Building and Grounds Maintenance
SC30 Outdoor Loading/ Unloading
SC32 Outdoor Equipment Operations
SC33 Outdoor Storage of Raw Materials
SC43 Parking / Storage Area Maintenance
SC11 Spill Prevention Control and Clean up
SC34 Waste Handling and Disposal
SC10 Non Stormwater Discharges

City Council
8 –
42 4/7/2026

3/2/2026 Page 41 of 41 Lease Number
Agency/Program Standard Revenue Lease Form

EXHIBIT D
Facility Number
Location Name: River View Golf Course,

ESTOPPEL CERTIFICATE
TO:

As of the date of this Estoppel Certificate the undersigned, as a lessee under that lease dated _________________________, between Orange County Flood Control District ("Lessor") and the __________________________________________________ (“City”), does hereby acknowledge the following:

1. The aforesaid lease, subject to article 2 below, constitutes the entire agreement between Lessor and City and is in full force and effect.

2. (Check One)

 The aforesaid lease has not been modified, altered, or amended.

 The aforesaid lease has been modified pursuant to that document(s) attached hereto.

3. The term of the lease is Twenty Five (25) years. The lease commenced on ______________________ and will expire on _________________________.

4. The term of the lease is subject to City’s option to terminate/extend as follows:

Five (5) Five-year (5) year mutual options. Termination Upon by either Party without cause upon 180 day advance notice to the other Party.

5. The lease rental rate is $200,000 per year, plus additional rent as described in Clause 9 (RENT) no rent has been paid in advance except as set forth in the lease, and City has received no notice of a prior assignment, hypothecation, or pledge of the lease from Lessor.

6. City has accepted and is now in possession of the leased premises.

7. The addresses for notices to be sent to City are set forth in Clause 64 (NOTICES) of the lease.

8. City has no charge, lien, or claim of offset under this lease against rents or other charges due or to become due and, to the actual knowledge of City is not now in default under the lease.

CITY
City of Santa Ana, a municipal corporation and
charter city

By:

Its:_____________________________________

Certificate Date:

City Council
8 –
43 4/7/2026

Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 7, 2026
TOPIC: Golf Course Equipment

AGENDA TITLE
Purchase Order to River View Golf, LLC for Existing River View Golf Course Equipment in Connection with the River View Golf Course Management Transition (General Fund)

RECOMMENDED ACTION
Authorize a Purchase Order to River View Golf, LLC for the existing River View Golf Course equipment in an amount not to exceed $154,825.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
As part of the City’s transition of operations at River View Golf Course to Santa Ana Golf, LLC (a wholly owned subsidiary of CourseCo, Inc.), staff evaluated the existing golf course equipment to ensure uninterrupted golf course maintenance and operations upon the operational transition on May 1, 2026.

The current operator has offered to sell the existing golf course equipment fleet “as-is” for $154,825. Staff, in coordination with the incoming management company CourseCo, industry equipment vendors including Toro representatives, and additional outreach to equipment suppliers and industry professionals, reviewed the equipment inventory and market resale benchmarks to confirm that the agreed-upon sale price reflects fair market value.

The estimated replacement cost for a comparable new equipment fleet is approximately $1.9 million to $2.0 million.

Based on resale benchmarks for comparable Toro, John Deere, Cushman, Ryan, and other specialty turf equipment units, the offered price represents approximately 8% of full new replacement value and is estimated to be $100,000 to $150,000 below conservative secondary market value if sold individually.

Based on staff inspection of the equipment, consultation with the incoming management company, and a review of the fleet’s preventive maintenance history, staff anticipates

City Council
9 –
1 4/7/2026

Golf Course Equipment
April 7, 2026

5 6
6 1
that the majority of the equipment will remain operational for several additional years before phased replacement becomes necessary.

While portions of the fleet may require phased replacement over time, the purchase price remains significantly below conservative market resale value and well below the estimated cost of replacing the fleet with new equipment. To mitigate operational and financial risk, staff will implement:
Mechanical inspections in coordination with the incoming management company Detailed equipment condition and usage reports
Identification of immediate and near-term replacement priorities Development of a structured five-year capital replacement plan The incoming management company will participate directly in inspection validation and replacement planning to ensure the fleet supports operational standards from day one.

Santa Ana Municipal Code, Section 2-807(a), authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source or where solicitation of bids would for any reason be an idle act.

ENVIRONMENTAL IMPACT
The proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities), as the purchase of maintenance equipment involves no expansion of use and supports ongoing operation of an existing public facility.

FISCAL IMPACT
Funds are available and budgeted in the following account for the specified year:

Fiscal Year Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 25-26 01113017-66400 General Fund PRCSA-Service
Enhancement,
Machinery & Equipment
$154,825

EXHIBIT(S)

1. Equipment Inventory and Valuation Summary (FFE Spreadsheet) Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services
Approved By: Alvaro Nuñez, City Manager

City Council
9 –
2 4/7/2026

FF&E List

GOLF COURSE
Item Application Serial Number Price
Toro GroundsMaster 3200 Rough Mower 31901-407862173 10,000.00$ Toro ReelMaster 6500 Fairway Mower 03803-80232 2,500.00$ Toro Sand Pro Sand Trap Rake 08705-26000217 2,000.00$
Toro Multi Pro 1100 Primary Sprayer 41105-70173 1,000.00$ Cushman 1200X Maintenance Cart EZGLBAZACK 06393 2,500.00$ Cushman 1200X Range Cart EZGLEABACJ3329952 1,500.00$
Cushman 1200X Maintenance Cart EZGLEVABACK3406393 2,500.00$ Toro Workman Maintenance Cart 07279-312000783 500.00$
Cushman Hauler 800 Irrigator Cart 2785565 1,750.00$
Toro Workman Maintenance Cart (Ful) 07279-31000817 300.00$ Toro Workman Maintenance Cart (Tony) 07279-312060781 500.00$ Toro Workman Maintenance Cart (Eberto) 07253-200000536 2,000.00$ Honda Rancher 4WD ATV General Maintenance/Fertilizing 1HFTE40E7M4700006 4,000.00$ Ryan Greensaire 24 Greens Aerifier 90500951 2,000.00$
Toro GreensMaster 3150 Greens (Non-Op) Parts Machine 500.00$ Toro GreensMaster 3150 11 Blade Greens Mower 04357-230001824 7,000.00$ Toro GreensMaster 3150 Tee Mower 04357-260000932 7,000.00$ Toro ReelMaster 6500 Fairway Mower 03807-240000317 1,000.00$ Toro GroundsMaster 328D Rough Mower 30627-220000277 1,500.00$ Simon MP60 60' Aerial Lift Net and Lighting Maintenance 60' Boom Lift D404 2,500.00$ Toro ReelMaster 3100D Green Surrounds and Approaches Mower 03170-314000145 4,000.00$ Toro Verticutting Units 5 Units for Toro Reelmaster 6500D 03872-250000321 2,500.00$ Massey Ferguson 50EX River Grading Loader/Grader Tractor 585761936 8,000.00$ Massey Ferguson 50EX River Grading Loader/Grader Tractor (IDLE) 515752326 2,000.00$ John Deere 210LE Loader/Scraper Tractor TO210LE885892 20,000.00$ John Deere 300 Fairway Implement Tractor T4P3C117953T 2,500.00$ FMC John Bean Towable Landscape Sprayer 250.00$
John Deere Blower 3-point Hitch Leaf Blower 250.00$
Toro Walking Rotary Mower Commercial Mower for Clubhouse Turf 22289-407222894 250.00$ Mete-R-Matic F15B TopDresser 85417 E02103 4,000.00$
Ryan Walking Aerifier Collar Aerifier 500.00$
Ryan Sodcutter Sodcutter 544845 500.00$
Lily Spreader Towable Fairway Spreader 250.00$
Ryan Renovaire Towable Tine Fairway Aerifier 544317 2,000.00$ Ryan Renovaire Towable Knife Fairway Aerifier 250.00$
Toro GreensMaster 1000 Walking Greens Mower 04052-210002897 2,500.00$ Toro Greensmaster 1000 Walking Greens Mower 04052-210002846 2,200.00$ EZ-GO TXT Electric Mechanics Cart 2591292 1,000.00$
Turbo Vac Sweeper (tees) 500.00$
TrueSurface Vibratory Greens Rollers 1,500.00$
Neary 500SR Spin/Relief Grinder 563 3,000.00$
Foley United 3084 A BedKnife Grinder 19A38401035 2,500.00$ Schmeiser 4' Cultipacker Tow Behind Cultipacker 1,500.00$ Schmeiser 8' Cultipacker Tow Behind Cultipacker 500.00$ Lincoln K1170 Stick Welder AC225 150.00$
Ford F800 Dump Truck (off-road only) 1FDXK84NXFVA19031 2,000.00$ IngersolRand Shop Compressor S16101111 500.00$
Honda 4500W Portable Generator 500.00$
ECHO CS355T Chain Saw 12" 200.00$
ECHO CS303T Chain Saw 12" 175.00$
ECHO CS450 Chain Saw 18" 250.00$
ECHO CS600P Chain Saw 28" 300.00$
ECHO SRM280T String Trimmer 200.00$
TMC TLE33FA String Trimmer 88622 150.00$
BigM245G 2-Stroke Hedge Trimmer 175.00$
Rigid R7102 Hand Drill 50.00$
Drill Press 5 Speed Bench Drill Press 50.00$
Gordon Metal Detector 50.00$
Whites PRL-1 Metal Detector 50.00$
Fimco Sprayer ATV Mount Sprayer 50.00$
MultiQuip 4" Trash Pump 200.00$

City Council
9 –
3 4/7/2026

FF&E List

GOLF COURSE
Item Application Serial Number Price
MultiQuip 2" Trash Pump 100.00$
DeWalt DCF899 1/2" 3-Speed Impact Driver 175.00$
Dewalt DCF809 1/4" Impact Driver 75.00$
BoosterPac ES5000 Portable 12V Power Supply/Jumper 75.00$ Napa 85-1250 Battery Charger 50.00$
Oxygen/Acetylene Gas Plant Weld and Cut Steel 150.00$
DynaGlo Portable Space Heater 100.00$
RainBird 70 Irrigation Sprinklers Multiple 1" Brass Impacts Full and Part Circle 1,500.00$ Monster Mat - Quantity 26 Golf Range Mats purchased new 12/19/2025 10,000.00$

MISCELLANEOUS MECHANICS TOOLS
R&R Height of Cut Gauges 50.00$
Toro Special Tools for Toro Mowers 200.00$
R&R Roller Bearing Puller 100.00$
Socket Set Extra Large Socket Set 50.00$
Carlyle/Napa Floor Jack 50.00$

CART BARN/RANGE
Carry-All II Beverage Cart EG9844-710560 2,500.00$
LIV Prosper Lithium Marshall Cart 100Ah 1,000.00$
LIV Prosper Lithium Staff Cart 60Ah 10060 3,000.00$
P2 P2BW Range Ball Washer 500.00$
P2 Picker Plus Range Ball Picker 1,000.00$
Boyce Pressure Washer Cart Pressure Washer 600.00$

NIBLICK RESTAURANT
Star Broil-O-Dog 8A-175CBA Hot Dog Broiler HB175A1219G0276 1,000.00$ True T-23 2 Door Reach-in Cooler 8657982 2,500.00$
Arctic Air Model CF133 Commercial Freezer WB13902053 100.00$ Ice-O-Matic CIM0836HA Commercial Ice Maker 18051280010333 2,000.00$ True TSSU-48-12-ADA Food Prep Table 7835853 1,400.00$
Delfield 7048-M Refridgerated Display Case 250.00$
Supera G1M-23-B-1 Glass-Front Cooler 12193100001 1,000.00$ True GDM-23-H2-TSL01 Glass-Front Cooler 10701565 1,200.00$ Caravel 195-937 Ice Cream Display Freezer 93252163 100.00$ Hobart Model 1612 Meat Slicer 56-808-033 750.00$
Cooler Depot 40024-60-HC Beer Keg Cooler/Tapper 6190332118060610 1,000.00$ CCH YPF1-12C Portable Air Conditioner 11111291-0184-170225 50.00$ Desktop PC Touchscreen F&B POS 350.00$

OFFICE/GOLF SHOP
Desktop PC x 3 3 POS PC's with monitors 600.00$
ENS 9 Camera Digital Video Security System 700.00$
Callaway XR 8 Rental Golf Club Sets 500.00$
Total 154,825.00$

City Council
9 –
4 4/7/2026

Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 7, 2026
TOPIC: Approve the Facility Use Agreement with Orange County Gold (“OC Gold”) for Aquatics Programming at City Aquatic Facilities

AGENDA TITLE
Facility Use Agreement with Orange County Gold for Competitive Youth Swim Team Programming at Designated City Aquatics Facilities

RECOMMENDED ACTION
Authorize the City Manager to execute a facility use agreement with Orange County Gold (“OC Gold”) for aquatics programming at designated City aquatic facilities, for a term beginning May 1, 2026, and expiring April 30, 2027, with provisions for two (2), one-year extensions (Agreement A-2026-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The City of Santa Ana Parks, Recreation and Community Services Agency (PRCSA) operates public aquatic facilities that provide recreational and instructional swimming opportunities for the community. In addition to City-operated programs, PRCSA periodically partners with qualified aquatics organizations to expand programming opportunities for youth and enhance utilization of City aquatic facilities.

OC Gold is a nonprofit aquatics organization serving youth throughout Orange County.

Founded in 1989 and previously known as Orange Regional Competitive Aquatics (ORCA), the organization provides year-round aquatic programming including competitive swim team training, swim technique development, and private competitive swimming instruction.

OC Gold has extensive experience operating competitive youth swim programs throughout Orange County and is affiliated with USA Swimming, providing structured training opportunities for swimmers of varying skill levels. Partnering with an established aquatics organization allows the City to expand competitive swimming opportunities for youth without the additional staffing, administrative oversight, and operational resources that would be required to develop and manage a City-operated competitive swim team.

This approach enables PRCSA to continue focusing on providing broad community

City Council
10 –
1 4/7/2026

Facility Use Agreement with Orange County Gold (“OC Gold”) April 7, 2026

5 6
8 5
aquatics programming, including swim lessons, recreational swim, and water safety education, while leveraging the expertise of a specialized organization to deliver competitive training opportunities.

The proposed agreement would allow OC Gold to conduct structured year-round swim team practices and private instructional opportunities at designated City aquatic facilities during scheduled times approved by PRCSA staff. Programming would focus on youth participants and emphasize swimming skill development, water safety, physical conditioning, and sportsmanship. This pilot program will commence in May 2026 at Jerome Pool until the team is able to transition to the new Memorial Park Aquatics Center, once construction is complete. This partnership supports activation of the newly constructed Memorial Park Aquatics Center by introducing structured programming that increases facility utilization and expands recreational opportunities for youth in the community.

OC Gold will be responsible for staffing bilingual coaches, participant registration, and program administration. All coaches will be required to meet applicable safety, certification, and insurance requirements established by the City. Additionally, the agreement prohibits OC Gold from conducting unauthorized commercial activities at City facilities. OC Gold will charge monthly dues of $85/participant, in comparison to their $110-$150/month dues in Tustin, Villa Park, and Orange, in order to provide financially accessible programming to the Santa Ana community.

The monthly $500 fee assessed by the City will permit OC Gold to use three (3) swimming lanes at either Jerome Pool or Memorial Park Aquatics Center, once available, for approximately 28 hours per month. Additional lanes may be requested at a rate of $17.57 per lane per hour. The proposed rate for non-exclusive use is consistent with industry standards and ensures the City has the flexibility to schedule additional users concurrently under the same framework.

Approval of this agreement will expand youth aquatics opportunities, particularly at the newly constructed Memorial Park Aquatics Center, while supporting the City’s ongoing efforts to promote water safety, youth recreation, and community wellness. As this agreement is structured as a proof of concept, the agreement term is limited to a maximum of three (3) years, allowing the City to evaluate demand, participation levels, and overall program viability.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The agreement will generate revenue to the City through established facility use fees, at a base rate of $6,000/year. Additional revenue may be generated based on participation levels and additional facility use times and dates beyond those initially established.

City Council
10 –
2 4/7/2026

Facility Use Agreement with Orange County Gold (“OC Gold”) April 7, 2026

5 6
8 5
The fees charged for permitting facility use will be deposited into the General Fund to help offset related City costs.

EXHIBIT(S)

1. Agreement Executive Summary

2. Facility Use Agreement with Orange County Gold (A-2026-XXX) Submitted By: Hawk V. Scott, Executive Director of Parks, Recreation, and Community Services Agency
Approved By: Alvaro Nuñez, City Manager

City Council
10 –
3 4/7/2026

Parks, Recreation, and Community Services Agency (PRCSA) Agreement Executive Summary
OC Gold Swim Team Facility Use Agreement
Highlight of Agreement: One-year pilot agreement with OC Gold Swim Team for the initial development of a homegrown OC Gold-Santa Ana Swim Team
PRCSA’s Facility Use agreement with OC GOLD Swim Team will provide the following outcomes:

Purpose:

Establish a pilot partnership with OC Gold Aquatics to introduce competitive youth swim programming in Santa Ana, with the long-term goal of developing a sustainable, homegrown swim team pipeline while activating the Memorial Park Aquatics Center.

Scope of Services:

OC Gold will provide structured competitive swim team programming, including coaching, athlete development, and program administration for youth participants at designated City aquatic facilities. The City will provide access to facilities, while maintaining oversight of scheduling and compliance.

Compensation / Fiscal Impact:

The agreement generates base annual revenue of $6,000/yr, with potential for additional revenue based on expanded facility use and participation levels. Revenues will be deposited into the General Fund to offset operational costs, while minimizing City staffing and program delivery expenses.

Term:

Initial one-year term (May 1, 2026 – April 30, 2027) with provisions for two one-year extensions, allowing the City to evaluate the program as a scalable pilot.

Compliance & Protections:

OC Gold is responsible for staffing, certifications, insurance, and program administration, and must meet all City safety and operational requirements. The agreement includes controls on facility use and restrictions on unauthorized commercial activity, ensuring alignment with City policies and risk management standards.

City Council
10 –
4 4/7/2026

City Council
10 –
5 4/7/2026

City Council
10 –
6 4/7/2026

City Council
10 –
7 4/7/2026

City Council
10 –
8 4/7/2026

City Council
10 –
9 4/7/2026

City Council
10 –
10 4/7/2026

City Council
10 –
11 4/7/2026

City Council
10 –
12 4/7/2026

City Council
10 –
13 4/7/2026

City Council
10 –
14 4/7/2026

City Council
10 –
15 4/7/2026

City Council
10 –
16 4/7/2026

City Council
10 –
17 4/7/2026

City Council
10 –
18 4/7/2026

City Council
10 –
19 4/7/2026

City Council
10 –
20 4/7/2026

Human Resources Department
www.santa-ana.org/HR
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 7, 2026
TOPIC: Revised Memorandum of Understanding Between the City of Santa Ana and the Santa Ana Police Officers Association

AGENDA TITLE
Revised Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Officers Association (POA)

RECOMMENDED ACTION
Authorize the City Manager to execute a revised Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Officers Association (POA) for the period of January 1, 2024 through June 30, 2027, modifying and delineating specific articles of the MOU (Agreement No. 2026-XXX).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City Council approved a Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Officers Association (POA) on June 16, 2024. The City and POA now desire to alter a few items in the MOU. Articles 5.0 and 6.0 of the MOU outlines assignment and other special pay additives. On May 28, 2025, Council approved the creation of the Correctional Officer II classification. To reflect the new classification, the City and POA have agreed to update Article 5.0. This would create a promotional opportunity for Correctional Officers to advance from Correctional Officer I to Correctional Officer II. Also, the City and POA have agreed to provide a new pay premium of 2.5% for Jail Transportation Officers. Correctional Officers are required at times to transport inmates; the City and POA desire to provide additional pay for those Correctional Officers that obtain the certification required and who are regularly assigned to this duty. In addition, this revised MOU language will clarify that the current pilot premium would also apply to fixed wing aircraft pilots.

The City has received multiple letters from CalPERS questioning if specific assignment pays and special additives should be considered pensionable. The proposed changes would clarify the various requirements for the assignment pays and special additives where applicable and clarify the language to meet CalPERS questions matching the intent

City Council
11 –
1 4/7/2026

Revised Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association
April 7, 2026

5 6
8 9
of both the City and the POA. The updated language does not alter the intent of the MOU nor the past practice of implementing the MOU.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with these actions.

FISCAL IMPACT
The estimated annual cost of the agreement for FY25-26 is $18,886 for the jail transport premium and fixed wing pilot premium. Funds are available for expenditure in the Fiscal Year 2025-2026 budget. Funding for subsequent years will be included in the proposed budgets for City Council consideration.

EXHIBIT

1. Revised Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association
Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager

City Council
11 –
2 4/7/2026

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SANTA ANA

AND

THE SANTA ANA POLICE OFFICERS ASSOCIATION

JANUARY 1, 2024 – JUNE 30, 2027

City Council
11 –
3 4/7/2026

i

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SANTA ANA AND

THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR 2024-2027

TABLE OF CONTENTS

ARTICLE I ..................................................................................................................................... 1

1.0 RECOGNITION ................................................................................................................... 1 ARTICLE II .................................................................................................................................... 2

2.0 NON-DISCRIMINATION CLAUSE ................................................................................... 2 ARTICLE III ................................................................................................................................... 3

3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY ........................ 3 ARTICLE IV .................................................................................................................................. 8

4.0 SALARIES ........................................................................................................................... 8 ARTICLE V .................................................................................................................................. 12

5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES .......................................... 12 ARTICLE VI ................................................................................................................................ 20

6.0 CAREER DEVELOPMENT PROGRAM ......................................................................... 20 ARTICLE VII ............................................................................................................................... 24

7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM .................................... 24 ARTICLE VIII .............................................................................................................................. 27

8.0 OVERTIME ........................................................................................................................ 27 ARTICLE IX ................................................................................................................................ 35

9.0 HOLIDAYS ........................................................................................................................ 35 ARTICLE X .................................................................................................................................. 38

10.0 VACATION ...................................................................................................................... 38 ARTICLE XI ................................................................................................................................ 42

11.0 OTHER LEAVES OF ABSENCE.................................................................................... 42 ARTICLE XII ............................................................................................................................... 49

12.0 EMPLOYEE INSURANCE ............................................................................................. 49 ARTICLE XIII .............................................................................................................................. 51

13.0 RETIREMENT ................................................................................................................. 51 ARTICLE XIV.............................................................................................................................. 55

14.0 ASSOCIATION LEAVE .................................................................................................. 55 ARTICLE XV ............................................................................................................................... 58

15.0 RESIDENCY .................................................................................................................... 58

City Council
11 –
4 4/7/2026

ii
ARTICLE XVI.............................................................................................................................. 59

16.0 DISCIPLINE ..................................................................................................................... 59 ARTICLE XVII ............................................................................................................................ 62

17.0 GRIEVANCE REVIEW PROCEDURE .......................................................................... 62 ARTICLE XVIII ........................................................................................................................... 64

18.0 DUES DEDUCTION AND INDEMNIFICATION ......................................................... 64 ARTICLE XIX.............................................................................................................................. 65

19.0 CITY RIGHTS .................................................................................................................. 65 ARTICLE XX ............................................................................................................................... 67

20.0 STRIKES AND WORK STOPPAGES ............................................................................ 67 ARTICLE XXI.............................................................................................................................. 68

21.0 LAYOFFS ......................................................................................................................... 68 ARTICLE XXII ............................................................................................................................ 69

22.0 SOLE AND ENTIRE AGREEMENT .............................................................................. 69 ARTICLE XXIII ........................................................................................................................... 70

23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU .......................... 70 ARTICLE XXIV ........................................................................................................................... 71

24.0 SEPARABILITY PROVISION ........................................................................................ 71 ARTICLE XXV ............................................................................................................................ 72

25.0 TERM OF MOU ............................................................................................................... 72 EXHIBIT A ................................................................................................................................... 75 MONTHLY WAGE RATE SCHEDULE ................................................................................ 75 EXHIBIT B ................................................................................................................................... 79 UNIFORM ALLOWANCE BY CLASSIFICATION .............................................................. 79 EXHIBIT C ................................................................................................................................... 80 HEALTH PLAN AGREEMENT ............................................................................................. 80

City Council
11 –
5 4/7/2026

1 ARTICLE I

1.0 RECOGNITION

1.1 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 Santa Ana Police Officers Association (herein called the "Association" or “SAPOA” ) as the recognized representative of the bargaining unit which includes full-time police department employees in the sworn, "safety -member" classifications and full- time police department employees in the non-sworn, "miscellaneous-member" classifications listed in Exhibit A , as well as such classifications as may be added hereafter by resolution of the City Council.

All other classifications not specifically listed in Exhibit A or added to this Association via resolution to the City Council are excluded from representation by the Association.

City Council
11 –
6 4/7/2026

2 ARTICLE II

2.0 NON-DISCRIMINATION CLAUSE

2.1 The City and Association agree that they shall not discriminate against any employee in violation of State or Federal law. The City and the Association shall meet and modify any provisions of this MOU that are inconsistent with the law.

City Council
11 –
7 4/7/2026

3 ARTICLE III

3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY

3.1 Attendance. Employees covered by this MOU shall be in attendance at their work location during hours prescribed by the Police Chief or their designee(s) and shall not absent themselves during prescribed hours without approval of the Police Chief or their designee(s).

3.2 Definitions.

A. Standard Work Period. The Standard Work Period shall consist of a consecutive seven (7) day, one hundred sixty-eight (168) hour period.

B. Alternative Work Period-207(k) Exempt Employees. The Alternative Work Period shall apply to all members of the Association who are peace officers, Correctional Officers I and II or Correctional Supervisors who are subject to the partial overtime exemption provided by the Fair Labor Standards Act (FLSA) pursuant to Section 207(k). The 207(k) employees’ Work Period shall consist of a consecutive twenty- eight (28) day, six hundred seventy-two (672) hour time period. In conformance with the FLSA, members who are peace officers, Correctional Officers I and II, or correctional supervisors shall not be eligible for FLSA overtime, as defined under the FLSA for employees assigned to the Alter nate Work Period until they have worked in excess of one hundred seventy -one (171) hours in the Alternate Work Period. Nothing in this section shall prevent a peace officer, Correctional Officer I and II or correctional supervisor from earning overtime and being compensated for overtime based on the overtime provisions as stated in Article VIII of this MOU.

All overtime shall be paid at one and one-half (1 1/2) times the regular rate of pay.

Regular Rate of Pay: Shall mean the base rate of pay and any Assignment and Other Special Pay Additives, Career Development Program Pay, Call -Back-Duty and Court Appearance pay as listed in Article V, VI and VIII.

C. Work Hours. Work hours are the regularly scheduled hours of work as determined by the Police Chief or their designee. A “day” is defined as any consecutive twenty- four (24) hour period.

D. Work Schedules. The Police Chief has established the following work schedul es.

These schedules may be changed by the Police Chief based on operational need.

The City will negotiate over any impacts of schedule changes.

1. Standard Work Period Schedules.

a. 5/40 Work Schedule. Employees shall work five (5) eight (8) hour workdays per seven (7) consecutive day s, one hundred sixty -eight (168) hour Standard Work Period. Each workday shall consist of eight (8) hours of work and a thirty (30) minute unpaid meal period. 5/40 work schedules for employees may be an option if approved by their supervisor/manager.

City Council
11 –
8 4/7/2026

4 b. 4/10 Work Schedule. Employees shall work four (4) ten ( 10) hour days per seven (7) consecutive days, one hundred sixty-eight (168) hour Standard Work Period. Each workday shall consist of ten (10) hours of work, and either a thirty (30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

c. 9/80 Work Schedule. Employees shall work alternate weeks of four (4) consecutive workdays nine (9) consecutive hours each followed by five (5) consecutive workdays, four (4) of which consist of nine (9) consecutive hours each and one (1) day of eight (8) consecutive hours during each one hundred sixty -eight ( 168) hour Standard Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a thirty (30) minute or one (1) hour unpaid meal period. For employees who work a 9/80 work schedule, their FLSA work period shall begin exactly four (4) hours after the start time of their eight (8) hour workday. The eight (8) hour workday shall be divided by either a thirty (30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

d. 12/40 Work Schedule. Employees shall work three (3) twelve (12) hour and thirty (30) minute workdays and one (1) four hour workday in each seven (7) consecutive day, one hundred sixty -eight (168) hour Standard Work Period. E ach workday shall consist of eleven (11) hours and thirty (30) minutes of work, and a one (1) hour meal period, thirty (30) minutes of which shall be paid and thirty ( 30) minutes of which shall be unpaid, for a total of twelve ( 12) hours and thirty (30) minutes. The four (4) hour workday shall consist of four (4) hours of work. Employees who work this shift actually work an eight (8) hour shift where their FLSA work period shall end exactly four (4) hours after the start time of their shift. This way the second four (4) hours of the shift is worked in the next FLSA work period. This ensure that the employee is schedule to work forty (40) hours in each work period.

2. Alternate Work Period Schedules-207(k) Exempt Employees.

a. 207(k) 3/12.5 Work Schedule – Patrol/Canine. Employees shall work thirteen (13) twelve (12) hour and thirty (30) minute workdays in each twenty eight (28) day FLSA Work Period . Of the thirteen (13) workdays, an employee assigned to this schedule shall be required to work one (1) twelve ( 12) hour and thirty (30) minute “payback” day each twenty -eight ( 28) day FLSA Work Period, scheduled or assigned pursuant to the Department’s work schedule

City Council
11 –
9 4/7/2026

5 policy. Each workday shall consist of twelve (12) hours of work and a thirty (30) minute paid meal period. During each twenty-eight (28) day FLSA Work Period, employees shall work one hundred sixty - two and one half ( 162.5) hours. Upon completion of this work schedule, employees will earn an additional two (2) hours and thirty (30) minutes of vacation time , provided they do not take leave without pay during that Work Period. Employees assigned to this schedule are compensated for their meal periods. Consequently, if an employee is unable to take their meal period, or is interrupted during their meal period , they shall not receive further compensation.

b. 207(k) 7/12.5 Work Schedule - Detention. Employees shall work three (3) twelve ( 12) hour and thirty ( 30) minute workdays in one (1) seven (7) day period and four (4) twelve (12) hour and thirty (30) minute workdays in the next seven (7) day period, or alternatively, four (4) twelve (12) hour and thirty (30) minute workdays in the first seven (7) day period and three (3) twelve ( 12) hour and thirty (30) minute workdays in the following seven (7) day period. This cycle shall be repeated twice each twenty -eight ( 28) day FLSA Work Period. Each workday shall consist of eleven ( 11) hours and thirty (30) minutes of work and a one (1) hour meal period, thirty ( 30) minutes of which shall be paid and thirty (30) minutes of which shall be unpaid, for a total of twelve ( 12) hours and thirty ( 30) minutes.

During each twenty-eight (28) day FLSA Work Period, employees assigned to the 207(k) 7/12.5 Work Schedule shall earn one (1) hour of vacation time if they do not take leave without pay during that Work Period. Correctional Officers I and II will be compensated at the time and a half overtime rate for all time worked in excess of their regular work shift of twelve and one half ( 12.5) hours per workday. The overtime compensation will apply only to actual time worked beyond the regular shift.

c. 207(k) 4/10.5 Work Schedule -Detention Administration.

Employees shall work seven (7) ten (10) hour and thirty (30) minute workdays and one (1) ten (10) hour workday during each two (2) week period. This pattern will recur twice during the twenty -eight (28) day FLSA Work Period. Each ten ( 10) hour and thirty (30) minute workday shall consist of ten ( 10) hours and thirty ( 30) minutes of work and either a thirty ( 30) minute or one (1) hour unpaid meal period. The ten (10) hour workday shall consist of ten (10) hours of work and either a thirty (30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

d. 207(k) 4/10 Work Schedule. Employees shall work sixteen (16) ten hour workdays in each twenty -eight (28) day FLSA Work Period.

City Council
11 –
10 4/7/2026

6 Each workday shall consist of ten ( 10) hours of work and either a thirty ( 30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

e. 207(k) 9/80 Work Schedule. Employees shall work five (5) nine (9) hour workdays in one (1) seven (7) day period and three (3) nine (9) hour workdays and one (1) eight (8) hour workday in the second seven (7) day period, or alternatively three (3) nine (9) hour workdays and one (1) eight (8) hour workday in the first seven (7) day span and five (5) nine (9) hour workdays in the second span.

This cycle shall be repeated twice each twenty-eight (28) day FLSA Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a thirty (30) minute or one (1) hour unpaid meal period. The eight (8) hour workday shall consist of eight (8) hours of work and either a thirty (30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

f. 207(k) 9/81 Work Schedule. Employees shall work eighty-one (81) hours in a consecutive fourteen ( 14) day, three hundred thirty -six (336) hour period. This cycle shall be repeated twice each twenty - eight (28) day FLSA Work Period. Employees shall work five (5) nine (9) hour workdays in one (1) seven (7) day span and four (4) nine (9) hour workdays in the second seven (7) day span. Each nine (9) hour workday shall consist of nine (9) hours of work and either a thirty ( 30) minute or one (1) hour unpaid meal period. While assigned to the 9/81 schedule, an officer shall earn two (2) hours of overtime during each twenty -eight ( 28) day FLSA Work Period, unless they take leave without pay during the twenty-eight (28) day, six hundred seventy-two (672) hour period.

3.3 Meal Periods. Except for those employees assigned to Patrol, other employees who do not receive a paid meal period whose meal periods are interrupted by the performance of job related duties, will receive another full, uninterrupted meal period or will be compensated for their meal period at their overtime rate of pay at time and one -half (1.5) their regular rate of pay. For purposes of this section, “interrupted” shall mean a significant interruption of more than a few minutes (de minimis). For employees who receive a one (1) hour lunch period (half (0.5) of which is paid) overtime compensation shall apply only to the unpaid half (0.5) hour. Unless exigent circumstances exist beyond the Department’s control, employees assigned to Patrol shall be provided a thirty (30) minute paid meal period.

3.4 Detective Redeployment.

All employees assigned as detectives (investigators) shall work one (1) day per month in the patrol function of the Field Operations Bureau pursuant to a schedule as determined by the Chief of Police or their designee.

City Council
11 –
11 4/7/2026

7 Once each calendar year the Chief of Police shall conduct a review of the organization of the Police Department to determine whether positions and assignments currently in the Investigations Bureau represent a deployment of resources that best enables the department to provide police services to the city. Effective the first day of the month following City Council approval of this 2024- 2027 MOU, the Chief of Police on a monthly basis shall conduct a review of the organization of the Police Depart ment to determine whether positions and assignments currently in the Investigations Bureau represents a deployment of resources that best enables the department to provide police services to the city.

The Chief of Police may, as a result of this review, remove positions and assignments from the Investigations Bureau and assign them, and the individuals who occupy them, to other bureaus or eliminate them and assign the individuals who occupy them to other positions and assignments in the department.

The annual review and any re-assignment made as a result of the review shall be completed, including the appeal thereof outlined below, sufficiently in advance of the annual patrol deployment sign-up to enable those who will be assigned to Patrol to make use of their seniority when choosing patrol shifts and days off.

Any employee who is informed that they will be removed from the Investigations Bureau and lose the Investigations assignment pay differential may appeal per Article 16 to the Chief of Police. This appeal constitutes the sole administrative appeal of the Chief’s decision, shall be conducted in an informal manner and the decision of the Chief shall be final.

3.5 Field Operations shifts and requests for time off shall be based on seniority in job classification and rank held within the employee’s assigned Bureau.

City Council
11 –
12 4/7/2026

8 ARTICLE IV

4.0 SALARIES

4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the Association who are now employed or will in the futur e be employed in any of the designated classifications of employment listed in this MOU and its attachments.

4.2 Salary Schedule. The basic salary schedule, attached hereto as Exhibit “A” , and made a part hereof as though set forth in full herein, provides salary ranges, each comprised of five (5) steps or rates of pay.

The steps within each range are identified by the letters "A" through "E" inclusive, with the "A" step being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary range is summarized as follows:

Step A Normal beginning pay rate
Step B After 6 months’ service at Step “A” and the receipt of a “meets standards” performance evaluation. Also optional hiring rate Step C After 12 months’ service in next lower step and the receipt of a “meets standards” performance evaluation . Also maximum hiring rate.

Step D After 12 months’ service in next lower step and the receipt of a “meets standards” performance evaluation.

Step E After 12 months’ service in next lower step and the receipt of a “meets standards” performance evaluation.

After the salary of an employee has been first established, the employee shall be advanced from Step "A" to Step "B" or from Step "B" to Step "C" or from Step "C" to Step "D," or from Step "D" to Step "E," whichever is the next higher step to that on which the employee has been previously paid, effective the first day of the month following completion of the required length of service at each step. Employees shall be advanced from one step to the next effective the first day of the pay period following completion of the required length of service at each step. This assumes the employee has received at least a “meets standards” performance evaluation which is a condition of moving to the next step.

For employees who are not at top step who receive their performance evaluation after the first day of the month following their anniver sary date, they shall move to the next step retroactive to the first day of the month following their anniversary date. For employees who are not at top step who receive their performance evaluation after the first day of the pay period following their anniversary date, they shall move to the next step retroactive to the first day of the pay period following their anniversary date.

If an employee who is not at top step receives an evaluation that is less than a “meets standards” evaluation, they will be re -evaluated three (3) months after their anniversary date. If they achieve a meets standards evaluation, they will then move to the next step on the first day of the following pay period. If they do not receive at least a “meets standards”

City Council
11 –
13 4/7/2026

9 evaluation, they will not move to the next step and need to wait until the following year for their next evaluation.

4.3 Salary Adjustments.

Effective the first full pay period following July 1, 2024, the base salary of employees covered by this MOU shall be increased by four percent (4.0%).

Effective the first full pay period following July 1, 2025, the base salary of employees covered by this MOU shall be increased by four percent (4.0%).

Effective the first full pay period following July 1, 2026, the base salary of employees covered by this MOU shall be increased by four percent (4.0%).

4.4 Longevity Pay.

Longevity pay, as presented in the table below, is calculated as the listed percentage of the employee’s base monthly salary step. Each of the service year levels are stackable.

Sworn Employees – longevity for employees in the classifications of Police Officer and Police Sergeant is defined as, total years of law enforcement service.

Non-Sworn Employees – longevity is defined as, total years of City service.

Employee
Type
Service
Years
Completed
Effective
January 1,
2024
Effective First Full
Pay Period
Following July 1,
2025
Effective First Full
Pay Period Following
July 1, 2026
Sworn
Employees 10 N/A 5% 5%
15 5% Additional 5% Additional 5%
20 Additional 5% Additional 5% Additional 5%
Non-Sworn
Employees 15 N/A 2.5% 5%
20 2.5% Additional 2.5% Additional 5%

4.5 Application of Basic Compensation Plan. The salary steps contained in Exhibit A are monthly salary rates. All officers and employees working in classifications of employment 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 less 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. An employee’s base rate of pay, which is also known as their hourly rate of pay is computed by taking their monthly rate of pay and dividing it 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 exactly one-half cent or higher shall fix the rate at the next higher whole cent.

City Council
11 –
14 4/7/2026

10 4.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown as Step "A" in the salary range allocated to the class of employment for which they have been hired. In special instances where such new employee possesses unique and exceptional education, 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 any other Step within the allocated salary 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 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 further provisions of this Article.

4.7 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 the higher classification or service in a classification allocated t o the same salary range and having generally similar duties and requirements. Employees hired after the first ( 1st) working day of the month shall not be credited with "time -in- service" for that month when determining the length of service required for sa lary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purpose of this MOU and any such employee reentering the service of the City shall be considered as a new employee, except that they may be reappointed within one (1) year and may be placed in the same salary step in the appropriate salary range as they was at the ti me of termination of employment.

4.8 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 job family series, they shall be reassigned to Step "A" in the appropriate salary range for the higher classification; provided however, that if the base salary step currently being paid to the employee is already equal to or higher than said Step "A," they will be placed in the lowest step in the appropriate salary range as will grant th e employee an increase of at least one (1) salary step over their current base salary step including assignment pay s, shift differential and bilingual pay being paid at the time of promotion.

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

A. The salary rate shall be reduced by at least one (1) step.

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

City Council
11 –
15 4/7/2026

11 4.10 Reallocation of Salary Ranges. Any employee who is employed in a classification which is reallocated to a different salary range from that previously assigned shall be retained in the same salary step in the new salary range as they had previously held in the prior range and shall retain credit for length of service in such step towards advancement to the next higher step.

City Council
11 –
16 4/7/2026

12 ARTICLE V

5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES

5.1 Assignment Pay Differentials.

Assignment pay differentials, as listed herein and throughout the MOU, will, 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.

5.2 Lead Worker/Supervisory Premium

Employees who are routinely and consistently assigned to lead (“lead” is defined in Lexipol Policy 1039) a functional unit which includes positions in the same or lower classifications as the incumbent, shall be compensated as provided below:

A. E mployees in the class of Police Services Dispatcher who are routinely and consistently assigned to and actually performing in a lead capacity over an assigned shift of Police Services Dispatchers will be paid assignment pay equal to five percent (5.0%) of base pay for all hours paid. A leave of absence for an entire pay period will result in the employee not receiving the pay for being a lead.

B. Employees in the class of Forensic Specialist I, who are routinely and consistently assigned to and actually performing duties in a lead capacity over a primary functional unit of Forensic Specialist I employees, will be paid assignment pay equal to five percent (5.0%) of base pay for all hours paid.

C. Employees in the class of Police Officer who are assigned as a Corporal (i.e., who are routinely and consistently assigned lead other employees) will be paid at a rate of two and one half percent (2.5%) of base pay.

If an employee in the assignment of Corporal is assigned to lead a work unit without a Sergeant, they will be paid an additional two and one half percent ( 2.5%) (for a total of five percent (5%)) of base pay. At the present time, Directed Patrols and Civic Center Patrol units are examples of such assignments.

D. Employees in the class of Correctional Officer I (and effective March 22, 2026 for Correctional Officer II) who are routinely and consistently assigned to and actually performing in a lead capacity assigned to and actually performing duties of the assignment of Senior Correctional Officer will be paid two and one half percen t (2.5%) of base pay for all hours paid.

E. Employees in the class of Firearms Examiner who are routinely and consistently assigned to and actually performing duties in a lead capacity, will be paid five percent (5.0%) of base pay.

City Council
11 –
17 4/7/2026

13 F. Notwithstanding the specific provisions of Article V, Section 5.2, A – E, employees who are routinely and consistently assigned to and actually performing duties in a lead capacity of a functional unit which includes positions in the same or lower classifications as the incumbent, may be compensated up to five percent (5%) of base pay for all hours paid for said duties upon mutual agreement of the City and POA.

The parties agree that to the extent permitted by law, th e pay in this section is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Lead Worker/Supervisory Premium . However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.3 Training Premium

A. Employees in the class of Police Services Dispatcher who are routinely and consistently assigned to train employees will be paid assignment pay equal to five percent (5.0%) of base pay when assigned to train employees.

B. Employees who are routinely and consistently assigned to train as a Training Officer working in Field Operations, in the Detention facility, as a Forensic Specialist II, or as the Training Coordinator will be paid two and one half percent (2.5%) of base pay.

C. Employees who are routinely and consistently assigned to perform training functions as a Parking Control Officer will be paid two and one half percent (2.5%) of base pay.

The parties agree that to the extent permitted by law, this pay in this section is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Training Premium. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.4 Detective Division Premium

Employees who are routinely and consistently assigned to an investigative unit who are performing duties of an Internal Affairs Officer will be paid two and one half percent (2.5%) of base pay.

The parties agree that to the extent permitted by law, the pay in this section is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Detective Division Premium . However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.5 Police Investigator Premium

A. Sworn employees identified by the Police Department, who are routinely and consistently assigned to analyze crimes or investigative accidents and actually

City Council
11 –
18 4/7/2026

14 performing duties of a Detective/ Investigator assigned to the Investigations Division or Special Investigations Units will be paid two and one half percent (2.5%) of base pay.

B. Sworn employees identified by the Police Department, who are routinely and consistently assigned to a detective or intelligence division and who are actually performing duties of a Background Investigator will be paid two and one half percent (2.5%) of base pay.

The parties agree that to the extent permitted by law, the pay in this section is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Police Investigator Premium . However, CalPERS ultimately de termines whether any form of compensation qualifies as special compensation.

5.6 Motorcycle Patrol Premium

Police Officers or Police Sergeants who are routinely and consistently assigned to and actually performing duties of a Motor Officer assigned to the Traffic Division who are routinely and consistently assigned to operate and/or patrol on motorcycle will be paid two and one half percent ( 2.5%) of base pay. Motor Officers shall maintain their motorcycle on duty.

The parties agree that to the extent permitted by law, the pay in this section is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Motorcycle Patrol Premium . However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.7 Aircraft/Helicopter Premium
Employees in the class of Police Officer who are routinely and consistently assigned as a helicopter or fixed wing aircraft pilot will be paid five percent (5.0%) of base pay. This pay does not apply to individuals who pilot a drone.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Aircraft/Helicopter Pre mium. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.8 Search Pay Premium
Effective March 22, 2026, employees in the classifications of a Correctional Officer I, Correctional Officer II, or Correctional Supervisor who are routinely and consistently assigned to search and process prisoners in the induction area of jails as a Jail Transport Officer will be paid two and one half percent (2.5%) of base pay.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Search Pay Premium. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

City Council
11 –
19 4/7/2026

15 5.9 Shift Differential Pay
A. Non-Sworn Personnel . E mployees in the classes of Animal Service Officer I, Animal Service Officer II, Forensic Specialist I, Crime Research Analyst, Forensic Specialist II, Police Communications Supervisor, Police Investigative Specialist, Police Property & Evidence Specialist, Police Service Officer, Police Evidence and Supply Specialist, Police Services Dispatcher, Communications Services Officer, Correctional Officer, (effective March 22 , 2026 for Correctional Officer II), Correctional Supervisor and Parking Control Officer who are r outinely and consistently 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. will be paid a shift differential at a rate of five percent ( 5.0%) of base pay.

B. Sworn employees covered by this MOU who are routinely and consistently assigned to a schedule of work that requires that they actually work a minimum of four and one-half (4 ½) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate of five percent (5.0%) of base pay.

The parties agree that to the extent permitted by law, pay for shift differential is special compensation and shall be reported as such, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Shift Differential. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.10 Bilingual Pay. Qualified employees who meet the following criteria shall be paid a monthly pay differential, above their base monthly salary step, as follows:

A. Assignment by the Police Chief or their designee to a position requiring bilingual capability in both English and any other language and American Sign Language ; and

B. Certification is determined by an employee’s passing score on a bilingual proficiency examination. . Employees must recertify for this pay every three (3) years.

C. Sworn: Street Level Proficiency in Spanish. A Police Officer or Sergeant who successfully demonstrates the required level of bilingual fluency as determined by determined by an employee’s passing score on a bilingual proficiency examination shall be paid bilingual pay of equal to the product obtained by multiplying the Step “E” base salary rate of Police Officer by two and one half percent ( 2.5%) of base pay.

D. Sworn: Complex Level Proficiency in Designated Languages. A Police Officer or Police Sergeant who successfully demonstrates the required level of bilingual fluency as determined by an employee’s passing score on a bilingual proficiency examination shall be paid a bilingual pay equal to the product obtained by multiplying the Step “E” base salary rate of Police Officer by five percent (5%) of base pay.

City Council
11 –
20 4/7/2026

16 E. Non-Sworn: Secondary Level Proficiency in Designated Languages. An employee who is routinely and consistently assigned to a position requiring communication skills in languages other than English. where regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential, or integral element of the work and who successfully demonstrates the required level of bilingual fluency as determined by an employee’s passing score on a bilingual proficiency examination shall be paid seventy-five dollars ($75) per month.

F. Non-Sworn: Primary Level Proficiency in Designated Languages . An employee who is routinely and consistently assigned to a position requiring communication skills in languages other than English where 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 performed, will be designated as Primary Bilingual Assignments. A non-sworn employee assigned to such a pos ition who successfully demonstrates the required level of bilingual fluency shall be paid three hundred dollars ($300) per month.

The parties agree that to the extent permitted by law, bilingual pay is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Bilingual Premium. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.11 Temporary Upgrade Assignment Pay. The parties acknowledge that from time to time it may be necessary for the department to fill a temporarily vacant, full -time budgeted, higher-level position due to the temporary absence of the incumbent or if the higher -level position becomes vacant (up to 960 hours). The parties agree that such a position may be filled by an eligible unit member (this means an employee must meet the minimum qualifications for the higher-level position and shall be responsible for performing the full range of duties and responsibilities of the higher -level classification) for an initial period of up to six (6) months, and at the discretion of the Chief of Police, for an additional six (6) months; and that the employee assigned to fill such a position shall receive Temporary Upgrade Assignment Pay as set forth below:

A. Eligibility.

Full-time employees shall be assigned to fill a vacant, full-time budgeted, higher- level position, and shall receive Temporary Upgrade Assignment Pay for filling that position, when the occupier of that position is not performing the duties of that position for a period of two (2) consecutive calendar weeks or more. An employee filling a position under this section who is absent for two (2) days or less during the two (2) consecutive calendar week period will not lose their eligibility for Temporary Upgrade Assignment Pay; however, the days of absence shall not be counted in the computation of the two (2) week period.

In computing qualifying service or temporary upgrade assignment pay, only full days of actual duty shall be included. Partial days shall not be combined to make full days unless they are holiday hours. Holiday time off will be included in

City Council
11 –
21 4/7/2026

17 computing actual duty days.

Employees holding the position immediately subordinate to the vacant, full -time, budgeted, higher-level position to be filled shall be given first consideration to said position consistent with the operational needs of the department. When there is more than one (1) employee holding the position immediately subordinate to the vacant, full -time, budgeted, higher -level position to be filled, the most senior employee holding one (1) of the immediately subordinate positions shall be assigned to said position consistent with the operational needs of the department.

Non-permanent employees (probationary, part-time, seasonal, etc.) and employees performing work above their regular class in a training capacity shall not be assigned to a vacant, full-time, budgeted, higher-level position in accordance with this section unless specifically authorized by the City Manager.

B. Compensation.

1. After an employee has served two (2) consecutive calendar weeks in a vacant, full -time, budgeted, higher -level position, they shall be compensated at the Temporary Upgrade Assignment Pay rate for each full day that they are assigned to the higher-level position, retroactive to the first (1
st) day of said assignment.

2. An employee serving in a Temporary Upgrade Assignment will be paid within the pay range of the higher-level position. The employee will receive the higher of: 1) the minimum step of the higher -level position or; 2) five percent (5%) of base pay inclusive of assignment pays which the employee is receiving.

3. An employee assigned to a vacant, full-time budgeted, higher-level position not represented by this bargaining unit (e.g., a Sergeant temporarily assigned to act as a Lieutenant) will receive the Temporary Upgrade Pay described above, but will remain a member of this bargaining unit.

4. An employee assigned to a vacant, full -time, budgeted, hig her-level position will continue to be eligible for salary step increases in their regular position.

The parties agree that to the extent permitted by law, Temporary Upgrade Assignment Pay is special compensation and shall be reported pursuant to Title 2, CCR 571(a)(3) as Temporary Upgrade Pay. This pay is only reportable to CalPERS as special compensation for those who qualify as classic members as described by the Public Employees’ Pension Reform Act of 2013 – PEPRA. This pay is not reportable as special compensation for employees defined as “new members” under PEPRA. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

City Council
11 –
22 4/7/2026

18 5.12 Compensation f or Canine Officers for Off-Duty Activities

Police Officers who are routinely and consistently assigned as a Canine Officer will be paid five percent (5%) of base pay. This pay shall be considered compensation for the care and feeding of the dog off-duty and is for the thirty (30) minutes of time each day for such purpose.

The City and the Association understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine unit, in compliance with the FLSA.

The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number work hours for the performance of off duty canine duties. The work hours (thirty (30) minutes per day) derived at in this agreement were determined after an actual inquiry of the officers assigned in the canine assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9 th
Cir. 2004). It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA.

5.13 Standby Pay

The Police Chief at their discretion and based on the department's need may assign sworn officers to standby status for non-workdays or other days as determined by the Police Chief.

Officers thus assigned will be compensated at the rate of two (2) hours of straight time per day of standby duty. Officers assigned to standby status on non- workdays will not lose their standby pay when called to duty, if they have been on call for at least six (6) hours when called. If officers on standby status are called to duty after having been on call for less than six (6) hours, they will be paid for their response to work, but not for their standby status. Employees on standby status shall provide the department with a telephone number at which they can be reached. The employee must be able to return to the department within the amount of time they would be able to return if traveling from home. An employee on standby/on -call shall remain fit for duty. Employees on standby are also subject to the requirements of the Department Procedure # 6003, which sets forth the guidelines for standby status.

5.14 Compensation for Briefing Time

Employees in the class of Correctional Officer I, Correctional Officer II or Correctional Supervisor, who are continuously and regularly assigned to either the 207(k) 7/12.5 Corrections Work Schedule, or the 4/10.5 Corrections Administration Work Schedule, shall be paid three percent (3%) of base pay. This assignment pay is compensation for the additional thirty (30) minutes work or briefing time each day.

5.15 Non-Sworn Investigator Pay

Non-sworn employees identified by the Police Department, who are routinely and consistently assigned as a Police Investigative Specialist, Background Investigator, and Collision Investigator,

City Council
11 –
23 4/7/2026

19 will be paid two and one half percent (2.5%) of base pay.

5.16 Correctional Officer Assignments

Correctional Officer (I and II) shift assignments shall be made whenever shift change sign- ups occur and based on seniority in the classifications of Correctional Officer I and II. The assignment of Correctional Officer is recognized as a special assignment. If the parties to this MOU mutually agree, additional special assignments for the classification of Correctional Officer I and II (following the meet and confer process) can be created.

City Council
11 –
24 4/7/2026

20 ARTICLE VI

6.0 CAREER DEVELOPMENT PROGRAM

6.1 Definitions. For the purpose of clarifying the criteria for the Police Career Development Program designations set forth in Sections 6.2 through 6.8 of this Article, the following definitions apply. It is the responsibility of the employee regardless of rank or classification, to notify the police department human resources of the completion of any Career Development Pay requirements and to provide the required proof of completion or eligibility. Any Career Development pay additive shall not commence until the department is notified by the employee of obtaining eligibility and all required proof of eligibility is received by the department.

A. Educational Units. One (1) completed "semester" unit in an academic course of instruction approved by the Police Chief and in an accredited college or university shall equal one ( 1) educational unit. One ( 1) "quarter" unit achieved in an educational institution as above shall equal two-thirds (2/3) of an educational unit. "Trimester" units or other standards of measurement used as a basis in awarding scholastic credits will be accorded the same evaluation and weight as provided by the respective accredited college or university. Only completed coursework credited with a letter grade "C" or better or a grade of "Pass" when evaluated by the "Pass/Fail" method will be accepted. If such ratings are not rendered for a specific course, then a certificate of successful completion must be submitted.

B. Training Units. Twenty (20) classroom hours or its equivalent of approved police training shall equal one unit.

Regular, periodic, on-the-job training programs shall not be considered as fulfilling this requi rement. Neither shall the special training required for Crime Scene Investigators and Advanced Officers or other similar mandatory training (e.g., First Aid, C.P.R. Recertification, etc.) nor the basic introductory training or similar training given an employee during their probationary period be given credit for the awarding of training units.

1. When college credit is awarded for special training in police work, such units of credit may be counted for either training units or educational units as the officer may select.

2. Training units may be earned by the assignment to and performance of sworn police officer duties (other than uniformed field patrol work in Field Operations Division) with one ( 1) full and continuous month of such assignment equal t o one ( 1) training unit. Credit for experience in assignments other than patrol work in Field Operations shall not be given, unless at least three (3) full and continuous months of such assignment have been completed. Not more than six (6) units of training through assignment to non-patrol duties may be earned in any one ( 1) year and not more than fifteen (15) such training units by assignment shall be used in meeting the

City Council
11 –
25 4/7/2026

21 criteria for the Police Career Development Program designations as set out in this Article.

C. The Senior Police Officer I-III and Senior Police Sergeant I-III provisions set forth in sections 6.3 – 6.8 below apply to sworn employees in the bargaining unit hired by the City of Santa Ana into a sworn position prior to January 1, 2014. The Career Development Pay provided for in section 6.10 below is for sworn members of the bargaining unit hired into a sworn position with the City of Santa Ana on or after January 1, 2014.

6.3 Senior Police Officer I . Any sworn, safety -member Police Offi cer, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/training units fulfills the requirements established in this section shall be designated as a Senior Police Officer I and shall, upon approval of the Police Chief, be paid seven and one half percent (7.5%) of base pay.

6.4 Senior Police Officer II . Any sworn, safety -member Police Officer , regardless of duty assignment, who completes (acquires) at least ninety (90) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall be designated as a Senior Police Officer II and shall, upon approval of the Police Chief, be paid twelve and one half percent (12.5%) of base pay.

6.5 Senior Police Officer III . Any sworn, safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least one hundred and twenty (120) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units shall, upon approval of the Police Chief , be designated as a Senior Police Officer III and shall be paid fifteen percent (15%) of base pay.

6.6 Senior Police Sergeant I. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/training units; shall be designated as a Senior Police Sergeant I and shall, upon approval of the Police Chief, be paid seven and one half percent (7.5%) of base pay.

6.7 Senior Police Sergeant II . Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least ninety (90) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall, upon approval of the Police Chief, be designated as a Senior Police Sergeant II and shall be paid twelve and one half percent (12.5%) of base pay.

6.8 Senior Police Sergeant III . Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who compl etes (acquires) at least one hundred and twenty (120) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units shall, upon approval of the Police Chief, be designated as a

City Council
11 –
26 4/7/2026

22 Senior Police Sergeant III and shall be paid fifteen percent (15%) of base pay.

6.9 Education Incentive Pay - Non-Sworn. An incumbent in one of the classes designated as “non-sworn” covered by this MOU shall earn an additional amount as follows:

A. Upon attainment of an Associate in Arts Degree, employee will be paid at a rate of five percent (5%) above their then current base monthly salary step. For employees hired after July 1, 2017, the pay in this paragraph shall only apply to employees in classifications which do not require a degree.

B. Upon attainment of a Bachelor of Arts or Science Degree, an employee will be paid seven and one half percent (7.5%) of base pay above their then current base monthly salary step. If the employee obtains a Bachelor’s Degree without attaining an Associate in Arts Degree, they will be paid five percent ( 5%) of base pay . For employees hired after July 1, 2017, the pay in this paragraph shall only apply to employees in classifications which do not require a degree for any employee hired after July 1, 2017.

C. Upon attainment of a Masters in Arts Degree, an employee will be paid ten percent (10%) of base pay. This pay is not stacked with the pay in paragraphs A and B above. For employees hired after July 1, 2017, the pay in this paragraph shall only apply employees in classifications which do not require a degree.

6.10 Career Development Pay-Sworn

Sworn employees hired on or after January 1, 2014 shall be eligible to receive Career Development Pay as follows:

A. Level One - Upon attainment of an Associate in Arts Degree employees will be paid five percent (5%) of base pay.

B. Level Two - Upon attainment of an Associate in Arts Degree and an additional thirty (30) educational units toward a declared Bachelor’s degree, employees will be paid five percent (5%) of base pay for a total of ten percent (10%) of base pay. If such employee obtains a Bachelor's Degree without attaining an Associate in Arts Degree, they will be paid ten percent (10%) of base pay.

C. Level Three - Upon attainment of a Bachelor of Arts or Science Degree employees will be paid five percent ( 5%) of base pay for a total of fifteen percent ( 15%) of base pay.

The parties agree that to the extent permitted by law, the pay in Sections 6.3 through 6.10 is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational Incentive. The City has a system in place to evaluate and approve acceptable courses.

However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

6.11 Advanced POST Certificate. S worn employees wh o obtain and possess an Advanced

City Council
11 –
27 4/7/2026

23 POST Certificate will be paid two percent (2%) of base pay. The Advanced POST Certificate pay will be provided effective the first pay period after the date it is issued but not earlier than the first full pay period following City Council approval of this MOU.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Peace Officer Standard Training (POST) Certi ficate Pay . However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

6.12 Fingerprint Training Pay

Employees in the class of Forensic Specialist I or Forensic Specialist II who complete 80 hours of fingerprint training from the Department’s approved course list as well as 16 additional hours of City-qualified court testimony training shall be paid two and one half percent ( 2.5%) of base pay. If these employees complete an add itional 96 hours of fingerprint training (for a total of 176 hours) from the Department’s approved course list as well as 16 additional hours (for a total of 32 hours) of City -qualified court testimony training, they shall be paid an additional two and one half percent (2.5%) of base pay, for a total of five percent (5.0%) of base pay. This training enhances employees’ ability to do their job. A system is in place to evaluate and approve acceptable courses.

The parties agree that to the extent permitted by law, the pay for fingerprinting training is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational Incentive. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

City Council
11 –
28 4/7/2026

24 ARTICLE VII

7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM

7.1 Purpose.

A. To encourage the employees of the City of Santa Ana to 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 establish eligibility requirements, conditions and procedures whereby such assistance may be provided.

7.2 Eligibility.

A. Applications for tuition reimbursement will be considered only from full -time, permanent City employees who have completed probation.

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 will 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 will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of the various Boards 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 fall 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 the Police Chief to attend a particular course or seminar, the expense shall be borne entirely by the City.

City Council
11 –
29 4/7/2026

25 H. For specifics regarding this Article, please refer to Santa Ana Police Department Training Bulletin 02 -07 - Scheduling of Training Days and Travel Time Compensation.

7.3 Reimbursement.

A. Reimbursement will be based on the cost of tuition or registration fees and all required texts, eBooks and related material for each course. Addit ional expenses such as meals and parking fees are not reimbursable.

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

1. For textbooks: a duplicate of the required tex tbook(s) was unavailable for loan from the departmental libraries prior to the commencement of coursework;

2. For textbooks: 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. Tuition or registration costs of one hundred dollars ($100.00) or less are eligible for one hundred percent (100%) reimbursement. Tuition costs in excess of one hundred dollars ($100.00) are eligible for seventy -five percent (75%) reimbursement.

Maximum tuition reimbursement per semester is five hundred dollars ($500.00) with a ma ximum of one thousand five hundred dollars ( $1,500) a year. NOTE:

Summer and winter sessions shall be counted as separate "semesters" for purposes of the program.

D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One ( 1) "quarter" unit shall equal two-thirds (2/3) of one (1) "semester" unit.

7.4 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 the Police Chief.

B. The Police Chief will recommend approval or disapproval and forward the application to the Human Resources Department. It is advisable that the applicant accomplish the procedures so far described prior to the inception of the course or disbursement of personal funds in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy.

C. Within three (3) months after they have completed the course and received their final grade, the employee must include official verification of their final grade with

City Council
11 –
30 4/7/2026

26 appropriate re ceipts for tuition and textbook costs to the Human Resources Department. These will 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.

D. Upon receipt of the required documentation, the Human Resources Department will determine whether the completed course of instruction is compatible with the provisions of Sections 2 and 3 of this Article. If found to be compatible, the Human Resources Department will compute the amount of reimbursement, authenticate the application, and forward it to the Police Chief.

E. The Police Chief will then authorize the Finance and Management Services Department to reimburse the employee the approved amount out of the budget of the Police Department.

City Council
11 –
31 4/7/2026

27 ARTICLE VIII

8.0 OVERTIME

8.1 General Policy for Overtime Work . Whenever 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 Police Chief, or an authorized representative of the City Manager or Police Chief, may require an employee to perform overtime work.

8.2 Definition.

A. Standard Work Period Overtime. Overtime for those employees assigned to the Standard Work Period shall be authorized or required time worked in excess of those hours assigned to their particular Standard Work Period Schedule workday or hours in excess of forty (40) hours per Work Period. However, subject to Article

8.3 below, if an employee uses sick leave or personal necessity leave as provided for in this MOU in the same Standard Work Period in which they works hours in addition to their regular hours, the sick leave and/or personal necessity leave shall not count as work hours which shall mean that the additional hours worked shall be paid at straight time if they are less than or equal to the number of sick leave or personal necessity leave hours used in the Standard Work Period. The use of such leave hours shall not affect overtime earned in accordance with Article 8.14 of this MOU.

B. Alternative Work Period Overtime. Pursuant to this MOU, employees assigned to the Alternate Work Period (the twenty -eight ( 28) day FLSA work period per Section 7(k) of the FLSA) shall earn overtime for authorized or required time worked in excess of those hours assigned to their particular Alternative Work Period Schedule workday or hours in excess of their Alternative Work Period Schedule hours in a consecutive twenty -eight (28) day, six hundred seventy -two (672) hour period. However, subject to Article 8.3 below, if an employee uses sick leave or personal necessity leave as provided for in this MOU in the same Alternative Work Period in which they works hours in addition to thei r regular hours, the sick leave and/or personal necessity leave shall not count as work hours which shall mean that the additional hours worked shall be paid at straight time if they are less than or equal to the number of sick leave or personal necessity leave hours used in the Alternative Work Period. The use of such leave hours shall not affect overtime earned in accordance with Article 8.14 of this MOU.

8.3 Computation of a Workday and Work Period. Paid leave for holidays, vacation, and other time off with pay (including approved workers’ compensation leave), except for sick leave and personal necessity , shall be credited towards the total time worked in computing a regular workday, and/or a work period, as defined herein. Sick leave and personal necessity shall not count as hours worked towards the total time worked in computing a regular workday and/or a work period.

City Council
11 –
32 4/7/2026

28 Unit members shall record hours worked in one-tenth (1/10) of an hour increments of time.

This is illustrated by the following:

0-3 Minutes – No additional time should be recorded
4-9 Minutes = .1 of an hour
10-15 Minutes = .2 of an hour
16-21 Minutes = .3 of an hour
22-27 Minutes = .4 of an hour
28-33 Minutes = .5 of an hour
34-39 Minutes = .6 of an hour
40-45 Minutes = .7 of an hour
46-51 Minutes = .8 of an hour
52-57 Minutes = .9 of an hour
58-60 Minutes = 1.0 full hour

For example, if an employee whose work schedule is 7:30 a.m. to 5:30 p.m. works until 5:48 p.m. they would record 9.3 hours for the day.

Leave without pay shall not be credited towards the total time worked in computing a regular workday, and/or a work period, as defined herein.

8.4 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.

B. Should the Police Chief determine that the best interests of the City will be served thereby, their designee may permit an employee to be compensated for overtime work by earning compensatory time off at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. This time, hereinafter identified as “comp time” shall be accrued as set forth below.

C. There are two (2) Comp Time banks. The first bank is the Non-FLSA Comp-Time Bank established under the 2013-2015 MOU. Those employees hired after July 1, 2015 or those employees with less than one hundred (100) hours of Comp-Time at the time the banks were created will not have a Non-FLSA Comp-Time Bank. The second bank is the FLSA Comp-Time Bank.

1. The Non-FLSA Comp Time Bank can never have hours added to it. The hours in that bank can only be used as leave time and when using such leave will not cause the City to have to pay another employee overtime to fill behind the employee using the leave. The comp time in this bank cannot be cashed out during employment, only at the time the employee leaves City employment. If an employee uses the comp time in this bank during employment and exhausts the entire accrual in this bank, the employee’s Non-FLSA Comp Time Bank will be closed as no additional hours may accrue into this bank.

City Council
11 –
33 4/7/2026

29 2. The FLSA Comp Time Bank has a maximum accrual of one-hundred (100) hours. An employee who has one hundred (100) hours in this bank will earn overtime paid at time and one -half the employee’s regular rate of pay for overtime earned in accordance with this MOU and the FLSA. An employee who works overtime and who has less than one hundred (100) hours in their FLSA Comp Time Bank may be able to accrue hours (at the rate of one and one half (1.5) hours for each hour of overtime worked) in accordance with subdivision (B) above.

By December 15 of each year, employees may make an irrevocable election to cash out up to eighty ( 80) hours of FLSA Comp Time w hich they may earn in the following calendar year. In the following year, the emplo yee can receive the cash for FLSA Comp Time they irrevocably elected to cash out in either two (2) separate increments of up to forty (40) hours or one (1) increment of eighty (80) hours.

The employee would be paid one half of what they irrevocably elected to cash out hours on both the second pay day in July and the first pay day i n December (assuming they have earned it) or the employee can elect to be paid their full amount they elected to cash out on the first pay day in December. However, if the employee’s FLSA Comp Time balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will rece ive cash for the amount of FLSA Comp Time the employee has earned at the time of the cash out.

D. Use of Comp Time from the FLSA Comp Time Bank.

1. When an employee submits a request for time off us ing accrued compensatory time, and that employee has found a qualified replacement, the time off request will be granted. A qualified replacement means that the replacement officer or employee is able to fulfill the requirements of the position to which the requesting officer is assigned.

a. Compensatory time off requests made for consideration during the monthly scheduling meetings will be treated as any other time off and granted only on the basis of seniority.

b. Pursuant to the 3-12 Operating Rules, officers may trade work days with other officers within the twenty -eight ( 28) day deployment period. Any trades must be approved by the affected Commanders and the Field Operations Bureau Commander.

2. When an employee submits a request to take time off using accrued compensatory time and the officer deployment is above minimum staffing for the day requested, then the request will be granted without further conditions. However, if the number of officers scheduled to work on the day(s) of the request is at or below minimum staffing as defined by the department, the compensatory time off request will be granted only if a

City Council
11 –
34 4/7/2026

30 qualified replacement has volunteered and committed to work the assignment left open by the request for time off. The volunteer may exchange days off with the requesting employee within the twenty -eight (28) day deployment period, whichever applies, or may elect to receive overtime compensation.

3. Requests for use of compensatory time off during holidays as defined by this MOU, must be submitted in time to be considered during the monthly scheduling meeting held by bureau and division commanders for the upcoming month. These requests will be considered by seniority and will be granted only if officer deployment is above minimum staffing.

Compensatory time off requested during a City -designated holiday will be treated as any other time off request and will be granted in order of seniority as long as minimum staffing levels are met. The replacement policy in Section 8.4(D)(4) below will not apply to compensatory time off requests submitted for consideration during monthly scheduling meetings.

4. Although it is always preferable for the employee to find a qualified replacement when requesting the use of compensatory time off, if provided sufficient notice of a request for time off, the department will work with employees to find a qualified replacement. Sufficient notice and reasonable period will be defined as follows:

a. Seventy-two (72) hours’ notice for one (1) day or less of time off requested.

b. Five (5) calendar days’ notice for more than one (1) workday up to one (1) workweek.

c. Fourteen (14) calendar days’ notice for more than one (1) week compensatory time off request.

5. If an employee has provided sufficient notice to use compensatory time off, the department will work with the employee to find a qualified replacement in the following manner:

a. The watch commander will maintain a calendar of time off that has been requested in accordance with the guidelines listed above.

Qualified employees will be allowed to volunteer to work these shifts.

b. If an employee volunteers and signs up to work for another employee who has reques ted compensatory time off, that volunteering employee will be held responsible for working that full shift without further reminder. Employees who do not show up to work, or retract their offer to replace another officer, may be subject to disciplinary action and may not be permitted to volunteer to work in this manner in the future.

City Council
11 –
35 4/7/2026

31 6. The watch commander shall send out an e -mail message to all officers requesting a volunteer to cover the shift by switching days off or working on overtime.

7. When a compensatory time off request is made in a manner that does not comply with this policy, and granting that request would unduly disrupt the operations of the department, the department may deny that request.

8.5 Incremental Usage. Compensatory t ime off may be taken in increments as small as one- half (1/2) hour.

8.6 No Effect on Other Benefits. O vertime is not pensionable, employees do not earn additional leave accruals and it does not count toward the completion of the probationary period or progression to the next salary step.

8.7 Overtime Work to be Apportioned. To the extent that they are reasonably able to do so, the Police Chief shall arrange work programs to minimize overtime work; necessary overtime work shall be apportioned among employees of like classification and assignment.

8.8 Advance Compensation for Overtime. Compensatory t ime off earned within a pay period cannot be used within the same pay period.

8.9 Compensation for Overtime: Overtime pay or comp time shall be allowed an employee for attendance at conventions, conferences, seminars or the like, as long as prior authorization is received. Overtime pay or comp time pay shall be permitted only for attendance which is ordered on such employee’s normal days off or for time beyond a normal workday’s duration. Please refer to Santa Ana Police Department Training Bulletin 02-07 for details.

8.10 Call-Back and On-Call.

A. Employees who are on call during their off-duty time due to their assignment (i.e., Homicide Investigators, Internal Affairs Sergeants, Crimes Against Persons Sergeants, etc.) and are called back to work will be paid for their travel time at the overtime rate from the time they leave their home until the time they return home, or until their regularly scheduled shift begins. Only that period of time devoted to work will be compensated. If employees are not home when they are called back to duty, they will receive their normal home to work travel time or if closer to City than their home, travel to that location and back.

1. Employees who are on-call are subject to the following:

Employees are required to promptly return to work after being called and be fit for duty and able to respond. Employees on call are not permitted to drink alcohol or use any substance that will affect their ability to retur n to work.

City Council
11 –
36 4/7/2026

32 Being on call does not constitute hours worked since employees are off -duty and permitted to engage in personal pursuits.

Employees are required to respond to a phone call as quickly as possible. Upon responding, the employee will be instructed as to whether they are required to return to work (it is possible that the issue could be resolved by talking to the employee on the phone or using a computer to resolve the issue) and if so, will be informed of the location to which they must respond. Response time will generally be the employee’s normal commute time and any additional minimal time necessary to get ready to return to work.

B. Employees who are ordered back to work while off-duty because of an emergency or other unforeseen event will be paid for travel time at the overtime rate from the time they leave their home until they return home, or until their regularly scheduled shift begins. Only that period of time devoted to work will be compensated.

C. Employees who are called at home and offered voluntary overtime work, and elect to accept the offer, will not be compensated for travel time in any manner.

Similarly, employees who sign up for voluntary overtime, or who have advance notice that they will have to work during their off -duty time on an overtime basis, will not be compensated for travel time.

8.11 Accrued Compensatory Time Off Paid Upon Promotions or Upon Separation. 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 they shall be compensated for accrued compensatory time on the next payday.

8.12 Court Appearance. Compensation for court appear ance shall be as follows:

A. For each required court appearance made by an employee during their off-duty time regarding City business, employees 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. If court appearances are made both in the morning and afternoon of a particular day, the employee shall rec eive a minimum of two (2) hours overtime for each session attended. Employees who appear in court in the morning and are required to stay until through the court’s meal break into the afternoon session will be considered to be in paid status during the court’s meal break.

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

B. A subpoenaed employee scheduled to appear in court on City business during off - duty time may be placed on on- call status by the Police Chief or their 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 on-call status during any court session and is not required to appear in court, such

City Council
11 –
37 4/7/2026

33 employees shall be compensated two (2) hours a t straight time, for each court session. Such employee may elect, in lieu of paid time, to earn two (2) hours of comp time off for standby time and not appearing in court, with the approval of the Police Chief.

C. Employees assigned to the 3/12.5-7/12.5, or 3/12-4/12 Work Schedule who appear in court during their regularly scheduled workweek, and who, as a result , do not receive adequate rest (because of the hours of the day they work) , will be allowed to flex their scheduled shift start time up to four (4) hours, with the approval of the employee's immediate supervisor and watch commander, or immediate supervisor and section commander. Alternatively, the employee may be allowed to use up to four (4) hours from their "Comp Time Banks" at the beginning of their scheduled shift to ensure adequate rest.

1. An employee whose work shift ends or starts within thirty (30) minutes of a mandatory court appearance shall be compensated for those thirty (30) minutes at an overtime rate.

2. Employees assigned to a Watch 3 (6:00 p.m. to 6:30 a.m.) who are required to appear in court following the end of their shift will have the option of remaining on duty or ending their shift. Employees that continue active duty will be compensated at time and one -half while on duty. Employees that end their shift will be unpaid prior to their court appearance.

D. Employees who are on call for court during off -duty time, and who are called to testify, will be paid at the overtime rate of time and a half of their regular hourly rate, to include actual travel time from their home to court and back, or until their regularly scheduled shift begins. Travel time will be limited to a maximum of one (1) hour each way. Only that period of time devoted to work will be compensated.

Time spent on personal pursuits or other non- work related activity will not be compensated.

E. Those employees who have advance notice of their required appearance in court, have arranged an appearance time with the District Attorney ’s Office, or who otherwise have advance notice of mandatory court appearances, will not be compensated for travel time in any manner.

F. Employees who appear in court during off-duty hours may elect to start their normal work shift early as specified herein.

G. A subpoenaed employee scheduled to appear in court on City business during off - duty time and placed on-call by the Police Chief or their authorized representative will be compensated two (2) hours a t straight time if they are not advised of the cancellation of their appearance within five (5) Court business days of said appearance.

City Council
11 –
38 4/7/2026

34 8.13 Creation of Association Comp Time Bank.

A. Any member of the Association who works overtime, or has accrued but unused holidays, can designate that they will contribute the value of such time to a bank for use by members of the Association for the purposes and subject to the restrictions provided herein.

B. Any member of the Association may receive time off for the welfare of officers, community service and any lawful activity of the Association with pay drawn from the bank described in Subsection A of this Section, provided that said employee first gains approval for said use by the executive board of the Association in the manner specified by its rules as adopted from time to time, and subject to the approval or disapproval of the Police Chief consistent with the operational needs of the Police Department.

C. No withdrawal or use of such bank may be made by or on behalf of an employee ordered to take time off without pay for discipline imposed by the Police Chief or their designee.

D. The City agrees to provide the SAPOA with a quarterly accounting (at the end of March, June, September and December) of all Association Comp Time accrued and used.

8.14 C ompensation of Voluntary Contract Overtime . Exclusive of other provisions of this Article, except Section 8. 6 (No Effect on Other Benefits), Police Officers and Police Sergeants who voluntarily agree to perform contract security services at games, parades , dances and similar public events for a separate and independent employer shall be compensated at the rate of one and one -half (1 1/2) times the employee's regular rate of pay. However, the hours worked do not constitute hours worked under the FLSA.

The Police Chief shall determine how many off -duty police officers should serve as security officers at each event. Police Officers and Sergeants represented by the Association shall be given first opportunity to volunteer for such off-duty assignments. If, after a reasonable period of time, an insufficient number of police officers have volunteered to work such assignments, the Police Chief may offer the remaining "openings" to any person(s) they deem capable of performing the work at whatever straight-time pay rate the City considers to be appropriate.

City Council
11 –
39 4/7/2026

35 ARTICLE IX

9.0 HOLIDAYS

9.1 Legal holidays observed by full -time permanent and probationary employees covered by this MOU are as follows:

• January 1- New Year's Day.

• Third (3rd) Monday in January - Martin Luther King Jr.'s Birthday.

• Third (3rd) Monday in February - Presidents’ Day.

• March 31 – Cesar Chavez Day (effective the first holiday after City Council approval of this 2024-2027 MOU).

• Last Monday in May - Memorial Day.

• July 4 - Independence Day.

• First (1st) Monday in September - Labor Day.

• November 11 - Veteran's Day.

• Fourth (4th) Thursday in November - Thanksgiving Day.

• The Friday immediately following Thanksgiving Day.

• December 25 - Christmas Day.

• Last working day before Christmas Day, unless Christmas falls on a Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof.

• One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor.

• Every day proclaimed by the Mayor of the City as a holiday for City employees.

Any holiday which falls on a Sunday will be observed on the following Monday. Any holiday, which falls on a Saturday, will be observed on the Friday preceding the Holiday.

9.2 Employees shall receive ninety-six (96) holiday hours each year (twelve (12) eight (8) hour holidays – which includes the floating holiday) in lieu of the holidays specified in Section

9.1. However, the floating holiday in Section 9.1 shall be donated back to the Ci ty to pay for the Association President’s Leave per Section 14.3.

City Council
11 –
40 4/7/2026

36 Effective January 1, 2025, employees shall receive one hundred and four (104) holiday hours each year (thirteen (13) eight (8) hour holidays). These amounts include the floating holiday on the list in Section 9.1. However, the floating holiday plus four (4) additional holiday hours (for a total of twelve (12) hours)
shall be donated back to the City to pay for
the Association President’s Leave per Section 14.3.

For each of the holidays, employees have the following two (2) options:

A. Option 1 - Employees can use their holiday hours (eighty-eight (88) hours in 2024, which is increased to ninety two (92) hours effective January 1, 2025) during the calendar year by scheduling it as time off. If this option is chosen, the following provisions apply:

1. The employee will not be cashed out for any of the eighty-eight (88) holiday hours which is increased to ninety-two (92) hours effective January 1, 2025 at the end of the year if any of the hours are not used.

2. If an employee leaves City employment during the year and has not used all of the holiday hours earned during the year at the date of separation the remaining holiday hours earned to date will be paid to the employee on their final check. T his pay will not be reported to CalPERS as Special Compensation.

3. If an employee leaves City employment during the year and has used more holiday hours in the calendar year than they have earned as of that date, they must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation.

4. Employees can use holiday leave 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) hour.

B. Option 2 – Employees may make an irrevocable election to receive holiday pay in lieu (paid at the regular rate of pay at straight time) of time off for the holiday. If this option is chosen, employees must submit their irrevocable election by December 15 of each calendar year to the Police Department Human Resources Division who will then forward it to City Payroll.

Employees will receive eight (8) hours and effective January 1, 2025, seven and two thirds (7.67) hours of holiday pay in lieu for each holiday. The employee will receive the pay on the payday following when each of the twelve (12) holidays occur. If this option is chosen, the parties agree that to the extent permitted by law, this holiday pay in lieu is special compensation and shall be reported to CalPERS pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay.

An employee who does not irrevocably elect O ption 2 by December 15 of the previous calendar year will receive holidays per Option 1.

City Council
11 –
41 4/7/2026

37 9.3 All employees 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. The employee will then be credited with all remaining holidays in the year occurring after the appointment.

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

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

City Council
11 –
42 4/7/2026

38 ARTICLE X

10.0 VACATION

10.1 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 will be used as a guide in the administration of the provisions of this Article.

10.2 Vacation.

A. Members shall accrue vacation with pay on a monthly basis as set forth in the following table.

Beginning
Years
Annual
Vacation
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's 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 entitled to use any vacation until they has 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.

City Council
11 –
43 4/7/2026

39 D. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service for vacation accrual purposes.

E. Computation of Vacation.

1. If a holiday listed in Article 9 occurs during an employee’s vacation, vacation hours will not be deducted. For employees who choose to earn holiday in lieu pay, they are already being paid for the holiday. If an employee qualifies for sick leave while o n vacation, the time will be deducted from sick leave, not vacation.

2. With the exception of military leave, a n employee who has a break in service of one (1) year or less will continue to accrue vacation per Section

10.2(A). If an employee has a break in service of one (1) year or more, they shall be considered a first year employee for purposes of accruing vacation.

F. Vacation Buy -Back. By December 15 of each year, employees may make an irrevocable election to cash out up to sixty (60) hours ( one hundred twenty (120) hours if they used eighty ( 80) hours in the calendar year they are making the election) of vacation which they can accrue per year which will be earned in the following calendar year at the employee’s base rate of pay. In the following year, the employee can receive the cash for the vacation they irrevocably elected to cash out in either two (2) separate increments of up to thirty (30) hours (sixty (60) hours if they if they used eighty ( 80) hours in the calendar year they are making t he election) hours or one (1) increment of up sixty (60) hours (one hundred twenty (120) hours if they if they used eighty ( 80) hours in the calendar year they are making the election) they can accrue in a year.

The employee would be paid one -half of wh at they irrevocably elect to cash out hours on both the second pay day in July and the first pay day in December or the employee can elect to be paid sixty (60) hours (one hundred twenty ( 120) hours if they if they used eighty (80) hours in the calendar year they are making the election) on the first pay day in December. However, if the employee’s vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employ ee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

City Council
11 –
44 4/7/2026

40 10.3 Limitation on Vacation.

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 four hundred ( 400) hours in any one (1) year.

10.4 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. A ny vacation not used beyond the maximum carryover amount from year to year will be paid off by the City at the end of the calendar year at the employee’s base rate of pay so that at the beginning of the following calendar year, the employee will have the maximum carryover amount of vacation in their vacation bank.

Completed Years Max Carryover
1 80
2 160
3 280
4 320
5 360
6 364
7 372
8 380
9 388
10 396
11 404
12 412
13 420
14 428
15 436
16 448
17 464
18 480
19 496
20 512
21 520
22 520
23 520
24 520
25 520

City Council
11 –
45 4/7/2026

41 10.5 Use of Accrued Vacation. Vacation, may be taken in increments as small as one-half (1/2) hour.

Each affected employee shall be afforded the opportunity to submit selection(s) for use of accrued vacation, and the Police Chief or their designee shall make every reasonable effort to accommodate the employee's preference(s). The time at which an employee shall take their vacation, shall be determined by the Police Chief, with due regard for the wishes of the employee and particular regard for the needs of the service.

City Council
11 –
46 4/7/2026

42 ARTICLE XI

11.0 OTHER LEAVES OF ABSENCE

11.1 Sick Leave.

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

B. Accrual. Each employee shall earn eight (8) hours of sick leave for each full calendar month of service in which they are employed by the City with full pay .

However, any absence on sick leav e 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 as aforesaid. Employees on leave of absence for service-connected illness or injury who are covered by the provisions of Labor Code Section 4850, shall continue to accumulate eight (8) hours of sick leave for each full calendar month of service for which they are employed by the City with full pay during said absence for service-connected illness or injury.

C. Authorized 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 Subsection J below.

2. For miscellaneous-member employees covered by this MOU, when such an employee's absence is caused by an industrial illness or injury, for which benefits are required to be provided under the State Workers' Compensation Insurance and Safety Act, the City shall pay one hundred percent (100%) of salary for the first three (3) days of such absence and sick leave shall not be debited.

D. Limit. The maximum total accumulation of sick leave shall be one thousand six hundred (1,600) hours. Sick leave usage of less than a full day shall be charged in minimum increments of one-half (1/2) hour.

For employees who are newly hired from outside the City into classifications represented by the Association following Council approval of this MOU:

1. Maximum accumulation of seven hundred (700) sick leave hours; and

2. Any annual accrual over the seven hundred (700) hours (up to ninety -six (96) hours) would be cashed out into an employee’s RHS during the first pay period in January of each year.

City Council
11 –
47 4/7/2026

43 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 indicates that the employee will 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 they have a certificate from their physicians 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. Extension by Use of Vacation. After an employee's sick leave has been exhausted, they may be granted permission to take any earned vacation they may have accrued.

G. Notice. The employee taking sick leave shall notify their immediate supervisor not less than one (1) hour prior to the time they are scheduled to report for duty. If after three (3) consecutive days of sick leave usage and if sick leave abuse is suspected based on articulable facts, an employee may be requir ed to produce a physician certificate verifying that the employee was sick.

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 for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

I. Excess Usage . If sick leave is used in excess of that due and available to an employee, such excess sick leave, will first be d educted from any available compensatory time off benefit; second, from any available vacation leave benefit; third, from any available holiday leave benefits; and finally, will be considered leave without pay.

J. Personal Necessity Leave (Family Sick Leave per Labor Code section 233). 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. This leave may be used to attend to an illness of a child, parent, spouse , registered domestic partner , grandchild, grandparent, parent in law , or sibling of the employee. It can also be used for a “designated person”. A “designated person” is a person identified by the employee at the time they request sick leave. An employee may designate one (1) person per twelve ( 12) month period. 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; and “parent” means a biological, foster, adoptive parent, a stepparent, or a legal guardian.

Up to three (3) days of this personal necessity leave may be used: (a) to attend to a serious accident to members of the employee’s immediate family; (b) childbirth; (c) to cope with imminent danger to the employee’s home or other valuable property; or (d) when the existence of external circumstances beyond the employee’s control make it impractical for them to report for duty. For the purposes

City Council
11 –
48 4/7/2026

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

K. Payment for Unused Sick Leave.

Definition. All employees hired or appointed into the barg aining unit on or prior to December 2 0, 2022 (as this section does not apply to employees hired or appointed into the bargaining unit after December 2 0, 2022) , except for those involved in disciplinary termination, shall be entitled to payment under the following provisions:

1. After ten (10) years of cumulative full -time service with the City, each qualified employee shall be entitled to payment for one -third (1/3) of the total sick leave benefit credited to their 457 account or cash upon the effective date of such termination, not to exceed a maximum limit of four hundred twenty-seven (427) hours, at the rate of pay in effect on the date of such termination.

a. At their option, an employee may convert the above lump sum payment option into the retiree health account fund, held by the SAPOA for the purposes of retiree health insurance or long term care insurance premiums to the extent necessary to provide the employee and their designated eligible dependents, if any, with benefits under the health insuranc e program maintained by the Association. For unused sick leave benefits had this option not been elected, not to exceed a maximum of six hundred forty (640) hours.

2. After fifteen (15) years of service, employees shall be entitled to one hundred percent (100%) of the amount of unused sick leave benefits credited to their 457 account or cash upon the effective date of separation, up to a maximum of one thousand six hundred (1,600) hours.

3. A lump sum payment s hall 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 t he time of their death, and at the rate of pay effective on the date of death.

4. Upon the death of any retired employee receiving a benefit under this provision, said benefit will continue to be provided through the Association on behalf of said retired employee to their beneficiary.

11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss of pay in case of death of a member of the employee's immediate family. For 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 to their specific workday schedule. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to:

City Council
11 –
49 4/7/2026

45 A. Any relative by blood or marriage who is a member of the employee's household;

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

C. A n employee (who has worked for the City for at least thirty (30) days) 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 this Section. 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 off that is otherwise available to the employee for this purpose. This leave must be used within three (3) months from the date of death of the family member.

11.3 Military Leave.

A. Proof of Orders and Reinstatements. An employee shall be granted military leave if they furnishes the Executive Director of Human Resources or designee satisfactory proof of their orders to report for duty. Upon return and upon showing proof of actual service pursuant to such orders, they will be reinstated as provided in Section 9-143 of the Santa Ana Municipal Code.

B. Temporary. Members of the reserve forces of the United States, or the National Guard, granted temporary military leave when ordered to duty, in accordance with the Military and Veterans Code and Section 9- 144 of the Santa Ana Municipal Code, will be granted leave with pay not to exceed thirty (30) working days in each calendar year after one (1) year's service with the City upon presenting satisfactory proof of orders to and from such temporary active duties.

11.4 Jury and Witness Leave . When an on-duty employee is called to serve as a juror or a non- party witness in any court action they shall be allowed leave for the time actually required for such service, without loss of pay. Each on-duty employee called for such service shall present to the Police Chief for examination the subpoena calling them to such service. Refer to Departmental Order 396 - Jury Duty for specifics.

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

11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without leave for five (5) consecutive working days shall be deemed a resignation from the service; provided, however, if upon return to duty the person so absenting themselves makes an explanation satisfactory to the Police Chief of the cause of their absence, the Police Chief may restore them to their position, with the City Manager's approval.

11.7 Authorized Absence Without Pay. Absence without pay not to exceed five (5) consecutive

City Council
11 –
50 4/7/2026

46 working days’ may be authorized by the Police Chief. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the department with the approval of the City Manager. Such absences may be authorized only if in the judgment of the Police Chief they serve the best interest of the City.

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

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

11.9 Administrative Leave . The City Manager is authorized to grant, at their discretion, administrative leave with or without pay (without pay if the employee requests) for permanent employees if, in their opinion, such a leave is in the interests of the City.

11.10 Industrial Leave.

A. Each "safety member" employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of an illness or injury covered by the State of California Workers' Compensation Insurance and Safety Act shall, in lieu of t emporary disability compensation payable under the aforementioned Act, continue to be paid their normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850.

B. 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 adjustment or to the accrual of vacation and seniority.

11.11 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 following Catastrophic Leave Donation Program applies:

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 holiday leave time 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 Police Chief or their designee as provided herein below. If all previous time

City Council
11 –
51 4/7/2026

47 donated has been exhausted, the recipient may request a new donation period be designated by the Police Chief or their designee as provided herein below.

3. All vacation, compensatory time or holiday leave time d onations must be made in two (2) hour increments. There is no limit on the amount of the donation that can be made.

4. Any authorization of donations not made in accordance with the procedures outlined in Section 11.11(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 Article XI, Sections

11.1(A) through 11.1(K) above.

B. Eligibility. Full-time employees shall be eligible for catastrophic leave donations if the following criteria are met:

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

2. The Police Chief 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 Police Chief 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, holiday or vacation time of the donation within the limitations of Section 11.11(A)(3);

c. The name, department, and employee number of the recipient;

City Council
11 –
52 4/7/2026

48 d. A statement indicating that the donor understands such donation of time is irrevocable.

3. At the close of the two (2) week donation period, the department shall verify that each donating employee has accrued vacation , holiday and/or comp 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 A, herein.

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

D. Upon the death of any active employee receiving a benefit under this provision, the City agrees to pay any unused Catastrophic Leave Donations remaining on the books to the surviving beneficiary.

E. For those current employees with unused catastrophic leave on the books, the City agrees to convert said unused catastrophic leave to sick leave for use in accordance with the provisions of Article XI, Sections 11.1(A) through 11.1(K) above.

11.12 Assignment Departmental Seniority

Employees who are authorized to be on an unpaid medical leave for twelve (12) weeks or less shall continue to accrue seniority related to their particular assignment, as it relates to the badge number list or for any other purpose concerning Police Department Operations for which seniority is considered. Once such leave of absence exceeds twelve (12) weeks, the employee will no longer accrue seniority (for all purposes, including, but not limited to their classification, assignment or rank). While such employee will not lose any of the seniority they have previously earned, by not continuing to accrue seniority at that point, others who previously were less senior may become more senior than such employee for seniority purposes in the Department.

City Council
11 –
53 4/7/2026

49 ARTICLE XII

12.0 EMPLOYEE INSURANCE

12.1 T he City will contribute toward the payment of premiums for health, dental, and long-term disability insurance plans administered by the Association for the benefit of the employees represented by the Association as follows:

A. Medical Insurance. T he City will contribute one thousand five hundred seventy- five dollars ( $1,575.00) per month to the Santa Ana Police Officers Association Medical Insurance Trust Fund for each affected employee enrolled in medical insurance plans provided by the Association for its bargaining unit members and their eligible dependents. Any contributions necessary to maintain benefits under the plans in excess of the aforementioned amount per month shall be borne entirely by the Association and/or the enrollee. Members of the bargaining unit who are not Association members and therefore not eligible to purchase insurance through the Trust will receive from the City up to one thousand five hundred seventy-five dollars ($1,575.00) per month to be used only for the purchase of medical insurance for themselves and eligible dependents.

The Association will provide the City with proof that each of the employees in the Association who have enrolled in insurance are receiving insuranc e. The Association will also provide the City (once each quarter) with a list of the group insurance plan and rates for medical, dental and Long Term Disability.

The Association shall provide and administer health benefit plans for employees in accordance with the terms and conditions of the Health Plan Agreement attached as Exhibit C to this MOU.

The parties agree to reopen this 2024-2027 MOU to consider the City’s health insurance contribution after receiving the results of the 2024 Association Medic al Insurance Trust Fund audit.

B. Life Insurance. The City shall provide term life insurance coverage for each affected employee in the amount of thirty thousand dollars ($30,000), plus thirty thousand dollars ($30,000) accidental death and dismemberment (AD + D) coverage, subject to carrier contract, terms, and conditions.

12.2 Retiree Health Contribution.

All employees covered by this MOU will contribute two percent (2%) of their regular rate of pay through payroll deduction to a fund maintained by the Santa Ana Police Officers Association for the purpose of providing retiree health insurance premium reduction assistance.

On October 1 of each year, the City shall contribute an amount equal to two percent (2%) of each employee’s regular rate of pay of each active employee who is covered by this MOU as of October 1 of each year to a fund maintained by the Santa Ana Police Officers

City Council
11 –
54 4/7/2026

50 Association for the purpose of providing retiree health insurance premium reduction assistance.

12.3 If an employee is on an unpaid leave of more than fifteen (15) calendar days in a calendar month the City will not contribute toward any insurance coverage for the following calendar month.

The Police Department will notify the Association of all employees on unpaid leave or who separate from City employment within three (3) working days. The City will continue the payment of contribution for insurance coverage until the end of the month in which the Association had received notice from the City of the employee's separat ion from employment.

City Council
11 –
55 4/7/2026

51 ARTICLE XIII

13.0 RETIREMENT

13.1 General. The City shall continue to make contributions to the California Public Employees' Retirement System (CalPERS) in accordance with its contract with CalPERS for employees covered by said contract as amended.

13.2 Deferred Retirement. The City shall continue to make payment to CalPERS on behalf of each employee covered by this MOU in accordance with the following schedule:

A. For Safety employees covered by this MOU who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA), the City shall pay the nine percent (9%) member contribution and report it to CalPERS as compensation earnable.

B. For Miscellaneous employees covered by this MOU who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA) the City shall pay the eight percent (8%) member contribution and report it to CalPERS as compensation earnable.

Such payments shall be credited to the individual employee’s CalPERS account.

Such payments are not increases in base salary and no salary range applicable to any of the employees covered by this MOU shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus, will not withhold federal or state income tax from said payments as permitted by IRS Code section 414(h)(2).

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.

The parties agree that to the extent permitted by law the value of the Employer Paid Member Contribution is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1). This pay is only reportable to CalPERS as special compensation for those who qualify as classic members as described by the Public Employees’ Pension Reform Act of 2013 – PEPRA. This pay is not reportable as special compensation for employees defined as “new members” under PEPRA. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

13.3 CalPERS Fourth Level of 1959 Survivors Benefits. The City will provide CalPERS fourth level of 1959 Survivors Benefit to all eligible employees in the unit. Employees pay the employee contribution for this benefit.

13.4 CalPERS Pre-Retirement Optional Settlement 2 Death Benefit. The City shall provide the CalPERS Pre-Retirement Optional Settlement 2 Death Benefit to all employees covered by this MOU.

City Council
11 –
56 4/7/2026

52 13.5 Military Service Credit as Public Service . E mployees may elect (per Government Code 21024) to purchase up to four (4) years of service credit for any continuous active 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.

13.6 3% at 50 Service Retirement Benefit for Safety employees. The City contracts with CalPERS to provide Safety employees who do not qualify as “New Members” under PEPRA with the 3% at 50 Service Retirement benefit.

All Safety employees who do not qualify as “New Members” under PEPRA shall pay twelve percent (12%) compensation earnable to pay for the employer portion of the City’s CalPERS contribution. This payment shall be paid in accordance with Government Code Section 20516(f). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees’ base salary would be reduced by twelve percent (12%).

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

13.7 2.7% @ 57 Service Retirement Benefit f or “New Member” Safety employees. The City agrees to provide Safety employees who are defined as “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013 with the 2.7% @ 57 Service Retirement benefit.

Final compensation will be based on the highest annual average compensation earnable during the thirty-six (36) consecutive months immediately preceding the effective date of their retirement, or some other thirty-six (36) consecutive month period designated by the member.

Employees covered under the 2.7% @ 57 ret irement formula shall pay one -half of the normal cost rate as established each year by CalPERS.

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

13.8 2.7% at 55 Service Retirement Benefit for M iscellaneous employees. The City contracts with CalPERS to provide Miscellaneous employees who do not qualify as “New Members” under PEPRA with the 2.7% at 55 Service Retirement benefit.

The employee’s contribution rate for Miscellaneous employees who do not qualify as “New Members” under PEPRA is eight percent (8%) compensation earnable. All employee contributions for retirement benefits are paid to the employer portion of the City’s CalPERS contribution. This payment shall be paid in accordance with Government Code section 20516(f). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination

City Council
11 –
57 4/7/2026

53 of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees’ base salary would be reduced by eight percent (8%).

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

13.9 2% @ 62 Service Retirement Benefit for “New Member” Miscellaneous employees. The City agrees to provide Miscellaneous employees covered by this MOU who are defined as “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013 with the 2% @ 62 Service Retirement benefit

Final compensation will be based on the highest annual average compensation earnable during the thirty-six (36) consecutive months immediately preceding the effective date of their retirement, or some other thirty-six (36) consecutive month period designated by the member.

Employees covered under the 2% @ 62 retirement formula shall pay one half of the normal cost rate as established each year by CalPERS

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

13.10 Credit for Unused Sick Leave . All sworn and non- sworn employees can have unused accumulated sick leave at the time of retirement converted to additional service credit. The maximum total unused sick leave that can be converted shall be ten (10) eight (8) hour working days equal to eighty (80) hours. This section applies to members whose effective date of retirement is within four (4) months or one hundred twenty (120) days of separation from employment. (Government Code Section 20965). The City may amend it contract with CalPERS to eliminate this benefit for employees hired after the effective date of the contract amendment. Employees hired on or after a contract amendment between the City and CalPERS to eliminate this benefit shall not be eligible to convert unused sick leave to CalPERS for service credit.

13.11 Uniform Allowance. With respect to Safety and Miscellaneous employees who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act (PEPRA), the City shall report to CalPERS the monetary value of uniforms and uniform maintenance for those employees required to wear uniforms. The monetary value (as of the first date of the MOU) by classification is listed in Exhibit B, entitled “Uniform Allowance by Classification.” The monthly amounts listed in Exhibit B may be adjusted (either upward or downward) as the cost of the uniforms and/or their maintenance changes.

The value of the Uniform Allowance shall be determined by the City (based on the current cost of the uniforms and/or their maintenance at the time of the report to CalPERS) and will be reported to the California Public Employees’ Retireme nt System (CalPERS) for retirement purposes only.

Under CCR 571(a), Uniform allowance is defined as “Compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal

City Council
11 –
58 4/7/2026

54 attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests, pistols, bullets and safety shoes.

The parties agree that to the extent permitted by law, Uniform Allowance is special compensation and shall be reported pursuant to Title 2, CCR 571(a)(5) as Uniform Allowance. This is only reportable to CalPERS as special compensation for those who qualify as classic members as described by the Public Employees’ Pension Reform Act of 2013 – PEPRA. This pay is not reportable as special compensation for employees defined as “new members” under PEPRA. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

City Council
11 –
59 4/7/2026

55 ARTICLE XIV

14.0 ASSOCIATION LEAVE

14.1 The City agrees to grant full -time release from duty for the Association President subject to the following:

A. The Association President shall be:

1. Required to attend POST training and maintain qualifications (training, certifications, weapons, etc.) to work as a sworn peace officer;

2. Eligible to work overtime assignments with prior approval of the Chief of Police;

3. Required to report to duty in the e vent of a declared emergency as determined by the Chief of Police; and

4. Assigned to a 5/40 work schedule and shall report time off usage (vacation, sick, etc.) in accordance with City and department policies and procedures.

14.2 The City shall pay the As sociation President the percentage difference between what the Association President receives in base pay plus other forms of special compensation (with the exception of Employer Paid Member Contribution identified in Title 2 California Code of Regulations Section 571), and four and three-fourths percent (4.75%) over the top step pay of the next higher rank including base pay plus other forms of special compensation available to the next higher rank (with the exception of Employer Paid Member Contribution identified in Title 2 California Code of Regulations Section 571). During the time that an employee is the Association President, it is CalPERS’ determination as to whether any form of special compensation being paid to the POA President can be reported as compensation earnable or pensionable compensation. If CalPERS concludes that any form of special compensation cannot be reported as compensation earnable or pensionable compensation it will not be reported. If CalPERS concludes that any form of special compensation can be reported as compensation earnable or pensionable compensation it will be reported.

14.3 All employees shall donate the one (1) floating holiday (set forth in Section 9.1), and effective January 1, 2025, an additional four (4) holiday hours (for a total of twelve (12) hours) annually to pay for the Association President’s Leave. The floating holiday, which would otherwise accrue in January, will not accrue so that its value can be used throughout the calendar year to pay for the Association President’s Leave. Effective January 1, 2025, the additional four (4) hours of holiday pay will be reduced from each holiday so that per Section 9.2, employees shall accrue 7.67 hours (instead of eight (8) hours) of holiday pay or leave per holiday.

Per Section 9.3 of this MOU, newly appointed employees who become employees of the bargaining unit after January 1 must wait six (6) months to receive credit for the floating holiday. As such, for employees hired between January 1 and June 30 of each calendar

City Council
11 –
60 4/7/2026

56 year, their floating holiday will not accrue , but will be used by the City to pay for Association President’s Leave in the same calendar year six (6) months after being hired.

Employees hired on or after July 1 will not earn a floating holiday in the s ame calendar year. These employees will earn their floating holiday six (6) months after being hired. At that time, the floating holiday they would have otherwise accrued will not accrue, but rather be used by the City to pay for Association President’s Leave.

For the annual calculation described in Section 14.4, for employees hired between January 1 and June 30, the City will include the eight (8) hours of their holiday leave. For employees hired between July 1 and December 31, since they will not be earning a floating holiday in the year they are hired, the City will not use any hours in the same calendar year hired in calculating the annual value of the floating holiday leave from employees.

14.4 Accounting for Association Representative Leave.

A. At the end of each calendar year by January 31 of the following year, the City will provide the Association with an accounting of the value of the Association President’s Leave used in the prior calendar year. The purpose of this accounting will be to compare the value of the floating holiday leave (and effective January 1, 2025 the value of the floating holiday and four (4) additional hours - for a total of twelve (12) hours) that was not earned by the employees in the calendar year to the value of the Association President’s Leave used by the Association.

B. In conducting this accounting, the value of the floating holiday leave will be determined by the hourly total cost of each employee (base pay, any additional special pay additives and all employer benefits costs (including, but not limited to, health allowances and employer total cost of retirement – employer normal cost plus Employer Paid Member Contribution) who, in the calendar year, donated their eight (8) hour floating holiday (and effective January 1, 2025 the value of the floating holiday and four (4) additional hours - for a total of twelve (12) hours).

C. In determining the value of the Association President’s Leave, the City will take the total cost of the Association President (base pay, any additional special pay additives and all employer benefit costs, including, but not limited to, health allowances and employer cost of retirement – employer normal cost plus Employer Paid Member Contribution) and divide it by two thousand eighty (2,080) hours.

That will determine the hourly value of total cost of the Association President’s Leave. The City will then review the number of hours of Association President’s Leave used and determine the cost of the leave hours used by multiplying the number of leave hours by the hourly value of total cost the Association President.

In evaluating the total cost of the Association President, it shall include the cost of all wages and benefits including, but not limited to, health and retirement benefits.

D. If the value of the floating holiday leave (and effective January 1, 2025 the value of the floating holiday and four (4) additional hours - for a total of twelve (12) hours)) that was donated exceeds the value of the Association Presiden t’s Leave, the City will issue a check to the Association for the difference in value, which will be used for the Association’s general fund. The Association may instead elect to

City Council
11 –
61 4/7/2026

57 convert the difference in value (up to one thousand (1,000) hours) to be used as Association Leave in that fiscal year, as long as the City captures the cost of the person using the leave as well as the cost of any other person who is working as a result of the person using the leave. Such non-cumulative Association Leave would be in addition to the Association Leave provided for in Section 14.6. The terms in Section 14.6 would apply to Association Leave provided in this section. Similarly, if the value of the floating holiday leave (and effective January 1, 2025 the value of the floating holiday and four (4) additional hours - for a total of twelve (12) hours)) that was donated is less than the value of the Association President’s Leave, the Association will issue a check to the City for the difference in value. This provision will ensure that employees represented by the Association will pay for the precise cost of the Association President’s Leave used in the calendar year.

14.5 The Police Chief shall allow on-duty time, up to three (3) days for five (5) board members, once per year, to attend the Peace Officers’ Memorial. The Police Chief shall allow on - duty time, up to four (4) days for five (5) board members, once per year, to attend the Fraternal Order of Police (“FOP”) training. The Association will pay for all costs for th e board members ’ attendance at said events, including per diem, travel, hotel, etc. If the Memorial or FOP falls on a board member’s normal day off, they will not receive on-duty pay for attendance.

14.6 The City agrees to grant up to a total of one hundred ninety (190) hours per fiscal year on a non- cumulative basis to enable Association members, officers, worksite leaders/stewards, to conduct union business and assist other bargaining unit employees in processing grievances under the Grievance Review Pro cedure; provided, however, that such Association members, officers, worksite leaders/stewards , and aggrieved employees shall make advance arrangement with their supervisors prior to absenting themselves for such purpose. The officers, worksite leaders/stew ards, and aggrieved employees 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.

City Council
11 –
62 4/7/2026

58 ARTICLE XV

15.0 RESIDENCY

15.1 At the discretion of the Police Chief, selected special duty assignments may be designated as rapid response assignments. In those instances, the Police Chief may apply specific requirements upon members assigned to those positions to live within a certain distance of City Hall.

City Council
11 –
63 4/7/2026

59 ARTICLE XVI

16.0 DISCIPLINE

16.1 Pre-Disciplinary Procedure

If an employee is to be suspended without pay, receive a reduction in pay, transferred for purposes of discipline, demoted, or discharged, the employee shall:

A. 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.

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

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

D. Be given the written decision of the Chief of Police or designee prior to the effective date of the disciplinary action.

16.2 Disciplinary Appeals Procedure

The following appeals procedures are adopted by the parties pursuant to Government Code section 3304.5 of the Public Safety Officers’ Procedural Bill of Rights Act.

A. Punitive Action - The term “punitive action” means any action defined by Government Code section 3303, i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”

B. Formal Appeals Procedures – For Punitive Action not Covered by the Informal Hearing Process

1. Filing an appeal: If an employee desires to appeal a disciplinary action not covered by the informal process, they (or their representative) shall submit a written notice of appeal to the Executive Director of Human Resources or designee. A representative of the City shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to determine whether the parties can agree on an arbitrator to hear the appeal. If the parties cannot reach agreement on an arbitrator, the Executive Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators.

Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall

City Council
11 –
64 4/7/2026

60 strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.

2. Hearing process: During the hearing, the formal rules of evidence do not apply.

The cost of the l ist of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly (50% and 50%) between the City and the Association. Once the arbitrator issues their advisory recommendation, the Executive Director of Human Resources or designee will submit the advisory recommendation to the City Manager.

a. The Arbitrator’s Recommendation: The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing.

3. The City Manager’s Role: Within t hirty-five (35) calendar days of receipt of the advisory arbitrator’s recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof.

In no case, however, may the City Manager increase the penalty above that imposed by the Chief of Police. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's advisory recommendation and the evidence, both documentary and testimonial, and arguments presented during the advisory arbitration.

4. Right to File in Court: The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.6 that provides a ninety (90) day statute of limitations.

16.3 Informal Appeals Procedures

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

A. Appeal to the Chief of Police

1. The appeal is an opportunity for the employee to present information and arguments why a punitive action should not occur or offer alternatives to the action.

2. Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the written reprimand, the employee 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 sha ll contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to schedule the appeal.

City Council
11 –
65 4/7/2026

61 3. Hearing Officer: The Chief of Police shall act as the hearing officer. The meeting shall take place within twenty-one (21) calendar days of 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. The decision shall advise the employee that the time within which judicial review of the decision may be sought as governed by Code of Civil Procedure § 1094.6.

16.4 The appeal of performance evaluations shall be subject to a one (1) step appeal to the Chief of Police or City Manager or designee (depending on who made the decision) as determined by the Executive Director of Human Resources or designee. Such requests for appeal shall be submitted in writing to the Executive Director of Human Resources or designee within ten (10) calendar days from the date the employee received the performance evaluation. The Chief of Police or City Manager or designee shall meet with the employee within ten (10) calendar days after submissi on of the appeal. The Chief of Police or City Manager or designee shall deliver the written response to the employee within ten (10) calendar days after meeting with the employee. The decision of the Chief of Police or City Manager or designee shall be final and binding.

16.5 Employees may be represented by up to two (2) representatives of their choice when entitled to a representative by law (for example, one (1) attorney and one (1) Association representative, or two (2) Association representatives).

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

City Council
11 –
66 4/7/2026

62 ARTICLE XVII

17.0 GRIEVANCE REVIEW PROCEDURE

17.1 Definition of Grievance . A grievance shall be defined as a timely complaint by an employee, a group of employees or the Association concerning the interpretation or application of specific provisions of this MOU, or of the rules and regulations governing personnel practices or working conditions of the City; except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by provisions of the City Charter and the Civil Service Rules and Regulations.

No employee shall suffer any reprisal for filing or processing a grievance or participating in the Grievance Review Procedure.

17.2 Step 1.

A. An employee or the Association must first attempt to resolve the grievance 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. The parties can mutually agree to extend any deadlines in this section.

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. D. If the grievant is not satisfied with the response from the Executive Director of Human Resources or designee , the grievant, within ten (10) calendar days of receiving the response must submit the grievance in writing to Step 2 (advisory arbitration) by emailing the Executive Director of Human Resources or designee.

Should the grievant 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.

17.3 Step 2.

A. A representative of the City shall contact the grievant within ten (10) calendar days of receipt of the Step 2 grievance to determine whether the parties can agree on an arbitrator to hear it. If the parties cannot reach agreement on an arbitrator, the Executive Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. 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.

City Council
11 –
67 4/7/2026

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

The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly (50% and 50%) between the City and the Association. Once the arbitrator issues their advisory recommendation, the Executive Director of Human Resources or Designee will submit the advisory recommendation to the City Manager.

1. The Arbitrator’s Decision: The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing.

C. The City Manager’s Role: Within thirty -five (35) calendar days of receipt of the advisory arbitrator’s recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's ad visory recommendation and the evidence, both documentary and testimonial, and arguments presented at the advisory arbitration.

D. Right to File in Court: The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.6 that provides a ninety (90) day statute of limitations.

17.4 Alleged violations of City Rules, Regulations, and Policies

If an employee, group of employees or the 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. The parties may mutually agree to extend the timeline to file a grievance per this section.

Such a grievance should be filed with the Executive Director of Human Resources or designee. The grievant may request a meeting with either the Chief of Police or City Manager (depending on who made decision) . The decision of Chief of Police or City Manager’s shall be final.

City Council
11 –
68 4/7/2026

64 ARTICLE XVIII

18.0 DUES DEDUCTION AND INDEMNIFICATION

18.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, 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 the Association within thirty (30) days following their deduction.

18.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits instituted by a member or members of the Association arising out of the deductions or transmittal or such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article.

City Council
11 –
69 4/7/2026

65 ARTICLE XIX

19.0 CITY RIGHTS

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

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

D. To determine methods of financing.

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

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

G. 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.

H. 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.

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

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

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

L. To determine job classifications and to reclassify employees as well as to determine minimum qualifications for entry level classifications.

City Council
11 –
70 4/7/2026

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

N. To determine policies, procedures, and standards for selection, training, and promotion of employees.

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

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

Q. 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.

R. To take any and all necessary action to carry out the mission of the City.

19.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, t he City agrees to meet and confer in good faith with representatives of the Association 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 the MOU.

The City and Association agree that upon the expiration of this MOU and during the good faith negotiations for a subsequent contract, salary and benefits shall continue at the then current rate.

City Council
11 –
71 4/7/2026

67 ARTICLE XX

20.0 STRIKES AND WORK STOPPAGES

20.1 Prohibited Conduct.

A. The Association, its officers, agents, representatives, and/or members agree that during the term of this MOU, they will not cause or condone any unlawful strike, walkout, slowdown, sick -out or any other unlawful job action by withholding or refusing to perform services.

B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority.

C. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 20.2, Association Responsibility, the City may suspend any and all rights and privileges, accorded to the Association in this MOU, including but not limited to suspension of the Grievance Review Procedure and dues deduction.

20.2 Association Responsibility . In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 20.1(A) of this Article, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 20.1(A) , and return to work.

City Council
11 –
72 4/7/2026

68 ARTICLE XXI

21.0 LAYOFFS

21.1 All layoffs within the competitive service occasioned by abolishment of a position, the combination of duties of two (2) or more positions, or the reduction in numbers of employees in a given class, shall be governed by seniority in the class. Reemployment shall be in reverse order of layoff.

21.2 Any promotional probationary employee laid off under these procedures who held permanent status in a lower class shall retain seniority rights in the previously held classification provided that it is still listed in the City's current basic classification and compensation plan.

21.3 Any permanent, full -time employee laid off under the above provisions may reque st a demotion to a position in a lower class provided they meets reasonably related qualifications required for placement in the class and the position is vacant.

21.4 In lieu of layoff, an employee may elect to work in a lower level classification, in which they has served, providing that classification is within the same job family/career ladder.

In that event, the employee’s length of service in the next lower classification will be added to their length of service in the affected classification, and said 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.

21.5 For positions that were advertised in the Police Department as “open and promotional” or “promotional only” which are open to Police Department employees only, there will be created a “job ladder” such that those employees in positions to be e liminated through layoff shall be entitled to return to the POA job classification in the Police Department from which they promoted, “bumping” any employee in that job class with less cumulative years of service in that job class than the bumping employee had in that job class prior to promotion.

21.6 Notice of Service. On request, a laid off employee shall receive a statement certifying that their services have been satisfactory. Layoff shall not be used in lieu of a disciplinary dismissal.

City Council
11 –
73 4/7/2026

69 ARTICLE XXII

22.0 SOLE AND ENTIRE AGREEMENT

22.1 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 and written, expressed 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.

22.2 The City will continue to administer its employee relations and its personnel policies and procedures in accordance with duly -adopted ordinances and resolutions, and the affected employees will continue to be governed thereby during the term of this MOU.

City Council
11 –
74 4/7/2026

70 ARTICLE XXIII

23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU

23.1 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, unless required by specific provisions of this MOU, 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.

City Council
11 –
75 4/7/2026

71 ARTICLE XXIV

24.0 SEPARABILITY PROVISION

24.1 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 discuss the impact of the invalidation.

City Council
11 –
76 4/7/2026

72 ARTICLE XXV

25.0 TERM OF MOU

25.1 The term of this MOU shall be from January 1, 2024 through June 30, 2027.

City Council
11 –
77 4/7/2026

City Council
11 –
78 4/7/2026

City Council
11 –
79 4/7/2026

75 EXHIBIT A

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JANUARY 1, 2024 TO JULY 13, 2024

SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 8,153 8,560 8,989 9,439 9,911
Police Sergeant 03300 10,059 10,562 11,090 11,644 12,227

NON-SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 5,765 6,053 6,357 6,674 7,008 Animal Service Officer II 03930 6,674 7,008 7,359 7,726 8,112 Background Investigator 06170 6,203 6,514 6,838 7,180 7,540 Communications Services Officer 07660 5,627 5,908 6,203 6,514 6,838 Correctional Officer 00310 6,203 6,514 6,838 7,180 7,540 Correctional Supervisor 00370 7,880 8,274 8,688 9,123 9,579 Crime Research Aide 03995 6,546 6,872 7,215 7,576 7,956 Crime Research Analyst 03990 7,431 7,803 8,194 8,603 9,033 Emergency Operations Coordinator 02705 8,688 9,123 9,579 10,059 10,562 Firearms Examiner 07600 8,153 8,560 8,989 9,439 9,911
Forensic Services Supervisor 01360 9,485 9,960 10,458 10,981 11,530 Forensic Specialist I 03970 6,546 6,872 7,215 7,576 7,956 Forensic Specialist II 03980 7,180 7,540 7,918 8,314 8,730 Parking Control Officer 03900 4,857 5,103 5,359 5,627 5,908 Police Athletic / Activities League
Assistant Director
03600 5,599 5,879 6,173 6,482 6,805
Police Communications Supervisor 06180 7,726 8,112 8,518 8,945 9,393 Police Community Services
Specialist
00780 6,203 6,514 6,838 7,180 7,540
Police Evidence and Supply
Specialist
00799 5,709 5,995 6,295 6,610 6,940
Police Evidence and Supply
Supervisor
00801 6,295 6,610 6,940 7,287 7,650
Police Investigative Specialist 00790 6,203 6,514 6,838 7,180 7,540 Police Photo / Video Specialist 01100 6,053 6,357 6,674 7,008 7,359 Police Property and Evidence
Supervisor
00800 6,295 6,610 6,940 7,287 7,650
Police Recruit 03870 6,482 6,805 7,145 7,504 7,880
Police Service Officer 03800 5,627 5,908 6,203 6,514 6,838 Police Services Dispatcher 03680 6,357 6,674 7,008 7,359 7,726 Rangemaster 03820 5,627 5,908 6,203 6,514 6,838
Senior Parking Control Officer 01270 5,359 5,627 5,908 6,203 6,514 Traffic Services Specialist 00860 6,203 6,514 6,838 7,180 7,540

City Council
11 –
80 4/7/2026

76 MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024 TO JULY 12, 2025

SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 8,479 8,902 9,349 9,817 10,307
Police Sergeant 03300 10,461 10,984 11,534 12,110 12,716

NON-SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 5,996 6,295 6,611 6,941 7,288 Animal Service Officer II 03930 6,941 7,288 7,653 8,035 8,436 Background Investigator 06170 6,451 6,775 7,112 7,467 7,842 Communications Services Officer 07660 5,852 6,144 6,451 6,775 7,112 Correctional Officer 00310 6,451 6,775 7,112 7,467 7,842 Correctional Supervisor 00370 8,195 8,605 9,036 9,488 9,962 Crime Research Aide 03995 6,808 7,147 7,504 7,879 8,274 Crime Research Analyst 03990 7,728 8,115 8,522 8,947 9,394 Emergency Operations Coordinator 02705 9,036 9,488 9,962 10,461 10,984 Firearms Examiner 07600 8,479 8,902 9,349 9,817 10,307
Forensic Services Supervisor 01360 9,864 10,358 10,876 11,420 11,991 Forensic Specialist I 03970 6,808 7,147 7,504 7,879 8,274 Forensic Specialist II 03980 7,467 7,842 8,235 8,647 9,079 Parking Control Officer 03900 5,051 5,307 5,573 5,852 6,144 Police Athletic / Activities League
Assistant Director
03600 5,823 6,114 6,420 6,741 7,077
Police Communications Supervisor 06180 8,035 8,436 8,859 9,303 9,769 Police Community Services
Specialist
00780 6,451 6,775 7,112 7,467 7,842
Police Evidence and Supply
Specialist
00799 5,937 6,235 6,547 6,874 7,218
Police Evidence and Supply
Supervisor
00801 6,547 6,874 7,218 7,578 7,956
Police Investigative Specialist 00790 6,451 6,775 7,112 7,467 7,842 Police Photo / Video Specialist 01100 6,295 6,611 6,941 7,288 7,653 Police Property and Evidence
Supervisor
00800 6,547 6,874 7,218 7,578 7,956
Police Recruit 03870 6,741 7,077 7,431 7,804 8,195
Police Service Officer 03800 5,852 6,144 6,451 6,775 7,112 Police Services Dispatcher 03680 6,611 6,941 7,288 7,653 8,035 Rangemaster 03820 5,852 6,144 6,451 6,775 7,112
Senior Parking Control Officer 01270 5,573 5,852 6,144 6,451 6,775 Traffic Services Specialist 00860 6,451 6,775 7,112 7,467 7,842

City Council
11 –
81 4/7/2026

77 MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 13, 2025 TO JULY 11, 2026

SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 8,818 9,258 9,723 10,210 10,719
Police Sergeant 03300 10,879 11,423 11,995 12,594 13,225

NON-SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 6,236 6,547 6,875 7,219 7,580 Animal Service Officer II 03930 7,219 7,580 7,959 8,356 8,773 Background Investigator 06170 6,709 7,046 7,396 7,766 8,156 Communications Services Officer 07660 6,086 6,390 6,709 7,046 7,396 Correctional Officer 00310 6,709 7,046 7,396 7,766 8,156 Correctional Supervisor 00370 8,523 8,949 9,397 9,868 10,360 Crime Research Aide 03995 7,080 7,433 7,804 8,194 8,605 Crime Research Analyst 03990 8,037 8,440 8,863 9,305 9,770 Emergency Operations Coordinator 02705 9,397 9,868 10,360 10,879 11,423 Firearms Examiner 07600 8,818 9,258 9,723 10,210 10,719 Forensic Services Supervisor 01360 10,259 10,772 11,311 11,877 12,471 Forensic Specialist I 03970 7,080 7,433 7,804 8,194 8,605 Forensic Specialist II 03980 7,766 8,156 8,564 8,993 9,442 Parking Control Officer 03900 5,253 5,519 5,796 6,086 6,390 Police Athletic / Activities League
Assistant Director
03600 6,056 6,359 6,677 7,011 7,360
Police Communications Supervisor 06180 8,356 8,773 9,213 9,675 10,160 Police Community Services
Specialist
00780 6,709 7,046 7,396 7,766 8,156
Police Evidence and Supply
Specialist
00799 6,174 6,484 6,809 7,149 7,507
Police Evidence and Supply
Supervisor
00801 6,809 7,149 7,507 7,881 8,274
Police Investigative Specialist 00790 6,709 7,046 7,396 7,766 8,156 Police Photo / Video Specialist 01100 6,547 6,875 7,219 7,580 7,959 Police Property and Evidence
Supervisor
00800 6,809 7,149 7,507 7,881 8,274
Police Recruit 03870 7,011 7,360 7,728 8,116 8,523
Police Service Officer 03800 6,086 6,390 6,709 7,046 7,396 Police Services Dispatcher 03680 6,875 7,219 7,580 7,959 8,356 Rangemaster 03820 6,086 6,390 6,709 7,046 7,396
Senior Parking Control Officer 01270 5,796 6,086 6,390 6,709 7,046 Traffic Services Specialist 00860 6,709 7,046 7,396 7,766 8,156

City Council
11 –
82 4/7/2026

78 MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 12, 2026

SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 9,171 9,628 10,112 10,618 11,148
Police Sergeant 03300 11,314 11,880 12,475 13,098 13,754

NON-SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 6,485 6,809 7,150 7,508 7,883 Animal Service Officer II 03930 7,508 7,883 8,277 8,690 9,124 Background Investigator 06170 6,977 7,328 7,692 8,077 8,482 Communications Services Officer 07660 6,329 6,646 6,977 7,328 7,692 Correctional Officer 00310 6,977 7,328 7,692 8,077 8,482 Correctional Supervisor 00370 8,864 9,307 9,773 10,263 10,774 Crime Research Aide 03995 7,363 7,730 8,116 8,522 8,949 Crime Research Analyst 03990 8,358 8,778 9,218 9,677 10,161 Emergency Operations Coordinator 02705 9,773 10,263 10,774 11,314 11,880 Firearms Examiner 07600 9,171 9,628 10,112 10,618 11,148 Forensic Services Supervisor 01360 10,669 11,203 11,763 12,352 12,970 Forensic Specialist I 03970 7,363 7,730 8,116 8,522 8,949 Forensic Specialist II 03980 8,077 8,482 8,907 9,353 9,820 Parking Control Officer 03900 5,463 5,740 6,028 6,329 6,646 Police Athletic / Activities League
Assistant Director
03600 6,298 6,613 6,944 7,291 7,654
Police Communications Supervisor 06180 8,690 9,124 9,582 10,062 10,566 Police Community Services
Specialist
00780 6,977 7,328 7,692 8,077 8,482
Police Evidence and Supply
Specialist
00799 6,421 6,743 7,081 7,435 7,807
Police Evidence and Supply
Supervisor
00801 7,081 7,435 7,807 8,196 8,605
Police Investigative Specialist 00790 6,977 7,328 7,692 8,077 8,482 Police Photo / Video Specialist 01100 6,809 7,150 7,508 7,883 8,277 Police Property and Evidence
Supervisor
00800 7,081 7,435 7,807 8,196 8,605
Police Recruit 03870 7,291 7,654 8,037 8,441 8,864
Police Service Officer 03800 6,329 6,646 6,977 7,328 7,692 Police Services Dispatcher 03680 7,150 7,508 7,883 8,277 8,690 Rangemaster 03820 6,329 6,646 6,977 7,328 7,692
Senior Parking Control Officer 01270 6,028 6,329 6,646 6,977 7,328 Traffic Services Specialist 00860 6,977 7,328 7,692 8,077 8,482

City Council
11 –
83 4/7/2026

79 EXHIBIT B

MONTHLY UNIFORM ALLOWANCE BY CLASSIFICATION

Job Title Rounded to .10
POA-NS Animal Services Officer I $ 27.50 POA-NS Animal Services Officer II $ 27.50 POA-NS Communications Services Officer $ 28.40 POA-NS Correctional Officer I $ 27.50 POA-NS Correctional Officer II $ 27.50 POA-NS Correctional Supervisor $ 27.50 POA-NS Forensic Specialist I $ 27.50 POA-NS Forensic Specialist II $ 27.50 POA-NS Forensic Specialist Supervisor $ 27.50 POA-NS Parking Control Officer $ 27.50 POA-NS Police Communications Supervisor $ 27.50 POA-NS Police Community Services Specialist $ 27.50 POA-NS Police Evidence & Supply Specialist $ 27.50 POA-NS Police Evidence & Supply Supervisor $ 27.50 POA-NS Police Investigative Specialist $ 27.50 POA-SWORN Police Officer $ 27.50 POA-SWORN Police Officer (with Motor Officer Premium) $ 38.60 POA-NS Police Property & Evidence Supervisor $ 28.40 POA-NS Police Recruit $ 27.50
POA-SWORN Police Sergeant $ 27.50 POA-SWORN Police Sergeant (with Motor Officer Premium) $ 38.60 POA-NS Police Service Officer $ 27.50 POA-NS Police Services Dispatcher $ 28.40 POA-NS Senior Parking Control Officer $ 27.50 POA-NS Traffic Services Specialist $ 27.50

City Council
11 –
84 4/7/2026

80 EXHIBIT C

HEALTH PLAN AGREEMENT
by and between
The City of Santa Ana
and
The Santa Ana Police Officers Association

IN CONSIDERATION OF the mutual covenants, promises, and conditions set forth herein below and pursuant to Article XII of the Parties’ 2024- 2027 Memorandum of Understanding (“MOU”), the City of Santa Ana (“City”) and Santa Ana Police Officers Association (“Association”) agree as follows:

1. The term of this Agreement shall begin on January 1, 2024.

2. Employees’ required contributions towards health plan premiums shall be determined by the Association. To the extent that the Affordable Care Act (“ACA”) is still the law, such employee contribution must fall below such threshold in order to meet the ACA’s affordability threshold under the Federal Poverty Line Safe Harbor. This means that the employee’s required contribution toward premiums for the lowest cost plan that offers minimum essential coverage shall not exceed nine and twelve hundredths percent (8.39%) (or the applicable percentage set by the ACA for the year) of the monthly Federal Poverty Line for a single individual that is in effect during the six (6) months prior to the start of the plan year (For example, in 2024, the monthly Federal Poverty Line for a single individual is one thousand two hundred fourteen dollars and ninety cents ($1,214.90); eight and thirty-nine one hundredths percent (8.39%) of one thousand two hundred and fourteen dollars and ninety cents ($1,214.90) is one hundred and one dollars and ninety-three cents ($101.93). This means that an employee’s required contribution toward the lowest cost plan for 2024 must not exceed one hundred and one dollars and ninety -three cents ($101.93). For employees who are on approved Family Leave pursuant to applicable law, the Association shall continue to pay health insurance premiums to the same extent the City would be required under applicable law or as long as the employee is considered full- time for Internal Revenue Service’s (“IRS”) ACA reporting by the City.

3. The City shall contribute to the Association medical insurance trust fund the following amounts for provision and administration of health and related benefits:

The City shall contribute toward health benefits (including medical, dental, and long-term disability insurance benefits) one thousand five hundred seventy-five dollars ($1,575) per month for each actively employed enrollee member of the bargaining unit. a. Employees are not entitled to cash out any of the one thousand five hundred seventy-five dollars ($1,575) per month.

b. The Association shall ensure that for purposes of the ACA’s affordability determination, the portion of the one thousand five hundred seventy -five dollars ($1,575) that makes the lowest cost plan affordable under the Federal Poverty Line

City Council
11 –
85 4/7/2026

81 Safe Harbor is applied only to health premiums and cannot be applied to other insurance.

4. The Association shall maintain a medical insurance trust fund for the sole purpose of providing and administering health/dental/long -term disability benefit plans, which may include medical prescriptions, vision care, and/or long-term disability insurance, (“Health Benefit Plans”), for employees in the bargaining unit. Said medical insurance trust fund shall be administered by medical insurance trustee(s) designated by Association. Funds in said medical insurance trust shall not be co -mingled with other Association funds. It is intended that the administration of the Health Benefit Plans by the trust fund sha ll not survive the expiration of this Agreement without mutual written consent of the Parties.

5. Beginning with the calendar year ending December 31, 2023 and every year thereafter, the City shall reduce future monthly contributions towards health benefits for any excess fund balance being held in the Trust as of December 31. “Excess fund balance” shall be defined as any amount that exceeds four (4) times the total insurance premiums minus the employee's share of the premium contribution paid for the month of December for the year just ended. The amount of the “excess fund balance” shall be determined following completion of an annual audit conducted by auditors that are agreed to by the City and the Association of the Association Medical Insurance Trust. Once the “excess fund balance” is determined for the prior calendar year, the City shall reduce its monthly contribution for the next six (6) months by one -sixth (1/6) of the “excess fund balance”. The application of these reductions for “excess fund balance” will begin to occur thirty (30) days after completion of the final audit report (e.g., if the determination of the “excess fund balance” occurs in February, then starting in March).

6. Health Benefit Plans provided through the medical insurance trust fund sha ll be made available by the Association to all employees in the bargaining unit. Employees must sign a written authorization for deductions. Annual predetermined rate increases shall be automatically adjusted with the approval of the Association, without a requirement for new payroll deduction forms.

7. The level of benefits for each type of plan shall be substantially similar to those provided to employees not represented by the Association under the Public Employees’ Medical & Hospital Care Act (“PEMHCA”) th at governs the California Public Employees’ Retirement System (“CalPERS”) Health Insurance programs during the twelve (12) month period immediately preceding this Agreement.

8. Health Benefit Plans must receive prior approval from the Executive Director of Human Resources or designee whose approval shall not be unreasonably withheld. Group policies must be designated as such in the California Insurance Code and issuance must be lawful in this state. The Association shall offer health plans that constitute minimum essential coverage and provide minimum value under the ACA’s employer shared responsibility provisions. The Association shall not offer reimbursement of premiums for health coverage obtained through Covered California, as this constitutes an impermi ssible employer payment plan under the ACA.

City Council
11 –
86 4/7/2026

82 9. All costs of providing and administering the Health Benefit Plans shall be the sole responsibility of the Association. The City shall not be responsible for any cost of providing or administering said plans in excess of the amounts specified in this Agreement. The use of City contributions to cover the administrative costs of the program shall not exceed fifty thousand dollars ($50,000) during calendar year 2023. Each calendar year thereafter, the maximum amount of administrative costs funded using City contributions will be adjusted by the annual percentage change in the Medical Care Services Consumer Price Index (“CPI”) for all urban consumers as of November for the preceding year (i.e., the 2024 administrative fee will be adjusted by the annual change in CPI between November 2022 and November 2023). Administrative costs are defined as costs incurred as a result of administering said plans exclusive of premium payments. The City shall continue to take deductions f rom employees’ pre -taxed earnings in accordance with Article XII of the parties’ 2024-2027 Memorandum of Understanding.

10. The Association will be responsible for ensuring that best investment practices shall be used in accordance with applicable laws and regulations when investing the Trust’s funds.

11. The Association will be responsible for all accounting practices relating to the disbursement of all trust funds. Accounting practices will be in accordance with industry standards.

12. Upon completion of the annual audit, the Association shall provide the City with a copy of the annual audit within thirty (30) days of the report’s issuance. The annual audit report shall include actual cost of Health Benefit Plan premiums, total amount of contributed funds spent on all plans, and details of how all remaining contributed funds are spent or administered. As used in this Agreement, “remaining contributed funds” means any part of the City’s contribution that has not been spent on health benefit premiums. All books and records related to the administration and provision of such plans shall be available to audit and/or inspection by the City upon request and a thirty (30)-day notice.

13. All regular and probationary full -time employees in classifications represented by the Association and members of the Association shall be eligible and offered an opportunity to enroll in the Association plan options. No employee shall be eligible for City-provided Health Benefit Plans unless they are not a member of the Association.

14. The Association shall have an open enrollment at least once a year.

15. The waiting period for Health Benefit Plan coverage may not exceed sixty (60) days.

16. The Association may not terminate its Health Benefit Plans during the term of this Agreement. If the Association or health provider terminates Health Benefit Plan coverage, the City will terminate its contribution for the medical benefit trust fund thirty (30) days prior to plan termination unless the Association provides a suitable replacement plan approved by the Executive Director of Human Resources or designee whose approval shall not be unreasonably withheld.

17. Employees eligible for coverage under an Association plan as a result of change of City representation unit shall be enrolled without regard to pre-existing conditions of illness or

City Council
11 –
87 4/7/2026

83 injury for plan benefits for themselves and their enrolled dependents. Employees eligible for coverage under a City health plan as a result of change of City representation unit shall be enrolled without regard to pre -existing conditions of illness or injury for plan benefits for themselves and their enrolled dependents.

18. In the administration and provision of health care plans, the Association shall comply with COBRA, HIPAA, ACA, and all other applicable state and feder al laws and regulations to the same extent the City would be required to comply.

19. Association shall comply with all laws applicable to health and welfare benefit, and/or medical or similar benefit, trust funds and the administration and management thereof.

20. The Association shall take all steps necessary to ensure the confidentiality of Health Benefit Plan user information.

21. Except as provided below, plan eligibility shall terminate at the end of the calendar month in which any of the following occur:
a. Employee terminates. However, this will not interfere with a former employee’s right to continue insurance coverage at their option as provided for under law.

b. Change of bargaining unit.

c. Disenrollment of a dependent (for the dependent).

However, upon any of the above occurrences, if the employee would still be reported to the IRS as full-time under the ACA, then that employee’s Plan eligibility shall continue until the end of the stability period as reported by the City, or until coverage by the new City representation unit begins, whichever comes first.

22. The provisions of this Agreement shall not be subject to the grievance and arbitration provisions of the Parties’ separate Memorandum of Understanding.

23. The Association shall defend, indemnify and hold the City harmless from any claims or legal action arising out of, or in any way related to, Health Benefit Plans administered and/or provided pursuant to this Agreement, including any IRS penalties assessed as a result of the ACA’s employer shared responsibility provisions. This obligation shall not arise with respect to any claim or legal action brought by Association or employees concerning coverage overlap between the respective City and Association plans.

24. This Agreement is the entire, integrated agreement with r espect to the subject matter hereof, and supersedes all prior and contemporaneous oral and written agreements and discussions. The Parties also agree that no modification of this Agreement shall be valid unless it is in writing and signed by all of the Parties to this Agreement.

25. This Agreement shall not be construed in favor or against any party, regardless of which party drafted or participated in the drafting of its terms.

City Council
11 –
88 4/7/2026

84 26. The parties agree to reopen negotiations if any of the following occurs:
a. If changes to the ACA occur which modify this Agreement, including additions or potential repeal;

b. If there are other legislative changes that modify this Agreement.

City Council
11 –
89 4/7/2026

Information Technology
www.santa-ana.org/IT
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 7, 2026
TOPIC: Website ADA Access Software Subscription

AGENDA TITLE
Agreement with CivicPlus, LLC for DocAccess Software Subscription (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with CivicPlus, LLC for a DocAccess software license subscription for a one-year term, beginning April 7, 2026 through April 6, 2027, in an amount of $49,618, with two (2) optional one (1) year extensions for a total not to exceed amount of $169,621. (Agreement No. A-2026-XXX) GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On April 24, 2024, the U.S. Department of Justice (DOJ) published a final rule updating regulations under Title II of the Americans with Disabilities Act (ADA) to establish specific requirements for the accessibility of web content and mobile applications provided by state and local government entities. The rule is intended to ensure that individuals with disabilities have equal access to digital services, programs, and activities offered by public agencies.

The final rule adopts the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA, as the technical standard for compliance. WCAG 2.1 Level AA is a globally recognized set of accessibility criteria that addresses a wide range of disabilities, including visual, auditory, cognitive, and motor impairments. These standards require that digital content be perceivable, operable, understandable, and robust. Examples of compliant practices include providing text alternatives for images, ensuring sufficient color contrast, enabling full keyboard navigation, offering captions for multimedia content, and maintaining consistent and predictable website functionality. Under the rule, local governments with populations of 50,000 or more, which includes the City of Santa Ana, are required to comply with these accessibility standards by April 24, 2026.

City Council
12 –
1 4/7/2026

Website ADA Access Software Subscription
April 7, 2026