Agenda packet — Seal Beach City Council, March 13, 2023 (part 1 of 2)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, March 13, 2023 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

THOMAS MOORE
MAYOR
Second District

SCHELLY SUSTARSIC
MAYOR PRO TEM
Fourth District

JOE KALMICK
COUNCIL MEMBER
First District

LISA LANDAU
COUNCIL MEMBER
Third District

NATHAN STEELE
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of — meetings are available ondemand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990, if you require disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk' s office at (562) 431 -2527 at least 48 hours prior to the meeting.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

PRESENTATIONS / RECOGNITIONS
• Mid-Year Budget

ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.

Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution.

Supplemental Communications from Mayor Moore
Supplemental Communications from Mayor Pro Tem Sustarsic CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.

COUNCIL ITEMS
A. Direct City Council Appointments to the City’s Boards, Commissions and Committees as Representatives for Districts One, Three and Five. - It is at the request of Council Members Kalmick, Landau and Steele that the City Council appoint the following representatives to the respective districts:

Representative for District One:
· Calvin Mingione - Planning Commission; and,
Representatives for District Three:
· Susan M. Perrell - Environmental Quality Control Board · Lorenz Krueger - Recreation and Parks Commission
· Richard Coles - Planning Commission; and,
Representatives for District Five:
· Donald Horning - Environmental Quality Control Board
· Hope Horning - City Tree Advisory Board
· Marilyn Van Dyke – Coyote Committee
· Marilyn Van Dyke – Historic Preservation Committee
· Margo Wheeler - Planning Commission
· Peter Franck - Seal Beach Cable Communications Foundation.

CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.

B. Approval of the February 27, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meetings held on February 27, 2023.

C. Demands on City Treasury (Fiscal Year 2023) March 13, 2023 - Ratification.

D. 2023 City Council Appointments as Representatives to Intergovernmental Agencies - That the City Council adopt Resolution 7382:

1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2023; and, 2. Direct the City Clerk to revise and post on the website the 2023 Fair Political Practices Commission (FPPC) Form 806.

E. Memorandum of Understanding (MOU) Between the City and the Orange County Employees Association (OCEA) for the Period of July 1, 2022 Through June 30, 2025 - That the Council adopt Resolution 7383 approving the Memorandum of Understanding between the City and the Orange County Employees Association (OCEA) for the period of July 1, 2022 through June 30, 2025.

F. Approving the FY 2023-2024 West Orange County Water Board Budget That the City Council adopt Resolution 7384 approving the FY 2023-2024 West Orange County Water Board budget of $1,557,000, of which the City’s proportionate agency contribution is $211,354.

G. Awarding and Authorizing Execution of a Public Works Agreement with G2 Construction, Inc., for the 2022 Environmental Cleanup Program Project, CIP SD2201 - That the City Council adopt Resolution 7385: 1.

Approving the plans, specifications, and contract documents for the 2022 Environmental Cleanup Program Project, SD2201; and, 2. Approving and awarding a public works agreement to G2 Construction, Inc. in the amount of $412,500; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to G2 Construction, Inc.; and, 4.

Authorizing the City Manager to approve additional work requests up to $37,500 and inspection services up to $45,000, in connection with the Project, in the cumulative not-to-exceed amount of $82,500.

H. Awarding and Authorizing Execution of a Professional Services Agreement with NV5, Inc., On-Call Professional Inspection Services - That the City Council adopt Resolution 7386: 1. Awarding a three-year Professional Services Agreement to NV5, Inc., for On-Call Professional Inspection Services in a not-to-exceed amount of $480,000 per year and a total not-to-exceed amount of $1,448,000 for the original term, and terminating the prior July 22, 2019, professional services agreement and related amendments and extensions; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreements up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $480,000 per one-year term.

I. Resolution Declaring Support of the Iranian-American Community and Condemning the Violence Perpetrated by the Government of Iran Against Its People - That the City Council adopt Resolution 7387 declaring support of the Iranian-American community and condemn the violence perpetrated by the government of Iran against its people.

J. Contract for Professional Services with Stantec Consulting Services for an Environmental Impact Report - That the City Council approve Resolution 7388: 1. Approving the Professional Services Agreement with Stantec Consulting Services for $392,254 plus a 5 percent contingency for a total of $411,867; and, 2. Authorizing the City Manager to execute the Agreement.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None

ADJOURNMENT
Adjourn the City Council meeting in memory of Pat McCormick, a four-time Olympic gold medalist and Seal Beach resident, to Monday, March 27, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.

March 13, 2023
FY 2022-23 MID-YEAR

GENERAL FUND BUDGET UPDATE
Economic Outlook
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE

4.2%

2.5%

4.7%

3.6%
0%
1%
2%
3%
4%
5%
California Orange
County
LA/Long
Beach
Nation

UNEMPLOYMENT RATE
Bureau of Labor Statistics, EDD
Date Increase Level (%)
February 2 25 4.50-4.75
December 15 50 4.25-4.50
November 3 75 3.75-4.00
September 22 75 3.00-3.25
July 28 75 2.25-2.50
June 16 75 1.50-1.75
May 5 50 0.75-1.00
March 17 25 0.25-0.50
Federalreserve.gov/monetarypolicy
CA Department of Finance
• Population Flat
• Decelerating Growth in Economy
• Rapid Monetary Tightening
• Moderating Inflation
• Healthy Consumer Spending through
December
• Unemployment Rate Low
US Fed Funds Rate
FY 2022-23 Mid-Year General Fund Update
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
FY 2021-22
Amended
Budget
FY 2021-22
Mid-Year %
FY 2022-23
Amended
Budget
FY 2022-23
Mid-Year %
Property Tax 13,336,500 5,056,827 38% 13,648,600 5,726,311 42% Sales and Use Tax 10,306,400 3,764,897 37% 11,765,700 3,919,472 33% Utility Users Tax 4,151,000 1,857,230 45% 4,170,000 2,132,422 51% Transient Occupancy Tax 998,000 459,580 46% 1,250,000 518,565 41% Franchise Fees 1,086,000 192,681 18% 1,091,000 206,042 19% Business License Tax 520,000 402,630 77% 500,000 405,008 81% Other Taxes 161,000 56,541 35% 130,800 75,603 58%
Licenses and Permits 889,300 445,294 50% 967,100 601,794 62% Intergovernmental 155,000 56,220 36% 146,000 19,421 13% Charges for Services 2,700,800 1,417,672 52% 2,997,600 1,608,778 54% Fines and Forfeitures 1,603,600 716,693 45% 1,917,500 629,439 33% Use of Money and Property 653,000 328,943 50% 675,000 315,547 47% Other Revenues 797,300 493,614 62% 895,900 841,067 94%
Transfers In 106,600 53,300 50% 191,200 191,200 100%
Total 37,464,500 15,302,121 41% 40,346,400 17,190,670 43%

REVENUES
FY 2022-23 General Fund
Property Taxes,
$13.6 M, 34%
Sales Tax, $11.8 M, 29%
Utility Users Tax,
$4.2 M, 10%
Other Revenues,
$2.5 M, 6%
Charges for Services,
$3.0 M, 8%
Fines and Forfeitures,
$1.9 M, 5%
Transient Occupancy
Tax, $1.3 M, 3%
Franchise Fees,
$1.1 M, 3%
Licenses and Permits,
$1.0 M, 2%
Property Tax
Sales Tax
Utility Users Tax
Charges for Services
Fines & Forfeitures
Franchise Fees
73%
88%
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
Property Tax
$0
$2
$4
$6
$8
$10
$12
$14
$16
2017A 2018A 2019A 2020A 2021A 2022A 2023B
Millions
Seal Beach Assessed Valuation FY 2022-23
• $6.8 Billion Orange County Assessor
• 6,495 Parcels
• 7.1% change from FY 2021-22/County 6.37%
• Median Detached Single-Family Home $1.4 M
• Property Tax $13.6 M
• 33.8% of General Fund
• Stable Revenue Source
• .15 of $1.00
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
Sales Tax
$0
$2
$4
$6
$8
$10
$12
$14
2017A 2018A 2019A 2020A 2021A 2022A 2023B
Millions
Sales Tax Transaction Tax PS Sales Tax

8.75% Sales Tax Components $11.8 M:
• Sales and Use Tax 1%: $5 M
• Transaction Tax 1%: $6.5 M
• PS Sales Tax .5%: $300K
• Fully integrated into City
• Outpacing prior year to date 6.2%/County 8.4%
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
Utility Users Tax (UUT)
$3
$3
$4
$4
$5
$5
2017A 2018A 2019A 2020A 2021A 2022A 2023B
Millions
UUT $4.2 M:
• 10% Electric, Natural Gas,
Telecommunications
• Lowered in 2014
• General Government
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
Charges for Services
$0
$1
$1
$2
$2
$3
$3
$4
2017A 2018A 2019A 2020A 2021A 2022A 2023B
Millions
Charges for Services $3.0 M:
• A fee collected to pay for services
related to the activity.
• Citywide Fee Study
• Subsidized by General Fund
Fines and Forfeitures
$0
$1
$1
$2
$2
$3
2017A 2018A 2019A 2020A 2021A 2022A 2023B
Millions
2017A 2018A 2019A 2020A 2021A 2022A 2023B
• Municipal Code Violations
• Vehicle Code Violations
• Unclaimed Property
• Parking Revenue
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
Transient Occupancy Tax (TOT)
$0
$0
$0
$1
$1
$1
$1
$1
$2
$2
2017A 2018A 2019A 2020A 2021A 2022A 2023B
Millions
Transient Occupancy Tax
TOT $1.25 M:
• 3 Hotels
• The Pacific Inn
• Ayres
• Hampton
• 14 Current STRs
• Exceed Pre-pandemic Levels
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
FY 2022-23 Mid-Year General Fund Update
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
FY 2021-22
Amended
Budget
FY 2021-22
Mid-Year %
FY 2022-23
Amended
Budget
FY 2022-23
Mid-Year %
City Council 209,010 51,821.71 25% 293,478 87,909 30%
City Manager 5,373,312 3,084,656 57% 5,558,100 3,841,145 69% City Clerk 316,500 164,834 52% 379,700 174,063 46%
City Attorney 436,000 197,811 45% 439,000 190,588 43%
Finance 958,363 467,912 49% 956,800 496,561 52%
Non-Departmental 2,966,389 1,648,862 56% 3,078,065 1,438,840 47% Police 13,804,227 7,882,457 57% 14,907,300 8,568,504 57% Fire 6,683,500 3,516,754 53% 6,837,800 3,612,331 53%
Community Development 1,351,400 613,232 45% 1,680,600 654,975 39% Public Works 5,059,210 2,567,739 51% 4,944,300 2,042,335 41% Community Services 1,118,280 429,205 38% 1,234,300 656,138 53% Marine Safety 237,200 99,907 42% 281,000 135,567 48%
Total 38,513,390 20,725,191 54% 40,590,443 21,898,955 54%

EXPENDITURES
FY 2022-23 General Fund Expenditures
Regular Salaries,
$9.7 M, 24%
Other Pay and
Benefits, $4.6 M,
11%
Retirement, $4.9 M,
12%
Maintenance and
Operations, $21.2 M,
53%
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
Maintenance and Operations
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
Completed half of M&O for the year
62% Non-discretionary
CC Discretionary,
$0.1M, 1% Supplies/Dues,
$0.3M, 2%
Rental/Lease Equipment,
$1.0M, 5%
Contract
Professional,
$5.8M, 30%
Fire Services,
$7.0M, 37%
West Comm, $0.9M,
5%
Insurance/Workers
Comp, $2.5M, 13%
Legal, $0.4M, 2%
Maintenance,
$1.0M, 5%
Salaries and Benefits
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
• Vacant Positions
• Monitoring Sworn Overtime
• Prepayment to CalPERS
California Public Employees Retirement System (CalPERS) FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
Funded Status
Funded
Ratio
Unfunded
Liability
Payment
FY 2022-23
Normal
Cost
Employee
Contribution
Employer
Normal
Cost
Miscellaneous Classic 77.9% $ 1,231,892 18.53% 6.92% 11.61% Miscellaneous PEPRA 104.0% $ 6,957 15.01% 7.25% 7.76%
Safety Classic 78.1% $ 2,129,133 34.63% 8.99% 25.64%
Safety Police PEPRA 107.0% $ 3,275 27.41% 13.75% 13.66% Other Safety Police PEPRA 105.4% $ 1,504 27.41% 13.75% 13.66% Safety Fire (Inactive) 68.2% $ 398,468 0.00% 0.00% 0.00% June 20,2021
Next Steps
• Monitor Revenues and Expenditures Closely
• Look for Alternative Funding Options and
Seek New Revenue Opportunities
• Review Discretionary Spending
• Budget Development
FISCAL YEAR 2022-23

MID-YEAR BUDGET UPDATE
Jan Feb Mar Apr May June
Revenue and Expense Projections
Personnel Budget Development
Departmental Budget Preparation
Department CIP Preparation
City Manager Review
Preliminary Budget Preparation
Public Input and Engagement
City Council Review
Budget Adoption
Budget Development Timeline
Fiscal Outlook
• Risks of Recession Remains
• High inflation
• Interest Rates
• Unemployment low
• Supply Chain issues
March 13, 2023
FY 2022-23 MID-YEAR

GENERAL FUND BUDGET UPDATE
1 Gloria Harper
Subject: FW: more details on this warrant item
From: Thomas Moore <[email protected]>
Sent: Sunday, March 12, 2023 9:28 PM
To: Jill Ingram <[email protected]>
Subject: more details on this warrant item
Could we get a little more description on this item please for 18,744? This is a quarterly payment for use and fees for the 800 Megahertz system / encrypted radio system for Public Safety.

Thank you,
-Tom

Thank you,
Tom
Thomas Moore
Mayor
City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 x1502

Civility Principles:

1. Treat everyone courteously;

2. Listen to others respectfully;

3. Exercise self-control;

4. Give open-minded consideration to all viewpoints;

5. Focus on the issues and avoid personalizing debate; and,

6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

For Information about Seal Beach, please see our city website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.

My questions on Item J: Stantec PSA for Zoning Code Program EIR Sustarsic Traffic Impact Assessment:

OPR recommends significant thresholds that may constitute a transportation impact. Lead agencies may set their own thresholds. Seal Beach will use the OPR recommendations? The City of Seal Beach Transportation Analysis Guidelines threshold of significance is consistent with OPR recommendations.

So, average daily traffic counts will be taken in 12 roadway segments + model projections for added traffic, will yield the future traffic projection? Correct. What if one street does not have a significant impact but an adjacent street is significantly impacted what happens? Traffic forecasts will show how much available roadway capacity there is. It’s not really a CEQA impact but an operational impact for City Engineering to consider as future development applications are received.

Traffic studies have shown traffic at LOS F and D on Seal Beach Blvd intersections in the past.

Assumptions include that Intersection LOS analysis will not be required for the project (p. 292 of packet).

So, if some intersections are already impacted, that is not considered? It is strictly on the basis of VMT? This is a change to the zoning - we don’t have info on any specific project yet to do intersection analysis. As projects come forward, the City would have the discretion to study intersection level of service, if they want. CEQA determination will be made on the basis of VMT per the CEQA Guidelines.

Other assumptions are that some items are specifically excluded from the scope of work: traffic counts, LOS analysis, site circulation and access analysis and parking studies. (Stand-alone traffic report separate from CEQA analysis will be provided). The above seem very relevant when considering a zoning change.

Is this because this is a Program EIR? YES. There are no projects at this point. Would each future project have its own EIR then? If not, how would traffic, circulation and parking in that specific location be studied? Future projects are subject to CEQA, but may not necessarily require an EIR. A Program EIR provides streamlining so future projects may only need to study certain things – like projectspecific traffic impacts.

Certain types of development such as development within a ½ mile of an existing major transit stop can generally be presumed to have a less than significant impact. Would this transit stop require service every 15 minutes to be considered major? Yes.

Water Supply Assessment:

Sustainable Groundwater Management Act of 2014 (also SB 610, SB 221, and SB 1262) Stantec will consider information regarding water supplies available to serve the project and compare against an assessment of water demand (will prepare a technical report). Are these estimates statewide, regional, or local? (Future water scenarios will be provided by the city?) Yes – because these are all projects occurring in the future. Estimates are typically based on water demand factors established by the City. Estimates are not usually considered at a statewide level because every community uses water a little differently - so the analysis will try to stay as local as possible. Stantec will refer to the Urban Water Management Plan and other referenced documents for local, regional, and statewide assessments.

Projected increases in groundwater extraction for the project, if any, will be part of a planned groundwater banking and water quality management program and not lead to a long term condition of overdraft. OCWD allows us to pump 75% of our water from groundwater presently (have to import 25%). How will all the RHNA allocations in the water districts served by OCWD affect our ability to pull future groundwater from the aquifer? (Regionally, Orange County has comparatively high RHNA numbers). Each individual project will have to assess its demands based on the City’s requirements.

Eventually, there will be increased water use for housing, but per capita water usage is trending downwards – based on annual water usage. Future projects will use less water than current usage.

The new types of residential housing in the future are smaller units, so there are many improved efficiency requirements and a lot less landscaping, resulting in overall less water usage. OCWD’s basin pumping percentage (BPP) varies year-to-year based on overall water supply. It should be noted that OCWD Board recently increased BPP for the remaining FY22/23 months to over 95%. Future water demands will be factored into OCWD’s future year projections.

Some of the above seems more like they plan to review and collect from informational studies, rather than actually perform any new studies. Correct – because there are no projects to be evaluated at this time. Each project will have to perform its own evaluations.

Scoping meeting: When do we anticipate this meeting and its comment period to occur? The scoping period is estimated to run 12-16 weeks into the project, and the scoping meeting will take place approximately 14 weeks into the project. Roughly estimating and assuming all runs as planned, the scoping period would be in July and we’d likely call an EQCB meeting to function as the scoping meeting as we did with the ORCC EIR.

Will ORCC be included in the Zoning Code EIR (of 11), or not, because it is a Specific Plan? It’s important to acknowledge the fluidity of our current situation without a certified Housing Element, as future changes may occur. As we do have an active development application for ORCC, staff is not currently planning to rezone the ORCC in the way that other housing opportunity sites must be rezoned to meet Housing Element requirements. However, we may need to take different actions in the future to implement the Housing Element.

Specific to this EIR effort, the initial task is to define the project and project alternatives that will be considered. City staff, attorneys, and Stantec will work cooperatively to create a project description such that the EIR provides the best and most accurate information to capture and analyze future potential growth.

Agenda Item A

AGENDA STAFF REPORT
DATE: March 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Direct City Council Appointments to the City’s Boards, Commissions and Committees as Representatives for
Districts One, Three and Five
________________________________________________________________ SUMMARY OF REQUEST:

It is at the request of Council Members Kalmick, Landau and Steele that the City Council appoint the following representatives to the respective districts:

Representative for District One:
• Calvin Mingione - Planning Commission; and,
Representatives for District Three:
• Susan M. Perrell - Environmental Quality Control Board • Lorenz Krueger - Recreation and Parks Commission
• Richard Coles - Planning Commission; and,
Representatives for District Five:
• Donald Horning - Environmental Quality Control Board
• Hope Horning - City Tree Advisory Board
• Marilyn Van Dyke – Coyote Committee
• Marilyn Van Dyke – Historic Preservation Committee
• Margo Wheeler - Planning Commission
• Peter Franck - Seal Beach Cable Communications Foundation.

BACKGROUND AND ANALYSIS:

Every two (2) years, the City of Seal Beach conduct an Election for even or odd numbered districts. On November 8, 2022, the General Municipal Election was held for odd numbered districts (District One, Three and Five). In District Three and Five, no candidate received 50 +1% of the votes; therefore, a run-off election through an all mailed ballot was held on January 31, 2023.

Page 2 ends

As a result of both elections, the four (4) year term of the Planning Commissioners, Recreation and Parks Commissioners and the Environmental Quality Control Board Members as well as other entities, for Districts 1, 3 and 5 expired, causing scheduled vacancies on the respective boards, commissions, or committees for which the legislative body has appointing power. The term expiration for all new appointees will expire in December 2026.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

It is at the request of Council Members Kalmick, Landau and Steele that the City Council appoint the following representatives to the respective districts:

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:

A. Boards – Commissions - Committees Applications

Donald M. Horning
, U.S. Citizen
Seal Beach, CA 90740 US Navy Veteran
Retired Federal Employee
(Home/Mobile)
SIGNIFICANT EMPLOYMENT:
2006-2017 Department of Veterans Affairs, Veterans Health Administration (VHA), Veterans Integrated Service Network 22 (VISN22), Long Beach, CA 40 hrs/wk, GS – 0028-13
Environmental Protection Specialist (Regional Program Manager) As Network / GEMS (Green Environmental Management System) Program Manager, I provide oversight and direction for Environmental Programs within the Desert Pacific Healthcare Network-VISN 22, that includes Veterans Hospitals and clinics within a three-state region including Southern California, Arizona, New Mexico, and formerly Southern Nevada. As the first Network-level incumbent for this new VA program (GEMS), I was charged with implementing VA Directives, developing conformance documents, assigning priorities, and overall environmental compliance programs.

My direct responsibilities are to ensure compliance with legal standards, strengthen internal controls, monitor performance and mentor facility-based staff. VA hospitals have a wide variety of environmental issues including new construction, air emissions from boilers and generators, hazardous wastes, water discharges and permits, drinking water systems, hazardous materials management, fire prevention and general sanitation.

Through position evolution and experience, I have assumed additional responsibilities (temporary or ongoing) in Industrial Hygiene, Emergency Management and Safety. As a result, I maintain the following responsibilities:
• Investigate environmental or safety related incidents or complaints in the Network • Audit conformance of Environmental & Safety Management Systems (ISO14001, OSHA Form 33, etc.) • Audit and train others on environmental (EPA), safety (OSHA) and other (DOT, Fire Prevention, Sanitation, etc.) requirements.
• Review and follow-up on internal and external environmental reports including NEPA, Historical / Cultural components.
• Provide direction and assistance to facility staff as a VHA Certified Mentor • Briefed Network Leadership on a wide variety of environmental, safety, environment of care issues as needed.
• Serve on internal / external committees at various local, state and national levels • Serve as lead on other subject specific issues such as Legionella, water conservation and sustainability issues.

Key responsibilities as designated Network Emergency Manager include ensuring operational status of Decontamination Teams, Voluntary Deployments, Communications including satellite (VSAT, phones) and other interoperability issues, supplies, emergency exercises and documentation under NIMS and HICS.

Key responsibilities as Industrial Hygienist (ongoing Collateral duty) include assessing hazards, gauging risk and recommending risk reduction /preventive measures.

Key interactions as a Network Program Manager include interactions with Leadership, facility managers, all levels of operations and national VA program managers.

Throughout my VA career I have continuously worked with new and existing regulations focusing primarily on local, state and federal environmental regulations. However, my competency also extends to OSHA 1910 and 1926 standards, Life Safety and Fire Prevention, Environment of Care, DOT (Haz Mat), Emergency Management / Response and many healthcare / non-healthcare related issues. 1980-2006 Countrymark Cooperative / Countrymark Refinery, Mt. Vernon Indiana Manager, Environmental and Regulatory Affairs
As Manager of Environmental and Regulatory Affairs, I provided oversight, direction and support for Environmental, Safety, DOT and other related requirements. Countrymark Inc. is currently an agricultural centric crude gathering, refined petroleum supplier with trucking and pipelines. Major issues included general compliance in air, water, waste, Safety (OSHA) and transportation (DOT).

Emergency response was a critical responsibility and included hazardous materials and fire response preparedness. Continuous coordination with local, state, federal response and commercial response groups and agencies was critical. Communications with right of way and adjacent property owners was an important part of every incident (before, during and after)
Previous to the refinery assignment, I coordinated environmental issues with other divisions (now divested) during my tenure including fertilizer manufacturing, feed and grain processing, warehousing, warehousing, transportation and retail. A prime responsibility during this time was to train and mentor local “Risk Coordinators” at member facilities for those who directly manage regulatory issues such as safety and regulatory compliance.

I also was the point of contact in the event of hazardous materials incidents at member companies, where I assisted in immediate and follow-up response requirements.

Throughout my Countrymark career I continuously was given additional and varied responsibilities. This allowed me to become well versed in a wide variety of regulatory, emergency and governmental interactions.

PROFESSIONAL CERTIFICATIONS:
• Registered Environmental Professional- Registered Environmental Property Assessor (NREP) • Registered Environmental Health Specialist (NEHA)
• Certified Healthcare Safety Professional
• Registered Professional Sanitarian (Indiana)
EDUCATION:

BS Environmental Health Science Indiana State University 1979 MS Industrial Management Candidate University of Southern Indiana Continuing Education in Environmental, Safety and related focus areas MILTARY SERVICE:
09/72- 08/76 United States Navy, MCRD-San Diego, CA (Vietnam Era Veteran-Honorable Discharge) Second Class Petty Officer-Dental Technician in charge of various dentistry sections at a large, recruit processing dental clinic in San Diego, CA. Responsible for enlisted staffing assignments, daily operations, task delegation, ordering supplies, and dental health records.

Selected Community Activities / Awards:
1997-2006 American Red Cross, Posey Co. Chapter, Mt. Vernon, IN Board Chair / Member, Co-Chair of Disaster Services and Instructor for Community Health and Safety, AED, and CPR. Served in this flood prone area with numerous nationally ranked disasters, like tornados and hundreds of snow bound travelers on our inter-state highway. 2005 Outstanding Volunteer Award.

Other Employment / Significant Experiences:

Posey County Health Dept Intern
Indiana State Board of Health Intern

Key responsibilities as Industrial Hygienist (ongoing Collateral duty) include assessing hazards, gauging risk and recommending risk reduction /preventive measures.

Key interactions as a Network Program Manager include interactions with Leadership, facility managers, all levels of operations and national VA program managers.

I also was the point of contact in the event of hazardous materials incidents at member companies, where I assisted in immediate and follow-up response requirements.

Other Employment / Significant Experiences:

Posey County Health Dept Intern
Indiana State Board of Health Intern

COUNCIL ITEM
Direct City Council
Appointments
Background & Analysis
▪ Election for even or odd numbered districts
▪ General Municipal Election for Districts One, Three
and Five
▪ Run-Off Election District Three and Five
▪ Expiration of four (4) year terms
▪ Created scheduled vacancies
Representative for District 1
Calvin Mingione - Planning Commission
 Bachelor of Arts, Sociology, Gonzaga University
 Masters, Urban and Regional Planning, UC Irvine
 Nearly 10 years of experience as an urban planner
Representative for District 3
Susan Perrell - Environmental Quality Control Board
Bachelor of Science, Geophysical Engineering,
Colorado School of Mines
40 years as a Geoscience and Environmental
Engineering professional
Sr. Project Manager for some of the largest toxic
hazardous waste site cleanups in the US
Representative for District 3
Lorenz Kreuger - Recreation and Parks Commission
 50-year resident of Seal Beach
 Awareness of the unique opportunities and needs
of Seal Beach
 Worked for the Recreation Department
Representative for District 3
Richard Coles - Planning Commission
 40 years of experience in the engineering and
construction industries
 CEO of Envetco Engineering
 General Engineering Contractor, Bachelor of Science,
Environmental Science, Master of Science, Civil
Engineering & Executive, Master Business
Administration
Representative for District 5
Donald Horning - Environmental Quality Control Board
 Retired Environmental Protection Specialist (Regional Program Manager)
 Bachelor of Science, Environmental Health Science,
Indiana State University
 Master of Science, Industrial Management Candidate,
University of Southern Indiana
Representative for District 5
Hope Horning - City Tree Advisory Board
 Holds an undergraduate degree in Political Science
 Served on a Parks & Recreation Board in another
state
 Interest in urban forestation, and have an
understanding of how government boards operate
Representative for District 5
Marilyn Van Dyke–Coyote & Historic Preservation Committee  Publicity Chair, Women’s Club, Seal Beach
 9.5 year resident of Leisure World
 Attended Cerritos Community College
Representative for District 5
Margo Wheeler - Planning Commission
 Member of the Chair of Planning Commission,
Flagstaff, AZ
 Planning Commissioner, City of Burbank 1994-96
 Bachelor of Arts - Economics & Masters Urban &
Regional Planning, USC
Representative for District 5
Peter Franck - Seal Beach Cable Communications Foundation  50 years of practice in Intellectual Property and
Entertainment Law
 BA from UC Berkely & LLM (Master of Laws) from
Columbia Law school
 Obtained a $3 million grant from Comcast
Recommendation
Staff’s recommendation is to approve the request
of Council Members Kalmick, Landau and Steele
to appoint the representatives to the respective
districts

Agenda Item B

AGENDA STAFF REPORT
DATE: March 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the February 27, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Regular City Council meetings held on February 27, 2023.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council approve the minutes of the Regular City Council meetings held on February 27, 2023.

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Minutes – Regular Session, February 27, 2023
Seal Beach, California
February 27, 2023
The City Council met in regular session at 7:02 p.m. in the City Council Chamber. Council Member Massa-Lavitt led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Kalmick
Council Members: Moore, Sustarsic, Massa-Lavitt, Varipapa

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Megan Coats, Executive Assistant to the City Manager
Nick Nicholas, Police Captain
Mike Ezroj, Police Captain
Chris Hendrix, Police Lieutenant

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
One (1) supplemental item was received after the posting of the agenda and was distributed to the City Council and made available to the public.

Mayor Pro Tem Varipapa moved, second by Council Member Moore, to approve the agenda.

AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PRESENTATIONS / RECOGNITIONS
• Recognition of City Attorney Craig Steele
o Senator Janet Nguyen
• Community Spotlight in Recognition of Mayor Pro Tem Mike Varipapa o Field Representative Anthony Falcone from Congresswoman Katie Porter’s office
o Senator Janet Nguyen
o Chief of Staff Van Tran from Supervisor Do’s office
o Seal Beach Naval Weapons Station Executive Officer Commander Jamie French
o Tamika Lang, Senior Manager, Boeing Government Operations o Seal Beach Chamber of Commerce President Juni Banico
o Police Communications Director Kasey Edwards, West Cities Police Communications
o Board Member Scott Fayette, Los Alamitos Unified School District o Certificate from Senator Umberg’s Office
o Letter from League of California Cities
• Courtesy of the Floor Extended to Mayor & Council Members • Courtesy of the Floor Extended to Outgoing Mayor Pro Tem Mike Varipapa • Community Spotlight in Recognition of Council Member Sandra MassaLavitt o Field Representative Anthony Falcone from Congresswoman Katie Porter’s office
o Senator Janet Nguyen
o Chief of Staff Van Tran from Supervisor Do’s office
o Seal Beach Naval Weapons Station Executive Officer Commander Jamie French
o Tamika Lang, Senior Manager, Boeing Government Operations o Seal Beach Chamber of Commerce representative, Kori DeLeon o Police Communications Director Kasey Edwards, West Cities Police Communications
o Board Member Scott Fayette, Los Alamitos Unified School District o Director Sustarsic, West Orange County Water Board
o Ruth Osborne, Leisure World, Golden Rain Foundation
o Certificate from Senator Umberg’s Office
o Letter from League of California Cities
o Video from Orange County Vector Control District
• Courtesy of the Floor Extended to Mayor & Council Members • Courtesy of the Floor Extended to Outgoing Council Member Sandra MassaLavitt

RECESS TO RECPTION

RECONVENE
The meeting reconvened at 8:37pm.

ROLL CALL

Present: Mayor Kalmick
Council Members: Moore, Sustarsic, Massa-Lavitt, Varipapa

Absent: None

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Laura Tanner, Hope Horning, Kori DeLeon, Jo8n, and Staci Muller. Mayor Kalmick then closed oral communications.

CITY ATTORNEY REPORT
City Attorney Steele had no items to report.

CITY MANAGER REPORT
City Manager Ingram acknowledged and thanked both Council Member Sandra MassaLavitt and Mayor Pro Tem Varipapa who termed out of office for their unwavering leadership and support of staff over the last eight (8) years.

Additionally, she thanked her Executive Assistant, Megan Coats, Deputy City Clerk Dana Engstrom, and City Clerk Gloria Harper, the team that coordinated tonight’s recognition and reception as well as the staff luncheon to recognize both outgoing City Council Members, Mike Varipapa and Sandra Massa-Lavitt.

Lastly, she announced the Council will be holding a Strategic Planning Workshop on Wednesday, April 4, 2023 at 9:00 AM at Fire Station 48.

COUNCIL COMMENTS
Council Member Massa-Lavitt attended her last Orange County Vector Control Board meeting and provided updates on ticks. She also attended an Orange County Sanitation District meeting and was excited to announce that the Westminster project is nearing completion. She also explained that the Orange County Sanitation District will be sending out a notice in the mail asking residents for an increase that comes out of your property tax bill. She thanked the City and Public Works staff for obtaining a nearly half a million dollar grant that will help Leisure World comply with a new law for capturing debris in the storm drains.

Council Member Moore had no items to report.

Mayor Pro Tem Varipapa had no items to report.

Council Member Sustarsic reported she attended Council Member Massa-Lavitt and Mayor Pro Tem Varipapa’s farewell lunch with City staff, a Town Hall meeting regarding Housing Elements in surrounding cities and the County of Orange, and the EQCB scoping meeting for the Old Ranch Country Club project. She thanked the Seal Beach Police Department for their continuous updates on the rain storms and reminded residents where sand bags are located. Council Member Sustarsic announced that the City will be facilitating a Dump Day on Saturday, March 18th from 8:30am-12:30pm and received an I-405 update regarding the K-rails noting they should be removed as early as Friday, March 3rd.

Mayor Kalmick reported that he attended the EQCB scoping meeting for the Old Ranch Country Club project and thanked residents for providing their input. He reported he attended an Orange County Fire Authority board meeting and noted they are very close to coming to an agreement with their labor unions. Additionally, he met with Long Beach Council Member Kristina Duggan from District 3 to establish a working relationship and discuss the challenges both cities face with the San Gabriel River, including homelessness. Lastly, he acknowledged Westminster City Councilwoman Amy Phan West and Los Alamitos City Councilwoman Emily Hibbard who were in attendance at the Council meeting.

CONSENT CALENDAR
Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the recommended actions on the consent calendar.

A. Approval of the February 13, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on February 13, 2023.

B. Demands on City Treasury (Fiscal Year 2023) February 27, 2023 - Ratification. C.

Monthly Investment Report – January 31, 2023 - Receive and file.

D. Amendment to Professional Services Agreement with Michael Baker International - That the City Council approve Resolution 7375 approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., extending the term by two years.

E. Cooperative Agreement between the Golden Rain Foundation and the City of Seal Beach Regarding the 2022 Environmental Cleanup Program Project, CIP SD2201 - That the City Council adopt Resolution 7376: 1. Approving the Cooperative Agreement with the Golden Rain Foundation regarding the 2022 Environmental Cleanup Program Project (CIP SD2201); and, 2. Authorizing the City Manager to execute the Cooperative Agreement on behalf of the City.

F. Notice of Completion Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109 - That the City Council adopt Resolution 7377: 1. Accepting the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109, by Crosstown Electrical and Data, Inc., in the amount of $246,646; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

G. Awarding and Authorizing Execution of a Professional Services Agreement with Anser Advisory Management, LLC for the Tennis Center Improvement Project (CIP BG2105) – Project and Construction Management Services - That the City Council adopt Resolution 7378: 1. Awarding a Professional Services Agreement to Anser Advisory Management, LLC in a not-to-exceed amount of $219,240 to continue project and construction management services for the Tennis Center Improvement Project (CIP BG2105); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to the total amount of $10,000 in connection with the Project.

H. Letter of Support for SB 44 (Umberg) - That the City Council authorize the Mayor to execute a letter of support for SB 44 which aims to help law enforcement in the prosecution of fentanyl trafficking and related deaths.

I. Approving and Authorizing Amendment No. 1 to Professional Maintenance Agreement with Hardy & Harper, Inc. for On-Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services - That the City Council adopt Resolution 7379: 1. Approving Amendment No. 1 to the Professional Maintenance Agreement with Hardy & Harper, Inc. for additional asphalt maintenance and repair services (“Additional Services”), and increase their compensation by $150,000 for the Additional Services for a revised total contract not-to-exceed amount of $450,000 for the original three-year term, and increasing their compensation by $100,000 for a revised total not-to-exceed amount of $200,000 for each optional one-year term extension; and, 2. Authorizing the City Manager to execute Amendment No. 1.

J. Approval for the Seal Beach Police Department to Purchase Ammunition for Police Rifles, Pursuant to the City’s “Military Equipment” Use Policy and State Law - That City Council adopt Resolution 7380 to approve the purchase of .223/5.56mm ammunition for the Seal Beach Police Department,
pursuant to the City’s “military equipment” use policy.

City Clerk Harper took a roll call vote for the consent calendar items.

AYES: Kalmick, Sustarsic, Moore, Massa-Lavitt, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PUBLIC HEARING
There were no public hearing items.

UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.

COUNCIL ITEMS
K. Declare Results of Seal Beach City Council Districts Three and Five Municipal Run-Off Election Conducted by an All Mailed Ballot on January 31, 2023, and Swearing-In of Elected City Council Officials - That the City Council adopt Resolution 7381: 1. Declaring the results of Seal Beach City Council Districts Three and Five Municipal Run-Off Election, conducted by an All Mailed Ballot on January 31, 2023; and,

2. Swear-in the newly elected city officials for a full term: District 3 - Lisa Landau and District 5 - Nathan Steele.

City Clerk Harper provided a comprehensive background of the staff report. There were no Council member questions.

Council Member Massa-Lavitt moved, second by Council Member Moore to adopt Resolution 7381: 1. Declaring the results of Seal Beach City Council Districts Three and Five Municipal Run-Off Election, conducted by an All Mailed Ballot on January 31, 2023; and, 2. Swear-in the newly elected city officials for a full term: District 3 - Lisa Landau and District 5 - Nathan Steele.

City Clerk Harper took a roll call vote to continue Item K.

AYES: Kalmick, Moore, Varipapa, Sustarsic, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Members Massa-Lavitt and Varipapa resigned their seats on the dais.

Senator Nguyen conducted the swearing in of newly elected Council Member Lisa Landau.

City Clerk Harper conducted the swearing in of newly elected Council Member Nathan Steele.

Council Member Landau and Steele were welcomed to the dais.

ROLL CALL

Present: Mayor Kalmick
Council Members: Landau, Moore, Steele, Sustarsic

Absent: None
Council Member Landau and Council Member Steele provided comments and thanked their constituents for voting them into office.

NEW BUSINESS
L. City Council Reorganization - That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2023.

City Clerk Harper conducted the nominations.

Council Member Steele nominated Council Member Moore for Mayor.

City Clerk Harper took a roll call vote for Mayor.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Member Moore nominated Schelly Sustarsic for Mayor Pro Tem.

City Clerk Harper took a roll call vote for Mayor Pro Tem.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Members recognized outgoing Mayor Kalmick for his service and leadership the last two (2) years as Mayor. Mayor Moore presented him with a gavel plaque.

ADJOURNMENT
Council Member Kalmick adjourned the City Council meeting at 9:42 p.m. to Monday, March 13, 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Thomas Moore, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: March 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: 2023 City Council Appointments as Representatives to Intergovernmental Agencies
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7382:

1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2023; and,

2. Direct the City Clerk to revise and post on the website the 2023 Fair Political Practices Commission (FPPC) Form 806.

BACKGROUND AND ANALYSIS:

The Mayor will appoint Council Members to represent the City on various outside agency boards at the beginning of each year, subject to the concurrence of the City Council.

In 2020, Agency appointments to Bay City Sub-Committee (DWP property), Elected Officials – Joint Forces Training Base Ad Hoc Meetings (Cypress, Los Alamitos, Garden Grove, Seal Beach), OCTA – Interstate 405 Corridor Cities Ad Hoc Group and the Joint Land Use Study Working Group were removed as the work has been completed for the purposes for which these committees were formed. In the event other needs arise, the Council can make any future appointments as deemed necessary.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved the resolution as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7382:

1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2023; and,

2. Direct the City Clerk to revise and post on the website the 2023 Fair Political Practices Commission (FPPC) Form 806.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:

A. Resolution 7382
B. Mayoral Appointments to Outside Agencies for 2022 – Resolution 7234 RESOLUTION 7382

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REVISING

AND CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF

COUNCIL REPRESENTATIVES AND ALTERNATES TO VARIOUS

BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN

DUTIES TO COUNCILMEMBERS AND RESCIND RESOLUTION
NUMBER 6617, 6527, 6551, 6783, 6897, 6993, 7101 AND 7234 WHEREAS, the duly selected Mayor of the City of Seal Beach has revised the appointment of various members of the City Council to be the City’s official representatives or alternate representatives to various boards, agencies and organizations requiring such representation.

THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby confirms the following appointments, effective as of the date of this Resolution:

Agency Representative *Representative or
Alternate
California Joint Powers Insurance Authority Thomas Moore Jill Ingram League of California Cities, Orange County
Division Thomas Moore Schelly Sustarsic
Leisure World Standing Committee
(2 representatives) Nathan Steele *Thomas Moore
Los Alamitos Unified School District
Standing Committee
(2 representatives)
Lisa Landau *Schelly Sustarsic
Los Cerritos Wetlands Authority Joe Kalmick Lisa Landau Orange County Fire Authority Joe Kalmick ------
Orange County Library Board Nathan Steele Lisa Landau
Orange County Sanitation District, Board of
Directors Schelly Sustarsic Nathan Steele
Orange County Vector Control Board Nathan Steele ------- Santa Ana River Flood Protection Agency Thomas Moore Schelly Sustarsic Seal Beach Audit Committee Nathan Steele Lisa Landau
So. California Association of Governments Joe Kalmick -------- West Comm – Joint Powers Authority Lisa Landau Thomas Moore West Orange County Water Board Nathan Steele Joe Kalmick Chamber of Commerce Committee
(2 representatives) Thomas Moore *Lisa Landau
SECTION 2. This resolution shall supersede Resolution Number 6617, 6527, 6551, 6783, 6897, 6993, 7101, 7234 and all other prior appointments. The City Clerk shall revise FPPC Form 806 to be consistent with the appointments in Section 1.

SECTION 3. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED and ADOPTED by the City Council at a regular meeting held on the 13th day of March 2023 by the following vote:

AYES: Council Members:

NOES: Council Members: __________________________________________ ABSENT: Council Members: __________________________________________ ABSTAIN: Council Members: __________________________________________ Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7382 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of March 2023.

Gloria D. Harper, City Clerk

RESOLUTION 7382

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REVISING

AND CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF

COUNCIL REPRESENTATIVES AND ALTERNATES TO VARIOUS

BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN

THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby confirms the following appointments, effective as of the date of this Resolution:

Agency Representative *Representative or
Alternate
California Joint Powers Insurance Authority Thomas Moore Jill Ingram League of California Cities, Orange County
Division Thomas Moore Schelly Sustarsic
Leisure World Standing Committee
(2 representatives) Nathan Steele *Thomas Moore
Los Alamitos Unified School District
Standing Committee
(2 representatives)
Lisa Landau *Schelly Sustarsic
Los Cerritos Wetlands Authority Joe Kalmick Lisa Landau Orange County Fire Authority Joe Kalmick ------
Orange County Library Board Nathan Steele Lisa Landau
Orange County Sanitation District, Board of
Directors Schelly Sustarsic Nathan Steele
Orange County Vector Control Board
Nathan Steele -------
Santa Ana River Flood Protection Agency Thomas Moore Schelly Sustarsic Seal Beach Audit Committee Nathan Steele Lisa Landau
So. California Association of Governments Joe Kalmick -------- West Comm – Joint Powers Authority Lisa Landau Thomas Moore West Orange County Water Board Nathan Steele Joe Kalmick Chamber of Commerce Committee
(2 representatives) Thomas Moore *Lisa Landau
SECTION 2. This resolution shall supersede Resolution Number 6617, 6527, 6551, 6783, 6897, 6993, 7101, 7234 and all other prior appointments. The City Clerk shall revise FPPC Form 806 to be consistent with the appointments in Section 1.

SECTION 3. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED and ADOPTED by the City Council at a regular meeting held on the 13
th day of March 2023 by the following vote:

AYES: Council Members:

Gloria D. Harper, City Clerk
Agenda Item E

AGENDA STAFF REPORT
DATE: March 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Memorandum of Understanding (MOU) Between the City and the Orange County Employees Association (OCEA) for
the Period of July 1, 2022 Through June 30, 2025
________________________________________________________________ SUMMARY OF REQUEST:

That the Council adopt Resolution 7383 approving the Memorandum of Understanding between the City and the Orange County Employees Association (OCEA) for the period of July 1, 2022 through June 30, 2025.

BACKGROUND AND ANALYSIS:

On April 5, 2022, the City and the Orange County Employees Association began negotiations for a new Memorandum of Understanding (MOU). The City has met and collectively bargained in good faith with the OCEA as to wages, hours and working conditions. Based on such collective bargaining, the City and the OCEA have drafted a Memorandum of Understanding.

The MOU attached to Resolution 7383, incorporate the terms and conditions of the agreement. The bargaining group has accepted the terms, conditions and provisions set forth in the MOU. The MOU has a retroactive term of July 1, 2022 through June 30, 2025.

If the MOU is adopted by the City Council, the OCEA will receive a cost-of living allowance (COLA) for the three-year agreement which includes a year one increase of 2.5%, and a year two and year three increase of 2% each. The employees within the OCEA will continue to contribute to their PERS retirement as outlined in their MOU.

The City made concessions in other areas as well, such as agreeing to an additional floating holiday and a modification to vacation cash-out that would grant OCEA members the ability to cash-out vacation time twice in a fiscal year.

Page 2 ends

Newly-elected Council members Lisa Landau, District 3, and Nathan Steele, District 5, were sworn into office on February 27, 2023 and therefore did not participate in this collective bargaining process between the City and OCEA.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

Approval of this Memorandums of Understanding will have a budget impact of $52,552 for the current year budget FY 2022-23. In subsequent years, funds will be appropriated through the budget process.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7383
B. Exhibit A – OCEA MOU – Redlines
C. Exhibit B – OCEA MOU – Clean Version
RESOLUTION 7383

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY AND THE ORANGE COUNTY EMPLOYEES
ASSOCIATION (OCEA) FOR THE PERIOD OF JULY 1, 2022
THROUGH JUNE 30, 2025
THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the City of Seal Beach values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees; and, WHEREAS, representatives of the City and representatives of the bargaining group named above have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiation, the City and the group have developed the Memorandum of Understanding (“MOU”) attached hereto as Exhibit B, which is incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED THAT:

SECTION 1. The MOU between the City of Seal Beach and the Orange County Employees Association dated July 1, 2022 through June 30, 2025 and attached hereto as Exhibit B is hereby approved.

SECTION 3. The City Manager is authorized to execute Exhibit B, inclusive, on behalf of the City, and to take the actions necessary to implement them.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on this 13 day of March, 2023 by the following vote:

AYES: Council Members: ______________________________________ NOES: Council Members: ______________________________________ ABSENT: Council Members: ______________________________________ ABSTAIN: Council Members: ______________________________________ Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7383 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on March 13, 2023.

Gloria D. Harper, City Clerk
Adopted by Resolution No.

EXHIBIT A

ORANGE COUNTY EMPLOYEES

ASSOCIATION (OCEA)

MEMORANDUM OF UNDERSTANDING
ADOPTED: DECEMBER 9March 13, 20192023
EXPIRES: JUNE 30, 20252
Resolution Number OCEA
2 of 34

TABLE OF CONTENTS
SECTION 1: RECOGNITION ....................................................................................6 SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions......................................................................................7 B. Employee Association Dues.......................................................................7 C. Indemnification ........................................................................................7-8 SECTION 3: CITY RIGHTS
Rights/Responsibilities..................................................................................8-9 SECTION 4: NON-DISCRIMINATION.................................................................9-10 SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan ........................................................................10 B. Advancement within Salary Ranges...................................................10-11 C. Salary Increases.......................................................................................11 D. Salary Decreases .....................................................................................11 E. Adjustment of Salary Ranges...................................................................11 F. Salary and Benefits on Suspension .........................................................11 G. Salary Adjustments During Term of MOU..........................................11-12 H. Parity Agreement......................................................................................12 Resolution Number OCEA
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SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage .........................................................................13 B. Seniority Bonus.........................................................................................13 C. Maintenance Worker Merit Program……………………………………..13
D. Standby Compensation.......................................................................13-14 E. Shift Differential – Public Works ...............................................................14 F. Shift Differential – Traffic Services.............................................................14 G. Traffic Signal Technician Pay ..................................................................14 H. Class A/B License Pay.............................................................................14 I. Training Program ..................................................................................14-16 J. Uniforms & Equipment/Uniform Allowance...............................................16 K. Water Treatment/Water Distribution Pay............................................16-17 L. Recertification Reimbursement.................................................................17 M. Deferred Compensation Program............................................................17 N. Bilingual Compensation.............................................................................17 SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration ...........................................................................................17 B. Selection and Funding..............................................................................17 C. Changes ...................................................................................................17 D. Compensatory Time Off (CTO)................................................................17 SECTION 8: HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE A. Health Insurance .................................................................................18-19 Resolution Number OCEA
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B. Retirement Health Insurance................................................................... 19 C. Life Insurance..................................................................................... 19-20 D. Disability Insurance Plan......................................................................... 20 SECTION 9: RETIREMENT ....................................................................................20 SECTION 10: HOURS OF WORK.....................................................................20-21 Holiday Closures.......................................................................................21-22 SECTION 11: OVERTIME
A. Overtime & Call-Out Pay ..........................................................................22 B. Court Time...........................................................................................22-23 SECTION 12: HOLIDAYS..................................................................................23-24 SECTION 13: SICK LEAVE ....................................................................................24 SECTION 14: VACATION TIME........................................................................25-26 SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay ........................................26-27 B. Bereavement Leave .................................................................................27 C. Military Leave of Absence ........................................................................27 D. Pregnancy Disability Leave of Absence ..................................................27 E. Family Leave ............................................................................................28 F. Catastrophic Leave..............................................................................28-29 Resolution Number OCEA
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SECTION 16: JURY DUTY .....................................................................................29 SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period.................................................29 B. Objective of Probationary Period..............................................................30 C. Employee Performance Appraisal ...........................................................30 D. Rejection of Probationary Employee........................................................30 SECTION 18: LAYOFF PROCEDURES ................................................................31 SECTION 19: SAFETY COMMITTEE PROGRAM ................................................31 SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL

DRIVER LICENSE HOLDERS
Anti-Drug & Alcohol Policy.............................................................................31 SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. - C. Merger of Negotiations..................................................................31-32 D. Separability...............................................................................................32 E. Reopener Clause......................................................................................32 SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING.....................32 SECTION 23: EMERGENCY WAIVER PROVISION .............................................32 SECTION 24: RATIFICATION............................................................................32-33 SECTION 25: WORKING GROUPS........................................................................33 Resolution Number OCEA
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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH
AND

ORANGE COUNTY EMPLOYEES ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or “Management” interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the Orange County Employees Association (OCEA), an association of employees of the City of Seal Beach, hereinafter referred to as "Association" representing all fulltime non-safety employees of the City except those employees determined to be professional, confidential, administrative, management and certain specified supervisory employees.

B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 1 above for the purpose of meeting its obligations under this MOU, the Meyer-Milias-Brown Act, Government Code Section 3500 et seq., when City rules, regulations or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed.

C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose, providing that such time shall not exceed 2 hours in any 1 week unless agreed to by City. City also agrees that such representatives may utilize not more than 1 hour per month or 12 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other officers of Association.

D. The City shall provide a bulletin board in each of the following locations:

Public Works Yard, Administration Building, and Police Department. Such bulletin boards to be available for the purpose of posting notices pertaining to Association business only. Association shall not use any other bulletin board within City facilities.

E. The City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any.

Association and City agree that employees appointed or elected as Association representatives shall be required to work full time.

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F. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein.

G. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management.

H. During the term of this MOU, the City shall provide to the Association, upon receipt of a written request, a listing of all current employees in this unit, consistent with the requirements of applicable law. Such listing shall include employee name and job classification.

I. This MOU shall be effective by and between Management and Association upon execution by Management and the required number of the duly authorized recognized representatives of Association.

SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions - The City shall not be required to make payroll deductions for any other items or reasons except as specified in this MOU.

Management shall determine in the interest of cost and efficiency as to whether said deductions shall be on a monthly basis or on each bi-weekly payroll.

Management may require notice from employee of any change or modification in any payroll deduction authorized in this section of this MOU. Said notice may be required at least 10 days prior to the effective date of said requested modification or change. Management agrees that payroll deductions are authorized for purposes of any employee depositing funds or making payments directly to a credit union providing that any deduction shall not be less than $5.00 on a monthly basis, or $2.50 if bi-weekly deductions for such purpose as authorized by Management.

B. Employee Association Dues - City agrees to deduct regular monthly Association dues from salary or wages of any Association member when authorized to do so by said City employee in writing in a form satisfactory to City and to remit such deductions to Association within 15 days after making such deduction from an employee's salary or wages, and within the terms of the signed deduction authorization of such City employee. The deduction of such Association dues and the remittance of same by City to Association shall constitute payment of said dues of such employee and member of Association.

C. Indemnification - The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to this Section.

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SECTION 3: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights:

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

2. To determine the existence or nonexistence of facts which are the basis of the management decisions.

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

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

5. To determine methods of financing.

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

7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted.

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

9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice.

10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive.

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

12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause.

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13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolution and codes of the City.

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City.

15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City.

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

17. To maintain order and efficiency in its facilities and operation.

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement.

19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU.

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

B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU.

SECTION 4: NON-DISCRIMINATION
A. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, physical handicap, marital status, political or religious opinions or affiliations or sexual orientation. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of the Federal or State agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with State or Federal anti-discrimination laws.

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SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan

1. All employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5 steps within each range.

2. The 1st step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City.

3. The 2nd step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager.

4. The 3rd, 4th and 5th steps are merit adjustments to encourage an employee to improve his work and to recognize increased skill on the job.

Employees are normally eligible for these adjustments at any time after the completion of 1 year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager.

B. Advancement within Salary Ranges

1. In order to properly compensate an employee, advancement in salary shall be based on merit.

2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City.

3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager.

4. An employee should be reviewed at least once every 12 months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated.

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C. Salary Increases

1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion.

2. Temporary Appointment - City agrees that employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the 1st hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate.

D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date.

E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed.

F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension.

G. Salary Adjustments During Term of Memorandum Of Understanding

1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council. Salary increases are as follows:

Upon adoption by City Council - Employees shall receive a

32.5% cost of living adjustment retroactive to the first full pay period in July 20192022.

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First pay period on or following July 1, 2020 2023 -–
Employees shall receive a 2% cost of living adjustment. CPI adjustment, minimum 2% up to 4% maximum, as measured
utilizing the change in the Los Angeles - Long Beach -
Anaheim All Urban Consumers Index for the 12 months of
April 2019 - April 2020
First pay period on or following July 1, 2021 2024 –
Employees shall receive a 2% cost of living adjustment.CPI adjustment, minimum 2% up to 4% maximum, as measured
utilizing the change in the Los Angeles –Long Beach–
Anaheim All Urban Consumers Index for the 12 months of
April 2020 – April 2021
OCEA Classifications
Grade Job Classifications
8 Community Services Officer
8 Maintenance Worker
8 Recreation Specialist
12 Senior Community Services Officer
12 Senior Maintenance Worker
12 Water Operator
15 Police Recruit
16 Senior Water Operator
18 Lead Community Services
OfficerPolice Civilian Investigator
19 Electrician

2. If the Management representative is of the sole opinion that recruitment, retention or other reasons necessitate other upward salary adjustments, Management representative will meet and confer with Association on position classifications specified by the Management representative or Association.

Management representative may make additional recommendations to the City Council.

3. For any and all position classifications not listed in this section, said classifications not having personnel employed by City, salary adjustment, if any, may be recommended by Management without further consultation or approval of Association.

H. Parity Agreement – During the term of this agreement, if one or more bargaining units receives salary adjustments greater than those afforded to OCEA, the City agrees to provide additional salary adjustments to OCEA represented Resolution Number OCEA
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classifications as applicable.

SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage - Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the rate established by the Internal Revenue Service (IRS).

B. Seniority Bonus - Employees who have achieved ten years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the payroll period following the 10th anniversary of their employment.

C. Maintenance Worker Merit Program – Under the provisions of this program, all Maintenance Worker employees will become eligible to “promote” to the classification of Senior Maintenance Worker providing the following conditions have been met:

1. The employee must have reached “E” step in the classification of Maintenance Worker.

2. The employee must have served in the capacity of Maintenance Worker “E” step for a minimum period of twelve months.

3. Employee must have been rated satisfactory on most recent performance evaluation.

Any vacancies in the Maintenance Worker or Senior Maintenance Worker work force will be recruited at the Maintenance Worker level.

D. Standby Compensation

1. Public Works Maintenance/Water Division- Each employee - who is assigned to standby duty will be compensated for 2 hours at a rate of time and one-half for each weekday of duty and 5 hours at a rate of time and one-half for standby duty on Saturday or Sunday or holidays. The assignment to standby duty will be rotated among all department personnel.

2. No compensation will be provided to additional personnel serving as "backup" to the regularly scheduled Maintenance or Water person assigned to standby duty.

3. Employees on standby duty who are called out will be compensated in accordance with Section 11.

4. Employees assigned to standby duty are required to respond to all Resolution Number OCEA
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emergencies on a 24 hour basis.

5. An employee assigned to standby duty and regularly assigned to Public Works – Maintenance shall respond to calls for emergencies within City limits not related to the water system. The employee on standby for Water shall act as back up personnel only for such Maintenance emergencies.

6. An employee assigned to standby and regularly assigned to the Water department shall respond to calls for emergencies related to the City’s water system. The employee on standby for Public Works – Maintenance shall act as backup personnel only for such Water emergencies.

7. Personnel assigned to standby duty are required to carry with them or have nearby, a portable communication device during all non-regular working hours and also must confine their activities to the extent that they remain within 20 minutes driving time of the City of Seal Beach at all times. In addition, standby personnel will be required to have in their possession a current roster listing each employee in the Public Works Department with their telephone number.

E. Shift Differential – Public Works - City agrees that employees in the Public Works Department who are assigned duties between the hours of 4:00 a.m. and 6:30 a.m. shall be paid at a rate of time and one-half for time worked during that period.

F. Shift Differential – Traffic Services – City agrees that employees assigned to Traffic Services in the Police Department who perform parking enforcement duties for 4 or more hours between the hours of 6 p.m. and 6 a.m. shall receive a shift differential of $100 per pay period.

G. Traffic Signal Technician Pay - Each employee in the Public Works Department in the classification of Electrician who has a Level 2 Traffic Signal Technician Certificate from the International Municipal Signal Association will be entitled to receive $30 per payroll period.

H. Class A/B License Pay - Each full-time employee in the Public Works Department required by the City to maintain a Class A or B license for the performance of their work, will be entitled to receive $30 per payroll period. The Public Works Director or his designee will notify Personnel Office of eligible employees.

I. Training Programs

1. Required Training - An employee who is required by his or her Department Head to attend a specified off-duty training course, shall, upon submission of receipts, receive reimbursement for the following: transportation cost where appropriate, cost of books, course registration and related expenses directly Resolution Number OCEA
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necessary for the successful completion of the course. If required training is necessary beyond the normal workday, workweek or work period, the employee shall be entitled to pay computed at the regular base hourly rate or overtime hourly rate, as applicable under the MOU, or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 7-D of this MOU.

2. Desirable Training - Desirable training is defined as an off-duty instruction that will be mutually and immediately beneficial to the employee and the City. Prior to enrolling in a class for desirable training, an employee wishing reimbursement for his or her expenses shall obtain the approval of the City Manager as to course content and its relationship to the employee's employment with the City as well as the recommendation of the Department Head. This approval is at the sole discretion of the City Manager. In the event the City Manager approves such request and the employee has received a grade of "C" or better or its equivalent grade point upon completion of the course, the employee shall submit a copy of the official transcript and a receipt for the tuition fee to the Personnel Office. Upon approval by the City Manager, the employee shall then be reimbursed for the cost of tuition and books in accordance with the tuition reimbursement policy adopted by the City. Employee shall not be entitled to either compensated overtime or compensatory time off for participating in desirable training or off-duty instruction.

3. Employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking.

Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year.

4. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager.

Example: Employee A attends California State University, Long Beach, for the Spring 2020 2023 semester and completes
2 (3-unit) undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
20192022/2020 2023 State University Tuition $1,665.00 (0-6 units)
Required University Fees $ 546.00 (approx.)
Parking $ 155250.00
Books $ 300.00 (approx.)
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TOTAL $2,666767.00

5. Training Conferences and Seminars - Approval for employees attending conferences and seminars is at the sole discretion of the Department Head and the City Manager. Prior to enrolling in a seminar or conference, an employee wishing reimbursement for his or her expenses shall obtain the approval of the Department Head and the City Manager. Once approvals are given, those employees will be reimbursed for allowable expenses per City Policy #300-10.

J. Uniforms & Equipment/Uniform Allowance

1. Public Works Department Employees - Each employee of the Department of Public Works, except clerical, engineering and related classifications as determined by the City Manager, shall be entitled to uniform service. The City shall pay the total cost of renting and laundering uniforms (designated by the Department Head) for each eligible employee. For Classic Members, up to $10.00 per pay period will be reportable to CalPERS.

2. Police Department Employees (Non-Sworn Members) - Each nonsworn employee of the Police Department assigned to wear a uniform as a condition of employment shall be entitled to a sum of $40 per payroll period. In addition, new employees of non-sworn status in the Police Department shall receive initial uniforms as determined by the Chief of Police. Each non-sworn employee of the Police Department NOT required to wear a uniform as a condition of employment shall not receive a uniform allowance. Should conditions of employment change and those classifications are required to wear a uniform, the $40 per payroll period uniform allowance shall be reinstated.

3. Safety Shoes- City agrees to provide acceptable safety shoes at a maximum of $250 per calendar year for authorized employees as designated by their Department Head. Any remaining funds from the allotted safety shoe allowance may be used to purchase shoe related items (shoe inserts, socks, shoelaces). City recommends employees purchase OSHA certified footwear.

4. Safety Shoes – Public Works – Public Works employees may purchase an additional pair of safety shoes and/or shoe related items of up to $250 each calendar year with prior written approval from the Public Works Director.

K. Water Treatment/Water Distribution/Backflow Prevention Pay – Each Public Works Employee in the classification of Senior Water Operator or Water Operator who has received a Grade II Water Treatment Operator Certificate from the California Department of Health Services or Grade II Water Distribution Operator Certificate from the American Water Works Association will be entitled to receive a one-time $100.00.

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Each Public Works Employee in the classification of Senior Water Operator or Water Operator who has received a Grade III Water Treatment Operator Certificate from the California Department of Health Services or Grade III Water Distribution Operator Certificate from the American Water Works Association will be entitled to receive $30 per payroll period.

Each Public Works employee required to hold a backflow prevention device tester certificate will be entitled to a one-time $100.00.

L. Recertification Reimbursement - City to reimburse employees for required water re-certification.

M. Deferred Compensation Program - The City shall contribute 1% of base salary per pay period into a tax-qualified deferred compensation program for eligible employees.

N. Bilingual Compensation

1. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills.

2. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on employee’s proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay.

SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration - The City reserves the right to select, change, administer or fund any fringe benefit programs involving insurance that now exists or may exist in the future during the term of this MOU.

B. Selection and Funding - In the administration of fringe benefit programs involving insurance, the City shall have the right to select any insurance carrier or other method providing coverage to fund the benefits provided hereinafter during the term of this MOU.

C. Changes - The City shall notify the Association prior to any change of insurance carrier or method of funding coverage for any fringe benefits provided hereinafter during the term of this MOU. No changes in insurance carrier or methods of funding coverage shall result in the reduction of any benefits to any employee covered by this agreement, irrespective of the carrier or plan in effect from time to time. Within the term of this agreement, the City may provide Resolution Number OCEA
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alternative health plans.

D. Compensatory Time Off (CTO) - The maximum (cap) for banked CTO is 160 hours. CTO earned in excess of 160 hours will be paid as overtime during the pay period accrued.

SECTION 8: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage

1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution. For calendar year 20172023, CalPERS has established the minimum PEMHCA contribution at $ 128 151 per month per employee.

2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees.

3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City’s cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning on or after January 1, 20192023, the monthly flex dollar amount shall be:

For Employees only $
862.111,053.52/month
For Employee and 1 dependent $
1332.241,628.04/month
For Employee and 2 or more dependents $
1722.832,105.37/month

4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for example, in calendar 20192023, an employee’s monthly flex dollar allowance is $ 832.821,053.82. Of that amount, $136 151 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the full flex cafeteria plan.

5. Every January 1st during the term of this agreement, the City shall increase the contribution amounts above by the percentage of increase for basic plans published by CalPERS which sets health insurance premiums for the coverage year.

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6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible to receive $350 per month beginning January 1, 2017 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in Human Resources.

7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month.

8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the full flex cafeteria plan.

9. City shall not contribute a dollar amount for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers’ Compensation Insurance.

B. Retirement Health Insurance

1. Employees covered by this Agreement shall have the option, upon retirement, to continue participation in the City's health insurance program at the employee's expense.

2. Employees covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the rate of Kaiser HMO. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the rate of Kaiser HMO which is in effect at the time of retirement. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City’s contribution towards PEMHCA 3.

Employees hired by the City on or after April 13, 2009 and retire after December 31, 2010, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution.

4. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree.

5. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex Resolution Number OCEA
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contribution at time of retirement.

C. Life Insurance

1. Management agrees to provide a group term life insurance plan providing life insurance coverage of $50,000 for each full-time classified non-safety employee represented by the Association, a double indemnity accidental death benefit, and a dependent death benefit in the amount of $1,000 per dependent.

2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the first day of the next succeeding month.

D. Disability Insurance Plan

1. The City shall provide a group insurance plan for income continuation for eligible employees. Said insurance to provide an income continuation of

66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, for a period of time not to exceed the length of injury or illness, up to the age of retirement as designated by the Social Security Administration.

SECTION 9: RETIREMENT
A. The retirement program provided by the City shall consist of a pooled Public Employee’s Retirement System (PERS) plan, which includes the following Government Code provisions:

Section 20042 - One Year final compensation (Single Highest Year) Section 20965 - Credit for unused sick leave
Section 21024 - Military Service Credit
Section 21573 – 3rd Level of 1959 Survivor Benefits
Section 21251.32 – 2% @ 55
B. The employees shall pay the full 7% of their CalPERS required contribution of their compensation earnable.

C. New employees/members hired on or after January 1, 2013 as defined by The Public Employees’ Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with PEPRA and other legislation.

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SECTION 10: HOURS OF WORK
A. Prior to implementing a change in work schedule for the Public Works Department from the 4 day schedule, Orange County Employees Association will be notified. Upon request, the City will meet and confer with the Association on the impact of any scheduled change.

B. At the discretion of the Department Head: Community Services Officer and, Senior Community Services Officer, and Lead Community Services Officer positions may be scheduled in shifts of 9-hour 4 days each week and one additional 8 hour day on alternate weeks, referred to as the 9/80 plan, or may be scheduled in shifts of 10-hour 4 days each week, referred to as the 4/10 plan. Additionally, other non-sworn positions may be scheduled on the 5/8 plan to accommodate training sessions. At the discretion of the Department Head, Public Works Beach Division employees may be scheduled on a 5/8 work shift from May through September.

C. Holiday Closures

1. The City Manager may designate up to 5 specific holiday closure work days in each calendar year between Christmas Day and New Year’s Day during which employees may be required to take time off, charged to leave without pay, the employee’s accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee, but may differ between employees. Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff.

2. If an employee is required to work on a City Manager designated holiday closure work day, the employee will receive pay computed at time and onehalf employees’ basic hourly rate for the number of hours actually worked.

Example: Employee A normally works a 10-hour day, 4 days per week, and is required to work 4 hours on a City Manager designated holiday closure work day on December 28, 2016. Employee A would earn pay computed as follows:

Hours Pay Rate
4 hours work pay Regular base hourly rate or overtime
hourly rate, as applicable under MOU
6 hours leave time Compensatory time, vacation, floating holiday, or combination thereof
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3. All General Unit Orange County Employees Association members shall be granted ½ hour paid release time to attend quarterly Association meetings and 2 additional ½ hour for meetings to be called at the discretion of the Association. Such release time shall be taken in conjunction with the employees regularly scheduled lunch and shall be approved only after a minimum of 10 days’ notice has been given to the City.

5. Police Department Employees are excluded from Section 10C.

SECTION 11: OVERTIME
A. Overtime and Call-Out Pay

1. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin.

2. If the responsible supervisor determines that overtime is necessary on work started on an assigned shift, the assigned employee(s) may continue with that work as an extension of their assigned shift.

3. Call out and overtime pay shall be paid at the rate of time and onehalf the hourly rate. Minimum "call out" time (when returning to work) shall be 2 hours.

4. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage, and the hourly wage is then multiplied by 1.5 times the actual overtime worked to determine the overtime pay.

Paid overtime for the payroll period is to be submitted and computed with the regular payroll.

5. Notwithstanding any provision of this Section, employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 7 - D of this MOU.

B. Court Time

1. All eligible employees called for a subpoenaed court appearance which arises out of the course of employment and not contiguous with the employee’s work shift shall be compensated for a minimum of 2⅔ hours at the rate of 1½ times the employee’s regular hourly rate of pay. Should the appearance exceed 2⅔ hours, the employee shall receive pay for the actual appearance time, excluded court designated lunch period, at the rate of 1½ times the employee’s Resolution Number OCEA
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regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police Station to go directly to court.

2. Any appearance that is contiguous with a regular work shift is not subject to the 2⅔ minimum.

3. All employees agree to comply with “on-call” policies administered by their department. Should an eligible employee be placed “on-call” during off duty hours for court appearance(s), he shall be granted 2 hours pay at the employee’s straight time hourly rate for any on call time prior to 12:00 noon and 2 hours for all on call time after the hour of 12:00 noon.

SECTION 12: HOLIDAYS
A. The City agrees to grant all full time employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay:

Holiday Date
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*Floating Holidays (2) (discretion of employee)
Total of 12 holidays annually
*Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be approved in advance by the Department Head.

B. When a holiday falls on a Sunday, the next day shall be observed as a holiday. When a holiday falls on a Saturday, the preceding day shall be observed as a holiday.

C. When a holiday falls on a full-time employee’s regularly scheduled day off, Resolution Number OCEA
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the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU.

Example #1: Employee A normally works a 9/80 schedule, and a holiday falls on the employee’s Friday off, Employee A
would receive 8 hours of compensatory time off.

Example #2: Employee B normally works a 9/80 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, or
Thursday, Employee B would receive 9 hours of
compensatory time off.

Example #3: Employee C normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10
hours of compensatory time off.

D. An employee who is required to work on a holiday shall receive pay computed at 1½ times the employees' basic hourly rate for the number of hours actually worked.

Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:

Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime
hourly rate, as applicable under MOU
E. Holidays which fall during an employee’s leave time shall not be charged against the employee’s leave time balance.

SECTION 13: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hour) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached.

B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days.

C. Except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination.

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D. Employees who are on leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

E. Sick leave balances may not be used to defer a disability retirement.

SECTION 14: VACATION TIME
A. All full-time employees covered by this MOU, who have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year.

B. All full-time employees, who shall have at least 5 years of continuous service, shall be entitled to 8 additional hours of vacation per year of full-time continuous service for each year of service in excess of 5 years up to a maximum of approximately 160 hours per year.

C. The vacation accrual schedule is as follows:

Years’
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 80 3.0769 80 160
5 80 3.0769 80 160
6 88 3.3846 88 200
7 96 3.6923 96 200
8 104 4.0000 104 200
9 112 4.3076 112 200
10 120 4.6153 120 200
11 128 4.9230 128 240
12 136 5.2307 136 240
13 144 5.5384 144 240
14 152 5.8461 152 240
15 160 6.1538 160 240
D. Employees of the City considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacation.

E. Employees who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence.

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F. All full-time employees shall only be allowed to accrue a maximum of 240 hours of vacation as set forth above. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee’s accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing.

G. An employee who makes a reasonable request (2 weeks prior) for time off and is denied, causing the employee to meet or exceed the accrual limit in the pay period for which time off is requested shall be provided the ability to cash out up to 40 hours of accrued vacation time.

H. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours each year, until the maximum accrual is met.

The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success.

I. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager.

The time at which an employee shall take vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies.

J. Not more than once in each fiscal year, aAn employee who has completed at least 1 year of continuous service shall, upon request, receive compensation for up to 80 hours of accrued vacation time provided that the employee has taken an equal amount of vacation time off within that fiscal yearat least 80 hours remain in the employee’s vacation bank. Employees may elect two 40 hour cash outs or a single 80 hour cash out.

SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay

1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in Resolution Number OCEA
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cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days.

2. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed 1 year.

3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted.

Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge.

4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee's disability insurance plan, and life insurance plan for the first 30 days of leave of absence.

B. Bereavement Leave - The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time. “Immediate family” is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, mother-in-law, father-in-law, registered domestic partner-in-law or dependent relative living with the employee.

C. Military Leave of Absence

1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave.

2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first 3 months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable).

3. After the first 3 months of military leave, the employee may continue said benefits at his cost.

D. Pregnancy Disability Leave of Absence
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1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave.

2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay.

E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 15 - B.

1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City.

2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin.

3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws.

4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave.

5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws.

F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave:

1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident.

2. The leave pool shall be administered by the Finance Department.

3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.

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4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program.

5. All donations are to be confidential, between the donating employee and the Finance Department.

6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.

7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation.

8. Donations will be subject to applicable tax laws.

9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee.

10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary.

11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s condition.

SECTION 16: JURY DUTY COMPENSATION
A. Employees required to report for jury duty shall be granted leaves of absence for such purpose, upon presentation of jury notice to the Department Head. Said employees shall receive full payment for the time served on jury service, provided the employee remits any fees received for such jury service, excluding payment for mileage, to the City's Finance Department. Compensation for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be returned to the employee by the Finance Department.

B. If the sum of the employee's jury duty responsibilities is less than a full work day, the employee shall contact his supervisor as to the feasibility of returning to work that day.

C. Any hours worked beyond the regularly scheduled work day shall be subject to the workweek and overtime provisions. An employee may request a change in regularly scheduled working hours to a Monday through Friday day shift for the duration of such jury duty. Such requests shall be granted if practicable.

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SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period

1. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of 6 months of service.

2. When unusual circumstances merit the extension of the probationary period, the Department Head shall request, in writing, approval of the City Manager.

Said extension shall not exceed 180 days. The Personnel Office shall notify the Department Head and the probationer concerned no-less-than 2 weeks prior to the termination of any probationary period.

3. If the service of a probationary employee has been satisfactory, the Department Head shall file with the Personnel Office a statement, in writing, that the retention of the employee is desired. No actions changing an employee's status from probationary to regular full-time shall be made or become effective until approved by the City Manager.

B. Objective of Probationary Period - The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position, and for rejecting any probationary employee whose performance does not meet the required standards of work.

C. Employee Performance Appraisal

1. Each probationary employee shall have his performance evaluated at the end of each 3 months of service or at a more frequent interval when deemed necessary by the Department Head. Such evaluation shall be reported in writing and in the form approved by the Personnel Office.

2. The written appraisal report of an employee's performance evaluation shall be filed in the Personnel Office and made a part of the employee's personnel records, with one copy to be given to the employee.

D. Rejection of Probationary Employee

1. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Department Head, with approval of the City Manager, without cause and without right of appeal, except the right of appeal of punitive action as may be provided by law. Notification of rejection, in writing, shall be served on the probationary employee and a copy filed with the Personnel Office.

A termination interview may be conducted with each rejected probationer.

Resolution Number OCEA
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2. An exception will be applied where the probationary employee's job termination or dismissal is based on charges of misconduct which stigmatizes his reputation or seriously impairs his opportunity to earn a living, or which might seriously damage his standing and association in the community. Where there is such a deprivation of a "liberty interest", the employee shall be given predisciplinary procedural due process as defined in the City of Seal Beach Personnel Rules and Regulations and this MOU. Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure as outlined in the Rules and Regulations.

SECTION 18: LAYOFF PROCEDURES
A. The appointing authority may lay off employees or demote employees in lieu of layoff subject to Section II - TERMINATION of the City's Personnel Rules and Regulations.

B. Notwithstanding Section II of the City of Seal Beach Personnel Rules and Regulations, the City agrees to apply the following as part of the definition of seniority in layoffs.

C. Whenever seniority is equal, the seniority of the employee shall be determined first by examining continuous service within the affected classification and if not determinative, then by position on the employment list.

SECTION 19: SAFETY COMMITTEE PROGRAM
A Citywide Safety Committee Program will be implemented; an employee representing each department will participate and will meet on a quarterly basis.

SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL DRIVER’S LICENSE HOLDERS
Anti-Drug & Alcohol Policy
A. Employees of the City of Seal Beach who are required to possess a commercial driver’s license - Class A or B - to operate a City vehicle in the scope of their employment, or employees who perform safety sensitive functions will be subject to controlled substance and alcohol testing rules in accordance with Federal Regulations 49CFR, Parts 382, 391, 392 and 395.

B. This policy reflects the City’s compliance with the applicable Federal laws in conjunction with a commitment to provide a safe environment for its employees and the public alike. Only covered employee positions and covered employees performing safety sensitive functions are expected to comply with this Resolution Number OCEA
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policy. By implementing this policy, the goal is to ensure a drug and alcohol-free transportation environment and to reduce accidents, injuries and fatalities.

SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. Merger of Negotiations - This MOU represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and previous Memorandums of Understanding of whatsoever kind of nature are merged herein.

B. Notwithstanding the provision of Sub-section A, there exists within the City certain personnel rules and regulations and department rules and regulations. To the extent that this MOU does not specifically contradict these personnel rules and regulations or department rules and regulations or City ordinances, they shall continue subject to being changed by the City in accordance with the exercise of City rights under this MOU and applicable state law.

C. Except as provided herein, other terms and conditions of employment, oral or written, express or implied that are presently enjoyed by employees represented by the Association shall remain in full force and effect during the entire term of this MOU unless mutually agreed to the contrary by both parties hereto.

D. Separability - If any provision of the MOU or the application of such provision to any person or circumstance shall be held invalid, the remainder of the MOU or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

E. Reopener Clause - City and Association agree to reconvene during the terms of this MOU to discuss retiree benefits, including but not limited to, the implementation of Health Savings Account (HAS), Health Reimbursement Arrangement (HRA), or Voluntary Employee Beneficiary Association (VEBA) programs for employee and retiree medical premiums.

SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force and effect from July 1, 2019 2022 until midnight, June 30, 20222025.

SECTION 23: EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules and Regulations of the City, which prevent the City's ability to respond to these emergencies, shall be suspended for the duration Resolution Number OCEA
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of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any Personnel Rules and Regulations.

SECTION 24: RATIFICATION
This MOU is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association.

Following such approval and adoption, the MOU shall be implemented by the appropriate resolutions(s), ordinance(s), or other written action of the City Council.

IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed this 9
th 13th day of December March 201923.

SECTION 25: WORKING GROUPS
The parties agree to form three working groups to discuss the following items:
short term disability insurance, jail operations, and process for advancement to senior classification for Water Operators and Community Services Officers. These working groups shall commence meeting within sixty (60) days following Council approval of this MOU, unless otherwise agreed to by both parties. In the event the parties reach an agreement in one or more working groups, such agreement will be incorporated into the MOU via a side-letter agreement subject to City Council approval.

Resolution Number OCEA
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CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
_________________________________ Date: _______________ Patrick Gallegos, Assistant City Manager
_________________________________ Date: ________________ Victoria L. Beatley, Director of FinanceJill R. Ingram, City Manager ORANGE COUNTY EMPLOYEE ASSOCIATION REPRESENTATIVES:
______________________________________ Date: ________________ Veronica Rodarte, OCEA Senior Labor Relations Representative _____________________________________ Date: ________________ Danielle Chau, OCEA Labor Relations Specialist
________________________________ Date: ________________ Chaz BusseVan Mesa
________________________________ Date: ________________ Aine Eisenhauer
________________________________ Date: ________________ Vanessa RoddyMatthew Printy
________________________________ Date: _________________ Cory Wekerle
Adopted by Resolution No.

EXHIBIT B

ORANGE COUNTY EMPLOYEES

ASSOCIATION (OCEA)

MEMORANDUM OF UNDERSTANDING
ADOPTED: March 13, 2023
EXPIRES: JUNE 30, 2025
Resolution Number OCEA
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TABLE OF CONTENTS
SECTION 1: RECOGNITION ....................................................................................6 SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions......................................................................................7 B. Employee Association Dues.......................................................................7 C. Indemnification............................................................................................7 SECTION 3: CITY RIGHTS
Rights/Responsibilities..................................................................................8-9 SECTION 4: NON-DISCRIMINATION ....................................................................10 SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan ........................................................................10 B. Advancement within Salary Ranges ........................................................10 C. Salary Increases.......................................................................................11 D. Salary Decreases .....................................................................................11 E. Adjustment of Salary Ranges...................................................................11 F. Salary and Benefits on Suspension .........................................................11 G. Salary Adjustments During Term of MOU..........................................11-12 H. Parity Agreement......................................................................................12 Resolution Number OCEA
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SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage .........................................................................12 B. Seniority Bonus.........................................................................................13 C. Maintenance Worker Merit Program………………………………………13
D. Standby Compensation.......................................................................13-14 E. Shift Differential – Public Works ...............................................................14 F. Shift Differential – Traffic Services.............................................................14 G. Traffic Signal Technician Pay ..................................................................14 H. Class A/B License Pay.............................................................................14 I. Training Program ..................................................................................14-15 J. Uniforms & Equipment/Uniform Allowance...............................................16 K. Water Treatment/Water Distribution Pay .................................................16 L. Recertification Reimbursement.................................................................17 M. Deferred Compensation Program............................................................17 N. Bilingual Compensation.............................................................................17 SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration ...........................................................................................17 B. Selection and Funding..............................................................................17 C. Changes ...................................................................................................17 D. Compensatory Time Off (CTO)................................................................17 SECTION 8: HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE A. Health Insurance .................................................................................18-19 Resolution Number OCEA
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B. Retirement Health Insurance................................................................... 19 C. Life Insurance..................................................................................... 19-20 D. Disability Insurance Plan......................................................................... 20 SECTION 9: RETIREMENT ....................................................................................20 SECTION 10: HOURS OF WORK.....................................................................20-21 Holiday Closures............................................................................................21 SECTION 11: OVERTIME
A. Overtime & Call-Out Pay ..........................................................................22 B. Court Time...........................................................................................22-23 SECTION 12: HOLIDAYS..................................................................................23-24 SECTION 13: SICK LEAVE ....................................................................................24 SECTION 14: VACATION TIME........................................................................24-26 SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay ........................................26-27 B. Bereavement Leave .................................................................................27 C. Military Leave of Absence ........................................................................27 D. Pregnancy Disability Leave of Absence ..................................................27 E. Family Leave .......................................................................................28-29 F. Catastrophic Leave..............................................................................28-29 Resolution Number OCEA
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SECTION 16: JURY DUTY .....................................................................................29 SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period............................................29-30 B. Objective of Probationary Period..............................................................30 C. Employee Performance Appraisal ...........................................................30 D. Rejection of Probationary Employee........................................................30 SECTION 18: LAYOFF PROCEDURES...........................................................30-31 SECTION 19: SAFETY COMMITTEE PROGRAM ................................................31 SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL

DRIVER LICENSE HOLDERS
Anti-Drug & Alcohol Policy.............................................................................31 SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. - C. Merger of Negotiations..................................................................31-32 D. Separability...............................................................................................32 E. Reopener Clause......................................................................................32 SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING.....................32 SECTION 23: EMERGENCY WAIVER PROVISION .............................................32 SECTION 24: RATIFICATION .................................................................................32 SECTION 25: WORKING GROUPS...................................................................32-33 Resolution Number OCEA
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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH
AND

D. The City shall provide a bulletin board in each of the following locations:

Association and City agree that employees appointed or elected as Association representatives shall be required to work full time.

Resolution Number OCEA
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F. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein.

I. This MOU shall be effective by and between Management and Association upon execution by Management and the required number of the duly authorized recognized representatives of Association.

SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions - The City shall not be required to make payroll deductions for any other items or reasons except as specified in this MOU.

Management shall determine in the interest of cost and efficiency as to whether said deductions shall be on a monthly basis or on each bi-weekly payroll.

Resolution Number OCEA
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SECTION 3: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights:

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

2. To determine the existence or nonexistence of facts which are the basis of the management decisions.

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

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

5. To determine methods of financing.

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

9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice.

10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive.

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

12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause.

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14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City.

15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City.

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

17. To maintain order and efficiency in its facilities and operation.

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement.

19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU.

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

SECTION 5: COMPENSATION PLAN
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A. Basic Compensation Plan

3. The 2nd step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager.

4. The 3rd, 4th and 5th steps are merit adjustments to encourage an employee to improve his work and to recognize increased skill on the job.

B. Advancement within Salary Ranges

1. In order to properly compensate an employee, advancement in salary shall be based on merit.

2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City.

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C. Salary Increases

G. Salary Adjustments During Term of Memorandum Of Understanding

1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council. Salary increases are as follows:

Upon adoption by City Council - Employees shall receive a

2.5% cost of living adjustment retroactive to the first full pay period in July 2022.

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First pay period on or following July 1, 2023 – Employees shall receive a 2% cost of living adjustment.

First pay period on or following July 1, 2024 – Employees shall receive a 2% cost of living adjustment.

OCEA Classifications
Grade Job Classifications
8 Community Services Officer
8 Maintenance Worker
8 Recreation Specialist
12 Senior Community Services Officer
12 Senior Maintenance Worker
12 Water Operator
15 Police Recruit
16 Senior Water Operator
18 Police Civilian Investigator
19 Electrician

Management representative may make additional recommendations to the City Council.

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B. Seniority Bonus - Employees who have achieved ten years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the payroll period following the 10th anniversary of their employment.

1. The employee must have reached “E” step in the classification of Maintenance Worker.

2. The employee must have served in the capacity of Maintenance Worker “E” step for a minimum period of twelve months.

3. Employee must have been rated satisfactory on most recent performance evaluation.

Any vacancies in the Maintenance Worker or Senior Maintenance Worker work force will be recruited at the Maintenance Worker level.

D. Standby Compensation

2. No compensation will be provided to additional personnel serving as "backup" to the regularly scheduled Maintenance or Water person assigned to standby duty.

3. Employees on standby duty who are called out will be compensated in accordance with Section 11.

4. Employees assigned to standby duty are required to respond to all emergencies on a 24 hour basis.

6. An employee assigned to standby and regularly assigned to the Water department shall respond to calls for emergencies related to the City’s water Resolution Number OCEA
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system. The employee on standby for Public Works – Maintenance shall act as backup personnel only for such Water emergencies.

I. Training Programs

1. Required Training - An employee who is required by his or her Department Head to attend a specified off-duty training course, shall, upon submission of receipts, receive reimbursement for the following: transportation cost where appropriate, cost of books, course registration and related expenses directly necessary for the successful completion of the course. If required training is necessary beyond the normal workday, workweek or work period, the employee shall be entitled to pay computed at the regular base hourly rate or overtime hourly rate, as applicable under the MOU, or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 7-D of this MOU.

2. Desirable Training - Desirable training is defined as an off-duty instruction that will be mutually and immediately beneficial to the employee and the City. Prior to enrolling in a class for desirable training, an employee wishing Resolution Number OCEA
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reimbursement for his or her expenses shall obtain the approval of the City Manager as to course content and its relationship to the employee's employment with the City as well as the recommendation of the Department Head. This approval is at the sole discretion of the City Manager. In the event the City Manager approves such request and the employee has received a grade of "C" or better or its equivalent grade point upon completion of the course, the employee shall submit a copy of the official transcript and a receipt for the tuition fee to the Personnel Office. Upon approval by the City Manager, the employee shall then be reimbursed for the cost of tuition and books in accordance with the tuition reimbursement policy adopted by the City. Employee shall not be entitled to either compensated overtime or compensatory time off for participating in desirable training or off-duty instruction.

Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year.

Example: Employee A attends California State University, Long Beach, for the Spring 2023 semester and completes 2 (3-unit)
undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
2022/2023 State University Tuition $1,665.00 (0-6 units) Required University Fees $ 546.00 (approx.)
Parking $ 250.00
Books $ 300.00 (approx.)
TOTAL $2,767.00

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J. Uniforms & Equipment/Uniform Allowance

Each Public Works Employee in the classification of Senior Water Operator or Water Operator who has received a Grade III Water Treatment Operator Certificate from the California Department of Health Services or Grade III Water Distribution Operator Certificate from the American Water Works Association will be entitled to receive $30 per payroll period.

Each Public Works employee required to hold a backflow prevention device tester certificate will be entitled to a one-time $100.00.

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L. Recertification Reimbursement - City to reimburse employees for required water re-certification.

M. Deferred Compensation Program - The City shall contribute 1% of base salary per pay period into a tax-qualified deferred compensation program for eligible employees.

N. Bilingual Compensation

D. Compensatory Time Off (CTO) - The maximum (cap) for banked CTO is 160 hours. CTO earned in excess of 160 hours will be paid as overtime during the pay period accrued.

SECTION 8: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
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A. Health Insurance Coverage

1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution. For calendar year 2023, CalPERS has established the minimum PEMHCA contribution at $ 151 per month per employee.

2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees.

For Employees only $ 1,053.52/month
For Employee and 1 dependent $ 1,628.04/month
For Employee and 2 or more dependents $ 2,105.37/month

4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for example, in calendar 2023, an employee’s monthly flex dollar allowance is $ 1,053.82. Of that amount, $151 has been designated by the City as its required PEMHCA contribution to CalPERS.

The monthly flex dollar allowance may only be used in accordance with the terms of the full flex cafeteria plan.

7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month.

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8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the full flex cafeteria plan.

B. Retirement Health Insurance

1. Employees covered by this Agreement shall have the option, upon retirement, to continue participation in the City's health insurance program at the employee's expense.

4. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree.

C. Life Insurance

2. Said insurance shall become effective after the employee has Resolution Number OCEA
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completed 30 days of uninterrupted service with said employee to be enrolled in the program on the first day of the next succeeding month.

D. Disability Insurance Plan

1. The City shall provide a group insurance plan for income continuation for eligible employees. Said insurance to provide an income continuation of

SECTION 10: HOURS OF WORK
A. Prior to implementing a change in work schedule for the Public Works Department from the 4 day schedule, Orange County Employees Association will be notified. Upon request, the City will meet and confer with the Association on the impact of any scheduled change.

B. At the discretion of the Department Head: Community Services Officer and Senior Community Services Officer positions may be scheduled in shifts of 9-hour 4 days each week and one additional 8 hour day on alternate weeks, referred to as the 9/80 plan, or may be scheduled in shifts of 10-hour 4 days each week, referred Resolution Number OCEA
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to as the 4/10 plan. Additionally, other non-sworn positions may be scheduled on the 5/8 plan to accommodate training sessions. At the discretion of the Department Head, Public Works Beach Division employees may be scheduled on a 5/8 work shift from May through September.

C. Holiday Closures

Hours Pay Rate
4 hours work pay Regular base hourly rate or overtime
hourly rate, as applicable under MOU
6 hours leave time Compensatory time, vacation, floating holiday, or combination thereof

5. Police Department Employees are excluded from Section 10C.

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SECTION 11: OVERTIME
A. Overtime and Call-Out Pay

3. Call out and overtime pay shall be paid at the rate of time and onehalf the hourly rate. Minimum "call out" time (when returning to work) shall be 2 hours.

Paid overtime for the payroll period is to be submitted and computed with the regular payroll.

B. Court Time

1. All eligible employees called for a subpoenaed court appearance which arises out of the course of employment and not contiguous with the employee’s work shift shall be compensated for a minimum of 2⅔ hours at the rate of 1½ times the employee’s regular hourly rate of pay. Should the appearance exceed 2⅔ hours, the employee shall receive pay for the actual appearance time, excluded court designated lunch period, at the rate of 1½ times the employee’s regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police Station to go directly to court.

2. Any appearance that is contiguous with a regular work shift is not subject to the 2⅔ minimum.

B. When a holiday falls on a Sunday, the next day shall be observed as a holiday. When a holiday falls on a Saturday, the preceding day shall be observed as a holiday.

C. When a holiday falls on a full-time employee’s regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU.

Example #1: Employee A normally works a 9/80 schedule, and a holiday falls on the employee’s Friday off, Employee A
would receive 8 hours of compensatory time off.

Example #2: Employee B normally works a 9/80 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, or
Thursday, Employee B would receive 9 hours of
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compensatory time off.

Example #3: Employee C normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10
hours of compensatory time off.

D. An employee who is required to work on a holiday shall receive pay computed at 1½ times the employees' basic hourly rate for the number of hours actually worked.

Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:

B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days.

C. Except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination.

D. Employees who are on leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

E. Sick leave balances may not be used to defer a disability retirement.

SECTION 14: VACATION TIME
A. All full-time employees covered by this MOU, who have passed the employee probationary period (as defined in the Personnel Rules and Resolution Number OCEA
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Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year.

C. The vacation accrual schedule is as follows:

E. Employees who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence.

F. All full-time employees shall only be allowed to accrue a maximum of 240 hours of vacation as set forth above. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee’s accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing.

I. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager.

J. An employee who has completed at least 1 year of continuous service shall, upon request, receive compensation for up to 80 hours of accrued vacation time provided that at least 80 hours remain in the employee’s vacation bank. Employees may elect two 40 hour cash outs or a single 80 hour cash out.

SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay

1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days.

2. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed 1 year.

3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted.

Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge.

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shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee's disability insurance plan, and life insurance plan for the first 30 days of leave of absence.

C. Military Leave of Absence

3. After the first 3 months of military leave, the employee may continue said benefits at his cost.

D. Pregnancy Disability Leave of Absence

2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay.

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