Agenda packet, regular meeting — Santa Paula City Council, June 21, 2023 (part 4 of 6)

EXHIBIT B

AD HOC SERVICES AND OTHER BILLING INFORMATION
The following rates schedule applies to our work that is outside the fixed scope of services noted in Exhibit A:

If there comes the need for any additional ad hoc services, Tripepi Smith is ready to provide those services and is providing our hourly rates for the full array of our resources to support City communication efforts.

Hourly - Ad Hoc* Hourly - Retainer
Principal $350 $295
Director $240 $215
Art Director $240 $215
Senior Business Analyst $190 $165
Business Analyst $130 $110
Junior Business Analyst $105 $90
Senior Videographer/Animator $190 $165
Senior Photographer $160 $135
Photographer/Videographer $120 $100
Senior Graphic Designer $175 $145
Graphic Designer $120 $100
Junior Graphic Designer $105 $90
Web Developer $195 $165
Drone Operator $195 $165
A/V Operator and Technician $105 $90
This contract assumes the use of the “Hourly - Ad Hoc” rates listed above for all work outside the scope of our retainer listed in Exhibit A. Should the City of Santa Paula’s retainer ever exceed $6,750 per month, it would then be eligible to access our reduced “Hourly - Retainer” rates for ad hoc work performed.

Time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, .75, 4 or 6.5 hours.

If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s Standard Rate. Travel costs will be reimbursed when agreed upon by the client. 686

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Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the regional Consumer Price Index (CPI)—whichever is higher—each year on the anniversary of the contract.

Other Fees
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during the course of our engagement that we want to tell you about.

Equipment Fees
Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply:

Half Day Full Day
Video Equipment $400 $600
Drone Equipment N/A $500
$600 for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting four (4) or more hours.
$400 for a half day of video equipment use. Half day is defined as anything up to four hours of video production. All such expenses will be authorized by the organization prior to fee being assessed.
$500/day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).

Printing & Advertising Fees
Client Pays Directly Client Reimburses TS
Print costs, digital promotion, media
placement No Fees 10%
Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Typical services include, but are not limited to:
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Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience.

Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees.

Media Placement: Tripepi Smith can help liaise on behalf of the organization for advertising space within various mediums, such as newspapers, magazine or websites.

Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses thirdparty resources to record voiceovers for videos, generate closed captions for videos, and for non-English language translations.
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To: Honorable Mayor and Members of the City Council
From: Monica Castillo, Interim City Attorney
Subject: UNION OIL BUILDING PROPERTY SUBLEASE WITH VENTURA

COUNTY FIRE PROTECTION DISTRICT
Date: June 21, 2023
Agenda Item: 10.R

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

1. Authorize the City Manager to execute the proposed sublease with the Ventura County Fire Protection District contingent on the approval of Union Oil Company of California.

Presented by: Monica Castillo, Interim City Attorney
BACKGROUND:

At a meeting held March 15, 2023, the Council authorized the City Attorney to prepare and the City Manager to sign a lease or similar agreement with the Ventura County Fire Protection District (District) for use of the parking lot portion ("Lot") of the property commonly known as the Union Oil Building located at 1001, 1003, and 1033 E. Main Street. The authorized use is for a temporary fire station that the District will operate while it builds a new District Fire Station No. 26 at its current site.

The Lot is subject to a lease entered in 1992 between the City and Union Oil Company of California (Union Oil) (also referred to as Chevron) that is set to expire June 30, 2023. Under the lease, the City is the tenant and Union Oil is the landlord. The lease requires the City to obtain Union Oil's consent to sublease the property to a subtenant, and as such requires Union Oil to approve the proposed sublease with the District.

It should be noted that a third amendment to the lease that would authorize the Lot's use as temporary fire station and extend the City's lease with Union Oil beyond June 30, 2023 is a separate item on tonight's agenda, and is required before the City can sublease the Lot to the District.

Though Union Oil, the City, and the District have been diligently pursuing a mutually satisfactory sublease, circumstances beyond the parties' control have delayed Union Oil's final approval of the agreement. As of the writing of this report, the City has not yet received Union Oil's approval of the proposed sublease with the District.

In order to prevent timing issues for VCFD, which desires to enter and pave the Lot in July 689
when Council is not in session, staff requests that City Council approve the draft sublease (Attachment A) contingent on Union Oil's approval its terms.

ANALYSIS:

As mentioned above, the terms of the proposed sublease with the District are not yet final.

However, if Union Oil were to consent to the sublease as drafted, the following key provisions would apply:

1. The sublease will terminate September 1, 2025 if the transfer agreement with Union Oil does not close by December 30, 2023.

2. Upon closing of the transfer agreement, the sublease will automatically terminate and convert to a lease.

3. The District will complete the following improvements at no expense to City:
a. Pave the Lot prior to occupancy
b. Erect a perimeter fence with rolling gate entrance
c. Install landscaping in front of the perimeter fence
d. Add more lighting for security

4. District may only use the Lot as a temporary fire station.

5. District must pay for water, sewer, gas, and trash services.

6. District must maintain the Lot in a good and safe condition and is responsible for maintenance costs.

7. Either party may terminate the sublease without cause with 90 days' prior written notice.

8. Upon termination, District must vacate the Lot and may not remove the improvements unless requested by City.

STRATEGIC PLAN:

This item is not a goal or objective in City Council's two-year Strategic Plan, however, it supports the goal of a Connected and Healthy Community by fostering regional partnerships that create a safe and healthy community to live, work and thrive.

FISCAL IMPACTS:

There are no fiscal impacts associated with this item.

OPTIONS:

As an alternative to Staff's recommendation, City Council may:

1. Decline to give conditional approval of the sublease and wait until Union Oil responds.

Doing so, however, will delay VCFD's ability to start paving the Oil Museum Building parking lot in July, resulting in more delay to a new Station 26.

2. Provide other direction to staff.

ATTACHMENTS:

ATTACHMENT A - DRAFT Fire District Sublease
ATTACHMENT B PARCEL INFORMATON.docx
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SUBLEASE AGREEMENT BETWEEN THE

CITY OF SANTA PAULA AND THE

VENTURA COUNTY FIRE PROTECTION DISTRICT
THIS SUBLEASE AGREEMENT (“Sublease”) is made and executed this ____ day of ________, 2023, between CITY OF SANTA PAULA, a municipal corporation and general law city (“Sublandlord”), and VENTURA COUNTY FIRE PROTECTION DISTRICT, a California special district (“Subtenant” and, together with Sublandlord, the “Parties,” or individually, a “Party”).

RECITALS:

This Sublease is made with reference to the following facts and objectives:

A. Sublandlord is the tenant under that certain lease agreement dated July 1, 1993, as amended by that certain First Amendment to Lease dated May 1, 2004, as amended by that certain Reinstatement of and Second Amendment to Lease dated February 26, 2009 (collectively, the “Master Lease,” attached hereto as Exhibit A and incorporated herein by this reference) with Union Oil Company of California, a California corporation (the “Primary Landlord” and, together with Sublandlord, the “Oil Museum Parties”).

B. Pursuant to the Master Lease, Sublandlord leased those certain premises more particularly described in the Master Lease located on real property commonly known as 1001, 1003, and 1033 East Main Street, Santa Paula, California (the “Premises”) improved with a two-story building (the “Main Building”), a cable tool drill rig building (the “Rig Building”), and a vacant lot of land used for parking (the “Parking Lot”).

C. The Master Lease was set to expire June 30, 2023, subject to one additional 15- year term extension at Tenant’s (as defined in the Master Lease) option. In lieu of a 15-year extension, the Primary Landlord has agreed to extend the Master Lease until the closing date as set forth in a future transfer agreement (the “Transfer Agreement”) between the Oil Museum Parties (the “Closing Date”) but in no event beyond September 1, 2025 if a closing under the Transfer Agreement has not occurred by December 30, 2023.

D. While the Master Lease remains in effect, Subtenant will construct a new fire station located at 114 S. 10th Street, Santa Paula, CA 93060 (“Station 29”) pursuant to that certain Memorandum of Agreement for Fire Protection and Related Services Between the City of Santa Paula and the Ventura County Fire Protection District, entered on or about May 15, 2018. Construction of Station 29 is estimated to take approximately twenty-four (24) months to complete.

E. During construction of Station 29, Subtenant desires to sublease the Parking Lot from Sublandlord for use as a temporary fire station, and Sublandlord desires to sublease the Parking Lot to Subtenant for such use, in accordance with the terms and conditions of this Sublease.
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NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. LEASE; DESCRIPTION OF PROPERTY.

Sublandlord hereby leases to Subtenant, and Subtenant hereby leases from Sublandlord the Parking Lot with the address commonly known as 1033 East Main Street, Santa Paula, California (“Subleased Lot”) as specifically described and shown on Exhibit B, attached hereto and incorporated herein by this reference.

2. MASTER LEASE; PRIMARY LANDLORD TRANSFER AGREEMENT.

2.1 The Parties acknowledge that the Subleased Lot is subject to the terms and conditions of the Master Lease. This Sublease shall not be effective unless and until the Primary Landlord signs this Sublease thereby giving its consent to this Subletting. The signature of the Primary Landlord at the end of this document shall constitute its consent to Sublandlord subleasing the Subleased Lot to Subtenant in accordance with the terms of the Master Lease and this Sublease.

Subtenant will occupy the Subleased Lot in accordance with the terms of the Master Lease and will not suffer to be done, or omit to do, any act which results in a violation of or a default under the Master Lease. Each of Sublandlord and Subtenant hereby acknowledges and agrees that, except to the extent expressly provided herein, the terms of the Master Lease are not modified by this Sublease.

2.2 The Primary Landlord acknowledges that the Master Lease is in full force and effect and that Primary Landlord intends to transfer ownership of the Premises to Sublandlord by entering into a Transfer Agreement. Upon transfer, the Master Lease will terminate and Sublandlord will be fee simple owner of the Premises, which includes the Subleased Lot. Sublandlord and Subtenant acknowledge that, should such contemplated transfer of ownership of the Premises pursuant to such Transfer Agreement not be completed by December 31, 2023, the Master Lease and this Sublease shall expire as of September 1, 2025.

2.3 Subtenant acknowledges that the Oil Museum Parties are negotiating the Transfer Agreement and will cooperate in good faith not to interfere with the consummation of said agreement.

2.4 Upon the closing of the Transfer Agreement, this Sublease shall automatically convert to a lease between Subtenant and Sublandlord with its terms unchanged.

As of the Acquisition Date, the Primary Landlord will cease to have any obligations or rights under this Sublease or the Master Lease with respect to the Parties except pursuant to any provisions of this Sublease or the Master Lease which expressly survive expiration or termination of such agreement. Sublandlord and Subtenant acknowledge that, should such contemplated transfer of ownership of the Premises pursuant to such Transfer Agreement not be completed by 692
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December 31, 2023, the Master Lease and this Sublease shall expire as of September 1, 2025.

3. TERM.

This Sublease will commence on the date it is executed by both Subtenant and Sublandlord and will end September 1, 2025 (the “Term”). If there is a closing under the Transfer Agreement, the Term will continue as set forth in Subsection 2.4, unless earlier terminated by a Party in accordance with Section 10 below (the “Term”). The Term may be extended upon the written consent of Primary Landlord in Primary Landlord’s sole reasonable discretion.

4. SUBTENANT IMPROVEMENTS. Subtenant agrees to complete the following improvements to the Subleased Lot at no expense to Sublandlord (the “Subtenant Improvements”), it being acknowledged by Sublandlord and Subtenant that, in connection with the Subtenant Improvements, (i) Subtenant must comply with all applicable requirements of the Master Lease, including insurance requirements applicable to the “Tenant” under the Master Lease and its contractors and other agents, and (ii) before Subtenant may commence the Subtenant Improvements, Sublandlord shall secure the consent of the Primary Landlord thereto, with Sublandlord’s request for such consent to be accompanied by proposed plans for the Subtenant Improvements:

4.1 Pave the Subleased Lot with new asphalt prior to occupancy;

4.2 Erect a perimeter fence with rolling ingress gate;

4.3 Provide landscaping in front of perimeter fence; and

4.4 Add more lighting for security purposes.

In the event that the contemplated transfer of ownership of the Premises pursuant to the Transfer Agreement does not occur, Primary Landlord shall have the right by written notice to Sublandlord to require removal of any or all Subtenant Improvements on or prior to expiration or earlier termination of the Master Lease. Primary Landlord shall incur no liability with respect to any such plan approval. Subtenant shall be solely responsible for ensuring that the Plans comply with applicable laws and are otherwise appropriate for the site and its intended use.

Notwithstanding any provision of the Master Lease or this Sublease to the contrary and whether or not the Primary Landlord has consented to the Subtenant Improvements as required herein, each of Sublandlord and Subtenant hereby agrees that (i) neither Landlord nor any member of the Landlord Group (as such term is defined in the Master Lease, the “Landlord Group”) shall be liable for any claims, actions, damages, costs (including, without limitation, attorney’s fees), injuries or liability, including, but not limited to, with respect to any hazardous materials or substances or other environmental conditions on or under the applicable portion of the Premises, resulting from the construction or use of the Subtenant Improvements in connection with construction of the same (“Claims Relating to Subtenant Improvements”) and (ii) each of Subtenant and 693
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Sublandlord hereby indemnifies and holds harmless the Landlord Group from and against any Claims Relating to Subtenant Improvements. Should a member of the Landlord Group be named in any suit, or should any claim be against a member of the Landlord Group, by suit or otherwise, whether the same be groundless or not, with respect to Claims Relating to Subtenant Improvements, each of Sublandlord and Subtenant will defend such indemnified party (at such indemnified party’s request and with counsel reasonably satisfactory to Primary Landlord or other applicable member of the Landlord Group) and will indemnify such indemnified party for any judgment rendered against it or any sums paid out in settlement or otherwise. The indemnity provided in this Section 4 shall survive the expiration or earlier termination of this Sublease, and it is in addition to, and not in lieu of, the indemnity set forth in Section 18.1 below.

5. USE OF SUBLEASED LOT.

5.1 Subtenant agrees to use the Subleased Lot solely for the purposes of a temporary fire station. Permitted uses include firefighter parking, placement of a trailer with a kitchen and living space, and storage of fire-fighting equipment and trucks.

5.2 Subtenant must not use or permit the use of the Subleased Lot in any manner that will tend to create waste or a nuisance.

6. UTILITIES.

6.1 Subtenant will pay for water, sewer, gas, and trash services for the Subleased Lot.

Sublandlord will make and maintain proper connections with any and all water, gas, and sewer on or serving the Subleased Lot and will continue the connections and service thereof during the Term of the Sublease. Sublandlord will not pay for internet or television services.

7. CONDITION OF PREMISES; MAINTENANCE.

7.1 Subtenant accepts the Subleased Lot in its condition existing as of the date of the execution of this Sublease, subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the Subleased Lot and accepts this Sublease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Subtenant acknowledges that neither Primary Landlord, Sublandlord nor any member of the Landlord Group or agent of Sublandlord have made any representation or warranty as to the suitability of the Premises for the conduct of Subtenant’s business.

7.2 Subtenant is responsible for maintaining the Subleased Lot in a good and safe condition. Subtenant will be responsible for the maintenance expenses of the property including equipment and fixtures it brings onto the Subleased Lot. “Maintenance expenses” includes without limitation costs associated with the repair of plate glass, electrical wiring, plumbing, air conditioning, roof repair, pest control, exterior maintenance and repair, and preventing and repairing vandalism, except as caused by normal wear and tear.
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8. QUIET ENJOYMENT.

Sublandlord agrees that Subtenant, upon observing and keeping the agreements and each of the covenants of this Sublease, will lawfully and quietly hold, occupy, and enjoy the Subleased Lot for the duration of the Sublease. At the end of the Sublease Term defined in Section 3, the Primary Landlord will have the right to require removal of any Subtenant Improvements pursuant to Section 4, above.

9. CITY’S LIMITED WARRANTY.

Sublandlord warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this Sublease and perform its terms and conditions, and, subject to Primary Landlord’s consent to this Sublease, has the legal right, power, and authority to grant all of the rights granted herein.

10. TERMINATION. This Sublease may be terminated as follows:

10.1 By either Party without cause, provided 90 days’ written notice is given;

10.2 Upon mutual written agreement of the Parties;

10.3 Upon the Subleased Lot being condemned; or

10.4 Should Subtenant materially breach this Sublease, within ninety (90) days of failing to cure the breach to Sublandlord’s reasonable satisfaction after being notified by Sublandlord regarding such breach.

10.5 Upon expiration or earlier termination of the Master Lease prior to any transfer of ownership of the Premises pursuant to the Transfer Agreement, including but not limited to as specified in Section 2 above.

11. CONDITION OF PROPERTY UPON TERMINATION.

Upon termination of this Sublease for any reason, Subtenant will vacate the Subleased Lot and deliver it to Sublandlord in good order and condition, damage by the elements, earthquake, and ordinary wear and tear excepted. The Subtenant Improvements described in Section 4 above shall not be removed, unless requested by Sublandlord.

12. CONDEMNATION.

If all or part of the Premises is acquired by eminent domain or purchase in lieu thereof, Subtenant acknowledges that it will have no claim to any compensation awarded for the taking of the Premises or any portion thereof.

13. RELOCATION BENEFITS.

Subtenant acknowledges that it was informed that Sublandlord is a public entity and that the Premises is leased by Sublandlord for a public purpose. Subtenant further 695
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acknowledges that any rights acquired under this Sublease arose after the date Sublandlord leased the Premises and that Sublandlord reserves its right to condemn this leasehold. Subtenant acknowledges that at the time of any condemnation of this Sublease, Subtenant will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.

14. FORCE MAJEURE.

Should performance of this Sublease be prevented as a result of insured loss due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, pandemic, epidemic, or other similar causes beyond the Parties’ control, then it will immediately terminate without obligation of either Party to the other.

15. ALTERATIONS.

Except as provided by this Sublease and subject to any and all applicable additional requirements under the Master Lease, Subtenant will not make, or cause to be made, any alterations to the Subleased Lot without Sublandlord’s prior written consent.

16. ASSIGNMENT AND SUBLETTING.

This Sublease may not be assigned, transferred, or sublet by Subtenant, court order, or through any other means. Any such purported transfer will be null and void.

17. HOLDOVER.

If Subtenant holds possession of the Subleased Lot after the expiration or termination of this Sublease with Sublandlord’s written consent, Subtenant will become a tenant from month-to-month at the fair market rental rate per month. Such tenancy will be subject to all of the terms and conditions of this Sublease and the Master Lease, should the Master Lease still be in effect.

18. INDEMNIFICATION.

18.1 Subtenant indemnifies and holds each member of the Landlord Group (including, without limitation, Primary Landlord) and Sublandlord harmless from and against any third-party claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Master Lease or this Sublease, or its performance, except in each case as results from the sole active negligence of the indemnified party. Should any member of the Landlord Group (including, without limitation, Primary Landlord) or Sublandlord be named in any suit, or should any claim be against either, by suit or otherwise, whether the same be groundless or not, arising out of the Master Lease or this Sublease, or its performance, pursuant to the Master Lease or this Sublease, Subtenant will defend, as applicable, such member of the Landlord Group (including, without limitation, Primary Landlord) or Sublandlord (at such indemnified party’s request and with counsel satisfactory to such indemnified party) and will indemnify each member of the Landlord Group (including, without limitation, Primary Landlord) 696
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and Sublandlord for any judgment rendered against it or any sums paid out in settlement or otherwise. Subtenant will indemnify, defend, protect and hold each member of the Landlord Group (including, without limitation, Primary Landlord) and Sublandlord harmless from and against any third-party loss, cost, damage or liability (including attorneys’ fees) of any kind or nature arising out of Subtenant’s failure to perform or observe any of the terms and conditions of the Master Lease applicable to the Subleased Lot or this Sublease, except to the extent caused by such indemnified party or its invitees’, agents’ or employees’ negligence or willful misconduct. Sublandlord hereby agrees to indemnify, defend, protect and hold each member of the Landlord Group (including, without limitation, Primary Landlord) and Subtenant harmless from and against any thirdparty loss, cost, damage or liability (including attorneys’ fees) of any kind or nature arising out of Sublandlord’s failure to comply with the terms of this Sublease or the Master Lease, except to the extent any of the foregoing is caused by the negligence or willful misconduct of such indemnified party. The indemnities provided in this Section 18.1 shall survive the expiration or earlier termination of this Sublease.

18.2 For purposes of this section, “Sublandlord” includes Sublandlord’s officers, officials, employees, agents, representatives, and volunteers.

18.3 Subtenant expressly agrees that the foregoing hold harmless and indemnification provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

18.4 The requirements as to the types and limits of insurance coverage to be maintained by Subtenant as required by the Master Lease and Section 19 below, and any approval of such insurance by Sublandlord, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Subtenant pursuant to the Master Lease and this Sublease, including but not limited to the provisions concerning indemnification.

18.5 It is expressly understood and agreed that this Section 18 will survive expiration or earlier termination of the Master Lease and this Sublease.

19. INSURANCE. Subtenant will procure and maintain, at its own expense, during the Term of this Sublease, policies of insurance provided by insurance companies admitted to do business in the State of California with A.M. Best & Company ratings of at least A- / VIII and which are reasonably acceptable to Sublandlord, which policies are primary as to any other existing, valid and collectible insurance insuring Subtenant against loss or liability caused by or with the performance of this Sublease by Subtenant, or its agents, consultants, contractors, or subcontractors, in amounts not less than (i) as required under the Master Lease and (ii) as provided below:
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19.1 Commercial General Liability Insurance with a minimum combined single limit of liability of at least $1,000,000 and a general aggregate limit of at least $2,000,000.

19.2 Comprehensive Automobile Liability Insurance or Business Auto Policy covering all owned, hired or otherwise operated non-owned vehicles, with a minimum combined single limit of at least $1,000,000 each occurrence for bodily injury and property damage.

19.3 Workers’ Compensation Insurance as required by applicable law, and Employers’ Liability Insurance with a minimum limit of at least $1,000,000 per employee and at least $1,000,000 each occurrence.

19.4 The insurance coverage required may be provided by one or more policies of insurance issued to Subtenant or its agents, consultants, contractors or subcontractors, provided, however, that in order for such insurance to be acceptable, Subtenant will contractually require such agents, consultants, contractors or subcontractors to indemnify, defend, and hold harmless each member of the Landlord Group and Sublandlord from and against claims and losses to the extent of Subtenant’s obligations provided for in the Master Lease and this Sublease, with each member of the Landlord Group and Sublandlord named as an additional insured to such agreements, and such insurance policies will meet the requirements of this Section 20.

19.5 The policies of insurance will name each of member of the Landlord Group and Sublandlord as an additional insured and will not exclude or restrict coverage based upon alleged or actual negligence of an additional insured. Such insurance will provide coverage for claims and losses arising out of the actions of Subtenant or its agents, consultants, contractors or subcontractors on or about the Subleased Lot while the policy is in force, regardless of whether the claim or loss arises after the policy is expired.

19.6 Prior to its occupancy of the Subleased Lot, Subtenant will deliver to Sublandlord, and Sublandlord will forward to Primary Landlord, a certificate of insurance and additional insured endorsements evidencing the existence of the policies and further evidencing that coverage will not be canceled or materially changed prior to thirty (30) days’ advance written notice to each of Primary Landlord and Sublandlord. Subrogation against each of Primary Landlord and Sublandlord will be waived as respects all of the insurance policies required above (including policies of any subcontractor). The insurance required in no way limits or restricts any indemnity by Subtenant or its agents, consultants, contractors, or subcontractors under the Master Lease or this Sublease nor by any limitation placed on the indemnity as a matter of applicable law.
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20. COMPLIANCE WITH LAW.

Subtenant will, at its sole cost and expense, comply with the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Subleased Lot and will faithfully observe in the use of the Subleased Lot all applicable laws. The judgment of any court of competent jurisdiction that Subtenant has violated any such ordinance or statute in the use of the Subleased Lot will be conclusive of that fact as between Sublandlord and Subtenant.

21. WAIVER OF BREACH.

Any express or implied waiver of a breach of any term of this Sublease will not constitute a waiver of any further breach of the same or other term of this Sublease.

22. NOTICES.

Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Sublease or by law to be served on or given to either Party to this Sublease by the other Party will be in writing and will be deemed served when personally delivered to the Party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to:

If Subtenant: _____________
_____________
_____________
Attn: __________
If Sublandlord: City of Santa Paula
970 E. Ventura St.

Santa Paula, CA 93060
Attn: City Manager___

23. THIRD PARTY BENEFICIARY.

The Parties agree that the Primary Landlord shall be a third-party beneficiary of this Sublease and shall have the right to enforce provisions of this Sublease benefitting either Primary Landlord or Sublandlord, including but not limited to provisions of this Sublease under which Primary Landlord’s consent is required.

24. ACCEPTANCE OF FACSIMILE SIGNATURES.

The Parties agree that agreements ancillary to this Sublease and related documents to be entered into in connection with this Sublease will be considered signed when the signature of a Party is delivered by facsimile or electronic transmission or other electronic means (including DocuSign). Such facsimile or electronic signature or signature secured through other electronic means (including DocuSign) will be treated in all respects as having the same effect as an original signature. 699
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25. GOVERNING LAW.

This Sublease is made and entered into in the state of California and shall, in all respects, be governed by and interpreted in accordance with the laws of the state of California applicable to contracts entered into and to be fully performed therein. The exclusive venue for any action, suit, or other proceeding concerning the Sublease shall be in Ventura County, California.

26. PARTIAL INVALIDITY.

Should any provision of this Sublease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Sublease will remain in effect, unimpaired by the holding.

27. INTEGRATION.

This instrument and its attachments constitute the sole agreement between Sublandlord and Subtenant respecting the Subleased Lot, the use of the Subleased Lot by Subtenant and correctly sets forth the obligations of Sublandlord and Subtenant. Any Sublease or representations respecting the Subleased Lot or its subletting by Sublandlord to Subtenant not expressly set forth in this instrument are void. There are two attachments (2) to this Sublease.

28. CONSTRUCTION.

The language of each part of this Sublease will be construed simply and according to its fair meaning, and this Sublease will not be construed either for or against either Party.

29. AUTHORITY-MODIFICATION.

The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Sublease and to engage in the actions described herein. This Sublease may be modified by written amendment. Sublandlord’s city manager, or designee, may execute any such amendment on behalf of Sublandlord.

30. COUNTERPARTS.

This Sublease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
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IN WITNESS WHEREOF the Parties hereto have executed this Sublease the day and year first hereinabove written.

CITY OF SANTA PAULA
Dan Singer
City Manager

VENTURA COUNTY FIRE PROTECTION

DISTRICT
By:

Its:

ATTEST:

Julie Latshaw
City Clerk
APPROVED AS TO FORM:

Monica Castillo, Interim City Attorney
By:
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CONSENT TO SUBLEASE
Union Oil Company of California, a California corporation, hereby consents to this Sublease as between City of Santa Paula, a municipal corporation, as sublessor and the Ventura County Fire Protection District, a California special district, as sublessee.

MASTER LESSOR:

UNION OIL COMPANY OF CALIFORNIA, a
California corporation
By: _____________________________
Name: _____________________________
Its: _____________________________
Dated: _____________________________
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65283.00001\41385212.1

EXHIBIT A

TO SUBLEASE
(Master Lease)
[Attached behind]
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65283.00001\41385212.1

EXHIBIT B

TO SUBLEASE
(Subleased Lot Description)
[Attached behind]
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ATTACHMENT B

PARCEL INFORMATION
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To: Honorable Mayor and Members of the City Council
From: Lorena Alvarez, Human Resources Manager
Subject: MEMORANDUM OF UNDERSTANDING WITH SEIU, LOCAL 721 Date: June 21, 2023
Agenda Item: 10.S

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:
(1) Approve Resolution No. 7460, approving the Memorandum of Understanding between the City of Santa Paula and the Service Employees International Union (SEIU) Local 721 for the period of July 1, 2023 through June 30, 2025.

BACKGROUND:

The current Memorandum of Understanding (MOU) with the Service Employees International Union (SEIU), Local 721 is due to expire on June 30, 2023. In compliance with the MeyersMilias Brown Act (MMBA), the City's negotiations team commenced negotiations with SEIU, Local 721 towards a successor MOU and have been meeting and conferring in good faith regarding wages, benefits and other terms and conditions of employment. These negotiations were based upon direction provided by the City Council in closed session during the negotiations process.

The SEIU, Local 721 membership ratified the tentative agreement on June 14, 2023. This action tonight, seeks City Council approval of the terms and conditions negotiated.

ANALYSIS:

The current Memorandum of Understanding (MOU) with SEIU, Local 721 will expire on June 30, 2023. The City’s negotiations team and SEIU, Local 721 representatives have reached a two-year agreement with a 9% cost of live adjustment over the term of the agreement.

The attached resolution implements the tentative agreement reached with SEIU, Local 721.

Below are key items that have been negotiated:

Term of Agreements shall be from July 1, 2023 through June 30, 2025.

Effective the first full pay period following July 1, 2023, Unit employees shall receive a five percent (5.0%) cost of living adjustment (COLA) to base wages.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment (COLA) to base wages.

Phased Cafeteria increase from $1250.00 to $1450.00 over the term of the contract.

City will contribute up to one percent (1%) of base salary to match employee deferred 707
compensation contribution.

Tuition Reimbursement Assistance will increase from $2500.00 to $3000.00 a fiscal year.

Uniform Allowance increase from $525.00 to $575.00 annually.

Safety Boot Allowance increase from $225.00 to $250.00 annually.

Safety Glasses Allowance increase from $200.00 to $225.00 annually.

New Year’s Eve has been added as a City Observed Holiday.

STRATEGIC PLAN:

This item/action supports City Council's goal of employee retention under the "Operational Excellence" section of the two-year Strategic Plan by striving to develop and maintain a competitive compensation package for employees.

FISCAL IMPACTS:

Costs associated with these changes have been incorporated into the Proposed Budget for Fiscal Years 2023/24 and 2024/25.

OPTIONS:

1. Approve Resolution No. 7460, approving the Memorandum of Understanding between the City of Santa Paula and the Service Employees International Union (SEIU) Local 721 for the period of July 1, 2023 through June 30, 2025.

2. Provide alternative direction to staff.

ATTACHMENTS:

Resolution No. 7460
Exhibit A to Resolution No. 7460.docx
Redline_MOU.pdf
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RESOLUTION NO. 7460

A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR THE CONTRACT YEAR 2023-2025 BETWEEN THE CITY OF SANTA

PAULA AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 721
The City Council for the City of Santa Paula does resolve as follows:

SECTION 1: The City Council finds as follows:

A. The City, acting by and through its City Council appointed negotiation team, and representatives of the Service Employees International Union (SEIU) Local 721, a duly recognized employee organization representing the City of Santa Paula’s Non-managerial, Non-sworn, General employees, met and conferred in good faith and fully communicated and exchanged information concerning wages, hours, and the terms and conditions of employment for contract year 2023-2025.

B. The appointed representatives of the parties agreed on certain matters as stated in the memorandum of understanding (“MOU”) attached as Exhibit “A”, and recommend that the City Council implement the MOU.

SECTION 2: The City Council approves the Memorandum of Understanding for Contract Year 2023-2025 between the City of Santa Paula and the SEIU Local 721. The City Manager is authorized to execute the MOU on the City’s behalf and any ancillary documents necessary to implement the MOU.

SECTION 3: This Resolution will become effective as identified in Exhibit A, immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 4: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. 709
PASSED, AND ADOPTED, this 21th day of June, 2023.
____________________
Andy Sobel, Mayor
City of Santa Paula
ATTEST:
_________________________
Julie Latshaw, City Clerk
Approved as to form:
_______________________________
Monica Castillo, City Attorney
Approved as to content:
_______________________________
Dan Singer, City Manager
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1 MEMORANDUM OF UNDERSTANDING

PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) by and between the City Council of the City of Santa Paula, hereinafter designated "City," and Service Employees International Union (SEIU) Local 721 hereinafter designated as "Union".

The City Manager, or his/her designee, is the representative of the City of Santa Paula in employeremployee relations as authorized by the City Council.

The parties have negotiated in good faith regarding wages, hours and other terms and conditions of employment of the employees in said bargaining unit; have exchanged freely information, opinions and proposals; and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

Both parties recognize their mutual obligation to cooperate with each other to assure maximum service of the highest quality and efficiency to the citizens of Santa Paula.

This Memorandum of Understanding is subject to all existing laws of the United States of America, State of California, and the ordinances, resolutions and regulations of the City of Santa Paula. This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned regarding matters within the scope of representation for all employees within the bargaining unit for the contract years 2023 - 2025 commencing July 1, 2023 and concluding June 30, 2025.

UNDERSTANDING AND AGREEMENTS
The following understandings and agreements shall not become effective until ratified by the City Council:

1. EXCLUSIVE REPRESENTATION
This memorandum covers employees in Local 721, "Nonmanagerial, Nonsworn, General Employment," as represented by the Union, which has been certified as the recognized employee organization. The list of represented classes is set forth in Appendix A, herein.

Whenever a person is hired in any of the job classifications covered by this memorandum, City agrees to notify such person that Union is the recognized employee organization for employees in that classification.
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2 1.1.1. UNION DUES DEDUCTION, COPE & INDEMNIFICATION AND NEW

EMPLOYEE ORIENTATION
A. Dues Deduction
The Employer will honor employee authorizations for dues deduction as required by provisions of the Government Code. The authorizations will be maintained by the Union.

Every 120 days, the Employer shall send to the Union a list of all employees in the bargaining unit including: each employee’s name, employee identification number, employee hire date, job title, department, work location, and if on file with the Employer, each employee’s home and personal cellular telephone number, home address, and personal email address. City of Santa Paula will provide monthly report with the same information as listed above for the new hires.

Each pay period, the Union shall provide the employer with an “authorized deduction report” which includes bargaining unit members who have authorized the deduction of Union dues, COPE and other deductions and the deduction amounts.

The Employer shall make the dues and other applicable deductions from the employees’ paychecks and remit such itemized deductions to the Union via Electronic Funds Transfer (EFT) within five (5) business days of each payday. The Employer shall also provide the breakdown of each amount remitted (i.e. Dues, COPE, Supplementary Benefits, etc.) in Excel format to [email protected] within five (5) business days of each payday.

The Employer shall make the dues and other applicable deductions from the employees’ paychecks and remit such itemized deductions to the Union within ten (10) business days of each payday. The Employer shall also provide the breakdown of each amount remitted (i.e. Dues, COPE, Supplementary Benefits, etc.).

B. Committee on Political Education (COPE)
Employees may make voluntary contributions to the Union’s registered political action committees. The employer shall make the deduction of the voluntary contributions in the same manner as the dues deduction process.

Every pay period the Union will notify the employer with a list of employees and the appropriate deduction amount on the “authorized deduction report” of the employees who have signed an authorization for the COPE deduction.

Employees may discontinue voluntary political deductions by providing notice of cancellation to the Union and the Union shall transmit such notice of cancellation to the Employers by the next full pay period cycle.

C. Indemnification
The Union agrees to indemnify and hold the Employer harmless from any liabilities of any nature which may arise as a result of the application of provisions of this Article. 713
3 D. The City shall provide the Union written notice of both City-wide and department-level new employee orientations [no matter how few participants, and whether in person or online] at least 10 business days, or as soon as reasonably practical, prior to the event.

Union representatives shall be permitted to make a presentation of up to thirty (30) minutes, and present written materials, during a portion of the orientation for which attendance is mandatory. No management representative shall be present during the Union’s presentation. Release time shall be granted for a member to participate in the Union’s presentation of the new employee orientations. The Union will provide the City with a list of 3-4 member(s) that will participate in the Union’s presentation of the new employee orientations. “New hires” shall be defined to include any employee new to the bargaining unit, including, but not limited to, through accretion or promotion/demotion.

If the Union’s designated representative(s) is unable to attend the new employee orientation, the City shall provide the new hire with the contact information of the union representative responsible for follow-up with the new hire.

The parties agree that any disputes shall be subject to the City’s Grievance Procedure and shall be submitted at the first formal step of the Grievance Procedure.

2. UNION RIGHTS

2.1 SEIU designated members, selected by the Union, shall be entitled to an aggregate (combined) release time of no more than 80 paid hours of leave to attend Union training and seminars during the term of the MOU. Such time is in addition to time spent in meet and confer sessions with City representatives and is subject to a minimum, when possible, of ten days advance notice to the employee's Department Head or designee. Release time for SEIU members is subject to departmental organizational needs and will not be permitted without prior approval of the employee's Department Director or designee. The Union shall monitor the hours used by SEIU members to ensure that the 80 hours is not exceeded; the City shall create a payroll activity code (RHU) that designated employees shall use to properly code paid leave used for this purpose in the City’s timekeeping system.

2.2 Labor-Management Meetings

2.2.1 MOU Employee Representation
The formally recognized employee organization may select not more than three (3) employee members of such organization to attend scheduled meetings with the Municipal Employee Relations Officer or other management officials on subjects within the scope of representation during regular work hours without loss of compensation. The participation of additional employees is at the discretion of the employee organization (a maximum of two additional members) provided that they would not be eligible for compensation because the meeting in question was scheduled for the employees' nonwork hours and provided also they would not be eligible for any compensation for their attendance. Where circumstances warrant, the Municipal Employee Relations Officer may approve the attendance at such meetings of additional employee representatives 714
4 without loss of compensation. The employee organization must, whenever practicable, submit the names of all such employee representatives to the Municipal Employee Relations Officer at least two (2) working days in advance of such meetings. Provided further: 1) that no employee representative may leave his or her duty or work station or assignment without specific approval of his supervisor, department head or other authorized City management official, and 2) that any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules.

The City agrees to discuss issues of mutual concern with SEIU upon request. Meetings shall be held at mutually agreed times and dates within fourteen (14) calendar days of any request dependent upon availability of the parties.

2.2.2 Consultation
During the term of this agreement, the City and Union agree that consultation meetings may contribute to improved employer-employee relations. Either party may request meetings.

The party requesting the meeting shall submit a proposed agenda. With the concurrence of the receiving party, a date, time and location of the requested meeting may be set. It is not intended that any such labor-management meetings be for discussion of issues handled under other provisions herein or other documents setting forth prescribed meeting procedures such as grievance or disciplinary procedures. Meeting attendees will be those that have been designated as union representatives as defined above.

2.3 Union Bulletin Boards
SEIU shall have a designated union bulletin board in every work facility or break room where represented employees work or congregate. The bulletin board and designated space shall not be less than 2’ x 3’ or more than 3’ x 4’. A copy of all material to be displayed upon the bulletin board shall be provided to the Human Resources Manager. The locations of the bulletin boards shall include but not be limited to the following locations: Public Works-Water Yard, Corporation Yard and Engineering Administration Office; City Hall, Police Department, Community Development Building and Community Center. Material shall be signed and dated by a steward/leader or staff of Local 721.

3. CITY RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, certain City rights will not be subject to the meet and confer process. These include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; withhold merit step salary increases related to job performance subject to the City's Personnel Rules and Regulations; determine the procedures and standard of selection for employment; promotion and transfer; direct employees, including scheduling and assigning work, work hours, and overtime as required in the manner most advantageous to the City. It is understood by the parties that every related duty connected with operations enumerated in job descriptions is not always specifically described; nevertheless, it is intended that all such duties shall be performed by the employee; establish employee performance standards and to require compliance therewith; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the 715
5 efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for, it being understood that it is not the City's intent to contract out any services currently being provided by employees in the representation unit; however, the City retains its management rights to investigate alternate options in the future; determine the content of job classifications; take all necessary actions to protect the public's health and safety and carry out its mission in emergencies; and exercise complete control and discretion over the technology of performing its work.

4. SALARY COMPENSATION

4.1 Salary Adjustments
Effective the first full pay period following July 1, 2023 ratification of this Agreement by SEIU and adoption of the Agreement by the City Council, Unit employees shall receive a five percent (5.0%) cost of living adjustment to base wages.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base wages.

4.1.1 Merit Increase/Step Increase
Merit/step increases will become effective on the actual anniversary date of the employee.

4.1.2 Evaluations
Performance evaluations shall be completed at least one week prior to the employee's anniversary date, but no later than sixty (60) days after this date. Employees who do not receive their evaluation within the sixty (60) day period should contact their immediate supervisor, Department Head or the Personnel Office. If the employee was entitled to a merit increase, said increase shall be retroactive to the employee's anniversary date. If a performance evaluation has not been completed within ninety (90) days after an employee’s merit review date, it will be presumed that the employee’s evaluation for that evaluation period is satisfactory and the employee will then receive the merit increase they would be eligible for, not to exceed the top of the salary range. The merit increase will be, retroactive, if necessary to the employee’s anniversary date.

4.2 Salary Schedule
Salary ranges effective during the period of this agreement shall be as set forth in Appendix A herein.

4.3 Base Wages
Base wages shall mean the hourly rate of pay earned by a unit employee within a salary range assigned by the City to the classification occupied by the employee. Base wages do not include 716
6 educational incentive, overtime pay, standby pay, bilingual pay, cafeteria plan monies, or other additional payments earned by a Unit employee pursuant to this MOU. Base wages shall be calculated by dividing an employee’s biweekly salary range by 80.

4.4 Regular Rate of Pay
A Unit employee’s regular rate of pay shall be calculated according to the provisions of the FLSA.

A Unit employee shall be compensated for overtime work at one and one-half times the employee’s regular rate of pay to the nearest quarter hour.

4.5 Direct Deposit
All employees hired after ratification of MOU, shall establish a direct deposit account in order to receive their paychecks.

5. HOURS OF WORK

5.1 Work Cycle
In accordance with the Fair Labor Standards Act, the City's work cycle is a fixed and regularly recurring period of 168 consecutive hours, seven (7) consecutive twenty four (24) hour periods.

5.2 Regular Work Day
The normal daily work schedule (40 hour work week) for unit personnel is eight (8) hours of work time, inclusive of breaks, exclusive of a one (1) hour unpaid meal break. Maintenance employees receive a half (1/2) hour unpaid meal break.

The regular working day of employees observing a 9/80 work schedule is nine (9) hours of work within a period not to exceed ten (10) consecutive hours, interrupted by a lunch break of not less than onehalf (1/2) hour, nor more than one (1) hour; provided, the regular working day on alternate Fridays or other days, as determined by the department head, shall be eight (8) hours of work not to exceed nine (9) consecutive hours, interrupted by a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour.

The regular working day of employees observing a 4/10 work schedule is ten (10) hours of work within a period not to exceed 11 hours, interrupted by a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour.

An employee and a supervisor may agree to incidental flex time in which an employee works variable work hours with corresponding flex hours off. All requests and approvals shall be in writing. Non-exempt employees must take all flex hours off within the forty (40) hour work week in which the variable hours are worked. Exempt employees must take all flex hours off within the eighty (80) hour work period in which the variable hours are worked. Employees who participate in an incidental flex time arrangement shall waive daily overtime for the time designated as flex time worked. Flex time may not be used to supplement or replace holiday leave pay.

A Department Head, with the approval of the City Manager and after conferring with the affected employees, may institute alternate work schedules. For the term of this Memorandum and except 717
7 for bona fide emergencies, such schedules shall not be altered without first completing the meet and confer process with the Union. However, should such a schedule be implemented, overtime will be paid for time worked in excess of the alternate work schedule hours and will not be based on an eight (8) hour work day. Affected unit personnel in the City will be placed on a flexible time schedule for work hours where this schedule does not affect customer service and is appropriate.

5.3 Rest Periods
For each four (4) hours of service, each bargaining unit member is entitled to take one (1) fifteen (15) minute rest break with pay, as scheduled by the appropriate supervisor. Rest periods and lunch periods may not be aggregated and used to extend the lunch period or shorten the workday.

5.4 Regular Work Period
A regular work period for those employees on the 9/80 schedule shall be forty (40) hours to be worked within a seven (7) day period beginning at 12:01 p.m. Friday and ending at 12 noon the following Friday. However, this seven (7) day work period may be changed by the City Manager to any other consecutive seven (7) day period beginning and ending at any day and any time to accommodate alternative work schedules.

5.5 Standard Hours and Days of Work
The standard work week shall consist of five (5) days, Monday through Friday inclusive; the regular work day shall begin at 8 a.m. and end at 5 p.m. Unless otherwise approved by the department head, the regular work day' for employees observing a 9/80 schedule shall begin no earlier than 6:30 am and end no later than 6:30 pm on those days when the regular working day is nine (9) hours of work. The standard work week for employees observing a 4/10 schedule shall be as determined by the department head. This standard shall not apply to employees of departments which require different schedules of work to meet operational and service objectives of City departments.

Nonstandard hours and days of work for employees shall be as established in writing by the City Manager.

6. OVERTIME

6.1 Overtime Definition
Overtime is defined as all hours worked in excess of an employee’s regularly scheduled workweek.

For purposes of determining OT, “hours worked” means hours the employee actually worked d expressly excludes paid time off for compensatory time off, vacation leave, jury duty and bereavement leave, sick leave or leave without pay.

Overtime will be paid in compliance with the FLSA at a rate of one and one-half (1 ½) times the employee’s regular rate of pay or a unit employee may choose in lieu of cash payment to be compensated for OT by the accumulation of compensatory time, at the rate of one and one-half (1 718
8 ½) hour’s compensatory time for each overtime hour actually worked. “Hours worked” means hours the employee actually worked as defined by the FLSA and expressly excludes paid time off for compensatory time off, vacation leave, jury duty and bereavement leave, sick leave or leave without pay for the purpose of calculating compensatory time. A maximum of forty (40) hours of compensatory time may be accrued in a calendar year.

6.2 Standby
Employees who the City expressly requires to remain available for contact and call-out for emergency call back, at times that the employee is not otherwise scheduled to be nor are on duty, shall be paid an additional salary of $50 per day on Saturdays, Sundays, City holidays, employee's flex day, and Fridays after their regularly schedule time stops and $30 per day all other periods for the hours that the employee remained available. Employee's on-call hours shall not constitute hours worked under the Fair Labor Standards Act.

The City has the exclusive right to determine the need for standby and time of standby. While on standby status, employees will be required to carry and utilize a City-issued pager or cellular telephone; respond via telephone within ten (10) minutes to any call or page; and or report fit-forduty within thirty (30) minutes following receipt of call-out information.

6.3 Callback
Employees who are called back for emergency overtime work, or are called back for emergency overtime work while on standby status, shall be paid at the rate of one and one half (1 ½) times the regular rate for all subsequent hours worked or a minimum of two (2) hours pay, whichever is greater.

The "minimum of two hours pay" includes all call backs occurring within the two hour minimum period; therefore the "minimum of two hours pay" is not compensated on a "per occurrence" basis.

The City has the exclusive right to determine the need for call back and the time of call back.

6.4 Limitation of Overtime
It is the policy of the City to keep all overtime usage to a minimum. This policy extends to all varieties of overtime usage including holdover, callback and standby. Prior written authorization of the Department Head must be secured and communicated to the employee.

In an emergency, if it is impossible or impractical to secure advance authorization from the Department Head, the supervisor may authorize paid overtime subject to ratification by the Department Head.

Overtime shall be compensated to the nearest quarter hour (fifteen-15) minutes. This shall apply to accumulation of all overtime during a work week.

6.5 Special Events
Employees who work special events sponsored by the City may elect to earn compensatory time in lieu of overtime for hours worked exceeding the employee’s regularly scheduled workweek, 719
9 subject to the forty (40) hour compensatory time accumulation per calendar year and the limitations on overtime specified in Section 6.1.

7. SHIFT DIFFERENTIALS

7.1 Shift Differential
Maintenance Personnel who are continuously and regularly assigned to a schedule of work which requires not less than fifty percent (50%) of their shift between the hours of 6:00 p.m. and 8:00 a.m will be paid a shift differential at a rate set (5%) above his or her then current base monthly step for the period assigned to the qualifying shift. The shift differential will only be payable for shifts actually worked. Overtime and workers compensation calculations will be determined in accordance with the provisions of the FLSA.

7.1.1 Flex Time
Employees on flex time or who work between the hours of 5 p.m. and 8 a.m. for their own convenience and who are not assigned to do so by their supervisor are not eligible for shift differential.

Employees who work a 9/80 schedule and are on flex time or work between the hours of 6:00 p.m. and 7:00 a.m. for their own convenience and who are not assigned to do so by their supervisor are not eligible for shift differential.

The employee shall receive the salary rate of the higher class in which he or she is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the salary schedule of the higher classification, which will assure an increase of not less than five percent greater than the salary of his or her current salary step, but in no case shall such salary exceed the top salary step of the higher classification. The requirement for the performance of duties of the higher classification shall be placed in writing by the Personnel Officer following recommendation by the affected department head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualification of the higher classification by the Personnel Officer as recommended by the department head.

8. OTHER COMPENSATION AND BENEFITS

8.1 Tuition Reimbursement
Tuition reimbursement may be made up to $3,000 per fiscal year in accordance with established City policy. It is the City's desire to encourage employees to further their education in order to excel in their profession. For this reason, the City Manager may authorize employees to take 720
10 courses during the employee's normal work day for a limited duration, if alternate classes are not available (e.g. night classes not offered). All requests must first be made through the Department Head and forwarded to the City Manager for final approval prior to commencing the course. All approvals will be based on staffing levels of the department and effect of city operations.

8.2 Uniform Allowance
Unit employees in a Public Works and Parks & Recreation Maintenance classification (including Lead Park and Abatement Specialist, Mechanics and Water personnel), Building Inspectors, Permit Technicians, Records Clerk and Animal Control Officer classifications covered by this agreement who is required to have and maintain a uniform shall receive an allowance in the amount of $575 annually, to be paid to the employee bi-weekly installments. to be used exclusively for the purchase of work trousers and maintenance of uniforms (laundry, repairs, etc.).

Unit employees must abide by department uniform standards when purchasing trousers. The City will continue to supply shirts to employees on an as needed basis, not to exceed nine (9) shirts for Public Works and Parks & Recreation Maintenance classifications (including, Lead Park and Abatement Specialists, Mechanics and Water personnel) employees and seven (7) shirts for all other classifications who receive the uniform allowance in a fiscal year. The City will provide up to one (1) winter jacket on an as needed basis as determined by the Department Head.

Repair and/or replacement of uniforms and equipment damaged or destroyed in the performance of official duty will be paid by the City. Employees are permitted to use City uniforms and equipment only while on the official duty of the City. Employees on sick leave, industrial disability leave, or leave of absence for more than four continuous weeks are not entitled to the uniform allowance for the period of time away from work.

Non-prescription safety glasses, gloves, vests, hard hats, jackets, hats and ear protection will be distributed by the Department Head on an as needed basis.

Public Works and Parks & Recreation Maintenance classifications (including, Lead Park and Abatement Specialists, Mechanics and Water personnel) will be issued a purchase requisition not to exceed the amount of Two hundred and twenty-five dollars ($225.00) to a vendor selected by the City when replacement prescription safety glasses are required, employees may also go to his/her own optometrist and submit a request for reimbursement through the Finance Department.

Specifications will be determined by the City. One (1) pair of safety glasses will be provided as required every two years. Public Works and Parks & Recreation Maintenance classifications (including, Lead Park and Abatement Specialists, Mechanics and Water personnel) may request additional prescription safety glasses, provided they submit a written request to the Department Head who will conduct a complete investigation and will submit findings and recommendations to the City Manager for final approval. Eye examinations are the responsibility of the employee.

8.2.1 City Contribution-Safety Boots
All represented employees required to wear safety boots as determined by the department head will be issued a purchase voucher in the amount of two hundred fifty dollars ($250.00) to a vendor selected by the City when replacement safety boots are required. 721
11 The safety boot reimbursement can be used to resole City provided safety boots and purchase safety boot accessories, including work socks, laces, insoles, waterproofing and/or care kits or an additional pair of safety boots as needed. Safety boot specifications will be determined by the City.

One (1) pair of safety boots will be provided as required between July 1 and June 30th. All represented employees required to wear safety boots may request one (1) additional pair of safety boots (as needed), not to exceed $250.00, provided they submit a written request to the department head or designee, who will make a final determination.

8.3 Bilingual Pay
Employees may be eligible to receive bilingual pay of $50 per pay period ($1300 per year).

Employee eligibility will be determined by the Department Director and the operational needs of the department.

Consistent with the above eligibility determinations, and to recognize those employees who are able to communicate effectively with members of our community who speak primarily Spanish or any other language including but not limited to sign language. The program is one of many ways our City Council encourages employees to provide the best customer service possible to our community.

8.4 Emergency Disasters
Employees will be required to mark "overtime" versus "comp time" on their time sheets, when working during an emergency disaster. This change allows the City to be reimbursed through FEMA for employees’ work time.

8.5 Certificates and License
Effective January 1, 2014 the City shall pay for the initial examination and renewal of the following certificates, licenses, or endorsements on a reimbursement basis, upon receipt of original certificates, licenses, or endorsement:

1. Wastewater Treatment Certification Grades Operator in Training (OIT), I, II, III and IV issued by the California State Water Resources Control Board for Wastewater Treatment Plant Operators, Grades I, II, and III as required by job description.

2. State of California Department of Motor Vehicles Class “A” or “B” licenses as required and approved by the Department Head (including the cost of required physical examination).

3. Water Treatment Certification Grades T1, T2, T3, T4 and T5 issued by the California Department of Public Health as required by the job description.

4. Distribution System Certification Grades D1, D2, D3, D4 and D5 issued by the California Department of Public Health as required by the job description.

5. Certified Unified Program Agencies (CUPA) as required by the job description. 722
12 6. Arborist.

9. HOLIDAYS

9.1 Holiday Listing
On January 1st of each year, unit personnel will receive a Holiday Leave Bank of thirty-six (36) hours paid at straight time to be used exclusively for City observed holidays and a Floating Holiday Leave Bank of eighteen (18) hours. On July 1st of each year, unit personnel receive a Holiday Leave Bank of 72 hours paid at straight time to be used exclusively for City observed holidays. For those unit personnel on flexible work schedules and who are already scheduled a "flex day" on the holiday, and for those employees who are not on flexible work schedules and work an eight (8) hour day, the extra hours in the Holiday Leave Bank would become floating holiday hours to be scheduled for to be scheduled for use throughout the year with the approval of their supervisor.

The banked holiday hours may be used for any purpose that vacation; sick and compensatory leave may be used for, as long as prior approval is gained from the supervisor.

If a holiday is worked, unit personnel receive pay at the overtime rate for all hours worked, in addition to straight time holiday pay. If an employee decides to use all the holiday leave bank which results in not having any holiday leave available for holidays, then the employee would then have to use vacation leave, compensatory leave, or leave without pay (according to the adopted leave without pay procedures) to cover time off on holidays where the City was closed. Employees would not have the option of working when the City was closed for a holiday if they did not have any time of leave time available. The following days are considered holidays:

New Year's Day - January 1
Martin Luther King Day - Third Monday in January
Presidents' Day - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran's Day- November 11th
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
New Year’s Eve – December 31
Two (2) floating holidays
Employees hired between the holiday allocation periods will receive the holiday bank in accordance with allocation for that period, less any holiday (at 9 hours per holiday) that have already been observed.
.
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13 10. VACATION

10.1.1 All use of Vacation Leave shall be at such time as approved by the employee's Supervisor or Department Head. Use of Vacation Leave shall be scheduled at such times as the Department Head finds most suitable after considering the wishes of the employee and the requirements of the Department. For the efficiency and effectiveness of City services, Supervisors or Department Heads may assign the use of Vacation Leave and designate when it will be taken. All requests for use of Vacation Leave must be approved by the Supervisor or Department Head in writing prior to the commencement of the requested use on a form provided by the Personnel Office. Completed forms are to be forwarded to the Personnel Office only after being utilized by the Department Head or Supervisor to verify timesheets.

10.1.2 Vacation Leave will not accrue while an employee is on Leave of Absence without Pay.

Accumulated and unused Vacation Leave may be used to supplement Sick Leave if the employee has exhausted Sick Leave accruals. Paid holidays occurring during vacation are not charged to Vacation Leave. If an employee on vacation becomes sick, Sick Leave may be substituted subject to the approval of the Supervisor or Department Head. If the request is denied, reason must be given in writing at time of denial.

If an employee transfers from one department within the City to another, the Vacation Leave credits shall also be transferred.
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14 10.2 General Provisions

10.2.1 Vacation Credit
An employee shall begin accruing vacation upon the first day of employment. Vacation leave time shall be accrued as it is earned on a biweekly basis. Employees on leave without pay status shall not earn vacation. Vacation time shall not be taken until earned and shall be subject to all other provisions of this agreement.

10.2.2 Vacation Usage
The times during which an employee may take vacation shall be as approved by the Supervisor, provided that if the requirements of the City service are such that part or all of an employee's vacation must be deferred beyond a calendar year, the employee may take vacation during the following calendar year. A Department Head may also approve vacation if the employee's Supervisor is unavailable or if the employee's immediate supervisor is a Department Head. In the event that an employee requests, but is repeatedly denied vacation, and if such denial would cause the employee to exceed the 280 hour limit, the City Manager may temporarily increase the vacation limit until a mutually agreed upon vacation can be scheduled.

10.2.3 Vacation Schedule
In the scheduling of employee vacations, Supervisors will give first consideration to the employee's choice. In the event of a conflict or a dispute among employees, reasonable recognition of seniority and annual rotation will be used to resolve such conflict or dispute. Authorization of use of any vacation time shall continue to be subject to organizational needs.

10.2.4 Effect of Termination on Vacation
Vacation is credited to the employee upon appointment and each pay period. Upon termination of an employee's service with the City, he/she shall be paid a lump sum for all accrued, but unused, vacation hours.

10.2.5 Status Report of Accrued Vacation Leave
The City will provide regularly to each employee on his/her paycheck stub an official record of his/her accrued vacation leave. Verification of an employee's official accrued vacation leave record will be provided by the City based on a reasonable request for such verification. 725
15 10.3 Vacation Buyback
Should the revenues increase during the first half of the fiscal year, the City agrees to meet with SEIU to re-consider a partial or full vacation/comp buyback.

Unit employees may buyback vacation and/or comp leave with continuous years of service as follows:

Less than five years: up to 40 hours
Five years, but less than 10 years: up to 60 hours
More than 10 years: up to 80 hours

1. Employee must have taken a minimum of forty (40) hours of vacation leave during the period November 1st - October 31st prior to submitting the request.

2. Employee must maintain a minimum balance of 100 hours of vacation leave after submitting the request.

3. Employee must submit request form to Human Resources Manager by October 31st, with payment to be made the first pay period of December. Forms will be available in the City’s “O” drive and/or through the Human Resources Office.

11. SICK LEAVE

11.1 General

11.1.2 Usage
Sick leave with pay up to the total number of accumulated sick days shall be-granted by the Department Head in case of bona fide illness or injury of employee. Immediately upon return to work, the employee shall complete and submit the “City's Absence and Leave Affidavit” to his/her immediate supervisor. The City may determine, by reasonable means, the validity of any sick leave usage either as a condition of continuing an employee on sick leave status or as a requirement of returning to work. Additionally, if the City suspects an employee is abusing or has abused sick leave, the City may require the employee to be examined by the City's physician at no cost to the employee.

11.1.3 Over 3-Day Absence
For absence of more than three (3) days, an employee may be required to present a medical doctor's certificate verifying the personal illness or injury and/or a medical authorization to return to work.

11.2 Leave Transfer
Unit employees will have the ability to transfer earned leave bank (vacation and/or comp) to other employees in Units participating in this program, subject to the following conditions:
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16 1. No one can, by use of this transfer, reduce his or her accrued vacation and sick leave to less than 40.0 hours in each bank.

2. All such transfers shall be approved by the Personnel Officer or his/her designee.

3. All transfers shall be anonymous to the transferee.

The Personnel Officer shall determine the amount of leave, if any, which an employee may receive under this section. Employees wishing to donate leave must do so in writing to the Personnel Officer. Donated leave shall be utilized in the order of receipt by the Personnel Officer, and will be converted to sick leave for the employee’s use for the defined purpose only. The amount of leave time transferred under this section which remains unused shall be returned to the employee or employees who transferred the leave when the Personnel Officer or designee finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred.

11.3 Bereavement and Special Sick Leave
Leave with pay up to five (5) working days per incident of death, but not to exceed 80 hours in a fiscal year, shall be granted by the Department Head in case of the death of a mother, father, mother-in-law, father-in-law, spouse, sister, brother, son, daughter or domestic partner of the unit member or grandparent or grandchild of the unit member or his/her spouse, aunt, uncle, cousin, niece, nephew daughter-in-law, son-in-law or brother-in-law. Also applies to persons related by blood or marriage residing in an employee’s home.

Bereavement leave or special sick leave, in case of death of other persons, may be granted only upon approval of the City Manager.

11.4 Prenatal and Paternity Leave
Maternity and Paternity Leave will be granted to eligible employees in accordance with the current Family and Medical Leave Act (FMLA). Eligible employees shall charge time-off against any accumulated leave, including sick leave.
.

11.6 Exceptions
Sick leave pay shall not be granted for any injury attributable to an outside occupation (for which Worker's Compensation benefits are available and engagement herein has not been authorized).

11.7 Exhaustion of Sick Leave
When an employee is on sick leave status and such sick leave time due the employee has been 727
17 exhausted, subsequent leave of absence shall first be charged to compensatory time accruals and then to vacation accruals.

11.8 Doctor/Dentist Visits
Sick leave may be used for doctor or dentist visits or to obtain medical or dental care, subject to advance approval by the Department Head.

12. INDUSTRIAL ACCIDENT LEAVE
When an employee sustains an accident which results in an injury or illness arising out of and in the cause of employment which is compensable under the State Workers' Compensation Act and which injury or illness necessitates the employee's absence from work, the first three (3) calendar days of such absence shall be deemed to be Industrial Leave and the employee shall receive his/her regular salary for any regularly scheduled work days occurring within the three (3) day period following the date of such injury or illness, providing the injury or illness was not due to the employee's gross negligence or and that such absence from work is substantiated by a statement of a licensed physician certifying that the nature of the illness or injury is sufficiently sever to require the employee to be absent from his/her responsibilities for a rehabilitative period. (Wages for the day of the injury will be paid for the regularly scheduled hours worked and is not a day of absence for leave purposes.)
If the employee is not able to return to work after three (3) calendar days of Industrial Leave following the day of the injury or illness, the employee shall then be eligible leave under the Family Medical Leave Act (FMLA), if qualified. The employee is permitted the option of taking leave without pay from the City while receiving those benefits allowed by the provisions of the State Workers' Compensation Act, or the employee may integrate his/her accumulated Sick Leave or Vacation Leave to his/her credit, with temporary disability benefits paid under the State Workers Compensation Act. In no instance shall an employee receive dual compensation from the City and the Workers' Compensation Insurance Fund.

The employee has the right to notify the City, in writing, prior to an injury, of his/her choice of physician should the employee be injured. The pre-designated medical provider must meet the requirements of CCC §9783 and agree to treat the employee for work related injuries. If the employee does not make this prior notification, the City has the right to require that the treatment be provided by a City designated medical examiner during the first thirty (30) days after the injury in accordance with Sections 4600 and 4601 of the Labor Code. If treatment is required on an emergency basis, and obtained from a non-City provider, the employee’s follow-up medical care will transfer to a provider designated by the City. The employee agrees to keep all medical appointments and follow prescribed treatment plan restrictions for both work and personal activities. This does not preclude the employee from seeking emergency treatment from a physician of the employee's choice, or from being evaluated by a doctor of the employee's choice even while under treatment from the City's medical examiner. In such circumstances, other than 728
18 in emergency situations, use of a personal physician would be at employee's expense. If the employee is still in need of medical care thirty (30) days after the work related and reported injury, the employee has the right to be treated by a doctor of his/her choice.

All medical appointments related to industrial injuries must be scheduled during working hours.

Overtime compensation will not be available for medical appointments related to industrial injuries that are not scheduled during non-work hours.

12.1 Modified Duty
City and Union agree to the Modified Duty policy as stated in the Personnel Rules and Regulations, Rule 3.4.F that all modified duty need not be necessarily confined to the employee’s department. After a review of the doctor’s release to return to work, the employee’s capabilities and the needs of the City may result in assignment to another Department.

13. SPECIAL LEAVE

13.1 Miscellaneous Leave With Pay
An employee shall be granted leave of absence with full pay for:

1. Jury service;

2. Subpoena of him/her as a witness in a City matter; or

3. Attendance in court resulting from his/her official duties as assigned by the City Manager.

Paid leaves of absence will not apply if an absence for any of the above reasons falls on a day which is not a regularly scheduled work day, including flex days off.

Any extra compensation received by the employee for the above (travel time exempt) shall be remitted by the employee to the City.

Employees who appear in court as a plaintiff or defendant in any action not related to their official duties shall not be paid for time away from work, unless that time is previously approved in writing for the use of accumulated paid leave, except sick leave. Eligible employees may be allowed unpaid time off or use vacation leave, administrative leave, or compensatory time if summoned to appear in court as a witness in a non-City matter.

13.2 Leave of Absence Without Pay
The City Manager or designee may grant a full time regular employee a leave of absence without pay not to exceed one (1) year for non-medical purposes. Such leaves may be granted after vacation, administrative leave, holiday leave/bank, and compensatory leave accruals have been exhausted. Sick leave accruals may not be used for non-medical leaves.

Under no circumstances, unless approved by the Personnel Officer, may an employee use a leave of absence without pay for the purposes of working for another employer or to pursue selfemployment.

13.3 Family Care and Medical Leave
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19 Family leave shall be as identified in the City's Personnel Rules and Regulations entitled “Medical Leave,” Section 7.7.

14. BENEFITS AND INSURANCE

14.1 City Contribution
The City provides a monthly contribution to each eligible member of the unit to be used towards the Cafeteria Benefit Plan. These funds are to be used for eligible insurance plans included within the Cafeteria Plan or an individual account administered by the City. Cafeteria Plan options include health, dental, group term life, and supplemental disability and accident insurance.

Effective the first pay period commencing on or after December 1, 2023, the City shall provide 1,350.00 per month ($675.00 paid for the 1st or 2nd pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first pay period commencing on or after December 1, 2024, the City shall provide 1,450.00 per month ($725.00 paid for the 1st or 2nd pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Employees electing to opt out of medical coverage offered by the City because they have provided proof of medical coverage will receive a maximum opt out allowance of $1,000.00 per month.

Employees who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $1,000, shall be eligible to cash out the difference between $1,000 and the cost of the premium.

Employees hired after July 1, 2021 electing to opt out of medical coverage will receive a maximum opt out allowance of $500.00 per month. Employees hired after July 1, 2021 who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $500, shall be eligible to cash out the difference between $500 and the cost of the premium.

All employees must enroll in an available City health program unless they submit to the City both proof of health coverage and a signed health insurance waiver. Employees who fail to complete both requirements will not be allowed to utilize their Cafeteria Benefit Plan contributions for any other eligible plans. During the Open Enrollment periods only, the City reserves the right to require an employee to provide annual recertification of outside health coverage in order to continue to receive the cafeteria benefit. The City agrees to meet annually with SEIU prior to the City’s Open Enrollment period to discuss any changes to the design of any health plans, including anticipated changes in premiums.

The City may reopen negotiations at any time during the term of the MOU to discuss options for medical plans outside of CalPERS.

14.2 City Matching Contribution to Deferred Compensation Plan City agrees that effective in the first full pay period in January 2024, or earlier if the City can 730
20 implement this provision earlier, the City shall provide a matching contribution to an employee’s deferred compensation plan of up to one percent (1%) of the employee’s base salary. For example, if an employee earns $50,000 base salary per year and contributes $25 into their deferred compensation plan each pay period for a total of $650 annual contribution, the City will contribute $500 annually to the employee’s deferred compensation plan. $500 is one percent of $50,000. If the employee contributes $10 per pay period for a total of $260 annually, the City shall contribute $260 to the employee’s deferred compensation account.

14.3 Eligibility
When an employee commences work with the City, his/her benefit distribution selection shall become effective the first of the month following date of employment. Deductions for benefits shall be made one month in advance for which coverage is provided.

14.4 Selection
Employees will choose from available health insurance programs and/or health and dental plans at such times as carriers allow for open enrollment periods. Dependent coverage may be added or deleted between open enrollment periods subject to conditions imposed by the selected carriers.

14.5 Enrollment
The times at which enrollment in or withdrawal from the non-mandatory disability income insurance plan is authorized shall be established by City policy subject to requirements of the insurance carriers.

14.6 IRS Section 125 Plan
The City provides the IRS Section 125 Flexible Benefits Plan on a Citywide basis to all full-time regular employees. The City agrees to provide payroll deductions for participating employees, and make appropriate disbursements to the plan administrators. Selection of the plan administrator is the responsibility of the City. The City reserves the right to discontinue the Flexible Spending Plan program at the conclusion of the Plan year on October 31st, if there is insufficient Citywide employee participation to break even on administrative costs. In the current FSA Plan year, November 1st to October 31st, the City will pay the annual fee and the enrolled monthly employee administrative fee. Should fewer than ten employees’ Citywide sign-up for an FSA for the new plan year beginning November 1st of each Plan year, the City reserves the right to discontinue its participation in the Plan. The City shall provide a minimum of thirty (30) days’ notice to the Union prior to the effective date of any planned discontinuation of the IRS Section 125 Flexible Benefits Plan.

14.7State Disability Insurance (SDI)
The City shall participate in the employee-paid State Disability Insurance Program (SDI) for 731
21 represented General Unit Employees pursuant to applicable State regulations and the following provisions.

A. For purposes of this section only, the term “employee” shall include regular employees assigned to SEIU classifications.

B. If the bargaining unit chooses to withdraw from SDI after the required two (2) years, membership must present a majority petition indicating such desire.

C. All Unit employees will be automatically enrolled in SDI and premiums will be deducted from the paycheck.

D. The City will be responsible for making payments to SDI on behalf of Unit employees and for all any reporting requirements.

E. SDI is not a City-provided or administered benefit. Unit employees will be responsible for filing claims and requesting updates through SDI of their claim status. If an employee has an SDI questions, they will be required to contact and SDI directly at (800) 480-3287 or go to their website at www.edd.ca.gov.

F. Per State Regulation, benefits for employees not previously covered by SDI shall become effective seven (7) months after enrollment.

15. RETIREMENT

15.1 PERS Plan
The City shall provide for employee retirement benefits through participation in the Public Employee’s Retirement System (PERS) as follows:

A. For “Miscellaneous” employees hired prior to January 1, 2013, and for miscellaneous employees hired on or after January 1, 2013 who are considered “Classic Members” of CalPERS within the meaning of the Employees’ Pension Reform Act of 2013 (PEPRA) Miscellaneous members hired prior to March 20, 2006 will be provided with the 2.5% @ 55, Tier One (1) service retirement formula;
Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;
The retirement allowance will be computed on the highest one (1) year of compensation.

B. For “Miscellaneous” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA
Miscellaneous members will be provided with the 2 % @ 62 service retirement formula; 732
22 The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

15.2 Contribution to PERS
All New Members (as defined by PEPRA) hired by the City on or after January 1, 2013 will pay the full employee contribution, which will be one-half the normal cost rate as determined by CalPERS.

For employees who are members of the City’s 2.5% @ 55, Tier One (1) service retirement formula, the cost of the 8% employee contribution will be paid by the employee, through pretax payroll deduction.

For employees who are members of the City’s 2.0% @ 55, Tier Two (2) service retirement formula, the cost of the 7% employee contribution will be paid by the employee, through pretax payroll deduction.

16. WORKING CONDITIONS

16.1 Safe Working Conditions
The City shall provide safe working conditions for all Unit members as required by law. The City has established an Injury and Illness Prevention Program (IIPP). One of the objectives of this policy is to meet on a quarterly basis with General Safety Committee. The Union is authorized to have one-member representative (and one alternate) to serve on the General Safety Committee.

The Union will be responsible for providing the names of the member and one alternate to the City.

16.2 Work Site Safety Practices
Unit members shall cooperate with management in maintaining good work site safety practices in all facilities.

16.3 Reporting Unsafe Conditions
Unit members shall be responsible for reporting to their immediate supervisor any condition believed to be unsafe or unhealthy.

16.4 Investigations
The City will investigate such reports and take appropriate action to correct conditions found to be 733
23 unsafe or unhealthy.

16.5 Safety Equipment
The City will provide all necessary safety equipment as required by Section 6401 of the State Labor Codes, subject to any applicable legislation or judicial interpretation of that statute during the term of this Agreement.

16.6 Orientation Period
The orientation period of newly hired employees within the bargaining unit shall be six (6) months of paid service. At the discretion of the City Manager, the probationary period for a newly hired employee may be extended for up to an additional six (6) months from date of hire, if circumstances warrant, by giving notice to the employee fifteen (15) calendar days before the scheduled completion date of the normal probationary period. The probationary period for promoted employees shall be six (6) months of paid service. Rejection of probation shall be as set forth in the personnel rules and regulations as adopted by the City.

16.7 Layoff Procedure
Layoff procedures were adopted by the City Council as a citywide effort to provide a means to determine which employees are to be demoted or laid off when a reduction in force occurs. Layoff procedures are not exclusive to any bargaining unit, and are referenced in the Santa Paula Municipal Code (SPMC) §33.12. The City agrees to meet with SEIU to discuss any changes in layoff procedures prior to amending §33.12 of the SPMC.

The City may, after such consultation with the affected Union and bargaining units as may be required by law, consider alternative actions in order to minimize layoffs. The appointing authority will identify those classifications which will be reduced that will minimize the impact on the continued effectiveness of that Department and will meet the necessary reduction in force requirements as determined by the City.
a. Definitions. These definitions apply for purposes of layoff, displacement and reemployment:

1. SENIORITY - CITY SERVICE (“City Seniority”). The total continuous service in regular or probationary City employment including all positions held in the City work force. City of Santa Paula Paid-Call Fire Service experience is excluded in calculating City Seniority.

2. SENIORITY - CLASSIFICATION LENGTH OF SERVICE. (“Classification Seniority”) The total period of time (does not need to be continuous) an employee has been in a particular classification as a regular or probationary employee. 734
24 3. SENIORITY - FLEXIBLE STAFFING. For purposes of layoff and displacement, flexibly staffed classifications are considered as one classification. b. Notification.

1. Once the City has determined a preliminary plan for “Lay Off”, the City will notify the affected Unions and bargaining units and the City of Santa Paula will meet to discuss the impact this proposed plan will have on bargaining unit employees.

2. All regular City employees to be laid off will be given written notice from the Human Resources Department of the effective layoff date no less than fifteen (15) calendar days prior to the effective date. The City will provide a copy of the notice to the affected Union or bargaining unit via hand delivery or certified mail.

3. The written notice must inform the employee of applicable displacement and priority reemployment rights.
c. Reduction in Force. Once the classifications to be reduced have been identified, the reductions shall be by inverse seniority order within the groupings below in the following sequence:

1. Temporary employees in the identified classifications must be terminated.

2. Provisional employees in the identified classifications must be terminated.

3. Employees serving an initial probationary period in the identified classification must be terminated.

The Human Resources Manager must then determine the employee(s) to be laid off. Layoffs must be in the following order:

4. Regular employees who within the twenty-six (26) pay periods immediately prior to the effective date of layoff have had their merit increase withheld for reasons of “unsatisfactory” or “not effective” job performance.

5. Regular employees who within the twenty-six (26) pay periods immediately prior to the effective date of layoff received an overall “unsatisfactory” or “not effective” job performance evaluation (overall “not effective” is considered a summary rating of below 2.0 on evaluation form).

6. Regular employees with the least classification seniority.

7. If there are two or more employees to be laid off who have identical classification seniority, the order of layoff will be by City Seniority. If such City Seniority is also 735
25 identical, layoff must be determined by drawing of lots. For Fire Department employees only, in the event of a tie, the tie breaker will be the person’s final examination score on the certified eligibility list that determined their classification/rank. Any additional criteria as to seniority for Fire employees will be at the discretion of the Fire Chief. d. Exceptions to Layoff Seniority: Whenever the Human Resources Manager believes that the best interest of the City requires the retention of employees with special qualifications, characteristics, skills and fitness for the work, the Human Resources Manager may prepare a written request to the City Manager to grant an exception to the order of layoff after consultation with representatives of the recognized employee associations. e. Displacement Rights (Bumping):

1. Regular employees who are designated to be laid off and have held regular status in a previously held classification may demote into a vacant position or may displace employees in the previously held classification provided that the employee exercising the displacement privilege has greater City Seniority than the incumbent in the classification to which the employee is bumping and meets the current job requirements and any special skills required of the position. If the employee designated to be laid off has not held regular status in a previously held classification, then no displacement rights accrue to that individual.

2. Employees being displaced must be displaced in the same order as specified in Section c - Reduction in Force.

3. An employee must exercise displacement privileges within five (5) working days after receipt of a notice of layoff, by written notice to the Human Resources Manager. If displacement privileges are not exercised within the specified time period, they are automatically forfeited.
f. Demotions in lieu of Layoff.

1. An employee designated for layoff must be demoted into a vacant lower classification for which he/she has not held regular status if the following conditions are met:
a. The employee requests or otherwise agrees to the demotion, b. The employee meets the minimum qualifications of the lower position, and c. The City Manager concurs with the proposed action.
d. Employees who are not currently serving in the Fire Department in a sworn position at the time of layoff may not request demotion into the Fire Department in a sworn position.
e. Employees who are not currently serving in the Police Department in a sworn position at the time of the layoff may not request demotion into the Police Department in a sworn position.
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26 f. If there are two or more employees who meet the eligibility requirements specified in a – e above, and request demotion to the same position, the order of eligibility of demotion will be by City Seniority. If City Seniority is identical, demotion entitlement must be determined by drawing of lots. For Fire Department employees only, in the event of a tie, the tie breaker will be the person’s final examination score on the certified eligibility list that determined their classification/rank. Any additional criteria as to seniority for Fire employees will be at the discretion of the Fire Chief.

2. All employees who are demoted will be paid at the same rate of pay as prior to demotion, if, and only if, the base wage is within the range of the lower position. If this is not the case, the rate of pay must be within the salary range of the lower position which is closest to the rate of pay prior to demotion (see Rule 3.4(c) of the City’s Personnel Rules and Regulations).

3. An employee must accept a demotion within five (5) working days after receipt of a notice of demotion, by written notice to the Human Resources Manager. If acceptance is not exercised within the specified time period, an employee will automatically forfeit the ability to demote.
g. Transfers in lieu of Layoff.

1. An employee designated for layoff must be transferred to a vacant authorized position with the same maximum salary grade/range if the following conditions are met:
a. The employee requests or otherwise agrees to the
transfer,
b. The employee meets the minimum qualifications of
the position, and
c. The City Manager concurs with the proposed action.
d. Employees who are not currently serving in the Fire Department in a sworn position at the time of layoff may not request transfer into the Fire Department in a sworn position.
e. Employees who are not currently serving in the Police Department in a sworn position at the time of the layoff may not request transfer into the Police Department in a sworn position.
f. If there are two or more employees who meet the eligibility requirements specified in a – e above, and request transfer to the same position, the order of eligibility for transfer will be by City Seniority. If City Seniority is identical, transfer entitlement must be determined by drawing of lots. For Fire Department employees only, in the event of a tie, the tie breaker will be the person’s final 737
27 examination score on the certified eligibility list that determined their classification/rank. Any additional criteria as to seniority for Fire employees will be at the discretion of the Fire Chief.

2. Employees who are transferred will be paid at the base wage equal to the base wage prior to transfer.

3. An employee must accept a transfer within five (5) working days after notice of transfer is given, in writing to the Human Resources Manager. If acceptance is not exercised within the specified time period, an employee will automatically forfeit the ability to transfer. h. Reemployment List for Demoted Employees.

1. Employees who are demoted in lieu of layoff must have their names placed on a Reemployment List(s) for Demoted Employees. Employees must have their name placed on lists for classifications at the same or lower salary grade/range in the same classification series as the classification held at the time of the demotion or any classification in which the employee held regular status. Vacant positions within a classification series shall be first offered to employees on these lists.

2. Eligible employees will be placed on and selected off eligibility lists in the following order.
i. Employees with the greatest Classification Seniority. When the Classification Seniority is equal, the Human Resources Department must notify all those on the reemployment list with equal seniority of the reemployment opportunity and if reemployment interest is expressed, they will be interviewed and considered to fill the vacancy.
i. Reemployment List For Laid Off Employees.

1. Employees who are laid off and who held regular status at the time of layoff must have their names placed on a Reemployment List for each classification in which they previously held regular status and for classifications at the same or lower salary grade/range for which they meet minimum qualifications. Vacant positions in such classifications will be offered to eligible on the Reemployment List who qualify for such vacancies after employees on the Reemployment List for Demoted Employees and prior to an open or promotional recruitment for the vacancy.

2. Eligible employees will be placed on and selected off the list in the following order:
i. Employees with the greatest classification series seniority. When the classification series seniority is equal, the Human Resources 738
28 Department must notify all those on the reemployment list with equal seniority of the reemployment opportunity and if
reemployment interest is expressed, they will be interviewed and considered to fill the vacancy.
j. Duration of Reemployment Lists. The eligibility of the individual on the Reemployment Lists must extend for a period of one (1) year from the date of demotion or layoff. The reemployment list may be extended beyond one year based on the needs of the City as approved by the City Manager. Eligibles not responding to written notification of an opening within five (5) working days of receipt of notification must have their names removed from the Reemployment List. Eligible that refuse an offer of reemployment to the same classification (or equal classification) that they held at the time of layoff must have their names removed from the Reemployment List for that classification and all classifications at the same or lower salary grade/range. Once a person on a reemployment list is reinstated to a regular position as a result of his or her reemployment rights, his or her name will be removed from the reemployment list for the classification to which he or she was reinstated and from all reemployment lists for classifications at the same or lower salary range of the classification in which he or she was reinstated.

A list outlining the person’s status on all reemployment lists will be incorporated in the notice of the reemployment opportunity.
k. Restoration of Benefits Upon Reemployment Following a Reduction in Force.

Upon reemployment following a reduction in force, an individual will have the following benefits restored:

1. Prior sick leave balances and accrual rate at time of layoff.

2. Classification Seniority at time of layoff for purposes of determining merit increases and future reduction in force. City Seniority at the time of layoff for purposes of determining vacation leave accruals and future reduction in force.

3. No probationary period will apply upon reemployment or reappointment, in the case of demoted or laid off employees, unless the employee has never held regular status within the classification series for the classification the employee is appointed to.
.
l. Non-Discrimination in Reduction in Force. Layoffs and demotions which result from a reduction in force must be made without impermissible consideration being given to an employee’s race, color, religious belief, national origin/ancestry, ethnicity, gender, marital status, sexual orientation, age, disability (physical or mental), medical condition or union membership or lack thereof. m. Due Process Procedures
739
29 1. Pre-Layoff Procedural Due Process
a.) A regular employee will be provided the following safeguards prior to the implementation of a lay off:

1. A written notice of the proposed lay off;

2. The reasons for the proposed lay off;

3. The right to respond to the proposed layoff orally, in writing, or both to the applicable department head within seven (7) calendar days from the date of the written notice.
b.) The Department Head must consider the employee’s oral and/or written response and may render a reply with comments in writing within seven (7) calendar days after receiving the employee’s response.

2. Post-Layoff Procedural Due Process
If a regular employee believes the layoff is a pretext for discipline or in retaliation of protected activity, the employee has the right to request an appeal hearing with the Personnel Officer or his or her designee. The issue to be decided in the appeal hearing is limited to whether or not the layoff is a pretext for discipline or in retaliation for the protected activity and not based upon grounds such as a lack of work or appropriations of monies, or other reasons not related to fault, delinquency or misconduct on the part of the employee. The Employee has the burden of proof on that issue.

16.8 Cooling-Off Period
If an employee resigns from employment with the City, the City Manager or his or her designee may choose to make the resignation effective immediately regardless of any advance notice which may be provided by the employee. However, such an employee will be allowed a "cooling off' period of two working days within which to rescind their resignation. An employee who wishes to rescind his or her resignation must do so in writing and the writing must be delivered to the City Manager by the close of business on the second business day of the "cooling off' period. An employee who timely rescinds his or her resignation during the "cooling off' period shall not be considered to have been separated and shall be treated as if there was no break in service. Any time during which such an employee is absent from work as a result of resigning shall be unpaid.

17. DRUG AND ALCOHOL TESTING
The City must comply with Federal requirements on random drug and alcohol testing. City will continue to enforce the adopted City policy. Drug and alcohol testing will be conducted to ensure 740
30 compliance with the City’s Drug and Alcohol Policy, Personnel Rules and Regulations, Section

2.5; the Federal Drug Free Workplace Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. Drug and alcohol testing shall be performed using the standards approved by the U.S. Department of Transportation. Drug and alcohol testing is administered for preemployment, random testing (required for City employees holding a Commercial Driver’s License (CDL) Class A or Class B and driving a Commercial Motor Vehicle (CMV) required by the Omnibus Transportation Employee Testing Act of 1991 and for Safety Sensitive employees pursuant to the City’s policy), reasonable suspicion, post-accident, return-to-duty and follow-up testing as outlined in Section 2.5 G of the Personnel Rules and Regulations.

18. CONCERTEDACTIVITIES

18.1 Definition Strike/Work Stoppage
As used in this section, "strike or work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of including, influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment.

18.2 No Strike Clause
During the term of this MOU, it is agreed and understood that there will be no strike, work stoppage, slow down, or refusal to fully and faithfully perform job functions and responsibilities, or any interference with the operations of the City, or any concerted effort designed to improve its bargaining positions which interferes with, impedes or impairs City operation by the Union or by its officers, agents or members. The Union agrees that neither the Union nor its officers, agents or members will, in any manner whatsoever honor, assist or participate in any picketing activities, sanctions or any other form of interference with City operation by any other non-Unit employees or members of other employee associations or groups.

18.3 Lockout
During the term of this MOU, the City agrees not to engage in any lockout.

18.4 Court Enforcement
Furthermore, the Union and City agree that the provisions in this Article are enforceable in a court of law, once the grievance procedures have been exhausted.

19. GRIEVANCE
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Grievance Procedures, as set forth in the Personnel Rules and Regulations.

20. DISCIPLINARY ACTION
741
31 All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Disciplinary Procedures, as set forth in the Personnel Rules and Regulations.

21. COMPLETION OF MEET AND CONFER
The parties acknowledge that, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to meet and confer with respect to any subject explicitly addressed in this MOU.

It is recognized that during the term of this agreement, it may be necessary for Management to make changes in matters defined as within the scope of representation (pursuant to Government Code Section 3504), such as hours, working conditions, or rules governing employees. When Management finds it necessary to make such changes, it shall notify the Union in writing indicating the proposed change before it is implemented. If the Union requests, the parties shall expeditiously undertake negotiations regarding the effect the change would have on employees.

If the Union does not request negotiations, the change may be implemented. If the Union does request negotiations, any agreement resulting from such negotiations shall be reduced to writing.

Nothing herein shall limit Management's authority to make changes necessitated by an emergency and such changes will not extend beyond the duration of the emergency. In addition, Management will notify the Union of such changes as soon as practicable.

22. SEVERABILITY
If any provisions of this MOU are held to be contrary to law by a court of competent jurisdiction, such provisions will not be valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect; however, no provisions in this MOU shall be construed to result in an illegal discriminatory act based on race, creed, color, sex, national origin or other protected basis.

23. NON-DISCRIMINATION
The provisions of this MOU shall be applied equally to all employees covered hereby without favor or unlawful discrimination based on actual or perceived race, religious, creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation, or other factors not directly related to the successful performance of the job.

24. LIFE INSURANCE
The City agrees to provide bargaining unit employees with group term life insurance coverage of $100,000 for each employee and $5,000 for eligible dependents of each such employee.

24. TERM
This Agreement shall be in effect from July 1, 2023 through June 30, 2025. It shall continue in 742
32 effect thereafter from year to year unless either party gives one hundred twenty (120) days’ notice (March 2nd) prior to the yearly anniversary date, to terminate or modify this Agreement

25. FINALITY OF RECOMMENDATIONS
Upon ratification by the City Council and the Union membership, the recommendations set forth above are final. No changes or modifications shall be offered, urged or otherwise presented by said Union or the City Manager to the City Council for the period of the MOU except as mutually agreed upon by the Union and the City Manager.

FOR THE UNION (SEIU Local 721) FOR THE CITY OF SANTA PAULA __________________________ _______________________________ Aram Agdaian, SEIU Local 721 Irma Rodriguez Moisa
Chief Negotiator Chief Negotiator
________________________ _______________________________ Annette Nino Lorena Alvarez
Worksite Organizer Human Resources Manager
_________________________
Joe Byrum
Bargaining Team Member
___________________________
Frank Michl
Bargaining Team Member
____________________________
Martin Montelongo
Bargaining Team Member
743
33 POSITION CLASSIFICATION
300 SEIU
301 CUSTODIAN
302 CUST SERVICES REP
304 WATER DIST. OPERATOR I
305 LEAD PARK AND ABATEMENT SPECIALIST
307 ACCOUNTING SPECIALIST
309 ADMINISTRATIVE ASSISTANT
311 ANIMAL SERVICES COORDINATOR
313 SENIOR ADMINISTRATIVE ASST
314 WATER DISTRIBUTION OPERATOR II
315 MECHANIC I
318 WATER TREATMENT/PRODUCTION OPERATOR I
320 WATER TREATMENT/PRODUCTION OPERATOR II
321 WATER DISTRIBUTION OPERATOR III
322 LEAD WATER DISTRIBUTION OPERATOR
323 BUILDING INSPECTOR I
324 MECHANIC II
325 WATER DISTRIBUTION OPERATOR IV
326 BUILDING INSPECTOR II
328 ENGINEERING TECH/INSPEC
329 SENIOR ACCOUNTING TECHNICIAN
330 EQUIPMENT MAINT LEADWORKER
331 FACILITIES MAINT LEADWORKER
332 FACILITY MAINT WRK I (ENTRY)
333 FACILITY MAINT WRK II (JOURNEY)
334 MAINTENANCE WORKER I (ENTRY)
335 MAINTENANCE WORKER II (JOURNEY)
339 STREET MAINT LEADWORKER
340 WASTEWATER LEADWORKER
341 WASTEWTR COLL WORKER (ENTRY)
342 WASTEWTR COLL WRKR (JOURNEY)
343 COMMUNITY DEVELOPMENT TECHNICIAN
344 RECREATION PROGRAM COORDINATOR
345 PERMIT TECHNICIAN
346 ENGINEERING TECHNICIAN I
347 ENGINEERING TECHNICIAN II
350 WATER SERVICES OPERATOR I
351 WATER SERVICES OPEARTOR II
352 WATER SERVICES OPERATOR III
353 WATER SERVICES OPERATOR IV
744
1 MEMORANDUM OF UNDERSTANDING

The City Manager, or his/her designee, is the representative of the City of Santa Paula in employeremployee relations as authorized by the City Council.

Both parties recognize their mutual obligation to cooperate with each other to assure maximum service of the highest quality and efficiency to the citizens of Santa Paula.

This Memorandum of Understanding is subject to all existing laws of the United States of America, State of California, and the ordinances, resolutions and regulations of the City of Santa Paula. This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned regarding matters within the scope of representation for all employees within the bargaining unit for the contract years 2021-20232023 - 2025 commencing July 1, 2021 2023 and concluding June 30, 20232025.

UNDERSTANDING AND AGREEMENTS
The following understandings and agreements shall not become effective until ratified by the City Council:

Whenever a person is hired in any of the job classifications covered by this memorandum, City agrees to notify such person that Union is the recognized employee organization for employees in that classification.
.
745
2 1.1.1. UNION DUES DEDUCTION, COPE & INDEMNIFICATION AND NEW

C. Indemnification
The Union agrees to indemnify and hold the Employer harmless from any liabilities of any nature which may arise as a result of the application of provisions of this Article. 746
3 D. The City shall provide the Union written notice of both City-wide and department-level new employee orientations [no matter how few participants, and whether in person or online] at least 10 business days, or as soon as reasonably practical, prior to the event.

Union representatives shall be permitted to make a presentation of up to thirty (30) minutes, and present written materials, during a portion of the orientation for which attendance is mandatory. No management representative shall be present during the Union’s presentation. Release time shall be granted for the steward(s)a member to participate in the Union’s presentation of the new employee orientations. The Union will provide the City with a list of 3-4 member(s) that will participate in the Union’s presentation of the new employee orientations. “New hires” shall be defined to include any employee new to the bargaining unit, including, but not limited to, through accretion or promotion/demotion.

The parties agree that any disputes shall be subject to the City’s Grievance Procedure and shall be submitted at the first formal step of the Grievance Procedure.

2. UNION RIGHTS

2.2 Labor-Management Meetings

2.2.1 MOU Employee Representation
The formally recognized employee organization may select not more than three (3) employee members of such organization to attend scheduled meetings with the Municipal Employee Relations Officer or other management officials on subjects within the scope of representation during regular work hours without loss of compensation. The participation of additional employees is at the discretion of the employee organization (a maximum of two additional members) provided that they would not be eligible for compensation because the meeting in question was scheduled for the employees' nonwork hours and provided also they would not be eligible for any compensation for their attendance. Where circumstances warrant, the Municipal Employee Relations Officer may approve the attendance at such meetings of additional employee representatives 747
4 without loss of compensation. The employee organization must, whenever practicable, submit the names of all such employee representatives to the Municipal Employee Relations Officer at least two (2) working days in advance of such meetings. Provided further: 1) that no employee representative may leave his or her duty or work station or assignment without specific approval of his supervisor, department head or other authorized City management official, and 2) that any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules.

2.2.2 Consultation
During the term of this agreement, the City and Union agree that consultation meetings may contribute to improved employer-employee relations. Either party may request meetings.

2.343 Union Bulletin Boards
SEIU shall have a designated union bulletin board in every work facility or break room where represented employees work or congregate. The bulletin board and designated space shall not be less than 2’ x 3’ or more than 3’ x 4’. A copy of all material to be displayed upon the bulletin board shall be provided to the Human Resources Manager. The locations of the bulletin boards shall include but not be limited to the following locations: Public Works-Water Yard, Corporation Yard and Engineering Administration Office; City Hall, Police Department, Community Development Building and Community Center. Material shall be signed and dated by a steward/leader or staff of Local 721.

3. CITY RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, certain City rights will not be subject to the meet and confer process. These include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; withhold merit step salary increases related to job performance subject to the City's Personnel Rules and Regulations; determine the procedures and standard of selection for employment; promotion and transfer; direct employees, including scheduling and assigning work, work hours, and overtime as required in the manner most advantageous to the City. It is understood by the parties that every related duty connected with operations enumerated in job descriptions is not always specifically described; nevertheless, it is intended that all such duties shall be performed by the employee; establish employee performance standards and to require compliance therewith; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the 748
5 efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for, it being understood that it is not the City's intent to contract out any services currently being provided by employees in the representation unit; however, the City retains its management rights to investigate alternate options in the future; determine the content of job classifications; take all necessary actions to protect the public's health and safety and carry out its mission in emergencies; and exercise complete control and discretion over the technology of performing its work.

4. SALARY COMPENSATION

4.1 Salary Adjustments
Effective the first full pay period following July 1, 2023 ratification of this Agreement by SEIU and adoption of the Agreement by the City Council, Unit employees shall receive a two five percent (25.0%) cost of living adjustment to base wages.

In addition, all employees will receive one-time lump sum payment equivalent to a 2% base salary increase, prorated over the months that they were employed between March 1, 2020 through February 28, 2021.

In addition, all employees will receive $500 contribution to their deferred compensation account.

If the City is unable to make this $500 contribution to an employee’s deferred compensation account, then the City will make a payment in the equivalent amount to the employee.

Effective the first full pay period following July 1, 20222024, Unit employees shall receive a two four percent and one-half percent (2.54%) cost of living adjustment to base wages.

The above cost of living adjustments shall be inclusive of any adjustments made by Council to employee pay scales as part of the fiscal years 2021 through 2023 budget.

4.1.1 Merit Increase/Step Increase
Merit/step increases will become effective on the actual anniversary date of the employee.

4.3 Base Wages
Base wages shall mean the hourly rate of pay earned by a unit employee within a salary range assigned by the City to the classification occupied by the employee. Base wages do not include educational incentive, overtime pay, standby pay, bilingual pay, cafeteria plan monies, or other additional payments earned by a Unit employee pursuant to this MOU. Base wages shall be calculated by dividing an employee’s biweekly salary range by 80.

4.4 Regular Rate of Pay
A Unit employee’s regular rate of pay shall be calculated according to the provisions of the FLSA.

A Unit employee shall be compensated for overtime work at one and one-half times the employee’s regular rate of pay to the nearest quarter hour.

4.5 Direct Deposit
All employees hired after ratification of MOU, shall establish a direct deposit account in order to receive their paychecks.

5. HOURS OF WORK

An employee and a supervisor may agree to incidental flex time in which an employee works 750
7 variable work hours with corresponding flex hours off. All requests and approvals shall be in writing. Non-exempt employees must take all flex hours off within the forty (40) hour work week in which the variable hours are worked. Exempt employees must take all flex hours off within the eighty (80) hour work period in which the variable hours are worked. Employees who participate in an incidental flex time arrangement shall waive daily overtime for the time designated as flex time worked. Flex time may not be used to supplement or replace holiday leave pay.

A Department Head, with the approval of the City Manager and after conferring with the affected employees, may institute alternate work schedules. For the term of this Memorandum and except for bona fide emergencies, such schedules shall not be altered without first completing the meet and confer process with the Union. However, should such a schedule be implemented, overtime will be paid for time worked in excess of the alternate work schedule hours and will not be based on an eight (8) hour work day. Affected unit personnel in the City will be placed on a flexible time schedule for work hours where this schedule does not affect customer service and is appropriate.

Nonstandard hours and days of work for employees shall be as established in writing by the City Manager.

5.6 Reopener
The City may reopen negotiations at any time during the term of the MOU to discuss 4/10 work schedule.
751
8 6. OVERTIME

6.1 Overtime Definition
Overtime is defined as all hours worked in excess of an employee’s regularly scheduled workday or workweek. For purposes of determining OT, “hours worked” means hours the employee actually worked d expressly excludes paid time off for compensatory time off, vacation leave, jury duty and bereavement leave, sick leave or leave without pay.

Overtime will be paid in compliance with the FLSA at a rate of one and one-half (1 ½) times the employee’s regular rate of pay or a unit employee may choose in lieu of cash payment to be compensated for OT by the accumulation of compensatory time, at the rate of one and one-half (1 ½) hour’s compensatory time for each overtime hour actually worked. “Hours worked” means hours the employee actually worked as defined by the FLSA and expressly excludes paid time off for holidays, compensatory time off, vacation leave, jury duty and bereavement leave, sick leave or leave without pay for the purpose of calculating compensatory time. A maximum of forty (40) hours of compensatory time may be accrued in a calendar year.

6.2 Standby
Employees who the City expressly requires to remain available for contact and call-out for emergency call back, at times that the employee is not otherwise scheduled to be nor are on duty, shall be paid an additional salary of $50 per day on Saturdays, Sundays, City holidays, employee's flex day, and Fridays after their regularly schedule time stops and $25 30 per day all other periods for the hours that the employee remained available. This means that no employee shall be paid "stand by" pay at the same time that they are collecting "call back" pay. Employee's on-call hours shall not constitute hours worked under the Fair Labor Standards Act.

6.3 Callback
Employees who have completed a full shift and are called back for emergency overtime work, or are called back for emergency overtime work while on standby status, shall be paid at the rate of one and one half (1 ½) times the regular rate for all subsequent hours worked or a minimum of two (2) hours pay, whichever is greater. The "minimum of two hours pay" includes all call backs occurring within the two hour minimum period; therefore the "minimum of two hours pay" is not compensated on a "per occurrence" basis. No employee shall be paid for call back and standby pay simultaneously. This means that no employee shall be paid "stand by" pay at the same time that they are collecting "call back" pay.

The City has the exclusive right to determine the need for call back and the time of call back. 752
9 6.4 Limitation of Overtime
It is the policy of the City to keep all overtime usage to a minimum. This policy extends to all varieties of overtime usage including holdover, callback and standby. Prior written authorization of the Department Head must be secured and communicated to the employee.

Overtime shall be compensated to the nearest quarter hour (fifteen-15) minutes. This shall apply to accumulation of all overtime during a work week.

6.5 Special Events
Employees who work special events sponsored by the City may elect to earn compensatory time in lieu of overtime for hours worked exceeding the employee’s regularly scheduled workweek, subject to the forty (40) hour compensatory time accumulation per calendar year and the limitations on overtime specified in Section 6.1.

7. SHIFT DIFFERENTIALS

7.2 Work In Higher Class
An employee who is assigned to work in a higher position, 1) shall receive Acting Pay beginning at the start of the first full shift following 80 consecutive working hours of an Acting assignment, and 2) shall be paid for all time served in a subsequent Acting position if the employee has received Acting Pay for the same temporary classification within the preceding 12 months, and there are at least seven consecutive working days in the future Acting assignments. 753
10 The employee shall receive the salary rate of the higher class in which he or she is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the salary schedule of the higher classification, which will assure an increase of not less than five percent greater than the salary of his or her current salary step, but in no case shall such salary exceed the top salary step of the higher classification. The requirement for the performance of duties of the higher classification shall be placed in writing by the Personnel Officer following recommendation by the affected department head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualification of the higher classification by the Personnel Officer as recommended by the department head.

8. OTHER COMPENSATION AND BENEFITS

8.1 Tuition Reimbursement
Tuition reimbursement may be made up to $2,5003,000 per fiscal year in accordance with established City policy. It is the City's desire to encourage employees to further their education in order to excel in their profession. For this reason, the City Manager may authorize employees to take courses during the employee's normal work day for a limited duration, if alternate classes are not available (e.g. night classes not offered). All requests must first be made through the Department Head and forwarded to the City Manager for final approval prior to commencing the course. All approvals will be based on staffing levels of the department and effect of city operations.

8.2 Uniform Allowance
Unit employees in a Public Works and Parks & Recreation Maintenance classification (including Lead Park and Abatement Specialist, Mechanics and Water personnel), Building Inspectors, Permit Technicians, Records Clerk and Animal Control Officer classifications covered by this agreement who is required to have and maintain a uniform shall receive an allowance in the amount of $500 575 annually in year one of the MOU and $525 annually in year two of the MOU, to be paid to the employee bi-weekly installments. to be used exclusively for the purchase of work trousers and maintenance of uniforms (laundry, repairs, etc.).

Unit employees must abide by department uniform standards when purchasing trousers. The City will continue to supply shirts to employees on an as needed basis, not to exceed seven nine (79) shirts for Public Works and Community ServicesParks & Recreation Maintenance classifications (including, Lead Park and Abatement Specialists, Mechanics and Water personnel) employees and seven five (57) shirts for all other classifications who receive the uniform allowance in a fiscal year. The City will provide up to one (1) winter jacket on an as needed basis as determined by the Department Head.

Repair and/or replacement of uniforms and equipment damaged or destroyed in the performance of official duty will be paid by the City. Employees are permitted to use City uniforms and equipment 754
11 only while on the official duty of the City. Employees on sick leave, industrial disability leave, or leave of absence for more than four continuous weeks are not entitled to the uniform allowance for the period of time away from work.

Non-prescription safety glasses, gloves, vests, hard hats, jackets, hats and ear protection will be distributed by the Department Head on an as needed basis.

Public Works and Parks & Recreation Maintenance classifications (including, Lead Park and Abatement Specialists, Mechanics and Water personnel) Maintenance (including Mechanics), Water Distribution, Water Operations personnel, and the Engineering Technician/Inspector will be issued a purchase requisition not to exceed the amount of Two hundred and twenty-five dollars ($200225.00) to a vendor selected by the City when replacement prescription safety glasses are required, employees may also go to his/her own optometrist and submit a request for reimbursement through the Finance Department. Specifications will be determined by the City. One (1) pair of safety glasses will be provided as required every two years. Public Works and Parks & Recreation Maintenance classifications (including, Lead Park and Abatement Specialists, Mechanics and Water personnel) (including Mechanics), Water Distribution and Water Operations personnel, and the Engineering Technician/Inspector may request additional prescription safety glasses, provided they submit a written request to the Department Head who will conduct a complete investigation and will submit findings and recommendations to the City Manager for final approval. Eye examinations are the responsibility of the employee.

The safety boot reimbursement can be used to resole City provided safety boots and purchase safety boot accessories, including work socks, laces, insoles, waterproofing and/or care kits or an additional pair of safety boots as needed. Safety boot specifications will be determined by the City.

One (1) pair of safety boots will be provided as required between July 1 and June 30th. All represented employees required to wear safety boots may request one (1) additional pair of safety boots (as needed), not to exceed $225250.00, provided they submit a written request to the department head or designee, who will make a final determination.

8.3 Bilingual Pay
Employees may be eligible to receive bilingual pay of $50 per pay period ($1300 per year).

Employee eligibility will be determined by the Department Director and the operational needs of the department.

8.4 Emergency Disasters
755
12 Employees will be required to mark "overtime" versus "comp time" on their time sheets, when working during an emergency disaster. This change allows the City to be reimbursed through FEMA for employees’ work time.

2. State of California Department of Motor Vehicles Class “A” or “B” licenses as required and approved by the Department Head (including the cost of required physical examination).

3. Water Treatment Certification Grades T1, T2, T3, T4 and T5 issued by the California Department of Public Health as required by the job description.

4. Distribution System Certification Grades D1, D2, D3, D4 and D5 issued by the California Department of Public Health as required by the job description.

5. Certified Unified Program Agencies (CUPA) as required by the job description.

6. Arborist.

9. HOLIDAYS

For those unit personnel on flexible work schedules and who are already scheduled a "flex day" on the holiday, and for those employees who are not on flexible work schedules and work an eight (8) hour day, the extra hours in the Holiday Leave Bank would become floating holiday hours to be scheduled for to be scheduled for use throughout the year with the approval of their supervisor.

The banked holiday hours may be used for any purpose that vacation; sick and compensatory leave may be used for, as long as prior approval is gained from the supervisor.

Any extra floating holiday hours not used by the end of the calendar year would be carried over for ninety (90) days. If the employee does not use the hours by that date, they lose the carryover hours. The Holiday or Floating Holiday Leave Bank hours do not have a cash value. 756
13 If a holiday is worked, unit personnel receive pay at the overtime rate for all hours worked, in addition to straight time holiday pay. If an employee decides to use all the holiday leave bank which results in not having any holiday leave available for holidays, then the employee would then have to use vacation leave, compensatory leave, or leave without pay (according to the adopted leave without pay procedures) to cover time off on holidays where the City was closed. Employees would not have the option of working when the City was closed for a holiday if they did not have any time of leave time available. The following days are considered holidays:

The City will grant 4.5 hours off on New Year’s Eve afternoon when the holidays falls on a regularly scheduled work day. These hours are not part of the Holiday Bank and cannot be carried over to another work day. The intent is to close the City and give employees the afternoons off on those half days only when otherwise required to work, allowing staff to leave early if it is a workday, not carry over to another day.

10. VACATION

The use of the additional 40 hours can be used to quality for vacation buyback as outlined in section 10.3.1.

10.1.2 Vacation Leave will not accrue while an employee is on Leave of Absence without Pay.

If an employee transfers from one department within the City to another, the Vacation Leave credits shall also be transferred.

10.2 General Provisions

10.2.2 Vacation Usage
758
8311466.1 SA560-035
15 The times during which an employee may take vacation shall be as approved by the Supervisor, provided that if the requirements of the City service are such that part or all of an employee's vacation must be deferred beyond a calendar year, the employee may take vacation during the following calendar year. A Department Head may also approve vacation if the employee's Supervisor is unavailable or if the employee's immediate supervisor is a Department Head. In the event that an employee requests, but is repeatedly denied vacation, and if such denial would cause the employee to exceed the 280 hour limit, the City Manager may temporarily increase the vacation limit until a mutually agreed upon vacation can be scheduled.

10.3 Vacation Buyback
Should the revenues increase during the first half of the fiscal year, the City agrees to meet with SEIU to re-consider a partial or full vacation/comp buyback.

Unit employees may buyback vacation and/or comp leave with continuous years of service as follows:

Less than five years: up to 40 hours
Five years, but less than 10 years: up to 60 hours
More than 10 years: up to 80 hours

1. Employee must have taken a minimum of forty (40) hours of vacation leave during the period November 1st - October 31st prior to submitting the request. 759
8311466.1 SA560-035
16 2. Employee must maintain a minimum balance of 100 hours of vacation leave after submitting the request.

11. SICK LEAVE

11.1 General

1. No one can, by use of this transfer, reduce his or her accrued vacation and sick leave to less than 40.0 hours in each bank.

2. All such transfers shall be approved by the Personnel Officer or his/her designee.

3. All transfers shall be anonymous to the transferee.

Bereavement leave or special sick leave, in case of death of other persons, may be granted only upon approval of the City Manager.

11.7 Exhaustion of Sick Leave
When an employee is on sick leave status and such sick leave time due the employee has been exhausted, subsequent leave of absence shall first be charged to compensatory time accruals and then to vacation accruals.

11.8 Doctor/Dentist Visits
Sick leave may be used for doctor or dentist visits or to obtain medical or dental care, subject to advance approval by the Department Head.

12. INDUSTRIAL ACCIDENT LEAVE
When an employee sustains an accident which results in an injury or illness arising out of and in the cause of employment which is compensable under the State Workers' Compensation Act and which injury or illness necessitates the employee's absence from work, the first three (3) calendar 761
18 days of such absence shall be deemed to be Industrial Leave and the employee shall receive his/her regular salary for any regularly scheduled work days occurring within the three (3) day period following the date of such injury or illness, providing the injury or illness was not due to the employee's gross negligence or and that such absence from work is substantiated by a statement of a licensed physician certifying that the nature of the illness or injury is sufficiently sever to require the employee to be absent from his/her responsibilities for a rehabilitative period. (Wages for the day of the injury will be paid for the regularly scheduled hours worked and is not a day of absence for leave purposes.)
If the employee is not able to return to work after three (3) calendar days of Industrial Leave following the day of the injury or illness, the employee shall then be eligible leave under the Family Medical Leave Act (FMLA), if qualified. The employee is permitted the option of taking leave without pay from the City while receiving those benefits allowed by the provisions of the State Workers' Compensation Act, or the employee may integrate his/her accumulated Sick Leave or Vacation Leave to his/her credit, with temporary disability benefits paid under the State Workers Compensation Act. In no instance shall an employee receive dual compensation from the City and the Workers' Compensation Insurance Fund.

The employee has the right to notify the City, in writing, prior to an injury, of his/her choice of physician should the employee be injured. The pre-designated medical provider must meet the requirements of CCC §9783 and agree to treat the employee for work related injuries. If the employee does not make this prior notification, the City has the right to require that the treatment be provided by a City designated medical examiner during the first thirty (30) days after the injury in accordance with Sections 4600 and 4601 of the Labor Code. If treatment is required on an emergency basis, and obtained from a non-City provider, the employee’s follow-up medical care will transfer to a provider designated by the City. The employee agrees to keep all medical appointments and follow prescribed treatment plan restrictions for both work and personal activities. This does not preclude the employee from seeking emergency treatment from a physician of the employee's choice, or from being evaluated by a doctor of the employee's choice even while under treatment from the City's medical examiner. In such circumstances, other than in emergency situations, use of a personal physician would be at employee's expense. If the employee is still in need of medical care thirty (30) days after the work related and reported injury, the employee has the right to be treated by a doctor of his/her choice.

All medical appointments related to industrial injuries must be scheduled during working hours.

Overtime compensation will not be available for medical appointments related to industrial injuries that are not scheduled during non-work hours.

13. SPECIAL LEAVE13.1 Miscellaneous Leave With Pay
An employee shall be granted leave of absence with full pay for:
762
19 1. Jury service;

2. Subpoena of him/her as a witness in a City matter; or

3. Attendance in court resulting from his/her official duties as assigned by the City Manager.

Paid leaves of absence will not apply if an absence for any of the above reasons falls on a day which is not a regularly scheduled work day, including flex days off.

Any extra compensation received by the employee for the above (travel time exempt) shall be remitted by the employee to the City.

Under no circumstances, unless approved by the Personnel Officer, may an employee use a leave of absence without pay for the purposes of working for another employer or to pursue selfemployment.

13.3 Family Care and Medical Leave
Family leave shall be as identified in the City's Personnel Rules and Regulations entitled “Medical Leave,” Section 7.7.

14. BENEFITS AND INSURANCE

Effective the first pay period commencing on or after July 1, 2021, and following ratification and approval of this MOU, the City shall provide 1,100.00 per month ($550.00 paid for the 1st or 2nd 763
20 pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first pay period commencing on or after December 1, 20212023, the City shall provide 1,350200.00 per month ($600675.00 paid for the 1st or 2nd pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first pay period commencing on or after December 1, 20222024, the City shall provide 1,250450.00 per month ($625725.00 paid for the 1st or 2nd pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Employees electing to opt out of medical coverage offered by the City because they have provided proof of medical coverage will receive a maximum opt out allowance of $1,000.00 per month.

New employees Employees hired after July 1, 2021 and who have not received an offer of employment prior to adoption of this MOU electing to opt out of medical coverage will receive a maximum opt out allowance of $500.00 per month. Employees hired after July 1, 2021 who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $500, shall be eligible to cash out the difference between $500 and the cost of the premium.

The City may reopen negotiations at any time during the term of the MOU to discuss options for medical plans outside of CalPERS.

14.2 City Matching Contribution to Deferred Compensation Plan City agrees that effective in the first full pay period in January 2024, or earlier if the City can implement this provision earlier, the City shall provide a matching contribution to an employee’s deferred compensation plan of up to one percent (1%) of the employee’s base salary. For example, if an employee earns $50,000 base salary per year and contributes $25 into their deferred compensation plan each pay period for a total of $650 annual contribution, the City will contribute $500 annually to the employee’s deferred compensation plan. $500 is one percent of $50,000. If the employee contributes $10 per pay period for a total of $260 annually, the City shall contribute $260 to the employee’s deferred compensation account. 764
21 14.3 Eligibility
When an employee commences work with the City, his/her benefit distribution selection shall become effective the first of the month following date of employment. Deductions for benefits shall be made one month in advance for which coverage is provided.

14.3 4 Selection
Employees will choose from available health insurance programs and/or health and dental plans at such times as carriers allow for open enrollment periods. Dependent coverage may be added or deleted between open enrollment periods subject to conditions imposed by the selected carriers.

14.4 5 Enrollment
The times at which enrollment in or withdrawal from the non-mandatory disability income insurance plan is authorized shall be established by City policy subject to requirements of the insurance carriers.

14.5 6 IRS Section 125 Plan
The City provides the IRS Section 125 Flexible Benefits Plan on a Citywide basis to all full-time regular employees. The City agrees to provide payroll deductions for participating employees, and make appropriate disbursements to the plan administrators. Selection of the plan administrator is the responsibility of the City. The City reserves the right to discontinue the Flexible Spending Plan program at the conclusion of the Plan year on October 31st, if there is insufficient Citywide employee participation to break even on administrative costs. In the current FSA Plan year, November 1st to October 31st, the City will pay the annual fee and the enrolled monthly employee administrative fee. Should fewer than ten employees’ Citywide sign-up for an FSA for the new plan year beginning November 1st of each Plan year, the City reserves the right to discontinue its participation in the Plan. The City shall provide a minimum of thirty (30) days’ notice to the Union prior to the effective date of any planned discontinuation of the IRS Section 125 Flexible Benefits Plan.

14.7State Disability Insurance (SDI)
The City shall participate in the employee-paid State Disability Insurance Program (SDI) for represented General Unit Employees pursuant to applicable State regulations and the following provisions.

A. For purposes of this section only, the term “employee” shall include regular employees assigned to SEIU classifications.

B. If the bargaining unit chooses to withdraw from SDI after the required two (2) years, membership must present a majority petition indicating such desire.

C. All Unit employees will be automatically enrolled in SDI and premiums will be deducted from the paycheck.
765
22 D. The City will be responsible for making payments to SDI on behalf of Unit employees and for all any reporting requirements.

F. Per State Regulation, benefits for employees not previously covered by SDI shall become effective seven (7) months after enrollment.

15. RETIREMENT

15.1 PERS Plan
The City shall provide for employee retirement benefits through participation in the Public Employee’s Retirement System (PERS) as follows:

B. For “Miscellaneous” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA
Miscellaneous members will be provided with the 2 % @ 62 service retirement formula; The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

15.2 Contribution to PERS
Effective the first full pay period following adoption of this MOU, the City will cease paying any portion of the member’s employee contribution to CalPERS. 766
23 All New Members (as defined by PEPRA) hired by the City on or after January 1, 2013 will pay the full employee contribution, which will be one-half the normal cost rate as determined by CalPERS.

16. WORKING CONDITIONS

The Union will be responsible for providing the names of the member and one alternate to the City.

16.2 Work Site Safety Practices
Unit members shall cooperate with management in maintaining good work site safety practices in all facilities.

16.3 Reporting Unsafe Conditions
Unit members shall be responsible for reporting to their immediate supervisor any condition believed to be unsafe or unhealthy.

16.4 Investigations
The City will investigate such reports and take appropriate action to correct conditions found to be unsafe or unhealthy.

16.5 Safety Equipment
The City will provide all necessary safety equipment as required by Section 6401 of the State Labor 767
24 Codes, subject to any applicable legislation or judicial interpretation of that statute during the term of this Agreement.

3. SENIORITY - FLEXIBLE STAFFING. For purposes of layoff and displacement, flexibly staffed classifications are considered as one classification. b. Notification.
768
25 1. Once the City has determined a preliminary plan for “Lay Off”, the City will notify the affected Unions and bargaining units and the City of Santa Paula will meet to discuss the impact this proposed plan will have on bargaining unit employees.

1. Temporary employees in the identified classifications must be terminated.

2. Provisional employees in the identified classifications must be terminated.

3. Employees serving an initial probationary period in the identified classification must be terminated.

The Human Resources Manager must then determine the employee(s) to be laid off. Layoffs must be in the following order:

6. Regular employees with the least classification seniority.

7. If there are two or more employees to be laid off who have identical classification seniority, the order of layoff will be by City Seniority. If such City Seniority is also identical, layoff must be determined by drawing of lots. For Fire Department employees only, in the event of a tie, the tie breaker will be the person’s final examination score on the certified eligibility list that determined their classification/rank. Any additional criteria as to seniority for Fire employees will be at the discretion of the Fire Chief. 769
26 d. Exceptions to Layoff Seniority: Whenever the Human Resources Manager believes that the best interest of the City requires the retention of employees with special qualifications, characteristics, skills and fitness for the work, the Human Resources Manager may prepare a written request to the City Manager to grant an exception to the order of layoff after consultation with representatives of the recognized employee associations. e. Displacement Rights (Bumping):

2. Employees being displaced must be displaced in the same order as specified in Section c - Reduction in Force.

1. An employee designated for layoff must be demoted into a vacant lower classification for which he/she has not held regular status if the following conditions are met:
a. The employee requests or otherwise agrees to the demotion, b. The employee meets the minimum qualifications of the lower position, and c. The City Manager concurs with the proposed action.
d. Employees who are not currently serving in the Fire Department in a sworn position at the time of layoff may not request demotion into the Fire Department in a sworn position.
e. Employees who are not currently serving in the Police Department in a sworn position at the time of the layoff may not request demotion into the Police Department in a sworn position.
f. If there are two or more employees who meet the eligibility requirements specified in a – e above, and request demotion to the same position, the order of eligibility of demotion will be by City Seniority. If City Seniority is identical, demotion entitlement must be determined by drawing of lots. For Fire Department employees only, in the event of a tie, the tie breaker will be the person’s final examination score on the certified eligibility list that determined their classification/rank. Any 770
27 additional criteria as to seniority for Fire employees will be at the discretion of the Fire Chief.

1. An employee designated for layoff must be transferred to a vacant authorized position with the same maximum salary grade/range if the following conditions are met:
a. The employee requests or otherwise agrees to the
transfer,
b. The employee meets the minimum qualifications of
the position, and
c. The City Manager concurs with the proposed action.
d. Employees who are not currently serving in the Fire Department in a sworn position at the time of layoff may not request transfer into the Fire Department in a sworn position.
e. Employees who are not currently serving in the Police Department in a sworn position at the time of the layoff may not request transfer into the Police Department in a sworn position.
f. If there are two or more employees who meet the eligibility requirements specified in a – e above, and request transfer to the same position, the order of eligibility for transfer will be by City Seniority. If City Seniority is identical, transfer entitlement must be determined by drawing of lots. For Fire Department employees only, in the event of a tie, the tie breaker will be the person’s final examination score on the certified eligibility list that determined their classification/rank. Any additional criteria as to seniority for Fire employees will be at the discretion of the Fire Chief.

2. Employees who are transferred will be paid at the base wage equal to the base wage prior to transfer.
771
28 3. An employee must accept a transfer within five (5) working days after notice of transfer is given, in writing to the Human Resources Manager. If acceptance is not exercised within the specified time period, an employee will automatically forfeit the ability to transfer. h. Reemployment List for Demoted Employees.

2. Eligible employees will be placed on and selected off the list in the following order:
i. Employees with the greatest classification series seniority. When the classification series seniority is equal, the Human Resources Department must notify all those on the reemployment list with equal seniority of the reemployment opportunity and if
reemployment interest is expressed, they will be interviewed and considered to fill the vacancy.
772
29 j. Duration of Reemployment Lists. The eligibility of the individual on the Reemployment Lists must extend for a period of one (1) year from the date of demotion or layoff. The reemployment list may be extended beyond one year based on the needs of the City as approved by the City Manager. Eligibles not responding to written notification of an opening within five (5) working days of receipt of notification must have their names removed from the Reemployment List. Eligible that refuse an offer of reemployment to the same classification (or equal classification) that they held at the time of layoff must have their names removed from the Reemployment List for that classification and all classifications at the same or lower salary grade/range. Once a person on a reemployment list is reinstated to a regular position as a result of his or her reemployment rights, his or her name will be removed from the reemployment list for the classification to which he or she was reinstated and from all reemployment lists for classifications at the same or lower salary range of the classification in which he or she was reinstated.

Upon reemployment following a reduction in force, an individual will have the following benefits restored:

1. Prior sick leave balances and accrual rate at time of layoff.

1. Pre-Layoff Procedural Due Process
a.) A regular employee will be provided the following safeguards prior to the implementation of a lay off:
773
30 1. A written notice of the proposed lay off;

2. The reasons for the proposed lay off;

17. DRUG AND ALCOHOL TESTING
The City must comply with Federal requirements on random drug and alcohol testing. City will continue to enforce the adopted City policy. Drug and alcohol testing will be conducted to ensure compliance with the City’s Drug and Alcohol Policy, Personnel Rules and Regulations, Section

2.5; the Federal Drug Free Workplace Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. Drug and alcohol testing shall be performed using the standards approved by the U.S. Department of Transportation. Drug and alcohol testing is administered for preemployment, random testing (required for City employees holding a Commercial Driver’s License (CDL) Class A or Class B and driving a Commercial Motor Vehicle (CMV) required by the 774
31 Omnibus Transportation Employee Testing Act of 1991 and for Safety Sensitive employees pursuant to the City’s policy), reasonable suspicion, post-accident, return-to-duty and follow-up testing as outlined in Section 2.5 G of the Personnel Rules and Regulations.

18. CONCERTEDACTIVITIES

18.3 Lockout
During the term of this MOU, the City agrees not to engage in any lockout.

18.4 Court Enforcement
Furthermore, the Union and City agree that the provisions in this Article are enforceable in a court of law, once the grievance procedures have been exhausted.

19. GRIEVANCE
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Grievance Procedures, as set forth in the Personnel Rules and Regulations.

20. DISCIPLINARY ACTION
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Disciplinary Procedures, as set forth in the Personnel Rules and Regulations.

21. COMPLETION OF MEET AND CONFER
The parties acknowledge that, for the life of this Agreement, each voluntarily and unqualifiedly 775
32 waives the right to meet and confer with respect to any subject explicitly addressed in this MOU.

If the Union does not request negotiations, the change may be implemented. If the Union does request negotiations, any agreement resulting from such negotiations shall be reduced to writing.

24. LIFE INSURANCE
The City agrees to provide bargaining unit employees with group term life insurance coverage of $100,000 for each employee and $5,000 for eligible dependents of each such employee.

25. FINALITY OF RECOMMENDATIONS
776
33 Upon ratification by the City Council and the Union membership, the recommendations set forth above are final. No changes or modifications shall be offered, urged or otherwise presented by said Union or the City Manager to the City Council for the period of the MOU except as mutually agreed upon by the Union and the City Manager.

FOR THE UNION (SEIU Local 721) FOR THE CITY OF SANTA PAULA __________________________ _______________________________ Aram Agdaian, SEIU Local 721 Roger CrawfordIrma Rodriguez Moisa Chief Negotiator Chief Negotiator
________________________ _______________________________ Joe ByrumAnnette Nino Lorena Alvarez
Bargaining Team Member Worksite Organizer Human Resources Manager _________________________ _______________________________ Frank MichlJoe Byrum Christy Ramirez
Bargaining Team Member Finance Director
___________________________
Michelle TanakaFrank Michl
Bargaining Team Member
____________________________
Martin Montelongo
Bargaining Team Member
777
34 EXHIBIT “A”

POSITION CLASSIFICATION
300 SEIU
301 CUSTODIAN
302 CUST SERVICES REP
304 WATER DIST. OPERATOR I
305 LEAD PARK AND ABATEMENT SPECIALIST
307 ACCOUNTING SPECIALIST
309 ADMINISTRATIVE ASSISTANT
311 ANIMAL SERVICES COORDINATOR
313 SENIOR ADMINISTRATIVE ASST
314 WATER DISTRIBUTION OPERATOR II
315 MECHANIC I
318 WATER TREATMENT/PRODUCTION OPERATOR I
320 WATER TREATMENT/PRODUCTION OPERATOR II
321 WATER DISTRIBUTION OPERATOR III
322 LEAD WATER DISTRIBUTION OPERATOR
323 BUILDING INSPECTOR I
324 MECHANIC II
325 WATER DISTRIBUTION OPERATOR IV
326 BUILDING INSPECTOR II
328 ENGINEERING TECH/INSPEC
329 SENIOR ACCOUNTING TECHNICIAN
330 EQUIPMENT MAINT LEADWORKER
331 FACILITIES MAINT LEADWORKER
332 FACILITY MAINT WRK I (ENTRY)
333 FACILITY MAINT WRK II (JOURNEY)
334 MAINTENANCE WORKER I (ENTRY)
335 MAINTENANCE WORKER II (JOURNEY)
339 STREET MAINT LEADWORKER
340 WASTEWATER LEADWORKER
341 WASTEWTR COLL WORKER (ENTRY)
342 WASTEWTR COLL WRKR (JOURNEY)
343 COMMUNITY DEVELOPMENT TECHNICIAN
778
35 344 RECREATION PROGRAM COORDINATOR
345 PERMIT TECHNICIAN
346 ENGINEERING TECHNICIAN I
347 ENGINEERING TECHNICIAN II
350 WATER SERVICES OPERATOR I
351 WATER SERVICES OPEARTOR II
352 WATER SERVICES OPERATOR III
353 WATER SERVICES OPERATOR IV
779
To: Honorable Mayor and Members of the City Council
From: Lorena Alvarez, Human Resources Manager
Subject:
2023-2025 MEMORANDUM OF UNDERSTANDING WITH THE

SUPERVISORY & PROFESSIONAL ASSOCIATION
Date: June 21, 2023
Agenda Item: 10.T

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:
(1) Approve Resolution No. 7462, approving the Memorandum of Understanding between the City of Santa Paula and the Supervisory & Professional Association for the period of July 1, 2023 through June 30, 2025.

BACKGROUND:

The current Memorandum of Understanding (MOU) with the Supervisory Professional Association (SPA) is due to expire on June 30, 2023. In compliance with the Meyers-Milias Brown Act (MMBA), the City negotiations team commenced negotiations with the SPA towards a successor MOU and have been meeting and conferring in good faith regarding wages, benefits and other terms and conditions of employment. These negotiations were based upon direction provided by the City Council in closed session during the negotiations process.

The Supervisory & Professional membership ratified the tentative agreement on June 12, 2023. This action tonight, seeks City Council approval of the terms and conditions negotiated.

ANALYSIS:

The current Memorandum of Understanding (MOU) with Supervisory & Professional Association will expire on June 30, 2023. The City’s negotiations team and the SPA representatives have reached a two-year agreement with a 9% cost-of-living adjustment (COLA) over the term of the agreement.

In recognition of the difficulty that the City has had during the term of the current MOU in recruiting and retaining talent for classifications identified in the Supervisory & Professional Association, in addition to the COLA's identified in this report, the City has agreed to a $3500 Retention Bonus over the term of the agreement.

The attached resolution implements the tentative agreement reached with Supervisory & 780
Professional Association.

Below are key items that have been negotiated:

Term of the Agreement shall be from July 1, 2023 through June 30, 2025.

Effective the first full pay period following July 1, 2023 ratification of this Agreement by SPA and adoption of the Agreement by the City Council, Unit employees shall receive a five percent (5.0%) cost of living adjustment to base wages or salaries, as applicable.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base wages or salaries, as applicable.

Retention Bonus: a $1500.00 Retention Bonus will be payable in the first pay period in December 2023 for employees employed with the City from at least January 3, 2023 to December 1, 2023. A second $2000.00 Retention Bonus will be payable in the first pay period in December 2024 for employees who received the first retention bonus and are still employed by the City as of December 1, 2024.

Phased Cafeteria increase from $1250.00 to $1450.00 over the term of the contract.

City matching Deferred Compensation Plan contribution of up to 1% of the employee’s base salary.

Tuition Reimbursement Assistance increase from $2500.00 to $3000.00 per fiscal year.

Uniform Allowance increase from $525.00 to $575.00 annually.

Safety Boot Allowance increase from $225.00 to $250.00 annually.

New Year's Eve has been added as a City Observed Holiday.

STRATEGIC PLAN:

This item/action supports the City Council's goal of employee retention under the "Operational Excellence" of the two-year Strategic Plan by striving to develop and maintain a competitive compensation package for employees.

FISCAL IMPACTS:

OPTIONS:

1. Approve Resolution No. 7462, approving the Memorandum of Understanding between the City of Santa Paula and the Supervisory & Professional Association for the period of July 1, 2023 through June 30, 2025.

2. Provide alternative direction to staff.

ATTACHMENTS:

Resolution No. 7462.doc
Exhibit A to Resolution No. 7462.doc
Redlined-MOU.pdf
781
RESOLUTION NO. 7462

A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR THE CONTRACT YEAR 2023-2025 BETWEEN THE CITY OF SANTA

PAULA AND THE SUPERVISORY AND PROFESSIONAL ASSOCIATION
The City Council for the City of Santa Paula does resolve as follows:

SECTION 1: The City Council finds as follows:

A. The City, acting by and through its City Council appointed negotiation team, and representatives of the Supervisory & Professional Association, a duly recognized employee organization representing the City of Santa Paula’s Supervisory & Professional employees, met and conferred in good faith and fully communicated and exchanged information concerning wages, hours and the terms and conditions of employment for contract years 2023-2025.

SECTION 2: The City Council approves the Memorandum of Understanding for Contract Year 2023-2025 between the City of Santa Paula and the Supervisory & Professional Association. The City Manager is authorized to execute the MOU on the City’s behalf and any ancillary documents necessary to implement the MOU.

SECTION 3: This Resolution will become effective as identified in Exhibit A, immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 4: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. 782
PASSED, AND ADOPTED, this 21th day of June, 2023.
____________________
Andy Sobel, Mayor
City of Santa Paula
ATTEST:
_________________________
Julie Latshaw, City Clerk
Approved as to form:
_______________________________
Monica Castillo, City Attorney
Approved as to content:
_______________________________
Dan Singer, City Manager
783
784
1 MEMORANDUM OF UNDERSTANDING

SUPERVISORY & PROFESSIONAL ASSOCIATION

PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) by and between the City Council of the City of Santa Paula, hereinafter designated “City,” and the Management: Supervisory & Professional Association, hereinafter designated “Association” or “Unit”.

The City Manager, or his/her designee, is the representative for the City of Santa Paula in employeremployee relations as authorized by the City Council.

The parties have negotiated in good faith regarding wages, hours and other terms and conditions of employment for the employees in said Association; have exchanged freely information, opinions and proposals; and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

Both parties recognize their mutual obligation to cooperate with each other to assure maximum service of the highest quality and efficiency to the citizens of Santa Paula.

This Memorandum of Understanding is subject to all existing laws of the United States of America, State of California, and the ordinances, resolutions and regulations of the City of Santa Paula. This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned regarding matters within the scope of representation for all employees within the Association for the contract year 2023 - 2025, commencing July 1, 2023, and continuing through June 30, 2025.

UNDERSTANDING AND AGREEMENTS
The following understanding and agreements shall not become effective until ratified by the City Council:

1. EXCLUSIVE REPRESENTATION
This memorandum covers employees in the Management: Supervisory & Professional Association as represented by Association which has been certified as the recognized employee organization. The list of represented classes is set forth in Appendix A, herein.

Whenever a person is hired in any of the job classifications covered by this memorandum, City agrees to notify such person that the Association is the recognized employee organization for employees in that classification.
785
2 1.1 Non-Discrimination
The City and the Association stipulate that the provisions of this agreement will apply equally to all employees covered herein without favor or discrimination because of race, religion, color, creed, national origin, sex, sexual orientation, marital status, age, mental or physical disability, and/or any other category protected by federal or state law.

2. ASSOCIATION RIGHTS

2.1 Labor-Management Meetings
MOU Employee Representation
The formally recognized employee organization may select not more than three (3) employee members of such organization to attend scheduled meetings with the Municipal Employee Relations Officer or other management officials on subjects within the scope of representation during regular work hours without loss of compensation. The participation of additional employees is at the discretion of the employee organization (a maximum of two (2) additional members) provided that they would not be eligible for compensation because the meeting in question was scheduled for the employees’ non-work hours and provided also they would not be eligible for any compensation for their attendance. Where circumstances warrant, the Municipal Employee Relations Officer may approve the attendance at such meetings of additional employee representatives without loss of compensation. The employee organization must, whenever practicable, submit the names of all such employee representatives to the Municipal Employee Relations Officer at least two (2) working days in advance of such meetings. Provided further: 1) that no employee representative may leave his or her duty or work station or assignment without specific approval of his supervisor, Department Head or other authorized City management official, and 2) that any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules.

Consultation
During the term of this agreement, the City and Association agree that consultation meetings may contribute to improved employer-employee relations. Either party may request meetings. The party requesting the meeting shall submit a proposed agenda. With the concurrence of the receiving party, a date, time and location of the requested meeting may be set. It is not intended that any such labor-management meetings be for discussion of issues handled under other provisions herein or other documents setting forth prescribed meeting procedures such as grievance or disciplinary procedures. Meeting attendees will be those that have been designated as Association representatives as defined above. 786
3 2.2 Association Information
Association materials provided by the Association will be provided to eligible employees as a part of the new orientation process. The Association will be responsible for supplying materials.

2.3 Association Release Time
Supervisory & Professional Association designated members (maximum of 3) shall be allowed to utilize a cumulative total of twenty (20) hours per fiscal year of release time without loss of compensation or other benefits for Association business including, but not limited to meeting and conferring with representatives of the City on matters within the scope of representation. Release time shall be granted subject to minimum staffing requirements of the Department and is subject to Department Head or designee approval.

When possible a seven (7) day advance notice shall be given to the Department Head or designee.

3. CITY RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, certain City rights will not be subject to the meet and confer process. These include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; withhold merit step salary increases related to job performance subject to the City’s Personnel Rules and Regulations; determine the procedures and standard of selection for employment, promotion and transfer; direct employees, including scheduling and assigning work, work hours, and overtime as required in the manner most advantageous to the City. It is understood by the parties that every related duty connected with operations enumerated in job descriptions is not always specifically described; nevertheless, it is intended that all such duties shall be performed by the employee; establish employee performance standards and to require compliance therewith; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for, it being understood that it is not the City’s intent to contract out any services currently being provided by employees in the representation unit; however, the City retains its management rights to investigate alternate options in the future; determine the content of job classifications; take all necessary actions to protect the public’s health and safety and carry out its mission in emergencies; and exercise complete control and discretion over the technology of performing its work.

3.1 Contracting Out Clause
In the event the City enters into any agreement with another public employer or private entity which involves the transfer of functions now being performed by employees in the 787
4 Association, or the law provides for the transfer of functions now being performed by employees in the Association to another public or private agency, the City will advise such public or private entity of the existence and terms of the Memorandum of Understanding and will immediately advise the Association of such agreement by law. In addition, the City will consult with the employer absorbing the City function to encourage utilization of affected employees by the new employer. When a Request for Proposal or other contract solicitation documents are approved and issued, the City Manager will arrange within five (5) business days to meet with representatives of the Association to advise them of the action.

When advance knowledge of the impact of pending changes in function, organization, or operations is available which will result in the abolishment of positions, or when there is any major assignment of functions from one department to another or to another agency, the City will make an intensive effort to either reassign or transfer affected employee to other positions for which they qualify, or train affected employees for new positions in order to retain their services.

3.2 No Strike or Lockout
The City and the Association agree that the City will not lockout employees and that the Association will not engage in labor practices detrimental to providing services to the citizens of Santa Paula or detrimental to the interest of the City, nor will the Association sanction, support, condone, approve, or engage in any strike, sick-in, slowdown, work stoppage, or speed-up. The City and Association further agree that all matters of controversy within the scope of this agreement will be settled by established grievance procedures or other remedies provided by law. The Association acknowledges that violation of above may be just cause for disciplinary action, including termination.

4. SALARY COMPENSATION
Effective the first full pay period following July 1, 2023 ratification of this Agreement by the Supervisory & Professional Association and adoption of the Agreement by the City Council, Unit employees shall receive a five percent (5.0%) cost of living adjustment to base wages/salaries.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base wages/salaries.

In addition, a $1500.00 Retention Bonus will be payable in the first pay period in December 2023 for employees employed with the City from at least January 3, 2023 to December 1, 2023. A second $2000.00 Retention Bonus will be payable in the first pay period in December 2024 for employees who received the first retention bonus and are still employed by the City as of December 1, 2024. These bonuses are not added to base salary and are not PERSable compensation.

4.1 Merit Increase
788
5 Merit increases will become effective on the actual anniversary date of the employee.

4.2 Evaluations
Performance evaluations shall be completed at least one week prior to the employee’s anniversary date, but no later than sixty (60) days after this date. Employees who do not receive their evaluation within the sixty (60) day period would be deemed satisfactory and entitled to any merit increase due them and said increase would be retroactive to the employee’s anniversary date.

4.3 Salary Schedule
Salary ranges effective during the period of this agreement shall be as set forth in Appendix A herein.

4.4 Base Wages
Base wages shall mean the hourly rate of pay earned by a unit employee within a salary range assigned by the City to the classification occupied by the employee. Base wages do not include educational incentive, overtime pay, standby pay, bilingual pay, and cafeteria plan monies, or other additional payments earned by a Unit employee pursuant to this MOU.

Base wages shall be calculated by dividing an employee’s biweekly salary range by eighty (80).

4.5 Regular Rate of Pay
A Unit employee’s regular rate of pay shall be calculated according to the provisions of the FLSA. A Unit employee shall be compensated for overtime work at one and one-half (1 ½) times the employee’s regular rate of pay to the nearest quarter hour.

4.6 Direct Deposit
All employees are required to use direct deposit in order to receive their paychecks.

5. HOURS OF WORK

5.1 Work Cycle
In accordance with the Fair Labor Standards Act, the City’s work cycle is a fixed and regularly recurring period of one hundred sixty-eight (168) consecutive hours, seven (7) consecutive twenty four (24) hour periods.
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6 5.2 Regular Work Day
The regular working day of employees observing a 5/40 (forty (40) hour work week) work schedule is eight (8) hours of work within a period not to exceed nine (9), consecutive hours, interrupted by a lunch break of no less than one-half (½) hour, nor more than one (1) hour.

The regular working day of employees observing a 9/80 work schedule is nine (9) hours of work within a period not to exceed ten (10) consecutive hours, interrupted by a lunch break of no less than one-half (½) hour, nor more than one (1) hour; provided, the regular working day on alternate Fridays or other days, as determined by the Department Head, shall be eight (8) hours of work not to exceed nine (9) consecutive hours, interrupted by a lunch break of not less than one-half (½) hour, nor more than one (1) hour.

The regular working day of employees observing a 4/10 work schedule is ten (10) hours of work within a period not to exceed eleven (11) hours, interrupted by a lunch break of no less than one-half (1/2) hour, nor more than one (1) hour.

A Department Head, with the approval of the City Manager and after conferring with the affected employees, may institute alternate work schedules. For the term of this Memorandum and except for bona fide emergencies, such schedules shall not be altered without first completing the meet and confer process with the Association. However, should such a schedule be implemented, overtime will be paid for time worked in excess of the alternate work schedule hours and will not be based on an eight (8) hour work day. Affected unit personnel in the City will be placed on a flexible time schedule for work hours where this schedule does not affect customer service and is appropriate.

Employees who participate in an incidental flex time arrangement shall waive daily overtime for the time designated as flex time worked. Flex time may not be used to supplement or replace holiday leave pay.

5.3 Rest Periods
One (1) fifteen (15) minute rest break with pay shall be provided to Association members for each four (4) hours of service, as scheduled by appropriate supervisor. Rest periods and lunch periods may not be aggregated and used to extend the lunch period or shorten the work day.
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7 5.4 Regular Work Period
For employees on the 9/80 schedule, a regular work period shall be forty (40) hours to be worked within a seven (7) day period beginning at 12:01 p.m. Friday and ending at 12 noon the following Friday. However, this seven (7) day work period may be changed by the City Manager to any other consecutive seven (7) day period, beginning and ending at any day and any time to accommodate alternative work schedules.

5.5 Standard Hours and Days of Work
The standard work week shall consist of five (5) days, Monday through Friday inclusive; the regular work day shall begin at 8:00 a.m. and end at 5:00 p.m. Unless otherwise approved by the Department Head, the regular work day for employees observing a 9/80 schedule shall begin no earlier than 6:30 am and end no later than 6:30 pm on those days when the regular working day is nine (9) hours of work. The standard work week for employees observing a 4/10 schedule shall be as determined by the Department Head. This standard shall not apply to employees of departments which require different schedules of work to meet operational and service objectives of City departments. Nonstandard hours and days of work for employees shall be as established in writing by the City Manager.

The City may reopen negotiations at any time during the term of the MOU to discuss 4/10 work schedule.

6. OVERTIME

6.1 Overtime Definition
Non-exempt employees are eligible for overtime compensation. Overtime is defined as all hours worked in excess of an employee’s regularly scheduled forty-hour workweek. For purposes of determining OT, “hours worked” means hours the employee actually worked as defined by the FLSA and expressly excludes paid time off, compensatory time off, vacation leave, jury duty, bereavement leave, sick leave and leave without pay. Holiday hours will be considered “hours worked” for purposes of eligibility for calculating overtime.

Overtime will be paid in compliance with the FLSA at a rate of one and one-half (1 ½) times the employee’s regular rate of pay or a unit employee may choose in lieu of cash payment to be compensated for OT by the accumulation of compensatory time, at the rate of one and one-half (1 ½) hour’s compensatory time for each overtime hour actually worked. “Hours worked” means hours the employee actually worked as defined by the FLSA and expressly excludes paid time for compensatory time off, vacation leave, jury duty, bereavement leave, sick leave and leave without pay for the purpose of calculating eligibility for compensatory time. A maximum of forty hours of compensatory time may be accrued in a calendar year. 791
8 6.2 Limitation of Overtime
It is the policy of the City to keep all overtime usage to a minimum. This policy extends to all varieties of overtime usage including holdover, callback and standby. Prior written authorization of the Department Head must be secured and communicated to the employee.

Overtime shall be compensated to the nearest quarter hour (fifteen-15) minutes. This shall apply to accumulation of all overtime during a work week.

6.4 Callback
Employees who have completed a full shift and are called back for emergency overtime work, or are called back for emergency overtime work while on standby status, shall be paid at the rate of one and one half (1 ½) times the regular rate for all subsequent hours worked or a minimum of two (2) hours pay, whichever is greater. The “minimum of two (2) hours pay” includes all call backs occurring within the two (2) hour minimum period; therefore, the “minimum of two (2) hours pay” is not compensated on a “per occurrence” basis. No employee shall be paid for call back and standby pay simultaneously. This means that no employee shall be paid “stand by” pay at the same time that they are collecting “call back” pay.

The City has the exclusive right to determine the need for call back and the time of call back.

7. SHIFT DIFFERENTIALS

7.1 Shift Differential
Maintenance Personnel who are continuously and regularly assigned to a schedule of work which requires not less than fifty percent (50%) of their shift between the hours of 6:00 p.m. and 8:00 a.m. will be paid a shift differential at a rate of five percent (5%) above his or her current base step for the period assigned to the qualifying shift. The shift differential will only be payable for shifts actually worked. Overtime and workers’ compensation calculations will be determined in accordance with the provisions of the FLSA.

7.1.1 Flex Time
Employees on flex time or who work between the hours of 5:00 p.m. and 8:00 a.m. for their own convenience and who are not assigned to do so by their supervisor are not eligible for shift differential.
792
9 Employees who work a 9/80 schedule and are on flex time or work between the hours of 6:00 p.m. and 7:00 a.m. for their own convenience and who are not assigned to do so by their supervisor are not eligible for shift differential.

The employee shall receive the salary rate of the higher class in which he or she is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the salary schedule of the higher classification, which will assure an increase of not less than five percent (5%) greater than the salary of his or her current salary step, but in no case shall such salary exceed the top salary step of the higher classification. The requirement for the performance of duties of the higher classification shall be placed in writing by the Personnel Officer following recommendation by the affected Department Head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualification of the higher classification by the Personnel Officer as recommended by the Department Head.

8. OTHER COMPENSATION AND BENEFITS

8.1 Tuition Reimbursement
Tuition reimbursement may be made up to three thousand dollars ($3,000) per fiscal year in accordance with established City policy. It is the City’s desire to encourage employees to further their education in order to excel in their profession. For this reason, the City Manager may authorize employees to take courses during the employee’s normal work day for a limited duration, if alternate classes are not available (e.g. night classes not offered).

All requests must first be made through the Department Head and forwarded to the City Manager for final approval. All approvals will be based on staffing levels of the department and effect of city operations.

8.2 Uniform and Equipment Allowance
Effective the first full pay period following adoption of the Agreement by the City Council, Classifications that are required to have and maintain a uniform and shall receive an allowance in the amount of $22.12 bi-weekly ($575.00 annually). Uniform allowance is to be used exclusively for the purchase of trousers and maintenance of uniforms (laundry, repairs, etc). Unit employees must abide by department uniform standards when purchasing 793
10 trousers. The City will continue to supply shirts to employees on an as needed basis, not to exceed five (5) shirts in a fiscal year. Repair and/or replacement of uniforms and equipment damaged as a result of negligence or wear. The Department Head or designee will make a complete investigation of each incident and will submit findings and recommendations, including recommended amount of repayment to the City Manager. Employees are permitted to use City uniforms and equipment only while on the official duty of the City.

Non-prescription safety glasses, gloves, vests, hard hats, and ear protection will be distributed on an as needed basis.

8.2.1 City Contribution–Safety Glasses
All represented employees who wear prescription glasses and are required to wear safety glasses will be issued a purchase requisition not to exceed the amount of three hundred dollars ($300.00) to a vendor selected by the City when new or replacement prescription safety glasses are required. One (1) pair of safety glasses will be provided as required every year. Represented employees may request an additional early replacement for damaged, destroyed or lost prescription safety glasses, provided they submit a written request to the Department Head or designee for approval.

8.2.2 City Contribution–Safety Boots
All represented employees required to wear safety boots as determined by the Department Head will be issued a purchase requisition in the amount of two hundred and fifty dollars ($250.00) to a vendor selected by the City when replacement safety shoes are required. Shoe specifications will be determined by the City. One (1) pair of safety boots will be provided as required between July 1 and June 30th. All represented employees required to wear safety boots may request one (1) additional pair of safety boots, provided they submit a written request to the Department Head or designee for approval. The following positions currently receive safety boot allotment: Fleet Supervisor and Parks and Facilities Supervisor.

8.3 Bilingual Pay
To recognize those employees who are able to communicate effectively with members of our community who speak primarily Spanish. The program is one of many ways our City Council encourages employees to provide the best customer service possible to our community. All eligible employees will receive ($780) per year, thirty dollars ($30) per pay period.

8.4 Emergency Disasters
Employees will be required to mark “overtime” versus “comp time” on their time sheets when working during an emergency disaster. This change allows the City to be reimbursed through FEMA for employees work time.
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11 8.5 Certificates and Licenses:

The City shall pay for the initial examination and renewal of the following certificates, licenses or endorsements on a reimbursement basis upon receipt of original certificates and licenses, or endorsement:

A. Arborist

9. HOLIDAYS

9.1 Holiday Listing
On January 1st of each year, unit personnel will receive a Holiday Leave Bank of thirty-six (36) hours of paid straight time to be used exclusively for City observed holidays and a Floating Holiday Leave Bank of eighteen (18) hours. On July 1st of each year, unit personnel receive a Holiday Leave Bank of seventy-two (72) hours paid at straight time to be used for holidays. For those unit personnel on flexible work schedules and who are already scheduled a “flex day” on the holiday, and for those employees who are not on flexible work schedules and work an eight (8) hour day, the extra hours in the Holiday Leave Bank would become floating holiday hours to be scheduled for use throughout the year with the approval of their supervisor. The banked holiday hours may be used for any purpose that vacation, sick and compensatory leave may be used for, as long as prior approval is obtained from the supervisor.

If a holiday is worked, non-exempt unit personnel receive pay at the overtime rate for all hours worked, in addition to straight time holiday pay. Employees would not have the option of working when the City was closed for a holiday if they did not have any leave time available. The following days are considered holidays:

New Year’s Day - January 1
Martin Luther King Day - Third Monday in January
Presidents’ Day - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day- November 11th
795
12 Thanksgiving Day
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
New Year’s Eve – December 31
Two (2) floating holidays
New Employees hired between the holiday allocation periods will receive the holiday bank in accordance with allocation for that period, less any holiday (at nine (9) hours per holiday) that have already been observed. Floating Holiday Leave hours will be pro-rated accordingly to the employees hire date.

10. VACATION

Less than five years: 96 hours
Five years, but less than ten years: 120 hours
Ten years, but less than fifteen years: 144 hours
Fifteen, but less than twenty-one years: 160 hours
Twenty-one years, but less than twenty-five years: 180 hours Twenty-five or more years: 200 hours
All use of Vacation Leave shall be at such time as approved by the employee’s Supervisor or Department Head. Use of Vacation Leave shall be scheduled at such times as the Department Head finds most suitable after considering the wishes of the employee and the requirements of the Department. For the efficiency and effectiveness of City services, Supervisors or Department Heads may assign the use of Vacation Leave and designate when it will be taken. All requests for use of Vacation Leave must be approved by the Supervisor or Department Head in writing prior to the commencement of the requested use on a form provided by the Personnel Office. Completed forms are to be forwarded to the Personnel Office only after being utilized by the Department Head or Supervisor to verify timesheets.

Vacation Leave will not accrue while an employee is on Leave of Absence without Pay.

Accumulated and unused Vacation Leave may be used to supplement Sick Leave if the employee has exhausted Sick Leave accruals. Paid holidays occurring during vacation are not charged to Vacation Leave. If an employee on vacation becomes sick, Sick Leave may be substituted subject to the approval of Department Head. 796
13 If an employee transfers from one department within the City to another, the Vacation Leave credits shall also be transferred.

10.2 General Provisions

10.2.1 Vacation Credit
An employee shall begin accruing vacation upon the first (1st) day of employment.

Vacation leave time shall be accrued as it is earned on a biweekly basis.

Employees on leave without pay status shall not earn vacation. Vacation time shall not be taken until earned and shall be subject to all other provisions of this agreement.

10.2.2 Vacation Usage
The times during which an employee may take vacation shall be as approved by the Supervisor, provided that if the requirements of the City service are such that part or all of an employee’s vacation must be deferred beyond a calendar year, the employee may take vacation during the following calendar year. A Department Head may also approve vacation if the employee’s Supervisor is unavailable or if the employee’s immediate supervisor is a Department Head. In the event that an employee requests, but is repeatedly denied vacation, and if such denial would cause the employee to exceed the two hundred forty (280) hour limit, the City Manager may temporarily increase the vacation limit until a mutually agreed upon vacation can be scheduled.

10.2.3 Vacation Schedule
In the scheduling of employee vacations, Supervisors will give first consideration to the employee’s choice. In the event of a conflict or a dispute among employees, reasonable recognition of seniority and annual rotation will be used to resolve such conflict or dispute. Authorization of use of any vacation time shall continue to be subject to organizational needs.

10.2.4 Effect of Termination on Vacation
Vacation is credited to the employee upon appointment and each pay period. Upon termination of an employee’s service with the City, he/she shall be paid a lump sum for all accrued, but unused, vacation hours.

10.2.5 Status Report of Accrued Vacation Leave
The City will provide regularly to each employee on his/her paycheck stub an official record of his/her accrued vacation leave. Verification of an employee’s official accrued vacation leave record will be provided by the City based on a reasonable request for such verification.
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14 10.2.6 Administrative/Compensatory Time/Vacation Leave Buyback Unit employees may buyback vacation, compensatory time and/or administrative leave with continuous years of service as follows:

Less than five years: up to 40 hours
Five years, but less than 10 years: up to 60 hours
More than 10 years: up to 80 hours
In order to be eligible to buyback vacation, compensatory time, and/or administrative leave, employees must meet the following criteria:

1. Employee must have taken a minimum of forty (40) hours of vacation leave during the period November 1st - October 31st prior to submitting the request.

2. Employee must maintain a minimum balance of 120 hours of vacation leave after submitting the request.

11. SICK LEAVE

11.1 General

11.1.2 Usage
Employees may use their accumulated sick leave immediately after it has been earned.

Sick leave with pay up to the total number of accumulated sick days shall be granted by the Department Head in case of bona fide illness or injury of employee.

Immediately upon return to work, the employee shall complete and submit the City’s Absence and Leave Affidavit to his/her immediate supervisor. The City may determine, by reasonable means, the validity of any sick leave usage either as a condition of continuing an employee on sick leave status or as a requirement of returning to work. Additionally, if the City suspects an employee is abusing or has abused sick leave, the City may require the employee to be examined by the City’s physician at no cost to the employee.

Employees may use their accumulated sick leave for absence due to the following specified reasons:

1. Illness, injury, or health appointment of the employee. 798
15 2. Exposure of the employee to a contagious disease.

3. Illness, injury, or health appointment of the employee’s spouse, children or of persons residing within the employee’s household which require the presence of the employee.

4. To maintain a full paycheck while the employee is receiving worker’s compensation benefits.

5. Other reasons as approved by the Personnel Officer or designee.

11.1.3 Over 3-Day Absence
For absence of more than three (3) days, an employee may be required to present a medical doctor’s certificate verifying the personal illness or injury and/or a medical authorization to return to work.

11.1.4 No Maximum on Sick Leave Accrual
Sick leave hours no longer have cash value pursuant to the City’s Personnel Rules and Regulations. Accumulated sick leave may be credited to an employee’s length of service upon retirement from the City of Santa Paula and will become part of the calculation upon which PERS retirement benefits are established, in accordance with PERS regulations. Effective January 1, 2008, unit employees will no longer be subject to any maximum on sick leave accrual.

11.2 Leave Transfer
Unit employees will have the ability to transfer earned leave bank (vacation, admin leave and/or comp) to other employees in Units participating in this program, subject to the following conditions:

1. No one can, by use of this transfer, reduce his or her accrued vacation leave to less than forty (40) hours.

2. All such transfers shall be approved by the Personnel Officer or his/her designee.

3. All transfers shall be anonymous to the transferee.

The Personnel Officer shall determine the amount of leave, if any, which an employee may receive under this section. Employees wishing to donate leave must do so in writing to the Personnel Officer. Donated leave shall be utilized in the order of receipt by the Personnel Officer, and will be converted to sick leave for the employee’s use for the defined purpose, only. The amount of leave time transferred under this section which remains unused shall be returned to the employee or employees who transferred the leave when the Personnel Officer 799
16 or designee finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred.

11.3 Bereavement Leave
Leave with pay up to five (5) working days per incident of death, but not to exceed 80 hours in a fiscal year, shall be granted by the Department Head in case of the death or serious illness of an immediate family member as specified in the City’s Personnel Rules and Regulations.

Bereavement leave or special sick leave, in case of death or serious illness of other persons, may be granted only upon approval of the City Manager.

11.4 Maternity and Paternity Leave
Maternity and Paternity Leave will be granted to eligible employees in accordance with the current Family and Medical Leave Act (FMLA). Eligible employees shall charge time-off against any accumulated leave, including sick leave.

11.5 Exceptions
Sick leave pay shall not be granted for any injury attributable to an outside occupation (for which Worker’s Compensation benefits are available and engagement herein has not been authorized).

11.6 Exhaustion of Sick Leave
When an employee is on sick leave status and such sick leave time due the employee has been exhausted, subsequent leave of absence shall first be charged to compensatory time accruals and then to vacation accruals.

11.7 Doctor/Dentist Visits
Sick leave may be used for doctor or dentist visits or to obtain medical or dental care, subject to advance approval by the Department Head.

12. ADMINISTRATIVE LEAVE
Exempt Unit employees (not eligible for overtime) shall receive an Administrative Leave bank bi-annually for a total of sixty (62) hours per calendar year, and may carry a maximum of 24 hours into the following calendar year. Eligible Unit employees will receive an admin leave bank of 31 hours each year on January 1st and July 1st. Administrative leave has no cash value and is not paid out to terminating employees. 800
17 13. INDUSTRIAL ACCIDENT LEAVE
When an employee sustains an accident which results in an injury or illness arising out of and in the cause of employment which is compensable under the State Workers’ Compensation Act and which injury or illness necessitates the employee’s absence from work, the first three (3) calendar days of such absence shall be deemed to be Industrial Leave and the employee shall receive his/her regular salary for any regularly scheduled work days occurring within the three (3) day period following the date of such injury or illness, providing the injury or illness was not due to the employee’s gross negligence and that such absence from work is substantiated by a statement of a licensed physician certifying that the nature of the illness or injury is sufficiently sever to require the employee to be absent from his/her responsibilities for a rehabilitative period. Wages for the day of the injury will be paid for the regularly scheduled hours worked and is not a day of absence for leave purposes.

If the employee is not able to return to work after three (3) calendar days of Industrial Leave following the day of the injury or illness, the employee shall then be eligible for leave under the Family Medical Leave Act (FMLA), if qualified. The employee is permitted the option of taking leave without pay from the City while receiving those benefits allowed by the provisions of the State Workers’ Compensation Act, or the employee may integrate his/her accumulated Sick Leave or Vacation Leave to his/her credit, with temporary disability benefits paid under the State Workers Compensation Act. In no instance shall an employee receive dual compensation from the City and the Workers’ Compensation Insurance Fund.

The employee has the right to notify the City, in writing prior to an injury, of his/her choice of physician should the employee be injured. The pre-designated medical provider must meet the requirements of CCC §9783 and agree to treat the employee for work related injuries. If the employee does not make this prior notification, the City has the right to require that the treatment be provided by a City designated medical examiner during the first thirty (30) days after the injury in accordance with Sections 4600 and 4601 of the Labor Code. If treatment is required on an emergency basis, and obtained from a non-City provider, the employee’s follow-up medical care will transfer to a provider designated by the City. The employee agrees to keep all medical appointments and follow prescribed treatment plan restrictions for both work and personal activities. This does not preclude the employee from seeking emergency treatment from a physician of the employee’s choice, or from being evaluated by a doctor of the employee’s choice even while under treatment from the City’s medical examiner. In such circumstances, other than in emergency situations, use of a personal physician would be at employee’s expense.

If the employee is still in need of medical care thirty (30) days after the work related and reported injury, the employee has the right to be treated by a doctor of his/her choice.

13.1 Modified Duty
City and Association agree to the Modified Duty policy as stated in the Personnel Rules and Regulations, Section 3.4F. After a review of the doctor’s release to return to work, the 801
18 employee’s capabilities and the needs of the City may result in assignment to another Department.

14. SPECIAL LEAVE

14.1 Miscellaneous Leave with Pay
An employee shall be granted leave of absence with full pay for:

1. Jury service;

2. Subpoena of him/her as a witness in a City matter; or

3. Attendance in court resulting from his/her official duties as assigned by the City Manager.

Paid leaves of absence will not apply if an absence for any of the above reasons falls on a day which is not a regularly scheduled work day, including flex days off.

Any extra compensation received by the employee for the above (travel time exempt) shall be remitted by the employee to the City.

14.2 Leave of Absence without Pay
The City Manager or designee may grant a full time regular employee a leave of absence without pay not to exceed one (1) year for non-medical purposes. Such leaves may be granted after vacation, administrative leave, holiday leave/bank, and compensatory leave accruals have been exhausted. Sick leave accruals may not be used for non-medical leaves.

Under no circumstances, unless approved by the Personnel Officer, may an employee use a leave of absence without pay for the purposes of working for another employer or to pursue self-employment.

14.3 Family Care and Medical Leave
Family leave shall be as identified in the City’s Personnel Rules and Regulations entitled “Medical Leave, Section 7.7”.

15. BENEFITS AND INSURANCE

15.1 City Contribution
The City provides a monthly contribution to each eligible member of the unit to be used towards the Cafeteria Benefit Plan. These funds are to be used for eligible insurance plans included within the Cafeteria Plan or an individual account administered by the City.

Cafeteria Plan options include health, dental, group term life, and supplemental disability and accident insurance.
802
19 Effective the first full pay period of December 2023, the City shall provide $1350 per month ($675.00) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first full pay period of December 2024, the City shall provide $1450 per month ($725.00) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Employees electing to opt out of medical coverage offered by the City because they have provided proof of medical coverage will receive a maximum opt out allowance of $1000.00 per month. Employees who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $1,000, shall be eligible to cash out the difference between $1,000 and the cost of the premium.

All employees must enroll in an available City health program unless they submit to the City both proof of health coverage and a signed health insurance waiver. Employees who fail to complete both requirements will not be allowed to utilize their Cafeteria Benefit Plan contributions for any other eligible plans. During the Open Enrollment period, the City reserves the right to require an employee to provide annual recertification of outside health coverage in order to continue to receive the cafeteria benefit.

15.2 City Matching Contribution to Deferred Compensation Plan City agrees that effective in the first full pay period by January 2024, or earlier if the City can implement this provision earlier, the City shall provide a matching contribution to an employee’s deferred compensation plan of up to one percent (1%) of the employee’s base salary. For example, if an employee earns $50,000 base salary per year and contributes $25 into their deferred compensation plan each pay period for a total of $650 annual contribution, the City will contribute $500 annually to the employee’s deferred compensation plan. $500 is one percent of $50,000. If the employee contributes $10 per pay period for a total of $260 annually, the City shall contribute $260 to the employee’s deferred compensation account.

15.3 Eligibility
When an employee commences work with the City, his/her benefit distribution selection shall become effective the first (1st) of the month following date of employment. Deductions for benefits shall be made one (1) month in advance for which coverage is provided. 803
20 15.4 Selection
Employees will choose from available health insurance programs and/or health and dental plans at such times as carriers allow for open enrollment periods. Dependent coverage may be added or deleted between open enrollment periods subject to conditions imposed by the selected carriers.

15.5 Enrollment
The times at which enrollment in or withdrawal from the non-mandatory disability income insurance plan is authorized shall be established by City policy subject to requirements of the insurance carriers.

15.6 IRS Section 125 Plan
The City provides the IRS Section 125 Flexible Benefits Plan on a citywide basis to all fulltime regular employees. The City agrees to provide payroll deductions for participating employees, and make appropriate disbursements to the plan administrators. Selection of the plan administrator is the responsibility of the City.

The City reserves the right to discontinue the following two (2) options within the Section 125 Plan at the conclusion of the Plan year on October 31st, if there is insufficient City-wide employee participation to break even on administrative costs: 1) the optional dependent care assistance program and 2) the health care reimbursement plan. In the current FSA Plan year, the City will pay the annual fee and the monthly employee administrative fee for these two (2) options. Should fewer than ten (10) employee’s Citywide sign-up for these two (2) options for the new Plan year beginning November 1st. The City reserves the right to discontinue its participation in the optional dependent care assistance program and health care reimbursement plan portion of the Section 125 Plan.

15.7 State Disability Insurance (SDI)
The City shall participate in the employee-paid State Disability Program (SDI) for represented Unit employees pursuant to applicable State Regulations and the following provisions, within 90 days of the adoption of this Agreement.

A. For purposes of this section only, the term “employee” shall include regular employees assigned to Supervisory & Professional Association classifications.

B. If the bargaining unit chooses to withdraw from SDI after required two (2) years, membership must present a majority petition indication such desire.

C. All Unit employees will be automatically enrolled in SDI and premiums will be deducted from paycheck.

D. The City will be responsible for making payments to SDI on behalf of Unit employees and for all any reporting requirements.
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21 E. SDI is not a City-provided or administered benefit. Unit employees will be responsible for filing claims and requesting updates through SDI of their claim status. If an employee has an SDI question, they will be required to contact SDI directly at (800) 480-3287 or go to their website at www.edd.ca.gov.

F. Per State Regulation benefits for employees not previously covered by SDI shall become effective seven (7) months after enrollment.

15.8 Long Term Disability
The City provides a Long-Term Disability Insurance Program to all Association employees at City expense.

15.9 Life Insurance
The City provides group term life insurance coverage of $100,000 for each employee, and $5000 for eligible dependents of each such employee at City expense.

16. RETIREMENT

16.1 PERS Plan
The City shall provide for employee retirement benefits through participation in the Public Employee’s Retirement System (PERS) as follows:

Miscellaneous members hired prior to March 20, 2006 will be provided with the 2.5% @ 55, Tier One (1) service retirement formula;
Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;
The retirement allowance will be computed on the highest one (1) year of compensation.

B. For “Miscellaneous” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA.

Miscellaneous members will be provided with the 2 % @ 62 service retirement formula; 805
22 The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

All New Members (as defined by PEPRA) hired by the City on or after January 1, 2013 will pay the full employee contribution, which will be one-half the normal cost rate as determined by CalPERS.

All Classic Members (as defined by PEPRA) will pay the full member contribution.

17. WORKING CONDITIONS

17.1 Safe Working Conditions/General Safety Committee
The City shall provide safe working conditions for all Unit members as required by law. The City has established an Injury and Illness Prevention Program (IIPP). One of the objectives of this policy is to meet on a quarterly basis with General Safety Committee. The Association is authorized to have one-member representative (and one alternate) to serve on the General Safety Committee. The Association will be responsible for providing the names of the member and one alternate to the City.

17.2 Work Site Safety Practices
Unit members shall cooperate with management in maintaining good work site safety practices in all facilities.

17.3 Reporting Unsafe Conditions
Unit members shall be responsible for reporting to their immediate supervisor any condition believed to be unsafe or unhealthy.

17.4 Investigations
The City will investigate such reports and take appropriate action to correct conditions found to be unsafe or unhealthy.

17.5 Safety Equipment
The City will provide all necessary safety equipment as required by Section 6401 of the State Labor Codes, subject to any applicable legislation or judicial interpretation of that statute during the term of this Agreement.

17.6 Orientation Period
The orientation period of newly hired employees within the bargaining unit shall be six (6) months of paid service. At the discretion of the City Manager, the probationary period for a newly hired employee may be extended for up to an additional six (6) months from date of hire, if circumstances warrant, by giving notice to the employee fifteen (15) calendar days before the scheduled completion date of the normal probationary period. The probationary 806
23 period for promoted employees shall be six (6) months of paid service. Rejection of probation shall be as set forth in the personnel rules and regulations as adopted by the City.

17.7 Layoff Procedure
Until such time as the parties have met and conferred regarding an alternative, the City will continue to use its existing rules as a layoff procedure whenever a layoff affects members of the unit.

17.8 Cooling-Off Period
If an employee resigns from employment with the City, the City Manager or his or her designee may choose to make the resignation effective immediately regardless of any advance notice which may be provided by the employee. However, such an employee will be allowed a “cooling off” period of three (3) working days within which to rescind their resignation. An employee who wishes to rescind his or her resignation must do so in writing and the writing must be delivered to the City Manager by the close of business on the third (3rd) business day of the “cooling off” period. An employee who timely rescinds his or her resignation during the “cooling off” period shall not be considered to have been separated and shall be treated as if there was no break in service. Any time during which such an employee is absent from work as a result of resigning shall be unpaid.

17.9 Employer-Employee Relations Committee
The City and the Association agree to establish a City-wide Employer-Employee Relations Committee, represented by labor and management, to meet on request or on a quarterly basis to discuss departmental and City issues, problems, and general administrative matters.

18. DRUG AND ALCOHOL TESTING
The City must comply with Federal requirements on random drug and alcohol testing. City will continue to enforce the adopted City policy.

19. CONCERTED ACTIVITIES

19.1 Definition Strike/Work Stoppage
As used in this section, “strike or work stoppage” means the concerted failure to report for duty, the willful absence from one’s position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of including, influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment.

19.2 No Strike Clause
It is agreed and understood that there will be no strike, work stoppage, slow down, or refusal to fully and faithfully perform job functions and responsibilities, or any interference with the 807
24 operations of the City, or any concerted effort designed to improve its bargaining positions which interferes with, impedes or impairs City operation by the Association or by its officers, agents or members. The Association agrees that neither the Association nor its officers, agents or members will, in any manner whatsoever honor, assist or participate in any picketing activities, sanctions or any other form of interference with City operation by any other non-Unit employees or members of other employee associations or groups.

19.3 Lockout
The City agrees not to engage in any lockout.

19.4 Court Enforcement
Furthermore, the Association and City agree that the provisions in this Article are enforceable in a court of law, once the grievance procedures have been exhausted.

20. GRIEVANCE
All disputes arising under this Agreement shall be resolved in accordance with the City’s adopted Grievance Procedures, as set forth in the Personnel Rules and Regulations.

21. DISCIPLINARY ACTION
All disputes arising under this Agreement shall be resolved in accordance with the City’s adopted Disciplinary Procedures, as set forth in the Personnel Rules and Regulations.

It is recognized that during the term of this agreement, it may be necessary for the City to make changes in matters defined as within the scope of representation (pursuant to Government Code Section 3504), such as hours, working conditions, or rules governing employees. When the City finds it necessary to make such changes, it shall notify the Association in writing indicating the proposed change before it is implemented. If the Association requests, the parties shall expeditiously undertake negotiations regarding the effect the change would have on employees. If the Association does not request negotiations, the change may be implemented. If the Association does request negotiations, any agreement resulting from such negotiations shall be reduced to writing.

Nothing herein shall limit City’s authority to make changes necessitated by an emergency and such changes will not extend beyond the duration of the emergency. In addition, City will notify the Association of such changes as soon as practicable. 808
25 23. SEVERABILITY
If any provisions of this MOU are held to be contrary to law by a court of competent jurisdiction, such provisions will not be valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect; however, no provisions in this MOU shall be construed to result in an illegal discriminatory act based on race, creed, sex or national origin or other protected basis.

24. TERM
This Agreement shall be in effect from July 1, 2023 through June 30, 2025. It shall continue in effect thereafter from year to year unless either party gives one hundred twenty (120) days’ notice (April 1st) prior to the yearly anniversary date, to terminate or modify this Agreement. The City and the Management: Supervisory & Professional Association both agree to initiate labor negotiations three months prior to the expiration date of the contract.

25. FINALITY OF RECOMMENDATIONS
Upon ratification by the City Council and the Association membership, the recommendations set forth above are final. No changes or modifications shall be offered, urged or otherwise presented by said Association or the City Manager to the City Council for the period of the MOU, except as mutually agreed upon by the Association and the City Manager.

SUPERVISORY & CITY OF SANTA PAULA

PROFESSIONAL ASSOCIATION
_____________________________ ______________________________ Ruth Juanes Irma Rodriguez Moisa
Chief Negotiator
_____________________________ ______________________________ Ulises Valenzuela Lorena Alvarez
Human Resources Manager
_____________________________
Kate Watkins

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26 Supervisory and Professional Association
Position Classifications:

Number/Position Title
250 - Supervisory & Professional
268 - Accountant
275 - Administrative Analyst I
280 - Administrative Analyst II
258 - Assistant Planner
263 - Associate Planner
259 - Engineering Tech Sr.
278 – Fleet Supervisor
265 - Management Analyst
274 - Records Supervisor
276 – Recreation Supervisor
277 – Parks & Facilities Supervisor
279 – Streets Supervisor
281 – Associate Engineer
282 – Emergency Services Coordinator
283 - City Clerk
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27 811
1 MEMORANDUM OF UNDERSTANDING

SUPERVISORY & PROFESSIONAL ASSOCIATION

PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) by and between the City Council of the City of Santa Paula, hereinafter designated “City,” and the Management: Supervisory & Professional Association, hereinafter designated “Association” or “Unit”.

The City Manager, or his/her designee, is the representative for the City of Santa Paula in employeremployee relations as authorized by the City Council.

Both parties recognize their mutual obligation to cooperate with each other to assure maximum service of the highest quality and efficiency to the citizens of Santa Paula.

This Memorandum of Understanding is subject to all existing laws of the United States of America, State of California, and the ordinances, resolutions and regulations of the City of Santa Paula. This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned regarding matters within the scope of representation for all employees within the Association for the contract year 2021 2023 - 20232025, commencing July 1, 20212023, and continuing through June 30, 20232025.

UNDERSTANDING AND AGREEMENTS
The following understanding and agreements shall not become effective until ratified by the City Council:

Whenever a person is hired in any of the job classifications covered by this memorandum, City agrees to notify such person that the Association is the recognized employee organization for employees in that classification.
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2 1.1 Non-Discrimination
The City and the Association stipulate that the provisions of this agreement will apply equally to all employees covered herein without favor or discrimination because of race, religion, color, creed, national origin, sex, sexual orientation, marital status, age, mental or physical disability, and/or any other category protected by federal or state law.

2. ASSOCIATION RIGHTS

Consultation
During the term of this agreement, the City and Association agree that consultation meetings may contribute to improved employer-employee relations. Either party may request meetings. The party requesting the meeting shall submit a proposed agenda. With the concurrence of the receiving party, a date, time and location of the requested meeting may be set. It is not intended that any such labor-management meetings be for discussion of issues handled under other provisions herein or other documents setting forth prescribed meeting procedures such as grievance or disciplinary procedures. Meeting attendees will be those that have been designated as Association representatives as defined above. 813
3 2.2 Association Information
Association materials provided by the Association will be provided to eligible employees as a part of the new orientation process. The Association will be responsible for supplying materials.

When possible a seven (7) day advance notice shall be given to the Department Head or designee.

3. CITY RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, certain City rights will not be subject to the meet and confer process. These include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; withhold merit step salary increases related to job performance subject to the City’s Personnel Rules and Regulations; determine the procedures and standard of selection for employment, promotion and transfer; direct employees, including scheduling and assigning work, work hours, and overtime as required in the manner most advantageous to the City. It is understood by the parties that every related duty connected with operations enumerated in job descriptions is not always specifically described; nevertheless, it is intended that all such duties shall be performed by the employee; establish employee performance standards and to require compliance therewith; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for, it being understood that it is not the City’s intent to contract out any services currently being provided by employees in the representation unit; however, the City retains its management rights to investigate alternate options in the future; determine the content of job classifications; take all necessary actions to protect the public’s health and safety and carry out its mission in emergencies; and exercise complete control and discretion over the technology of performing its work.

3.1 Contracting Out Clause
In the event the City enters into any agreement with another public employer or private entity which involves the transfer of functions now being performed by employees in the 814
4 Association, or the law provides for the transfer of functions now being performed by employees in the Association to another public or private agency, the City will advise such public or private entity of the existence and terms of the Memorandum of Understanding and will immediately advise the Association of such agreement by law. In addition, the City will consult with the employer absorbing the City function to encourage utilization of affected employees by the new employer. When a Request for Proposal or other contract solicitation documents are approved and issued, the City Manager will arrange within five (5) business days to meet with representatives of the Association to advise them of the action.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base wages/salaries.

Having met and conferred in good faith the parties agree to extend the term of their Agreement to June 30, 2023.
815
5 Effective the first full pay period following adoption of the Agreement by the City Council, the City will provide a Cost of Living Adjustment (COLA) of 2% for unit members.

In addition, all employees will receive $500 contribution to their deferred compensation account. If the City is unable to make this $500 contribution to an employee’s deferred compensation account, then the City will make a payment in the equivalent amount to the employee.

Effective the first full pay period commencing on or after July 1, 2022, the City will provide a Cost of Living Adjustment (COLA) of 2.5% for unit members.

4.1 Merit Increase
Merit increases will become effective on the actual anniversary date of the employee.

4.3 Salary Schedule
Salary ranges effective during the period of this agreement shall be as set forth in Appendix A herein.

Base wages shall be calculated by dividing an employee’s biweekly salary range by eighty (80).

4.5 Regular Rate of Pay
816
6 A Unit employee’s regular rate of pay shall be calculated according to the provisions of the FLSA. A Unit employee shall be compensated for overtime work at one and one-half (1 ½) times the employee’s regular rate of pay to the nearest quarter hour.

4.6 Direct Deposit
All employees are required to use direct deposit in order to receive their paychecks.

5. HOURS OF WORK

5.2 Regular Work Day
The regular working day of employees observing a 5/40 (forty (40) hour work week) work schedule is eight (8) hours of work within a period not to exceed nine (9), consecutive hours, interrupted by a lunch break of not less than one-half (½) hour, nor more than one (1) hour.

The regular working day of employees observing a 9/80 work schedule is nine (9) hours of work within a period not to exceed ten (10) consecutive hours, interrupted by a lunch break of not less than one-half (½) hour, nor more than one (1) hour; provided, the regular working day on alternate Fridays or other days, as determined by the Department Head, shall be eight (8) hours of work not to exceed nine (9) consecutive hours, interrupted by a lunch break of not less than one-half (½) hour, nor more than one (1) hour.

The regular working day of employees observing a 4/10 work schedule is ten (10) hours of work within a period not to exceed eleven (11) hours, interrupted by a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour.

A Department Head, with the approval of the City Manager and after conferring with the affected employees, may institute alternate work schedules. For the term of this Memorandum and except for bona fide emergencies, such schedules shall not be altered without first completing the meet and confer process with the Association. However, should such a schedule be implemented, overtime will be paid for time worked in excess of the alternate work schedule hours and will not be based on an eight (8) hour work day. Affected unit personnel in the City will be placed on a flexible time schedule for work hours where this schedule does not affect customer service and is appropriate.

5.4 Regular Work Period
For employees on the 9/80 schedule, a regular work period shall be forty (40) hours to be worked within a seven (7) day period beginning at 12:01 p.m. Friday and ending at 12 noon the following Friday. However, this seven (7) day work period may be changed by the City Manager to any other consecutive seven (7) day period, beginning and ending at any day and any time to accommodate alternative work schedules.

The City may reopen negotiations at any time during the term of the MOU to discuss 4/10 work schedule.

6. OVERTIME

6.1 Overtime Definition
Non-exempt employees are eligible for overtime compensation. Overtime is defined as all hours worked in excess of an employee’s regularly scheduled workday or forty-hour workweek. For purposes of determining OT, “hours worked” means hours the employee actually worked as defined by the FLSA and expressly excludes paid time off for, 818
8 compensatory time off, vacation leave, jury duty,, and bereavement leave, sick leave or and leave without pay. Holiday hours will be considered “hours worked” for purposes of eligibility for calculating overtime.

Overtime will be paid in compliance with the FLSA at a rate of one and one-half (1 ½) times the employee’s regular rate of pay or a unit employee may choose in lieu of cash payment to be compensated for OT by the accumulation of compensatory time, at the rate of one and one-half (1 ½) hour’s compensatory time for each overtime hour actually worked. “Hours worked” means hours the employee actually worked as defined by the FLSA and expressly excludes paid time off for compensatory time off, vacation leave, jury duty and, bereavement leave, sick leave or and leave without pay for the purpose of calculating eligibility for compensatory time. A maximum of forty hours of compensatory time may be accrued in a calendar year.

6.2 Limitation of Overtime
It is the policy of the City to keep all overtime usage to a minimum. This policy extends to all varieties of overtime usage including holdover, callback and standby. Prior written authorization of the Department Head must be secured and communicated to the employee.

Overtime shall be compensated to the nearest quarter hour (fifteen-15) minutes. This shall apply to accumulation of all overtime during a work week. 819
9 6.4 Callback
Employees who have completed a full shift and are called back for emergency overtime work, or are called back for emergency overtime work while on standby status, shall be paid at the rate of one and one half (1 ½) times the regular rate for allsubsequent hours worked or a minimum of two (2) hours pay, whichever is greater. The “minimum of two (2) hours pay” includes all call backs occurring within the two (2) hour minimum period; therefore the “minimum of two (2) hours pay” is not compensated on a “per occurrence” basis. No employee shall be paid for call back and standby pay simultaneously. This means that no employee shall be paid “stand by” pay at the same time that they are collecting “call back” pay.

The City has the exclusive right to determine the need for call back and the time of call back.

7. SHIFT DIFFERENTIALS

7.1 Shift Differential
Maintenance Personnel who are continuously and regularly assigned to a schedule of work which requires not less than fifty percent (50%) of their shift between the hours of 6:00 p.m. and 8:00 a.m. will be paid a shift differential at a rate of five percent (5%) above his or her current base step for the period assigned to the qualifying shift. The shift differential will only be payable for shifts actually worked. Overtime and workers’ compensation calculations will be determined in accordance with the provisions of the FLSA.

7.2 Work In Higher Class
An employee who is assigned to work in a higher position, 1) shall receive Acting Pay beginning at the start of the first full shift following eighty (80) consecutive working hours of an Acting assignment, and 2) shall be paid for all time served in a subsequent Acting position if the employee has received Acting Pay for the same temporary classification within the preceding twelve (12) months, and there are at least seven (7) consecutive working days in the future Acting assignments.
820
10 The employee shall receive the salary rate of the higher class in which he or she is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the salary schedule of the higher classification, which will assure an increase of not less than five percent (5%) greater than the salary of his or her current salary step, but in no case shall such salary exceed the top salary step of the higher classification. The requirement for the performance of duties of the higher classification shall be placed in writing by the Personnel Officer following recommendation by the affected Department Head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualification of the higher classification by the Personnel Officer as recommended by the Department Head.

8. OTHER COMPENSATION AND BENEFITS

8.1 Tuition Reimbursement
Tuition reimbursement may be made up to two thousand, five hundredthree thousand dollars ($2,5003,000) per fiscal year in accordance with established City policy. It is the City’s desire to encourage employees to further their education in order to excel in their profession.

For this reason, the City Manager may authorize employees to take courses during the employee’s normal work day for a limited duration, if alternate classes are not available (e.g. night classes not offered). All requests must first be made through the Department Head and forwarded to the City Manager for final approval. All approvals will be based on staffing levels of the department and effect of city operations.

8.2 Uniform and Equipment Allowance
Effective the first full pay period following adoption of the Agreement by the City Council, Classifications that are required to have and maintain a uniform and shall receive an allowance in the amount of $19.2322.12 bi-weekly ($500575.00 annually). Effective the first full pay period commencing on or after July 1, 2022 the allowance will increase to $20.19 bi-weekly ($525.00 annually). Uniform allowance is to be used exclusively for the purchase of trousers and maintenance of uniforms (laundry, repairs, etc). Unit employees must abide by department uniform standards when purchasing trousers. The City will continue to supply shirts to employees on an as needed basis, not to exceed five (5) shirts in a fiscal year. Repair and/or replacement of uniforms and equipment damaged as a result of negligence or wear. The Department Head or designee will make a complete investigation of each incident and will submit findings and recommendations, including recommended amount of repayment to the City Manager. Employees are permitted to use City uniforms and equipment only while on the official duty of the City. Non-prescription safety glasses, gloves, vests, hard hats, and ear protection will be distributed on an as needed basis.

8.2.1 City Contribution–Safety Glasses
821
11 All represented employees who wear prescription glasses and are required to wear safety glasses will be issued a purchase requisition not to exceed the amount of three hundred dollars ($300.00) to a vendor selected by the City when new or replacement prescription safety glasses are required. One (1) pair of safety glasses will be provided as required every year. Represented employees may request an additional early replacement for damaged, destroyed or lost prescription safety glasses, provided they submit a written request to the Department Head or designee for approval.

8.2.2 City Contribution–Safety Boots
All represented employees required to wear safety boots as determined by the Department Head will be issued a purchase requisition in the amount of two hundred twenty-fiveand fifty dollars ($225250.00) to a vendor selected by the City when replacement safety shoes are required. Shoe specifications will be determined by the City. One (1) pair of safety boots will be provided as required between July 1 and June 30th. All represented employees required to wear safety boots may request one (1) additional pair of safety boots, provided they submit a written request to the Department Head or designee for approval. The following positions currently receive safety boot allotment: Fleet Supervisor and Parks and Facilities Supervisor.

8.5 Certificates and Licenses:

A. Arborist
822
12 9. HOLIDAYS

9.1 Holiday Listing
On January 1st of each year, unit personnel will receive a Holiday Leave Bank of thirty-six (36) hours of paid straight time to be used exclusively for City observed holidays and a Floating Holiday Leave Bank of eighteen (18) hours. On July 1st of each year, unit personnel receive a Holiday Leave Bank of sixty-threeseventy-two (6372) hours paid at straight time to be used for holidays. For those unit personnel on flexible work schedules and who are already scheduled a “flex day” on the holiday, and for those employees who are not on flexible work schedules and work an eight (8) hour day, the extra hours in the Holiday Leave Bank would become floating holiday hours to be scheduled for use throughout the year with the approval of their supervisor. The banked holiday hours may be used for any purpose that vacation, sick and compensatory leave may be used for, as long as prior approval is gained obtained from the supervisor.

If a holiday is worked, non-exempt unit personnel receive pay at the overtime rate for all hours worked, in addition to straight time holiday pay. If an employee decides to use all the holiday leave bank which results in not having any holiday leave available for holidays, then the employee would then have to use vacation leave, compensatory leave, or leave without pay (according to the adopted leave without pay procedures) to cover time off on holidays where the City was closed.

Employees would not have the option of working when the City was closed for a holiday if they did not have any leave time available. The following days are considered holidays:

New Year’s Day - January 1
Martin Luther King Day - Third Monday in January
Presidents’ Day - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day- November 11th
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
New Year’s Eve – December 31
Two (2) floating holidays
823
13 New Employees hired between the holiday allocation periods will receive the holiday bank in accordance with allocation for that period, less any holiday (at nine (9) hours per holiday) that have already been observed. Floating Holiday Leave hours will be pro-rated accordingly to the employees hire date.

The City will grant 4.5 hours off on New Year’s Eve afternoon to employees who are scheduled to work on that day, when this holiday falls on regularly scheduled work days.

The City will not grant these hours to employees who are in a leave status. These hours are not part of the Holiday Bank and cannot be carried over to another work day. The intent is to close the City and give employees who actually worked the first 4.5 hours of the day the afternoon off to spend with their families. Such time off will be granted only on those half days when otherwise required to work, allowing staff to leave early if it is a workday, not carry over to another day.

10. VACATION

10.1 Vacation Entitlement
Vacation Leave accrual is prorated hourly as earned. An employee may accumulate up to a maximum of two-hundred eighty (280) hours accrued Vacation Leave. Any employee who has accrued the maximum amount of vacation will not accrue any more vacation until their balance is below two-hundred eighty (280) hours. Unit members will be required to reduce vacation leave balances to 280 hours or less by December 31, 2021. Vacation hours in excess of 280 hours will not have cash value, may not be used in the buyback program and will not be paid out to unit members upon separation from employment. Annual accrual rates for employees with continuous years of service are as follows:

Less than five years: 96 hours
Five years, but less than ten years: 120 hours
Ten years, but less than fifteen years: 144 hours
Fifteen, but less than twenty-one years: 160 hours
Twenty-one years, but less than twenty-five years: 168 180 hours Twenty-two years: 176 hours
Twenty-three year: 184 hours
Twenty-four years: 192 hours
Twenty-five or more years: 200 hours
All use of Vacation Leave shall be at such time as approved by the employee’s Supervisor or Department Head. Use of Vacation Leave shall be scheduled at such times as the Department Head finds most suitable after considering the wishes of the employee and the requirements of the Department. For the efficiency and effectiveness of City services, Supervisors or Department Heads may assign the use of Vacation Leave and designate when it will be taken. All requests for use of Vacation Leave must be approved by the Supervisor or Department Head in writing prior to the commencement of the requested use on a form 824
14 provided by the Personnel Office. Completed forms are to be forwarded to the Personnel Office only after being utilized by the Department Head or Supervisor to verify timesheets.

Vacation Leave will not accrue while an employee is on Leave of Absence without Pay.

If an employee transfers from one department within the City to another, the Vacation Leave credits shall also be transferred.

10.2 General Provisions

10.2.1 Vacation Credit
An employee shall begin accruing vacation upon the first (1st) day of employment.

Vacation leave time shall be accrued as it is earned on a biweekly basis.

Employees on leave without pay status shall not earn vacation. Vacation time shall not be taken until earned and shall be subject to all other provisions of this agreement.

10.2.2 Vacation Usage
The times during which an employee may take vacation shall be as approved by the Supervisor, provided that if the requirements of the City service are such that part or all of an employee’s vacation must be deferred beyond a calendar year, the employee may take vacation during the following calendar year. A Department Head may also approve vacation if the employee’s Supervisor is unavailable or if the employee’s immediate supervisor is a Department Head. In the event that an employee requests, but is repeatedly denied vacation, and if such denial would cause the employee to exceed the two hundred forty (280) hour limit, the City Manager may temporarily increase the vacation limit until a mutually agreed upon vacation can be scheduled.

10.2.4 Effect of Termination on Vacation
825
15 Vacation is credited to the employee upon appointment and each pay period. Upon termination of an employee’s service with the City, he/she shall be paid a lump sum for all accrued, but unused, vacation hours.

10.2.6 Administrative/Compensatory Time/Vacation Leave Buyback Unit employees may buyback vacation, compensatory timep and/or administrative leave with continuous years of service as follows:

1. Employee must have taken a minimum of forty (40) hours of vacation leave during the period November 1st - October 31st prior to submitting the request.

2. Employee must maintain a minimum balance of 120 hours of vacation leave after submitting the request.

11. SICK LEAVE

11.1 General

11.1.2 Usage
Employees may use their accumulated sick leave immediately after it has been earned.

Sick leave with pay up to the total number of accumulated sick days shall be granted by the Department Head in case of bona fide illness or injury of employee.

Immediately upon return to work, the employee shall complete and submit the City’s Absence and Leave Affidavit to his/her immediate supervisor. The City 826
16 may determine, by reasonable means, the validity of any sick leave usage either as a condition of continuing an employee on sick leave status or as a requirement of returning to work. Additionally, if the City suspects an employee is abusing or has abused sick leave, the City may require the employee to be examined by the City’s physician at no cost to the employee.

Employees may use their accumulated sick leave for absence due to the following specified reasons:

1. Illness, injury, or health appointment of the employee.

2. Exposure of the employee to a contagious disease.

3. Illness, injury, or health appointment of the employee’s spouse, children or of persons residing within the employee’s household which require the presence of the employee.

4. To maintain a full paycheck while the employee is receiving worker’s compensation benefits.

5. Other reasons as approved by the Personnel Officer or designee.

1. No one can, by use of this transfer, reduce his or her accrued vacation leave to less than forty (40) hours.
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17 2. All such transfers shall be approved by the Personnel Officer or his/her designee.

3. All transfers shall be anonymous to the transferee.

The Personnel Officer shall determine the amount of leave, if any, which an employee may receive under this section. Employees wishing to donate leave must do so in writing to the Personnel Officer. Donated leave shall be utilized in the order of receipt by the Personnel Officer, and will be converted to sick leave for the employee’s use for the defined purpose, only. The amount of leave time transferred under this section which remains unused shall be returned to the employee or employees who transferred the leave when the Personnel Officer or designee finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred.

Bereavement leave or special sick leave, in case of death or serious illness of other persons, may be granted only upon approval of the City Manager.

11.7 Doctor/Dentist Visits
Sick leave may be used for doctor or dentist visits or to obtain medical or dental care, subject to advance approval by the Department Head.
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18 12. ADMINISTRATIVE LEAVE
Exempt Unit employees (not eligible for overtime) shall receive an Administrative Leave bank bi-annually for a total of sixty (62) hours per calendar year, and may carry a maximum of 24 hours into the following calendar year. Eligible Unit employees will receive an admin leave bank of 31 hours each year on January 1st and July 1st. Administrative leave has no cash value and is not paid out to terminating employees.

13. INDUSTRIAL ACCIDENT LEAVE
When an employee sustains an accident which results in an injury or illness arising out of and in the cause of employment which is compensable under the State Workers’ Compensation Act and which injury or illness necessitates the employee’s absence from work, the first three (3) calendar days of such absence shall be deemed to be Industrial Leave and the employee shall receive his/her regular salary for any regularly scheduled work days occurring within the three (3) day period following the date of such injury or illness, providing the injury or illness was not due to the employee’s gross negligence and that such absence from work is substantiated by a statement of a licensed physician certifying that the nature of the illness or injury is sufficiently sever to require the employee to be absent from his/her responsibilities for a rehabilitative period. Wages for the day of the injury will be paid for the regularly scheduled hours worked and is not a day of absence for leave purposes.

The employee has the right to notify the City, in writing prior to an injury, of his/her choice of physician should the employee be injured. The pre-designated medical provider must meet the requirements of CCC §9783 and agree to treat the employee for work related injuries. If the employee does not make this prior notification, the City has the right to require that the treatment be provided by a City designated medical examiner during the first thirty (30) days after the injury in accordance with Sections 4600 and 4601 of the Labor Code. If treatment is required on an emergency basis, and obtained from a non-City provider, the employee’s follow-up medical care will transfer to a provider designated by the City. The employee agrees to keep all medical appointments and follow prescribed treatment plan restrictions for both work and personal activities. This does not preclude the employee from seeking emergency treatment from a physician of the employee’s choice, or from being evaluated by a doctor of the employee’s choice even while under treatment from the City’s medical examiner. In such circumstances, other than in emergency situations, use 829
19 of a personal physician would be at employee’s expense.

If the employee is still in need of medical care thirty (30) days after the work related and reported injury, the employee has the right to be treated by a doctor of his/her choice.

13.1 Modified Duty
City and Association agree to the Modified Duty policy as stated in the Personnel Rules and Regulations, Section 3.4F. After a review of the doctor’s release to return to work, the employee’s capabilities and the needs of the City may result in assignment to another Department.

14. SPECIAL LEAVE

14.1 Miscellaneous Leave with Pay
An employee shall be granted leave of absence with full pay for:

1. Jury service;

2. Subpoena of him/her as a witness in a City matter; or

3. Attendance in court resulting from his/her official duties as assigned by the City Manager.

Paid leaves of absence will not apply if an absence for any of the above reasons falls on a day which is not a regularly scheduled work day, including flex days off.

Any extra compensation received by the employee for the above (travel time exempt) shall be remitted by the employee to the City.

Under no circumstances, unless approved by the Personnel Officer, may an employee use a leave of absence without pay for the purposes of working for another employer or to pursue self-employment.

14.3 Family Care and Medical Leave
Family leave shall be as identified in the City’s Personnel Rules and Regulations entitled “Medical Leave, Section 7.7”.
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20 15. BENEFITS AND INSURANCE

Cafeteria Plan options include health, dental, group term life, and supplemental disability and accident insurance. and deferred compensation (IRS 457).

Effective the first full pay period following adoption of the Agreement by the City Council, the City shall provide $1100.00 per month ($550.00 paid for the 1st and 2nd pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first full pay period of December 20212023, the City shall provide $1150 1350 per month ($6575.00) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first full pay period of December 20222024, the City shall provide $1250 1450 per month ($625725.00) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

New employeesEmployees hired after July 1, 2021 electing to opt out of medical coverage will receive a maximum opt out allowance of $500.00 per month. Employees hired after July 1, 2021 who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $500, shall be eligible to cash out the difference between $500 and the cost of the premium.

All employees must enroll in an available City health program unless they submit to the City both proof of health coverage and a signed health insurance waiver. Employees who fail to complete both requirements will not be allowed to utilize their Cafeteria Benefit Plan contributions for any other eligible plans. During the Open Enrollment period, the City reserves the right to require an employee to provide annual recertification of outside health coverage in order to continue to receive the cafeteria benefit.

15.2 City Matching Contribution to Deferred Compensation Plan City agrees that effective in the first full pay period by January 2024, or earlier if the City can implement this provision earlier, the City shall provide a matching contribution to an employee’s deferred compensation plan of up to one percent (1%) of the employee’s base 831
21 salary. For example, if an employee earns $50,000 base salary per year and contributes $25 into their deferred compensation plan each pay period for a total of $650 annual contribution, the City will contribute $500 annually to the employee’s deferred compensation plan. $500 is one percent of $50,000. If the employee contributes $10 per pay period for a total of $260 annually, the City shall contribute $260 to the employee’s deferred compensation account.

15.34 Selection
Employees will choose from available health insurance programs and/or health and dental plans at such times as carriers allow for open enrollment periods. Dependent coverage may be added or deleted between open enrollment periods subject to conditions imposed by the selected carriers.

15.45 Enrollment
The times at which enrollment in or withdrawal from the non-mandatory disability income insurance plan is authorized shall be established by City policy subject to requirements of the insurance carriers.

15.56 IRS Section 125 Plan
The City provides the IRS Section 125 Flexible Benefits Plan on a citywide basis to all fulltime regular employees. The City agrees to provide payroll deductions for participating employees, and make appropriate disbursements to the plan administrators. Selection of the plan administrator is the responsibility of the City.

15.67 State Disability Insurance (SDI)
The City shall participate in the employee-paid State Disability Program (SDI) for represented Unit employees pursuant to applicable State Regulations and the following provisions, within 90 days of the adoption of this Agreement. 832
22 A. For purposes of this section only, the term “employee” shall include regular employees assigned to Supervisory & Professional Association classifications.

B. If the bargaining unit chooses to withdraw from SDI after required two (2) years, membership must present a majority petition indication such desire.

C. All Unit employees will be automatically enrolled in SDI and premiums will be deducted from paycheck.

D. The City will be responsible for making payments to SDI on behalf of Unit employees and for all any reporting requirements.

E. SDI is not a City-provided or administered benefit. Unit employees will be responsible for filing claims and requesting updates through SDI of their claim status. If an employee has an SDI question, they will be required to contact SDI directly at (800) 480-3287 or go to their website at www.edd.ca.gov.

F. Per State Regulation benefits for employees not previously covered by SDI shall become effective seven (7) months after enrollment.

15.68 Long Term Disability
The City provides a Long-Term Disability Insurance Program to all Association employees at City expense.

15.79 Life Insurance
The City provides group term life insurance coverage of $100,000 for each employee, and $5000 for eligible dependents of each such employee at City expense.

16. RETIREMENT

16.1 PERS Plan
The City shall provide for employee retirement benefits through participation in the Public Employee’s Retirement System (PERS) as follows:

Miscellaneous members hired prior to March 20, 2006 will be provided with the 2.5% @ 55, Tier One (1) service retirement formula;
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23 Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;
The retirement allowance will be computed on the highest one (1) year of compensation.

B. For “Miscellaneous” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA.

Miscellaneous members will be provided with the 2 % @ 62 service retirement formula; The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

All New Members (as defined by PEPRA) hired by the City on or after January 1, 2013 will pay the full employee contribution, which will be one-half the normal cost rate as determined by CalPERS.

All Classic Members (as defined by PEPRA) will pay the full member contribution.

17. WORKING CONDITIONS

17.2 Work Site Safety Practices
Unit members shall cooperate with management in maintaining good work site safety practices in all facilities.

17.3 Reporting Unsafe Conditions
Unit members shall be responsible for reporting to their immediate supervisor any condition believed to be unsafe or unhealthy.

17.4 Investigations
The City will investigate such reports and take appropriate action to correct conditions found to be unsafe or unhealthy.
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24 17.5 Safety Equipment
The City will provide all necessary safety equipment as required by Section 6401 of the State Labor Codes, subject to any applicable legislation or judicial interpretation of that statute during the term of this Agreement.

17.6 Orientation Period
The orientation period of newly hired employees within the bargaining unit shall be six (6) months of paid service. At the discretion of the City Manager, the probationary period for a newly hired employee may be extended for up to an additional six (6) months from date of hire, if circumstances warrant, by giving notice to the employee fifteen (15) calendar days before the scheduled completion date of the normal probationary period. The probationary period for promoted employees shall be six (6) months of paid service. Rejection of probation shall be as set forth in the personnel rules and regulations as adopted by the City.

18. DRUG AND ALCOHOL TESTING
The City must comply with Federal requirements on random drug and alcohol testing. City will continue to enforce the adopted City policy.
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25 19. CONCERTED ACTIVITIES

19.2 No Strike Clause
It is agreed and understood that there will be no strike, work stoppage, slow down, or refusal to fully and faithfully perform job functions and responsibilities, or any interference with the operations of the City, or any concerted effort designed to improve its bargaining positions which interferes with, impedes or impairs City operation by the Association or by its officers, agents or members. The Association agrees that neither the Association nor its officers, agents or members will, in any manner whatsoever honor, assist or participate in any picketing activities, sanctions or any other form of interference with City operation by any other non-Unit employees or members of other employee associations or groups.

19.3 Lockout
The City agrees not to engage in any lockout.

19.4 Court Enforcement
Furthermore, the Association and City agree that the provisions in this Article are enforceable in a court of law, once the grievance procedures have been exhausted.

20. GRIEVANCE
All disputes arising under this Agreement shall be resolved in accordance with the City’s adopted Grievance Procedures, as set forth in the Personnel Rules and Regulations.

22. COMPLETION OF MEET AND CONFER
The parties acknowledge that, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter covered by this Agreement. 836
26 It is recognized that during the term of this agreement, it may be necessary for the City to make changes in matters defined as within the scope of representation (pursuant to Government Code Section 3504), such as hours, working conditions, or rules governing employees. When the City finds it necessary to make such changes, it shall notify the Association in writing indicating the proposed change before it is implemented. If the Association requests, the parties shall expeditiously undertake negotiations regarding the effect the change would have on employees. If the Association does not request negotiations, the change may be implemented. If the Association does request negotiations, any agreement resulting from such negotiations shall be reduced to writing.

23. SEVERABILITY
If any provisions of this MOU are held to be contrary to law by a court of competent jurisdiction, such provisions will not be valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect; however, no provisions in this MOU shall be construed to result in an illegal discriminatory act based on race, creed, sex or national origin or other protected basis.

24. TERM
This Agreement shall be in effect from July 1, 2021 2023 through June 30, 20232025. It shall continue in effect thereafter from year to year unless either party gives one hundred twenty (120) days’ notice (April 1st) prior to the yearly anniversary date, to terminate or modify this Agreement. The City and the Management: Supervisory & Professional Association both agree to initiate labor negotiations three months prior to the expiration date of the contract.

SUPERVISORY & CITY OF SANTA PAULA

PROFESSIONAL ASSOCIATION
_____________________________ ______________________________ Ruth Juanes Irma Rodriguez Moisa
Chief Negotiator
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27 _____________________________ ______________________________ Ulises Valenzuela Lorena Alvarez
Human Resources Manager
_____________________________
Kate Watkins

Supervisory and Professional Association
Position Classifications:

Number/Position Title
250 - Supervisory & Professional
268 - Accountant
275 - Administrative Analyst I
280 - Administrative Analyst II
258 - Assistant Planner
263 - Associate Planner
259 - Engineering Tech Sr.
278 – Fleet Supervisor
265 - Management Analyst
274 - Records Supervisor
276 – Recreation Supervisor
277 – Parks & Facilities Supervisor
279 – Streets Supervisor
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28 281 – Associate Engineer
282 – Emergency Services Coordinator
283 - City Clerk
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29 840
To: Honorable Mayor and Members of the City Council
From: Lorena Alvarez, Human Resources Manager
Subject:

MEMORANDUM OF UNDERSTANDING WITH THE MID-MANAGEMENT

ASSOCIATION
Date: June 21, 2023
Agenda Item: 10.U

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:
(1) Approve Resolution No. 7461, approving the Memorandum of Understanding between the City of Santa Paula and the Mid-Management Association for the period of July 1, 2023 through June 30, 2025.

BACKGROUND:

The current Memorandum of Understanding (MOU) with the Mid-Management Association (MMA) is due to expire on June 30, 2023. In compliance with the Meyers-Milias Brown Act (MMA), the City negotiations team commenced negotiations with the MMA towards a successor MOU and have been meeting and conferring in good faith regarding compensation, benefits and other terms and conditions of employment. These negotiations were based upon direction provided by the City Council in closed session during the negotiations process.

The Mid-Management membership ratified the tentative agreement on June 13, 2023. This action tonight seeks City Council approval of the terms and conditions negotiated and stated in the proposed MOU.

ANALYSIS:

The current Memorandum of Understanding (MOU) with the Mid-Management Association will expire on June 30, 2023. The City’s negotiations team and the MMA representatives have reached a two-year agreement with a 9% cost of living adjustment (COLA) over the term of the agreement.

In recognition of the difficulty that the City has had during the term of the current MOU in recruiting and retaining talent for classifications identified in the Mid-Management Association, the City has agreed to a $3500 Retention Bonus over the term of the agreement in addition to the agreed upon COLA’s as specified in the key items below.

The attached resolution implements the tentative agreement reached with the Mid841 Management Association.

Below are key items that have been negotiated:

Term of the Agreement shall be from July 1, 2023 through June 30, 2025.

Effective the first full pay period following July 1, 2023 ratification of this Agreement by MMA and adoption of the Agreement by the City Council, Unit employees shall receive a five percent (5%) cost of living adjustment to base salaries.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base salaries.

Retention Bonus will be payable in the first pay period in December 2023 for employees employed with the City from at least January 3, 2023 to December 1, 2023. A second $2000.00 Retention Bonus will be payable in the first pay period in December 2024 for employees who received the first retention bonus and are still employed by the City as of December 1, 2024.

Phased Cafeteria increase from $1250.00 to $1450.00 over the term of the contract.

City matching Deferred Compensation Plan contribution of up to 1% of the employee’s base salary.

Tuition Reimbursement Assistance increase from $2500.00 to $3000.00 a fiscal year.

Bilingual Pay increase from $30.00 to $50.00 per pay period.

Safety Boot Allowance increase from $225.00 to $250.00 annually.

New Year’s Eve has been added as a City Observed Holiday.

STRATEGIC PLAN:

FISCAL IMPACTS:

OPTIONS:

1. Approve Resolution No. 7461, approving the Memorandum of Understanding between the City of Santa Paula and the Mid-Management Association for the period of July 1, 2023 through June 30, 2025.

2. Provide alternative direction to staff.

ATTACHMENTS:

Resolution No. 7461.doc
Exhibit A to Resolution No. 7461.docx
Redlined.pdf
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RESOLUTION NO. 7461

A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR THE CONTRACT YEAR 2023-2025 BETWEEN THE CITY OF SANTA

PAULA AND THE MID MANAGEMENT ASSOCIATION
The City Council for the City of Santa Paula does resolve as follows:

SECTION 1: The City Council finds as follows:

A. The City, acting by and through its City Council appointed negotiation team, and representatives of the Mid Management Association, a duly recognized employee organization representing the City of Santa Paula’s Mid Management employees, met and conferred in good faith and fully communicated and exchanged information concerning salaries, hours and the terms and conditions of employment for contract years 2023-2025.

SECTION 2: The City Council approves the Memorandum of Understanding for Contract Year 2023-2025 between the City of Santa Paula and the Mid Management Association. The City Manager is authorized to execute the MOU on the City’s behalf and any ancillary documents necessary to implement the MOU.

SECTION 3: This Resolution will become effective as identified in Exhibit A, immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 4: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. 843
PASSED, AND ADOPTED, this 21th day of June, 2023.
____________________
Andy Sobel, Mayor
City of Santa Paula
ATTEST:
_________________________
Julie Latshaw, City Clerk
Approved as to form:
_______________________________
Monica Castillo, City Attorney
Approved as to content:
_______________________________
Dan Singer, City Manager
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845

MEMORANDUM OF UNDERSTANDING

MID-MANAGEMENT ASSOCIATION

PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milas Brown Act (Government Code Section 3500-3511) by and between the City Council of the City of Santa Paula, hereinafter designated “City”, and the Mid-Management Association, hereinafter designated “Association”.

The City Manager, or his/her designee, is the representative for the City of Santa Paula in employeremployee relations as authorized by the City Council.

Both parties recognize their mutual obligation to cooperate with each other to assure maximum service of the highest quality and efficiency to the citizens of Santa Paula.

This Memorandum of Understanding is subject to all existing laws of the United States of America, State of California, and the ordinances, resolutions and regulations of the City of Santa Paula. This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned regarding matters within the scope of representation for all employees within the bargaining unit for the contract year 2023-2025 commencing July 1, 2023 and concluding June 30, 2025.

UNDERSTANDING AND AGREEMENTS
The following understandings and agreements shall not become effective until ratified by the City Council:

1. EXCLUSIVE REPRESENTATION
This memorandum covers employees in the Mid-Management Association, as represented by the Association, which has been certified as the recognized employee organization. The list of represented classes is set forth in Appendix A, herein.

Whenever a person is hired in any of the job classifications covered by this memorandum, City agrees to notify such person that Association is the recognized employee organization for employees in that classification.
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1.1 Non-Discrimination
The City and the Association stipulate that the provisions of this agreement will apply equally to all employees covered herein without favor or discrimination because of race, religion, color, creed, national origin, sex, sexual orientation, marital status, age, mental, or physical disability, and/or any other category protected by federal or state law.

2. ASSOCIATION RIGHTS

2.2 Association Information
Association materials provided by the Association will be provided to eligible employees as a part 847
of the new orientation process. The Association will be responsible for supplying materials.

3. CITY RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, certain City rights will not be subject to the meet and confer process. These include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; withhold merit step salary increases related to job performance subject to the City’s Personnel Rules and Regulations; determine the procedures and standard of selection for employment, promotion and transfer; direct employees, including scheduling and assigning work, work hours, and overtime as required in the manner most advantageous to the City. It is understood by the parties that every related duty connected with operations enumerated in job descriptions is not always specifically described; nevertheless, it is intended that all such duties shall be performed by the employee; establish employee performance standards and to require compliance therewith; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for, it being understood that it is not the City’s intent to contract out any services currently being provided by employees in the representation unit; however, the City retains its management rights to investigate alternate options in the future; determine the content of job classifications; take all necessary actions to protect the public’s health and safety and carry out its mission in emergencies; and exercise complete control and discretion over the technology of performing its work.

3.1 Contracting Out Clause
In the event the City enters into any agreement with another public employer or private entity which involves the transfer of functions now being performed by employees in the Association, or the law provides for the transfer of functions now being performed by employees in the Association to another public or private agency, the City will advise such public or private entity of the existence and terms of the Memorandum of Understanding and will immediately advise the Association of such agreement by law. In addition, the City will consult with the employer absorbing the City function to encourage utilization of affected employees by the new employer. When a Request for Proposal or other contract solicitation documents are approved and issued, the City Manager will arrange within five (5) business days to meet with representatives of the Association to advise them of the action.

3.2 No Strike or Lockout
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The City and the Association agree that the City will not lockout employees and that the Association will not engage in labor practices detrimental to providing services to the citizens of Santa Paula or detrimental to the interest of the City, nor will the Association sanction, support, condone, approve, or engage in any strike, sick-in, slowdown, work stoppage, or speed-up. The City and Association further agree that all matters of controversy within the scope of this agreement will be settled by established grievance procedures or other remedies provided by law. The Association acknowledges that violation of above may be just cause for disciplinary action, including termination.

4. SALARY COMPENSATION
Effective the first full pay period following July 1, 2023 ratification of this Agreement by the MidManagement Association and adoption of the Agreement by the City Council, Unit employees shall receive a five percent (5.0%) cost of living adjustment to base salaries.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four (4%) cost of living adjustment to base salaries.

In addition, a $1,500.00 Retention Bonus will be payable in the first pay period in December 2023 for employees employed with the City from at least January 3, 2023 to December 1, 2023. A second $2,000.00 Retention Bonus will be payable in the first pay period in December 2024 for employees who received the first retention bonus and are still employed by the City as of December 1, 2024. These bonuses are not added to base salary and are not PERSable compensation.

4.2 Merit Increase
Merit increases will become effective on the actual anniversary date of the employee.

4.3 Evaluations
Performance evaluations shall be completed at least one week prior to the employee's anniversary date, but no later than sixty (60) days after this date. Employees who do not receive their evaluation within the sixty (60) day period would be deemed satisfactory and entitled to any merit increase due them and said increase would be retroactive to the employee's salary anniversary date.

4.5 Employment Status
In accordance with the Fair Labor Standards Act, all Mid-Management employees are designated as exempt from the provisions of the Act and are not eligible for overtime compensation except in the limited circumstances for Police Commander and Assistant Fire Chief, as specified below.

5. HOURS OF WORK

5.2 Regular Work Day
The regular working day of employees observing a 5/40 (40-hour work week) work schedule is eight (8) hours of work within a period not to exceed (9), consecutive hours, interrupted by a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour.

A Department Head, with the approval of the City Manager and after conferring with the affected employees, may institute alternate work schedules. For the term of this Resolution and except for bona fide emergencies, such schedules shall not be altered without consulting with unrepresented Mid-Management employees. However, should such a schedule be implemented, overtime will be paid for time worked in excess of the alternate work schedule hours and will not be based on an eight (8) hour work day. Affected unit personnel in the City will be placed on a flexible time schedule for work hours where this schedule does not affect customer service and is appropriate.

Police Commander Only: The daily schedule is an eight (8) hour work schedule (40 hour work week) inclusive of breaks and a one half (1/2) hour meal break.

The regular working day of employees observing a 9/80 work schedule is nine (9) hours of work within a period not to exceed ten (10) consecutive hours, interrupted by a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour; provided, the regular working day on alternate Fridays or other days, as determined by the Department Head, shall be eight (8) hours of work not to exceed nine (9) consecutive hours, interrupted by a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour.

5.3 Rest Period
One (1) fifteen (15) minute rest break with pay shall be provided to Mid-Management for each four (4) hours of service, as scheduled by appropriate supervisor. Rest periods and lunch periods may not be aggregated and used to extend the lunch period or shorten the work day.

5.5 Standard Hours and Days of Work
The standard work week shall consist of five (5) days, Monday through Friday inclusive; the regular work day shall begin at 8 a.m. and end at 5 p.m. Unless otherwise approved by the Department Head, the regular work day for employees observing a 9/80 schedule shall begin at 7:30 a.m. and end at 5:30 p.m. on those days when the regular working day is nine (9) hours of work. The standard work week for employees observing a 4/10 schedule shall be as determined by the Department Head. This standard shall not apply to employees of departments which require different schedules of work to meet operational and service objectives of City departments. Nonstandard hours and days of work for employees shall be as established in writing by the City Manager.

5.6 Flex Time
Employees on flex time or who work between the hours of 5:00 p.m. and 8:00 a.m. for their own convenience and who are not assigned to do so by their supervisor are not eligible for shift differential.

5.7 Time Between Shifts
Police personnel covered under this agreement shall have a minimum of 8 hours between assigned shifts with a maximum of 18 hours of work per shift except under emergency conditions or preapproval by management.

5.8 Reopener for 4/10 Work Schedule
The City may reopen negotiations at any time during the term of the MOU to discuss 4/10 working schedule.
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5.9 Working In a Higher Class
An employee who is assigned to work in a higher position, 1) shall receive Acting Pay beginning at the start of the first full shift following 80 consecutive working hours of an Acting assignment, and 2) shall be paid for all time served in a subsequent Acting position if the employee has received Acting Pay for the same temporary classification within the preceding 12 months, and there are at least seven consecutive working days in the future Acting assignments.

The employee shall receive the salary rate of the higher class in which he or she is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the salary schedule of the higher classification, which will assure an increase of not less than five percent greater than the salary of his or her current salary step, but in no case shall such salary exceed the top salary step of the higher classification. The requirement for the performance of duties of the higher classification shall be placed in writing by the Personnel Officer following recommendation by the affected Department Head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualification of the higher classification by the Personnel Officer as recommended by the Department Head. 6 BENEFITS AND INSURANCE

Effective the first full pay period of December 2023, the City shall provide $1,350.00 per month ($675.00 paid for the 1st and 2nd pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first full pay period of December 2024, the City shall provide $1,450.00 per month ($725.00paid for the 1st and 2nd pay period each month)) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Employees electing to opt out of medical coverage offered by the City because they have provided proof of medical coverage will receive a maximum opt out allowance of $1,000.00 per month.

Employees who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $1,000.00, shall be eligible to cash out the difference between $1,000.00 and the cost of the premium.

New employees hired after July 1, 2021 electing to opt out of medical coverage will receive a maximum opt out allowance of $500.00 per month. Employees hired after July 1, 2021 who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $500.00, shall be eligible to cash out the difference between $500.00 and the cost of the 852
premium.

All employees must enroll in an available City health program unless they submit to the City both proof of health coverage and a signed health insurance waiver. Employees who fail to complete both requirements will not be allowed to utilize their Cafeteria Benefit Plan contributions for any other eligible plans. During the Open Enrollment period, the City reserves the right to require an employee to provide annual recertification of outside health coverage in order to continue to receive the cafeteria benefit. The City will grant a reopener on the amount of the monthly cafeteria benefit contribution should the City's SEIU Local 721 employees receive an increase in their cafeteria benefit during the term of the agreement.

6.1.2 Eligibility
When an employee commences work with the City, his/her benefit distribution selection shall become effective the first of the month following date of employment. Deductions for benefits shall be made one month in advance for which coverage is provided.

6.1.3 Selection
Employees will choose from available health insurance programs and/or health and dental plans at such times as carriers allow for open enrollment periods. Dependent coverage may be added or deleted between open enrollment periods subject to conditions imposed by the selected carriers.

6.1.4 Enrollment
The times at which enrollment in or withdrawal from the non-mandatory disability income insurance plan is authorized shall be established by City policy subject to requirements of the insurance carriers.

6.2 IRS Section 125 Plan
The City provides the IRS Section 125 Flexible Benefits Plan on a Citywide basis to all full-time regular employees. The City agrees to provide payroll deductions for participating employees, and make appropriate disbursements to the plan administrators. Selection of the plan administrator is the responsibility of the City. In each current FSA Plan year, November 1st to October 31st , the City will pay the annual fee and the per enrolled employee administrative fee per month. Should fewer than ten employee’s Citywide sign-up for an FSA for the new plan year beginning November 1st, the City reserves the right to discontinue its participation its participation in the optional dependent care assistance program and health care reimbursement plan portion of the section 125 plan.

6.3 City Matching Contribution to Deferred Compensation Plan The City agrees that effective in the first full pay period by January 2024, or earlier if the City can implement this provision earlier, the City shall provide a matching contribution to an employee’s deferred compensation plan of up to one percent (1%) of the employee’s base salary. For example, 853
if an employee earns $50,000 base salary per year and contributes $25 into their deferred compensation plan each pay period for a total of $650 annual contribution, the City will contribute $500 annually to the employee’s deferred compensation plan. $500 is one percent of $50,000. If the employee contributes $10 per pay period for a total of $260 annually, the City shall contribute $260 to the employee’s deferred compensation account.

6.4 Life Insurance
The City provides group term life insurance coverage to $100,000 for each employee, and $5,000 for eligible dependents of each such employee.

6.5 Long Term Disability
The City provides a Long-Term Disability Insurance Program to all Mid-Management employees at City expense.
7 RETIREMENT

7.1 Public Employees' Retirement System
•
A. For “Safety” employees hired prior to January 1, 2013, and for safety employees hired on or after January 1, 2013 who are considered “Classic Members” of CalPERS within the meaning of the Employees’ Pension Reform Act of 2013 (PEPRA):

1. Classic “Safety” members will be provided with the 3% @ 50 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

B. For “Safety” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA:

1. Safety employees who are New Members will be provided with the 2.7% @ 57 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

C. For “Miscellaneous” employees hired prior to January 1, 2013, and for miscellaneous employees hired on or after January 1, 2013 who are considered “Classic Members” of CalPERS within the meaning of the Employees’ Pension Reform Act of 2013 (PEPRA)

1. Miscellaneous members hired prior to March 20, 2006 will be provided with the 854

2.5% @ 55, Tier One (1) service retirement formula;

2. Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;

3. The retirement allowance will be computed on the highest one (1) year of compensation.

D. For “Miscellaneous” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA

1. Miscellaneous members will be provided with the 2 % @ 62 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

7.2 Contribution to PERS
All safety and miscellaneous “classic” members will pay the full member contribution.

All safety and miscellaneous “new” members will pay one-half the normal cost, as determined by CalPERS.
8 OTHER COMPENSATION AND BENEFITS

8.1 Bilingual Pay
Employees may be eligible to receive bilingual pay of $50.00 per pay period ($1,300.00 per year).

Employee eligibility will be determined by the Department Director based on the operational needs of the department.

Consistent with the above eligibility determinations, and to recognize those employees who are able to communicate effectively with members of our community who speak primarily Spanish or any other language including but not limited to sign language. The program is one of the many ways our City Council encourages employees to provide the best customer service possible to our community. The City has determined that all classifications in this bargaining unit as of June 2023 are eligible for bilingual pay.”

8.2 Education Tuition Assistance
Tuition reimbursement may be made up to three thousand dollars ($3,000.00) per fiscal year in accordance with established City policy. It is the City's desire to encourage employees to further their education in order to excel in their profession. For this reason, the City Manager may authorize 855
employees to take courses during the employee's normal workday for a limited duration, if alternate classes are not available (e.g. night classes not offered). All requests must first be made through the Department Head and forwarded to the City Manager for final approval. All approvals will be based on staffing levels of the department and effect of city operations.

8.2.1 Education Incentive-Police Commander
To receive a five (5%) salary adjustment above the regular base salary level, a Police Commander must have either: 1) Bachelor of Arts/Science Degree in Police Science or related field or 2) Ninety (90) or more college units in an approved Police Science curriculum AND a P.O.S.T. Supervisory Certificate. To receive an eight percent (8%) salary adjustment above the regular base salary, a Police Commander must have 1) Ninety (90) or more college units in an approved Police Science curriculum AND a P.O.S.T. Management Certificate or 2) Master's degree. To receive an educational incentive, a Police Commander is required to present the original certificate or diploma or other substantiating records to Human Resources Department for verification.

8.3 City Vehicle Usage
The City will assign “Take-Home” vehicles for Safety positions, the Chief Building Official, and Water Superintendent, to be used in the course of the performance of official duties and as authorized by the City Manager.

8.4 Car Allowance
The Assistant Finance Director, Assistant Public Works Director, and the Planning and Economic Development Manager will receive a car allowance of $175.00 per month.

8.5 Uniform and Equipment Allowance
The City selects and purchases uniforms and equipment for employees that are required to wear uniforms. Repair and/or replacement of uniforms and equipment damaged or destroyed in the performance of official duty will be paid by the City. The employee will be responsible for the cost of repair and/or replacement of uniforms and equipment damaged as a result of negligence. The Department Director or his or her designee will make a complete investigation of each incident and will submit findings and recommendations, including the recommended amount of repayment to the City Manager. Employees are permitted to use City uniforms and equipment only while on the official duty of the City. Non-prescription safety glasses, gloves, vests, hard hats, and ear protection will be distributed on an as needed basis.

8.51 Uniform and Equipment Allowance (Police)
The City will provide a uniform allowance for the position of Police Commander which will include the cost of purchasing: three (3) pairs of pants; three (3) short-sleeved shirts; three (3) long-sleeved shirts; appropriate insignias, zippers for shirts, one (1) pair of work boots/shoes; tailoring, and laundering services. The cash allowance will be paid to each eligible member on a bi-weekly basis, the fixed dollar amount will be $65.39/bi-weekly ($1,700.14/annually). 856
Employees on sick leave, industrial disability leave, or leave of absence for more than two continuous weeks are not entitled to the uniform allowance for the period of time away from work.

The City will provide safety vests for all sworn employees. All necessary safety equipment will be provided by the City as required by Section 6401 of the State Labor Code, subject to any applicable legislative or judicial interpretation of that statute during the term of this agreement.

8.5.2 City Contribution-Safety Glasses
All Mid-Management employees who wear prescription glasses and are required to wear safety glasses will be issued a purchase requisition not to exceed the amount of two hundred fifty dollars ($250.00) to a vendor selected by the City when new or replacement prescription safety glasses are required. One (1) pair of safety glasses will be provided as required every year. Mid-Management employees may request an additional early replacement for damaged, destroyed or lost prescription safety glasses, provided they submit a written request to the Department Head who will conduct a complete investigation and will submit findings and recommendations to the City Manager for final approval. Eye examinations are the responsibility of the employee.

8.5.3 City Contribution-Safety Boots
All Mid-Management employees required to wear safety boots as determined by the Department Head will be issued a purchase requisition in the amount of two hundred and fifty dollars ($250.00) to a vendor selected by the City when replacement safety shoes are required. Shoe specifications will be determined by the City. One (1) pair of safety boots will be provided as required between July 1 and June 30th. All Mid-Management employees required to wear safety boots may request one (1) additional pair of safety boots, provided they submit a written request to the Department Head who will conduct a complete investigation and will submit findings and recommendations to the City Manager for final approval.

8.6 Outside Detail Overtime
Police: It is recognized that in police work, unanticipated demands may occasionally result in the need to work excess hours that exceed those routinely worked in a management level position.

Therefore, overtime may be authorized by the Chief of Police, on an exception only basis, for hours worked beyond the normal workweek in order to manage extreme emergencies, critical short-notice Watch Commander duties, or major incidents that require an inordinate amount of time and attention to complete the assignment. Requests for overtime must be authorized in advance. The Police Commander position is eligible to sign up for Special Contract Details or other special events that are funded by an outside source. Movie detail is to be paid at double time. 857

8.7 P.O.S.T. Training Reimbursement
Employees who attend P.O.S.T. certified training shall be reimbursed for incidentals up to the amount specified by the City's Travel Policy for such expenses.

8.8 Emergency Disasters
Personnel who routinely respond to emergencies will be reimbursed portal to portal for time committed to the incident. Personnel will be compensated at 1 ½ time rate over there normal shift for all emergency incidents, and will be required to mark "overtime" versus "comp time" on their time sheets when working during an emergency disaster. This change allows the City to be reimbursed through FEMA for employees work time.
9 HOLIDAYS
On January 1st of each year, unit employees will receive a Holiday Leave Bank of thirty-six (36) hours paid at straight time to be used exclusively for City observed holidays and a Floating Holiday Leave Bank of eighteen (18) hours.

On July 1st of each year, each confidential employee will receive a Holiday Leave Bank of seventytwo (72) hours paid at straight time to be used exclusively for City observed holidays. For those unit personnel on flexible work schedules and who are already scheduled a "flex day" on the holiday, and for those employees who are not on flexible work schedules and work an eight (8) hour day, the extra hours in the Holiday Leave Bank would become floating holiday hours to be scheduled for use throughout the year with the approval of their supervisor. The banked holiday hours may be used for any purpose that vacation, sick and compensatory leave may be used for, as long as prior approval is obtained from the supervisor.

The Holiday or Floating Holiday Leave Bank hours do not have a cash value.

If a holiday is worked, unit personnel receive pay at the overtime rate for all hours worked, in addition to straight time holiday pay.

Employees would not have the option of working when the City was closed for a holiday if they did not have any leave time available. The following days are considered holidays:

New Year's Day -January 1
Martin Luther King Day -Third Monday in January
Presidents' Day -Third Monday in February
Memorial Day -Last Monday in May
Independence Day -July 4
Labor Day -First Monday in September
Veteran's Day-November 11th
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Thanksgiving Day
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day -December 25
New Year’s Eve – December 31
Two (2) floating holidays
Employees hired between the holiday allocation periods will receive the holiday bank in accordance with allocation for that period, less any holiday (at 9 hours per holiday) that have already been observed. Floating Holiday Leave hours will be pro-rated accordingly to the employees hire date. 10 VACATION ENTITLEMENT

10.1 Vacation Leave
Vacation Leave accrual is prorated hourly as earned. An employee may accumulate up to a maximum of two-hundred eighty (280) hours accrued Vacation Leave. Any employee who has accrued the maximum amount of vacation will not accrue any more vacation until their balance is below two-hundred eighty (280) hours. Annual accrual rates for employees with continuous years of service are as follows:

Less than five years: 96 hours
Five years, but less than ten years: 120 hours
Ten years, but less than fifteen years: 144 hours
Fifteen years, but less than twenty-one years: 160 hours Twenty-one years, but less than twenty-five years: 180 hours Twenty-five or more years: 200 hours
All use of Vacation Leave shall be at such time as approved by the employee's Supervisor or Department Head. Use of Vacation Leave shall be scheduled at such times as the Department Head finds most suitable after considering the wishes of the employee and the requirements of the Department. For the efficiency and effectiveness of City services, Supervisors or Department Heads may assign the use of Vacation Leave and designate when it will be taken. All requests for use of Vacation Leave must be approved by the Supervisor or Department Head in writing prior to the commencement of the requested use on a form provided by the Personnel Office. Completed forms are to be forwarded to the Personnel Office only after being utilized by the Department Head or Supervisor to verify timesheets.

Vacation Leave will not accrue while an employee is on Leave of Absence without Pay.

If an employee transfers from one department within the City to another, the Vacation Leave credits shall also be transferred.
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10.2 GENERAL PROVISIONS

10.2.2 Vacation Usage
The times during which an employee may take vacation shall be as approved by the Supervisor, provided that if the requirements of the City service are such that part or all of an employee's vacation must be deferred beyond a calendar year, the employee may take vacation during the following calendar year. A Department Head may also approve vacation if the employee's Supervisor is unavailable or if the employee's immediate supervisor is a Department Head. In the event that an employee requests, but is repeatedly denied vacation, and if such denial would cause the employee to exceed the 280-hour limit, the City Manager may temporarily increase the vacation limit until a mutually agreed upon vacation can be scheduled.

10.2.3 Effects of Termination on Vacation
Vacation is credited to the employee upon appointment and each pay period. Upon termination of an employee's service with the City, he/she shall be paid a lump sum for all accrued, but unused, vacation hours.

10.2.4 Administrative / Vacation Leave Buyback
Unit employees may buyback vacation and/or admin leave with continuous years of service as follows:

Less than five years: up to 40 hours
Five years, but less than 10 years: up to 60 hours
More than 10 years: up to 80 hours

1. Employee must have taken a minimum of forty (40) hours of vacation leave during the period November 1st - October 31st prior to submitting the request.

2. Employee must maintain a minimum balance of 120 hours of vacation leave after submitting the request.

11.1 General Provisions
Sick leave hours no longer have cash value pursuant to the City's Personnel Rules and Regulations.

Employees will not be subject to any maximum on sick leave accruals. Accumulated sick leave will be credited to employee's length of service upon retirement from the City of Santa Paula and will become a part of the calculation upon which PERS retirement benefits are established.

11.1.3 Usage
Employees may use their accumulated sick leave immediately after it has been earned. Sick leave with pay up to the total number of accumulated sick days shall be granted by the Department Head in case of bona fide illness or injury of employee. Immediately upon return to work, the employee shall complete and submit the City's Absence and Leave Affidavit to his/her immediate supervisor.

The City may determine, by reasonable means, the validity of any sick leave usage either as a condition of continuing an employee on sick leave status or as a requirement of returning to work.

Additionally, if the City suspects an employee is abusing or has abused sick leave, the City may require the employee to be examined by the City's physician at no cost to the employee.

In addition to the sick leave usage allowed by City Personnel Rules, employees may use their accumulated sick leave for absence due to the following specified reasons:

1. Illness, injury, or health appointment of the employee.

2. Exposure of the employee to a contagious disease.

3. Illness, injury, or health appointment of the employee's spouse, children or of persons residing within the employee's household which require the presence of the employee.

4. To maintain a full paycheck while the employee is receiving worker's compensation benefits.

5. Other reasons as approved by the Personnel Officer or designee.

11.2 Leave Transfer
Unit employees will have the ability to transfer earned leave bank (vacation, and/or comp) to other employees in Units participating in this program, subject to the following conditions:

1. No one can, by use of this transfer, reduce his or her accrued vacation leave to less than 40.0 hours.

2. All such transfers shall be approved by the Personnel Officer or his/her designee.

3. All transfers shall be anonymous to the transferee.

The Personnel Officer shall determine the amount of leave, if any, which an employee may receive under this section. Employees wishing to donate leave must do so in writing to the Personnel Officer. Donated leave shall be utilized in the order of receipt by the Personnel Officer, and will be converted to sick leave for the employee's use for the defined purpose, only. The amount of leave time transferred under this section which remains unused shall be returned to the employee or employees who transferred the leave when the Personnel Officer or designee finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for 861
which the leave was transferred.

11.3 Bereavement and Special Sick Leave
Leave with pay up to five (5) working days per incident of death, but not to exceed 80 hours in a fiscal year will be granted by the Department Head in case of the death or serious illness of an immediate family member as specified in the City's Personnel Rules and Regulations.

Bereavement leave or special sick leave, in case of death or serious illness of other persons, may be granted only upon approval of the City Manager.

11.4 Maternity and Paternity Leave:

Maternity and Paternity Leave will be granted to eligible employees in accordance with the current Family and Medical Leave Act (FMLA). Eligible employees shall charge time-off against any accumulated leave, including sick leave.

11.8 Doctor/Dentist Visits:

Sick leave may be used for doctor or dentist visits or to obtain medical or dental care, subject to advance approval by the Department Head.

11.9 Sick Leave Pay Off
Accumulated sick leave will be credited to employee's length of service upon retirement from the City of Santa Paula and will become a part of the calculation upon which PERS retirement benefits are established.
12 INDUSTRIAL ACCIDENT LEAVE

12.1 Industrial Accident Leave
When an employee sustains an accident which results in an injury or illness arising out of and in the cause of employment which is compensable under the State Workers' Compensation Act and which injury or illness necessitates the employee's absence from work, the first three (3) calendar 862
days of such absence shall be deemed to be Industrial Leave and the employee shall receive his/her regular salary for any regularly scheduled work days occurring within the three (3) day period following the date of such injury or illness, providing the injury or illness was not due to the employee's gross negligence and that such absence from work is substantiated by a statement of a licensed physician certifying that the nature of the illness or injury is sufficiently sever to require the employee to be absent from his/her responsibilities for a rehabilitative period. Wages for the day of the injury will be paid for the regularly scheduled hours worked and is not a day of absence for leave purposes.

If the employee is not able to return to work after three (3) calendar days of Industrial Leave following the day of the injury or illness, the employee shall then be eligible for leave under the Family Medical Leave Act (FMLA), if qualified. The employee is permitted the option of taking leave without pay from the City while receiving those benefits allowed by the provisions of the State Workers' Compensation Act, or the employee may integrate his/her accumulated Sick Leave or Vacation Leave to his/her credit, with temporary disability benefits paid under the State Workers Compensation Act. In no instance shall an employee receive dual compensation from the City and the Workers' Compensation Insurance Fund.

The employee has the right to notify the City, in writing, prior to an injury, of his/her choice of physician should the employee be injured. The pre-designated medical provider must meet the requirements of CCC §9783 and agree to treat the employee for work related injuries. If the employee does not make this prior notification, the City has the right to require that the treatment be provided by a City designated medical examiner during the first thirty (30) days after the injury in accordance with Sections 4600 and 4601 of the Labor Code. If treatment is required on an emergency basis, and obtained from a non-City provider, the employee's follow-up medical care will transfer to a provider designated by the City. The employee agrees to keep all medical appointments and follow prescribed treatment plan restrictions for both work and personal activities. This does not preclude the employee from seeking emergency treatment from a physician of the employee's choice, or from being evaluated by a doctor of the employee's choice even while under treatment from the City's medical examiner. In such circumstances, other than in emergency situations, use of a personal physician would be at employee's expense.

If the employee is still in need of medical care thirty (30) days after the work related and reported injury, the employee has the right to be treated by a 'doctor of his/her choice.

12.1.2 Injury Leave (Police and Fire)
Whenever a sworn safety employee sustains an injury while actively engaged in law enforcement or fire duties, he or she will receive compensation as provided under the State Worker's Compensation Act. Such employee will be placed upon leave of absence at full pay and will be paid by the City for so long as is required by Section 4850 and related sections of the Labor Code. During the same time the City is required to pay and actually pays, the public safety employee will not be entitled to receive any temporary disability payments under the Worker's Compensation Act or retirement benefits under the Public Employee's Retirement System, and the City will be entitled to receive all payments which would otherwise be payable to such employee for temporary disability or upon retirement.
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Medical care and payments for permanent disabilities incurred in the course of employment are prescribed by the Workers' Compensation Act.

All injuries sustained in the course of employment must be reported as soon as possible to the Police Chief, or his designee, who will immediately report the same to the Personnel Officer. In the event the employee is physically incapacitated in such a manner as to prevent submission of a report, the Department Head shall complete and forward the required report to the Personnel Officer within twenty-four (24) hours following the injury. Failure to report an injury within thirty-six (36) hours of the injury may result in disciplinary procedures.

Sworn unit members are not entitled to utilize sick leave for any industrial injury or industrial illness. Employees on industrial leave are not entitled to additional day and/or time off for holidays which occur during the time an employee is on industrial leave. 13 SPECIAL LEAVE

13.1 Miscellaneous Leave with Pay
An employee shall be granted leave of absence with full pay for:

1. Jury service;

2. Subpoena of him/her as a witness in a City matter;

3. Attendance in court resulting from his/her official duties as assigned by the City Manager.

Paid leaves of absence will not apply if an absence for any of the above reasons falls on a day which is not a regularly scheduled work day, including flex days off.

Any extra compensation received by the employee for the above (travel time exempt) shall be remitted by the employee to the City.

13.2 Leave of Absence without Pay
The City Manager or designee may grant a full time regular employee a leave of absence without pay not to exceed one (1) year for non-medical purposes. Such leaves may be granted after vacation, administrative leave, holiday leave/bank, and compensatory leave may be exhausted.

Sick leave accruals may not be used for non-medical leaves. Under no circumstances, unless approved by the Personnel Officer, may an employee use a leave of absence without pay for the purposes of working for another employer or to pursue self-employment.

13.3 Administrative Leave
All Unit employees shall accrue administrative leave at the rate of sixty-two (62) hours per calendar year. Effective January 1, 2018, on January 1st of each year and on July 1st of each year, unit personnel will receive an Administrative Leave Bank of thirty-one (31) hours paid at straight time to be used for Administrative Leave. Employees may accumulate a maximum of sixty-two (62) 864
hours per calendar year, and a maximum of twenty-four (24) hours may be carried into the following calendar year. There shall be no proration of this leave benefit. Administrative leave has no cash value and is not paid out to terminating employees.
14 WORKING CONDITIONS

14.2 Drug and Alcohol Testing
The City must comply with Federal requirements on random drug and alcohol testing. City will continue to enforce the adopted City policy.

14.3 Orientation Period
With the exception of Public Safety employees, the orientation period of newly hired employees shall be six (6) months of paid service. At the discretion of the City Manager, the probationary period for a newly hired employee may be extended for up to an additional six (6) months from date of hire, if circumstances warrant, by giving notice to the employee fifteen (15) calendar days before the scheduled completion date of the normal probationary period. The probationary period for promoted employees shall be six (6) months of paid service. Rejection of probation shall be as set forth in the personnel rules and regulations as adopted by the City. The orientation period of Public Safety employees is one year, as with regular sworn police and fire employees.

14.4 Layoff Procedure
Until such time as the parties have met regarding an alternative, the City will continue to use its existing rules as a layoff procedure whenever a layoff affects members of the unit.

14.5 Cooling-Off Period
If an employee resigns from employment with the City, the City Manager or his or her designee may choose to make the resignation effective immediately regardless of any advance notice which may be provided by the employee. However, such an employee will be allowed a "cooling off' period of two working days within which to rescind their resignation. An employee who wishes to rescind his or her resignation must do so in writing and the writing must be delivered to the City Manager by the close of business on the second business day of the "cooling off'” period. An employee who timely rescinds his or her resignation during the "cooling off' period shall not be considered to have been separated and shall be treated as if there was no break in service. Any time during which such an employee is absent from work as a result of resigning shall be unpaid.

14.6 Grievance
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Grievance Procedures, as set forth in the Personnel Rules and Regulations. 865

14.7 Disciplinary Action
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Disciplinary Procedures, as set forth in the Personnel Rules and Regulations.

14.8 Investigations
The City will investigate such reports and take appropriate action to correct conditions found to be unsafe or unhealthy.

14.9 Safe Working Conditions
The City shall provide safe working conditions for all Mid-Management as required by law. The City has established an Injury and Illness Prevention Program (IIPP). One of the objectives of this policy is to meet on a quarterly basis with General Safety Committee.

14.9.1 Work Site Safety Practices
Mid-Management shall cooperate with management in maintaining good work site safety practices in all facilities.

14.9.2 Reporting Unsafe Conditions
Mid-Management shall be responsible for reporting to their immediate supervisor any condition believed to be unsafe or unhealthy.

14.9.3 Safety Equipment
The City will provide all necessary safety equipment as required by Section 6401 of the State Labor Codes, subject to any applicable legislation or judicial interpretation of that statute during the term of this Agreement.
15 COMPLETION OF MEET AND CONFER
The parties acknowledge that, for the life of this agreement, each voluntarily or unqualifiedly waives the right to meet and confer and that the other shall not be obligated to meet and confer with respect to any subject or matter covered by this agreement, notwithstanding any other provisions of laws to the contrary, or as provided for in this agreement. 16 SEVERABILITY
If any provisions of the MOU are held by the proper legislative or judicial authority to be unlawful, unenforceable, or unconstitutional, all other provisions of the MOU will remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal or state regulations, the provisions of the federal or state regulations shall be controlling. Upon the issuance of a decision declaring any article, section, or portion of 866
this MOU to be unlawful, unenforceable, or unconstitutional, the parties agree to meet and confer immediately concerning only those articles, sections, and portions. 17 NOTICE OF INTENT TO REOPEN
The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, notice must be given to the other not later than the last working day prior to the ending date of the contract, that such discussions are desired. 18 TERM
This Agreement shall be in effect from July 1, 2023 through June 30, 2025. It shall continue in effect thereafter from year to year unless either party gives one hundred twenty (120) days notice prior to the yearly anniversary date, to terminate or modify this Agreement. 19 FINALITY OF RECOMMENDATIONS
Upon ratification by the City Council, the recommendations set forth above are final. No changes or modifications shall be offered, urged, or otherwise presented by said Association or the City Manager for the period July 1, 2023 through June 30, 2025, except as provided for in this agreement.

MID-MANAGEMENT ASSOCIATION CITY OF SANTA PAULA

NEGOTIATING TEAM NEGOTIATING TEAM
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________________________________ ______________________________ Beatriz Jimenez Irma Rodriguez Moisa
Assistant Finance Director Chief Negotiator
_________________________________ ______________________________ Francisco Ramirez-Almazan Lorena Alvarez
Water Operations Superintendent Human Resources Manager __________________________________
Tom Tarantino
Planning and Economic Development Manager

POSITION CLASSIFICATION AND COMPENSATION PLAN

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Job Class Position Title
200 Mid-Management

MEMORANDUM OF UNDERSTANDING

MID-MANAGEMENT ASSOCIATION

The City Manager, or his/her designee, is the representative for the City of Santa Paula in employeremployee relations as authorized by the City Council.

Both parties recognize their mutual obligation to cooperate with each other to assure maximum service of the highest quality and efficiency to the citizens of Santa Paula.

This Memorandum of Understanding is subject to all existing laws of the United States of America, State of California, and the ordinances, resolutions and regulations of the City of Santa Paula. This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned regarding matters within the scope of representation for all employees within the bargaining unit for the contract year 2021-2023-2025 commencing July 1, 20212023 and concluding June 30, 20232025.

UNDERSTANDING AND AGREEMENTS
The following understandings and agreements shall not become effective until ratified by the City Council:

2. ASSOCIATION RIGHTS

2.2 Association Information
Formatted: Indent: Left: 0"
871
Association materials provided by the Association will be provided to eligible employees as a part of the new orientation process. The Association will be responsible for supplying materials.

3. CITY RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, certain City rights will not be subject to the meet and confer process. These include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; withhold merit step salary increases related to job performance subject to the City’s Personnel Rules and Regulations; determine the procedures and standard of selection for employment, promotion and transfer; direct employees, including scheduling and assigning work, work hours, and overtime as required in the manner most advantageous to the City. It is understood by the parties that every related duty connected with operations enumerated in job descriptions is not always specifically described; nevertheless, it is intended that all such duties shall be performed by the employee; establish employee performance standards and to require compliance therewith; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for, it being understood that it is not the City’s intent to contract out any services currently being provided by employees in the representation unit; however, the City retains its management rights to investigate alternate options in the future; determine the content of job classifications; take all necessary actions to protect the public’s health and safety and carry out its mission in emergencies; and exercise complete control and discretion over the technology of performing its work.

3.1 Contracting Out Clause
In the event the City enters into any agreement with another public employer or private entity which involves the transfer of functions now being performed by employees in the Association, or the law provides for the transfer of functions now being performed by employees in the Association to another public or private agency, the City will advise such public or private entity of the existence and terms of the Memorandum of Understanding and will immediately advise the Association of such agreement by law. In addition, the City will consult with the employer absorbing the City function to encourage utilization of affected employees by the new employer. When a Request for Proposal or other contract solicitation documents are approved and issued, the City Manager will arrange within five (5) business days to meet with representatives of the Association to advise them of the action.

4. SALARY COMPENSATION
Having met and conferred in good faith the parties agree to extend the term of their Agreement to June 30, 2023.

1. Effective the first full pay period following July 1, 2023 ratification of this Agreement by the Supervisory & Professional Mid-Management Association and adoption of the Agreement by the City Council, the City will provideUnit employees shall receive a Costfive percent (5.0%) cost of Living Adjustment (COLA) of 2% for unit membersliving adjustment to base salaries.

Effective the first full pay period commencing on or afterfollowing July 1, 2021,2024, Unit employees shall receive a four and (4%) cost of living adjustment to base salaries.

2. In addition, a $1,500.00 Retention Bonus will be payable in the first pay period in December 2023 for employees employed with the City from at least January 3, 2023 to December 1, 2023. A second $2,000.00 Retention Bonus will be payable in the first pay period in December 2024 for employees who received the first retention bonus and are still employed by the City will provide a Costas of Living Adjustment (COLA) of 2.5% for unit membersDecember 1, 2024. These bonuses are not added to base salary and are not PERSable compensation.

4.2 Merit Increase
Merit increases will become effective on the actual anniversary date of the employee.

4.4 Salary Schedule
Salary ranges effective during the period of this agreement shall be set forth in Exhibit “A” herein.

4.5 Base Wages
Base wages shall mean the hourly rate of pay earned by a unit employee within a salary range assigned by the City to the classification occupied by the employee. Base wages do not include educational incentive, overtime pay, standby pay, bilingual pay, and cafeteria plan monies, or other additional payments earned by a Unit employee pursuant to this resolution. Base wages shall be calculated by dividing an employee's biweekly salary range by eighty (80).

4.6 Employment Status
In accordance with the Fair Labor Standards Act, all Mid-Management employees are designated as exempt from the provisions of the Act and are not eligible for overtime compensation except in the limited circumstances for Police Commander and Assistant Fire Chief, as specified below.

5. HOURS OF WORK

5.2 Regular Work Day
The regular working day of employees observing a 5/40 (40 -hour work week) work schedule is eight (8) hours of work within a period not to exceed (9), consecutive hours, interrupted by a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour.

Police Commander Only: The daily schedule is an eight (8) hour work schedule (40 hour work week) inclusive of breaks and a one half (1/2) hour meal break.

The regular working day of employees observing a 9/80 work schedule is nine (9) hours of work within a period not to exceed ten (10) consecutive hours, interrupted by a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour; provided, the regular working day on alternate Fridays or other days, as determined by the Department Head, shall be eight (8) hours of work not to exceed nine (9) consecutive hours, interrupted by a lunch break of not less than one-half (1/2) hour, nor more than one (1) hour.

5.5 Standard Hours and Days of Work
The standard work week shall consist of five (5) days, Monday through Friday inclusive; the regular work day shall begin at 8 a.m. and end at 5 p.m. Unless otherwise approved by the Department Head, the regular work day for employees observing a 9/80 schedule shall begin at 7:30 a.m. and end at 5:30 p.m. on those days when the regular working day is nine (9) hours of work. The standard work week for employees observing a 4/10 schedule shall be as determined by the Department Head. This standard shall not apply to employees of departments which require different schedules of work to meet operational and service objectives of City departments. Nonstandard hours and days of work for employees shall be as established in writing by the City Manager.

5.8 Reopener for 4/10 Work Schedule
The City may reopen negotiations at any time during the term of the MOU to discuss 4/10 working schedule.

The employee shall receive the salary rate of the higher class in which he or she is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the salary schedule of the higher classification, which will assure an increase of not less than five percent greater than the salary of his or her current salary step, but in no case shall such salary exceed the top salary step of the higher classification. The requirement for the performance of duties of the higher classification shall be placed in writing by the Personnel Officer following recommendation by the affected Department Head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualification of the higher classification by the Personnel Officer as recommended by the Department Head. 6 BENEFITS AND INSURANCE

6.1 Cafeteria Benefit Plan
The City provides a monthly contribution to each Mid-Management employee to be used towards the Cafeteria Benefit Plan. These funds are to be used for eligible insurance plans included within the Cafeteria Plan. Cafeteria Plan options include health, dental, group term life, and supplemental disability and accident insurance and deferred compensation (IRS 457). . 876
Effective the first full pay period following adoption of the Agreement by the City CouncilDecember 2023, the City shall provide $1100.001,350.00 per month ($500.00 paid for the 1st or 2nd pay period each month675.00 paid for the 1st and 2nd pay period each month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first full pay period of December 20212024, the City shall provide $11501,450.00 per month ($575.00) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Effective the first full pay period of December 2022, the City shall provide $1250 per month ($625725.00 paid for the 1st and 2nd pay period each month)for the first two pay periods of the month) for each Unit employee towards the City’s health insurance reimbursement plan (Cafeteria Plan).

Employees electing to opt out of medical coverage offered by the City because they have provided proof of medical coverage will receive a maximum opt out allowance of $1,000.00 per month.

All employees must enroll in an available City health program unless they submit to the City both proof of health coverage and a signed health insurance waiver. Employees who fail to complete both requirements will not be allowed to utilize their Cafeteria Benefit Plan contributions for any other eligible plans. During the Open Enrollment period, the City reserves the right to require an employee to provide annual recertification of outside health coverage in order to continue to receive the cafeteria benefit. The City will grant a reopener on the amount of the monthly cafeteria benefit contribution should the City's SEIU Local 721 employees receive an increase in their cafeteria benefit during the term of the agreement.

The City may reopen negotiations at any time during the term of the MOU to address options for medical plans outside of CalPERS.

6.1.3 Selection
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Employees will choose from available health insurance programs and/or health and dental plans at such times as carriers allow for open enrollment periods. Dependent coverage may be added or deleted between open enrollment periods subject to conditions imposed by the selected carriers.

6.2 IRS Section 125 Plan
The City provides the IRS Section 125 Flexible Benefits Plan on a Citywide basis to all full-time regular employees. The City agrees to provide payroll deductions for participating employees, and make appropriate disbursements to the plan administrators. Selection of the plan administrator is the responsibility of the City. In each the current FSA Plan year, November 1st , 2008 to October 31st 1, 2009, the City will pay the annual fee and the per enrolled employee administrative fee per month. Should fewer than ten employees Citywide sign-up for an FSA for the new plan year beginning November 1, 2009November 1st, the City reserves the right to discontinue its participation its participation in the optional dependent care assistance program and health care reimbursement plan portion of the section 125 plan.

6.3 City Matching Contribution to Deferred Compensation Plan The City agrees that effective in the first full pay period by January 2024, or earlier if the City can implement this provision earlier, the City shall provide a matching contribution to an employee’s deferred compensation plan of up to one percent (1%) of the employee’s base salary. For example, if an employee earns $50,000 base salary per year and contributes $25 into their deferred compensation plan each pay period for a total of $650 annual contribution, the City will contribute $500 annually to the employee’s deferred compensation plan. $500 is one percent of $50,000. If the employee contributes $10 per pay period for a total of $260 annually, the City shall contribute $260 to the employee’s deferred compensation account.

6.4 Life Insurance
The City provides group term life insurance coverage to $100,000 for each employee, and $5,000 for eligible dependents of each such employee.

6.3 6.5 Long Term Disability
The City provides a Long-Term Disability Insurance Program to all Mid-Management employees at City expense.
7 RETIREMENT

7.1 Public Employees' Retirement System
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A. For “Safety” employees hired prior to January 1, 2013, and for safety employees hired on or after January 1, 2013 who are considered “Classic Members” of CalPERS within the meaning of the Employees’ Pension Reform Act of 2013 (PEPRA):

1. Classic “Safety” members will be provided with the 3% @ 50 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

B. For “Safety” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA:

1. Safety employees who are New Members will be provided with the 2.7% @ 57 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

1. Miscellaneous members hired prior to March 20, 2006 will be provided with the

2.5% @ 55, Tier One (1) service retirement formula;

2. Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;

3. The retirement allowance will be computed on the highest one (1) year of compensation.

D. For “Miscellaneous” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA

1. Miscellaneous members will be provided with the 2 % @ 62 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

7.2 Contribution to PERS
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All safety and miscellaneous “classic” members will pay the full member contribution.

All safety and miscellaneous “new” members will pay one-half the normal cost, as determined by CalPERS.
8 OTHER COMPENSATION AND BENEFITS

8.1 Bilingual Pay
AEmployees may be eligible to receive bilingual program providespay of $50.00 per pay period ($1,300.00 per year). Employee eligibility will be determined by the Department Director and based on the operational needs of the department.

Consistent with the above eligibility determinations, and to recognize those employees who are able to communicate effectively inwith members of our community who speak primarily Spanish, with a compensation of $780.00 annually ($30.00 per pay period) or any other language including but not limited to sign language. The program is one of the many ways our City Council encourages employees to provide the best customer service possible to our community. The City has determined that all classifications in this bargaining unit as of June 2023 are eligible for bilingual pay.”

8.2 Education Tuition Assistance
Tuition reimbursement may be made up to twothree thousand, five hundred dollars ($2,5003,000.00) per fiscal year in accordance with established City policy. It is the City's desire to encourage employees to further their education in order to excel in their profession. For this reason, the City Manager may authorize employees to take courses during the employee's normal workday for a limited duration, if alternate classes are not available (e.g. night classes not offered).

8.4 Car Allowance
The Assistant Finance Director, Assistant Public Works Director, and the Planning and Economic Development Manager will receive a car allowance of $175.00 per month.

Employees on sick leave, industrial disability leave, or leave of absence for more than two continuous weeks are not entitled to the uniform allowance for the period of time away from' work.

A fair and proportionate amount of the cost of replacement and/or repair of clothing and equipment (including weapons) which may be damaged, destroyed, or lost in the performance of official duty will be paid by the City when such damage or destruction is not the result of negligence on the part of the employee. The Police Chief or his or her designee will make a complete investigation of each individual claim and submit findings and recommendations, including the recommended amount of reimbursement, to the City Manager. The City Manager must approve all requests prior to reimbursement.
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The City will provide safety vests for all sworn employees. All necessary safety equipment will be provided by the City as required by Section 6401 of the State Labor Code, subject to any applicable legislative or judicial interpretation of that statute during the term of this agreement.

8.5.3 City Contribution-Safety Boots
All Mid-Management employees required to wear safety boots as determined by the Department Head will be issued a purchase requisition in the amount of two hundred and twenty-fivefifty dollars ($225250.00) to a vendor selected by the City when replacement safety shoes are required. Shoe specifications will be determined by the City. One (1) pair of safety boots will be provided as required between July 1 and June 30th. All Mid-Management employees required to wear safety boots may request one (1) additional pair of safety boots, provided they submit a written request to the Department Head who will conduct a complete investigation and will submit findings and recommendations to the City Manager for final approval.

8.7 P.O.S.T. Training Reimbursement
Employees who attend P.O.S.T. certified training shall be reimbursed for incidentals up to the amount specified by the City's Travel Policy for such expenses.

8.8 Emergency Disasters
Personnel who routinely respond to emergencies will be reimbursed portal to portal for time committed to the incident. Personnel will be compensated at 1 ½ time rate over there normal shift 882
for all emergency incidents, and will be required to mark "overtime" versus "comp time" on their time sheets when working during an emergency disaster. This change allows the City to be reimbursed through FEMA for employees work time.
9 HOLIDAYS
On January 1st of each year, unit employees will receive a Holiday Leave Bank of thirty-six (36) hours paid at straight time to be used exclusively for City observed holidays and a Floating Holiday Leave Bank of eighteen (18) hours.

On July 1st of each year, each confidential employee will receive a Holiday Leave Bank of sixtythree (63seventy-two (72) hours paid at straight time to be used exclusively for City observed holidays.

For those unit personnel on flexible work schedules and who are already scheduled a "flex day" on the holiday, and for those employees who are not on flexible work schedules and work an eight (8) hour day, the extra hours in the Holiday Leave Bank would become floating holiday hours to be scheduled for use throughout the year with the approval of their supervisor. The banked holiday hours may be used for any purpose that vacation, sick and compensatory leave may be used for, as long as prior approval is gainedobtained from the supervisor.

The Holiday or Floating Holiday Leave Bank hours do not have a cash value.

Employees would not have the option of working when the City was closed for a holiday if they did not have any leave time available. The following days are considered holidays:

New Year's Day -January 1
Martin Luther King Day -Third Monday in January
Presidents' Day -Third Monday in February
Memorial Day -Last Monday in May
Independence Day -July 4
Labor Day -First Monday in September
Veteran's Day-November 11th
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day -December 25
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New Year’s Eve – December 31
Two (2) floating holidays
Employees hired between the holiday allocation periods will receive the holiday bank in accordance with allocation for that period, less any holiday (at 9 hours per holiday) that have already been observed. Floating Holiday Leave hours will be pro-rated accordingly to the employees hire date.

The City will grant 4.5 hours off on New Year’s Eve afternoon to employees who are on duty on those days, when these holidays fall on regularly scheduled work days. The City will not grant these hours to employees who are in a leave status. These hours are not part of the Holiday Bank and cannot be carried over to another work day. The intent is to close the City and give employees who actually worked the first 4.5 hours of the day the afternoons off to spend with their families.

Such time off will be granted only on those half days when otherwise required to work, allowing staff to leave early if it is a workday, not carry over to another day. 10 VACATION ENTITLEMENT

10.1 Vacation Leave
Unit members will be required to reduce vacation leave balances to 280 hours or less by December 31, 2021. Vacation hours in excess of 280 hours will not have cash value, many not be used in the buyback program and will not be paid out to unit members upon separation from employment.

Vacation Leave accrual is prorated hourly as earned. An employee may accumulate up to a maximum of two-hundred eighty (280) hours accrued Vacation Leave. Any employee who has accrued the maximum amount of vacation will not accrue any more vacation until their balance is below two-hundred eighty (280) hours. Annual accrual rates for employees with continuous years of service are as follows:

Less than five years: 96 hours
Five years, but less than ten years: 120 hours
Ten years, but less than fifteen years: 144 hours
Fifteen years, but less than twenty-one years: 160 hours Twenty-one years: 168 hours
Twenty-two, but less than twenty-onefive years: 176180 hours Twenty-three year: 184 hours
Twenty-four years: 192 hours
Twenty-five or more years: 200 hours
All use of Vacation Leave shall be at such time as approved by the employee's Supervisor or Department Head. Use of Vacation Leave shall be scheduled at such times as the Department Head finds most suitable after considering the wishes of the employee and the requirements of the Department. For the efficiency and effectiveness of City services, Supervisors or Department Heads may assign the use of Vacation Leave and designate when it will be taken. All requests for use of Vacation Leave must be approved by the Supervisor or Department Head in writing prior to the commencement of the requested use on a form provided by the Personnel Office. Completed forms are to be forwarded to the Personnel Office only after being utilized by the Department Head or Supervisor to verify timesheets.

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Vacation Leave will not accrue while an employee is on Leave of Absence without Pay.

If an employee transfers from one department within the City to another, the Vacation Leave credits shall also be transferred.

10.2 GENERAL PROVISIONS

10.2.2 Vacation Usage
The times during which an employee may take vacation shall be as approved by the Supervisor, provided that if the requirements of the City service are such that part or all of an employee's vacation must be deferred beyond a calendar year, the employee may take vacation during the following calendar year. A Department Head may also approve vacation if the employee's Supervisor is unavailable or if the employee's immediate supervisor is a Department Head. In the event that an employee requests, but is repeatedly denied vacation, and if such denial would cause the employee to exceed the 280 -hour limit, the City Manager may temporarily increase the vacation limit until a mutually agreed upon vacation can be scheduled.

10.2.4 Administrative / Vacation Leave Buyback
Unit employees may buyback vacation and/or admin leave with continuous years of service as follows:

Less than five years: up to 40 hours
Five years, but less than 10 years: up to 60 hours
More than 10 years: up to 80 hours
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1. Employee must have taken a minimum of forty (40) hours of vacation leave during the period November 1st - October 31st prior to submitting the request.

2. Employee must maintain a minimum balance of 120 hours of vacation leave after submitting the request.

10.2.5 Life Insurance
The City provides group term life insurance coverage to $100,000 for each employee, and $5,000 for eligible dependents of each such employee.
11 SICK LEAVE

11.1 General Provisions
Sick leave hours no longer have cash value pursuant to the City's Personnel Rules and Regulations.

The City may determine, by reasonable means, the validity of any sick leave usage either as a condition of continuing an employee on sick leave status or as a requirement of returning to work.

Additionally, if the City suspects an employee is abusing or has abused sick leave, the City may require the employee to be examined by the City's physician at no cost to the employee.

In addition to the sick leave usage allowed by City Personnel Rules, employees may use their accumulated sick leave for absence due to the following specified reasons:

1. Illness, injury, or health appointment of the employee.

2. Exposure of the employee to a contagious disease.

3. Illness, injury, or health appointment of the employee's spouse, children or of persons residing within the employee's household which require the presence of the employee.

4. To maintain a full paycheck while the employee is receiving worker's compensation benefits.

5. Other reasons as approved by the Personnel Officer or designee. 886

1. No one can, by use of this transfer, reduce his or her accrued vacation leave to less than 40.0 hours.

2. All such transfers shall be approved by the Personnel Officer or his/her designee.

3. All transfers shall be anonymous to the transferee.

The Personnel Officer shall determine the amount of leave, if any, which an employee may receive under this section. Employees wishing to donate leave must do so in writing to the Personnel Officer. Donated leave shall be utilized in the order of receipt by the Personnel Officer, and will be converted to sick leave for the employee's use for the defined purpose, only. The amount of leave time transferred under this section which remains unused shall be returned to the employee or employees who transferred the leave when the Personnel Officer or designee finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred.

Bereavement leave or special sick leave, in case of death or serious illness of other persons, may be granted only upon approval of the City Manager.

11.4 Maternity and Paternity Leave:

City’s Proposal 05.18.21 –
Maternity and Paternity Leave will be granted to eligible employees in accordance with the current Family and Medical Leave Act (FMLA). Eligible employees shall charge time-off against any accumulated leave, including sick leave.

11.8 Doctor/Dentist Visits:

Sick leave may be used for doctor or dentist visits or to obtain medical or dental care, subject to advance approval by the Department Head.

12.1 Industrial Accident Leave
When an employee sustains an accident which results in an injury or illness arising out of and in the cause of employment which is compensable under the State Workers' Compensation Act and which injury or illness necessitates the employee's absence from work, the first three (3) calendar days of such absence shall be deemed to be Industrial Leave and the employee shall receive his/her regular salary for any regularly scheduled work days occurring within the three (3) day period following the date of such injury or illness, providing the injury or illness was not due to the employee's gross negligence and that such absence from work is substantiated by a statement of a licensed physician certifying that the nature of the illness or injury is sufficiently sever to require the employee to be absent from his/her responsibilities for a rehabilitative period. Wages for the day of the injury will be paid for the regularly scheduled hours worked and is not a day of absence for leave purposes.

If the employee is not able to return to work after three (3) calendar days of Industrial Leave following the day of the injury or illness, the employee shall then be eligible for leave under the Family Medical Leave Act (FMLA), if qualified. The employee is permitted the option of taking leave without pay from the City while receiving those benefits allowed by the provisions of the State Workers' Compensation Act, or the employee may integrate his/her accumulated Sick Leave or Vacation Leave to his/her credit, with temporary disability benefits paid under the State Workers Compensation Act. In no instance shall an employee receive dual compensation from the City and the Workers' Compensation Insurance Fund.

The employee has the right to notify the City, in writing, prior to an injury, of his/her choice of physician should the employee be injured. The pre-designated medical provider must meet the requirements of CCC §9783 and agree to treat the employee for work related injuries. If the employee does not make this prior notification, the City has the right to require that the treatment be provided by a City designated medical examiner during the first thirty (30) days after the injury in accordance with Sections 4600 and 4601 of the Labor Code. If treatment is required on an emergency basis, and obtained from a non-City provider, the employee's follow-up medical care will transfer to a provider designated by the City. The employee agrees to keep all medical 888
appointments and follow prescribed treatment plan restrictions for both work and personal activities. This does not preclude the employee from seeking emergency treatment from a physician of the employee's choice, or from being evaluated by a doctor of the employee's choice even while under treatment from the City's medical examiner. In such circumstances, other than in emergency situations, use of a personal physician would be at employee's expense.

If the employee is still in need of medical care thirty (30) days after the work related and reported injury, the employee has the right to be treated by a 'doctor of his/her choice.

Medical care and payments for permanent disabilities incurred in the course of employment are prescribed by the Workers' Compensation Act.

All injuries sustained in the course of employment must be reported as soon as possible to the Police Chief, or his designee, designee for Police employees or the Fire Chief, for Fire employees who will immediately report the same to the Personnel Officer. In the event the employee is physically incapacitated in such a manner as to prevent submission of a report, the Department Head shall complete and forward the required report to the Personnel Officer within twenty-four (24) hours following the injury. Failure to report an injury within thirty-six (36) hours of the injury may result in disciplinary procedures.

13.1 Miscellaneous Leave with Pay
An employee shall be granted leave of absence with full pay for:

1. Jury service;

2. Subpoena of him/her as a witness in a City matter;

3. Attendance in court resulting from his/her official duties as assigned by the City Manager.

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Paid leaves of absence will not apply if an absence for any of the above reasons falls on a day which is not a regularly scheduled work day, including flex days off.

Any extra compensation received by the employee for the above (travel time exempt) shall be remitted by the employee to the City.

13.3 Administrative Leave
All Unit employees shall accrue administrative leave biweekly at the rate of sixty-two (62) hours per calendar year. Effective January 1, 2018, on January 1st of each year and on July 1st of each year, unit personnel will receive an Administrative Leave Bank of thirty-one (31) hours paid at straight time to be used for Administrative Leave. Employees may accumulate a maximum of sixtytwo (62) hours per calendar year, and a maximum of twenty-four (24) hours may be carried into the following calendar year. There shall be no proration of this leave benefit. Administrative leave has no cash value and is not paid out to terminating employees. 14 WORKING CONDITIONS

14.2 Drug and Alcohol Testing
The City must comply with Federal requirements on random drug and alcohol testing. City will continue to enforce the adopted City policy.

14.6 Grievance
All disputes arising under this Agreement shall be resolved in accordance with the City's adopted Grievance Procedures, as set forth in the Personnel Rules and Regulations.

14.8 Investigations
The City will investigate such reports and take appropriate action to correct conditions found to be unsafe or unhealthy.

14.9.1 Work Site Safety Practices
Mid-Management shall cooperate with management in maintaining good work site safety practices in all facilities.

14.9.2 Reporting Unsafe Conditions
Mid-Management shall be responsible for reporting to their immediate supervisor any condition believed to be unsafe or unhealthy.
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14.9.3 Safety Equipment
The City will provide all necessary safety equipment as required by Section 6401 of the State Labor Codes, subject to any applicable legislation or judicial interpretation of that statute during the term of this Agreement.
15 COMPLETION OF MEET AND CONFER
The parties acknowledge that, for the life of this agreement, each voluntarily or unqualifiedly waives the right to meet and confer and that the other shall not be obligated to meet and confer with respect to any subject or matter covered by this agreement, notwithstanding any other provisions of laws to the contrary, or as provided for in this agreement. 16 SEVERABILITY
If any provisions of the MOU are held by the proper legislative or judicial authority to be unlawful, unenforceable, or unconstitutional, all other provisions of the MOU will remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal or state regulations, the provisions of the federal or state regulations shall be controlling. Upon the issuance of a decision declaring any article, section, or portion of this MOU to be unlawful, unenforceable, or unconstitutional, the parties agree to meet and confer immediately concerning only those articles, sections, and portions. 17 NOTICE OF INTENT TO REOPEN
The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, notice must be given to the other not later than the last working day prior to the ending date of the contract, that such discussions are desired. 18 TERM
This Agreement shall be in effect from July 1, 20212023 through June 30, 20232025. It shall continue in effect thereafter from year to year unless either party gives one hundred twenty (120) days notice prior to the yearly anniversary date, to terminate or modify this Agreement. 19 FINALITY OF RECOMMENDATIONS
Upon ratification by the City Council, the recommendations set forth above are final. No changes or modifications shall be offered, urged, or otherwise presented by said Association or the City Manager for the period July 1, 20212023 through June 30, 20232025, except as provided for in this agreement.
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MID-MANAGEMENT ASSOCIATION CITY OF SANTA PAULA

NEGOTIATING TEAM NEGOTIATING TEAM
________________________________ ______________________________ Beatriz Jimenez Irma Rodriguez Moisa
Assistant Finance Director Chief Negotiator
_________________________________ ______________________________ Francisco Ramirez-Almazan Lorena Alvarez
Water Operations Superintendent Human Resources Manager __________________________________
Tom Tarantino
Planning and Economic Development Manager

POSITION CLASSIFICATION AND COMPENSATION PLAN

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Job Class Position Title
200 Mid-Management

202 Assistant Finance Director
205 Police Commander
207 Assistant Public Works Director
208 Chief Building Official
214 Planning and Economic Development Manager
215 Water Operations Superintendent
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To: Honorable Mayor and Members of the City Council
From: Lorena Alvarez, Human Resources Manager
Subject: RESOLUTION NO. 7463 APPROVING EMPLOYMENT TERMS FOR

EXECUTIVE MANAGEMENT TEAM
Date: June 21, 2023
Agenda Item: 10.V

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Adopt Resolution No.7463 approving employment terms for Unrepresented Employees, Executive Management, for the period of July 1, 2023 through June 30, 2025.

BACKGROUND:

The City has five recognized bargaining units (or unions) that represent a majority of the City’s employees. As required by State law, the City engages in the meet and confer process with these bargaining units to establish terms and conditions of employment for their members. For most of these units, terms and conditions are memorialized in a Memorandum of Understanding (MOU) after negotiations have concluded.

The Executive Management Team is one of two groups that are not unionized or represented employee associations and are classified as unrepresented for which the terms and conditions of employment are established by City Council resolution rather than a negotiated MOU.

ANALYSIS:

This agenda item specifically requests the City Council approve employment terms and compensation for the Executive Management group for the period of July 1, 2023 through June 30, 2025.

With only one exception, the changes to the terms and compensation for the Executive Management that are being recommended are identical to those being recommended for other employee bargaining groups. The exception is the addition of an additional one percent City contribution to match employees contribution towards a deferred compensation plan.

The attached resolution implements the agreement reached with the Executive Management Team:

Term of the Agreement shall be from July 1, 2023 through June 30, 2025.

Effective the first full pay period following July 1, 2023 , employees shall receive a five percent (5%) cost of living adjustment to base salaries. 895
Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base salaries.

Phased Cafeteria increase from $1250.00 to $1450.00 over the term of the agreement.

City matching Deferred Compensation Plan contribution of up to 2% of the employees base salary.

Tuition Reimbursement Assistance increase from $2500.00 to $3000.00 per fiscal year.

New Year’s Eve has been added as a City Observed Holiday.

STRATEGIC PLAN:

FISCAL IMPACTS:

OPTIONS:

As an alternative to staff's recommendation, the City Council may:

1. Adopt Resolution No. 7463, Approving terms for the Executive Management Team

2. Provide alternative direction to staff.

ATTACHMENTS:

Resolution No. 7463.doc
896
1 RESOLUTION NO. 7463

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA ADOPTING EMPLOYMENT BENEFITS FOR UNREPRESENTED EMPLOYEES:

EXECUTIVE MANAGEMENT FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025
The City Council of the City of Santa Paula as follows:

SECTION 1: The City’s Executive Management are not represented by an employee association and are classified as unrepresented employees as listed in the attached Exhibit “A.”
SECTION 2: The following items will be provided to all full-time regular unrepresented Executive Management employees:

Term: The term is effective July 1, 2023 and expires June 31, 2025.

Salary Increase:

Effective the first full pay period following July 1, 2023, employees shall receive a five percent (5.0%) cost of living adjustment to base salaries.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base salaries.

Fair Labor Standards Act: All Executive Management employees are designated as exempt from the provisions of the FLSA and are ineligible for overtime compensation.

Flex Time: An employee and a supervisor may agree to incidental flex time in which an employee works variable work hours with corresponding flex hours off. All requests and approvals shall be in writing. Exempt employees must take all flex hours off within the eighty (80) hour work period in which the variable hours are worked. Flex time may not be used to supplement or replace holiday leave pay.

Severance Package Benefit: All Executive Management employees are eligible for a severance package that is equaled to three (3) months of base salary pay if released without cause.

Cafeteria Benefit Plan: The City provides a monthly contribution to each Executive Management employee to be used towards the Cafeteria Benefit Plan. These funds are to be used for eligible insurance plans included within the Cafeteria Plan. Cafeteria Plan options include health, dental, group term life, and supplemental disability and accident insurance.
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2 Effective the first full pay period of December 2023, the City shall provide $1350 per month ($675.00 paid the 1st and 2nd pay periods of each month) benefit contribution towards each full-time employee of the unit.

Effective the first full pay period of December 2024, the City shall provide $1450 per month ($725.00 paid the 1st and 2nd pay periods of each month) benefit contribution towards each full-time employee of the unit.

Employees electing to opt out of medical coverage offered by the City because they have provided proof of medical coverage will receive a maximum opt allowance of $1000.00 per month. Employees who use cafeteria benefit plan funds to purchase City health insurance and whose health insurance premium is less than $1,000.00, shall be eligible to cash out the difference between $1,000.00 and the cost of the premium.

All employees must enroll in an available City health program unless they submit to the City both proof of health coverage and a signed health insurance waiver.

Employees who fail to complete both requirements will not be allowed to utilize their Cafeteria Benefit Plan contributions for any other eligible plans. During the Open Enrollment periods only, the City reserves the right to require an employee to provide annual recertification of outside health coverage in order to continue to receive the cafeteria benefit.

IRS Section 125 Plan: Selection of the plan administrator is the responsibility of the City. The City provides the IRS Section 125 Flexible Benefits Plan on a Citywide basis to all full-time regular employees. The City agrees to provide payroll deductions for participating employees, and make appropriate disbursements to the plan administrators. Selection of the plan administrator is the responsibility of the City. The City reserves the right to discontinue the Flexible Spending Plan program at the conclusion of the Plan year on October 31st, if there is insufficient Citywide employee participation to break even on administrative costs. In the current FSA Plan year, November 1st to October 31st, the City will pay the annual fee and the employee administrative fee per month. Should fewer than ten employee’s Citywide sign-up for an FSA for the new plan year beginning November 1st, the City reserves the right to discontinue its participation in the Plan. The City will provide a minimum of thirty (30) days notice to Executive Management employees before the effective date of any planned discontinuation of the IRS Section 125 Flexible Benefits Plan. 898
3 Public Employees’ Retirement System:

A. For “Safety” employees hired prior to January 1, 2013, and for safety employees hired on or after January 1, 2013 who are considered “Classic Members” of CalPERS within the meaning of the Employees’ Pension Reform Act of 2013 (PEPRA):

1. Classic safety members will be provided with the 3% @ 50 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

B. For “Safety” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA:

1. Safety employees who are New Members will be provided with the 2.7% @ 57 service retirement formula;

2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

1. Miscellaneous members hired prior to March 20, 2006 will be provided with the 2.5% @ 55, Tier One (1) service retirement formula;

2. Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;

3. The retirement allowance will be computed on the highest one (1) year of compensation.

D. For “Miscellaneous” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA

1. Miscellaneous members will be provided with the 2 % @ 62 service retirement formula;
899
4 2. The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

Contribution to PERS:

All New members (as defined by PEPRA) hired by the City on or after January 1, 2013 will pay the full employee contribution, which will be one-half the normal cost rate as determined by CalPERS.

All Classic Members (as defined by PEPRA) will pay the full member contribution.

Long Term Disability: The City provides a Long Term Disability Insurance Program to each Executive Management employee at City expense.

Life Insurance: The City provides life insurance coverage of $100,000 for each employee, and $5000 for eligible dependents of each such employee at City expense.

City Matching Contribution to Deferred Compensation Plan: The City agrees that effective in the first full pay period by January 2024, or earlier if the City can implement this provision earlier, the City shall provide a matching contribution to an employee’s deferred compensation plan of up to two percent (2%) of the employee’s base salary.

For example, if an employee earns $50,000 base salary per year and contributes $50 into their deferred compensation plan each pay period for a total of $1300.00 annual contribution, the City will contribute $1000.00 annually to the employee’s deferred compensation plan. $1000.00 is two percent of $50,000. If the employee contributes $10 per pay period for a total of $260 annually, the City shall contribute $260 to the employee’s deferred compensation account.

Education Tuition Assistance: Tuition reimbursement may be made up to $3,000 per fiscal year in accordance with established City policy.

Car Allowance: All Executive Management receive a car allowance of $350.00 per month.

Bilingual Pay: A bilingual program provides those employees who are able to communicate effectively in Spanish, with a compensation of $1300.00 annually ($50.00 per pay period). Employee eligibility will be determined by the City Manager and the operational needs of the City.

Holiday Leave: On January 1st of each year, unit employees will receive a Holiday Leave Bank of thirty-six (36) hours paid at straight time to be used exclusively for City observed holidays and a Floating Holiday Leave Bank of eighteen (18) hours. 900
5 On July 1st of each year, each confidential employee will receive a Holiday Leave Bank of seventy-two (72) hours paid at straight time to be used exclusively for City observed holidays.

For those employees on flexible work schedules and who are already scheduled a “flex day” on the holiday, and for those employees who are not on flexible work schedules and work an eight (8) hour day, the extra hours in the Holiday Leave Bank would become floating holiday hours to be scheduled for use throughout the year with the approval of their supervisor. The banked holiday hours may be used for any purpose that vacation, sick and compensatory leave may be used for, as long as prior approval is obtained from the City Manager.

Any extra hours not used by the end of the calendar year would be carried over for ninety (90) days. If the employee does not use the hours by that date, they lose the carryover hours. The Holiday Leave Bank hours do not have a cash value.

The following days are holidays:

New Year’s Day - January 1
Martin Luther King Day - Third Monday in January
Presidents’ Day - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day- November 11th
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
New Year’s Eve – December 31
Vacation Leave: Vacation Leave accrual is prorated hourly as earned. Executive Management employees may accumulate up to a maximum of three-hundred twenty (320) hours accrued Vacation Leave as of the end of the pay period that includes December 31 of each calendar year and any employee who has accrued the maximum amount of vacation will not accrue any more vacation until their balance is below three-hundred twenty (320) hours. Annual accrual rates for employees with continuous years of service are as follows:

Less than five years: 96 hours
Five years, but less than ten years: 120 hours
Ten years, but less than fifteen years: 144 hours
Fifteen, but less than twenty-one years: 160 hours
Twenty-one, but less than twenty-five years 180 hours
Twenty-five or more years: 200 hours
901
6 1. All use of Vacation Leave must be approved by the City Manager. Use of Vacation Leave must be scheduled at such times as the City Manager finds most suitable after considering the wishes of the employee and the requirements of the Department. All requests for use of Vacation Leave must be approved by the City Manager in writing before the commencement of the requested use.

2. Vacation Leave will not accrue while an employee is on Leave of Absence Without Pay. Accumulated and unused Vacation Leave may be used to supplement Sick Leave if the employee has exhausted Sick Leave accruals.

Paid holidays occurring during vacation are not charged to Vacation Leave. If an employee on vacation becomes sick, Sick Leave may be substituted subject to the approval of City Manager.

3. If an employee transfers from one department within the City to another, the Vacation Leave credits are also transferred.

All Executive Management employees are required to take forty (40) hours of vacation leave in a twelve (12) month period (January – December).

Sick Leave: Sick leave hours no longer have cash value pursuant to the City’s Personnel Rules and Regulations. Employees will not be subject to any maximum on sick leave accruals. Accumulated sick leave will be credited to employee's length of service upon retirement from the City of Santa Paula and will become a part of the calculation upon which PERS retirement benefits are established.

Administrative Leave: Executive Management accrues administrative leave on a biweekly basis at the rate of ninety (90) hours per year, and may carry a maximum of 60 hours into the following calendar year. Effective January 1, 2018, on January 1st of each year and on July 1st of each year, unit personnel will receive an Administrative Leave Bank of 45 hours paid at straight time to be used for Administrative Leave.

Administrative leave has no cash value and is not paid out to terminating employees.

Vacation/Administrative Leave Buyback: Unit employees may buyback vacation and/or comp leave with continuous years of service as follows:

Less than five years: up to 40 hours
Five years, but less than 10 years: up to 60 hours
More than 10 years: up to 80 hours

1. Employee must have taken a minimum of forty (40) hours of vacation leave during the period November 1st - October 31st prior to submitting the request.

2. Employee must maintain a minimum balance of 120 hours of vacation leave after submitting the request.
902
7 Employee must submit request form to Human Resources Manager by October 31st, with payment to be made the first pay period of December. Forms will be available in the City’s “O” drive and/or through the Human Resources Office.

SECTION 4: This Resolution will become effective immediately upon adoption and will remain until June 30, 2025 unless repealed or superseded.

PASSED AND ADOPTED this 21th day of June 2023.
______________________________
Andy Sobel, Mayor
City of Santa Paula
ATTEST:
_________________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
_________________________________
Monica Castillo, City Attorney
APPROVED AS TO CONTENT:
903
8 _________________________________
Dan Singer, City Manager
904
9 EXHIBIT “A”

CITY OF SANTA PAULA

EXECUTIVE MANAGEMENT

POSITION TITLES
Assistant City Manager
Community and Economic Development Director
Finance Director
Human Resources Administrator
Chief Information Officer
Parks and Recreation Director
Police Chief
Public Works Director
905
To: Honorable Mayor and Members of the City Council
From: Lorena Alvarez, Human Resources Manager
Subject: APPROVAL OF EMPLOYMENT BENEFITS FOR UNREPRESENTED:

CONFIDENTIAL EMPLOYEES AND ADOTPION OF RESOLUTION NO.
7464 FOR THE TERM OF JULY 1, 2023 THROUGH JUNE 30, 2025 Date: June 21, 2023
Agenda Item: 10.W

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

It is recommended that the City Council:
(1) Adopt Resolution No.7464, approving employment terms for Unrepresented: Confidential Employees, for the period of July 1, 2023 through June 30, 2025 BACKGROUND:

The Unrepresented: Confidential Employees is one of two groups that are not unionized or represented employee associations and are classified as unrepresented for which the terms and conditions of employment are established by City Council resolution rather than a negotiated MOU.

ANALYSIS:

This agenda item specifically requests the City Council approve employment terms and compensation for the Unrepresented: Confidential Employees for the period of July 1, 2023 through June 30, 2025.

The changes to the terms and compensation for the Unrepresented: Confidential employees that are being recommended are identical or less to those being recommended for other employee bargaining groups.

The attached resolution implements the agreement reached with the Unrepresented:

Confidential Employees:

Term of the Agreement shall be from July 1, 2023 through June 30, 2025. 906
Effective the first full pay period following July 1, 2023 , Unit employees shall receive a five percent (5.0%) cost of living adjustment to base wages.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base wages.

Phased Cafeteria increase from $1250.00 to $1450.00 over the term of the agreement.

City matching Deferred Compensation Plan contribution of up to 1% of the employee’s base salary.

Tuition Reimbursement Assistance increase from $2500.00 to $3000.00 a fiscal year.

New Year’s Eve has been added as a City Observed Holiday.

STRATEGIC PLAN:

FISCAL IMPACTS:

Costs associated with these changes have been incorporated in to the Proposed Budget for Fiscal Years 2023/24 and 2024/25.

OPTIONS:

1. Adopt Resolution No. 7464, Approving terms for the Unrepresented: Confidential Employees.

2. Provide alternative direction to staff.

ATTACHMENTS:

RESOLUTION NO. 7464.docx
907
RESOLUTION NO. 7464

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA APPROVING TERMS AND CONDITIONS FOR UNREPRESENTED: CONFIDENTIAL EMPLOYEES FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025 The City Council resolves as follows:

SECTION 1: The City's Confidential employees are not represented by an employee association and are classified as Unrepresented employees as listed in the attached Exhibit “A”.

SECTION 2: The following items will be provided to all full-time regular Unrepresented and Confidential employees:

Term: The term is effective July 1, 2023 and expires June 31, 2025.

Cost of Living Adjustment (COLA):

Effective the first full pay period following July 1, 2023, employees shall receive a five percent (5.0%) cost of living adjustment to base wages.

Effective the first full pay period following July 1, 2024, Unit employees shall receive a four percent (4%) cost of living adjustment to base wages.

Flex Time: An employee and a supervisor may agree to incidental flex time in which an employee works variable work hours with corresponding flex hours off. All requests and approvals shall be in writing. Non-exempt employees must take all flex hours off within the forty (40) hour work week in which the variable hours are worked. Employees who participate in an incidental flex time arrangement shall waive daily overtime for the time designated as flex time worked. Flex time may not be used to supplement or replace holiday leave pay.

Cafeteria Benefit Plan: The City provides a monthly contribution to each eligible member of the unit to be used towards the Cafeteria Benefit Plan. Cafeteria Plan options include health, dental, group term life, and supplemental disability and accident insurance.

Effective the first full pay period of December 2023, the City shall provide $1350 per month ($675.00 paid the 1st and 2nd pay periods of each month) benefit contribution towards each full-time employee of the unit.
908
Effective the first full pay period of December 2024, the City shall provide $1450 per month ($725.00 paid the 1st and 2nd pay periods of each month) benefit contribution towards each full-time employee of the unit.

IRS Section 125 Plan: The City provides the IRS Section 125 Flexible Benefits Plan on a Citywide basis to all full-time regular employees. The City agrees to provide payroll deductions for participating employees, and make appropriate disbursements to the plan administrators. Selection of the plan administrator is the responsibility of the City. The City reserves the right to discontinue the Flexible Spending Plan program at the conclusion of the Plan year on October 31st, if there is insufficient Citywide employee participation to break even on administrative costs.

California Public Employee’s Retirement System (CALPERS) Plan:

The City shall provide for employee retirement benefits through participation in the Public Employee’s Retirement System (PERS) as follows:

A. For “Miscellaneous” employees hired prior to January 1, 2013, and for miscellaneous employees hired on or after January 1, 2013 who are considered “Classic Members” of CalPERS within the meaning of the Employees’ Pension Reform Act of 2013 (PEPRA)
Miscellaneous members hired prior to March 20, 2006 will be provided with the 2.5% @ 55, Tier One (1) service retirement formula;
909
Miscellaneous members hired after March 20, 2006 will be provided with the 2% @ 55, Tier Two (2) service retirement formula;
The retirement allowance will be computed on the highest one (1) year of compensation.

B. For “Miscellaneous” employees hired on or after January 1, 2013 who are considered “New Members” within the meaning of PEPRA
Miscellaneous members will be provided with the 2 % @ 62 service retirement formula; The retirement allowance will be computed on the average of the employee’s final three (3) years of compensation.

Public Employees' Retirement System: Upon adoption of this resolution, the City will cease paying any portion of the “Classic” member’s employee contribution to CalPERS.

All New Members (as defined by PEPRA) hired by the City on or after January 1, 2013 will pay the full employee contribution, which will be one-half the normal cost rate as determined by CalPERS.

For employees who are members of the City’s 2.5% @ 55, Tier One (1) service retirement formula, the cost of the 8% employee contribution will be paid by the employee, through pre-tax payroll deduction.

For employees who are members of the City’s 2.0% @ 55, Tier Two (2) service retirement formula, the cost of the 7% employee contribution will be paid by the employee, through pre-tax payroll deduction.

Long Term Disability: The City provides a Long Term Disability Insurance Program to each confidential employee at City expense.

Life Insurance: The City provides life insurance coverage of $100,000 for each employee, and $5000 for eligible dependents of each such employee at City expense.

For example, if an employee earns $50,000 base salary per year and contributes $25 into their deferred compensation plan each pay period for a total of $650 annual contribution, the City will contribute $500 annually to the employee’s deferred compensation plan. $500 is one percent of $50,000. If the employee contributes $10 per pay period for a total of $260 annually, the City shall contribute $260 to the employee’s deferred compensation account.
910
Education Tuition Assistance: Tuition reimbursement may be made up to $3,000 per fiscal year in accordance with established City policy. It is the City's desire to encourage employees to further their education in order to excel in their profession. For this reason, the City Manager may authorize employees to take courses during the employee's normal workday for a limited duration, if alternate classes are not available (e.g. night classes not offered). All requests must first be made through the Department Head and forwarded to the City Manager for final approval. All approvals will be based on staffing levels of the department and effect of city operations.

Bilingual Pay: Unit employees may be eligible to receive bilingual pay of $50.00 per pay period ($1300.00 per year).

On July 1st of each year, each confidential employee will receive a Holiday Leave Bank of seventy-two (72) hours paid at straight time to be used exclusively for City observed holidays.

For those employees on flexible work schedules and who are already scheduled a "flex day" on the holiday, and for those employees who are not on flexible work schedules and work an eight (8) hour day, the extra hours in the Holiday Leave Bank would become floating holiday hours to be scheduled for use throughout the year with the approval of their supervisor. The banked holiday hours may be used for any purpose that vacation, sick and compensatory leave may be used for, as long as prior approval is gained from the supervisor.

The following days are considered holidays:

New Year's Day - January 1
Martin Luther King Day - Third Monday in January
Presidents' Day - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran's Day- November 11th
Thanksgiving Day
911
Friday after Thanksgiving
Christmas Eve – December 24th
Christmas Day - December 25th
New Year’s Eve – December 31st
Vacation Leave: Vacation hours in the excess of 280 hours will not have cash value, may not be used in the buyback program and will not be paid out to unit members upon separation of employment. Vacation Leave accrual is prorated hourly as earned.

Unrepresented employees may accumulate up to a maximum of two-hundred eighty (280) hours accrued Vacation Leave, any employee who has accrued the maximum amount of vacation will not accrue any more vacation until their balance is below two-hundred eighty (280) hours. Annual accrual rates for employees with continuous years of service are as follows:

Less than five years: 96 hours
Five years, but less than ten years: 120 hours
Ten years, but less than fifteen years: 144 hours
Fifteen, but less than twenty-one years: 160 hours
Twenty-one, but less than twenty-five years: 180 hours
Twenty-five or more years: 200 hours
All use of Vacation Leave must be at such time as approved by the Supervisor or Department Head. Use of Vacation Leave must be scheduled at such times as the Supervisor or Department Head finds most suitable after considering the wishes of the employee and the requirements of the Department. For the efficiency and effectiveness of City services, Supervisors or Department Heads may assign the use of Vacation Leave and designate when it will be taken. All requests for use of Vacation Leave must be approved by the Supervisor or Department Head, in writing prior to the commencement of the requested use. Completed forms are to be forwarded to the Personnel Office only after being utilized by the Department Head or Supervisor to verify timesheets.

Vacation Leave will not accrue while an employee is on Leave of Absence Without Pay.

Accumulated and unused Vacation Leave may be used to supplement Sick Leave if the employee has exhausted Sick Leave accruals. Paid holidays occurring during vacation 912
are not charged to Vacation Leave. If an employee on vacation becomes sick, Sick Leave may be substituted subject to the approval of Department Head.

If an employee transfers from one department within the City to another, the Vacation Leave credits must also be transferred.

Vacation Leave Buyback: Unit employees may buyback vacation and/or comp leave with continuous years of service as follows:

Less than five years: up to 40 hours
Five years, but less than 10 years: up to 60 hours
More than 10 years: up to 80 hours
Employee must have taken a minimum of forty (40) hours of vacation leave during the period of November 1st – October 31st prior to submitting the request.

Employee must maintain a minimum balance of 120 hours of vacation leave after submitting the request.

Employee must submit request to Human Resources Manager by October 31st, with payment to be made the first pay period of December. Forms will be available in the City’s “O” drive and/or through the Human Resources Office.

Overtime: It is the policy of the City to keep all overtime usage to a minimum. This policy extends to all varieties of overtime usage including holdover, callback and standby. Prior authorization of the employee’s supervisor must be secured and communicated to the employee:

Overtime is defined as all hours worked in excess of an employee’s regularly scheduled workday or workweek. For purposes of determining OT, “hours worked” means hours the employee actually worked as defined by the FLSA and expressly excludes paid time off for compensatory time off, vacation leave, jury duty and bereavement leave, sick leave or leave without pay. Holiday hours will be considered “hours worked” for purposes of calculating overtime.

Overtime will be paid in compliance with the FLSA at a rate of one and one-half (1 ½) times the employee’s regular rate of pay or a unit employee may choose in lieu of cash payment to be compensated for OT by the accumulation of compensatory time, at the rate of one and one-half (1 ½) hour’s compensatory time for each overtime hour actually worked. “Hours worked” means hours the employee actually worked as defined by the FLSA and expressly excludes paid time off for holidays, compensatory time off, vacation leave, jury duty and bereavement leave, sick leave or leave without pay for the purpose of calculating compensatory time.
913
Double Time: Double time (two (2) times regular rate of pay) will be paid to confidential employees for all assigned time worked beyond four hours at evening City Council or Commission meetings which commence after the employee’s regular work day.

Additional double time for other evening meetings or evening work may be authorized by the City Manager.

Standby: Employees who the City expressly requires to remain available for contact and call-out for emergency call back, at times that the employee is not otherwise scheduled to be nor are on duty, shall be paid an additional salary of $50 per day on Saturdays, Sundays, City holidays, employee's flex day, and Fridays after their regularly schedule time stops and $30 per day all other periods for the hours that the employee remained available. Employee's on-call hours shall not constitute hours worked under the Fair Labor Standards Act.

Compensatory Leave: For employees eligible for accruing compensatory leave, a maximum of forty (40) hours of compensatory time may be accrued at any time of the year.

Cooling-Off Period: If an employee resigns from employment with the City, the City Manager or his or her designee may choose to make the resignation effective immediately regardless of any advance notice which may be provided by the employee. However, such an employee will be allowed a "cooling off' period of two working days within which to rescind their resignation. An employee who wishes to rescind his or her resignation must do so in writing and the writing must be delivered to the City Manager by the close of business on the second business day of the "cooling off' period. An employee who timely rescinds his or her resignation during the "cooling off' period must not be considered to have been separated and must be treated as if there was no break in service. Any time during which such an employee is absent from work as a result of resigning must be unpaid.

Emergency Disasters: Employees will be required to mark "overtime" versus "comp time" on their time sheets when working during an emergency disaster. This change allows the City to be reimbursed through FEMA for employees work time.

SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective until June 30, 2025.

SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. 914
PASSED, AND ADOPTED, this 21st day of June, 2023
_____________________
Andy Sobel, Mayor
City of Santa Paula
ATTEST:
_________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
_______________________________
Monica Castillo, City Attorney
APPROVED AS TO CONTENT:
_______________________________
Dan Singer, City Manager
915
EXHIBIT “A”
Unrepresented: Confidential Unit
703 – IT Support Analyst
704 – Payroll Specialist
705 – Executive Assistant
706 – Human Resources Analyst
916
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject:

INTRODUCTION OF ORDINANCE NO. 1328 AMENDING CHAPTER

16.44 OF THE SANTA PAULA MUNICIPAL CODE TO RESTRICT THE

USE OF BARBED WIRE AND RAZOR-EDGED FENCES
Date: June 21, 2023
Agenda Item: 11.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends the City Council:

1. Open the public hearing;

2. Receive testimonial and documentary evidence from the public, if any;

3. Close the public hearing; and

4. Introduce and waive first reading of proposed Ordinance No. 1328, entitled, "An Ordinance of the Santa Paula City Council Amending Chapter 16.21 of the Santa Paula Municipal Code to Include Restrictions on the Use of Barbed Wire and Razor-Edged Fences".

Presented by: Economic Community Development Director, James Mason BACKGROUND:

The Santa Paula Municipal Code (SPMC) Section 16.44.030 previously set requirements for the use of barbed wire and razor-edged wire fences within city limits. However, at the adoption of a 2022 ordinance amending Section16.44.030 to regulate electrified security fences, the regulations for barbed wire and razor-edged fences were inadvertently removed from the Code. The purpose of this Ordinance is to remedy the error, restore the restrictions for the use of barbed wire and razor-edged wire fences, and include amendments from the Planning Commission and City Council.

Summary:

On March 28, 2023 the Planning Commission approved Resolution No. 3847 recommending that the City Council adopt amendments to Section 16.44.030 to authorize barbed wire and razor-edged wire fences only in the rear and side yards of properties in the O, A-1, R-A, C-G, C/LI, LI, I, and KO zoning districts and prohibit their use in non-agricultural residential and CN, CBD and C-O commercial zones. In addition, the Planning Commission recommended that the installation of barbed wire or razor wire fencing require an application submittal to be reviewed by the Community and Economic Development Department. 917
At the May 2, 2023 City Council meeting, Council held a public hearing on the proposed ordinance, and upon review, directed staff to include language that ensured the requirements for the use of barbed wire and razor-edged wire as fencing materials in on properties that are adjacent to property that is entitled to include residential uses, in addition to property zoned residential. Council's requested changes were referred back to the Planning Commission for consideration pursuant to SPMC Section 16.208.040(C).

On May 23, 2023, the Planning Commission considered the Council's changes, held a public hearing, and adopted Resolution No. 3750 recommending the updated proposed ordinance to Council for adoption.

Tonight, Staff recommends the City Council introduce the updated ordinance (Attachment A) as proposed. Changes made to the barbed wire and razor edged wire fencing regulations first considered at Council's May 2, 2023 hearing are shown in Attachment B.

ANALYSIS:

The proposed ordinance adds/reinstates the provisions below under a new Section 16.44.060, Barbed Wire and Razor-Edged Fences:

1. Barbed wire and razor-edged wire on fences will be allowed only in rear and side years of properties O, A-1, R-A, C-G, C/LI, LI, I, and KO zones.

2. In the O, A-1, and R-A zones, the following will apply:

Parcels one acre or more - wire may be placed on fences six feet or higher.

Parcel less than one acre - wire is allowed only on fences serving animal enclosures and such wire must be located three inches or more inside the enclosure.

3. In the C-G, C/LI, LI, I and KO zones, the following will apply:

If a fence or wall abuts a property that is zoned, or may be used for residential use, the wire material must be at least 6 feet above the ground level of the abutting residential parcel, and must be located to the interior of said fencing by no less than three inches.

4. Owners must obtain a permit to install barbed wire or razor-edged fencing. An application must be filed with the Community and Economic Development Department and include (1) a site plan indicating the location of the barbed wire or razor-edged fence and (2) a description of adjacent zoning and land use.

Amendments to the Development Code must demonstrate consistency with the Santa Paula 2040 General Plan and require that the City Council make other findings under SPMC §

16.208.050, as set forth below.

1. The proposed Development Code text amendment is consistent with the goals, policies, and objectives of the 2040 General Plan. Consistent with Police Services and Utilities Policy PSU 1.1 (Police protection) and Economic Development Policy EDD 3.1 (Monitor fiscal conditions), the proposed ordinance is intended to conserve law enforcement resources by deterring property crime and promote the maintenance and development of industrial and mixed commercial uses. Nothing in the proposed ordinance would create an inconsistency with the goals, policies and objectives of the 2040 General Plan.

2. The proposed Development Code text amendment will not adversely affect surrounding properties. No adverse effects on surrounding properties are anticipated because the 918
ordinance would prohibit barbed wire and razor-edged wire in residential zones as specified. Barbed wire and razor-edged wire will be permitted only in the rear and side yards of properties in the O, A-1, R-A, C-G, C/LI, LI, I, and KO zoning districts and would prohibit their use in non-agricultural residential and C-G, C-N, CBD and C-O commercial zones. Additionally, restrictions are imposed on the use of barbed wire and razor-edged wire in zones where it is permitted such that it must be placed in a way which prevents injury to the general public. For instance, the wire must be placed six feet high and on the interior of the fence if abutting a residential parcel. Barbed wire and razor-edged wire fences will only be located where the general public has no legal access to the protected property.

3. The proposed Development Code text amendment promotes public health, safety, and general welfare and serves the goals and purposes of Title 16. The proposed enhances the security of industrial and commercial facilities, thereby attracting more outside and long term economic investment in the City and improving the health, safety, and welfare of all residents.

Environmental Review (CEQA):

The City reviewed the proposed ordinance’s environmental impacts pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 California Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”).

CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”.

State CEQA Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.).

Alternatively, even if the proposed text amendments were a “project” they are exempt from CEQA under CEQA Guidelines section 15601(b)(3)’s “common sense” rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Here, it can be seen with certainty that there is no possibility that the proposed permitted installation of Barbed Wire and Razor-Edged Wire Fences in the O, A-1, R-A, C-G, C/LI, LI, I, and KO zoning districts will have a significant effect on the environment.

STRATEGIC PLAN:

No direct correlation to Strategic Plan goals; however, increased security for business owners may foster economic stability and growth.

FISCAL IMPACTS:

There are no fiscal impacts as the applicant will be responsible for the costs of staff time and administration associated with annual inspections.

OPTIONS:

The following alternatives to Staff’s recommendation are available to the City Council:

1. Continue the hearing in order to obtain further information; 919

2. Request minor amendments for incorporation at the second reading of the proposed ordinance;

3. Request further substantial modifications to the proposed ordinance and refer it back to the Planning Commission; or

4. Deny Staff’s request.

ATTACHMENTS:

ATTACHMENT A - PROPOSED ORDINANCE NO. 1328
ATTACHMENT B - 5.2.23 VS. 6.7.23 TEXT AMENDMENT COMPARE 920

ATTACHMENT A
ORDINANCE NO. 1328
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ORDINANCE NO. 1328

AN ORDINANCE OF THE SANTA PAULA THE CITY COUNCIL
AMENDING CHAPTER 16.44 OF THE SANTA PAULA MUNICIPAL CODE

TO INCLUDE RESTRICTIONS ON THE USE OF BARBED WIRE AND

RAZOR-EDGED WIRE FENCES
The City Council of the City of Santa Paula does ordain as follows:

SECTION 1: Recitals
A. On April 6, 2022, City Council adopted Section 16.44.030 of the Santa Paula Municipal Code (SPMC) to allow electrified security fences in industrial zones, subject to certain restrictions. The ordinance inadvertently removed provisions governing barbed wire and razor-edged wire fences.

B. The proposed amendment corrects the error and adds the barbed wire and razoredged wire provisions back in Chapter 16.44.

C. The proposed amendment was reviewed by the City’s Planning Division for, in part, consistency with the General Plan and conformity with the Santa Paula Municipal Code.

D. The City Planning Division reviewed the proposed amendments’ environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated there under (14 Cal.

Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”; CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”).

E. On March 28, 2023, the Planning Commission opened a public hearing to receive and consider public testimony and other evidence regarding the proposed amendment and whether to approve Resolution No. 3837 to recommend the proposed amendment to the City Council for adoption by ordinance.

F. The Commission approved Resolution No. 3837 based upon the evidence presented to the Commission at its March 28, 2023 hearing including, without limitation, the staff report submitted by the Planning Division.

G. A public hearing for City Council consideration of the proposed amendment was set for May 2, 2023, notice of which was given pursuant to SPMC § 16.208.040(A).

H. At the May 2, 2023 meeting, the City Council held a public hearing, reviewed the recommended ordinance and referred the ordinance back to the Planning Commission to consider additional language to regulate barbed wire and razor922 edged wire when installed on fences adjacent to property which could be used for residential purposes.

I. On May 23, 2023, the Planning Commission considered additional language requested by Council, added a requirement for an installation permit, and approved Resolution No. 3850 recommending these and prior proposed text amendments to the City Council for adoption by ordinance.

J. The City Council has considered the information provided by City staff and public testimony. This Ordinance, and its findings, are made based upon such evidence presented to the City Council at its May 2, 2023 and June 7, 2023 hearings, and its June 21, 2023 meeting including, without limitation, the staff report submitted by the Planning Division.

SECTION 2: Text Amendments. Chapter 16.44 (Fences, Walls, and Hedges) of the Santa Paula Municipal Code is hereby amended as follows.

A. Section 16.44.040 shall be re-titled “Electrified Security Fences” and amended in its entirety to read as follows:
“§ 16.44.030 ELECTRIFIED SECURITY FENCES.
(A) Electrified Security Fences. Electrified Security Fences are permitted only within the C-LI, LI, and I-zones and must comply with the standards and regulations contained in this Subsection. In the event of a conflict between this Subsection and any other provision of this Code, the provisions of this Subsection shall control. (1) Definitions. For the purposes of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Barrier” means any “fence” or “wall” as those terms are defined in this Code. “Electrified Security Fence" means any fence, barrier or enclosure partially or totally surrounding a building, field or yard, carrying any electrical pulse or charge through any part, section or element thereof. The Electrified Security Fence may, but is not required to, interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary. (2) Application.

Electrified Security Fences may be erected around the entire perimeter of the property.

It is unlawful for any person to install, maintain, or operate an Electrified Security Fence in violation of this Subsection.
(3) Conflicts with other laws and standards.
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In the event of any conflict between this Subsection and any state or federal law, rule or regulation, the requirement that establishes the higher standard of safety or accessibility shall govern. Failure to comply with such standard shall be a violation of this Subsection.

To the extent that the construction of an Electrified Security Fence does not conflict with the requirements of this Subsection, such fence shall be constructed and installed in conformance with the specifications set forth in IEC Standard 60335-2-76. (4) Electrified Security Fence installation permit.
(a) The installation of an Electrified Security Fence requires an approved installation permit. Installation permit applications shall be filed with the Building Division.

Installation permit applications must include the following:

1. Site plan indicating the location of the Electrified Security Fence and perimeter fence.

2. Schematics and load calculations indicating and/or displaying the:
a. Location of the power source;
b. Materials used for the fence construction;
c. Location of the regulating and monitoring equipment, and d. Location of emergency access, Key Box and cut-off switch. (b) The installation permit application fee shall be set by resolution of the City Council. The fee shall be paid by the applicant at the time of filing the application. (5) Electrified Security Fence operational permit.
(a) The operation of an Electrified Security Fence requires a valid operational permit. Operational permit applications shall be filed with the Community and Economic Development Department.
(b) An operational permit is valid for one (1) year. The date of the expiration of the operational permit shall be provided to the applicant after the approval of the permit. (c) A written application shall be submitted to the Community and Economic Development Department on forms furnished for that purpose. No applications may be accepted unless and until the permit fee has been paid. Operational permit applications must include the following:

1. The name and address of the establishment and business telephone number of the applicant, the name and titles and twenty-four-hour emergency telephone numbers of the primary response person and an alternate.
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2. The name and address of the person who owns the establishment and, if different, the name and address of the person(s) who operate the establishment or any portion thereof.

3. Certification from a qualified person with expertise in evaluating the safety of electric fences stating that the Electrified Security Fence installation is currently operating in conformity with its safety requirements.

4. A notarized statement by the applicant stating that the Electrified Security Fence is in compliance with the requirements of this Subsection.

5. Proof of liability insurance, as required by this Subsection. (d) Operational permit application fees shall be set by resolution of the City Council.
(e) Renewal applications and applications filed following permit revocation shall include all of the information required by this Subsection. (B) Permit revocation.
(1) If an Electrified Security Fence is found to not be in compliance with this Subsection, the Community and Economic Development Department may revoke the operational permit.
(2) Upon permit revocation, the Electrified Security Fence applicant shall receive a statement from the Community and Economic Development Department describing the reason for the revocation.
(3) Unless otherwise provided by this Subsection, after revocation an applicant may apply for a new operational permit.
(C) Appeals.

An interested person may appeal to the City Council a decision of the Community and Economic Development Department made pursuant to this Subsection. (D) Liability insurance.

The owner of the Electrified Security Fence and the property owner(s), if different, are each required to carry General Liability Insurance in a minimum amount of one million ($1,000,000) dollars in the aggregate. Further, proof of insurance shall be required as a condition precedent to secure an operational permit as required in this Subsection and upon each subsequent annual renewal. A failure to maintain proof of insurance for the permitted year shall be grounds for denial or revocation of the operational permit. Proof of minimum coverage amounts maintained for the preceding year must be provided with 925
each application for operational permit renewal. Failure to maintain coverage for the entire previous year shall result in a denial of any permit renewal for five (5) years from the date of operational permit expiration or revocation. Proof of insurance shall be underwritten by an organization licensed and authorized to do business in the State of California. (E) Electrification
(1) No Electrified Security Fence shall be installed or operated with a power source other than a storage battery not exceeding twelve (12) volts direct current, charged primarily with a solar panel; provided, however, in case of inclement weather or other conditions that inhibit the ability of the solar panel to fully recharge the battery, a charging device may be utilized for such purpose, if connected in a manner that ensures that the charging device cannot provide a source of power directly to the fence. In no case shall an Electrified Security Fence be connected to any other electric power source. (2) AC current shall not be used to energize any Electrified Security Fence. (3) All ground system cables shall be properly insulated. (4) The controller ground system shall not be connected to any plumbing systems in or out of use and shall be at least fifty (50) feet from other utility and buried water pipes.
(5) The fence controller ground wire shall not touch any buildings on site. (6) The fence controller and its ground system shall be at least fifty (50) feet away from radio and buried telephone wires.
(7) A lightning diverter (commonly referred to as a lightning arrestor) shall be installed between the fence and the fence controller. (8) A cut-off switch shall be installed capable of disconnecting the fence from the controller in case of emergencies, electrical storms, etc. A Key Box shall be installed to provide secure access to the cut-off switch. The Key Box shall be illuminated to a minimum one (1) foot candle.
(9) Each energizer shall be connected to its own ground system and must not be connected to any other ground system(s).
(10) Two (2) or more energizers shall not be connected to the same fence unless the use of multiple energizers does not increase the overall charge transmitted on the fence and adequate access is provided to the cut-off switch for each energizer. (11) All cabling (i.e. wire) and connectors shall be of the same material (e.g. steel, copper, etc.).
(F) Perimeter barrier.

No Electrified Security Fence shall be installed or operated unless it is completely surrounded by a non-electric perimeter barrier that is not less than six (6) feet in height. 926
The perimeter barrier shall be separated from the Electrified Security Fence as specified in Annex CC of IEC Standard 60335-2-76, with the exception of gate openings. The area between the perimeter barrier and the Electrified Security Fence shall be kept clear of landscaping, shrubbery, and other fences or material of any kind. The lowest part of the perimeter barrier shall be constructed to follow the natural terrain to prevent penetration of the perimeter barrier at ground level. No part of a perimeter barrier shall be allowed to be in contact with the Electrified Security Fence. Perimeter barriers shall be one of the following: a wood privacy fence, a chain link fence with wood or plastic slats inserted into each weave of the fence, wrought iron with approved steel mesh installed between rungs, masonry wall, or an equivalent perimeter barrier.
(G) Location.
(1) The Electrified Security Fence must be located at least 10 feet from any street property line or 5 feet from a separated sidewalk. (2) Electrified Security Fences are prohibited for use on property zoned exclusively residential. When abutting a property zoned to allow a residential use, exclusively or not, a perimeter barrier consisting of a minimum six (6) foot high solid wooden fence or block wall shall require a minimum twelve (12) inch setback for the electrified security fence. Any other perimeter barrier proposed adjacent to a property zone exclusively residential is required to have an approved mesh installed, as reviewed and approved by the Community and Economic Development Department, as a secondary protective barrier, be a minimum of six (6) feet in height, and require a minimum twelve (12) inch setback for an Electrified Security Fence. (3) Electrified Security Fences are prohibited within twenty-five (25) feet of any outdoor area utilized for the storage, use, or handling of Hazardous Materials as defined in the 2019 California Fire Code.
(H) Height.

An Electric Fence shall be not less than eight (8) feet in height. (I) Signage.

Electrified Security Fences shall be clearly identified by warning signs. The warning signs shall conform to the following requirements:
(1) All warning signs shall include text that reads: "Warning Electric Fence". The text shall be printed in English and Spanish. All lettering shall be a minimum of one (1) inch high.
(2) The size of the warning signs shall be a minimum of four (4) inches by eight (8) inches and be viewable from both the interior and exterior of the protected property.
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(3) The warning signs shall consist of a yellow background with black inscriptions and must be kept in good condition to ensure visibility. (4) There shall be a minimum of one (1) warning sign posted on the Electrified Security Fence every thirty (30) linear feet. The signs shall be visible to a person standing outside the perimeter barrier.
(J) Hours of activation.

An Electrified Security Fence shall only be energized during the hours when the general public does not have legal access to the protected property and shall be maintained by an automatic timer.”
B. A new Section 16.44.060, titled “Barbed Wire and Razor-Edged Fences,” shall be added to Chapter 16.44 of the Santa Paula Municipal Code to read as follows:
“§ 16.44.060 BARBED WIRE AND RAZOR-EDGED WIRE FENCES.
(A) Where Barbed/Razor Wire Permitted.

Barbed wire, razor-edged, and similar fencing materials will be permitted only in the rear and side yards of properties in the O, A-1, R-A, C-G, C/LI, LI, I, and KO zones.
(B) Barbed wire, razor-edged fence installation permit.

The installation of barbed wire or razor-edged fencing requires an approved site plan and permit application that shall be filed with the Community and Economic Development Department. Installation permit applications must include the following:
(1) Site plan indicating the location of the barbed wire or razor-edged fence; (2) A description of adjacent property zoning and land use. (C) Requirements Applicable to Certain Zones.
(1) In the O, A-1, and R-A zones, the following will apply:
(a) On parcels one acre or larger, barbed wire may be placed only on fences six feet in height or higher.
(b) On parcels of less than one acre, barbed wire is permitted only on fences serving as animal enclosures, and such that all barbed wire or razor-edge wire is three inches or greater inside such enclosed fencing. (2) In the C-G, C/LI, LI, I and KO zones, the following will also apply:
(a) Barbed wire, razor-edged wire, and similar fencing materials will be permitted only around open storage areas.
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(b) Whenever any fence or wall abuts a property that is zoned, or has the potential to be used for residential use, the barbed wire, razoredged, or similar fencing material must be at least 6 feet above the ground level of the residential parcel, and must be located to the interior of said fencing by no less than three inches.
(3) Alternative fencing. In the C-G, C/LI, LI, I and KO zones, spiked or pointed fencing may be used as an alternative to barbed wire and razor-edged wire, provided such spikes or points are at least 6 feet above ground level, the spikes or points are blunt for at least one inch at the end, and are angled inward toward the interior of the property.”
SECTION 3. General Plan and Development Objectives. Pursuant to SPMC §

16.208.030(C), the City Council has reviewed the Planning Commission’s recommendation, and finds that the proposed amendment is consistent with the objectives of Title 16 of the SPMC, the General Plan, and development policies of the City as follows:

A. Nothing in the proposed ordinance would implement substantive changes that would affect the General Plan. Rather, these changes are intended to reinstate language that was originally included in the SPMC. Accordingly, the proposed changes would remain consistent with the goals, policies and objectives in the City’s General Plan.

B. The proposed SPMC text amendments promote public health, safety, and general welfare and serve the goals and purposes of Title 16 to the SPMC for the reasons described in Section 4, below.

C. The proposed SPMC text amendments will make revisions to certain sections of Title 16 that would remove ambiguities; resolve internal inconsistencies; codify existing planning practices; and facilitate administration of the land use regulations.

D. Adoption of the SPMC text amendments will not result in any new or increased environmental effects, and no new mitigation measures are required. The amendments are not specific to a project site and therefore will not in themselves results in any new or increased environmental effects.

SECTION 4. Development Code Amendment Findings. Pursuant to SPMC § 16.208.050, the City Council makes the following required findings of fact:

A. The proposed Development Code text amendment is consistent with the goals, policies, and objectives of the 2040 General Plan. Consistent with Police Services and Utilities Policy PSU 1.1 (Police protection) and Economic Development Policy EDD 3.1 (Monitor fiscal conditions), the proposed ordinance is intended to conserve law enforcement resources by deterring property crime and promote the maintenance and development of industrial and mixed commercial uses. Nothing 929
in the proposed ordinance would create an inconsistency with the goals, policies and objectives of the 2040 General Plan.

B. The proposed Development Code text amendment will not adversely affect surrounding properties. No adverse effects on surrounding properties are anticipated because the ordinance would prohibit barbed wire and razor-edged wire in residential zones as specified. Barbed wire and razor-edged wire will be permitted only in the rear and side yards of properties in the O, A-1, R-A, C-G, C/LI, LI, I, and KO zoning districts and would prohibit their use in non-agricultural residential and C-G, C-N, CBD and C-O commercial zones. Additionally, restrictions are imposed on the use of barbed wire and razor-edged wire in zones where it is permitted such that it must be placed in a way which prevents injury to the general public. For instance, the wire must be placed six feet high and on the interior of the fence if abutting a residential parcel. Barbed wire and razor-edged wire fences will only be located where the general public has no legal access to the protected property.

C. The proposed Development Code text amendment promotes public health, safety, and general welfare and serves the goals and purposes of Title 16. The proposed enhances the security of industrial and commercial facilities, thereby attracting more outside and long term economic investment in the City and improving the health, safety, and welfare of all residents.

SECTION 5: Environmental Assessment. State CEQA Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). Alternatively, even if the proposed text amendments were a “project” they are exempt from CEQA under CEQA Guidelines section 15601(b)(3)’s “common sense” rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the proposed permitted use of barbed wire and razor-edged wire fences in O, A-1, R-A, C-G, C/LI, LI, I, and KO zoning districts will have a significant effect on the environment.

SECTION 6: Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Santa Paula Municipal Code.

SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
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SECTION 8: The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED AND ADOPTED this ____ day of June 2023.
________________________________
Andy Sobel,
Mayor
ATTEST:
______________________
Julie Latshaw,
City Clerk
Approved as to form by:
___________________________
Monica Castillo,
Interim City Attorney
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ATTACHMENT B
“§ 16.44.060 BARBED WIRE AND RAZOR-EDGED WIRE FENCES.
(A) Where Barbed/Razor Wire Permitted.
(A) Barbed wire, razor-edged, and similar fencing materials will be permitted only in the rear and side yards of properties in the O, A-1, R-A, C-gC-G, C/LI, LI, I, and KO zones.
(B) Barbed wire, razor-edged fence installation permit.

The installation of barbed wire or razor-edged fencing requires an approved site plan and permit application that shall be filed with the Community and Economic Development Department. Installation permit applications must include the following:
(1) Site plan indicating the location of the barbed wire or razor-edged fence; (2) A description of adjacent property zoning and land use. (C) Requirements Applicable to Certain Zones.
(1) In the O, A-1, and R-A zones, the following will apply:
(a) On parcels one acre or larger, barbed wire may be placed only on fences six feet in height or higher.
(b) On parcels of less than one acre, barbed wire is permitted only on fences serving as animal enclosures, and such that all barbed wire or razor-edge wire is three inches or greater inside such enclosed fencing. (2) In the C-G, C/LI, LI, I and KO zones, the following will also apply:
(a) Barbed wire, razor-edged wire, and similar fencing materials will be permitted only around open storage areas.
(b) Whenever any fence or wall abuts a property that is zoned, or has the potential to be used for residential use, the barbed wire, razoredged, or similar fencing material must be at least 6 feet above the ground level of the residential parcel, and must be located to the interior of said fencing by no less than three inches.
(3) Alternative fencing. In the C-G, C/LI, LI, I and KO zones, spiked or pointed fencing may be used as an alternative to barbed wire and razor-edged wire, provided such spikes or points are at least 6 feet above ground level, the spikes or points are blunt for at least one inch at the end, and are angled inward toward the interior of the property.”
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To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: COUNTY 150TH ANNIVERSARY SPONSORSHIP REQUEST
Date: June 21, 2023
Agenda Item: 12.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Consider a request to sponsor up to $25,000 of in-kind service costs for City services for the County of Ventura 150th Anniversary Celebration.

Presented by: Jonathan Royas, Management Analyst
BACKGROUND:

On June 6, 2023, the City of Santa Paula received a request from Ventura County Supervisor Matt LaVere (Exhibit A) to support the County's 150th Anniversary Celebration taking place from June 23, 2023 to November 2, 2023. An additional letter with a sponsorship request on behalf of the event was received from the Museum of Ventura County (Exhibit C).

Led by the County of Ventura, five groups (Museum of Ventura County, County of Ventura, Ventura County Community Foundation, Pacific Coast Business Times and the Economic Development Collaborative) have joined together to provide an exciting series of events, activities, and programs this year. The intent of the celebration is to engage the community, showcase our cultural diversity and honor the County's rich history through events, festivals, exhibits, online programs, interactives, a book, and more.

As part of the festivities, the County has selected Santa Paula to host an all day county-wide festival on October 21, 2023 which would consist of a parade on Main St., activities throughout the downtown and at the Ventura County's Agriculture Museum, all culminating with a concert taking place at Veterans Park in the evening.

On June 6, 2023, multiple City departments and staff met with the organizers of the countywide festival taking place in Santa Paula to discuss logistics, the feasibility of conducting such a large scale event in town and possible options related to sponsorship assistance related to costs in the form of in-kind services on behalf of the City. After the conclusion of the meeting, the organizers submitted a Special Event Application (Exhibit B). 933
Municipal Code §115.007(D) authorizes the City Council to waive fees for non-profit groups that are holding events requiring City services and resources. Fee waivers are functionally equivalent to City sponsorship of such events.

ANALYSIS:

Upon receipt of the application, staff circulated it to the applicable City departments and determined that the size of the event generates the need to deploy numerous staff and resources to support this event, which has real cost implications. Below are the estimated costs for the event:
$356 Application/Special Event Permit Fee
$245 Encroachment Permit Fee
$10,000 Public Works - Estimated cost for street closures 5 Street Workers - 16 hour day - $122 hr
$20,000 Police - Estimated cost for police services
10 Officers - 14 hour day - $124 hr
$10,000 Parks & Recreation Facilities Maintenance - Estimated cost for assisting staff 5 Staff Members - 14 hour day - $130 hr
Total Event Permit Fees: $601
Total Estimated City Service Costs: $40,000
In hopes of City support, the County is requesting the City of Santa Paula sponsor the event as an Innovation Sponsor (see Exhibit C) at the $25,000 level. Since this event is not a budgeted item in FY22/23 and the City does not have a funding source to provide a contribution from the general fund, an alternative method to sponsoring the event could be by providing in-kind donations through the waiver of service fees charged for City staff time to accommodate and monitor the event. It should be noted, any waiver provided will not be applied to the application/special event permit fee and the encroachment permit fee (i.e., $601.00).

Historically, Council has waived service fees in the past two years for the Labor Day and Holiday downtown parades at the 50% level. Should Council elect to utilize the historic 50%, that would equate to an estimated $20,000 of in kind services. It is within Council's purview to meet the County's $25,000 request via in kind donations, though it should be noted, Council would be sponsoring an estimated 62.5% of the service costs associated with this event based on the current estimated costs. Should those costs rise, and they typically do as the figures provided are basic estimates, that percentage would get much closer to 50%.

Due to the great partnership the City has maintained with the County, the fact that this event is expected to draw thousands of people who may have never visited Santa Paula before, the likely positive economic impact to Santa Paula businesses, and the fact that Council supports event such as this one in your current Strategic Plan, "Section B. Economic Development Objective #7 - Attract more tourists by creating attractions in partnership with the Heritage Valley Visitors Bureau, regional entities, and the Chamber of Commerce," staff's recommendation is to support $25,000 of in kind services for this 150th anniversary event.

STRATEGIC PLAN:
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Approval of this item supports City Council’s two-year Strategic Plan, Section B. Economic Development, Objective #7 - Attract more tourists by creating attractions in partnership with the Heritage Valley Visitors Bureau, regional entities, and the Chamber of Commerce.

FISCAL IMPACTS:

The event sponsors are requesting the partnership with the City of Santa Paula to help absorb the costs of street closures and reopening and law enforcement services. The estimated value of the in-kind donations would be approximately $25,000 in unrecognized revenue to the City.

OPTIONS:

As alternatives to Staff's suggested action, City Council may:

1. Support the event as an event sponsor for a different dollar amount or percentage of in-kind services; or

2. Decide not to support this request for in-kind services. As a result, the County could revisit their options in selecting Santa Paula as the site location for the county-wide festival.

ATTACHMENTS:

EXHIBIT A - SPONSOR REQUEST.pdf
EXHIBIT B - SPECIAL EVENT PERMIT APPLICATION.pdf
EXHIBIT C - 2ND SPONSOR REQUEST.pdf
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EXHIBIT A -

SPONSOR REQUEST
936
937
938
939
940
941
942
943

EXHIBIT B - SPECIAL

EVENT PERMIT

APPLICATION
944

SPECIAL EVENT PERMIT APPLICATION
Please return completed application to the Parks and Recreation Department, 530 West Main Street, Santa Paula, CA 93060 (805) 773-7034. Santa Paula is a city that is proud to host many events each year. It is our goal to enhance the vitality, quality of life, and economic prosperity of Santa Paula through the support of special events.

PERMITS REQUIRED
Special Event Permits are required for any person, group, or organization that wants to conduct, manage, aid, or solicit attendance for an event on city property that has 50 or more attendees; or any event that requires the use of City services.

Applications must be received no less than 60 calendar days before the first day of the event and no sooner than 2 years before the first day of the event. Applications received less than 60 calendar days before the event are subject to a $87 late filing fee. Annual events must reapply for each recurring event. Special Event Permits may be denied during holidays and peak season.

Incomplete applications will not be reviewed by the Special Event Committee. Any incomplete applications will be returned to event organizers.

Special Event Permit Applications and supporting documentation along with application fee can be submitted to the Parks and Recreation Department, 530 West Main Street, Santa Paula, CA 93060, Monday-Friday 8am-5pm, via email to [email protected].

A staff member from the Parks and Recreation Department will contact your event coordinator to schedule an appointment with our Special Events Committee (SEC).

During this appointment, you will have an opportunity to present and discuss the details of your event.

SPECIAL EVENT APPLICATION, INSURANCE & FEES
Please keep in mind that there may be additional information you will be required to submit to receive a permit; review the list below for examples. It is important to provide all required information and documentation in a timely and complete manner throughout the permit review process. There is a $217 penalty fee if all documents are not received 30 days prior to your event.
• Park/Facility Application and Fees (if applicable)
• Alcohol Beverage Control (ABC) License (if applicable) • Copy of Security Guard Contract (if applicable)
• Vendor List (if applicable)
• Business Licenses and insurance for event coordinators and vendors 945
All Special Events must have Insurance Coverage naming the City of Santa Paula as additionally insured, and supply an additional endorsement certificate with the following wording: The City of Santa Paula, and its employees, officers and agents, are added as additional insured.

The Special Event Permit Non-Refundable Application Fee partially offsets the cost of reviewing your permit application and coordinating the event review process.

In addition to the permit application fee, you may be assessed other City permit fees, department rates and fees, cost and fees associated with personnel or resources provided to your event by a City department, program or division, as well as fines that may be assessed by the City for the cost to repair and/or restore any public property damaged by an event. The current Schedule of Fees is included with this Planning Guide and Application.

APPLICATION PREPARATION CHECKLIST:

All applicants must include the following:
• Event Name
• Event Date
• Signed Application / Hold Harmless Agreement
• Non-Refundable Application Fee
• Insurance and Endorsement Certificate for Event and all Vendors in the amount of $2 million
If you will be using city facilities, you must include the following:
• Fees for Reserved Parking
• Park/Hall Rental Application • Park/Hall Fees
If you will be serving alcohol:
• Alcoholic Beverage Control License
• Santa Paula PD Alcohol Use Application
• Security Guard Contract
If you will need road /parking lot closures / special circumstances:
• Traffic Safety Plan and/or Fire Safety Plan
• Map/Layout of Event
If you will have vendors at your event:
• Vendor List
• Insurance and endorsement for all Vendors
• Ventura County Health Permit for Food Vendors
• Vendor’s must have Santa Business Business Licenses
• Signed Fire Regulations Form
• Map layout of event
If you are a non-profit:
• Proof of Non-Profit Status
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SPECIAL EVENT APPLICATION
Please return completed application to the Parks and Recreation Department, 530 West Main Street, Santa Paula, CA 93060 (805) 933-4226
Name of Event:
______________________________________________________________________ Location: _____________________________________________________________ Date / Days: ________________Estimated Number of Participants: _______________ Starting time of event: _____________Set-up time of event: _____________________ Ending time of event: _____________ Take-down time of event: _________________ Organization / Sponsor: _________________________________________________ Contact Person(s): _____________________________________________________ Address: ______________________ City: ____________ State: _____ Zip: ________ Telephone: ______________Cell: ______________ Email: ______________________ Event Description, please include event flyer if available:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Is this event for a non-profit? ___________Or for-profit? ________________________ Name or non-profit organization or business: ____________________________ Please include a copy of your 501(c) determination letter from the IRS for non-profit status.

Number of other events by the organizer _____________________________________ Is this an annual or One-time event? _______________________________________ Does this event fall on a holiday? ___________________________________________ County of Ventura 150th Celebration
Agriculture Museum/ Veteran's Park/ Downtown Santa Paula 10/21/23 Varies
See Attachements See Attachements
See Attachements See Attachements
Museum of Ventura County / County of Ventura
Elena Brokaw / John Marquez
926 Railroad Avenue Santa Paula CA 93060
805-297-5071 [email protected]
Please See Attachments for each location
Yes
Museum of Ventura County
One time
No
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City of Santa Paula
Special Events Vendor Business Tax Information and Application Every person or company who does business in the City of Santa Paula is required to purchase an annual business license. This includes vendors who may do business only on selected days.

The minimum license tax, which covers sales of up to $25,000 annually, is $20. The business license tax is in addition to the business license application fee of $30, and SB1186 $4 Fee.

One license is good for the twelve months beginning October 1st and ending September 30 of each year, and covers all events in which the vendor may participate during that year. If application is made for business to be conducted after April 1 of any year, the prorated tax is $10, covering events between April 1 and September 30. Special event vendor fees are due for each event. Each license will carry a statement that the vendor is required, and by accepting the license agrees, to properly report his/her sales within the City of Santa Paula to the State Board of Equalization. This application is for use by vendors with no permanent place of business in the City of Santa Paula.

NAME OF APPLICANT_____________________________________ TITLE _____________ BUSINESS NAME ________________________________ PHONE# ____________________ ADDRESS___________________________________________________________________ ________ _____________________________________________ ZIP ___________________ SALES TAX RESALE NUMBER _____________TYPE OF BUSINESS ___________________ Number and date of previous Santa Paula business license:

Number ____________________________ Date issued ______________________________ Date of expected first sale in Santa Paula this year___________________________________ $30.00 Process Fee plus $20 For sales between Oct 1st and Sept 30th. $4.00 (SB1186) $54.00 Total $30.00 Process Fee plus $10 For sales between April 1st and Sept 30th. $4.00 (SB1186) $44.00 Total $30.00 Process Fee plus $10 One-Time Event Only $4.00 (SB1186) $44.00 Total I declare under penalty of perjury that this statement has been examined by me and to the best of my knowledge and belief, is a true, correct and complete statement. _____________________________________________________ ______________________ Signature of applicant Date Signed
Please send completed form and payment to: Finance Department, 970 Ventura Street Santa Paula, CA, CA. 93061. Please allow two weeks for processing and mailing of this form. 948
Facilities: Check all that apply
 Community Center
 Ebell Park
 Las Piedras Park
 Harding Park
 Veteran’s Park
 Streets
 Parking Lot
 Other __________________________________________
City Services Requested: Check all that apply
 Police
 Public Works
 Fire/First Aid
 Traffic Control
 Electricity
 Portable Restrooms
 Dumpsters
 Banners
 Other ___________________________________________
Additional Event Requests: Check all that apply
 Vendors
 Food Vendors
 Alcohol for sale
 Alcohol no-charge
 Security Guards
 Amplified Sound
 Tents/Pop-Ups
 Other ___________________________________________
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PROVISIONS - This application is made according to the rules set forth in Santa Paula Municipal Code Section 12.16, regarding Special Event Permits. In this application, the phrase “Special Event Code” shall be used to refer to these Code requirements.

An application for a Special Event Permit is deemed completed when the applicant has provided all of the information required herein including any additional information requested, such as payment(s), insurance and endorsement certificates, park/hall application and fees, copy of ABC license, copy of security guard contract, insurance certificates, business licenses from vendors and any other documents required by the City. Application must be approved by City Manager.

1. Santa Paula Municipal Code Section 12.16. By submitting this application, the applicant understands that the City shall review the application under the procedures set forth in the Special Event Code. If the City approves the application, the CVB will issue a Special Event Permit.

2. Application Fee. Application must be submitted to the Parks and Recreation Department within 60 working days prior to the date of the event along with the application fee of:
$346.00 for a Major Event (>50 people) /+$245.00 (if encroachment permit is required) $173.00 for a Minor Event (<50-people)/$183
and required insurance. Applications will not be processed or reviewed until application fee has been paid in full. All fees, schedules and permits are subject to change without notice. Late applications may be accepted on a case-by-case basis and are subject to a $53 fee.

Acceptance of late applications depend on there being time to process and review the application. Make check payable to: “City of Santa Paula”.

3. Insurance Requirements. All events must request a Certificate of Liability Insurance policy naming the City of Santa Paula as additionally insured and an additional Endorsement Certificate with following wording: The City of Santa Paula, and its employees, officers, agents and volunteers, are added as additional insured. Coverage must be at minimum: Each Occurrence: $1M, Damage to Premises: $100k, Med Exp: $10k, Personal Injury: $1M, General Aggregate: $2M.

4. Applicants Financial Responsibility. By submitting this application, the applicant understands that he/she will be financially responsible for any City fees or costs that may be imposed for the event.

5. Designee of Organization. If the application is submitted on behalf of an organization, written documentation giving authority to the applicant to sign this application on behalf of the organization by the head of the organization must be supplied.

6. Sales/Vendors. If selling of any sorts will be conducted, all vendors must provide and pay for a Special Events Vendor Business Tax License, and insurance certificate if vendor(s) is/are not covered by event organization. All booths and activities will be monitored by the City of Santa Paula and upon request vendor must provide proof of this license.

7. Use of Private Property. If private property is to be used for the event, applicant must provide written authorization of the property to be used, with dates and time from beginning to end.

8. Display of Special Event Permit. A copy of the special event permit shall be displayed in the special event venue and shall be presented upon demand of any City official. Organizers may not advertise or market their event until final approval of permit. 950

9. On-site Presence of Event Organizer. The event coordinator or a designated representative is required to be on-site for the duration of the event for coordination and management purposes.

10. Accessibility. It is the event coordinator’s responsibility to comply with all City, County, State and Federal accessibility requirements pertaining to the Americans with Disabilities Act (ADA). Questions? If the Applicant has any questions regarding the requirements of the Special Event Code, or this application, a request for clarification should be made to the Parks and Recreation Department, 805-933-4226, [email protected]. However, no clarification made by the City is binding unless incorporated into the terms of the Special Event Permit.

HOLD HARMLESS AGREEMENT
The undersigned (hereinafter the “applicant”) understands and agrees to be personally responsible for any damage sustained to the grounds, buildings, fixtures, or equipment, as a result of his/her/its use of City property.

The applicant certifies that he/she/it has read and agrees to the City’s Special Event procedures, and acknowledges and understands that additional conditions and fees may be imposed or required at the time of the permit issuance.

The applicant shall hold harmless, defend and indemnify the City of Santa Paula, its elected officials, officers, employees, agents and volunteers from any damages that may arise as a result of the conduct of the special event for which the permit is being sought. The applicant agrees to defend, protect, indemnify and hold the City of Santa Paula, its elected officials, officers, employees, agents and volunteers free and harmless from against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of or allegedly arising out of, related to, or resulting from the conduct of the permitted event or activity. The applicant shall, at applicant’s own cost, risk and expense, defend any and all claims and all legal actions that may be commenced or filed against the City of Santa Paula, its elected officials, officers, employees, agents and volunteers, and the applicant shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the City of Santa Paula, its elected officials, officers, employees, agents and volunteers resulting from the permitted event or activity.

I hereby submit this Application for a Special Event Permit for the event described in this application.
______________________________ _________________________ ___________ Applicant Name Applicant Signature Date
__________________________________ ___________________
SEC Chairperson Date
__________________________________ ___________________
City Manager Date
_____ Approve Event ______ Deny Event
SEC Comments:
______________________________________________________________________ John Marquez 6/8/23
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______________________________________________________________________ ______________________________________________________________________ Stipulations for issuing permit:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Reason for denial:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 952
SPECIAL EVENT SCHEDULE OF FEES: EFFECTIVE DATE: 2022
Event Name: ________________________Date(s) of Event: __________________

SPECIAL EVENT COSTS CHARGE RATE NUMBER
OF
HOURS

ESTIMATED
TOTAL
ACTUAL
HOURS
ACTUAL
TOTALS

APPLICATION FEES ONE-TIME FEE
Application Fee Major Event 346.00
Application Fee Minor Event 130.00
Encroachment Permit 245.00
Late Application Fee (less than 60-days) 87.00
Late Application Fee (less than 30-days) 217.00

STAFF COSTS PER HOUR
Public Works: Maintenance Worker,
Parks & Recreation:

Facility Maintenance Worker
Park Monitor
Facility Attendant
Police Officer
Planning Department
130.00
130.00

45.00 45.00
124.00
129.00

OTHER FEES PER HOUR
Trash Pick up
Facility Fees (from facility rental agreement)
Special Event Business License
Vendor Permit 22.00
Building & Safety Inspection 109.00
Generator/Electrical Permit 208.00
Other
Event Grand Total
Deposit Collected
Amount Due to City
_______ Request to Waive City Fees _____Approved ______Denied _______ Request to Waive Application Fee _____Approved ______Denied ________________________________________ ______________________________ Authorization Date
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STREET CLOSURE EVENT
Please Note: Access for other visitors must not be impeded during event. A Special Event Permit does not grant exclusive use. Special Event Permits may be denied during holidays and peak season.

Any street closures will require a Traffic Control Plan to be submitted and approved by the City Engineer. Additionally, all events that require street closures must provide notification to local residents and businesses in the form of a postcard, mailed within a two block radius of event.

Name of Event: ________________________________ Date: ___________________ List the names of streets to be closed and include map of closures:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Include map to identify all aspects of the event with the general location and name of features.
 Electrical Generators  Vendors and Booths  Mobile Stage  Sound Systems  Comfort Stations  First Aid Station  Portable Restrooms  Electrical Power Sources  Food Booths  Entertainment  Bounce House  Alcohol to be sold
 Alcohol to be distributed  Extra parking  Grey Water Date of the event: ___________ Estimated number of participants:
_________________
Starting time of event: _____________ Set-up time of event: _____________________ Ending time of event: ______________Take-down time of event: _________________ If applicable, describe and show location of sound amplification equipment proposed.

Show direction of amplification on map. Explicit music is not permitted. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Will the event require City personnel, service or equipment? If so, there may be an additional fee assessed per SPMC 4.40.070:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Are there any unusual activities associated with this event that should be brought to the attention of the City of Santa Paula to evaluate this application? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please See Attachments for each location
County of Ventura 150th Celebration 10/21/23
10/21/23
Varies by location
See Attachements
See Attachements
Yes
Conducted meeting with city staff on 6/6/23 to discuss logistics. 954
County of Ventura 150th Celebration
Agriculture Museum Information
Date: October 21st, 2023
Time: 8:00pm-6:00pm
Location: Agriculture Museum
• Museum
• Museum Parking Lot
• Railroad Avenue (10th to 9th)
• Depot Area (Santa Barbara St) – 10th to 9th
• Mill street North Alley to Santa Barbara
Street Closures/Times:
• Railroad Avenue (10th to 9th Streets) – Time TBD
• Santa Barbara St (10th to 9th Streets.) – Time TBD
• 9th Street (Railroad to Santa Barbara) – Time TBD
Events:
• Kids Zone
• Food and Craft Vendors
• Possible Car Show
• Community stage at Museum
• Museum exhibit
955
Road Closure
956
County of Ventura 150th Celebration
Concert Information
Date: October 21st, 2023
Time: 12:00pm-9:00pm
Location: Veteran’s Park Area
• Park Area
• Ventura Street (10th to Mill) – Food Trucks
• Mill Street (Yale to Ventura) - Vendors
• Post Office Parking Lot (Backstage /Band Parking)
• VIP Seating in Park
• Beer gardens (3)
Set up Time:
• Friday 9:00am – Saturday 12:00pm (Overnight security) • Saturday 9:00am -12:00pm (Vendors)
Staging:
• Stage in Park (Northwest corner)
Street Closures/Times:
• Mill St (Yale to Ventura) – Time TBD
• Ventura Street (10th to Mill St.) – Time TBD
Post Office Parking Lot Closure:
• Friday 10:00am to Saturday 9:00pm
Events:
• Concert featuring several bands (TBD)
• Food Trucks (Ventura St)
• Craft Vendors (Mill Street)
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120’
90’ 290’
40’ 50’ 40’ 245’
140’
50’
Arts & Crafts /Retail Vendors Food Trucks VIP BAR
958
959
Road Closure
960
County of Ventura 150th Celebration
Parade Information
Date: October 21st, 2023
Time: 9:00am-11:00am
Location: Downtown Santa Paula -Main Street (7th to Mill to Santa Barbara) Set up Time: 7:00 – 9:00am
Parade Staging:
• Santa Barbara St. (7th to Olive St)
• 7th Street (Main to Santa Barbara)
Street Closures/Times:
• Main Street (7th to 10th) 8:00am-11:00am or when parade ends. • Mill Street (South Alley to Santa Barbara St.) 8:00am-11:00am or when parade ends. • Santa Barbara (Olive to 8th Street) 7:00am -11:00am (open to residents and parade entrants).
• Davis Street (Alley to Main) 7:00am – 11:00am or when parade ends Stage: Small Stage at Davis and Main for parade announcing.

Event:
• County Parade featuring 75-100 entries
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Parade Road Closure
Parade Start
Parade End
Parade Route
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EXHIBIT C -

ADDITIONAL

LETTER OF

REQUEST
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100 EASTMAINSTREET • VENTURA,CA93001-2698 • (805)653-0323 / FAX(805) 653-5900 www.venturamuseum.org Board of Directors
2022-2023
Bill Kearney
Chair
Richard Rush
Vice Chair
Mike Sedell
Treasurer
Jessica Arciniega
Secretary
Betsy Chess
David Fukutomi
Patrick Hylton
Leslie Leavens
Al Lowe
Kate McLean
Greg Monterrosa
Gabriella Navarro-Busch
Tom Pecht
Jim Scanlon
June 13, 2023
Andy Sobel, Mayor
Leslie Cornejo, Vice Mayor
Jenny Crosswhite, Councilmember
Pedro Chavez, Councilmember
Carlos Juarez, Councilmember
Dan Singer, City Manager
City of Santa Paula
970 E. Ventura St.

Santa Paula, CA 93060
Dear Mayor Sobel; Vice Mayor Cornejo; Councilmembers Crosswhite, Chavez, and Juarez; and City Manager Singer,
On behalf of the Museum of Ventura County and our co-presenting partners, we hope you will consider this request to become an Innovation Sponsor of the 150th anniversary of Ventura County. This sponsorship would include waiving some or all of the fees associated with the largest planned event in the series, to be held in Santa Paula on October 21, 2023.

As I’m sure you all know, Ventura County is celebrating the 150th anniversary of the founding of our county in 2023. To mark this milestone, the Ventura County Board of Supervisors has partnered with the Museum of Ventura County to present a series of programs highlighting our unique history, our amazing community, and why we all live and work here. Those programs include:
• A kick-off celebration on June 23 in Ventura
• A county-wide festival on October 21 in Santa Paula
• A new exhibit on the history of the County, to open in October in Santa Paula — with satellite exhibits in 4 locations across the county
• Online programs highlighting our history and our innovative community members • Pop-up festivals across the county
• State of the County presentation on November 2 in Simi Valley • A new book on the history of Ventura County
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100 EASTMAINSTREET • VENTURA,CA93001-2698 • (805)653-0323 / FAX(805) 653-5900 www.venturamuseum.org The biggest event in the series, by far, is the Family Fair and Music Festival planned for Santa Paula on October 21. The Museum of Ventura County is working with the Chamber of Commerce and other local non-profits to make this a truly special day. Our hope is to create an experience that will bring residents who have never before been to Santa Paula to our gem of a city.
• A community parade (9:00 - 11:00 A.M.)
• Family fair at and around the Agriculture Museum (11:00 A.M. - 3:00 P.M.), which will include a kids’ zone, a community stage, car show, arts and crafts fair, tours of Santa Paula historic sites, and much more
• A music festival at Veterans’ Park in front of City Hall (3:00 - 8:00 P.M.). The festival will feature 5 bands, starting with local treasure Charles Law, including Rey Fresco and Mariachi Camarillo, and ending with the internationally known swing band, Big Bad Voodoo Daddy
Pulling off this festival in a way that will make Santa Paula proud will require a mammoth effort, and we would like the support of the City of Santa Paula to make sure this event really makes our city shine.

To help support all of the programs of the 150th anniversary, the Museum of Ventura County has assembled a sponsorship campaign in partnership with the Museum of Ventura County, the Ventura County Community Foundation, the Economic Development Collaborative, and the Pacific Coast Business Times.

We respectfully ask that you join this campaign as an Innovation Sponsor, which is a sponsorship of $25,000. There are only ten slots open at this level and seven are already filled. We hope the City of Santa Paula will choose to join Limoneira, Meissner Filtration, the Port of Hueneme, the City of Simi Valley, the Ventura County Credit Union, TOLD Corporation, EJ Harrison & Sons, and the VCCF. At that level, the City’s logo will be on ALL materials, signage, marketing, websites, and more for all of the programs associated with the 150th anniversary.

For more information, please do not hesitate to call or email Museum Director Elena Brokaw at [email protected], or (805) 804-7144.

With your support, we know we will have a celebration that will be remembered for years to come — maybe even for another 150 years!
Sincerely,
Bill Kearney Elena Brokaw
Chair, Board of Directors Executive Director
Museum of Ventura County Museum of Ventura County
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To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: RESOLUTION APPROVING DIVERSITY EQUITY AND INCLUSION REPORT
Date: June 21, 2023
Agenda Item: 12.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

1. Adopt Resolution No.7470 approving the Diversity, Equity and Inclusion (DEI) Report, as developed by staff, and directing the Equity and Social Justice ad hoc committee to continue advising Council on the implementation of the DEI Report.

Presented by: Miguel Perez, Management Fellow
BACKGROUND:

On December 16, 2020, the Santa Paula City Council unanimously adopted Resolution 7318, which, in part, affirmed the Council’s commitment to meaningful advancements of justice, equity, diversity, and inclusion, declaring the intent to end any racial and social disparities internal to the City. Resolution 7318 established an ad-hoc committee, and the Mayor appointed Councilmembers Jenny Crosswhite and Andy Sobel to serve on the committee.

Beginning in early 2021, following the establishment of the Equity and Social Justice ad-hoc committee, the committee and staff began reviewing policies and practices that may contribute to inequities in the organization and community. In addition, over the past several years, the committee held numerous listening sessions with community members.

The Equity and Social Justice ad hoc committee was tasked with drafting a statement addressing racism, diversity, and police brutality. The Committee’s work included, but was not limited to, the following:

Working with community stakeholders to develop a resolution addressing racism as a health crisis.

Providing guidance to develop internal policies prioritizing, supporting, and investing in equity, diversity, and inclusion.

Supporting and encouraging public participation to ensure meaningful engagement and capacity-building opportunities for residents most impacted by racial and social injustice.

Study and analyze quantitative and qualitative indicators that show existing inequities and disparities in the City and how the community experiences the City’s desired outcomes.
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Developing a summary report that describes existing equity-related activities throughout City departments.

Preparing a set of policies and recommended changes to City policies to promote equity and social justice.

The Committee would report to the City Council at regular intervals and compile a final set of recommendations for consideration by the City Council.

On February 15th, 2023 City Council held a special meeting to review the first draft of the Diversity, Equity, and Inclusion report and provided feedback for staff regarding City policies and practices. A second reading of the report and further review continued at the March 15th, 2023, special meeting. At that time Council provided feedback and minor edits to staff, which are now reflected in the final report.

ANALYSIS:

The Diversity, Equity, and Inclusion report "Exhibit A" is divided into several sections, each focusing on a different aspect of the City's efforts to promote equity and inclusion. Below is a brief overview of each section:

1. Defining Diversity, Equity, and Inclusion: The report begins by defining these key terms, emphasizing the importance of recognizing and addressing systemic imbalances.

2. Eight Can't Wait: The report discusses the City's adoption of the "Eight Can't Wait" campaign, which includes measures to reform policing practices.

3. City Policies & Practices: This section outlines the City's commitment to promoting equity and social justice, including the development of policies and practices to address societal inequities.

4. Outreach and Communication: The City's efforts to improve communication and outreach are highlighted, including the launch of a new multilingual website and the initiation of Spanish translations for various communications.

5. Listening Tour & Research: The report discusses the Committee's efforts to engage with the community and listen to their experiences and concerns.

6. Infrastructure: The City's infrastructure plans, including the adoption of a Pavement Management Plan and initiatives to enhance pedestrian safety, are outlined.

7. Housing: This section discusses concerns related to housing affordability, accessibility, and dignity of living situations, and outlines potential policy areas for consideration.

8. Safety: This section covers discussions related to public safety and the City’s police department, including areas of interest such as response to 911 calls and safety for students around schools.

9. Cost of Living: This section covers the cost of utilities and rental housing is from residents comments, including policy considerations such as reducing late fees and examining expenses to mitigate the rising cost of services. 967

10. Quality of Life: A variety of issues affecting residents' quality of life are discussed, with policy considerations for ongoing work to address these issues.

11. Access to Information/Communication: The importance of providing City-related information in an efficient manner, including providing bilingual material is discussed.

12. Employment and Training: The City's commitment to equal employment opportunities and the ongoing efforts to eliminate barriers to implement the City's EEO Policy are discussed.

The Diversity, Equity, and Inclusion report reflects the City's commitment to inclusivity, and its ongoing efforts to address systemic disparities and improve the quality of life for all residents.

Feedback from the City Council during the special meetings held on February 15 and March 15, 2023, led to revisions in the report included as "Attachment A".

STRATEGIC PLAN:

This item/action supports City Council's goal of developing programs around retention under the "Operational Excellence" section of the two-year Strategic Plan by exploring a Diversity, Equity, and Inclusion policy for the City.

FISCAL IMPACTS:

There is no fiscal impact associated with receiving the report. The recommendations contained within the report each have an individual financial impact, primarily in operating expenditures.

Staff may evaluate those matters individually to the City Council and provide a more comprehensive financial impact.

OPTIONS:

As an alternative to the staff's recommendation, City Council has the following options available: 1. Direct staff to make additional revisions to the Diversity, Equity, and Inclusion report and return with a final version; 2. Conduct additional study or listening sessions to discuss further potential policy considerations and/or receive more community input; 3. Reject the Diversity, Equity, and Inclusion report.

ATTACHMENTS:

Resolution_No.7470_Diversity__Equity_and_Inclusion.docx Diversity Equity and Inclusion Report .pdf
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Attachment A -
Resolution No. 7470
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RESOLUTION NO. 7470

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

PAULA, ADOPTING THE DIVERSITY, EQUITY AND INCLUSION (DEI)

REPORT TO ESTABLISH A DEI LENS AND FRAMEWORK
The City Council of the City of Santa Paula does resolve as follows:

SECTION 1: Findings. The City Council finds that:

A. The City Council acknowledges the ongoing demands for justice and systemic change in our society, recognizing the lives lost due to systemic inequities, including those of Ahmaud Arbery, Breonna Taylor, George Floyd, and many others;
B. The City Council Acknowledges the historic role government has played in systemically driving and perpetuating societal inequities along racial, gender, and socioeconomic lines resulting in different living conditions and opportunities;
C. The City Council recognizes that systemic biases continue to create barriers to success for people of color, low income families, LGBTW+ individuals, people with disabilities, and other disadvantaged communities; D. These systemic biases have detrimental impacts on social determinants of health, such as socioeconomic status, education, environment, employment, social support networks, and access to health care; E. The City Council commits to reversing the effects of past inequitable policies, processes, and practices, recognizing its role in understanding and communicating the impacts that its decisions have on diverse communities SECTION 2: Affirmation. The City Council affirms its commitment to diversity, equity and inclusion, declaring its intent to acknowledge systemic disparities, strengthen community voice and power, close the racial injustice gap serve and better serve our communities.

SECTION 3: Recognition of the Diversity, Equity and Inclusion Report. In furtherance of the Affirmation set forth in Section 2, the City Council hereby adopts the Diversity, Equity and Inclusion Report as a guiding lens for future decision-making processes, and will incorporate its recommendations into City operations and policies.

SECTION 4: Continuation of Advisory Committee. The City Council will continue the role of the Equity and Social Justice Ad Hoc Committee (“Committee”) to provide guidance for implementation of the Diversity, Equity and Inclusion Report recommendations. 970
SECTION 5: This Resolution supersedes Resolution No. 7318 and will become effective immediately upon adoption and will remain effective until superseded by a subsequent resolution.

PASSED AND ADOPTED this 21st day of June, 2023
Andy Sobel, Mayor
ATTEST:

Julie Latshaw, City Clerk
APPROVED AS TO FORM:

Monica Castillo, Interim City Attorney
APPROVED AS TO CONTENT:

Dan Singer, City Manager
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Exhibit A
to Resolution No. 7470
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City of
Santa Paula
N EW

E D I T I O N
Diversity, Equity,
and Inclusion Report
June 2021
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Introduction........................................................................................

About Santa Paula...............................................................................

Background .........................................................................................

Current Efforts ...................................................................................

Listening Tour & Research...............................................................

City Policies & Practices.....................................................................

Section A. Housing..............................................................................

Section B. Safety..................................................................................

Section C. Cost of Living....................................................................

Section D. Quality of Life....................................................................

Section E. Access to Information & Communication......................

Appendix..............................................................................................

Table of Contents
City of
Santa
Paula

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Santa Paula City CouncilJune 21, 2023

Santa Paula City Council
June 21, 2023