Agenda packet — Tulare City Council, November 21, 2023 (part 1 of 2)

City of Tulare Page 1
City of Tulare
City Council
Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, November 21, 2023
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Attending and Participating in Meetings
Regular Council meetings are held on the first and third Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation. Additional meetings of the City Council may be called as needed.

Attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, call (559) 366-1849 during Public Comments and/or Public Hearing and General Business items. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute device used for viewing the meeting.

City of Tulare YouTube Channel:
https://www.youtube.com/channel/UCdWZiv2o7do1JY0OvGe1_aw/videos Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov and available for viewing at the entrance of the Council Chamber.

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Public Comments portion of the meeting.
• When invited by the mayor to speak, please step up to the podium, state your name and city of residence, and make your comments. Comments are limited to three minutes per speaker.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Regular Meeting November 21, 2023 City of Tulare Page 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - John Maher, Pastor of Calvary Chapel Tulare, to deliver invocation.

3. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of 15 minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

4. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

5. COUNCIL REPORTS AND ITEMS OF INTEREST

6. CONSENT CALENDAR - All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

6.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances by waived.

6.2 Special and/or Regular Meeting Minutes of November 7, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

6.3 Conditional Acceptance of Tentative Parcel Map No. 2022-06 for the Fulton Estates Development.

6.4 Data Backup Replacement.

6.5 Tulare Local Road Safety Plan 2023.

Recommended Action: Adopt a resolution adopting the Tulare Local Road Safety Plan 2023 prepared by Peters Engineering Group on behalf of the City. [M. Miller]

6.6 Tulare Cares Temporary Encampment Revised Rules and Regulations.

6.7 Fire Department Memoranda of Understanding.

Recommended Action: Approve the enclosed MOUs for Division Chief Group, NonManagement Bargaining Group, and Management Bargaining Group. [M. Zamora]

6.8 Motorcycle Radios Purchase.

6.9 Contract Amendment with Peters Engineering Group related to design services for Project EN0093.

7. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

7.1 Appointment to Selection Committee for the Operator of the Tulare Emergency Homeless Shelter.

Recommended Action: Appoint one councilmember to serve on an ad hoc selection committee for an operator of the City’s planned Tulare Emergency Homeless Shelter. [J. Glick]

7.2 Nomination of Candidate for the SJVAPCD Governing Board.

8. FUTURE AGENDA ITEMS - NONE SUBMITTED

9. STAFF UPDATES

10. ADJOURNMENT
City Council Agenda – Regular Meeting November 21, 2023 City of Tulare Page 4
The next regularly scheduled meeting of the Tulare City Council is Tuesday, December 5, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Thursday, November 16, 2023
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: November 21, 2023 Agenda Memo
Date: November 16, 2023
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public. 7:00 p.m. - REGULAR MEETING

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - John Maher, Pastor of Calvary Chapel Tulare, to deliver invocation.

4. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:20- 7:20 p.m.]

5. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:20-7:25 p.m.]

6.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

6.2 Special and/or Regular Meeting Minutes of November 7, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

6.3 Conditional Acceptance of Tentative Parcel Map No. 2022-06 for the Fulton Estates Development.

Recommended Action: Conditionally approve tentative parcel map No. 2022-06 for the Fulton Estates development project and accept all easements and dedications offered to the City, subject to receipt of the signed parcel map, all fees, and other required items prior to January 20, 2024. [M. Miller]
Summary: The Tulare Parcel Map Committee adopted Resolution No. 848 on January 30, 2023, approving Tentative Parcel Map No. 2022-06 for the Fulton Estate development located on the northwest corner of Hwy 137 (Tulare Avenue) and Oakmore Road. The overall project comprises approximately 37 acres. The proposed parcel map will create four parcels for residential use to be further subdivided at a later date as phases of the Fulton Estates subdivision, and one remainder lot that is zoned for commercial development.

To expedite the parcel map approval process, the developer is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60 days. Such requests for conditional approval have routinely been accommodated.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.

Alternative Action: 1) Approve with changes – Changes would result in a delay to the project schedule; 2) Deny – Construction of the proposed residential development would likely not move forward; or 3) Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

6.4 Data Backup Replacement.

Recommended Action: Authorize the City Manager to enter into a three-year service and equipment contract with ePlus Technology, Inc., of Rocklin, to purchase Rubrik data protection equipment, support, maintenance, and off-site backup storage piggybacking the National Association of State Procurement Officials (NASPO) master contract; and authorize the prepayment of the entire three years not to exceed $83,409.12. [J. Bowling]
Summary: Information Technology (IT) maintains data protection and backup systems designed to minimize risk to the City in the event of data loss due to system failure. These could come from system corruptions, user error, or catastrophic system Tulare City Council Page 3
Agenda Memo - November 21, 2023
or data center failure. The current systems in place provide basic backup services, have been in operation for many years, and have provided a consistent basic level of protection. Data protection technologies continue to improve, and cybersecurity risks continue to increase. Local government agencies continue to be targeted. Included in the 2023 Capital Budget is Project IT2023-01 Disaster Recovery with a project budget of $175,000. This item is the first step towards full cloud-based disaster recovery services.

IT staff evaluated the existing backup solution and developed a list of operational requirements for the new system. Primary objectives identified include: a hardened purpose-built on-site appliance, a cloud-based immutable archive, ability to recover from ransomware, and the ability grow to a complete cloud-based software as a service (SaaS) disaster recovery service for catastrophic failure.

Staff performed research across the industry seeking solutions to meet these goals.

The team utilized analysis from other California cities and other organizations along with reviewing technical documentation, participating in product demonstrations, and interviewing technical staff from other agencies to identify the best solution. After evaluating several alternatives and collaborating with staff from other agencies, the proposed solution was identified. The proposed solution will provide immutable system copies for a minimum of 30 days onsite and will also send encrypted data to the cloud daily to protect against ransomware threats and physical disasters affecting the City’s data centers. Rubrik hardware and services, additional servers, and thirdparty cloud storage was identified as the best fit and best value for the City.

The Rubrik solution is offered on existing competitively bid state and national contract that allow local agencies to piggyback on these contracts.

Fiscal Impact & Funding Source(s): Included in the 2023 Capital Budget is Project IT2023-01 Disaster Recovery with a project budget of $175,000. Proposed costs are $75,826.48, the total requested amount includes a 10% contingency fee.

The Information Technology industry is quickly evolving from a one-time capital costs model to a software as a service (SaaS) model. The result is lower upfront costs, but higher recurring costs. The proposed contract consists of $16,000 of hardware costs and $50,000 of recurring costs covering 3 years. Upon completion of three years, the current environment will be reviewed, and a determination will be made to either extend services or replace the system with a new alternate solution.

Legal Review: Not applicable. The proposed action is a purchase, not a contract.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

6.5 Tulare Local Road Safety Plan 2023.

Recommended Action: Adopt a resolution adopting the Tulare Local Road Safety Plan 2023 prepared by Peters Engineering Group on behalf of the City. [M. Miller] Summary: Federal regulations require each State to have a Strategic Highway Safety Plan (SHSP). An SHSP is a statewide data-driven traffic safety plan that coordinates Tulare City Council Page 4
Agenda Memo - November 21, 2023
the efforts of a wide range of organizations to reduce traffic accident fatalities and serious injuries on all public roads. In coordination with federal, state, local and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis (or challenge) areas. The SHSP address the 4Es of traffic safety: Engineering, Enforcement, Education, and Emergency Services.

While the SHSP is used as a statewide approach for improving roadway safety, a Local Road Safety Plan (LRSP) can be a means for providing local and rural road owners with an opportunity to address unique roadway safety needs in their jurisdictions while contributing to the success of the SHSP. The process of preparing an LRSP creates a framework to systematically identify and analyze safety problems and recommend safety improvements. Preparing an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan. The LRSP offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges.

An LRSP provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads. The process of developing an LRSP can be tailored to local protocols, needs, and issues. To be eligible to apply for grant funding through the Highway Safety Improvement Program, a local agency must have an LRSP.

On March 1, 2022, Council awarded a professional services contract to Peters Engineering Group of Clovis, CA to prepare a LRSP for the City of Tulare. Peters Engineering Group conducted a detailed review of traffic safety data and roadway conditions for the City. The results were compiled, and their initial findings and recommendations were presented to City Council in conjunction with a public held on November 15, 2022. Feedback received from City Council and community stakeholders during that public hearing, along with online survey responses received for a period of several months afterward, was utilized to affirm stakeholder support and establish priorities of proposed improvements identified in the final draft of the LRSP.

Formal adoption of the Tulare Local Road Safety Plan 2023 is necessary to close out the process and ensure that the City is eligible to pursue grant funding through the Highway Safety Improvement Program for projects identified in the Plan.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: None required at this time.

Alternative Action: 1) Approve with changes – Staff would direct Peters Engineering Group to incorporate any requested changes into a revised final version of the Tulare Local Road Safety Plan 2023. Additional project costs would be incurred; 2) Deny – Without an adopted Local Road Safety Plan, they City would be unable to pursue grant funding for roadway safety projects in the City; or 3) Table – No significant impact.

Tulare City Council Page 5
Agenda Memo - November 21, 2023

6.6 Tulare Cares Temporary Encampment Revised Rules and Regulations.

Recommended Action: Approve the Tulare Cares Temporary Encampment Revised Rules and Regulations included as Attachment 1 and direct staff to utilize them in association with the operations of the Tulare Cares Temporary Encampment Rules and Regulations. [J. Glick]
Summary: On September 20, 2022, City Council approved the purchase of property located at the northeast corner of Walnut Ave and O Street in Tulare (APN 181-070- 062) in the amount of $360,000.00 for the use as a temporary homeless encampment.

On October 18, 2022, City Council received a staff presentation regarding the general operational parameters for the temporary encampment and directed staff to move proceed with preparing Operating Guidelines.

On November 15, 2022, City Council approved a contract with AAA security for the temporary encampment not to exceed $141,480.00.

On January 17, 2023, City Council approved the operational guidelines for the Tulare Cares Temporary Encampment.

The Tulare Cares Temporary Encampment is a City of Tulare-sponsored area intended to increase the safety and health of individuals in our community experiencing homelessness. We opened the Tulare Cares Temporary Encampment on January 25, 2023, to a large number of guests and the population continues to increase each passing week. As of November 1, 2023, there are 160 guests at the Temporary Encampment.

As the guest population continues to grow, additional situations and issues have arisen, which has necessitated some additions and revisions to the operational guidelines that were approved by the Council on January 17 and more revisions were approved on March 7 of this year. The following items have been added to the Temporary Encampment Operational Plan and additional updates to the Rules and Regulations.
• New guests are required to give staff a full name and a date of birth to help verify Tulare residency. A new guest must have Tulare residency over the past two years.
• Check-in hours are Monday through Friday from 9:00 a.m. to Noon, with variances allowed for those who work or have other verifiable appointments. • One meal per day offered as coordinated by Salt and Light. • On-Site Security Guard (Daily from 6:00 p.m. to 5:00 a.m.). • Tulare Parks and Recreation monitoring and full-time staffing. • Within 96 hours of the initial intake, City staff will alert an available Case Manager to conduct outreach and attempt a full assessment and enrollment into Tulare City Council Page 6
Agenda Memo - November 21, 2023
the Coordinated Entry System Enrollment. Assignment in this regional system is the first step for someone to receive ERF case management and housing navigation services.
• Parks and Recreation staff will complete an intake packet which captures personal information, provides an overview of facility guidelines, and establishes appropriate permission for information sharing between the City and third-party organizations.
• A limit of one service animal or companion pet will be accommodated per campsite. Guests are expected to keep their pet secure at all times and will also be expected to clean up after their animals. In addition, owners of loose animals may be subject to a termination of access.
• Vehicles are limited to one per campsite per occupant. Overnight parking permits for guests will be issued for vehicles parked inside the temporary encampment parking lot. Sleeping overnight at the temporary encampment parking lot is prohibited.
• Fires are restricted to designated barbecue grills only. Wood and charcoal are the only acceptable items allowed to burn in designated barbecues. No burning of trash or debris is allowed.
• Termination of Access:

The City of Tulare believes that everyone deserves the opportunity to live in a safe and comfortable environment. Living in a community presents certain challenges and safety needs to be priority. The following procedures should be followed when a participant needs to have their access terminated from the facility/property.

If any of the following behaviors are present, the City of Tulare staff should conduct an investigation to determine if there is a need to conclude services of a participant and terminate access:
• Threats of acts of violence
• Verbal abuse, discrimination, harassment, and/or intimidation • Theft
• Defacing or destroying property
• Illegal activities on or near the facility/property
• Use of illegal drugs
• Repeated reminders (verbal or written notices) of our guidelines While the investigation is being conducted, if the participant needs to move to a different tent, City of Tulare staff on duty should make this accommodation.

City of Tulare staff will have reasonable time to investigate the incident. Once all information has been identified, City of Tulare staff will come together and make Tulare City Council Page 7
Agenda Memo - November 21, 2023
a decision to terminate access of the participant or what the consequences will be. No participant’s access shall be terminated immediately unless the Tulare Police Department is involved and deemed it necessary to keep other participants safe.

The City of Tulare staff will have a reasonable amount of time to make a determination on the appeal, but typically within ten days.

The complete document is included as Attachment 1 to this staff report for City Council review. Staff recommends approval of the revised Tulare Cares Temporary Encampment Operations Addendum No. 1.

Fiscal Impact & Funding Source(s): A variety of funding sources will be utilized to operate and service the facility.

Legal Review: The Tulare Cares Temporary Encampment Operations Addendum No. 1 has been reviewed by the City Attorney.

Alternative Action: 1) Approve with changes – Modify the Operating Guidelines and direct staff to implement the document inclusive of the revisions; 2) Deny – Do not move forward with approving the Operating Guidelines Amendment and cease to support establishment and operation of the temporary encampment; or 3) Table – Direct staff to research additional material associated with Operating Guidelines and return with the results, which would delay the opening of the temporary encampment.

6.7 Fire Department Memoranda of Understanding.

Recommended Action: Approve the enclosed MOUs for Division Chief Group, NonManagement Bargaining Group, and Management Bargaining Group. [M. Zamora] Summary: The City has been in negotiations with the three groups for the Fire Department. Below is a summary of the major changes in the MOUs:

1. Salary:

Division Chiefs (1 year term) - 4% for FY2023-2024
Management (2 year term) - 9% for FY2023-2024 and 9% for FY2024-2025 Non-management (2 year term) - 10% for FY2023-2024 and 11% for FY2024- 2025

2. 2 hours of straight time to members of the Investigations Unit for every day on stand-by when off duty and not called in to investigation an incident.

3. 5% specialty pay for those members who are assigned to the Investigations Unit at the discretion of and approval from the Fire Chief.

4. 5% specialty pay for those members who maintain their paramedic certification at the discretion of and approval from the Fire Chief.

Tulare City Council Page 8
Agenda Memo - November 21, 2023

5. A future worker’s compensation carve out program to be discussed at a later date by the parties.

6. Various other operational changes as suggested by the Fire Chief.

Fiscal Impact & Funding Source(s): Estimated fiscal impact for Management and Non-Management is $900,000 this FY. Estimated fiscal impact for Division Chiefs is $77,000 this FY. The source of both is the General Fund.

Legal Review: The City Attorney has reviewed and drafted the enclosed MOUs.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

6.8 Motorcycle Radios Purchase.

Recommended Action: Approve the purchase of four APX 8500 Series Motorcycle Radios and accessories from J’s Communications of Fresno, CA using the quote # 2366968 in the amount of $27,807.02. [D. Hastings]
Summary: When the current BMW motorcycles were purchased in 2017, the radios were switched from hard-mounted radios, like in the patrol vehicles, to a handheld, 3- way Bluetooth radio technology. This radio system is based from the officer’s regular handheld radios, which then communicates with an aftermarket computer module on the motorcycle and another module inside the officer’s helmet. However, this technology is not 100% reliable. Many times throughout the workday, the Bluetooth link will fail and become disconnected without the officer’s knowledge. This causes an officer safety issue because the officer cannot get in touch with TPD dispatch and vice-versa. This occurred during a pursuit as recent as November 10, 2023. In July 2023, all four of the current Bluetooth systems were sent to the manufacturer for repairs and testing. The company advised all systems were found to be in working order. However, to this date, this technology continues to fail many times throughout the workday causing a major officer safety issue. This is an unforeseen circumstance and could not be budgeted for in advance.

Fiscal Impact & Funding Source(s): Funding for the purchase of the radios will come from the Fleet Replacement Funds for Police in Fund 604. For future radios, the cost will be included in the budget for the purchase of the new motorcycles, similar to how the radios are funded for patrol units.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

6.9 Contract Amendment with Peters Engineering Group related to design services for Project EN0093.

Recommended Action: Approve and authorize the City Manager to sign a contract amendment in the amount of $60,000 with Peters Engineering Group for additional design services related to City Project EN0093 – Prosperity Avenue / “J” Street RR Crossing Improvements, a traffic safety improvement project to improve the UPRR crossing of Prosperity Avenue and adjacent traffic signal at “J” Street; and authorize Tulare City Council Page 9
Agenda Memo - November 21, 2023
the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [M. Miller]
Summary: The Department of Transportation Federal Railroad Administration (FRA) put forth a Notice of Funding Opportunity (NOFO) for grant funding under the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program. This program provides funding for safety enhancements and general infrastructure improvements to passenger and freight railroads for grade crossing enhancements, rail line relocations and improvements, and deployment of railroad safety technology.

The maximum Federal share of the total costs of CRISI projects, including preliminary engineering, final design, and construction, is 80%. The remainder of the funding may come from public or private sector funds. Eligible applicants include states, other cities, rail carriers such as Amtrak, railroads, university researchers, and non-profit labor organizations representing rail carriers and rail contractors. The total available funding is $311,772,500, with no minimum or maximum award amount.

On June 16, 2020, the City Council adopted Resolution 2020-31, which authorized City staff to submit an application for pedestrian and vehicle safety enhancements to the intersection of Prosperity Avenue and “J” Street. This intersection has experienced 60 reported collisions over the past 5 years, with 18 injuries and 1 fatality. The short distance on Prosperity Avenue between the intersection and the Union Pacific railroad tracks, combined with a permissive left-turn traffic movement for east-west traffic that requires drivers to yield to oncoming traffic and pedestrians, makes the current intersection configuration susceptible to a higher rate of collisions. Furthermore, the railroad crossing does not currently provide for ADA compliant pedestrian travel across the railroad tracks. The nominated project proposes to install a pre-signal on Prosperity Avenue west of the railroad tracks, and to upgrade the intersection traffic signal to provide a protected left-turn movement for the east-west traffic on Prosperity Avenue. Upgrades to the rail crossing infrastructure and traffic signal infrastructure are required, as well as new pedestrian facilities such as asphalt concrete walkways, extensions of the concrete panels for both sets of railroad tracks, and ADA upgrades to existing pedestrian ramps. New striping and minor pavement improvements are also proposed. The estimated project cost was $2,800,095, and the grant application identified the maximum allowable grant contribution of 80%, requiring a 20% local match by the City.

On September 23, 2020, that City received notification that it had been selected to receive grant funding in an amount up to $2,240,077 to complete the proposed project. Since that time, Staff has worked with the FRA and the Union Pacific Railroad to finalize the necessary agreements and prepare them for approval.

On March 2, 2021, the City Council approved a contract with Peters Engineering Group in the amount of $89,945 for design services on the project. This work has been performed on a time and material basis in accordance with an existing on-call consultant agreement for engineering services. Design of the improvements has been subject to the review of representatives of the Union Pacific Railroad (UPRR) and the California Public Utilities Commission. Significant revisions and additions affecting the original scope and complexity of the improvements. As a result, Peters Engineering Tulare City Council Page 10
Agenda Memo - November 21, 2023
Group has expended substantial additional effort on design revisions. Peters Engineering Group has worked closely with city staff in an effort to minimize the additional costs associated with the extended project schedule, however, they have estimated the need for up to an additional $60,000 to complete the design phase of the project.

Fiscal Impact & Funding Source(s): Additional costs associated with the proposed contract amendment will be funded from Fund 122 Gas Tax (RMRA) SB1 - $60,000.

Legal Review: None required at this time.

Alternative Action: 1) Approve with changes – Staff would be required to negotiate any proposed changes with Peters Engineering Group; 2) Deny – Project EN0093 would not be able to proceed without completion of the design phase; or 3) Table – Delay resulting from the City’s failure to act on the proposed contract amendment could jeopardize the City’s ability to meet project delivery requirements of the grant received through the CRISI Program.

7. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council. [Time Estimate: 7:30-8:00 p.m.]

7.1 Appointment to Selection Committee for the Operator of the Tulare Emergency Homeless Shelter.

Recommended Action: Appoint one councilmember to serve on an ad hoc selection committee for an operator of the City’s planned Tulare Emergency Homeless Shelter. [J. Glick]
Summary: Per direction provided by the City Council at the November 7 meeting, the City intends to issue a Request for Proposal (RFP) to firms interested in serving as the operator of the City’s planned Tulare Emergency Homeless Shelter. The City has posted a draft RFP for initial feedback from firms that may be interested in submitting a proposal to provide these services.

City staff requests that one councilmember be appointed to serve on the selection committee. Staff recommends that the selection committee be comprised of the following individuals:
• Jason Glick Community Services Director
• Michael Miller Tulare City Engineer
• Mario Anaya Community Development Director
• Anita Ortiz Tulare County HHSA (TBD)
• Tulare City Councilmember (TBD)
Once a firm has been selected, City staff will negotiate the terms of an agreement which is anticipated to be presented to City Council by March 5, 2024, followed by contract negotiation. The date range for the operator RFP schedule is as follows:

Tulare City Council Page 11
Agenda Memo - November 21, 2023
Item Date
Issue Final RFP December 8, 2023
Final Question Deadline December 15, 2023
Proposals Due January 12, 2024
Review Proposals January 25, 2024
Interviews (if required) February 2, 2024
Committee Recommendation February 9, 2024
Fiscal Impact & Funding Source(s): A variety of funding sources will be utilized to operate and service the facility. Specific funding sources will be identified subsequent to identification and commitment of funding sources for the construction of the facility itself.

Legal Review: None required.

Alternative Action: 1) Approve with changes – Modify the section options and direct staff to implement with revisions; 2) Deny – Do not move forward with approving with a Tulare City Council member to serve on the selection committee for the Emergency Homeless Shelter; or 3) Table – Direct staff to research additional options for an individual to serve on the selection committee for the operator for the Emergency Homeless Shelter.

7.2 Nomination of Candidate for the SJVAPCD Governing Board.

Recommended Action: Adopt a resolution nominating Visalia Councilmember Elizabeth Wynn for consideration by the Special City Selection Committee for appointment to the San Joaquin Valley Air Pollution Control District Governing Board. [M. Hermann]
Summary: There is currently a vacancy on the San Joaquin Valley Air Pollution Control District (District) Governing Board that must be filled by a city representative from a “large” city, having a population of 100,000 or more, within Tulare County.

Pursuant to the Health and Safety Code Section 40600.5, appointments to the District Governing Board will be made by the San Joaquin Valley Special City Selection Committee (Committee). According to the procedures adopted by the Committee, the next step in the appointment process is for all cities within Tulare County to select a candidate from the applicants for the vacant position.

Per the procedures adopted by the Valleywide Special City Selection Committee, the City Council must hold a vote to either nominate the applicant to the Committee for appointment to the District Governing Board or reject the applicant. Attached is a copy of the candidate’s application.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

Tulare City Council Page 12
Agenda Memo - November 21, 2023
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 8:00-8:00 p.m.]

9. STAFF UPDATES [Time Estimate: 8:00-8:05 p.m.]

10. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, December 5, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, November 7, 2023
6:00 p.m. - Special Meeting
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Assistant Finance Director Melanie Gaboardi; City Engineer Michael Miller; Streets Manager Gonzalo Ramirez; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila; Community Development
Director Mario Anaya; Executive Director of Economic
Development and Redevelopment Traci Myers; Chief
Technology Officer Jason Bowling
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

1. CALL TO ORDER SPECIAL MEETING
Mayor Sayre called the special meeting of the City Council to order at 6:02 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Homeless Shelter Review and Discussion.

Recommended Action: Review and discuss details of the future homeless shelter and provide direction to staff thereto.

Presented By: Community Services Director Jason Glick; City Engineer Michael Miller; City Manager Marc Mondell
Public Comment: Adrianne Hillman provided insight in the possible cost of operating the homeless shelter.

Council Action: It was the consensus of Council to have staff issue a Request for Proposals for the shelter operator and order the modular units. Council also requested staff provide updates throughout the process.

3. ADJOURN SPECIAL MEETING
The special meeting was adjourned at 7:14 p.m.

Item #: 6.2
Consent
City Council Meeting Minutes November 7, 2023
City of Tulare Page 2

4. CALL TO ORDER REGULAR MEETING
Mayor Sayre called the regular meeting of the City Council to order at 7:25 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Harrell led the Pledge of Allegiance, and an invocation was given by Aaron Talbot, Pastor of First Church of God.

6. PROCLAMATIONS & RECOGNITIONS

6.1 Recognition of Frank’s Automotive Repair.

7. PUBLIC COMMENTS
The following provided public comment: Donnette Silva-Carter regarding upcoming Chamber events and Janet Lebaron expressed support of the direction of the homeless shelter.

8. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.

9. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

It was the consensus of Council to hear Item 11.2 following Council Reports and Items of Interest.

10. CONSENT CALENDAR
Items 10.10, 10.11, and 10.12 were removed from the Consent Calendar by Council.

It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and unanimously carried to approve the items on the Consent Calendar as presented except for items 10.10, 10.11, and 10.12.

10.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

10.2 Special and/or Regular Meeting Minutes of October 17, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

10.3 Notice of Completion – EN0084 Pleasant Avenue Improvements Project.

Recommended Action: Accept as complete the contract with Dawson-Mauldin, LLC. of Selma, CA for work on Project EN0084 – Pleasant Avenue Improvements, a street and utility improvement project on Pleasant Avenue between Enterprise Street and North “H” Street; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller] City Council Meeting Minutes November 7, 2023
City of Tulare Page 3

10.4 Contract Amendment with QK, Inc. for Project EN0094.

Recommended Action: Approve and authorize the City Manager to sign a contract amendment in the amount of $12,750 with QK, Inc. for additional Labor Compliance services related to City Project EN0094 – Sycamore/San Joaquin Improvements, a street and utility improvement project between “O” Street and Blackstone Street, and between Tulare Avenue and San Joaquin Avenue; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [M. Miller]

10.5 Parcel Map Conditional Acceptance – Cartmill Commons.

Recommended Action: Conditionally approve the parcel map for Cartmill Commons, and accept all easements and dedications offered to the City, subject to receipt of the signed parcel map, all fees, and other required items prior to January 6, 2024. [M. Miller]

10.6 Orchard 79 Oversize Reimbursement.

Recommended Action: Authorize the City Manager to execute an oversized construction reimbursement agreement with Orchard 79, LLC for regional storm drainage and Mooney Boulevard street improvement costs that were conditionally required by the City for the Orchard 79 (a.k.a. Fernjo Estates) subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]

10.7 Quitclaim Deed Rights to Ditch Easements.

Recommended Action: Approve Quitclaim Deed for Ditch and Canal Easement recorded on August 20, 1946, in Book 1185, at Paige 2665 of Official County Records, in the City of Tulare, County of Tulare, State of California to SFT Capital LP, a California Limited Partnership. Authorize the City Manager to sign the respective Certificate of Conveyance. [M. Miller]

10.8 Little Caesars Deferred Improvement Agreement Drive Aisle.

Recommended Action: Approve a short-term deferred improvement agreement with Gussan Shedid, to defer the construction of a drive aisle connecting the developer’s parcel with the parcel to the south associated with the Little Caesars development. [M. Miller]

10.9 Letters of Support for Caltrans ITIP Programming.

Recommended Action: Authorize the mayor to sign letters of support for the inclusion of improvements to segments of State Route 99 between Delano and Pixley in Tulare County, and between Avenues 7 and 12 and Avenues 17 and 21 in Madera County, in the 2024 Interregional Transportation Improvement Program (ITIP). [M. Miller]

10.13 ERP Consultant Contract.

Recommended Action: Approve on-call professional services contract with ClientFirst Consulting of Corona, CA, for ERP implementation services subject to only minor, conforming and clarifying changes acceptable to the City Attorney and City Manager for a maximum 5 years and a maximum total contract value of $550,000 based on piggyback contract with the City of Carlsbad. [J. Bowling] City Council Meeting Minutes November 7, 2023
City of Tulare Page 4

10.14 Citizens Option for Public Safety 2023/2024 Program Funds.

Recommended Action: Adopt a resolution approving the acceptance and appropriation of Citizens Option for Public Safety (COPS) 2023/2024 Program funds from the State of California in the amount of $108,335 to be used to fund one police officer position. [F. Ynclan]

10.15 CALAW4 Base Station Radio Purchase.

Recommended Action: Authorize the purchase of CALAW4 Base Station Radio and accessories from Motorola Solutions Inc., utilizing Los Angeles County Contract 18105 MA-IS-2240228, for a total cost of $8,944.98. [F. Ynclan]

10.16 City Manager Employment Agreement Amendment.

Recommended Action: Approve an amendment to City Manager Marc Mondell’s employment agreement. [M. Zamora]

PULLED CONSENT CALENDAR ITEMS

10.10 Quarterly Projects Dashboard.

Recommended Action: Accept the Quarterly Projects Dashboard for Quarter 1 of Fiscal Year 2023/2024. [M. Miller]
Council Action: Councilmember Sigala pulled this item for clarification.

Following discussion, it was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

10.11 Full-Time Contracted Position at the Tulare Cares Temporary Encampment.

Recommended Action: Approve one full-time allocated Contract position - Homeless Prevention Coordinator - to staff the Tulare Cares Temporary Encampment. [J. Glick]
Council Action: Councilmember Sigala pulled this item to express his desire to have this position not be an “at-will” position. Following discussion, it was moved by Vice Mayor Isherwood and seconded by Councilmember Harrell to approve the item as presented. Mayor Sayre called for a roll call vote.

AYES: Vice Mayor Isherwood, Councilmember Harrell,
Councilmember Mederos, Mayor Sayre
NOES: Councilmember Sigala
RESULT: Motion Passed 4-1

10.12 Copy Machine Replacement.

Recommended Action: Approve piggyback lease and maintenance agreements through the County of Shasta and authorize the City Manager to sign 72-month agreements with UBEO, formerly Ray Morgan Company, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager for all City photocopy machines (21 total), excluding four copiers covered under a separate 2022 agreement. [J. Bowling]
Council Action: Councilmember Mederos pulled this item to address contract language. Assistant City Manager Josh McDonnell advised those items have been addressed. Following discussion, it was moved by Councilmember City Council Meeting Minutes November 7, 2023
City of Tulare Page 5
Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

11. GENERAL BUSINESS

11.1 Bid Results for Project EN0095 – Academy & Apricot Improvements.

Recommended Action: Review the construction bid results received for Capital Improvement Project No. EN0095 – Academy and Apricot Improvements and provide direction to staff as to how to proceed.

Presented By: City Engineer Michael Miller
Public Comment: None
Council Action: It was moved by Councilmember Mederos, seconded by Mayor Sayre, and unanimously carried to reject all bids with the intention of the project being rebid in the spring.

11.2 Informational Item - Group Homes.

Recommended Action: Receive information on zoning and local policies in regard to group homes.

Presented By: Community Development Director Mario Anaya Public Comment: Sabrina Roche, Mandy Cordeniz, Frank Roche, Matt Parreira, and Matt Everett expressed concern over approval of transitional housing in their neighborhood. Steve Celentano also expressed concerns over these types of homes in Tulare. Silvia Moreno expressed concern over comments made regarding transitional housing as she was in support of them.

Council Action: Informational item; no action taken. Staff will research and provide information in response to questions posed by the Council.

12. FUTURE AGENDA ITEMS - NONE SUBMITTED

13. STAFF UPDATES
Staff provided updates on department activities.

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

14.1 Conference with Real Property Negotiations (Govt. Code § 54956.8) Property: 144 North K Street
Agency Negotiation: Marc Mondell, Mario U. Zamora, Josh McDonnell, Traci Myers
Negotiating Parties: Sporos Enterprises, LLC
Under Negotiations: Price and terms of payment
Council recessed to closed session at 9:29 p.m.

Council reconvened from closed session at 10:33 p.m.

City Attorney Mario Zamora advised there was no reportable action.

City Council Meeting Minutes November 7, 2023
City of Tulare Page 6

15. ADJOURN REGULAR MEETING
The regular meeting was adjourned at 10:33 p.m.

Approved by Council: November 21, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: November 21, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Conditional Acceptance of Tentative Parcel Map No. 2022-06 for the Fulton Estates Development

RECOMMENDED ACTION
Conditionally approve tentative parcel map No. 2022-06 for the Fulton Estates development project and accept all easements and dedications offered to the City, subject to receipt of the signed parcel map, all fees, and other required items prior to January 20, 2024.

SUMMARY
The Tulare Parcel Map Committee adopted Resolution No. 848 on January 30, 2023, approving Tentative Parcel Map No. 2022-06 for the Fulton Estate development located on the northwest corner of Hwy 137 (Tulare Avenue) and Oakmore Road. The overall project comprises approximately 37 acres. The proposed parcel map will create four parcels for residential use to be further subdivided at a later date as phases of the Fulton Estates subdivision, and one remainder lot that is zoned for commercial development.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.

ALTERNATIVE ACTION

1. Approve with changes – Changes would result in a delay to the project schedule.

2. Deny – Construction of the proposed residential development would likely not move forward.

3. Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

ATTACHMENTS

1. Tulare Parcel Map Committee Resolution No. 848

2. Tentative Parcel Map No. 2022-06 Exhibit
Reviewed/Approved:

Item #: 6.3
Consent

6.3 Consent Page 1

6.3 Consent Page 2 ATTACHMENT 1

6.3 Consent Page 3

6.3 Consent Page 4

6.3 Consent Page 5

6.3 Consent Page 6

6.3 Consent Page 7

6.3 Consent Page 8

6.3 Consent Page 9

6.3 Consent Page 10

6.3 Consent Page 11

6.3 Consent Page 12

6.3 Consent Page 13

6.3 Consent Page 14

6.3 Consent Page 15

6.3 Consent Page 16 ATTACHMENT 2
Staff Report
Meeting: City Council
Date: November 21, 2023
Department: Information Technology Services
Submitted by: Chief Technology Officer Jason Bowling
Agenda Title: Data Backup Replacement

RECOMMENDED ACTION
Authorize the City Manager to enter into a three-year service and equipment contract with ePlus Technology, Inc., of Rocklin, to purchase Rubrik data protection equipment, support, maintenance, and off-site backup storage piggybacking the National Association of State Procurement Officials (NASPO) master contract; and authorize the prepayment of the entire three years not to exceed $83,409.12.

SUMMARY
Information Technology (IT) maintains data protection and backup systems designed to minimize risk to the City in the event of data loss due to system failure. These could come from system corruptions, user error, or catastrophic system or data center failure. The current systems in place provide basic backup services, have been in operation for many years, and have provided a consistent basic level of protection. Data protection technologies continue to improve, and cybersecurity risks continue to increase. Local government agencies continue to be targeted. Included in the 2023 Capital Budget is Project IT2023-01 Disaster Recovery with a project budget of $175,000. This item is the first step towards full cloud-based disaster recovery services.

Staff performed research across the industry seeking solutions to meet these goals. The team utilized analysis from other California cities and other organizations along with reviewing technical documentation, participating in product demonstrations, and interviewing technical staff from other agencies to identify the best solution. After evaluating several alternatives and collaborating with staff from other agencies, the proposed solution was identified. The proposed solution will provide immutable system copies for a minimum of 30 days onsite and will also send encrypted data to the cloud daily to protect against ransomware threats and physical disasters affecting the City’s data centers. Rubrik hardware and services, additional servers, and third-party cloud storage was identified as the best fit and best value for the City.

The Rubrik solution is offered on existing competitively bid state and national contract that allow local agencies to piggyback on these contracts.

Item #: 6.4
Consent

6.4 Consent Page 1

FISCAL IMPACT & FUNDING SOURCE(S)
Included in the 2023 Capital Budget is Project IT2023-01 Disaster Recovery with a project budget of $175,000. Proposed costs are $75,826.48, the total requested amount includes a 10% contingency fee.

LEGAL REVIEW
Not applicable. The proposed action is a purchase, not a contract.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

6.4 Consent Page 2
Staff Report
Meeting: City Council
Date: November 21, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Tulare Local Road Safety Plan 2023

RECOMMENDED ACTION
Adopt a resolution adopting the Tulare Local Road Safety Plan 2023 prepared by Peters Engineering Group on behalf of the City.

SUMMARY
Federal regulations require each State to have a Strategic Highway Safety Plan (SHSP). An SHSP is a statewide data-driven traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accident fatalities and serious injuries on all public roads. In coordination with federal, state, local and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis (or challenge) areas. The SHSP address the 4Es of traffic safety: Engineering, Enforcement, Education, and Emergency Services.

Preparing an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan. The LRSP offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges.

Item #: 6.5
Consent

6.5 Consent Page 1
Formal adoption of the Tulare Local Road Safety Plan 2023 is necessary to close out the process and ensure that the City is eligible to pursue grant funding through the Highway Safety Improvement Program for projects identified in the Plan.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
None required at this time.

ALTERNATIVE ACTION

1. Approve with changes – Staff would direct Peters Engineering Group to incorporate any requested changes into a revised final version of the Tulare Local Road Safety Plan 2023.

Additional project costs would be incurred.

2. Deny – Without an adopted Local Road Safety Plan, they City would be unable to pursue grant funding for roadway safety projects in the City.

3. Table – No significant impact.

ATTACHMENTS

1. Resolution

2. Tulare Local Road Safety Plan 2023
Reviewed/Approved:

6.5 Consent Page 2
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

RESOLUTION 2023- XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ADOPTING THE TULARE LOCAL ROADWAY SAFETY PLAN 2023
WHEREAS, a Local Roadway Safety Plan (LRSP) provides framework to identify, analyze, and prioritize roadway safety improvements; and WHEREAS, preparing an LRSP provides an opportunity to address roadway safety needs in the City based on the analyses of historical collision data and public input; and WHEREAS, starting in 2022, an LRSP is required for an agency to be eligible to apply for Highway Safety Improvement Program (HSIP) funds; and WHEREAS, the LRSP identifies specific focus areas which represent the largest opportunities to improve roadway safety; and WHEREAS, the vision of the study is to have the City roadway system free of major injuries and fatalities and promote safe and easy mobility by promoting multimodal transportation system; and
WHEREAS, the City utilized consultant Peters Engineering Group to prepare the ‘City of Tulare Local Roadway Safety Plan 2023’ (“Plan”) which is included here as Exhibit “A”; and WHEREAS, a public survey was conducted to get public input for the LRSP; and WHEREAS, collision data for the most current five years as of the start of the LSRP preparation (2016 - 2021) was utilized to identify collision trends and high frequency collision intersection and roadway segments; and WHEREAS, the LRSP includes an implementation plan as a guide to facilitate the execution of countermeasures and strategies; and WHEREAS, the Tulare Local Roadway Safety Plan 2023 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15262 (Feasibility and Planning Studies) as it does not commit the City to any particular future projects and will not have a legally binding effect on later activities.

6.5 Consent Page 3 ATTACHMENT 1
Resolution 2023-XX

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare that said Local Roadway Safety Plan (LRSP) attached hereto as Exhibit “A” be adopted.

PASSED, APPROVED, AND ADOPTED on this XX day of XXXX, 20XX.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

6.5 Consent Page 4
Prepared for
Prepared by
Peters Engineering Group
Local
Roadway
Safety Plan
(LRSP)
City of Tulare

6.5 Consent Page 5 ATTACHMENT 2
PETERS ENGINEERING GROUP Page 2
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table of Contents
List of Acronyms ........................................................................................................................................... 4 Introduction .................................................................................................................................................. 5 Vision and Goals ........................................................................................................................................... 6 Vision ........................................................................................................................................................ 6 Goals ......................................................................................................................................................... 6 Stakeholders ................................................................................................................................................. 7 Public Outreach ............................................................................................................................................ 8 Survey ....................................................................................................................................................... 8 Council Meeting ........................................................................................................................................ 8 Public Outreach Results ............................................................................................................................ 8 Process .......................................................................................................................................................... 9 Existing Efforts ............................................................................................................................................ 10 Data Summary ............................................................................................................................................ 11 Crash Collision Analysis .......................................................................................................................... 11 Methodology .......................................................................................................................................... 11 Overall .................................................................................................................................................... 11 Crash Data Summary .............................................................................................................................. 24 Crash Data Considerations ..................................................................................................................... 24 Emphasis Areas ........................................................................................................................................... 25 Distracted Driving ................................................................................................................................... 26 Pedestrian Safety ................................................................................................................................... 27 Lane Departure Crashes ......................................................................................................................... 29 Speeding ................................................................................................................................................. 30 Evaluation and Implementation ................................................................................................................ 31 Appendix A: Public Outreach Results ........................................................................................................ 33 Appendix B: Potential Projects .................................................................................................................. 38

6.5 Consent Page 6
PETERS ENGINEERING GROUP Page 3
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
List of Tables
Table 1: City of Tulare Crashes by Severity (2016‐2021) ........................................................................... 12 Table 2: City of Tulare Crashes by Crash Type (2016‐2021) ...................................................................... 12 Table 3: City of Tulare Crash Severity by Type (2016‐2021) ..................................................................... 13 Table 4: City of Tulare Crash Severity by Primary Collision Factor (2016‐2021) ...................................... 14 Table 5: Crash Severity by Roadway Ownership (2016‐2021) .................................................................. 14 Table 6: Percent of Crash Severity at Intersections and Roadway Segments (2016‐2021) ..................... 15 Table 7: Fatal & Serious Injury Intersections Crashes by Type (2016‐2021) ............................................ 16 Table 8: Roadway Segment Fatal & Serious Injury Crashes (2016‐2021) ................................................. 16 Table 9: Top Intersection Primary Crash Factors by Crash Severity (2016‐2021) .................................... 17 Table 10: Top Roadway Segment Primary Crash Factors by Crash Severity (2016‐2021) ....................... 17 Table 11: City of Tulare Crashes by Pedestrian Action and Crash Severity .............................................. 18 Table 12: Intersections with a Pedestrian Fatality (2016‐2021) ............................................................... 19 Table 13: Bicycle Involved Crashes by Crash Severity and Type (2016‐2021) .......................................... 20 Table 14: Bicycle Involved Crashes Percent of Crash Severity (2016‐2021) ............................................. 20 Table 15: Crash Severity by Lighting Condition (2016‐2021) .................................................................... 21 Table 16: High Crash Frequency and Fatal Roadway Segments ............................................................... 21 List of Figures
Figure 1: Local Road Safety Plan ‐ Your Map to Safer Roadways ............................................................... 5 Figure 2: What is Vision Zero? ..................................................................................................................... 6 Figure 3: City of Tulare Collision Map (2016‐2021) ................................................................................... 22 Figure 4: Victim Age vs Number of Crashes (2016‐2021) .......................................................................... 23

6.5 Consent Page 7
PETERS ENGINEERING GROUP Page 4
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
List of Acronyms
City City of Tulare
FHWA Federal Highway Administration
LRSP Local Roadway Safety Plan
NACE National Association of County Engineers
PCF Primary Collision Factor
R/W Right‐of‐Way
4 E’s The 4Es of Traffic Safety: Engineering, Education, Enforcement, Emergency Services

6.5 Consent Page 8
PETERS ENGINEERING GROUP Page 5
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Introduction
The City of Tulare is committed to improving the traffic safety for its local community and visitors. Efforts the City is striving for is to reduce the number of severe injuries and deaths from traffic collisions. As part of traffic safety improvement efforts, the Local Roadway Safety Plan (LRSP) was developed to address critical areas of traffic safety concerns that have been on going in the City. City of Tulare stakeholders whose organizations greatly rely on the City’s transportation system became key developers of the LRSP through providing valuable feedback that addressed major traffic safety concerns. Six years of collision databases were collected that allowed the City stakeholders to identify high collision areas and propose strategies on how to improve them for the safety of the public. Additionally, key focus areas were determined from public outreach and data analysis that would ultimately guide the LRSP’s efforts in improving high collision areas and future traffic safety implementation. Through the assistance of federal funding, implementation of the countermeasures identified in the LRSP will help reach the city’s goal in reducing traffic collisions.

Figure 1: Local Road Safety Plan ‐ Your Map to Safer Roadways Source: Federal Highway Administration

6.5 Consent Page 9
PETERS ENGINEERING GROUP Page 6
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Vision and Goals
Vision
The City of Tulare’s vision is to significantly reduce severe injuries and fatalities from traffic collisions for all people that use its road systems. Ideally, this plan will help achieve Vision Zero which strives to eliminate all fatalities and injuries from traffic collisions while increasing safety and equitable mobility for all. Vision Zero recognizes that human error is inevitable in the events of traffic collisions, which is why it emphasizes there are numerous factors to take into account when establishing traffic improvement efforts to help achieve the vision of zero fatalities and severe injuries.

Figure 2: What is Vision Zero?
Source: VisionZeroNetwork
Goals
The following are goals that this plan entails as efforts that are set to achieve City of Tulare’s vision step by step.
 Establish a well‐versed team that is credible to City of Tulare’s transportation system and would partake in providing input and feedback throughout the process of the development of the plan.
 Obtain at least five years of traffic collision data that can be analyzed to determine high collision intersections and help further understand collision patterns that could ultimately guide the direction of future traffic improvement implementation.  Engage with the local community and stakeholders through a public survey and council meetings to better understand the City’s current condition traffic safety and which specific areas need improvement.
 Develop strategies that would offer countermeasures to emphasis areas that are affecting traffic safety in high collision intersections in the City.  Continue addressing traffic safety concerns in the City and make updates to the LRSP accordingly.

6.5 Consent Page 10
PETERS ENGINEERING GROUP Page 7
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Stakeholders
City of Tulare’s transportation system is a vital part of the community. Elected and appointed representatives input is key in the development of the LRSP so they could provide their own input towards data analysis, determination of emphasis areas, and implementing countermeasures. Their role will also include reviewing this document and providing feedback on how it can be improved. The following are the stakeholders that took part in developing this document:
 Terry A. Sayre ‐ City of Tulare Mayor, District 2
 Patrick Isherwood ‐ City of Tulare Vice Mayor, District 5  Stephen C. Harrell ‐ City of Tulare Councilmember, District 3  Dennis A. Mederos ‐ City of Tulare Councilmember, District 4  Jose Sigala ‐ City of Tulare Councilmember, District 1  Marc Mondell ‐ City Manager
 Josh McDonnell ‐ Assistant City Manager
 Michael Miller ‐ City of Tulare City Engineer
 Melissa Hermann ‐ Chief Deputy City Clerk
 Trisha Whitfield, Public Works Director
 Police Chief
 Fire Chief
The meeting for the LRSP took place at the City of Tulare’s Council meeting on November 15, 2023.

6.5 Consent Page 11
PETERS ENGINEERING GROUP Page 8
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Public Outreach
Survey
An online survey was created to collect input from the local community. The goal of the survey was to gain a better understanding from the general public on factors they believe to be affecting traffic safety in the city. Additionally, identifying high collision areas and other areas in the city that need improvement were also the targeted achievements of this survey. The survey was posted on the City of Tulare’s website at www.tulare.ca.gov where the public had access to be able to easily fill out electronically. The survey was available to the public for approximately four months before its responses were collected and analyzed for this plan.

Council Meeting
The second outreach method was through the City of Tulare’s council meeting that was held on November 15, 2023. This enabled in‐person engagement with the people from the local community in which allowed for the public and staff at the council meeting to ask questions about the development of the LRSP and offer any input. The council meeting also served as an outlet to let the community know about the survey online and for them to take it following the meeting.

Public Outreach Results
See Appendix A: Public Outreach Results for survey responses.

6.5 Consent Page 12
PETERS ENGINEERING GROUP Page 9
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Process
The NACE and FHWA provide frameworks that assist in
developing an LRSP for cities. Both frameworks have
similar processes that would help guide the direction of this LRSP. The steps to the process are organized in a
manner that would lead to achieving the City’s goals more efficiently. The following are the steps that were adopted from the provided frameworks to complete this plan:
 Set vision and goals for the City in regards to road
safety advancement
Vision and goals that are set are to ultimately guide the LRSP all the way to the implementation of traffic safety improvement efforts.
 Establish a Team of Stakeholders
A team that is credible to the City’s transportation system are to partake in meetings where they could offer input and feedback as the plan is developed.  Collect Input from the Public
Use public outreach methods to collect input from the local community and help gain a better understanding in areas in the City’s transportation system that need improvement
 Data Analysis
Collect and analyze at least five years of traffic collision data from the City. The data is then to be used to determine high collision intersections and factors that have significantly impacted the traffic safety in the City.
 Determine Emphasis Areas
The emphasis areas are to be determined from the database analysis as well as input from the public outreach. Measurable goals are to be set for each emphasis areas and strategies that would improve the emphasis areas at high collision intersections are to be provided as well
 Implementation
Apply for federal funding to implement the LRSP and begin making actual improvements to the city
 Continue addressing traffic safety
Treat the LRSP as a living document and continue to make updates to it every two years. Conduct meetings with safety partners to address any future traffic safety concerns that could be added to the LRSP and further addressed through implementation.

6.5 Consent Page 13
PETERS ENGINEERING GROUP Page 10
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Existing Efforts
Currently, the City of Tulare has several safety projects in design, but none currently in construction. However, it is through the development of this plan that stakeholders are actively considering and planning future projects that aim to address this issue comprehensively. These upcoming efforts demonstrate their commitment to enhancing traffic safety within the city. By implementing new strategies, such as enhancing road infrastructure, introducing traffic safety measures, and promoting public awareness campaigns, the City of Tulare and its associated stakeholders are well‐positioned to achieve substantial progress in ensuring safer and more efficient transportation for all residents and visitors.

For City of Tulare’s project considerations as a result from this plan, see Appendix B.

6.5 Consent Page 14
PETERS ENGINEERING GROUP Page 11
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Data Summary
Crash Collision Analysis
The following six years worth of data (2016‐2021) was received from the City of Tulare’s police station databases of crash collision records. The records included detailed information about each car collision case including, the time of the collision, victims involved, severity of injuries, PCF violations, location of collision, and much more. With roughly around 5250 cases, an analysis was able to be conducted to identify factors and high collision areas that have negatively impacted traffic safety in the City of Tulare’s transportation system.

Methodology
Given the details from each recorded collision case from the databases, factors and characteristics were able to be categorized and broken down to achieve a better understanding of specific collision patterns, how often they occur, and what was causing them. Four database files were received from the city. Each file addressed a specific category of each car collision case. The following are what each file pertained to: traffic collisions, party of collisions, victims of collisions, and traffic accidents. Thus, analysis that pertained to a specific category were based off the file that best fit the category. For instance, if the objective was to present the information of the severity of victims in each collision case, the file that gave information about the victims would have been used. The objective was to break down all of the data that was given and create visual representations of collision patterns, collision factors, types of collisions, and frequency of collisions for analysis purposes. Thus, the data received has been organized into tables and figures to present the data analysis accordingly.

Overall
The following figures and tables break down the data that was recorded from 2016 to 2021.

Readers will notice that the tables become more detailed and specific to the certain categories and it will become evident on the approaches that were took to analyze the data. Again, the purpose of analyzing the data is to narrow it down enough to determine traffic safety concerns that will ultimately guide the improvement efforts of this LRSP.

6.5 Consent Page 15
PETERS ENGINEERING GROUP Page 12
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table 1: City of Tulare Crashes by Severity (2016‐2021) Year
Fatal Serious Injury
(2)
Other Visible
Injury (3)
Complaint of
Pain (4)
Property
Damage Only
(blank / 0)
Total
Total
Percent
of
Annual
Crashes
Total
Percent
of
Annual
Crashes
Total
Percent
of
Annual
Crashes
Total
Percent
of
Annual
Crashes
Total
Percent
of
Annual
Crashes
2016 4 0.5% 10 1.1% 31 3.5% 26 2.9% 811 92.0% 882 2017 8 0.9% 11 1.2% 17 1.8% 19 2.1% 864 94.0% 919 2018 2 0.2% 9 1.1% 15 1.8% 18 2.1% 794 94.7% 838
2019 9 1.0% 11 1.2% 16 1.8% 13 1.4% 853 94.6% 902 2020 6 0.8% 10 1.4% 8 1.1% 10 1.4% 680 95.2% 714
2021 8 0.8% 7 0.7% 10 1.0% 13 1.3% 945 96.1% 983
Total 37 0.7% 58 1.1% 97 1.9% 99 1.9% 4947 94.4% 5238 The table above breaks down the City of Tulare’s crashes by severity from 2016 to 2021. From the given time period, there were a total number of 5238 car collisions in the City of Tulare’s local roads. As result of the analysis, 94.4% of the collisions were reported as property damage only. Collisions where recorded victims’ complaint of pain and victims with visible injuries both resulted in 1.9% of all car collisions. If number of serious injuries (58) were to be included in the number of collisions with complaint of pain, and visible injuries, it would make up roughly 4.9% of all collisions. Lastly, only 37 collisions (0.7% of all collisions) have resulted in fatalities from 2016 to 2021.

Table 2: City of Tulare Crashes by Crash Type (2016‐2021) Crash Type Total Crashes Percent of all
Crashes
Percent of Serious
Injuries and or
Fatalities
Broadside 1670 31.9% 33.7%
Rear‐End 1371 26.2% 8.4%
Sideswipe 927 17.7% 1.1%
Hit Object 625 11.9% 15.8%
Head‐On 345 6.6% 6.3%
Vehicle‐Pedestrian 133 2.5% 24.2%
Other 123 2.3% 6.3%
Overturned 20 0.4% 2.1%
Not Stated 24 0.5% 2.1%

6.5 Consent Page 16
PETERS ENGINEERING GROUP Page 13
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table 2 breaks down all car collisions from 2016 to 2021 into categories of different types of crashes. At 1670 total crashes, broadside crashes make up nearly a third of all recorded collisions—the most of any other category. A broadside collision is when one front end of a vehicle hits the side of another vehicle. These types of collisions typically happen at intersections when a driver runs a red light or stop sign and hits a vehicle in which had the right‐of‐way passing through the intersection. Notably, the next three most frequent type of crashes are Rear‐End, Sideswipe, and Hit Object, coming at 1371, 927, and 625 total crashes respectively. These top four types of crashes make up 87.7% of all other type of crashes. Thus, it is important that this information is used to help determine what factors are causing these types of crashes and where they are happening most frequently.

Table 3: City of Tulare Crash Severity by Type (2016‐2021) Table 3 details the percentage of severity of car collisions per each type of crash. This, essentially, is a combination of the two previous tables. Notably, these results give a better understanding as to how the type of crashes relate to the frequency of the severity of crashes.

Results show that broadside collisions are the primary cause of all categories of severity of crashes, making up more than 33% of nearly every category of severity. It was also worth noting that the results showed that property damage was the most frequent case of severity by all types of crashes (rear‐end and sideswipe being the top two types, just underneath broadside collisions). Vehicle‐pedestrian collisions have shown to be the most frequent across all categories of severity of crashes, especially for fatalities (29.7% of all types of crashes) and visible injuries (28.9% of all types of crashes). Table 3 significantly draws attention to broadside and vehicle‐pedestrian collisions which will be important for the overall analysis of determining focus areas the City needs focusing on.

6.5 Consent Page 17
PETERS ENGINEERING GROUP Page 14
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table 4: City of Tulare Crash Severity by Primary Collision Factor (2016‐2021) Given the correlation between crash types and crash severity, it was also important as part of the analysis to recognize factors that have contributed to the severity of crashes as well. Table 4 details the relationship between primary collision factors (documented by police) and the severity of the crashes. It is important to note that nearly half (46.3%) of the total amount of car collisions cases were never recorded a specific PCF violation. Thus, the analysis will be based off the car collisions that did include a PCF violation in its case. It was found that right‐of‐way violations and driving at unsafe speeds were the two biggest factors in causing car collisions.

These two PCF violations notably made up the majority of damages in property (nearly 20% for both PCFs). The second most concerning, resulting in the most fatalities, was the traffic signals and signs PCF. This could potentially be a result of drivers running red lights or not yielding at uncontrolled intersections. It is important to distinguish that traffic signal and signs PCF are in most cases right of way violation that took place at intersections whereas Auto R/W violations could have been cases such as not yielding to a pedestrian, or an emergency vehicle.

Table 5: Crash Severity by Roadway Ownership (2016‐2021) Table 5 shows the relationship between crash severity and which street facility they took place on (state highway and local road). Based off of the analysis, it was evident that car collisions were more frequent on local roads, making up 84% of total crashes. Additionally, each category of crash severity resulted significantly higher in local roads over state highways. Considering that the City of Tulare’s only state highways are the SR‐99 and SR‐137, which roughly stretch 9

6.5 Consent Page 18
PETERS ENGINEERING GROUP Page 15
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
miles north and south, and 5 miles east and west through the City, it was foreseeable that less car collisions would take place on them compared to the local roads that are used more by the local community.

Table 6: Percent of Crash Severity at Intersections and Roadway Segments (2016‐2021) Percent of crash Severity
Crash Severity Intersections Highway Segments
Fatal 27% 32% 41%
Serious Injury 40% 19% 41%
Minor Injury (Complaints
of pain or other visible
injury)
45% 12% 42%
Property Damage 40% 16% 44%
Similarly, to the previous table, Table 6 details the correlation between crash severity and where they took place, however, this table takes it a step further by identifying whether a car collision took place at an intersection, segment of a road, or a highway. Results showed that intersections and roadway segments made up the majority in serious injury, minor injury, and property damage. It is worth recognizing that highways experienced more fatalities (32%) over fatalities that took place at intersections (27%), however local roadway segments still made up still made up the majority (41%). Considering the percentages are very close in range for all categories of crash severity relating to intersections and roadway segments, it would be important that traffic safety improvement efforts focus more on the City’s local roads (specifically intersections and roadway segments) over its state highways.

6.5 Consent Page 19
PETERS ENGINEERING GROUP Page 16
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table 7: Fatal & Serious Injury Intersections Crashes by Type (2016‐2021) Table 7 illustrates crash types versus fatal and serious injuries of all car collisions that took place at the City’s intersections. Results showed that broadside collisions made up 55% of all types of collisions that took place at intersections, responsible for the highest number in serious injuries (13) and fatalities (5). Although significantly less, Vehicle‐Pedestrian collisions and Rear End collisions were the second highest types of collisions at intersections, each making up 12% of all crash types. Taking the previous tables into account, broadside collisions have appeared to be the most frequent type of collision overall which will play a big role in shaping future countermeasures.

Table 8: Roadway Segment Fatal & Serious Injury Crashes (2016‐2021) Similar to the previous table, Table 8 details fatal and serious injuries and how they relate to types of crashes however, specifically in roadway segments. The data showed vehicle‐ pedestrian collisions to be the result of the most serious injuries, fatalities, and overall type of crash in roadway segments. Broadside collisions came out as the second most frequent (23%) across all type of collisions, with ‘Hit Object’ following just after, making up 21% of all crash types. Based off the analysis, it appears that pedestrian right‐of‐way violation is the biggest safety concern at roadway segments

6.5 Consent Page 20
PETERS ENGINEERING GROUP Page 17
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table 9: Top Intersection Primary Crash Factors by Crash Severity (2016‐2021) Table 9 addresses the same elements as Table 4 does, except it is specific to intersections only.

Comparing the tables, the results were very similar as far as where the highest frequency crash types landed corresponding to the crash severity. Crash severities such as visible injuries, complaint of pain, and property damage were more frequent in ‘Auto R/W Violations’. Traffic signals and signs violations were still shown to be the primary factor in causing fatalities. 60% of fatalities at intersections came from traffic signals and signs PCFs alone. 30.4% of serious injuries resulted from unsafe speeds passing through intersections. Overall, ‘Auto R/W violations’ resulted as the most frequent factor of collisions, making up 27.7% (44.8% of collisions with recorded PCF violations) of all collisions at intersections.

Table 10: Top Roadway Segment Primary Crash Factors by Crash Severity (2016‐2021) The data from Table 10 showed that the frequency of specific PCF violations played much different in roadway segments. Unsafe speeds took the leading factor in collisions in roadways segments, making up 23.3% of total collisions (52.5% of collisions with recorded PCF violations).

Unlike the leading cause of fatalities in intersections, roadway segments experience pedestrian violations to be the primary factor of fatalities (29% of total fatalities). Taking the data from this

6.5 Consent Page 21
PETERS ENGINEERING GROUP Page 18
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
table into account, speed management would be ideal for traffic safety improvement efforts in local roadway segments.

Table 11: City of Tulare Crashes by Pedestrian Action and Crash Severity Table 11 shows the relationship between pedestrian action and crash severity. Based off of the data, it was found that 43.8% of collisions with pedestrians involved happened when the pedestrian was crossing the crosswalk at the intersection, making this pedestrian action the most common to have caused a collision. 22.5% of crashes were related to pedestrians crossing not in a crosswalk. 18.0% of crashes were reported to happen in the road. It is probable that most pedestrian crashes took place when the pedestrian was crossing at the crosswalk because of right‐of‐way violations. This could have also been a lack of attention to crossing vehicles or people between either the driver or the pedestrian.

6.5 Consent Page 22
PETERS ENGINEERING GROUP Page 19
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table 12: Intersections with a Pedestrian Fatality (2016‐2021) To narrow down which locations have been more critical to pedestrians, this table was arranged to show specific intersections in the City of Tulare that have had pedestrian fatalities.

The pedestrian action column gives insight of the factor involved that led to the fatality.

Notably, T‐intersections were the main type of intersections that involved the most pedestrian fatalities.

6.5 Consent Page 23
PETERS ENGINEERING GROUP Page 20
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table 13: Bicycle Involved Crashes by Crash Severity and Type (2016‐2021) From 2016 to 2021, a total of 113 bicycle‐involved collisions have occurred in the City of Tulare.

According to the data, broadside crashes have shown to be the most common type of crash when it comes to bicycle‐involved collisions, resulting in the most instances of property damage, complaints of pain, visible injuries, serious injuries, and fatalities when compared to the rest of crash types (55% of total crashes). It is also worth noting that side swipe crashes have made up 15.9% of all bicycle‐involved collisions, although mostly resulted in property damage. 13.8% of total bicycle‐involved collisions were collisions that involved pedestrians. The number of the remaining types of crashes related to bicycle‐involved collisions is miniscule compared to the top three common crash types (broadside, sideswipe and vehicle‐pedestrian).

Table 14: Bicycle Involved Crashes Percent of Crash Severity (2016‐2021) Table 14 is a more general look at bicycle‐involved collisions and how they relate to crash severities and overall crashes. The table shows that bicycle‐involved collisions make up 19% in each crash severity category of ‘fatal’ and ‘other visible injury’. Despite that bicycle collisions make up only 2% of all total crashes between 2016‐2021, their representation in its number of fatalities is worth taking into account when developing new traffic safety improvement efforts.

6.5 Consent Page 24
PETERS ENGINEERING GROUP Page 21
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table 15: Crash Severity by Lighting Condition (2016‐2021) The table above details the severity of the crash in the given lighting condition at the time of the collisions. Collisions that took place where the lighting conditions were ‘Dark – Street Lights’ and ‘Daylight’ happened more frequently (25.8% and 67.1% of total collisions respectively).

According to the table, it appears that there are a few areas within the City of Tulare where streetlighting can be improved or either installed where there aren’t any streetlights present.

Table 16: High Crash Frequency and Fatal Roadway Segments

6.5 Consent Page 25
PETERS ENGINEERING GROUP Page 22
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Table 16 highlights specific roadway segments that have shown to experience collisions frequently. Based off of the data, Bardsley and Prosperity Avenue were shown to experience the most car collisions within its specified extents. It is important to note that not every roadway segment was included in this table. Only critical roadway segments that experienced more at least 100 car collisions are listed, as the purpose of the analysis is to determine which areas need improvement. A more location‐specific visualization that highlights fatal and severe collisions can be found in Figure 3 below.

Figure 3: City of Tulare Collision Map (2016‐2021)
Severe Collision Fatal Collision

6.5 Consent Page 26
PETERS ENGINEERING GROUP Page 23
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Figure 4: Victim Age vs Number of Crashes (2016‐2021)
The figure above illustrates how victim ages correlate to crash frequency. It is important to note that only 327 of the cases that were received from the databases were reported an age of the victims involved. Thus, these cases will be used to represent all collisions that happened from 2016 to 2021 for the purpose of the analysis but shall be used to study collision patterns. The bar graph clearly shows that victims ages from 21 to 31 have been involved in the most crashes.

Victims whose ages were from 21‐23 experienced the most crashes of any age group (20 crashes). The graph shows a steady decline of crashes as the age becomes greater following ’21,23’. It is evident that younger drivers are more likely to be involved in car collisions either due to delinquency, speeding or driving under the influence. It could also signify that the majority of drivers happen to be within the 21 to 45 ranges, as bar graph shows that age range as the highest cluster compared to the rest of the graph.

6.5 Consent Page 27
PETERS ENGINEERING GROUP Page 24
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Crash Data Summary
Multiple aspects that are critical to traffic safety were identified in the crash data analysis. The list below highlights these significant takeaways from the crash data analysis:
 Broadside crashes were the most frequent crash type to occur, accounting for 33.7% of all crashes in the City of Tulare.
 Broadside and Vehicle‐pedestrian crashes result in the most fatalities.  Broadside crashes cause the most severe crashes across all categories of severeness, representing 31.6% of all severe crashes.
 Auto R/W Violations and Unsafe Speeds were the primary collision factors that contributed to the most severe crashes, both making up roughly 20% of all severe crashes.
 84% of total crashes happen in local roads as opposed to state highways in the City of Tulare
 ‘Traffic Signals and Signs’ and ‘Auto R/W Violations’ are the main primary collision factors that cause the most severe accidents at traffic intersections, representing 44.8% of total crashes.
 Unsafe speeds are the main primary collision factor amongst roadway segments, making up 52.5% of collisions with recorded PCF violations.  43.8% vehicle‐pedestrian crashes happen when the pedestrian is crossing in the crosswalk at the intersection.
 Lack of streetlighting has impacted traffic safety (2.9% collisions took place where there were no streetlights)
 Of the recorded victim ages, 21‐ to 23‐year‐olds were the most common to be involved in car collisions in the City of Tulare
Crash Data Considerations
It is important to recognize that the crash collision data that was provided by the City of Tulare Police Department included minor gaps in its data. The data was still sufficient to develop a thorough analysis that accurately represents the collisions in the City of Tulare. Data such as primary collisions factors, street lighting conditions, and crash severity were not recorded for every collision. Only a small portion of the data included age. This low percentage had a less than desirable effect on the representation of victim age and car collisions. Motorcycle collision data was not available from the City of Tulare and would have been helpful to determine if motorcycles contribute to collisions in the City.

6.5 Consent Page 28
PETERS ENGINEERING GROUP Page 25
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Emphasis Areas
Once the crash data was shared to the public at the City of Tulare Council Meeting, the public had the opportunity to fill out the survey that would help establish emphasis areas the City could focus its traffic safety efforts on. The survey asked the public to select five out of eight emphasis areas, and of the eight the majority selected the following:
 Distracted Driving
 Pedestrian Safety
 Intersection Crashes
 Lane Departure Crashes
 Speeding
Considering the listed emphasis areas are a majority public concern, the following section will focus on each emphasis area and highlight data from the crash analysis to show how crucial each area would be for this plan to address. Countermeasures which address each focus area across all 4 E’s (Engineering, Enforcement, Education, and Emergency Services) are included in the section as well.

6.5 Consent Page 29
PETERS ENGINEERING GROUP Page 26
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Distracted Driving
Many factors that cause drivers to divert their
attention away from the road can be
categorized as distracted driving. Incidents such
as texting, talking, construction work, and
vehicle wreck scenes can all be a dangerous
factor to distracted driving which can ultimately
cause serious or fatal accidents. City of Tulare’s
crash collision data has no record of drivers
crashing from distracted driving however, it is
probable that they make up part of the
collisions that did not have a documented PCF.

Regardless, the concern of distracted driving
was important enough to the public to
recognize so that this plan could address it.

Countermeasures:

1. Engineering Recommendations:
 Utilize supplemental advanced warning signs and warning lights that are typically optional to better catch driver’s attention for work zones, midblock crosswalks, or signals/stops ahead.

2. Education Recommendations:
 Conduct public awareness campaigns to educate drivers about the dangers of distracted driving, emphasizing the risks and potential consequences.  Emphasize distracted driving education in driver training programs, teaching techniques to minimize distractions and emphasizing the importance of focused driving and consequences that can be faced from distracted driving.  Encourage and educate the general public the use of vehicle safety features that reduce distractions, such as voice‐activated controls, hands‐free communication systems, integrated infotainment systems, and heads‐up‐displays.

3. Enforcement Recommendations:
 Enforce strict laws and regulations against distracted driving, including raising ticket fines for texting and driving.
 Increase enforcement measures, such as targeted patrols to identify and deter distracted drivers.

4. Emergency Services Recommendations:
 Supporting Engineering, Education, and Enforcement Recommendations.

6.5 Consent Page 30
PETERS ENGINEERING GROUP Page 27
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Pedestrian Safety
The conducted crash data analysis showed that
vehicle‐pedestrian collisions were the most fatal
accidents in the City of Tulare. Records showed
that 43.8% of vehicle‐pedestrian collision
happened as the pedestrian was using the
crosswalk. The analysis significantly backs up the
public’s input of ranking pedestrian safety as an
important area City of Tulare should focus its
traffic safety efforts on.

Countermeasures:

1. Engineering Recommendations:
 Continue the design and maintenance of pedestrian‐integrated infrastructure, such as sidewalks, crosswalks with flashing beacons, and ramps, to provide safe and accessible pathways for pedestrians.
 Traffic signals at intersections to include protected pedestrian phasing.  Implement traffic calming measures such as including speed bumps and reducing vehicle speeding limits in areas with high pedestrian activity.  Improve visibility for both pedestrians and drivers through adequate lighting, flashing beacons, reflective signs, and marked pedestrian crossings.

2. Education Recommendations:
 Continue to educate drivers in training about the significance of yielding to pedestrians, safe stopping distances, and being cautious in areas with high pedestrian traffic.  Develop campaigns targeted toward the general public that educates pedestrians on how to navigate intersections safely, focusing on the importance of using dedicated crosswalks, obeying traffic signals, and making eye contact with drivers before crossing.

3. Enforcement Recommendations:
 Increase ticket fines for violating traffic laws and regulations that protect pedestrians.  Increase law enforcement presence in areas with high pedestrian activity to deter reckless driving and ensure compliance with traffic laws.

4. Emergency Services Recommendations:
 Maintain and improve emergency response protocols to ensure quick and effective medical attention to injured pedestrians, including efficient communication between emergency services and hospitals.

6.5 Consent Page 31
PETERS ENGINEERING GROUP Page 28
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Intersection Crashes
City of Tulare’s intersections experience the most
fatality rates as its crashes are more prone to vehicle‐pedestrian and broadside collisions. These
types of collisions have resulted from factors such
as speeding and right‐of‐way violations (running
red lights/stop signs). Results from the crash
collision data was able to identify high collision intersections in the City of Tulare and distinguish
them by severity. Foreseeably, intersection
crashes was the most desired emphasis area the
public felt needed to be addressed as it received the most votes in the survey. Public input and results from the crash data analysis on intersection crashes significantly focuses this plan towards intersection improvements.

Countermeasures:

1. Engineering Recommendations:
 Improve existing two‐way and four‐way intersections by installing traffic signals, clear signage, and appropriate lane markings to guide drivers and pedestrians safely through the intersections.
 Construct roundabouts and dedicated turn lanes to separate conflicting movements and reduce the risk of collisions.
 Utilize ITS technologies like traffic signal synchronization and advanced intersection warning systems to improve intersection efficiency and safety at existing signalized intersections.

2. Education Recommendations:
 Continue to educate the importance of intersection safety in driver training programs, including teaching proper signaling and right‐of‐way rules at intersections.

3. Enforcement Recommendations:
 Increase law enforcement efforts at high‐risk intersections to deter traffic violations, including running red lights, speeding and reckless driving, and failure to yield to pedestrians.
 Conduct thorough investigations of intersection crashes to identify contributing factors so that the information can be used towards future traffic safety efforts to prevent similar accidents

4. Emergency Services Recommendations:
 Support Engineering, Education, and Enforcement recommendations.

6.5 Consent Page 32
PETERS ENGINEERING GROUP Page 29
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Lane Departure Crashes
Although results from the crash data analysis
does not specifically identify lane departure
crashes, it is probable that the sideswipe and
head‐on collisions that are documented in the
analysis were from a lane departure incident.

Sideswipe and head‐on collisions make up
nearly 30% of all crashes (sideswipe: 17.7% and
head‐on: 6.6%) making it more understandable
why the public majority selected lane
departure crashes as an important emphasis
area.

Countermeasures:

1. Engineering Recommendations:
 Refresh existing lane markings for enhanced visibility.  Widen existing streets to add dedicated turning lanes to avoid lane departure collisions.
 Install concrete or striped island medians to keep vehicles on safer dedicated paths from oncoming traffic.

2. Education Recommendations:
 Emphasize the importance of maintaining proper lane position, using traffic signals correctly, and lane departure prevention in driver training programs.  Encourage and educate the general public the use and availability of vehicle safety features such as Lane Departure Warning Systems which uses sensors to detect and correct unintentional lane departures.

3. Enforcement Recommendations:
 Implement stricter enforcement on improper lane changing violations.  Supporting Engineering and Education recommendations.

4. Emergency Services Recommendations:
 Supporting Engineering and Education recommendations.

6.5 Consent Page 33
PETERS ENGINEERING GROUP Page 30
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Speeding
Nearly 20% of all crashes from 2016 to 2021 resulted
from unsafe speeding according to documented PCFs
from the crash data. Speeding can be a factor of any
type of collision, from minor severity to fatal, which is why complying to speeding limits is extremely crucial
for safety reasons. The public expressed in the survey
that, despite speed limit signs and law enforcement,
drivers speeding is still a present concern that needs
improvement for the safety of drivers and
pedestrians of the City.

Countermeasures:

1. Engineering Recommendations:
 Implement traffic calming measures such as speed bumps and reduced speed sign limits at areas where speeding is highly prone to occur.  Utilize technologies like speed limit signs with radar feedback and automated speed enforcement systems.
 Improve existing roads with appropriate geometrics, including curves, sight lines, and lane widths, to discourage speeding and ensure safe travel  Construct roundabouts at intersections to assist in lowering speeds.

2. Education Recommendations:
 Direct drivers training programs to emphasize the importance of following speed limits, understanding the risks associated with speeding, and promoting responsible driving behaviors.
 Establish public awareness campaigns to educate the general public about the dangers of speeding, highlighting the potential consequences and encouraging compliance with speed limits.

3. Enforcement Recommendations:
 Impose strict penalties, including increased fines, and license suspensions drivers caught speeding, to discourage the behavior and reinforce the importance of complying with speed limits.
 Supporting Engineering and Education Recommendations

4. Emergency Services Recommendations:
 Supporting Engineering, Education, and Enforcement Recommendations

6.5 Consent Page 34
PETERS ENGINEERING GROUP Page 31
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Evaluation and Implementation
Once the Local Roadway Safety Plan for the City of Tulare is completed, the implementation process will take place. This involves a series of systematic steps to bring the plan into action and make real improvements to traffic safety. Below is an outline of the specific process for implementing the plan:

1. Prioritization and Resource Allocation:
 Review the recommendations outlined in the safety plan and prioritize them based on urgency, severity of safety issues, and available resources.  Allocate funding and resources accordingly to address the identified priorities effectively.

2. Project Planning and Design:
 Develop detailed project plans for each identified potential safety improvement, including timelines, budgets, and design specifications.  Engage with engineering and design teams to ensure that proposed solutions align with best practices and meet regulatory requirements.
 Collaborate with relevant departments, agencies, and stakeholders to ensure coordination and integration of efforts.
 Oversee the implementation of roadway construction improvements, such as intersection upgrades, signage installations, or road modifications.

3. Permitting and Approval Process:
 Obtain necessary permits and approvals from regulatory authorities for any modifications or construction required as part of the safety plan implementation.  Work closely with local and state agencies to navigate the regulatory processes efficiently.

4. Public Outreach and Communication:
 Keep the community informed about the ongoing implementation efforts, including project updates, timelines, and potential disruptions.
 Conduct outreach campaigns to raise awareness about the importance of the safety plan and the anticipated benefits it will bring.
 Provide outlets for public feedback and address any concerns or inquiries from residents and stakeholders.

5. Evaluation and Adjustment:

6.5 Consent Page 35
PETERS ENGINEERING GROUP Page 32
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
 Continuously monitor the effectiveness of implemented measures and interventions through data collection, including crash reports.
 Treat the LRSP as a living document by evaluating the impact of the safety plan on traffic safety indicators and adjusting strategies as needed.
 Seek input from stakeholders and the community to identify any unforeseen issues or areas requiring further attention.

By following this comprehensive implementation process, the City of Tulare can effectively translate its Local Roadway Safety Plan into tangible actions that lead to safer roadways, reduced accidents, and enhanced transportation experiences for the community.

6.5 Consent Page 36
PETERS ENGINEERING GROUP Page 33
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Appendix A: Public Outreach Results

6.5 Consent Page 37
PETERS ENGINEERING GROUP Page 34
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Question 1: What is your age?
Question 2: What is your primary mode of transportation? Question 3: Please select five of the following categories that you feel traffic safety efforts should focus on in the City of Tulare.

6.5 Consent Page 38
PETERS ENGINEERING GROUP Page 35
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Question 4: Are there any intersections in the City of Tulare you would consider a high collision area? If so, please state which intersection.

Question 5: Do any areas in the City of Tulare have visibility issues that could affect traffic safety? If so, please specify.

6.5 Consent Page 39
PETERS ENGINEERING GROUP Page 36
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Question 6: Are there any areas in the City of Tulare where the existing road conditions could affect traffic safety? If so, please specify.

6.5 Consent Page 40
PETERS ENGINEERING GROUP Page 37
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Question 7: Please use the space provided to bring attention to any additional locations and/or factors that impose any traffic safety concerns in the City of Tulare and let us know how they could be improved.

6.5 Consent Page 41
PETERS ENGINEERING GROUP Page 38
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Appendix B: Potential Projects

6.5 Consent Page 42
PETERS ENGINEERING GROUP Page 39
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Roundabout at Bardsley Avenue and Blackstone Street Existing Conditions and Project Need:

The signalized intersection of Bardsley Avenue and Blackstone Street consists of two through lanes and dedicated left turn lanes in all directions, striped crosswalks and lanes, pedestrian ramps (both ADA compliant and noncompliant), and curb and gutter with adjacent sidewalk and commercial driveways. This intersection ranked as the most severe high collision area from the crash data analysis. Two fatalities and nearly 90 property damage collisions have occurred within the crash data’s studied time frame. The primary collision factor for the two fatal accidents were failing to comply with traffic signals and signs.

Visible safety concerns include:
 Faded lane markings and crosswalk striping
 Commercial driveways to gas station on the southeast corner  Pedestrian ramps are not ADA compliant
 No dedicated right turn lanes in all directions
Project Description:

A potential project could include the development of a roundabout at the intersection of Bardsley Ave and Blackstone St. The roundabout would consist of four legs with entry and exits lanes in all directions, improved street lighting, appropriate striping and signage, ADA pedestrian ramps and crosswalks, and integrated commercial driveways where needed.

6.5 Consent Page 43
PETERS ENGINEERING GROUP Page 40
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Traffic Signal Modification at J Street and Tulare Avenue Existing Conditions and Project Need:

The signalized intersection of J Street and Tulare Avenue consists of two through lanes in all directions with dedicated left turn lanes for north and south bound, crosswalks and pedestrian ramps, curb and gutter with adjacent sidewalks, and a raised concrete median in the north and south direction. The intersection ranked as the second most severe high collision area. One fatality and 47 collisions have been recorded from the crash data analysis at this intersection.

The single fatal accident was a vehicle‐pedestrian collision, most probable due to the unprotected left turns on the east and west bound directions.

Visible safety concerns include:
 Faded lane markings
 Northeast crosswalk consists of worn‐out stone and brick instead of visible stripes  Traffic signal in east and westbound directions does not protect left turn movements  No dedicated left turn lane in east and west bound direction Project Description:

A potential project at the intersection of J Street and Tulare Avenue could include modifying the existing traffic signals to install protected left turns for the east and west bound directions.

Additionally, the project would consist of installing dedicated east and westbound left turn lanes, refreshing the existing crosswalk and lane striping, striping the northeast crosswalk, and updated the curb ramps to ADA standards.

6.5 Consent Page 44
PETERS ENGINEERING GROUP Page 41
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Crosswalk Installation at Bardsley Avenue and R Street Existing Conditions and Project Need:

Two fatalities have occurred as a result of pedestrian violations on Bardsley Avenue from P Street to R Street. This current segment does not contain a crosswalk for pedestrians to safely walk across Bardsley Ave which resulted in two fatal vehicle‐pedestrian collisions as the pedestrians tried crossing Bardsley without a crosswalk. It is probable that J‐walking occurs frequently in this area due to the commercial complex just southeast of the location. Bardsley Avenue’s current condition from P Street to R Street includes ADA standard ramps at the corners along the north side of Bardsley Ave, curb, gutter, and sidewalk on both north and south sides of Bardsley Ave, and street lighting along the north side.

Visible safety concerns include:
 Lack of crosswalk
 Lack of streetlighting on south side of Bardsley Ave
Project Description:

A potential project could include the installation of a crosswalk at the northeast corner of Bardsley Avenue and R Street crossing Bardsley Ave with supplemental flashing beacons and appropriate signage. Additionally, new ADA ramps would be installed to accommodate the location of the crosswalk.

6.5 Consent Page 45
PETERS ENGINEERING GROUP Page 42
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Roundabout at Prosperity Avenue and E Street Existing Condition and Project Need:

The intersection of Prosperity Avenue and E Street currently consists of traffic signals, single through lanes with dedicated left turns, one dedicated right turn lane on the east leg, crosswalks, ADA compliant ramps, and curb and gutter. The intersection is adjacent to a park that sits at the northwest corner and a gas station on its southeast corner. One fatality has occurred at this intersection from failing to comply with traffic signals and signs. Overall, nine collisions have taken place at Prosperity Avenue and E Street.

Visible safety concerns include:
 Lack of sidewalk around the intersection (adjacent school suggests students would be to and from the southernly neighborhoods)
 Gas station driveways at the southeast corner of the intersection  Lack of dedicated right turns (through lane width provide sufficient space for additional lane)
Project Description:

A potential project could include the development of a roundabout at the intersection of Prosperity Avenue and E Street. The roundabout would consist of four legs with entries and exits lanes in all directions, improved street lighting, appropriate striping and signage, ADA pedestrian ramps and crosswalks, curb, gutter and sidewalk, and commercial driveways where needed.

6.5 Consent Page 46
PETERS ENGINEERING GROUP Page 43
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Crosswalk at Kern Avenue and West Street Existing Conditions and Project Need:

Kern Avenue and West Street is currently a T‐intersection with Kern Street having to stop and yield to non‐stopping traffic on West Street. There has been one fatal vehicle‐pedestrian collision from the result of a pedestrian right‐of‐way violation. The intersection currently does not have any crosswalks, so it is likely the fatal accident occurred because the pedestrian was not protected by a crosswalk and signage.

Visible safety concerns include:
 Lack of crosswalk
 Lack of sidewalk on east side of West Steet
 Lack of streetlighting south of the intersection
Project Description:

A potential project could include the installation of a crosswalk that crosses West Street at the southeast corner of the intersection of West Street and Kern Avenue, along with supplemental flashing beacons, and warning signs. The project would also include installation of ADA ramps, sidewalk on the east side of West St, and streetlights to improve visibility.

6.5 Consent Page 47
PETERS ENGINEERING GROUP Page 44
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: San Joaquin Avenue and RR Crossing near I Street Improvements Existing Conditions and Project Need:

The intersection of San Joaquin Ave and the railroad just West of J Street, East of I Street, is currently a two‐lane road that goes over the tracks, supplemented by warning lights and automated gate arms to stop traffic when the train the passing. There is existing curb, gutter, and sidewalk along both sides of the road, with the exception of a segment that is on the south side of San Joaquin Avenue, east of the railroad. One fatal accident happened at this location due to failing to comply with traffic signals and signs.

Visible safety concerns include:
 Faded lane markings and railroad crossing stencil
 No ADA accessibility to cross railroad
 No bicycle facilities
Project Description:

A potential project could include installing additional gates at the railroad to better prevent drivers from crossing the railroad when a train is about to pass. Because this type of project involves railroad improvements, it would require coordination with Union Pacific Railroad and California Public Utilities Commission. Additionally, the project could also call for refreshing the lane striping and railroad stencils.

6.5 Consent Page 48
PETERS ENGINEERING GROUP Page 45
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Signal Installation at J Street and Kern Avenue Existing Conditions and Project Need:

The intersection of J Street and Kern Avenue is a two‐way stop with cross walks, ramps, curb and gutter, and commercial driveways. The north and southbound directions have two through lanes and a dedicated left turn lane, while the east and westbound directions are only a single through lane with stop signs. There has been one fatal vehicle‐pedestrian collision from the result of a pedestrian violation and 11 other property damage collisions overall.

Visible safety concern include:
 Lack of crosswalk warning signs for north and southbound directions  East crosswalk is a worn stamped concrete path (not striped and visible)  West leg has no visible centerline stripe
 Ramps do not look ADA compliant
Project Description:

A potential project for this site could include the installation of traffic signals with emergency vehicle detection systems and vehicle detection cameras to efficiently and safely move traffic through the intersection. Pedestrian signal count downs and audible pushbuttons would also be a part of the traffic signal installation to ensure pedestrian can safely cross the intersection.

Additionally, streetlighting, ADA ramps, crosswalks, striping, and appropriate signage would be installed as well. A signal warrant study would be required to validate the need for a traffic signal. If the intersection traffic does not meet warrants, a rapid flashing beacon crossing J street would be an appropriate alternative.

6.5 Consent Page 49
PETERS ENGINEERING GROUP Page 46
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Roundabout at Cross Avenue and Blackstone Street Existing Conditions and Project Need:

Cross Avenue and Blackstone Street is a signalized intersection with single through lanes and dedicated left and right turn lanes on all legs. The signals also include countdown signal heads, pedestrian push buttons, and emergency vehicle detection systems and loop detectors. Its existing conditions also include striped crosswalks and lanes, curb and gutter, adjacent sidewalk, curb ramps, and drive approaches. One fatal collision has happened within the studied time frame from the crash data along with 28 other property damage collisions.

Visible safety concerns include:
 Worn lane markings and crosswalk
 Ramps not ADA compliant
 Signal phasing and timing could possibly be a factor of collisions  Lack of streetlighting approaching the intersection east and westbound Project Description:

A potential project could include the development of a roundabout at the intersection of Cross Avenue and Blackstone Street. The roundabout would consist of four legs with entries and exits in all directions, improved street lighting, appropriate striping and signage, ADA pedestrian ramps and crosswalks, curb, gutter and sidewalk, and commercial and residential driveways where needed. This would overall improve the flow of traffic by making it more efficient and safe.

6.5 Consent Page 50
PETERS ENGINEERING GROUP Page 47
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: 4‐way Stop at San Joaquin Avenue and H Street Existing Conditions and Project Need:

San Joaquin Avenue and H Street is a residential two‐way stop intersection with two lane roads.

The intersection includes one ramp at the southwest corner, curb and gutter, a striped centerline, and stop signs for the north and southbound movements. One fatal accident occurred at this intersection with a primary collision factor of not following traffic signals and signs.

Visible safety concerns include:
 Worn lane markings and stop bar
 No ramps at three of the corners
 Single ramp at the southwest corner is not ADA compliant  Minimal street lighting (intersection is not well lit)  No crosswalk
 Two‐way stop
Project Description:

A potential project at this site would be making the intersection a four‐way stop, and installing the appropriate signage and striping. This would ensure that vehicles in all directions come to stop at the intersection, making it safer for drivers and pedestrians. Improvements could also include adding streetlighting from E Street to N Street on San Joaquin Avenue, as it appears that residential segment has minimal lighting. A warrant study would need to be prepared to see if this intersection’s traffic would meet the criteria for stop signs. If it does not meet warrants, streets lights and pedestrian facilities, such as RRFBs, could be added.

6.5 Consent Page 51
PETERS ENGINEERING GROUP Page 48
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: J Street Widening and Commercial Entry Improvements Existing Conditions and Project Need:

The Heritage Place Complex entry on J Street consists of large curb returns that feed in and out of the commercial complex, a stop sign and stop bar with directional pavement arrow markings, curb, gutter and sidewalk, and pedestrian ramps. J Street, just adjacent to the entry, consists of two lanes going in both north and south direction with a two‐way left turn lane in between them for southbound drivers to access into Heritage Place. There has been one fatal collision at this entry due to an automobile right‐of‐way violation.

Visible safety concerns include:
 No crosswalk and up to date ADA ramps
 Lack of dedicated right turn lane into Heritage Place  J Street traffic does not stop at entry intersection
 No posted speed limit sign on J Street near Heritage Place Project Description:

A potential project at this site could include widening J Street to include a dedicated right turn lane for a safer entry and to keep the northbound traffic flowing without incidents of vehicles slowing down in the right through lane to enter the complex. The west landscaping of the area of the commercial complex allows the space needed to provide an additional lane. The improvements could also include the installation of an island median at the entry to separate vehicles entering and exiting. Additionally, the improvements would propose to install a ‘Right Turn Only’ sign at the exit onto J Street and have the median position exiting vehicles towards northbound traffic to reduce the factor of vehicles crossing against traffic and through the two‐ way left turn lane that is meant as an access lane for southbound drivers.

6.5 Consent Page 52
PETERS ENGINEERING GROUP Page 49
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: RRFB at Cherry Street and Tulare Santa Fe Crosswalk Existing Conditions and Project Need:

The focused intersection consists of a two‐lane road (Cherry St) that crosses through the Tulare Santa Fe crosswalk. The crosswalk is striped is supplemented with appropriate crosswalk warning signs, ADA pedestrian ramps, and path lanterns. There has been one fatal accident at this location.

Visible safety concerns include:
 Lack of flashing beacon and additional advanced warning signs for crosswalk Project Description:

A potential project could include upgrading the crosswalk by installing rectangular rapid flashing beacon(RRFB), and adding additional advance warning signs for the crosswalk.

Crosswalk striping could also be refreshed to enhance visibility of its location. Additionally, this project could also call for replacing the existing lighting with brighter LED decorative lights.

6.5 Consent Page 53
PETERS ENGINEERING GROUP Page 50
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Roundabout at Tulare Avenue and West Street Existing Conditions and Project Need:

Tulare Avenue and West Street is a signalized intersection with single through lanes, dedicated left and right turn lanes in each direction, bike facilities, updated ADA compliant pedestrian ramps, pedestrian countdown signal heads and pushbuttons, emergency vehicle detection devices, loop detectors, curb, gutter and sidewalk, and drive approaches. The intersection sits adjacent to a gas station, commercial complex, and residential neighborhood, receiving frequent traffic. There have been 33 collisions including one fatal collision within crash data’s studied time frame.

Visible safety concerns include:
 Heavy traffic flow
 Number of collisions suggest that signal timing and phasing could be improved  Lane markings and stencils are worn and barley visible Project Description:

A potential project could include the development of a roundabout at the intersection of Tulare Avenue and West Street. The roundabout would consist of four legs with entries and exits lanes in all directions, improved street lighting, appropriate striping and signage, ADA pedestrian ramps and crosswalks, curb, gutter and sidewalk, and commercial and residential driveways where needed.

6.5 Consent Page 54
PETERS ENGINEERING GROUP Page 51
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Streetlighting Improvements at Spruce Street and Ann Street Existing Conditions and Project Need:

Spruce Street and Ann Street is a residential T‐intersection where Spruce Street’s north and southbound traffic does not stop, and Ann Street has a stop sign and stop bar. The condition of the pavement appears recently improved, as well as its striping. The intersection has two updated ADA compliant ramps at the northeast and south east corners. One fatal accident occurred at this intersection where the condition of the lighting was dark.

Visible safety concerns include:
 Minimal streetlighting along Spruce St (only one at the intersection) Project Description:

Potential improvements for Spruce Street and Ann Street could include installing the streetlighting system along Spruce Street from Ash Avenue to Stockham Avenue so that driving visibility could be enhanced and also would be able to be seen from farther distances at the intersection. This could include replacing the existing wooden poles and electrical overhang wires with steel poles, pull boxes, and underground conduit.

6.5 Consent Page 55
PETERS ENGINEERING GROUP Page 52
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Speed Control at Paige Avenue and Laspina Street Existing Conditions and Project Need:

Paige Avenue and Laspina Street is a large signalized intersection with single through lanes for the north, west, and eastbound directions, dedicated left turn lanes in all directions, and dedicated right turn lanes in the north and eastbound directions. The intersection serves as one of the traffic controlling measures for vehicles exiting and entering SR‐99. There is currently no development around the intersection so the corners only have AC dike installed around the signal poles. Additionally, there are no pedestrian countdown signal heads and push buttons, along with striped crosswalks. The signals include emergency vehicle detections devices and vehicle detection cameras most likely connected to an ITS system. It is notable that the cars speed through this intersection at high speeds, mainly because of the high‐speed limits and failure to reduce the speed limits before approaching the intersection. There has been one fatal accident at Paige Ave and Laspina St due to unsafe speeds passing through the intersection.

Overall, there have been 28 other collisions at this intersection within the crash data’s studied time frame.

Visible safety concerns include:
 Frequent traffic to and from SR‐99
 Speed limits set at highspeed coming into the intersection/ lack of speeding limit signs o Northbound speed limit: 60 MPH
o Westbound speed limit: 45 MPH
o Eastbound speed limit: 50 MPH
o Southbound speed limit: 40 MPH
 Northbound speed changes to 40 MPH (from 60 MPH) more than 1000 ft after passing through the intersection, well near the adjacent houses.

Project Description:

A potential project for improving this intersection would be installing radar feedback speed limit signs to a safer speed for drivers passing through the intersection. The goal would be to place them at appropriate advance warning distances to give enough time for drivers to slow down to the correct speed as they approach the intersection.

6.5 Consent Page 56
PETERS ENGINEERING GROUP Page 53
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Three‐Way Stop at Levin Avenue between O Street and Blackstone Street Existing Conditions and Project Need:

Levin Avenue between O Street and Blackstone Street is a two‐lane road adjacent to several industrial sites on its south side. The segment is accompanied by driveways on its south side where vehicles and industrial semi‐trucks frequently pull in and out. Its north side is an empty dirt lot where the edge of pavement meets. The road’s speed limit is set to 35 MPH for both east and westbound directions however one fatal accident has taken place on this stretch due to unsafe speeding.

Visible safety concerns include:
 Faded centerline striping
 Dirt from empty lot on the north side coats the pavement and makes the striping less visible
 Long straight stretch with no stops makes the segment prone to speeding above the limit
Project Description:

A potential project at Levin Avenue between O Street and Blackstone Street could be installing a three‐way stop mid‐block at the eastern entry of Saputo Cheese USA and ‘Stop Ahead’ signs at the appropriate advanced placement distance. This would force drivers slow down and discourage them to speed past the limit. Additionally, the centerline striping of the road can be restriped as part of the improvements.

6.5 Consent Page 57
PETERS ENGINEERING GROUP Page 54
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Crosswalk Installation at Paige Avenue and Blackstone Street Existing Conditions and Project Need:

Paige Avenue and Blackstone Street is a signalized intersection with single through lanes, and dedicated right and left turn lanes. The signals include emergency vehicles detection devices, vehicle detection cameras, and pedestrian countdown signal heads and push buttons for the south and west crosswalks. The intersection receives frequent traffic from vehicles exiting SR‐ 99 and those entering it. It is also accompanied by industrial and commercial sites at its corners.

There has been one fatal vehicle‐pedestrian collision due to a pedestrian violation which was likely due to the lack of the crosswalks at the north and east legs of the intersection. Overall, there have been 43 documented collisions at Paige Ave and Blackstone Street within the crash data’s studied time frame.

Visible safety concerns include:
 Lack of crosswalk and pedestrian phasing for north and east legs of the intersection Project Description:

A potential project at Paige Avenue and Blackstone Street could include installing striped crosswalks for the north and east legs of the intersection with appropriate pedestrian countdown signal heads and push buttons. This would include, modifying the traffic signals electrical system and phasing to accommodate the addition of the pedestrian heads and push buttons, lane modification, and installation of pull boxes conduit and ADA ramps.

6.5 Consent Page 58
PETERS ENGINEERING GROUP Page 55
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Signal and Geometry Modification at Prosperity Street and Brentwood Street
Existing Conditions and Project Need:

The intersection of Prosperity Avenue and Brentwood Street is a signalized intersection with three through lanes in the east and westbound directions and single through lanes in the north and southbound directions. Each direction also has a dedicated left turn lane. Prosperity Avenue notably has wide island medians that separate the opposing east and westbound drivers. Due to the geometry of the intersection, the median noses most likely prevents either of the left turns to turn at the same time within the signal phase. When it comes to traffic volumes, it is probable this intersection receives frequent traffic as it is surrounded by commercial sites, including a Walmart that the intersection feeds vehicles in and out of. In general, Prosperity is a major street that also collects vehicles entering and exiting SR‐99. There have been a total of 41 collisions at this intersection, including one fatal accident that was a result of violating traffic signals and signs.

Visible safety concerns include:
 Large visible cracks in the pavement that make the road susceptible to pot holes  Geometry of the intersection causes the east and west crosswalks to be skewed instead of perpendicular
 Northeast and northwest corner pedestrian ramps are noncompliant to ADA standards Project Description:

A potential project at the intersection of Prosperity Avenue and Brentwood Street could include modifying the traffic signal to be split phased and installing dedicated right turn lanes in the east and westbound directions to improve the traffic flow. This project could also call for grinding and overlaying the intersection to improve the condition of the pavement and installing ADA compliant ramps at the northeast and northwest corners.

6.5 Consent Page 59
PETERS ENGINEERING GROUP Page 56
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Geometry Modification and Prosperity Avenue and Hillman Street Existing Conditions and Project Need:

Prosperity Avenue and Hillman Street is a signalized intersection accompanied by commercial site on all four of its corners. The intersection’s signals include emergency vehicle detection devices, pedestrian countdown signal heads and push buttons, loop detectors and a connected ITS system. Prosperity’s east and westbound directions have three through lanes and dedicated left turn lanes. Hillman Street consists of single through lanes with dedicated left and right turn lanes. The intersection sits on a curve where Prosperity Avenue’s alignment becomes perpendicular to SR‐99 in the southwest direction. Just as Prosperity Avenue and Brentwood Street, Prosperity Avenue and Hillman Street controls frequent traffic from its surrounding commercial sites and traffic exiting and entering SR‐99. According to the crash data analysis, there have been 92 collisions at this intersection with one of them being severe.

Visible safety concerns include:
 Skewed crosswalks
 Curved geometry can cause confusion which lane to stay in while passing through the intersection
 Southwest lanes that head eastbound are not in‐line nor on the same bearing  Pedestrian ramps are not up to date
Project Description:

A potential project at the intersection of Prosperity Avenue and Hillman Street could include modifying the geometry of the entering and receiving lanes along Prosperity Avenue so that they are along the same alignment, eliminating confusion of which lane to stay in as drivers pass through the intersection. Improvements at this site could also call for reconfiguring the crosswalks so that they are perpendicular and installing updated ADA compliant ramps.

6.5 Consent Page 60
PETERS ENGINEERING GROUP Page 57
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Presignal at Paige Avenue and I Street Existing Conditions and Project Need:

The intersection of Paige Avenue and I Street sits roughly 80 feet west of existing railroad tracks that Paige Avenue crosses over. Just north of the intersection is the Tulare Canal that crosses under I Street and the existing railroad tracks. The intersection is a two‐way stop where drivers going north and south bound on I Street have to stop and yield to crossing traffic on Paige Avenue. There has been a total of 23 collisions at Paige Avenue and I Street within the crash data’s studied time frame.

Visible safety concerns include:
 Poor pavement condition (visible cracks and deterioration)  Minimal street lighting (only one street light at the intersection)  Worn lane striping and stencil markings
 Intersection too close to railroad (queueing from train can prevent vehicles from I Street crossing)
Project Description:

A potential project at Paige Avenue and I Street could include installing a presignal that would accommodate the intersection and railroad east of it. The presignal would improve safety at the intersection by not only providing orderly movements but would prevent railroad crossing queueing from obstructing the intersection. A project of this type would also call for fully reconstructing the intersection to a geometry that would accommodate the presignal and overall improve the pavement within the project area. Appropriate signing and striping would be provided as well. Coordination with Union Pacific Railroad and the California Utilities Commission would be required as part of the project.

6.5 Consent Page 61
PETERS ENGINEERING GROUP Page 58
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Traffic Signal Modification at Bardsley Avenue and E Street Existing Conditions and Project Need:

Bardsley Avenue and E Street is a signalized intersection with single through lanes, dedicated right and left turn lanes, crosswalks, and bike lanes on each leg of the intersection. The signals today include emergency vehicle detection systems, pedestrian countdown signal heads and pushbuttons, and loop detectors. Notably, there is only one signal head on each of the mast arms of the signal poles as each left turn movement is required to yield to opposing traffic.

There has been a total of 41 collisions at this intersection within the crash data’s studied time frame, three of which involved visible injuries.

Visible safety concerns include:
 Unprotected left turns in all direction
 Faded lane and pavement markings
Project Description:

Improvements at the intersection of Bardsley Avenue and E Street could potentially include modifying the traffic signal to provide protected left turn. This would call for installing and additional signal head on each signal mast arm, updating the signal to a 8‐phase cycle, and install electrical equipment and pull boxes as needed.

6.5 Consent Page 62
PETERS ENGINEERING GROUP Page 59
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Traffic Signal at Cross Avenue and Mooney Boulevard Existing Conditions and Project Need:

The intersection of Cross Avenue and Mooney Boulevard is a T‐intersection where vehicles on Mooney Boulevard have to stop and yield to crossing traffic on Cross Avenue. Cross Avenue is a 4‐lane north state highway (SR‐63) so drivers from Mooney Boulevard trying to cross onto the highway may find it difficult especially at peak hours. There is also a crosswalk that crosses over SR‐63 from the southwest corner that takes pedestrians to and from the Tulare Santa Fe Trail.

Cross Avenue appears to be recently improved as there are visible signs of widening and overall pavement improvements. Within the crash data’s studied time frame, there have been 50 collisions at this intersection with one being severe from an automobile right‐of‐way violation.

Visible safety concerns include:
• Crosswalk crossing a highway
• Vehicles are unprotected crossing from Mooney Boulevard • Crosswalk lacks flashing beacon and supplemental warning devices Project Description:

A potential project at the intersection of Cross Avenue and Mooney Boulevard could include installing a traffic signal and widening Mooney Boulevard to provide additional lanes dedicated for right and left turn movements. The signal would also include pedestrian countdown signal heads and push buttons for the crosswalk, emergency vehicle detection systems, vehicle detection cameras, and fiber optic cables for ITS connection. This would overall call for conduit, cables, and pull boxes, controller system for the signal, and appropriate signage and striping. A traffic signal warrant study will need to be prepared to justify the signal for traffic at this location. If the intersection does not meet warrants, alternative improvements could include a RRFB for pedestrian crossing.

6.5 Consent Page 63
PETERS ENGINEERING GROUP Page 60
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Traffic Signal at Bardsley Avenue and Highway 99 Interchange Ramps Existing Conditions and Project Need:

SR‐99’s interchange ramps off of Bardsley Avenue consists of single lane off and on ramps. At the exits and entries, Bardsley Avenue has two through lanes in both east and west directions with dedicated left turn lanes to enter onto SR‐99 north and south. Bardsley Avenue’s crossing traffic does not stop for vehicles exiting and entering SR‐99. The ramp intersections also consist of crosswalks for pedestrians which vehicles exiting and entering SR‐99 also have to yield to.

While taking both north and south bound ramps into account, there have been a total of 27 collisions at Bardsley Avenue and SR‐99, with one of them being fatal due to an automobile right‐of‐way violation.

Visible safety concerns include:
 Vehicles from SR‐99 have to obstruct crosswalk to see crossing traffic in order to cross onto Bardsley Avenue
 Single ramp lanes cause long queues on exiting ramps at peak hours  Crosswalk at the end of exiting highway ramp
 Vehicles are not warned for pedestrians at crosswalk
Project Description:

A potential project at Bardsley Avenue and SR‐99 could include installing traffic signals at the two ramp intersections to improve the safety of crossing traffic to and from SR‐99. Emergency vehicle detections devices, vehicle detection cameras, and pedestrian countdown signal heads and push buttons would be integrated into the signals. The improvements would ensure that the timing of the signals don’t allow long queues in between the two intersections that could obstruct crossing traffic. The improvements would additionally call for appropriate signage and striping, conduit, electrical cables, pull boxes, and a traffic signal controller system.

Coordination with Caltrans will be necessary for this project. Additionally, a traffic signal warrant study will be needed to be prepared to justify installation of a signal.

6.5 Consent Page 64
PETERS ENGINEERING GROUP Page 61
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Traffic Signal at Inyo Avenue (SR‐137) and West Street Existing Conditions and Project Need:

Inyo Avenue and West Street is a four‐way stop intersection adjacent to small commercial sites and residential neighborhoods. Inyo Avenue, also Caltrans‐owned SR‐137, consists of single through lanes passing through the intersection and dedicated right turn lanes. West Street includes single through lanes that pass through the intersection into double lanes, dedicated right turn lanes, and bike lane facilities. The intersection also includes crosswalks on each leg with pedestrian ramps. Within the crash data’s studied time frame, 15 car collisions have occurred at this intersection.

Visible safety concerns include:
 Residential and commercial driveways near the intersection  Faded lane markings
 Minimal streetlighting on Inyo Ave
 Southwest and southeast curb ramps are non‐ADA compliant  Worn pavement (large cracks and potholes)
Project Description:

A potential project at the intersection of Inyo Ave and West St could include replacing its current four‐way stop traffic control with a traffic signal. This would include emergency vehicle detection, vehicle detection cameras, pedestrian countdown signal heads and pushbuttons, and connectivity to the City of Tulare’s ITS system. The project would additionally consist of the installation of conduit, cables and fiber optics, pull boxes and fiber optic boxes, traffic signal controller, appropriate signage and striping, and upgraded ADA ramps. A traffic signal warrant study would need to be prepared to justify the installation of a signal based on traffic, If the intersection does not meet warrants, then other improvements with stop signs can be implemented.

6.5 Consent Page 65
PETERS ENGINEERING GROUP Page 62
Local Roadway Safety Plan (LRSP)
City of Tulare, CA
Potential Project: Crosswalk Upgrade and Sidewalk Installation at Bardsley Avenue and Road 124 (Mission Oak High School)
Existing Condition and Project Need:

The intersection of Bardsley Avenue and Road 124 is a T‐intersection that is Mission Oak High school’s main intersection for controlling in and out vehicles and student pedestrians.

Southbound Road 124 has a stop sign that has to yield to student pedestrian, and crossing vehicles on Bardsley Avenue. Road 124 has a dedicated right and left turn lane for turning onto Bardsley Ave, while Bardsley has a dedicated left turn lane for turning onto Road 124. Students use the crosswalks that are located on the north and west leg of the intersection. Over the course of the studied crash data time frame, there have been 12 property damage collisions.

Visible Safety Concerns:
• Congested intersection
• Not signalized
• Lack of advance warning devices for crosswalk
• Faded lane markings and stencils
• Lack of sidewalk on the south side of Bardsley Ave from Morrison Street and Road 124 Project Description:

A project at Bardsley Avenue and Road 124 could potentially include upgrading the crosswalks by installing flashing beacons, upgraded ADA ramps, new striping, and appropriate signage.

Improvements at this site could also include installing a sidewalk on the south side of Bardsley Avenue from Morrison Street to Road 124 to provide student pedestrian a walking path that connects the neighboring residential area to the school for safer traveling.

6.5 Consent Page 66
Staff Report
Meeting: City Council
Date: November 21, 2023
Department: Community Services
Submitted by: Community Services Director Jason Glick
Agenda Title: Tulare Cares Temporary Encampment Revised Rules and Regulations

RECOMMENDED ACTION
Approve the Tulare Cares Temporary Encampment Revised Rules and Regulations included as Attachment 1 and direct staff to utilize them in association with the operations of the Tulare Cares Temporary Encampment Rules and Regulations.

SUMMARY
On September 20, 2022, City Council approved the purchase of property located at the northeast corner of Walnut Ave and O Street in Tulare (APN 181-070- 062) in the amount of $360,000.00 for the use as a temporary homeless encampment.

On November 15, 2022, City Council approved a contract with AAA security for the temporary encampment not to exceed $141,480.00.

On January 17, 2023, City Council approved the operational guidelines for the Tulare Cares Temporary Encampment.

Item #: 6.6
Consent

6.6 Consent Page 1
• On-Site Security Guard (Daily from 6:00 p.m. to 5:00 a.m.). • Tulare Parks and Recreation monitoring and full-time staffing. • Within 96 hours of the initial intake, City staff will alert an available Case Manager to conduct outreach and attempt a full assessment and enrollment into the Coordinated Entry System Enrollment. Assignment in this regional system is the first step for someone to receive ERF case management and housing navigation services. • Parks and Recreation staff will complete an intake packet which captures personal information, provides an overview of facility guidelines, and establishes appropriate permission for information sharing between the City and third-party organizations. • A limit of one service animal or companion pet will be accommodated per campsite.

Guests are expected to keep their pet secure at all times and will also be expected to clean up after their animals. In addition, owners of loose animals may be subject to a termination of access.
• Vehicles are limited to one per campsite per occupant. Overnight parking permits for guests will be issued for vehicles parked inside the temporary encampment parking lot.

Sleeping overnight at the temporary encampment parking lot is prohibited. • Fires are restricted to designated barbecue grills only. Wood and charcoal are the only acceptable items allowed to burn in designated barbecues. No burning of trash or debris is allowed.
• Termination of Access:

City of Tulare staff will have reasonable time to investigate the incident. Once all information has been identified, City of Tulare staff will come together and make a decision to terminate access of the participant or what the consequences will be. No

6.6 Consent Page 2
participant’s access shall be terminated immediately unless the Tulare Police Department is involved and deemed it necessary to keep other participants safe.

If it is deemed that a termination of access will be enforced, the participant will be given the opportunity to appeal the termination. The participant will be given a Termination of Access Notification form which will indicate the appeal process. The City of Tulare staff will have a reasonable amount of time to make a determination on the appeal, but typically within ten days.

The complete document is included as Attachment 1 to this staff report for City Council review.

Staff recommends approval of the revised Tulare Cares Temporary Encampment Operations Addendum No. 1.

FISCAL IMPACT & FUNDING SOURCE(S)
A variety of funding sources will be utilized to operate and service the facility.

LEGAL REVIEW
The Tulare Cares Temporary Encampment Operations Addendum No. 1 has been reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – Modify the Operating Guidelines and direct staff to implement the document inclusive of the revisions.

2. Deny – Do not move forward with approving the Operating Guidelines Amendment and cease to support establishment and operation of the temporary encampment.

3. Table – Direct staff to research additional material associated with Operating Guidelines and return with the results, which would delay the opening of the temporary encampment.

ATTACHMENTS

1. Tulare Cares Temporary Encampment Rules and Regulations Reviewed/Approved:

6.6 Consent Page 3

Page 1 of 9 ends

TULARE CARES

TEMPORARY ENCAMPMENT AREA
Rules and Regulations 2023
(As Amended 11-1-23)03-07-23)
The Tulare Cares Temporary Encampment is a City of Tulare-sponsored area intended to increase the safety and health of individuals (herein referred to as guests) in our community experiencing homelessness. A series of initiatives and services are offered to guests voluntarily choosing to camp at the identified site, all designed to address our several guests immediate and critical needs of guests., Depending on availability, guests may while at the same time working to empower our guests with utilize the other tools that they need to navigate their way back to a healthy and productive life and become self-sufficient.

Tulare Cares is located at the northeast corner of South “O” Street and East Walnut Avenue. It provides guests with a safe, accommodating, and well-managed temporary encampment area. This dedicated space for guests may also create relief for downtown businesses, public works, law enforcement, parks and trails as well as public spaces such as sidewalks and alleyways so that these places may be used for their intended purposes.

Overview
Tulare Cares is designed to provide a safe camping area for guests with access to basic amenities including running water, restrooms, multi-day food and hygiene service, communal areas, and storage, as well as access to Case Managers, a mobile care clinic, and team of social service workers and substance abuse staff. Guests, along with their pets, started utilizing this space “by invitation only” on January 25th, 2023.

Tulare Cares is open 24 hours a day, seven days a week. New gGuests are required to give staff a full name and a date of birth to help verify Tulare residency. A new guest must have Tulare residency over the past two years. register to camp and receive access to services. City of Tulare Parks and Recreation staff is responsible for monitoring the occupancy level to ensure the total tent population does not exceed 167 135 and the total population stays under 180 (not including double occupancy). Parks

6.6 Consent Page 4 ATTACHMENT 1

Page 2 of 9 ends

and Recreation staff is also responsible for the encampment’s operations, and is supported by security personnel. Check-in hours are Monday through Friday every other Wednesday from 9:00am to Noon, with variances allowed for those who work or have other verifiable appointments.

This facility is intended to accommodate individual tents which are provided by the City, no personal tents are allowed.

In addition, each guest wishing to stay at the encampment will be asked to sign a Good Neighbor Agreement which will outline expectations for behavior and consequences if expectations are not met. Each guest will be expected to provide volunteer service at the encampment to help keep it clean and tidy, depending on circumstances and capability.

Facilities
The site offers a number of facilities for guest use, including portable toilets, tents, and hand washing stations on site, with showers available to guests generally three (37) days per week. We offer one meal per day that is coordinated by Salt and Light. The facility It also has electrical outlets, picnic tables, trash bins, trash receptacles and storage facilities for personal items, as well as some parking for vehicles located across South “O” Street. Pets are required to be kept at their owners’ assigned tent area and only one two pets per camp site are permitted. Pets are required to remain on leashes or tethered at all times. Garbage collection service is also provided five days per week.

Staffing
Tulare Cares provides the following staffing levels for organizational purposes however personal security is not guaranteed:
• On Site Security Guard (Daily from 6:0010:00pm to 56:00am) • Part Time Case Managers
• Tulare Parks and Recreation Monitoring and full time staffing • Tulare Police Department Patrols
• Tulare Code Enforcement Patrols
• ERF Contractors perform outreach and services coordination Case Managers with community based organizations will maintain a caseload, which includes guests of the temporary area and provide referrals to available social, medical and behavior health services while implementing a housing plan. A part-time professional case manager will administer the mental health referral support system.

Tulare Cares is committed to working with other organizations on getting guests unhoused individuals into housing and providing the support they need as they work toward self-sufficiency.

Transportation

6.6 Consent Page 5

Page 3 of 9 ends

Transportation is generally not provided to guests of the encampment. However, in limited circumstances, and subject to resource/staff availability, some limited transportation services for guests will be made available on an as needed, issuespecific basis.

Accountability Partner Program
The Tulare Cares es Accountability Partner Program is a encampment area began receiving unhoused people from Tulare in late January 2023. All people program all guests of the who are registered as a guest of the facility are immediately enrolled in undergo a basic intake process when they join the facility. and may utilize a mix of services through the City’s ERF project. Outside of basic amenities, an Integrated Services Team with County Health and Human Services Agency, as well as, Case Managers from three (3) community based organizations work to assess guests’ needs and offer referrals to social, behavioral, and physical health services. To maintain a decent quality outreach and services coordination, ERF Case Managers and other providers seek to maintain caseloads of 30 or less people/ guests. City staff from several departments play an important role through daily operations to The program helps ensure that guests feel welcomed, safe, and connected and are given access aware of to resources available to assist them in securing services and housing. achieving permanent housing, medical, psychiatric and addiction services in an efficient manner.

Upon entering the Tulare Cares facility, Each interested and eligible person each guest is required to participate in an intake process, performed by Tulare Parks and Recreation staff. The intake process includes the following:
• Parks and Recreation staff will complete an intake packet, which captures personal information, provides an overview of facility guidelines, and establishes appropriate permission for information sharing between the City and third part organizations • Within 96 hours of the initial intake, City staff will alert an available part time Case Manager to will provide that guest with assessment review. conduct outreach and attempt a full assessment and enrollment into the Coordinated Entry System Enrollment. Assignment in this regional system is the first step for someone to receive ERF case management and housing navigation services. •
• An ERF Case Manager The Case Manager will identify any barriers which the person has identified (No Identification, Transportation etc.) and refer that person to other available providers .on to the Accountability Partner Team. •
• An ERF Case Manager will attempt a minimum of The team member and the guest will have a weekly meetings with guests to review their progress on receiving services, gathering documentation, and implementing their housing plan. the accountability plan.

6.6 Consent Page 6

Page 4 of 9 ends

Case managers will be responsible for assisting the guest in a manner that does not allow a guest to feel unconnected to service providers, provides a sense of community and attempts to identify and find solutions to any possible gaps in services.

Homeless Outreach Team
Tulare Cares provides a Homeless Outreach Team. The Team is made up of HALO (Homeless Assistance Liaison Officers) Tulare Code Enforcement and the Tulare Police Department and the Community Services Department.

The Team is specially trained to respond to calls placed by the community, City or other service providers who may be or unaware of the services they can access. • The primary goal is to provide the community with an immediate response when issues associated with unhoused individuals are identified. • The Team also aids emergency service providers having to deal with noncriminal nuisance complaints. On a limited basis, and as staffing/resources are available, the Team provides safe transportation for the guest to sheltering encampment service providers.
• The Team is intended to provide the City’s unhoused population with trained individuals that are immediately aware of available resources. directly effecting their immediate needs.
• The Team always emphasizes treating guests with dignity and respect.

The Team Non-Emergency Line is:
(559) 684-4290 or 687-2288
The Team Emergency Line is:
911

6.6 Consent Page 7

Page 5 of 9 ends

Policies and Procedures
The Tulare Cares service delivery model emphasizes the provision of some the basic needs. to guests in order to get them off the streets. It prioritizes the provision of at least basic needs FIRST so that unhoused individuals can more easily access other services (i.e. housing programs, substance use treatment programs, mental health support programs). In practice, this means guests will be encouraged to participate in available programs but will not be required to do so.

The following standards have been established for guests of the facility:
• Sobriety is not required for a guest to stay at the site. However, no illegal drug use is allowed on the premises at any time.
• Each guest that comes to the facility will have a formal intake and registration interview with a Tulare Parks and Recreation member, but will not be denied service if they simply do not have a valid ID.
• Couples will be able to stay together at a single campsite. • Campsites are limited to two occupants.
• Guests are prohibited from relocating or changing their designated campsite without the consent of the City.
• Guest personal items must remain within their 12’ x 15’ campsite or within a designated storage area. All other personal items found outside of these areas will be removed and disposed.
• No tents or other habitable structures are allowed within 10’ of a fire pit. • The City will provide one tent per campsite. Tents will remain the property of the City the use of which is granted to each guest, who is responsible for maintaining the tents in good repair and on the facility premises at all times unless otherwise noted.
• Fires are restricted to designated barbecue grills only. areas including City established fire pits and barbecue grills. Wood and charcoal are the only acceptable items allowed to burn in designated fire pits or barbecues. No burning of trash or debris is allowed.
• Limited storage space is available for guest use, although the City does not guarantee the security of any stored personal items.
• A limit of one two service animals or companion pets will be accommodated per campsite. Guests are expected to keep their pets secure at all times and will also be expected to clean up after their animals. In addition, owners of loose animals may be subject to a termination of access.
• City will provide a 4’ dog leash and stake or tether (one two per campsite) • All guests of the facility must meet the Federal Department of Housing and Urban Development’s definition of Homeless, or they will not be allowed to stay at the facility.
• Overnight visitors are prohibited.
• All guests must be age 18 or older.

6.6 Consent Page 8

Page 6 of 9 ends

• The City does not provide medical services to guests. Individuals must be ambulatory and not require hospital or nursing home care (i.e. be able to care for their own medical conditions.
• The City strictly maintains a policy of non-violence. Any individuals that engage in violent behavior at the facility will be subject to a termination of access. immediately removed and permanently banned from the facility. • All guests must agree not to use or sell drugs or any illegal substances on the premises. Any individual found to have used or sold drugs or any illegal substances will be immediately removed and permanently banned from the facility.
• Consumption of alcohol or cannabis that leads to drunken or disorderly behavior will not be tolerated and may be grounds for removal. Alcohol and cannabis may only be consumed at your assigned tent location. The consumption of alcohol or cannabis is not permitted in any common areas.
• All guests must agree to treat other guests, staff and the property with appropriate respect. Guests found by City staff to be consistently disrespectful to other guests, may be subject to a termination of access. staff or the property will be immediately removed and permanently banned from the facility. • Vehicles are limited to one per campsite per occupant. Overnight parking permits for guests will be issued for vehicles parked inside the temporary encampment parking lot. Sleeping overnight at the temporary encampment parking lot is prohibited.
• Deliberate damage to City owned property is strictly prohibited and will not be tolerated.
• No overnight sleeping is permitted in vehicles.
• All guests must agree to obey fire and all other safety regulations. • No flammable or combustible gases, liquid, propane, or any other types of fuel are permitted to be stored or used onsite. No portable heater inside tent structures, either battery, solar or fuel powered.materials are permitted. • The facility is intended to first accommodate individuals who are currently participating in the City’s Encampment Resolution Funding (ERF) grant program.

If, after all ERF recipients have been accommodated, and assuming there is additional space available, then new guests may be permitted in accord to these revised rules and regulations. Additional guests will be permitted Monday through Friday from every Wednesday morning from 9AM-12PM until the Tulare Cares Temporary Encampment reaches a maximum capacity of 180 135.

Rules of Conduct
Guests must agree to follow three five (3) community standards of behavior. No Criminal activity will be tolerated.

This includes:

6.6 Consent Page 9

Page 7 of 9 ends

• No violence toward yourself or others
• No illegal substances or paraphernalia on the premises or within a two-block radius
• No stealing
The rules are enforced on a "one-strike-and-you're-out basis" and all guests agree when they move in to leave voluntarily if found in violation of these rules. There is no time-limit to any guests stay as long as they are able to follow the community standards of behavior. However, it is understood that the facility is intended to be closed and all guests transferred to the Tulare Homeless Shelter once completed.once completed which is anticipated by Spring 2024.

Responsibilities of guests include:
• Guest that are assigned Visiting with case case managers need to meet on a weekly basis
• Actively participate in community cleaning and trash pick-up every week. • Be respectful of other guests, City staff, volunteers and service providers. • Participate in the bi-weekly encampment meetings.

There are varying lengths of bans from the community for violating the rules. The City will also consider working with up to three "elected arbitrators", who will be responsible to work with guests who don't follow the Rules of Conduct described above.

A tent-coordinator is the spokesperson for the tent and liaison with the encampment manager. Other guests will take turns at the intake desk and share responsibility of orienting new guests. There is also a donations coordinator, who is a guest responsible for logging and distributing donations equitably. The encampment manager must approve all donations prior to them being accepted. Donations will only be accepted at an agreed upon date / time which will be clearly posted.

Termination of Access
The City of Tulare believes that everyone deserves the opportunity to live in a safe and comfortable environment. Living in a community presents certain challenges and safety needs to be priority. The following procedures should be followed when a participant needs to have their access terminated from the facility/property.

If any of the following behaviors are present, the City of Tulare Staff should conduct an investigation to determine if there is a need to conclude services of a participant and terminate access:
• Threats of acts of violence
• Verbal abuse, discrimination, harassment, and/or intimidation • Theft
• Defacing or destroying property
• Illegal activities on or near the facility/property
• Use of illegal drugs
• Repeated reminders (verbal or written notices) of our guidelines

6.6 Consent Page 10

Page 8 of 9 ends

While the investigation is being conducted, if the participant needs to move to a different tent, City of Tulare Staff on duty should make this accommodation.

City of Tulare Staff will have reasonable time to investigate the incident. Once all information has been identified, City of Tulare Staff will come together and make a decision to terminate access of the participant or what the consequences will be. No participant’s access shall be terminated immediately unless the Tulare Police Department is involved, and deemed it necessary to keep other participants safe.

If it is deemed that a termination of access will be enforced the participant will be given the opportunity to appeal the termination. The participant will be given a Termination of Access Notification form which will indicate the appeal process. The City of Tulare Staff will have a reasonable amount of time to make a determination on the appeal, but typically within ten (10) days.

Term of Stay
There will be no specified time limit on guest stays, however all guests are expected to relocate to the emergency shelter and/ or other housing options once available.

General Security & Safety
Risks to clients, staff, volunteers, neighbors and property owners are of equal concern to the City - and we will continually evaluate and systematically address issues of risk.

Concerns linking crime and safety risks with the unhoused population have been expressed in the past.

The City is dedicated to addressing these concerns through productive community dialogue, partnership and responsive agency practices. Through implementation of the Tulare Cares "Good Neighbor" policy and the use of best management practices, the City will work to mitigate the off-site impacts of the encampment site. A 500-foot buffer zone has been established around the site, within which there is no drugs or abusive language allowed. This buffer zone in enforced through the deployment of City HALO team members to patrol the area as well as provision of a 24-hour hotline for neighbors to call when issues arise.

For General Information during business hours please call:
559-684-4310
For General Information after hours & non-emergency’s calls please call:
559- 687-2288
For an Emergency please call:
911

6.6 Consent Page 11

Page 9 of 9 ends

Outside Services & Community Partners
This encampment area is filling an identified gap for unhoused individuals in the City of Tulare. In addition, participation in the ERF Grant provides a four (4) hour period of access to Tulare County Health and Human Services Agency staff, chemical dependency and substance abuse programs, housing programs and many more.

In addition to the agencies and programs identified above, the City works in close coordination with Community Health Centers and Faith Based Organizations to move people into their respective rapid-rehousing programs as well. These Case Managers from organizations including the Kings Tulare Homeless Alliance, Kings View, and Salt and Light service providers also provides food, water, and palliative supplies at the encampment on at designated times of day, subject to staffing/resource availability.

Getting people in the door is the key for moving people through stages of recovery.

6.6 Consent Page 12
Staff Report
Meeting: City Council
Date: November 21, 2023
Department: City Attorney
Submitted by: Mario U. Zamora
Agenda Title: Fire Department Memoranda of Understanding

RECOMMENDED ACTION
Approve the enclosed MOUs for Division Chief Group, Non-Management Bargaining Group, and Management Bargaining Group.

SUMMARY
The City has been in negotiations with the three groups for the Fire Department. Below is a summary of the major changes in the MOUs:

1. Salary:

Division Chiefs (1 year term) - 4% for FY2023-2024
Management (2 year term) - 9% for FY2023-2024 and 9% for FY2024-2025 Non-management (2 year term) - 10% for FY2023-2024 and 11% for FY2024-2025

2. 2 hours of straight time to members of the Investigations Unit for every day on stand-by when off duty and not called in to investigation an incident.

3. 5% specialty pay for those members who are assigned to the Investigations Unit at the discretion of and approval from the Fire Chief.

4. 5% specialty pay for those members who maintain their paramedic certification at the discretion of and approval from the Fire Chief.

5. A future worker’s compensation carve out program to be discussed at a later date by the parties.

6. Various other operational changes as suggested by the Fire Chief.

FISCAL IMPACT & FUNDING SOURCE(S)
Estimated fiscal impact for Management and Non-Management is $900,000 this FY. Estimated fiscal impact for Division Chiefs is $77,000 this FY. The source of both is the General Fund.

LEGAL REVIEW
The City Attorney has reviewed and drafted the enclosed MOUs.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Item #: 6.7
Consent

6.7 Consent Page 1

ATTACHMENTS

1. MOU between the City of Tulare and the Tulare Fire Chief Officer Group (clean version)

2. MOU between the City of Tulare and the Tulare Fire Chief Officer Group (redline version)

3. MOU between the City of Tulare and the Tulare City Professional Fire Fighters Association Management Bargaining Group (Fire Captains) (clean version)

4. MOU between the City of Tulare and the Tulare City Professional Fire Fighters Association Management Bargaining Group (Fire Captains) (redline version)

5. MOU between the City of Tulare and the Tulare City Professional Fire Fighters Association Non‐ Management Bargaining Group (clean version)

6. MOU between the City of Tulare and the Tulare City Professional Fire Fighters Association Non‐ Management Bargaining Group (redline version)
Reviewed/Approved:

6.7 Consent Page 2

MEMORANDUM
OF

UNDERSTANDING
Between the City of Tulare and
Tulare Fire Chief Officer Group
Effective Date: July 1, 2023 through June 30, 2024
Approved by Council:

6.7 Consent Page 3 ATTACHMENT 1

MEMORANDUM OF UNDERSTANDING
July 1, 2023 through June 30, 2024

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE
AND

THE TULARE FIRE CHIEF OFFICER GROUP
I. RECOGNITION ................................................................................................................. 1 II. PURPOSE ........................................................................................................................... 1 III. NON-DISCRIMINATION ................................................................................................. 1 IV. MAINTENANCE OFBENEFITS ...................................................................................... 1 V. CITY AUTHORITY ........................................................................................................... 1 VI. EMPLOYEE RIGHT TO REPRESENTATION ................................................................ 2 VII. AVAILABILITY OF RULES AND REGULATIONS ...................................................... 2 VIII. WORK ACCESS AND EMPLOYEEINFORMATION .................................................... 2 IX. NOTICE OF CHANGE OF WORK RULES ..................................................................... 2 X. SALARY............................................................................................................................. 2 XI. SEVERABILITY ................................................................................................................ 2 XII. FURTHER NEGOTIATION .............................................................................................. 2 XIII. PROVISION REGARDING AMERICANS WITH DISABILITIESACT ........................ 3 XIV. TERM ................................................................................................................................. 3 XV. COMPENSATION AND HOURS ..................................................................................... 3 A. APPLICATION OF SALARY RANGES AND RATES ............................................. 3

1. Promotion ................................................................................................................ 3

2. Differential .............................................................................................................. 3 B. STANDARD WORK PERIODS .................................................................................. 4

1. Fire Department Non-Shift personnel or staff positions ......................................... 4 C. EXCEPTIONS TO STANDARD WORKPERIODS ................................................... 4 D. COMPUTATION OF SALARY ................................................................................... 4 E. OVERTIME POLICY: DEFINITION .......................................................................... 4 F. OVERTIME COMPENSATION: ................................................................................. 4

1. General Provisions .................................................................................................. 4 G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE .................... 5 H. OVERTIME CONDITIONS: LOCAL PERIL ORDISASTER ................................... 5 I. DEDUCTIONS ............................................................................................................. 5 J. PAID HOLIDAYS ........................................................................................................ 5

2. Fire Shift Personnel................................................................................................. 6

3. Paid Days in Lieu of Holidays at Termination ....................................................... 6 K. COMPENSATION FOR WORK ON PAIDHOLIDAYS ........................................... 6 L. COMPENSATION DURING ATTENDANCE OF A TRAININGCOURSE
DURING VACATION, HOLIDAYS, DAY OFF ........................................................ 7

1. Holidays .................................................................................................................. 7

2. Vacations................................................................................................................. 7

3. Days Off or Off Duty Shifts .................................................................................... 7 M. MANAGEMENT LEAVE ............................................................................................ 7

6.7 Consent Page 4
N. EDUCATION AND CERTIFICATION INCENTIVEPROGRAM ............................ 7 O. SICK LEAVE COMPENSATION ............................................................................... 8

1. Upon Retirement ..................................................................................................... 8 P. COMPENSATION FOR FRACTIONS OF HOURSWORKED................................. 9 Q. RETIREMENT COMPENSATION ............................................................................. 9

1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENTSYSTEM ..... 10

2. PERS SURVIVOR BENEFIT .............................................................................. 10 R. BILINGUAL PAY ...................................................................................................... 10 S. DEFERRED COMPENSATION ................................................................................ 10 T. UNIFORM ALLOWANCE ........................................................................................ 10

1. Regular Employees of the Fire Department.......................................................... 10

2. Additional Uniforms and Uniform Allowance Procedures ................................... 10 U. MINIMUM STAFFING ............................................................................................. 11 XVI. ANNUAL VACATION LEAVE ...................................................................................... 12 A. PURPOSE OF ANNUAL VACATION LEAVE ....................................................... 12 B. ELIGIBILITY FOR ANNUAL VACATIONLEAVE ............................................... 12

1. Regular, Regular Part Time, Probationary and Temporary Employees: .............. 12 C. ACCRUAL OF ANNUAL VACATIONLEAVE ...................................................... 12

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel............... 12 D. ACCUMULATION OF ANNUAL VACATIONLEAVE ......................................... 12

1. Fire Management .................................................................................................. 12 E. SCHEDULING OF VACATION LEAVE ................................................................. 12 F. WORKING DURING ANNUAL VACATIONLEAVE ........................................... 12 G. HOLIDAYS WITHIN VACATIONLEAVE ............................................................. 13 H. ILLNESS WITHIN VACATION LEAVE ................................................................. 13 I. PAYMENT OF ANNUAL LEAVE UPONTERMINATION ................................... 13 J. EFFECT OF EXTENDED MILITARY LEAVE ....................................................... 13 XVII. SICK LEAVE ................................................................................................................... 13 A. STATEMENT OF POLICY ....................................................................................... 13 B. ELIGIBILITY FOR SICK LEAVE ............................................................................ 13

1. Regular, Regular Part Time, Probationary and Temporary Employees ................ 13 C. ACCRUAL OF SICK LEAVE ................................................................................... 13

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ......................... 13

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel ................. 14 D. ACCUMULATION OF SICK LEAVE ...................................................................... 14

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel ........... 14 E. HOLIDAYS WITHIN SICK LEAVE ......................................................................... 14 F. USAGE OF SICK LEAVE ......................................................................................... 14 G. DEDUCTION OF SICK LEAVE ............................................................................... 14 H. VERIFICATION OF SICK LEAVEUSAGE ............................................................ 14 I. SICK LEAVE COMPENSATION UPONTERMINATION ..................................... 14 J. SICK LEAVE COMPENSATION UPONRETIREMENT ....................................... 14 K. WORKERS COMPENSATION ................................................................................. 15

1. Fire Department Personnel ................................................................................... 15 L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION BENEFITS .................................................................................................................. 16

6.7 Consent Page 5
M. EMPLOYEEREHABILITATION ............................................................................. 16 XVIII. OTHER LEAVES OF ABSENCE .................................................................................... 16 A. LEAVE OF ABSENCE WITHOUT PAY .................................................................. 16

1. Approval of Department Head .............................................................................. 16

2. Approval of City Manager .................................................................................... 16 B. ABSENCE WITHOUT LEAVE ................................................................................. 16 C. LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATEFAMILY ............ 16 D. MATERNITY ............................................................................................................. 17 E. EMPLOYEE'S TIME OFF TO VOTE ....................................................................... 17 F. JURY DUTY: LEAVE OF ABSENCE ...................................................................... 17 G. SUBPOENAS: LEAVE OF ABSENCE ..................................................................... 17 H. LEAVE FOR ATTENDANCE AT INDUSTRIALACCIDENT COMMISSION HEARING OR RELATED PHYSICALEXAMINATIONS ..................................... 17 I. BEREAVEMENT LEAVE ......................................................................................... 17 J. EDUCATIONAL LEAVE .......................................................................................... 18 XIX. TERMINATION: LACK OF WORK OR FUNDS .......................................................... 18 XX. DISCIPLINARY PROCEEDINGS................................................................................... 18 A. DISCIPLINARY ACTION:DEFINITION ................................................................ 18 B. CAUSES FOR DISCIPLINARY ACTION ................................................................ 18 C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BETAKEN ................... 19 D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION ........... 19 E. IMPOSITION OF DISCIPLINARYACTION ........................................................... 20 F. EXTRAORDINARY CIRCUMSTANCES ................................................................ 20 G. RIGHT OF APPEAL .................................................................................................. 20 H. RIGHT OF APPEAL: HEARING .............................................................................. 20 I. RIGHT OF APPEAL:REPRESENTATION ............................................................. 20 J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR ............................ 20 K. RIGHT OF APPEAL: DECISION ............................................................................. 21 L. EFFECT OF DISCIPLINARY ACTIONS ................................................................. 21

1. Oral Reprimand ..................................................................................................... 21

2. Written Reprimand ................................................................................................ 21

3. Disciplinary Probation .......................................................................................... 21

4. Suspension ............................................................................................................ 21

5. Salary Reduction ................................................................................................... 21

6. Discharge .............................................................................................................. 21 M. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARYACTION AGAINST MUNICIPAL EMPLOYEES ................................................................... 21 N. INFORMAL COUNSELING WITH THE CITY MANAGER ................................. 22 O. NON-APPLICABILITY ............................................................................................. 22 XXI. MISCELLANEOUS ......................................................................................................... 22 A. REPORTS OF CHANGE OF STATUS ..................................................................... 22 B. DAMAGE CLAIMS ................................................................................................... 22 C. GRATUITIES ............................................................................................................. 22 D. OUTSIDE EMPLOYMENT ....................................................................................... 22 E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITYBUSINESS ..................................................................................................................................... 22

6.7 Consent Page 6
F. CONFLICT OF INTEREST ....................................................................................... 23 G. DAMAGED EQUIPMENT REVIEWCOMMITTEE ............................................... 23

1. Fire Department .................................................................................................... 23 H. PERSONNEL FILES .................................................................................................. 23 I. POSITION RECLASSIFICATION ............................................................................ 23

1. Position Reclassification ....................................................................................... 23

2. Classification Analysis.......................................................................................... 23

3. Appeals ................................................................................................................. 23 J. EMPLOYEE ASSISTANCE PROGRAMPOLICY .................................................. 24 K. FLEXIBLE BENEFITS PROGRAM.......................................................................... 24 L. VEHICLE USE POLICY ............................................................................................ 24 M. WELLNESS PROGRAM ........................................................................................... 24 N. STATION ASSIGNMENT POLICY.......................................................................... 24 XXII. INSURANCE .................................................................................................................... 25 A. HEALTH, DENTAL, AND VISION .......................................................................... 25 B. INSURANCE - LIFE .................................................................................................. 26 C. INSURANCE – DISABILITY ................................................................................... 26 Side Letter #1 Regarding Additional Discussion & Study of Compensation Study .................... 29

6.7 Consent Page 7
I. RECOGNITION
The City acknowledges the Tulare Fire Chief Officer Group as the recognized employee organization representing the sworn Chief Officers in the Tulare Fire Department excluding the Fire Chief.

II. PURPOSE
It is the purpose of this Memorandum of Understanding, entered into pursuant to the Meyers-Milias-Brown Act of the California Government Code, Sections 3500 through 3510, to promote and provide for harmonious relations, cooperation and understanding between the City and the employees covered herein, to provide for an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum and to set forth the understandings of the parties reached as a result of good faith bargaining.

The articles and provisions contained herein constitute a bilateral and binding Agreement by and between the City of Tulare and the Tulare Fire Chief Officers, upon ratification of the Tulare City Council.

III. NON-DISCRIMINATION
The City agrees to act pursuant to section 3502 of the Government Code relative to employee rights to representation. No employee shall be intimidated, coerced, restrained or unlawfully discriminated against because of the exercise of these rights. The provisions of the Memorandum shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, age, sex, national origin, political or religious affiliation.

IV. MAINTENANCE OFBENEFITS
The City and the Tulare City Professional Fire Fighters Association Chief Officers agree to meet and confer on any proposed changes to Title I, Chapter 14, Sections 1-13 of the City Code of Tulare, California and Resolution No 2537, Rules and Regulations for the Administration of the City of Tulare Merit Personnel System which may have a direct impact on employees represented by the Tulare Fire Chief Officer Group within thirty (30) days upon written request of either party throughout the term of this Memorandum of Understanding.

V. CITY AUTHORITY
The City shall retain all legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include, among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel of which governmental; operations are to be concluded; take all necessary actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

Participation by an employee in this bargaining unit in a strike or work stoppage is governed by California Labor Code Section 1962. The Group and its members, officers and representatives agree that they will not cause or condone any strike, slow down, or sick out during

6.7 Consent Page 8
the term of this Agreement.

VI. EMPLOYEE RIGHT TOREPRESENTATION
Any regular employee has the right to representation by a person of his/her choice at a proposed disciplinary proceeding and at meetings that may have a negative impact on the employee's employment relationship with the City of Tulare. If such a meeting is set, the employee shall be notified of same and of their rights under this section.

VII. AVAILABILITY OF RULES AND REGULATIONS
It shall continue to be the policy of the City to provide at least one current copy of Resolution No. 2537 (Rules and Regulations for the Administration of the City of Tulare Merit Personnel System) at each departmental or divisional office. A copy of said document shall be available and may be loaned to any employee who so requests. At these same locations, the City shall post information regarding job openings.

VIII. WORK ACCESS AND EMPLOYEEINFORMATION
The Group may have access to work locations for the posting of employee information, investigation of employee grievances, for representation of employees at grievance and disciplinary hearings and during non-work times for discussions with employees of issues and events when approved by the Personnel Officer. A reasonable number of locations for posting employee information shall be made available by the City. Copies of materials to be posted shall be sent to the Personnel Officer.

IX. NOTICE OF CHANGE OF WORK RULES
Except in cases of emergency when the City determines that it must act immediately, the City shall give the Group reasonable notice of any ordinance, rule, resolution or regulation affecting the Group or represented employees and directly relating to matters within the scope of representation proposed to be adopted by the City Council.

X. SALARY
Salary increases provided during the term of this Memorandum of Understanding shall be 4% increase effective the first full pay period in July 2023.

In the future the following cities will be surveyed for total compensation comparisons:

Bakersfield, Clovis, Dinuba, Fresno, Hanford, Porterville, and Visalia.

XI. SEVERABILITY
If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Memorandum or the application of such provision to persons or circumstances other than those as to which is held invalid shall not be affected thereby and both parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement for such invalidated provision.

XII. FURTHER NEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other its written request to

6.7 Consent Page 9
commence negotiations.

XIII. PROVISION REGARDING AMERICANS WITH DISABILITIESACT Because the American with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement may be disregarded in order for the City of Tulare to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

The Tulare Fire Chief Officer Group recognizes that the City of Tulare has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Tulare Fire Chief Officer Group will be notified of these proposed accommodations prior to implementation by the City of Tulare of any accommodation impacting the terms and conditions of employment of employees covered by this MOU.

Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

XIV. TERM
Unless specified otherwise herein, the provisions of the Memorandum of Understanding become effective July 1, 2023 shall continue through and including June 30, 2024. The parties agree to reopen the meet and confer process for further discussion on or after March 1, 2024 except as to issues subject to additional discussion as stated herein.

XV. COMPENSATION AND HOURS
A. APPLICATION OF SALARY RANGES AND RATES

1. Promotion
Any employee receiving a promotion shall start at the first step of the salary range of the class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary is equal to or exceeds the first step of the class to which he/she is promoted. In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of approximately a 5 percent and not to be less than 4 percent increase in salary.

2. Differential
There shall be a minimum of 15% salary differential between “E Step” base salary of lowest chief officer rank and the rank of fire captain. There will also be a 15% separation between the ranks of chief officer. It is agreed that any differential pay for performing Paramedic duties shall not be included in the calculation of base salary for the purpose of this provision. For Chief Officer Classifications that have both a 40-hour and 56-hour assignment, Chief Officers working in a forty hour work week capacity will be compensated seven percent (7%) Non Shift Differential.

6.7 Consent Page 10
B. STANDARD WORK PERIODS
The standard work period for city employee shall be as follows:

1. Fire Department Non-Shift personnel or staff positions The standard work period for non-shift or staff positions represented by this bargaining unit shall be forty (40) hours per week.

2. Fire Department Shift Personnel
The standard FLSA section 7(k) work period for shift personnel in the Fire Department shall be a 24-day work period based on a 48/96 work schedule which begins with the start of the A shift 48/96 schedule.

C. EXCEPTIONS TO STANDARD WORKPERIODS
The City Manager is hereby authorized to designate other work periods to other employees when, in his opinion, the best interests of the city may be served by such adjustment of standard work periods and hours. The procedure for making adjustments in the standard work period in hours shall be consistent with provisions of Section 3504.5 of the Government Code.

D. COMPUTATION OF SALARY
Salaries for all authorized city positions are set forth in the City Compensation Plan.

Conversion of monthly salaries to hourly rates shall be determined by dividing the monthly salary by 173.333 for non-shift employees and for twenty- four (24) hour shift employees the monthly salary shall be divided by 242.666 based on a 56 hour work week.

E. OVERTIME POLICY: DEFINITION
It is the policy of the City of Tulare that overtime work be kept to the minimum consistent with the protection of life, property and the efficient operation of the departments and activities of the city and that overtime work be compensated for with time off where practical. Overtime work shall be authorized only with the prior authorization of the department head or, in emergencies where prior department head authorization cannot be issued, first line supervisors may approve overtime. Overtime work for all eligible employees shall be defined as any time worked beyond forty (40) hours in a standard work week for non-shift personnel, and any time worked in excess of the standard work period as defined in XVB. The use of vacation and holidays shall be included in the definition of time worked only if scheduled and approved during first and second round picks and or fourteen days in advance. In addition, sick leave for the use of bereavement time will count towards the overtime calculation. Those employees working mutual aid, strike team or recall of all personnel shall be allowed to count all leave banks as time worked for those events.

F. OVERTIME COMPENSATION:

1. General Provisions
Twenty-four (24) hour duty shift Chief Officers that are FLSA Non-Exempt shall be paid overtime at the rate of time and one-half their hourly rate of pay for hours worked in excess of regularly scheduled shifts. Said personnel shall receive a minimum of two (2) hours when called back to work or to attend a mandatory meeting.

Twenty-four (24) hour duty shift Chiefs Officers that are FLSA Exempt shall be paid

6.7 Consent Page 11
straight time hourly rate of pay for hours worked in excess of regularly scheduled shifts.

The purpose of this pay is compensation for replacing another Chief Officer who is on sick leave, vacation, bereavement leave, or other approved absence. Under no circumstances will Shift Replacement Pay be construed as overtime pay as defined under the Fair Labor Standards Act. Shift exchanges between two employees of a Chief Officer classification will not qualify for Special Shift Replacement Pay under these provisions.

2. Personnel will be compensated pursuant to the terms of this MOU "portal to portal" while in the course of their employment and away from their official duty station while assigned to an emergency incident, in support of an emergency incident, or prepositioned for an emergency response. Personnel responding from off-duty to any emergency incident or to cover behind for any person responding to any emergency incident shall be compensated at the rate of time and one-half from time of dispatch to the time they are released or relieved from duty.

3. Management Staff normally assigned to a forty (40) hour work week are eligible to fill shift work vacancies when non-conflicting with their forty (40) hour schedule. When this occurs the employee shall be paid at the shift overtime rate. Staff assigned to the forty (40) hour work week when working overtime can select to receive compensatory time off at the rate of time and one-half. Those permanently assigned to the forty (40) hour shift can accrue up to 120 hours of compensatory time off.

4. Due to the unique requirements of positions in this group, all vacancies will be filled by other Chief Officers if available. If a Division Chief is not available, the Fire Chief can fill in for Duty Coverage and shall be compensated additional pay at their straight time rate for hours worked beyond their normal work schedule. If a Division Chief or the Fire Chief are not available, suppression personnel that meet Acting Division Chief qualifications may fill the vacancy.

G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE
All staffing related issues are referenced in City of Tulare Staffing Policy as agreed by Side Letter Agreement dated August 3, 2010 effective September 1, 2010.

H. OVERTIME CONDITIONS: LOCAL PERIL ORDISASTER
In case of disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined at that time for such conditions.

I. DEDUCTIONS
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

J. PAID HOLIDAYS

6.7 Consent Page 12
a. January 1 (New Year's Day)
b. The third Monday in January (effective 1994) (Martin Luther King, Jr. Birthday) c. The third Monday in February (President's Day)
d. The last Monday in May (Memorial Day)
e. July 4 (Independence Day)
f. The first Monday in September (Labor Day)
g. November 11 (Veterans Day)
h. The fourth Thursday in November (Thanksgiving Day)
i. The day after Thanksgiving Day
j. December 25 (Christmas Day)
k. The employee's date of birth
l. Two days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
m. Every day appointed by the President of the United States or the Governor of California for public fast, Thanksgiving, mourning or holidays as determined by the City Manager.

If any of the foregoing holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as a holiday. If any of the foregoing holidays fall on an employee's normal day off, except Saturday or Sunday, they shall be credited to vacation.

2. Fire Shift Personnel
In return for the elimination of the holiday time off Fire shift personnel shall receive thirteen days (104 hours times 1.4 multiplier or 145.6 hours) of annual holiday time. In lieu of taking off eight (89.6 hours) of the thirteen days granted in holidays, each sworn fire shift personnel shall be paid for the eight days 44.8 hours the first paycheck in June and 44.8 hours the first paycheck in December. The remaining 56 hours (divided by 26 pay periods) shall be added to the employee’s annual vacation leave bank.

3. Paid Days in Lieu of Holidays at Termination
Regular employees of the Fire Departments leaving municipal service with accrued pay days in lieu of holidays who give at least two weeks of notice of their intention to terminate shall be paid the amount of accrued days in lieu of holidays to the day of termination. Payment for accrued days in lieu of holidays shall be at the employee's current rate of pay. (Amended by Resolution 2582)
K. COMPENSATION FOR WORK ON PAIDHOLIDAYS
Non-Shift fire personnel and non-shift probationary employees assigned to work on holidays shall receive compensatory time off or overtime as recommended by the department head subject to the approval of the City Manager. All requests for overtime pay in lieu of compensatory

6.7 Consent Page 13
time off shall be made by memorandum to the Fire Chief.

L. COMPENSATION DURING ATTENDANCE OF A TRAININGCOURSE

DURING VACATION, HOLIDAYS, DAY OFF
City employees should feel free to attend training courses that are available during their vacation, holidays or days off if they so desire, however, compensation for attendance for training courses held during days off, weekends, vacations or holidays will be authorized only where employees have been directed by the department head to attend such on the following basis:

1. Holidays
Employees directed to attend training courses will be compensated as provided in Article XV.K. above.

2. Vacations
Employees directed to attend training courses held during their vacation days will be allowed to reschedule their vacation days.

3. Days Off or Off Duty Shifts
Employees directed to attend training courses on their days off or off duty shifts will be compensated as provided in Article XV.F above. Whenever an employee is out of the city for a number of days on a training course, such as one week seminars, etc., the regular working schedule has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized.

Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

M. MANAGEMENT LEAVE
All sworn middle management employees with less than five (5) years of service shall receive twenty-four (24) hours management leave (33.6 hours for twenty-four hour shift personnel) per fiscal year. Sworn middle management employees with five (5) or more years of service shall receive thirty-two (32) hours of management leave (44.8 hours for twenty four hour shift personnel) per fiscal year. Management Leave will be divided by 26 pay periods and be accrued as part of Annual Leave.

N. EDUCATION AND CERTIFICATION INCENTIVEPROGRAM

1. All regular, full-time, permanent employees shall be entitled to receive educational and certification incentive pay in the amounts set forth below, commencing with the first pay period following documentation of the award being turned into the Human Resources Department. Documentation shall be considered the award or conferral by a community college or university transcripts (public or private recognized and accredited post-secondary educational institution) and/or the California State Fire Training (CSFT). The maximum amount that any employee shall be eligible for is 5% of base pay.
2% - Completed CSFT Company Officer or Fire Officer Education Requirements

6.7 Consent Page 14
3% - Completed CSFT Chief Fire Officer or Chief Officer Education Requirements

2.5% - 60 Units of college coursework (20 units in Fire Science related field) 5% - Bachelor’s Degree (with 20 units in Fire Science related field)

2. Members shall be eligible for a 5% specialty salary incentive pay for the position of Lead Fire Investigator. Members seeking this incentive pay shall comply with Lexipol Policy 402, 403, and 404. Members shall maintain current status in the Fire Investigation Unit to be eligible for this Incentive pay. Assignment to the Fire Investigation Unit shall be at the discretion of the Fire Chief.

Current Members in the Fire Investigation Unit shall receive two hours of straight time for everyday on "stand-by" when off-duty and not called to investigate an incident.

3. Members with paramedic certification shall be eligible for a specialty salary incentive pay of 5% of base pay at the discretion of and with approval from the Fire Chief.

4. Regular city employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their city jobs, such reimbursement shall be subject to administrative rules and procedures established by the Human Resources Division Effective July 1, 2010, tuition reimbursement will be capped at a maximum of two thousand five hundred ($2,500) dollars per fiscal year per employee.

This amount may be used to attend Fire, EMS and other Training-approved courses included in the job description for unit members. Travel and training at the National Fire Academy will be excluded from tuition reimbursement and the city will pay the cost of meals and cover an employee’s time off for this training only. The city will arrange for the time off of an employee attending the NFA, any grant funded training, or any training that is mandatory by the Fire Chief. Unless otherwise provided above, courses which require overnight travel will not be included in this agreement, and will be approved based on the city’s Overnight Travel and Training requirements. An employee must make his or her own arrangements for time off during any other training covered by this section.

The City agrees that it will be responsible for the cost of EMS re-certification; all training shall be done on the employees own time.

O. SICK LEAVE COMPENSATION

Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a

6.7 Consent Page 15
monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

Employee’s choosing not to elect city retiree health insurance can cash out up to sixty (60) days (672 hours). Any balance not cashed out shall be reported to PERS in equivalent days toward service credit.

P. COMPENSATION FOR FRACTIONS OF HOURSWORKED
Fractions of hours worked shall be compensated as follows:
0 - 7.5 minutes no payment

7.5 - 22.5 minutes .25 hour

22.5 - 37.5 minutes .50 hour

37.5 - 52.5 minutes .75 hour

52.5 - 60.0 minutes 1.00 hour
Q. RETIREMENT COMPENSATION

1. All regular and regular part time employees are members of the Public Employees Retirement System. The employees and the city shall be subject to changes in the exact contributions and benefits, as determined by the system. The actual terms of retirement benefits for miscellaneous members and local safety members shall be determined by retirement system contracts. (amended by Resolution 3740)

2. The city of Tulare has contracted with PERS for optional benefits. The coverage key reflects the following changes:

Optional Benefit Misc Fire Police

8.1 1 year final comp 12-14-1991 12-14-1991 12-14-1991

8.3 Sick leave credit 12-14-1991 12-14-1991 12-14-1991

8.4 1959 Survivor 03-21-1975 03-21-1975 03-21-1975

8.6 Military Sr Credit 76 06-30-1997 No no

8.21 2%@55 Ret formula no 12-08-1984 12-08-1984

8.22 Inc 59 Survivor 07-04-1980 07-03-1980 07-03-1980

8.40 3%@55 Ret formula no 01-01-2002 01-01-2002

8.44 2%@55 Ret formula 06-30-1997 No no

8.48 4th lvl 1959 surv ben 11-06-1998 01-01-02 08-01-95

2.7%@55 Ret formula 07-01-06 No no
3%@50 Ret formula no 01-01-07 01-01-07

2.5%@55 Ret formula (new
employees hired on or after
effective date)
07-03-10 No no

6.7 Consent Page 16
3%@55 Ret formula (new
employees hired on or after
effective date)
no 07-03-10 no

1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENTSYSTEM
a. Classic bargaining unit employees pay nine percent (9%) of the employee’s contribution to the Public Employee’s Retirement System (CalPERS).

PEPRA bargaining unit employees of the Group (employees hired on or after January 1, 2013) shall pay fifty percent (50%) of the normal cost as determined by CalPERS for the 2.7% at 57 plan. Effective with the first pay period in January of 2018, employees in the Group began picking up three percent (3%) of the City’s share of CalPERS, for Classic and PEPRA members.

2. PERS SURVIVOR BENEFIT
a. Management Fire Personnel
The City of Tulare shall maintain the PERS Survivor benefit at level IV. b. The Fire Department Sworn positions are part of a pooled group and receive the preretirement option 2W death benefit by being in the pool.

R. BILINGUAL PAY
Sworn public safety personnel, up through and including the rank of Fire Division Chief, shall receive an incentive bonus of two per cent (2%) incentive bonus for certification as being bilingual in accordance with standards established by the Human Resources Manager insuring that the said employee is competent and proficient in the language certified. A re-certification shall occur every 3 years. An employee not passing the re- certification shall not continue to receive the incentive bonus.

S. DEFERRED COMPENSATION
All regular employees may, at the employee's request, be included in a Deferred Compensation Plan whereby the employee may provide for the deferral of a specified amount of current income to be invested and the payment of such deferred amount and interest thereon to be made at a later date. Said Deferred Compensation Plan shall be subject to approval by the Internal Revenue Service. Implementation of the plan shall involve no cost or charge to the city.

T. UNIFORM ALLOWANCE

1. Regular Employees of the Fire Department
Regular Sworn Fire personnel required to wear uniforms in the performance of their duties shall receive a uniform allowance of $900 per year. New employees of the Fire Department shall receive, upon initial employment, two pairs of pants, two shirts, one work jacket, one dress jacket and one complete set of Class-A uniform. Any new or reappointed employee whose appointment begins prior to January 1 of any year shall be granted the allotment for uniform maintenance. If appointed or reappointed after January 1, he/she shall be granted uniform allowance the following year.

2. Additional Uniforms and Uniform Allowance Procedures Any additional uniforms needed shall be supplied at the employee's expense. The City

6.7 Consent Page 17
Manager shall establish such regulations and procedures needed for the administration of the uniform allowance procedure.

U. MINIMUM STAFFING

1. Minimum staffing is necessary for the efficient operations of the City of Tulare Fire Department. The safety of citizens and suppression personnel is paramount, and its necessity dictates this portion of the policy. The City recognizes that all fire suppression resources will be staffed with a Fire Manager and each shift will be supervised by a Division Chief.

2. Minimum staffing must be maintained unless approval is granted by the Fire Chief before deviation from policy.

3. The minimum staffing for the City of Tulare Fire Department is as follows:
a. Twelve (12) suppression personnel (based on 4 companies) i. 5 personnel at Station #61
ii. 3 personnel at Station #62
iii. 3 personnel at Station #63
iv. 1 Division Chief
b. The minimum staffing must include (based on 4 companies) i. 1 Division Chief
ii. 4 Fire Captains
iii. 4 Fire Engineers
iv. 4 CCEMSA Licensed Paramedics (one of each of four companies) v. Acting positions may be used to satisfy this requirement, but all personnel acting out of class must have completed the required training certification for the position as approved by Human Resources.
vi. Or a FF/EMT, so long as at least one Paramedic is assigned to each apparatus to maintain Advance Life Support.
c. Any apparatus responding as "first out" on emergency calls at a given station must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
iii. 1 Firefighter/Paramedic
d. T-65 at Station #61 must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
e. Staffing of personnel on specific apparatus shall be at the sole discretion of the Fire Chief based on the needs.
f. If the City is awarded SAFER, the parties agree to meet and confer to discuss changes to staffing standards and positions.

6.7 Consent Page 18
XVI. ANNUAL VACATION LEAVE
A. PURPOSE OF ANNUAL VACATION LEAVE
The purpose of an annual vacation is to allow an employee time to both mentally and physically refresh himself/herself in order that he/she be better able to carry out the duties of his/her position. To achieve this goal, it is the intention of the city to have the employee schedule a vacation for periods of at least one week.

B. ELIGIBILITY FOR ANNUAL VACATIONLEAVE

1. Regular, Regular Part Time, Probationary and Temporary Employees:

All regular, probationary and temporary employees, upon the completion of six months of continuous service, shall be eligible for vacation leave. The amount of time available for an employee's vacation shall be accumulated through the month immediately preceding the month in which the employee's vacation falls.

C. ACCRUAL OF ANNUAL VACATIONLEAVE
Vacation leave shall be accrued and credited monthly by all eligible employees who are on pay status for 50 per cent or more of that month. Those employees eligible for vacation as defined in XVI (B) shall accrue vacation at the following rates:

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel All employees with less than four (4) complete years of service shall earn leave at the rate of 136 working hours per year. Upon the completion of five (5) continuous years of service, the employee shall earn 147.2 working hours of vacation per year; in the same manner, 158.4 hours shall be earned for the sixth year; 169.6 hours shall be earned for the seventh year; 180.8 hours shall be earned for the eighth year; 192 hours for the ninth year; 248 hours for the fifteenth year; for a maximum of 248 hours per year thereafter.

D. ACCUMULATION OF ANNUAL VACATIONLEAVE

1. Fire Management
Fire Management shift personnel may accumulate up to 530 hours which includes vacation, holidays and management leave.

New Chief Officers not previously employed with the City of Tulare and employees promoting to the rank of Chief Officers with a hire date on or after July 1, 2005 may carry over a maximum accumulation of six months annual vacation leave, for a maximum credit of one and a half years annual leave. If vacation is denied due to a city related emergency, such vacation may be carried over into the following year, if necessary.

E. SCHEDULING OF VACATION LEAVE
An employee's vacation shall be, as much as possible, scheduled for the employee's convenience, however, vacation shall be scheduled by department heads so as not to interfere seriously with or impair departmental efficiency. A Division Chief will be allowed to schedule two vacation picks before the beginning of the year. These vacation selections are guaranteed. A Division Chief will be allowed to take additional vacation at any time as long as approved by the Fire Chief.

F. WORKING DURING ANNUAL VACATIONLEAVE

6.7 Consent Page 19
The city shall discourage any employee from working for another employer during his/her annual vacation. At no time will an employee be permitted to work for the city during his/her vacation and receive double compensation.

G. HOLIDAYS WITHIN VACATIONLEAVE
When a recognized city holiday falls within an employee's vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of annual vacation.

H. ILLNESS WITHIN VACATION LEAVE
If an employee becomes ill or injured during his/her annual vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or medical attention is furnished shall not be charged as annual vacation but shall be charged as sick leave.

I. PAYMENT OF ANNUAL LEAVE UPONTERMINATION
Employees who terminate employment shall be paid for any accrued vacation. Payment for accrued vacation upon termination shall be at the employee's current rate of pay.

J. EFFECT OF EXTENDED MILITARY LEAVE
An employee who interrupts his/her service to the city because of an extended military commitment, shall be compensated for accrued vacation leave upon separation from service to the city.

XVII. SICK LEAVE
A. STATEMENT OF POLICY
Sick leave shall not be considered as a privilege which an employee may use at his/her own discretion, but shall be granted only upon the recommendation of the department head. Sick leave shall be allowed only in case of necessity and actual personal illness or disability, medical or dental treatment. Sick leave shall be allowed to a maximum of six days (6) per year (69.2 hours per year for twenty-four hour shift personnel) in case of emergency illness in the immediate family. Upon the approval of the City Manager, additional days may be authorized.

The immediate family shall be the spouse, parent, child, step child, brother, sister or other close family member as approved by the Administrative Services Director. (amended by Resolution 3740)
B. ELIGIBILITY FOR SICK LEAVE

1. Regular, Regular Part Time, Probationary and Temporary Employees All regular, probationary and temporary employees, upon completion of six months continuous service, shall be eligible for sick leave with pay.

C. ACCRUAL OF SICK LEAVE

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly at the rate of 11.2 hours by all eligible employees who are on a pay status for 50 per cent or more of that month. Those employees eligible for sick leave, as defined in XVII (B), shall accrue sick leave at a rate proportionately equal to that of regular employees.

6.7 Consent Page 20

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly by all eligible employees who are on a pay status for 50 percent or more of that month. Those employees eligible for sick leave, as defined in XVII , shall accrue sick leave at the rate of eight (8) hours per month.

D. ACCUMULATION OF SICK LEAVE

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel Effective the first full pay period in July 2011 there will be no cap on sick leave accrual.

E. HOLIDAYS WITHIN SICKLEAVE
When a recognized city holiday falls within an employee's bonafide use of sick leave for which he/she normally would have been excused from work, that day shall not be charged as a day of sick leave.

F. USAGE OF SICK LEAVE
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

G. DEDUCTION OF SICK LEAVE
Sick leave shall be deducted at the rate of one hour sick leave for each hour absent.

H. VERIFICATION OF SICK LEAVEUSAGE
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician's certification of the employee's illness.

2. The city may formally place an employee on "sick leave restriction" whereupon, for a period of time, the employee may subsequently be required to provide the city a physician's certification of illness for each incidence of sick leave usage, regardless of the amount of time off work.

In determining whether or not to place an employee on "sick leave restriction", the city agrees to consider not only gross usage and so-called "patterns of usage", but also extended illness, major medical problems and incidents of family sick leave.

I. SICK LEAVE COMPENSATION UPONTERMINATION
There is no cash value to sick leave other than what is listed under “sick leave compensation upon retirement”.

6.7 Consent Page 21
months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

K. WORKERS COMPENSATION

1. Fire Department Personnel
a. An employee of the Fire Department who is entitled to the benefits of Labor Code Section 4850, who is absent from work by reason of an injury or illness covered by workers compensation, shall be allowed up to one year's leave of absence, as required by said section. The employee shall continue to receive his/her regular paycheck as long as he/she remains on pay status; provided, however, that such employee assigns to the city any and all workers compensation payments received by the employee.
b. An employee of the Fire Department who is absent from work by reason of an injury or illness covered by workers compensation will continue to accrue sick leave, vacation and holiday benefits and consideration for normal salary increases as though he/she were not on leave of absence. (amended by Resolution 3091) c. Whenever such disability of an employee continues for a period beyond one year, the leave of absence may continue until the expiration of his/her accrued sick leave, vacation and previously accrued compensatory time off for overtime and paid days in lieu of holidays, calculated to the nearest one-half day, with compensation at the employee's regular rate of pay.
d. When it appears the employee cannot return to work by the expiration of such allowances, disability retirement shall be requested by the city to become effective at the expiration of these allowance unless the employee applies for or consents to his/retirement as of an earlier date, at which time he/she may be compensated for his/her accrued benefits at his/her regular rate of pay. e. No employee of the Fire Department shall be paid any disability indemnity under workers compensation concurrently with wages or salary payments by the city amounting to more than his/her regular rate of pay at any time during his/her leave of absence.
f. No employee of the Fire Department shall receive wage or salary payments from the city after a period of five years from the date of injury for any one injury. g. The parties agree to develop a Workers Compensation "Carve Out Program" that meets the requirements of Labor Code section 3201.7. Details of the program shall be subject to further ratification between the Group and the City.

6.7 Consent Page 22
L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION

BENEFITS
Upon depletion of accumulated sick leave, compensatory time and vacation for any injury or illness and upon the recommendation of the employee's department head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which shall be subject to approval of the City Manager. If further leave is granted, the employee must notify the city of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee's service with the city shall be considered terminated.

M. EMPLOYEE REHABILITATION
The city shall provide a rehabilitation program for industrially injured employees, pursuant to Section 139.5 of the California Labor Code. Employees unable to return to their previous position shall be interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedures applies for eighteen (18) months. The employee's name shall be placed on a mailing list for the period designated above.

XVIII. OTHER LEAVES OF ABSENCE
A. LEAVE OF ABSENCE WITHOUTPAY
Leave of absence without pay may be granted in cases of emergency of where such absence would not be contrary to the best interests of the city. Such leave is not a right but a privilege.

Employees on authorized leave of absence without pay may not extend such leave without the expressed approval of the City Manager. No vacation or sick leave benefits shall be used for illness occurring during such leave.

1. Approval of Department Head
Leave of absence without pay for one week or less may be granted by the department head, depending on the merits of the individual case. Such leaves shall be reported to the Personnel Officer.

2. Approval of City Manager
Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merits of the case, but such leave shall not exceed twelve months' duration.

B. ABSENCE WITHOUTLEAVE
Absence without leave shall be considered to be without pay and reduction in the employee's pay shall be made accordingly. Absence without leave for more than three consecutive days may result in termination of employment.

6.7 Consent Page 23
D. MATERNITY
Leave of absence for maternity will be covered under the provisions authorized in XVII (A) and (G). An employee may work until she has been advised by her doctor to cease working.

The employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits are exhausted. (SEC. 1604.10, Chapter XIV, Part 1604, Title 29, United States Labor Code)
E. EMPLOYEE'S TIME OFF TO VOTE
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

F. JURY DUTY: LEAVE OF ABSENCE
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the city all fees received for such duties, other than mileage or subsistence allowance, within thirty (30) days from the termination of his/her jury service.

G. SUBPOENAS: LEAVE OF ABSENCE
Regular employees who are subpoenaed to appear as witnesses in a court trial may be granted a leave of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the city within thirty (30) days from the termination of his/her service. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.

H. LEAVE FOR ATTENDANCE AT INDUSTRIALACCIDENT COMMISSION

HEARING OR RELATED PHYSICALEXAMINATIONS
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city's workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in advance with the department head.

I. BEREAVEMENT LEAVE
The city shall allow an employee to be absent from work with pay for a maximum of three (3) days (33.6 hours for twenty-four hour shift personnel, 14.4 sick leave hours will be granted to complete the hours to 48 hours) for a death which occurs within the State of California. If the death occurs outside the State of California and an employee must travel outside the state, a maximum of five (5) days with pay (60 hours for twenty-four hour shift personnel) shall be allowed.

Bereavement leave is allowable in the case of death of an immediate family member which for bereavement only shall be defined as a father, mother, step mother, step father, sister, brother, husband, wife, son, daughter, step child, father-in-law, mother-in-law, or any in-law or relative with whom you reside.

Employees shall be granted 1 day from work for the death of a relative. A relative is a

6.7 Consent Page 24
grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.

If additional time is required for any of the above, the employee with the Department Head approval may take sick days as needed in compliance with SEC. 702 and SEC. 709.

All other uses of bereavement leave i.e. aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

J. EDUCATIONAL LEAVE
Employees may receive paid leave to attend courses, seminars, workshops or conventions which enhance their knowledge, skills or performance in relation to their job. The determination as to when and whether an employee is granted leave shall be made by the department head.

XIX. TERMINATION: LACK OF WORK OR FUNDS
A. An employee may be terminated by the City Manager because of changes in duties or organization, abolishment of position, shortage of work or funds or completion of work. In cases involving regular employees only, notice of such termination will be given to the employee at least thirty (30) days prior to the effective date of termination. Such termination shall not be subject to appeal.

B. In any such reduction in personnel caused by lack of work or funds, seniority shall be observed. The order of layoff shall be in the reverse order of total cumulative time the employee has served in his/her current job classification upon the effective date of the layoff.

For the purpose of determining order of layoff, total cumulative time shall include the employee's time served in probationary and regular status and time served on military leave of absence while assigned to his/her current job classification.

C. Employees subject to layoff who have seniority in a lower classification may displace (bump) employees in the lower classification having less seniority, provided that the displacing employee is fully qualified and capable of performing the work in the lower classification at the rate of pay for the lower classification.

D. Any employee bumping into a lower job classification and remaining in said classification for a period of six or more months shall lose his/her previous classification seniority.

E. An employee terminated for lack of work or lack of funds shall exist interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedure applies for eighteen months. The employee's name shall be placed on a mailing list for the period designated above.

XX. DISCIPLINARY PROCEEDINGS
A. DISCIPLINARY ACTION:DEFINITION
As used in this Article "disciplinary action" shall mean discharge, demotion, reduction in salary, reprimand, disciplinary probation, suspension.

B. CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee may include, but not be limited to, the following:

1. Unauthorized absence or tardiness.

6.7 Consent Page 25

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to following the instruction of a Supervisor, manager or other property authority.

4. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.

6. Falsifying or altering city records, including, but not limited to, employment, medical, pay and benefit records, or permitting one's time card to be recorded by another employee.

7. Thefts of, or intentional harm to, city or other's personal property.

8. Dishonesty.

9. Violation of safety rules.

10. Unauthorized removal of city documents, records or other property.

11. Negligent or careless performance of duties.

12. Failure to meet acceptable standards of performance.

13. Failure to observe work schedules or assignments.

14. Misuse of city property.

15. Unauthorized departure from job, department or city premises.

16. Loitering or sleeping on the job.

17. Gambling on city's premises or while on duty elsewhere.

18. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the city.

19. Allowing unauthorized individuals to ride in city's vehicles.

20. Discourteous treatment of the public or other employees.

21. Violation of any provisions of these working rules and regulations, administrative policies or written departmental rules and regulations. (amended by Resolution 3856)
C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BETAKEN
The City Manager or any department head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this chapter.

D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION Prior to initiating any disciplinary action, excluding reprimands, against an employee having regular status, the City Manager or department head shall serve written notice on the employee, personally or by certified mail, at least seven (7) calendar days prior to the effective date of the disciplinary action. The written notice shall include:

1. A description of the action to be taken and the effective date or dates.

2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.

3. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline.

4. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.

6.7 Consent Page 26

5. A statement that a copy of the materials upon which the proposed action is based in attached or available for inspection upon request.

6. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

Upon request of the affected employee, the City Manager or department head may extend the response from the employee provided that such extension will have no detrimental effect on the city.

E. IMPOSITION OF DISCIPLINARYACTION
Upon expiration of the period allowed for employee response and after having given consideration to any response filed by the affected employee, the City Manager or department head may impose appropriate disciplinary action.

F. EXTRAORDINARY CIRCUMSTANCES
In those extraordinary circumstances wherein the City Manager or department head determines that the nature of the employee's act or the charges against him/her are such as to require the employee's immediate removal from the job site, the employee may be placed on leave with pay pending service of the notice of disciplinary action and the effective date of the disciplinary action. In the case that discipline is imposed and upheld, such leave shall be charged as vacation leave.

G. RIGHT OF APPEAL
A regular employee shall have the right of appeal to the Human Resources Department from any disciplinary action taken by his/her department head under this chapter, other than oral or written reprimands. Such appeal must be filed with the Human Resources Department within ten (10) working days after receipt of the written notice of such disciplinary action. The appeal must be in writing and must state specifically the reasons upon which it is based.

H. RIGHT OF APPEAL: HEARING
Upon receipt of a written appeal from an affected employee, the Human Resources Department shall arrange for a hearing as provided in this chapter. Said hearing shall be conducted as soon as possible after receipt of the written appeal. The Human Resources Department shall arrange for the selection of a hearing officer utilizing the services of the American Arbitration Association or State Mediation and Conciliation Services to conduct the hearing and issue a binding decision. Hearings shall be conducted under the voluntary rules of the American Arbitration Association.

I. RIGHT OF APPEAL: REPRESENTATION
The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of his/her choosing, including other city employees, with the exception of supervisory, management and confidential employees.

J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR
Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the City Manager or department head shall be final.

6.7 Consent Page 27
K. RIGHT OF APPEAL: DECISION
The Hearing Officer shall render a decision within thirty (30) days after the conclusion of the hearing or after receipt of the official hearing transcript. The Hearing Officers decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant. If the disciplinary action taken against the employee is reversed or modified by the Hearing Officer, the employee shall be compensated in all or in part for the time lost as determined by the Hearing Officer. Any appeal of the Hearing Officers decision through judicial review must be filed within ninety (90) days of said decision pursuant to the Code of Civil Procedures Section 1094.6. (Amending Resolutions: 3091)
L. EFFECT OF DISCIPLINARY ACTIONS

1. Oral Reprimand
Employees may receive an oral reprimand.

2. Written Reprimand
Employees receiving a written reprimand shall have a copy filed in his/her personnel jacket kept in the Personnel Office. The employee shall initial a copy of the reprimand prior to its filing, indicating that he/she has read the reprimand. The employee shall have the right to enclose a written response to the reprimand in his/her personnel jacket.

3. Disciplinary Probation
Employees placed on disciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation.

4. Suspension
Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits.

5. Salary Reduction
Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited.

6. Discharge
Employees terminated pursuant to XIX of these rules and regulations shall be paid salary for vacation and worked holidays accumulated to the effective date of termination, subjection to XVII, if applicable.

M. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARYACTION

AGAINST MUNICIPAL EMPLOYEES
In the interest of preventing undue embarrassment and subsequent loss of ability to perform city work effectively, the following policy will prevail regarding release of information to the news media on personnel actions:

1. No information shall be released without prior approval of the City Manager.

2. No information will be released until final action has been determined and taken.

6.7 Consent Page 28

3. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken.

The foregoing personnel procedure is sanctioned under the Ralph M. Brown Act and related laws. The Attorney General's opinion interpreting Government Code Section 54957 is as follows:
"The purpose of SEC. 54957 is to protect individual public employees and officers from unfavorable publicity, and to permit private inquiry into the employee's activities, or investigation of charges against such employees."
N. INFORMAL COUNSELING WITH THE CITY MANAGER
Nothing in these rules and regulations shall prohibit the City Manager from meeting informally with an employee regarding possible disciplinary action in order to attempt to resolve the problem.

O. NON-APPLICABILITY
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

XXI. MISCELLANEOUS
A. REPORTS OF CHANGE OF STATUS
All actions involving employment and change in status of employment shall be reported by the department head to the City Manager on City of Tulare Personnel Action Forms. Copies of such reports shall be furnished to the employee involved.

B. DAMAGE CLAIMS
Any employee of the City of Tulare filing suit for damages arising from occupational injury shall notify the Finance Director of the amount of damages collected from such suits in order that all expenses paid by the city may be recovered.

C. GRATUITIES
No officer or employee of the city shall solicit or accept any gratuity for services rendered.

D. OUTSIDE EMPLOYMENT
Any regular employee desiring to engage in regular outside employment shall first obtain non-city conflict job approval for his/her department head. The employee shall submit a statement to his/her department head on a standard city form, naming the prospective employer, his/her address and telephone number and outline the proposed duties and the hours of work. Approval may be denied if, in the opinion of the department head, such outside employment is incompatible with the proper discharge of the employee's official duties. All such approvals shall be subject to review by the Personnel Officer and shall be resubmitted prior to January 10 each year to maintain a valid, continuous authorization.

E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITYBUSINESS Regular city employees may receive compensation for the use of their personal vehicle in

6.7 Consent Page 29
city business. Such compensation shall be the prevailing IRS approved rate and upon approval of the employee's department head. (amended by Resolution 3629) F. CONFLICT OF INTEREST
All designated employees shall comply with departmental conflict of interest codes or the applicable regulations adopted by the Fair Political PracticesCommission.

G. DAMAGED EQUIPMENT REVIEWCOMMITTEE

1. Fire Department
A Fire Department Damaged Clothing Review Board shall be established for the purpose of reviewing and determining rates of payment for claims for clothing damaged in the line of duty.

No more than one set of glasses may be considered in any two year period. The Board shall be composed of a representatives from the Personnel Office, Fire Department administrative staff and the Association. (amended by Resolution 3145)
H. PERSONNEL FILES
An employee or his/her recognized employee representative, with the written consent of the employee, shall be entitled to review his/her personnel folder upon request. The employee shall, in advance, be advised of, entitled to read and respond to all statements written by the employee's supervisor, department head or fellow employee of his/her work performance or conduct if such statement is to be placed in the employee's file. No such material shall be filed until an employee has had the opportunity to review and respond to such material. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. (added by Resolution 2765)
I. POSITION RECLASSIFICATION

1. Position Reclassification
An employee who believes his/her position is wrongly classified may submit a written request to his/her supervisor for reclassification. Requests shall state the reason the employee believes the present class is not appropriate and which class the employee believes is appropriate, based on the employee's present duties. Requests must be made to the Personnel Department in January or February so that changes may be presented to the City Council in July.

2. Classification Analysis
The supervisor shall forward the request to the department head. The department head shall then request that the Personnel Officer conduct a classification analysis. When the classification analysis is completed, a written response will be sent to the employee and the department head.

The city shall endeavor to complete the analysis as soon as practicable.

6.7 Consent Page 30
Manager shall be final. (amended by Resolution 3887)
J. EMPLOYEE ASSISTANCE PROGRAMPOLICY
The city recognizes emotional, medical and substance abuse (alcohol and drugs) problems as treatable conditions. An employee's problem with alcohol and drug abuse, etc., will be a concern only when it manifests affect upon his/her job performance. There is no desire on the part of the city to intrude into the employee's private life. However, if personal problems being to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee.

Employees who suspect that they have a problem will take advantage of diagnostic, counseling and assessment services made available through the Employee Assistance Program. (added By Resolution 3001)
K. FLEXIBLE BENEFITS PROGRAM
The city shall establish a flexible benefits program, effective October 1, 1987, in accordance with Section 125 of the Internal Revenue Code. The city shall contribute the entire implementation cost and the employees shall be responsible for the monthly cost. Participation in the flexible benefits program is available to fire personnel. (added by Resolution 3629) L. VEHICLE USE POLICY

The City Manager shall be the responsible authority for interpretation and implementation of adopted vehicle use policies. If a Fire Department “pool” vehicle is available it shall be made available to sworn members of the fire department for travel to and from educational and training courses with in one hundred and fifty miles (150) round trip. (added by Resolution 3408)

2. Chief Officers shall be provided a vehicle in accordance with City policy.

M. WELLNESS PROGRAM

1. The city will provide at no cost to the employee an annual physical in accordance with NFPA 1582, 29 CFR 1910.134, and 29 CFR, 1910.120 (f), as required for anyone who may be exposed to a hazardous substances.

2. The city agrees that PT for the fire department shall occur at a mutually agreed upon facility. The city shall pay up to $35.00 per month per sworn fire personnel for use of the facility. Any increase in fees beyond the $35.00 shall be subject to the meet and confer process.

6.7 Consent Page 31
created, members of this group will bid for shift and non-shift positions. If no member volunteers for the non-shift position(s), the Fire Chief will assign the Division Chief with the least seniority.

Division Chiefs will not bid shifts unless a bid is triggered by the creation of a non-shift position.

If that occurs, shift assignments will be bid along with the non-shift assignment.

1. The following guidelines define policy for station and shift assignments and will assist in the interpretation and administration of this process.

2. Between November 1st and November 15th of odd numbered years, Fire Captains can select their shift and station assignment based on seniority. Between November 16th and November 27th of odd years, Battalion Chiefs will pick shift assignments based on seniority. Before the bid process begins Division Chiefs will be assigned a shift. Division Chief shift assignments will not change during a bid cycle. In the event a 40-hour Division Chief position is created, Division Chiefs shall be offered such position based on seniority.

In the event no Division Chief volunteers for such assignment, the assignment will be given to the least senior Division Chief.

3. Seniority is defined as time in grade in current rank. If more than one employee has the same time in grade at the current rank, seniority is defined as length of time in service to the Tulare Fire Department. If employees are still equal after these two determiners, the oldest employee would be considered senior based on official birth records. Seniority in current rank shall be the predominate factor in determining station and shift assignment.

4. All forty (40) hour staff positions covered by the TPFA Management Bargaining Unit (excluding the Fire Investigator) will be included in the station and shift assignment bid process. Employees electing to bid for staff positions or specialty assignments must meet the minimum qualifications for that position.

5. The Fire Investigator position is not considered a suppression function, and shall not fall under the guidelines of this bid process.

6. Station and shift assignment changes will become effective the first week in January of even years. The bid cycle is every other year.

7. When station or shift assignments become vacant due to promotion, retirement, or other reasons which create an absence, there are two options for filling that vacancy. a. If more than one year is remaining on the bid cycle, a complete re- bid will occur based on seniority.
b. If less than one year is remaining on the bid cycle, the Fire Chief may either assign the employee with the least seniority for that rank, or solicit volunteers to fill the vacancy with consideration to seniority and the desires of the individuals affected.

8. ADMINISTRATION DISCRETION: The Fire Chief shall have the discretion to reassign or transfer one or more employees due to unsatisfactory performance, disciplinary actions, or documented personnel issue, employee conflict issue or address a training deficit.

XXII. INSURANCE
A. HEALTH, DENTAL, AND VISION

6.7 Consent Page 32
health, dental, vision and life insurance and dependent health, dental, vision and life insurance costs. The employee shall contribute thirty-five percent (35%) toward the cost of dependent insurance coverage.

2. Employees shall pay 100 per cent of the total costs of the health insurance premium (with or without dependent coverage). Any increases in future premiums after retirement shall be borne by the retiree. In order to be eligible for said benefits, the employees must directly retire, be at least 55 years of age and have provided ten years of service to the City of Tulare. Management employees with more than 20 years of service with the City of Tulare and obtaining the age of 50 and retiring are eligible to continue on the city health insurance at the same rate as if they were 55.(Amending Resolutions: 00- 4687, 06-5374)
If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health Insurance Committee stating the reasons why such an increase or changes are recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation. The City Manager will make a decision based on the information provided and present it to the City Council for implementation. The City and employees agree to pay any increased costs in the same proportion as the current contribution.

This unit will receive $250 per employee toward section 125 medical benefits.

B. INSURANCE - LIFE

1. The term life insurance portion of the employee health insurance plan shall be provided for fire management employees as specified in the employee health insurance policy, in the following manner:

Annual Salary Term Life Insurance
$10,000-15,000 $10,000
15,001-20,000 15,000
20,001-25,000 20,000
25,001-30,000 25,000
30,001-35,000 30,000
35,001-40,000 35,000
40,001-45,000 40,000
45,001-50,000 45,000
50,001-55,000 50,000
55,001 or more An annual amount equal to one times the employee's annual rate of base earnings rounded to the nearest multiple of $1,000 if not already an even multiple thereof, subject to a maximum of $150,000
The premium for said term life insurance will be at the cost of the city. (amended by Resolution 3298)
C. INSURANCE – DISABILITY
The City agrees that is will payroll deduct from the employee’s check the monthly disability premium amount plus the yearly cost of membership into CSFA. The city shall then

6.7 Consent Page 33
pay the premium to the vendor. Enrollment into CSFA shall be mandatory and enrollment into CSFA will be handled by the Human Resources Department.

6.7 Consent Page 34

MEMORANDUM OF UNDERSTANDING
July 1, 2023 through June 30, 2024

A MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF TULARE AND THE

TULARE FIRE CHIEF OFFICER GROUP

SIGNATURE PAGE
Mario U. Zamora / Date / Date
City Attorney Consultant
Marc Mondell / Date / Date
Finance Director TPFA Representative
Janice Avila / Date / Date
Human Resources Director TPFA Representative

6.7 Consent Page 35
Side Letter #1 Regarding Additional Discussion & Study of Compensation Study The parties to this Side Letter Agreement are the City of Tulare (“City”) and Tulare Fire Chief Officer Group. The terms of this agreement shall be effective immediately upon both parties signing.

The parties have a disagreement regarding the accuracy of the duties of the Division Chiefs as reflected in the compensation study completed earlier this year. The parties therefore agree that additional study will be mutually and independently conducted in order to work towards one of the following possible outcomes:

Option 1: Status quo – Division Chiefs remain classified as Division Chiefs and continue to perform all current job description duties with FLSA-Exempt status. The City recognizes that the job classification and FLSA-exempt status was created in the best interest of organizational effectiveness and with the intent of greater compensation separation to accommodate take-home pay differences. As such, the city agrees to compensate members with salary increases commensurate with those previously given to TPFA.

Option 2: Battalion Chiefs/FLSA non-exempt – our members are reclassified as Battalion Chiefs.

The previously used Battalion Chief job classification will be used including FLSA non-exempt status.

Option 3: An alternate Plan not considered in Option 1 or 2. The parties understand that any alternate plan that considers FLSA Exempt status without additional compensation will require significant negotiations.

The purpose of this side letter is to define the scope of the topics requiring additional discussion and study. Through this agreement, neither party is committing to any course of action through this agreement, other than to further study the issue in good faith, and in a timely manner.

Mario U. Zamora / Date / Date
City Attorney Consultant
Marc Mondell / Date / Date
Finance Director TPFA Representative
Janice Avila / Date / Date
Human Resources Director TPFA Representative

6.7 Consent Page 36

MEMORANDUM
OF

UNDERSTANDING
Between the City of Tulare and
Tulare Fire Chief Officer Group
Effective Date: July 1, 2023 through June 30, 2024
Approved by Council:

6.7 Consent Page 37 ATTACHMENT 2

MEMORANDUM OF UNDERSTANDING
July 1, 20192023 through June 30, 20222024

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE
AND

THE TULARE CITY PROFESSIONAL FIRE FIGHTERSASSOCIATION CHIEF

OFFICER BARGAININGGROUP
I. RECOGNITION ................................................................................................................. 1 II. PURPOSE ........................................................................................................................... 1 III. NON-DISCRIMINATION ................................................................................................. 1 IV. MAINTENANCE OFBENEFITS ...................................................................................... 1 V. CITY AUTHORITY ........................................................................................................... 1 VI. EMPLOYEE RIGHT TO REPRESENTATION ................................................................ 2 VII. AVAILABILITY OF RULES AND REGULATIONS ...................................................... 2 VIII. WORK ACCESS AND EMPLOYEEINFORMATION .................................................... 2 IX. NOTICE OF CHANGE OF WORK RULES ..................................................................... 2 X. SALARY............................................................................................................................. 2 XI. SEVERABILITY ................................................................................................................ 3 XII. FURTHER NEGOTIATION .............................................................................................. 3 XIII. PROVISION REGARDING AMERICANS WITH DISABILITIESACT ........................ 3 XIV. TERM ................................................................................................................................. 3 XV. COMPENSATION AND HOURS ..................................................................................... 3 A. APPLICATION OF SALARY RANGES AND RATES ............................................. 3

1. Promotion ................................................................................................................ 3

2. Differential .............................................................................................................. 4 B. STANDARD WORK PERIODS .................................................................................. 4

1. General Provisions .................................................................................................. 5 G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE .................... 5 H. OVERTIME CONDITIONS: LOCAL PERIL ORDISASTER ................................... 6 I. DEDUCTIONS ............................................................................................................. 6 J. PAID HOLIDAYS ........................................................................................................ 6

2. Fire Shift Personnel................................................................................................. 6

3. Paid Days in Lieu of Holidays at Termination ....................................................... 7 K. COMPENSATION FOR WORK ON PAIDHOLIDAYS ........................................... 7 L. COMPENSATION DURING ATTENDANCE OF A TRAININGCOURSE
DURING VACATION, HOLIDAYS, DAY OFF ........................................................ 7

1. Holidays .................................................................................................................. 7

2. Vacations................................................................................................................. 7

3. Days Off or Off Duty Shifts .................................................................................... 7

6.7 Consent Page 38
M. MANAGEMENT LEAVE ............................................................................................ 7 N. EDUCATION AND CERTIFICATION INCENTIVEPROGRAM ............................ 8 O. SICK LEAVE COMPENSATION ............................................................................... 9

1. Upon Retirement ..................................................................................................... 9 P. COMPENSATION FOR FRACTIONS OF HOURSWORKED................................. 9 Q. RETIREMENT COMPENSATION ............................................................................. 9

1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENTSYSTEM ..... 10

1. Regular Employees of the Fire Department.......................................................... 11

2. Additional Uniforms and Uniform Allowance Procedures ................................... 11 U. MINIMUM STAFFING ............................................................................................. 11 XVI. ANNUAL VACATION LEAVE ...................................................................................... 12 A. PURPOSE OF ANNUAL VACATION LEAVE ....................................................... 12 B. ELIGIBILITY FOR ANNUAL VACATIONLEAVE ............................................... 12

1. Regular, Regular Part Time, Probationary and Temporary Employees: .............. 12 C. ACCRUAL OF ANNUAL VACATIONLEAVE ...................................................... 12

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel............... 12 D. ACCUMULATION OF ANNUAL VACATIONLEAVE ......................................... 13

1. Fire Management .................................................................................................. 13 E. SCHEDULING OF VACATION LEAVE ................................................................. 13 F. WORKING DURING ANNUAL VACATIONLEAVE ........................................... 14 G. HOLIDAYS WITHIN VACATIONLEAVE ............................................................. 14 H. ILLNESS WITHIN VACATION LEAVE ................................................................. 14 I. PAYMENT OF ANNUAL LEAVE UPONTERMINATION ................................... 14 J. EFFECT OF EXTENDED MILITARY LEAVE ....................................................... 14 XVII. SICK LEAVE ................................................................................................................... 14 A. STATEMENT OF POLICY ....................................................................................... 14 B. ELIGIBILITY FOR SICK LEAVE ............................................................................ 14

1. Regular, Regular Part Time, Probationary and Temporary Employees ................ 14 C. ACCRUAL OF SICK LEAVE ................................................................................... 15

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ......................... 15

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel ................. 15 D. ACCUMULATION OF SICK LEAVE ...................................................................... 15

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel ........... 15 E. HOLIDAYS WITHIN SICK LEAVE ......................................................................... 15 F. USAGE OF SICK LEAVE ......................................................................................... 15 G. DEDUCTION OF SICK LEAVE ............................................................................... 15 H. VERIFICATION OF SICK LEAVEUSAGE ............................................................ 15 I. SICK LEAVE COMPENSATION UPONTERMINATION ..................................... 15 J. SICK LEAVE COMPENSATION UPONRETIREMENT ....................................... 15 K. WORKERS COMPENSATION ................................................................................. 16

1. Fire Department Personnel ................................................................................... 16 L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION

6.7 Consent Page 39
BENEFITS .................................................................................................................. 17 M. EMPLOYEEREHABILITATION ............................................................................. 17 XVIII. OTHER LEAVES OF ABSENCE .................................................................................... 17 A. LEAVE OF ABSENCE WITHOUT PAY .................................................................. 17

1. Approval of Department Head .............................................................................. 17

2. Approval of City Manager .................................................................................... 17 B. ABSENCE WITHOUT LEAVE ................................................................................. 17 C. LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATEFAMILY ............ 18 D. MATERNITY ............................................................................................................. 18 E. EMPLOYEE'S TIME OFF TO VOTE ....................................................................... 18 F. JURY DUTY: LEAVE OF ABSENCE ...................................................................... 18 G. SUBPOENAS: LEAVE OF ABSENCE ..................................................................... 18 H. LEAVE FOR ATTENDANCE AT INDUSTRIALACCIDENT COMMISSION HEARING OR RELATED PHYSICALEXAMINATIONS ..................................... 18 I. BEREAVEMENT LEAVE ......................................................................................... 18 J. EDUCATIONAL LEAVE .......................................................................................... 19 XIX. TERMINATION: LACK OF WORK OR FUNDS .......................................................... 19 XX. DISCIPLINARY PROCEEDINGS................................................................................... 19 A. DISCIPLINARY ACTION:DEFINITION ................................................................ 19 B. CAUSES FOR DISCIPLINARY ACTION ................................................................ 20 C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BETAKEN ................... 20 D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION ........... 20 E. IMPOSITION OF DISCIPLINARYACTION ........................................................... 21 F. EXTRAORDINARY CIRCUMSTANCES ................................................................ 21 G. RIGHT OF APPEAL .................................................................................................. 21 H. RIGHT OF APPEAL: HEARING .............................................................................. 21 I. RIGHT OF APPEAL:REPRESENTATION ............................................................. 21 J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR ............................ 22 K. RIGHT OF APPEAL: DECISION ............................................................................. 22 L. EFFECT OF DISCIPLINARY ACTIONS ................................................................. 22

1. Oral Reprimand ..................................................................................................... 22

2. Written Reprimand ................................................................................................ 22

3. Disciplinary Probation .......................................................................................... 22

4. Suspension ............................................................................................................ 22

5. Salary Reduction ................................................................................................... 22

6. Discharge .............................................................................................................. 22 M. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARYACTION AGAINST MUNICIPAL EMPLOYEES ................................................................... 22 N. INFORMAL COUNSELING WITH THE CITY MANAGER ................................. 23 O. NON-APPLICABILITY ............................................................................................. 23 XXI. MISCELLANEOUS ......................................................................................................... 23 A. REPORTS OF CHANGE OF STATUS ..................................................................... 23 B. DAMAGE CLAIMS ................................................................................................... 23 C. GRATUITIES ............................................................................................................. 23 D. OUTSIDE EMPLOYMENT ....................................................................................... 23 E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITYBUSINESS

6.7 Consent Page 40
..................................................................................................................................... 24 F. CONFLICT OF INTEREST ....................................................................................... 24 G. DAMAGED EQUIPMENT REVIEWCOMMITTEE ............................................... 24

1. Fire Department .................................................................................................... 24 H. PERSONNEL FILES .................................................................................................. 24 I. POSITION RECLASSIFICATION ............................................................................ 24

1. Position Reclassification ....................................................................................... 24

2. Classification Analysis.......................................................................................... 24

3. Appeals ................................................................................................................. 25 J. EMPLOYEE ASSISTANCE PROGRAMPOLICY .................................................. 25 K. FLEXIBLE BENEFITS PROGRAM.......................................................................... 25 L. VEHICLE USE POLICY ............................................................................................ 25 M. WELLNESS PROGRAM ........................................................................................... 25 N. STATION ASSIGNMENT POLICY.......................................................................... 26 XXII. INSURANCE .................................................................................................................... 27 A. HEALTH, DENTAL, AND VISION .......................................................................... 27 B. INSURANCE - LIFE .................................................................................................. 27 C. INSURANCE – DISABILITY ................................................................................... 28 Side Letter #1 Regarding Additional Discussion & Study of Compensation Study .................... 30

6.7 Consent Page 41
I. RECOGNITION
The City acknowledges the Tulare City Professional Fire Fighters AssociationFire Chief Officer Group as the recognized employee organization representing the sworn Chief Officers in the Tulare Fire Department excluding the Fire Chief.

The articles and provisions contained herein constitute a bilateral and binding Agreement by and between the City of Tulare and the Tulare City Professional Fire Fighters AssociationFire Chief Officers, upon ratification of the Tulare City Council.

IV. MAINTENANCE OFBENEFITS
The City and the Tulare City Professional Fire Fighters Association Chief Officers agree to meet and confer on any proposed changes to Title I, Chapter 14, Sections 1-13 of the City Code of Tulare, California and Resolution No 2537, Rules and Regulations for the Administration of the City of Tulare Merit Personnel System which may have a direct impact on employees represented by the ProfessionalTulare Fire Fighters AssociationChief Officer Group within thirty (30) days upon written request of either party throughout the term of this Memorandum of Understanding.

The City of Tulare and the Tulare City Professional Fire Fighters Association have met and conferred on the following Administrative Policies: Sexual Harassment, Modified Light Duty, Substance Abuse and Family Care and Medical Leave.

6.7 Consent Page 42
Participation by an employee in this bargaining unit in a strike or work stoppage is governed by California Labor Code Section 1962. The UnionGroup and its members, officers and representatives agree that they will not cause or condone any strike, slow down, or sick out during the term of this Agreement.

VIII. WORK ACCESS AND EMPLOYEEINFORMATION
The UnionGroup may have access to work locations for the posting of employee information, investigation of employee grievances, for representation of employees at grievance and disciplinary hearings and during non-work times for discussions with employees of issues and events when approved by the Personnel Officer. A reasonable number of locations for posting employee information shall be made available by the City. Copies of materials to be posted shall be sent to the Personnel Officer.

IX. NOTICE OF CHANGE OF WORK RULES
Except in cases of emergency when the City determines that it must act immediately, the City shall give the UnionGroup reasonable notice of any ordinance, rule, resolution or regulation affecting the UnionGroup or represented employees and directly relating to matters within the scope of representation proposed to be adopted by the City Council.

X. SALARY
Salary increases provided during the term of this Memorandum of Understanding shall be as follows:
24% increase effective the first full pay period in July 20192023.

A. 2% increase effective the first full pay period in July 2020.

B. 2% increase effective the first full pay period in July 2021.

C. In addition to C above, should any resolution with the Tulare Police Officer’s Union result in salary increases greater than two (2%) percent in any given year, the parties agree to meet and discuss in a timely manner.

In the future the following cities will be surveyed for total compensation comparisons:

Manteca, TurlockBakersfield, Clovis, Dinuba, Fresno, Hanford, Porterville, and Visalia, and

6.7 Consent Page 43
Merced.

XII. RENEGOTIATIONFURTHER NEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other its written request to commence negotiations. In addition, if any other bargaining unit receives a cost of living increase during the second year of the contract than the city agrees to reopen the contract to meet and confer on the one item.

The Tulare City Professional Fire Fighters AssociationChief Officer Group recognizes that the City of Tulare has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Tulare City Professional Fire Fighters AssociationChief Officer Group will be notified of these proposed accommodations prior to implementation by the City of Tulare of any accommodation impacting the terms and conditions of employment of employees covered by this MOU.

XIV. TERM
Unless specified otherwise herein, the provisions of the Memorandum of Understanding become effective July 1, 20192023 shall continue through and including June 30, 2022. 2024. The parties agree to reopen the meet and confer process for further discussion on or after March 1, 20222024 except as to issues subject to additional discussion as stated herein.

XV. COMPENSATION AND HOURS
A. APPLICATION OF SALARY RANGES AND RATES

1. Promotion
Any employee receiving a promotion shall start at the first step of the salary range of the

6.7 Consent Page 44
class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary is equal to or exceeds the first step of the class to which he/she is promoted. In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of approximately a 5 percent and not to be less than 4 percent increase in salary.

B. STANDARD WORK PERIODS
The standard work period for city employee shall be as follows:

1. Fire Department Non-Shift personnel or staff positions The standard work period for non-shift or staff positions represented by this bargaining unit shall be forty (40) hours per week.

D. COMPUTATION OF SALARY
Salaries for all authorized city positions are set forth in the City Compensation Plan.

6.7 Consent Page 45
forty (40) hours in a standard work week for non-shift personnel, and any time worked in excess of the standard work period as defined in XVB. The use of, vacation and holidays shall be included in the definition of time worked only if scheduled and approved during first and second round picks and or fourteen days in advance. In addition, sick leave for the use of bereavement time will count towards the overtime calculation. Those employees working mutual aid, strike team or recall of all personnel shall be allowed to count all leave banks as time worked for those events.

F. OVERTIME COMPENSATION:

Twenty-four (24) hour duty shift Chiefs Officers that are FLSA Exempt shall be paid straight time hourly rate of pay for hours worked in excess of regularly scheduled shifts.

G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE
All staffing related issues are referenced in City of Tulare Staffing Policy as agreed by Side

6.7 Consent Page 46
Letter Agreement dated August 3, 2010 effective September 1, 2010.

I. DEDUCTIONS
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

J. PAID HOLIDAYS

1. Regular Holidays for Pay Purposes
Effective July 1, 1977, with the exception hereinafter stated, holidays for all officers and employees of the public offices of the City of Tulare shall be as follows:
a. January 1 (New Year's Day)
b. The third Monday in January (effective 1994) (Martin Luther King, Jr. Birthday) c. The third Monday in February (President's Day)
d. The last Monday in May (Memorial Day)
e. July 4 (Independence Day)
f. The first Monday in September (Labor Day)
g. November 11 (Veterans Day)
h. The fourth Thursday in November (Thanksgiving Day)
i. The day after Thanksgiving Day
j. December 25 (Christmas Day)
k. The employee's date of birth
l. Two days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
m. Every day appointed by the President of the United States or the Governor of California for public fast, Thanksgiving, mourning or holidays as determined by the City Manager.

6.7 Consent Page 47
shall be paid for the eight days 44.8 hours the first paycheck in June and 44.8 hours the first paycheck in December. The remaining 56 hours (divided by 26 pay periods) shall be added to the employee’s annual vacation leave bank.

L. COMPENSATION DURING ATTENDANCE OF A TRAININGCOURSE

1. Holidays
Employees directed to attend training courses will be compensated as provided in Article XV.K. above.

2. Vacations
Employees directed to attend training coursecourses held during their vacation days will be allowed to reschedule their vacation days.

3. Days Off or Off Duty Shifts
Employees directed to attend training coursecourses on their days off or off duty shifts will be compensated as provided in Article XV.F above. Whenever an employee is out of the city for a number of days on a training course, such as one week seminars, etc., the regular working schedule has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized.

Under unusual circumstances, d58400eviationdeviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

6.7 Consent Page 48
receive thirty-two (32) hours of management leave (44.8 hours for twenty four hour shift personnel) per fiscal year. Management Leave will be divided by 26 pay periods and be accrued as part of Annual Leave.

N. EDUCATION AND CERTIFICATION INCENTIVEPROGRAM

1. All regular, full-time, permanent employees shall be entitled to receive educational and certification incentive pay in the amounts set forth below, commencing with the first pay period following documentation of the award being turned into the Human Resources Department. Documentation shall be considered the award or conferral by a community college or university transcripts (public or private recognized and accredited post-secondary educational institution) and/or the California State Fire Training (CSFT)California State Fire Marshal’s Office (CSFM). The maximum amount that any employee shall be eligible for is 5% of base pay. 2% - Completed CSFT Company Officer or Fire Officer Education RequirementsCSFM Fire Officer Certificate
3% - Completed CSFT Chief Fire Officer or Chief Officer Education RequirementsCSFM Chief Officer Certificate

2.5% - 60 Units of college coursework (20 units in Fire Science related field) 5% - Bachelor’s Degree (with 20 units in Fire Science related field)

Current Members in the Fire Investigation Unit shall receive two hours of straight time for everyday on "stand-by" when off-duty and not called to investigate an incident.

3. Members with paramedic certification shall be eligible for a specialty salary incentive pay of 5% of base pay at the discretion of and with approval from the Fire Chief.

6.7 Consent Page 49
on the city’s Overnight Travel and Training requirements. An employee must make his or her own arrangements for time off during any other training covered by this section.

The City agrees that it will be responsible for the cost of EMS re-certification; all training shall be done on the employees own time.

O. SICK LEAVE COMPENSATION

Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

P. COMPENSATION FOR FRACTIONS OF HOURSWORKED
Fractions of hours worked shall be compensated as follows:
0 - 7.5 minutes no payment

7.5 - 22.5 minutes .25 hour

22.5 - 37.5 minutes .50 hour

37.5 - 52.5 minutes .75 hour

52.5 - 60.0 minutes 1.00 hour
Q. RETIREMENT COMPENSATION

2. The city of Tulare has contracted with PERS for optional benefits. The coverage key reflects the following changes:

Optional Benefit Misc Fire Police

8.1 1 year final comp 12-14-1991 12-14-1991 12-14-1991

8.3 Sick leave credit 12-14-1991 12-14-1991 12-14-1991

8.4 1959 Survivor 03-21-1975 03-21-1975 03-21-1975

6.7 Consent Page 50

8.6 Military Sr Credit 76 06-30-1997 No no

8.21 2%@55 Ret formula no 12-08-1984 12-08-1984

8.22 Inc 59 Survivor 07-04-1980 07-03-1980 07-03-1980

8.40 3%@55 Ret formula no 01-01-2002 01-01-2002

8.44 2%@55 Ret formula 06-30-1997 No no

8.48 4th lvl 1959 surv ben 11-06-1998 01-01-02 08-01-95

2.7%@55 Ret formula 07-01-06 No no
3%@50 Ret formula no 01-01-07 01-01-07

2.5%@55 Ret formula (new
employees hired on or after
effective date)
07-03-10 No no
3%@55 Ret formula (new
employees hired on or after
effective date)
no 07-03-10 no

PEPRA bargaining unit employees of the UnionGroup (employees hired on or after January 1, 2013) shall pay fifty percent (50%) of the normal cost as determined by CalPERS for the 2.7% at 57 plan. Effective with the first pay period in January of 2018, employees in the UnionGroup began picking up three percent (3%) of the City’s share of CalPERS, for Classic and PEPRA members.

2. PERS SURVIVOR BENEFIT
a. Management Fire Personnel
The City of Tulare shall maintain the PERS Survivor benefit at level IV, effective 7/1/00.
b. The Fire Department Sworn positions are part of a pooled group and receive the preretirement option 2W death benefit by being in the pool.

R. BILINGUAL PAY
Sworn public safety personnel, up through and including the rank of Fire Division Chief, shall receive an incentive bonus of two per cent (2%) incentive bonus for certification as being bilingual in accordance with standards established by the Human Resources Manager insuring that the said employee is competent and proficient in the language certified. (09/90&09/93) A recertification shall occur every 3 years. An employee not passing the re- certification shall not continue to receive the incentive bonus.

S. DEFERRED COMPENSATION
All regular employees may, at the employee's request, be included in a Deferred

6.7 Consent Page 51
Compensation Plan whereby the employee may provide for the deferral of a specified amount of current income to be invested and the payment of such deferred amount and interest thereon to be made at a later date. Said Deferred Compensation Plan shall be subject to approval by the Internal Revenue Service. Implementation of the plan shall involve no cost or charge to the city.

T. UNIFORM ALLOWANCE

1. Regular Employees of the Fire Department
Regular Sworn Fire personnel required to wear uniforms in the performance of their duties shall receive a uniform allowance of $900 per year. New employees of the Fire Department shall receive, upon initial employment, two pairs of pants, two shirts, one work jacket, one dress jacket, one dress pant, one pair of boots, one belt, and one cap and one complete set of Class-A uniform. Any new or reappointed employee whose appointment begins prior to January 1 of any year shall be granted the allotment for uniform maintenance. If appointed or reappointed after January 1, he/she shall be granted uniform allowance the following year.

2. Additional Uniforms and Uniform Allowance Procedures Any additional uniforms needed shall be supplied at the employee's expense. The City Manager shall establish such regulations and procedures needed for the administration of the uniform allowance procedure.

U. MINIMUM STAFFING

2. Minimum staffing must be maintained unless approval is granted by the Fire Chief before deviation from policy.

6.7 Consent Page 52
v.vi. Or a FF/EMT, so long as at least one Paramedic is assigned to each apparatus to maintain Advance Life Support.
c. Any apparatus responding as "first out" on emergency calls at a given station must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
iii. 1 Firefighter/Paramedic
d. Apparatus designated second out fromT-65 at Station #61 must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
e. Staffing of personnel on specific apparatus shall be at the sole discretion of the Fire Chief based on the needs.
f. If the City is awarded SAFER, the parties agree to meet and confer to discuss changes to staffing standards and positions.

XVI. ANNUAL VACATION LEAVE
A. PURPOSE OF ANNUAL VACATION LEAVE
The purpose of an annual vacation is to allow an employee time to both mentally and physically refresh himself/herself in order that he/she be better able to carry out the duties of his/her position. To achieve this goal, it is the intention of the city to have the employee schedule a vacation for periods of at least one week.

B. ELIGIBILITY FOR ANNUAL VACATIONLEAVE

1. Regular, Regular Part Time, Probationary and Temporary Employees:

6.7 Consent Page 53
D. ACCUMULATION OF ANNUAL VACATIONLEAVE

1. Fire Management
Fire Management shift personnel may accumulate up to 530 hours which includes vacation, holidays and management leave.

Fire Department Scheduling
For definition purposes suppression personnel shall include the following ranks in the Fire department: Division Chief; Captain; Engineer, and Firefighter/Paramedic

1. Unless otherwise modified by the Fire Chief, personnel shall make their first vacation selections according to the following time lines:

Division Chiefs - by December 1
Captains - by December 5
Engineers - by December 10
Firefighter/Paramedic - by December 15

2. Unless otherwise modified by the Fire Chief, personnel shall make their second vacation selections according to the following time lines:

Division Chiefs - by December 18
Captains - by December 23
Engineers – by December 31
Firefighters, Firefighter/Paramedic - by January 5
Personnel not scheduling vacations within the stated time-lines forfeit their seniority and must wait until ALL personnel on their shift have completed their selection before re-consideration.

Two suppression personnel shall be allowed to be on vacation at any one time.

Following the initial vacation requesting period, ALL vacation requests not already approved 14 days or less prior to a special event may be blocked to aid in the scheduling of the coverage for that special event.

6.7 Consent Page 54
first twenty-four hours will be considered as the first shift and the second 24 hours will be considered the second shift) Employees will be allowed, upon the approval of their Division Chief, up to three (3) hours of unscheduled vacation leave during their shift. After three (3) hours, any additional time will be taken as Family Medical Leave.
(added by resolution 05-5244)
F. WORKING DURING ANNUAL VACATIONLEAVE
The city shall discourage any employee from working for another employer during his/her annual vacation. At no time will an employee be permitted to work for the city during his/her vacation and receive double compensation.

6.7 Consent Page 55
C. ACCRUAL OF SICK LEAVE

D. ACCUMULATION OF SICK LEAVE

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel Effective the first full pay period in July 2011 there will be no cap on sick leave accrual.

F. USAGE OF SICK LEAVE
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

G. DEDUCTION OF SICK LEAVE
Sick leave shall be deducted at the rate of one hour sick leave for each hour absent.

H. VERIFICATION OF SICK LEAVEUSAGE
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician's certification of the employee's illness.

I. SICK LEAVE COMPENSATION UPONTERMINATION
There is no cash value to sick leave other than what is listed under “sick leave compensation upon retirement”.

J. SICK LEAVE COMPENSATION UPONRETIREMENT

6.7 Consent Page 56
An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be allowed the option of cashing out up to thirty (30) days (336 hours) and then placing all other time into an “account” with the City of Tulare. Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account. Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

K. WORKERS COMPENSATION

6.7 Consent Page 57
f. No employee of the Fire Department shall receive wage or salary payments from the city after a period of five years from the date of injury for any one injury. g. The parties agree to develop a Workers Compensation "Carve Out Program" that meets the requirements of Labor Code section 3201.7. Details of the program shall be subject to further ratification between the Group and the City.

L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION

6.7 Consent Page 58
days may result in termination of employment.

C. LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATEFAMILY
Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with XIX (A)
D. MATERNITY
Leave of absence for maternity will be covered under the provisions authorized in XVII (A) and (G). An employee may work until she has been advised by her doctor to cease working.

H. LEAVE FOR ATTENDANCE AT INDUSTRIALACCIDENT COMMISSION

6.7 Consent Page 59
of five (5) days with pay (60 hours for twenty-four hour shift personnel) shall be allowed.

Employees shall be granted 1 day from work for the death of a relative. A relative is a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.

If additional time is required for any of the above, the employee with the Department Head approval may take sick days as needed in compliance with SEC. 702 and SEC. 709.

All other uses of bereavement leave i.e. aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

D. Any employee bumping into a lower job classification and remaining in said classification for a period of six or more months shall lose his/her previous classification seniority.

XX. DISCIPLINARY PROCEEDINGS
A. DISCIPLINARY ACTION:DEFINITION
As used in this Article "disciplinary action" shall mean discharge, demotion, reduction in

6.7 Consent Page 60
salary, reprimand, disciplinary probation, suspension.

B. CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee may include, but not be limited to, the following:

1. Unauthorized absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to following the instruction of a Supervisor, manager or other property authority.

4. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.

6. Falsifying or altering city records, including, but not limited to, employment, medical, pay and benefit records, or permitting one's time card to be recorded by another employee.

7. Thefts of, or intentional harm to, city or other's personal property.

8. Dishonesty.

9. Violation of safety rules.

10. Unauthorized removal of city documents, records or other property.

11. Negligent or careless performance of duties.

12. Failure to meet acceptable standards of performance.

13. Failure to observe work schedules or assignments.

14. Misuse of city property.

15. Unauthorized departure from job, department or city premises.

16. Loitering or sleeping on the job.

17. Gambling on city's premises or while on duty elsewhere.

18. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the city.

19. Allowing unauthorized individuals to ride in city's vehicles.

20. Discourteous treatment of the public or other employees.

1. A description of the action to be taken and the effective date or dates.

6.7 Consent Page 61

2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.

3. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline.

4. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.

5. A statement that a copy of the materials upon which the proposed action is based in attached or available for inspection upon request.

6. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

Upon request of the affected employee, the City Manager or department head may extend the response from the employee provided that such extension will have no detrimental effect on the city.

I. RIGHT OF APPEAL: REPRESENTATION
The appellant employee shall have the right to appear personally or to be represented by

6.7 Consent Page 62
counsel or by anyone else of his/her choosing, including other city employees, with the exception of supervisory, management and confidential employees.

K. RIGHT OF APPEAL: DECISION
The Hearing Officer shall render a decision within thirty (30) days after the conclusion of the hearing or after receipt of the official hearing transcript. The Hearing Officers decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant. If the disciplinary action taken against the employee is reversed or modified by the Hearing Officer, the employee shall be compensated in all or in part for the time lost as determined by the Hearing Officer. Any appeal of the Hearing Officers decision through judicial review must be filed within ninety (90) days of said decision pursuant to the Code of Civil Procedures Section 1094.6. (Amending Resolutions: 3091)
L. EFFECT OF DISCIPLINARY ACTIONS

1. Oral Reprimand
Employees may receive an oral reprimand.

3. Disciplinary Probation
Employees placed on disciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation.

4. Suspension
Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits.

5. Salary Reduction
Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited.

M. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARYACTION

AGAINST MUNICIPAL EMPLOYEES

6.7 Consent Page 63
In the interest of preventing undue embarrassment and subsequent loss of ability to perform city work effectively, the following policy will prevail regarding release of information to the news media on personnel actions:

1. No information shall be released without prior approval of the City Manager.

2. No information will be released until final action has been determined and taken.

3. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken.

O. NON-APPLICABILITY
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries andwages.

C. GRATUITIES
No officer or employee of the city shall solicit or accept any gratuity for services rendered.

6.7 Consent Page 64
with the proper discharge of the employee's official duties. All such approvals shall be subject to review by the Personnel Officer and shall be resubmitted prior to January 10 each year to maintain a valid, continuous authorization.

E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITYBUSINESS Regular city employees may receive compensation for the use of their personal vehicle in city business. Such compensation shall be the prevailing IRS approved rate and upon approval of the employee's department head. (amended by Resolution 3629) F. CONFLICT OF INTEREST
All designated employees shall comply with departmental conflict of interest codes or the applicable regulations adopted by the Fair Political PracticesCommission.

G. DAMAGED EQUIPMENT REVIEWCOMMITTEE

The city shall endeavor to complete the analysis as soon as practicable.

6.7 Consent Page 65

3. Appeals
If the employee disagrees with the response of the Personnel Officer, he/she may appeal to the City Manager in writing. The written appeal must state the reasons why he/she feels that the Personnel Officer's findings were incorrect. The City Manager may review the appeal, assign it to his designee or establish an advisory committee to review the matter. The decision of the City Manager shall be final. (amended by Resolution 3887)
J. EMPLOYEE ASSISTANCE PROGRAMPOLICY
The city recognizes emotional, medical and substance abuse (alcohol and drugs) problems as treatable conditions. An employee's problem with alcohol and drug abuse, etc., will be a concern only when it manifests affect upon his/her job performance. There is no desire on the part of the city to intrude into the employee's private life. However, if personal problems being to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee.

2. Chief Officers shall be provided a vehicle in accordance with City policy.

M. WELLNESS PROGRAM

2. The city agrees that PT for the fire department shall occur at a mutually agreed upon facility. The city shall pay up to $35.00 per month per sworn fire personnel for use

6.7 Consent Page 66
of the facility. Any increase in fees beyond the $35.00 shall be subject to the meet and confer process.

N. STATION ASSIGNMENT POLICY
It is the policy of the City of Tulare Fire Department to uniformly administer the station assignments and transfer of personnel in a manner that fulfills the needs of the department and considers the desires of the individuals who are affected. If a 40-hour Division Chief position is created, members of this group will bid for shift and non-shift positions. If no member volunteers for the non-shift position(s), the Fire Chief will assign the Division Chief with the least seniority.

Division Chiefs will not bid shifts unless a bid is triggered by the creation of a non-shift position.

If that occurs, shift assignments will be bid along with the non-shift assignment.

1. The following guidelines define policy for station and shift assignments and will assist in the interpretation and administration of this process.

In the event no Division Chief volunteers for such assignment, the assignment will be given to the least senior Division Chief.

5. The Fire Investigator position is not considered a suppression function, and shall not fall under the guidelines of this bid process.

6. Station and shift assignment changes will become effective the first week in January of even years. The bid cycle is every other year.

6.7 Consent Page 67
XXII. INSURANCE
A. HEALTH, DENTAL, AND VISION

2. Employees hired after June 23, 1984, upon retirement, shall pay 100 per cent of the total costs of the health insurance premium (with or without dependent coverage).

Any increases in future premiums after retirement shall be borne by the retiree. In order to be eligible for said benefits, the employees must directly retire, be at least 55 years of age and have provided ten years of service to the City of Tulare. Effective August 1, 2006, mManagement employees with more than 20 years of service with the City of Tulare and obtaining the age of 50 and retiring are eligible to continue on the city health insurance at the same rate as if they were 55. (Amending Resolutions: 00-4687, 06-5374) If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health Insurance Committee stating the reasons why such an increase or changes are recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation. The City Manager will make a decision based on the information provided and present it to the City Council for implementation. The City and employees agree to pay any increased costs in the same proportion as the current contribution.

This unit will receive $250 per employee toward section 125 medical benefits effective July 1, 2012.

B. INSURANCE - LIFE

1. The term life insurance portion of the employee health insurance plan shall be provided for fire management employees as specified in the employee health insurance policy, in the following manner:

6.7 Consent Page 68
The premium for said term life insurance will be at the cost of the city. (amended by Resolution 3298)
C. INSURANCE – DISABILITY
The City agrees that is will payroll deduct from the employee’s check the monthly disability premium amount plus the yearly cost of membership into CSFA. The city shall then pay the premium to the vendor. Enrollment into CSFA shall be mandatory and enrollment into CSFA will be handled by the Human Resources Department.

6.7 Consent Page 69

MEMORANDUM OF UNDERSTANDING
July 1, 20192023 through June 30, 20222024

A MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF TULARE AND THE

TULARE CITY PROFESSIONAL FIRE FIGHTERS ASSOCIATION

CHIEF OFFICER BARGAINING GROUP

6.7 Consent Page 70
Side Letter #1 Regarding Additional Discussion & Study of Compensation Study The parties to this Side Letter Agreement are the City of Tulare (“City”) and Tulare Fire Chief Officer Group. The terms of this agreement shall be effective immediately upon both parties signing.

Option 2: Battalion Chiefs/FLSA non-exempt – our members are reclassified as Battalion Chiefs.

The previously used Battalion Chief job classification will be used including FLSA non-exempt status.

Mario U. Zamora / Date / Date
City Attorney Consultant
Marc Mondell / Date / Date
Finance Director TPFA Representative
Janice Avila / Date / Date
Human Resources Director TPFA Representative

6.7 Consent Page 71

MEMORANDUM
OF

UNDERSTANDING
Between the City of Tulare and
Tulare City Professional Fire
Fighters Association Management
Bargaining Group (Fire Captains)
Effective Date: July 1, 2023 through June 30, 2025
Approved by Council:

6.7 Consent Page 72 ATTACHMENT 3

MEMORANDUM OF UNDERSTANDING
July 1, 2023 through June 30, 2025

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE AND THE

TULARE CITY PROFESSIONAL FIRE FIGHTERS

ASSOCIATION MANAGEMENT BARGAINING GROUP
(Fire Captains)
I. RECOGNITION ....................................................................................................................... 1 II. PURPOSE ................................................................................................................................. 1 III. NON-DISCRIMINATION ....................................................................................................... 1 IV. MAINTENANCE OF BENEFITS ........................................................................................... 1 V. CITY AUTHORITY ................................................................................................................. 1 VI. EMPLOYEE RIGHT TO REPRESENTATION ...................................................................... 2 VII. AVAILABILITY OF RULES AND REGULATIONS ...................................................... 2 VIII. WORK ACCESS AND EMPLOYEE INFORMATION ................................................... 2 IX. NOTICE OF CHANGE OF WORK RULES ........................................................................... 2 X. SALARY................................................................................................................................... 2 XI. SEVERABILITY ...................................................................................................................... 2 XII. RENEGOTIATION ............................................................................................................ 3 XIII. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT ....................... 3 XIV. TERM ................................................................................................................................. 3 XV. COMPENSATION AND HOURS ..................................................................................... 3 A. APPLICATION OF SALARY RANGES AND RATES ................................................... 3

1. Promotion ...................................................................................................................... 3

2. Differential .................................................................................................................... 4 B. STANDARD WORK PERIODS ........................................................................................ 4

1. Fire Department Non-Shift personnel or staff positions ............................................... 4

2. Fire Department Shift Personnel ................................................................................... 4 C. EXCEPTIONS TO STANDARD WORK PERIODS ........................................................ 4 D. COMPUTATION OF SALARY ........................................................................................ 4 E. OVERTIME POLICY: DEFINITION ................................................................................ 4 F. OVERTIME COMPENSATION: ...................................................................................... 5

1. General Provisions ........................................................................................................ 5 G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE .......................... 5 H. OVERTIME CONDITIONS: LOCAL PERIL OR DISASTER ........................................ 6 I. DEDUCTIONS ................................................................................................................... 6 J. PAID HOLIDAYS .............................................................................................................. 6

1. Regular Holidays for Pay Purposes .............................................................................. 6 K. REGULAR HOLIDAYS FOR PAY PURPOSES .............................................................. 7

1. Fire Shift Personnel....................................................................................................... 7

2. Paid Days in Lieu of Holidays at Termination ............................................................. 7 L. COMPENSATION FOR WORK ON PAID HOLIDAYS ................................................. 7 M. COMPENSATION DURING ATTENDANCE OF A TRAINING COURSE DURING VACATION, HOLIDAYS, DAY OFF .............................................................................. 7

6.7 Consent Page 73

1. Holidays ........................................................................................................................ 7

2. Vacations....................................................................................................................... 7

3. Days Off or Off Duty Shifts.......................................................................................... 7 N. MANAGEMENT LEAVE.................................................................................................. 8 O. EDUCATION AND CERTIFICATION INCENTIVE PROGRAM ................................. 8 P. SICK LEAVE COMPENSATION ..................................................................................... 9

1. Upon Retirement ........................................................................................................... 9 Q. COMPENSATION FOR FRACTIONS OF HOURS WORKED ...................................... 9 R. RETIREMENT COMPENSATION ................................................................................. 10

1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENT SYSTEM .......... 10

2. PERS SURVIVOR BENEFIT .................................................................................... 10 S. BILINGUAL PAY ............................................................................................................ 11 T. DEFERRED COMPENSATION...................................................................................... 11 P. UNIFORM ALLOWANCE .............................................................................................. 11

1. Regular Employees of the Fire Department................................................................ 11

2. Additional Uniforms and Uniform Allowance Procedures ........................................ 11 U. MINIMUM STAFFING ................................................................................................... 11 XVI. ANNUAL VACATION LEAVE ...................................................................................... 12 A. PURPOSE OF ANNUAL VACATION LEAVE ............................................................. 12 B. ELIGIBILITY FOR ANNUAL VACATION LEAVE .................................................... 12

1. Regular, Regular Part Time, Probationary and Temporary Employees ..................... 12 C. ACCRUAL OF ANNUAL VACATION LEAVE ........................................................... 12

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel .................... 13 D. ACCUMULATION OF ANNUAL VACATION LEAVE .............................................. 13

1. Fire Management ........................................................................................................ 13 E. SCHEDULING OF VACATION LEAVE ....................................................................... 13

1. Fire Department Scheduling ....................................................................................... 13 F. WORKING DURING ANNUAL VACATION LEAVE ................................................. 14 G. HOLIDAYS WITHIN VACATION LEAVE .................................................................. 14 H. ILLNESS WITHIN VACATION LEAVE ....................................................................... 14 I. PAYMENT OF ANNUAL LEAVE UPON TERMINATION ........................................ 14 J. EFFECT OF EXTENDED MILITARY LEAVE ............................................................. 14 XVII. SICK LEAVE ............................................................................................................. 14 A. STATEMENT OF POLICY ............................................................................................. 14 B. ELIGIBILITY FOR SICK LEAVE .................................................................................. 15

1. Regular, Regular Part Time, Probationary and Temporary Employees ..................... 15

2. Seasonal Part Time Personnel ..................................................................................... 15 C. ACCRUAL OF SICK LEAVE ......................................................................................... 15

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ............................... 15

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel ....................... 15 D. ACCUMULATION OF SICK LEAVE ............................................................................ 15

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel ................ 15 E. HOLIDAYS WITHIN SICK LEAVE .............................................................................. 15 F. USAGE OF SICK LEAVE ............................................................................................... 15 G. DEDUCTION OF SICK LEAVE ..................................................................................... 15 H. VERIFICATION OF SICK LEAVE USAGE .................................................................. 15

6.7 Consent Page 74
I. SICK LEAVE COMPENSATION UPON TERMINATION .......................................... 16 J. SICK LEAVE COMPENSATION UPON RETIREMENT ............................................. 16 K. WORKERS COMPENSATION ....................................................................................... 16

1. Fire Department Personnel ......................................................................................... 16 L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION BENEFITS ........................................................................................................................ 17 M. EMPLOYEE REHABILITATION ................................................................................... 17 XVIII. OTHER LEAVES OF ABSENCE.............................................................................. 18 A. LEAVE OF ABSENCE WITHOUT PAY ....................................................................... 18

1. Approval of Department Head .................................................................................... 18

2. Approval of City Manager .......................................................................................... 18 B. ABSENCE WITHOUT LEAVE....................................................................................... 18 C. LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATE FAMILY ................. 18 D. MATERNITY ................................................................................................................... 18 E. EMPLOYEE'S TIME OFF TO VOTE ............................................................................. 18 F. JURY DUTY: LEAVE OF ABSENCE ............................................................................ 18 G. SUBPOENAS: LEAVE OF ABSENCE ........................................................................... 19 H. LEAVE FOR ATTENDANCE AT INDUSTRIAL ACCIDENT COMMISSION HEARING OR RELATED PHYSICAL EXAMINATIONS........................................... 19 I. BEREAVEMENT LEAVE ............................................................................................... 19 J. EDUCATIONAL LEAVE ................................................................................................ 19 XIX. TERMINATION: LACK OF WORK OR FUNDS .......................................................... 19 XX. DISCIPLINARY PROCEEDINGS .................................................................................. 20 A. DISCIPLINARY ACTION: DEFINITION ...................................................................... 20 B. CAUSES FOR DISCIPLINARY ACTION...................................................................... 20 C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN ........................ 21 D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION ................ 21 E. IMPOSITION OF DISCIPLINARY ACTION ................................................................ 21 F. EXTRAORDINARY CIRCUMSTANCES...................................................................... 22 G. RIGHT OF APPEAL ........................................................................................................ 22 H. RIGHT OF APPEAL: HEARING .................................................................................... 22 I. RIGHT OF APPEAL: REPRESENTATION ................................................................... 22 J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR .................................. 22 K. EFFECT OF DISCIPLINARY ACTIONS ....................................................................... 22

1. Oral Reprimand ........................................................................................................... 22

2. Written Reprimand...................................................................................................... 22

3. Disciplinary Probation ................................................................................................ 23

4. Suspension .................................................................................................................. 23

5. Salary Reduction ......................................................................................................... 23

6. Discharge .................................................................................................................... 23 L. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARY ACTION AGAINST MUNICIPAL EMPLOYEES ......................................................................... 23 M. INFORMAL COUNSELING WITH THE CITY MANAGER ....................................... 23 N. NON-APPLICABILITY ................................................................................................... 23 XXI. MISCELLANEOUS ......................................................................................................... 24 A. REPORTS OF CHANGE OF STATUS ........................................................................... 24

6.7 Consent Page 75
B. DAMAGE CLAIMS ......................................................................................................... 24 C. GRATUITIES ................................................................................................................... 24 D. OUTSIDE EMPLOYMENT ............................................................................................. 24 E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITY BUSINESS ... 24 F. CONFLICT OF INTEREST ............................................................................................. 24 G. DAMAGED EQUIPMENT REVIEW COMMITTEE ..................................................... 24 H. PERSONNEL FILES ........................................................................................................ 24 I. POSITION RECLASSIFICATION .................................................................................. 25

1. Position Reclassification ............................................................................................. 25

2. Classification Analysis................................................................................................ 25

3. Appeals ....................................................................................................................... 25 J. EMPLOYEE ASSISTANCE PROGRAM POLICY ........................................................ 25 K. FLEXIBLE BENEFITS PROGRAM ............................................................................... 25 L. VEHICLE USE POLICY ................................................................................................. 26 M. WELLNESS PROGRAM ................................................................................................. 26 N. STATION ASSIGNMENT POLICY ............................................................................... 26 O. SICK LEAVE DONATION BANK ................................................................................. 27 XXII. INSURANCE .............................................................................................................. 27 A. Health, Dental, and Vision ................................................................................................ 27 B. INSURANCE - LIFE ........................................................................................................ 28 C. INSURANCE - DISABILITY .......................................................................................... 28

6.7 Consent Page 76
I. RECOGNITION
The City acknowledges the Tulare City Professional Fire Fighters Association as the recognized employee organization representing the sworn management employees in the Tulare Fire Department excluding the Fire Chief.

IV. MAINTENANCE OF BENEFITS
The City and the Tulare City Professional Fire Fighters Association agree to meet and confer on any proposed changes to Title I, Chapter 14, Sections 1-13 of the City Code of Tulare, California and Resolution No 2537, Rules and Regulations for the Administration of the City of Tulare Merit Personnel System which may have a direct impact on employees represented by the Professional Fire Fighters Association within thirty (30) days upon written request of either party throughout the term of this Memorandum of Understanding.

6.7 Consent Page 77
Participation by an employee in this bargaining unit in a strike or work stoppage is governed by California Labor Code section 1962. The Union and its members, officers and representatives agree that they will not cause or condone any strike, slow down, or sick out during the term of this Agreement.

VI. EMPLOYEE RIGHT TO REPRESENTATION
Any regular employee has the right to representation by a person of his/her choice at a proposed disciplinary proceeding and at meetings that may have a negative impact on the employee's employment relationship with the City of Tulare. If such a meeting is set, the employee shall be notified of same and of their rights under this section.

VIII. WORK ACCESS AND EMPLOYEE INFORMATION
The Union may have access to work locations for the posting of employee information, investigation of employee grievances, for representation of employees at grievance and disciplinary hearings and during non-work times for discussions with employees of issues and events when approved by the Personnel Officer. A reasonable number of locations for posting employee information shall be made available by the City. Copies of materials to be posted shall be sent to the Personnel Officer.

IX. NOTICE OF CHANGE OF WORK RULES
Except in cases of emergency when the City determines that it must act immediately, the City shall give the Union reasonable notice of any ordinance, rule, resolution or regulation affecting the Union or represented employees and directly relating to matters within the scope of representation proposed to be adopted by the City Council.

X. SALARY
Salary increases provided during the term of this Memorandum of Understanding shall be as follows:
9% increase effective the first full pay period in July 2023. 9% increase effective the first full pay period in July 2024.

The 15% minimum difference between Captain and Engineer ranks shall be maintained.

The total compensation survey will be completed prior to the end if the agreement. The following cities will be surveyed for total compensation comparisons: Hanford, Porterville, Visalia, Dinuba, Fresno, Clovis, and Bakersfield.1
XI. SEVERABILITY
1 The City of Tulare as a whole compares its salaries with the City of Delano. However, Delano does not have a Fire Department and therefore is not considered in the compensation study for this MOU.

6.7 Consent Page 78
If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Memorandum or the application of such provision to persons or circumstances other than those as to which is held invalid shall not be affected thereby and both parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement for such invalidated provision.

XII. RENEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other its written request to commence negotiations. In addition, if any other bargaining unit receives a cost of living increase during the second year of the contract than the city agrees to reopen the contract to meet and confer on the one item.

XIII. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT Because the American with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement may be disregarded in order for the City of Tulare to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

The Tulare City Professional Fire Fighters Association recognizes that the City of Tulare has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Tulare City Professional Fire Fighters Association will be notified of these proposed accommodations prior to implementation by the City of Tulare of any accommodation impacting the terms and conditions of employment of employees covered by this MOU.

XIV. TERM
Unless specified otherwise herein, the provisions of the Memorandum of Understanding become effective July 1, 2023 and shall continue through and including June 30, 2025. The parties agree to reopen the meet and confer process for further discussion on or after March 1, 2025 except as to issues subject to additional discussion as stated herein.

XV. COMPENSATION AND HOURS
A. APPLICATION OF SALARY RANGES AND RATES

In that event, the employee shall be assigned to the step in the salary range to which he/she is

6.7 Consent Page 79
promoted that is the equivalent of approximately a 5 percent and not to be less than 4 percent increase in salary.

2. Differential
There shall be a minimum of 15% salary differential between “E Step” base salary of Fire Captain and Fire Engineer, and between Fire Battalion Chief and Fire Captain and between Fire Division Chief and Fire Battalion Chief. It is agreed that any differential pay for performing Paramedic duties shall not be included in the calculation of base salary for the purpose of this provision. The Administrative Battalion Chief and Training Captain working in a forty-hour work week capacity will be compensated seven percent (7%) Non-Shift Differential.

B. STANDARD WORK PERIODS
The standard work period for city employee shall be as follows:

1. Fire Department Non-Shift personnel or staff positions The standard work period for non-shift or staff positions represented by this bargaining unit shall be forty (40) hours per week.

C. EXCEPTIONS TO STANDARD WORK PERIODS

1. The City Manager is hereby authorized to designate other work periods to other employees when, in his opinion, the best interests of the city may be served by such adjustment of standard work periods and hours. The procedure for making adjustments in the standard work period in hours shall be consistent with provisions of Section 3504.5 of the Government Code.

D. COMPUTATION OF SALARY

1. Salaries for all authorized city positions are set forth in the City Compensation Plan.

6.7 Consent Page 80
picks and or fourteen days in advance. In addition, sick leave for the use of bereavement time will count towards the overtime calculation. Those employees working mutual aid, strike team or recall of all personnel shall be allowed to count all leave banks as time worked for those events.

F. OVERTIME COMPENSATION:

1. General Provisions
Twenty-four (24) hour duty shift Battalion Chiefs and Fire Captains shall be paid overtime at the rate of time and one-half their hourly rate of pay for hours worked in excess of regularly scheduled shifts. Said personnel shall receive a minimum of two (2) hours when called back to work or to attend a mandatory meeting.

Twenty-four (24) hour duty shift Division Chiefs shall be paid straight time hourly rate of pay for hours worked in excess of regularly scheduled shifts. The purpose of this pay is compensation for replacing another Division Chief who is on sick leave, vacation, bereavement leave, or other approved absence. Under no circumstances will Shift Replacement Pay be construed as overtime pay as defined under the Fair Labor Standards Act. Shift exchanges between two employees of the class of Division Chief will not qualify for Special Shift Replacement Pay under these provisions.

CalEMA Reimbursement Policy - If the city is being reimbursed by an outside agency (i.e.

CalEMA) this will fall into the staffing policy of rank for rank overtime because the city is being reimbursed at a Division Chief time and half salary rate. Fire Division Chiefs assigned to work with other entities in response to overhead, strike team, or for “assistance by hire” assignments on behalf of a third party shall be eligible for overtime compensation at a rate equivalent to time and one half of the employee’s hourly rate for each hour of such assignment if the contract for such assignment, or the conditions of reimbursement from the third party, provide for reimbursement of overtime costs at the time-and-one-half hourly rate.

2. Management Staff normally assigned to a forty (40) hour work week are eligible to fill shift work vacancies when non conflicting with their forty (40) hour schedule. When this occurs the employee shall be paid at the shift overtime rate. Staff assigned to the forty (40) hour work week when working overtime can select to receive compensatory time off at the rate of time and one-half. Those permanently assigned to the forty (40) hour shift can accrue up to 120 hours of compensatory time off.

3. In addition to the normal overtime requirements when the Fire Investigator is called out by the Fire Chief and or the Division Chief outside of normal working hours to conduct a fire investigation for the City of Tulare, the Fire Investigator will be paid one additional hour of overtime above time worked. This provision is in lieu of standby pay.

G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE

1. Compensation
An employee who is assigned to and assumes the duties of a higher classification (Acting Battalion Chief) as set forth in this section, shall be entitled to receive $32.50. An employee who is assigned to and assumes the duties of a higher classification (Acting Division Chief), shall be entitled to receive $40.00 if the assignment to either classification is for eight (8) hours or more.

6.7 Consent Page 81

2. Incorporation of Side Letters
Other requirements for acting are referenced in City of Tulare Staffing Policy as agreed by Side Letter Agreement dated August 3, 2010 effective September 1, 2010 and side letter agreement regarding Division Chiefs effective July 2, 2011. All staffing related issues are referenced in City of Tulare Staffing Policy as agreed by Side Letter Agreement dated August 3, 2010 effective September 1, 2010.

H. OVERTIME CONDITIONS: LOCAL PERIL OR DISASTER
In case of disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined at that time for such conditions.

I. DEDUCTIONS
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

J. PAID HOLIDAYS

Birthday)
c. The third Monday in February (President's Day)
d. The last Monday in May (Memorial Day)
e. July 4 (Independence Day)
f. The first Monday in September (Labor Day)
g. November 11 (Veterans Day)
h. The fourth Thursday in November (Thanksgiving Day)
i. The day after Thanksgiving Day
j. December 25 (Christmas Day)
k. The employee's date of birth
l. Two days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
m. Every day appointed by the President of the United States or the Governor of California for public fast, Thanksgiving, mourning or holidays as determined by the City Manager.

6.7 Consent Page 82
If any of the foregoing holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as a holiday. If any of the foregoing holidays fall on an employee's normal day off, except Saturday or Sunday, they shall be credited to vacation.

K. REGULAR HOLIDAYS FOR PAY PURPOSES

1. Fire Shift Personnel
In return for the elimination of the holiday time off Fire shift personnel shall receive thirteen days (104 hours times 1.4 multiplier or 145.6 hours) of annual holiday time. In lieu of taking off eight (89.6 hours) of the thirteen days granted in holidays, each sworn fire shift personnel shall be paid for the eight days 44.8 hours the first paycheck in June and 44.8 hours the first paycheck in December. The remaining 56 hours (divided by 26 pay periods) shall be added to the employee’s annual vacation leave bank.

2. Paid Days in Lieu of Holidays at Termination
Regular employees of the Fire Departments leaving municipal service with accrued pay days in lieu of holidays who give at least two weeks of notice of their intention to terminate shall be paid the amount of accrued days in lieu of holidays to the day of termination. Payment for accrued days in lieu of holidays shall be at the employee's current rate of pay. (amended by Resolution 2582)
L. COMPENSATION FOR WORK ON PAID HOLIDAYS
Non-Shift fire personnel and non-shift probationary employees assigned to work on holidays shall receive compensatory time off or overtime as recommended by the department head subject to the approval of the City Manager. All requests for overtime pay in lieu of compensatory time off shall be made by memorandum to the Fire Chief.

M. COMPENSATION DURING ATTENDANCE OF A TRAINING COURSE

1. Holidays
Employees directed to attend training courses will be compensated as provided in Article XV.K. above.

2. Vacations
Employees directed to attend training course held during their vacation days will be allowed to reschedule their vacation days.

6.7 Consent Page 83
has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized. Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

N. MANAGEMENT LEAVE
All sworn middle management employees with less than five (5) years of service shall receive twenty-four (24) hours management leave (33.6 hours for twenty-four hour shift personnel) per fiscal year. Sworn middle management employees with five (5) or more years of service shall receive thirty-two (32) hours of management leave (44.8 hours for twenty four hour shift personnel) per fiscal year. Management Leave will be divided by 26 pay periods and be accrued as part of Annual Leave.

O. EDUCATION AND CERTIFICATION INCENTIVE PROGRAM

1. All regular, full-time, permanent employees shall be entitled to receive educational and certification incentive pay in the amounts set forth below in item 2, commencing with the first pay period following documentation of the award being turned into the Administrative Services Director. Documentation shall be considered the award or conferral by a community college or university transcripts (public or private recognized and accredited post- secondary educational institution) and/or the California State Fire Training (CSFT). The maximum amount that any employee shall be eligible for is 5%. 2% - Completed CSFT Company Officer or Fire Officer Education Requirements 3% - Completed CSFT Chief Fire Officer or Chief Officer Education Requirements

2.5% - 60 Units of college coursework (20 units in Fire Science related field) 5% - Bachelor’s Degree (with 20 units in Fire Science related field)

2. The Rank of Fire Captain shall be eligible for a 5% specialty salary incentive pay for the position of Lead Fire Investigator. Suppression members seeking this incentive pay shall comply with Lexipol Policy 402, 403, and 404. Members shall maintain current status in the Fire Investigation Unit to be eligible for this Incentive pay. Assignment to the Fire Investigation Unit shall be at the discretion of the Fire Chief.

Current Members in the Fire Investigation Unit shall receive two hours of straight time for everyday on "stand-by" when off-duty and not called to investigate an incident.

3. The Rank of Fire Captain shall receive 5% salary Incentive pay for Paramedic Certification. Fire Captains shall maintain a current State of California Paramedic License and current CCEMSA Certification to be eligible for the incentive pay.

4. Regular city employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their city jobs, such reimbursement shall be subject to administrative rules and procedures established by the Human Resources Division. Effective July 1, 2009, tuition reimbursement will be capped at a maximum of two thousand five hundred dollars ($2,500.00) dollars per fiscal year per employee. This amount may be used to attend Fire, EMS and other Training-approved

6.7 Consent Page 84
courses included in the job description for unit members. Employees may use this money to attend Firehouse World and the Fresno Training Symposium, California Fire, EMS and Disaster Conference, California Conference of Arson, Investigators, National Registry Emergency Medical Technician/Paramedic Refresher courses. Travel and training at the National Fire Academy will be excluded from tuition reimbursement and the city will pay the cost of meals and cover an employee’s time off for this training only. The city will arrange for the time off of an employee attending the NFA, any grant funded training, or any training that is mandatory by the Fire Chief. Unless otherwise provided above, courses which require overnight travel will not be included in this agreement, and will be approved based on the city’s Overnight Travel and Training requirements. An employee must make his or her own arrangements for time off during any other training covered by this section.

The City agrees that is will be responsible for the cost of EMS re-certification; all training shall be done on the employees own time.

5. Paramedic incentive pay and holiday pay shall be reported to CalPERS in accordance with Cal. Code Regs. tit. 2 § 571 et seq.

P. SICK LEAVE COMPENSATION

1. Upon Retirement
An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be allowed the option of cashing out up to thirty (30) days (336 hours) and then placing all other time into an “account” with the City of Tulare. Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account. Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

Q. COMPENSATION FOR FRACTIONS OF HOURS WORKED
Fractions of hours worked shall be compensated as follows:
0 - 7.5 minutes no payment

7.5 - 22.5 minutes .25 hour

22.5 - 37.5 minutes .50 hour

37.5 - 52.5 minutes .75 hour

52.5 - 60.0 minutes 1.00 hour

6.7 Consent Page 85
R. RETIREMENT COMPENSATION

2. The city of Tulare has contracted with PERS for optional benefits.

The coverage key reflects the following changes:

Optional Benefit Misc Fire Police

8.1 1 year final comp 12-14-1991 12-14-1991 12-14-1991

8.3 Sick leave credit 12-14-1991 12-14-1991 12-14-1991

8.4 1959 Survivor 03-21-1975 03-21-1975 03-21-1975

8.6 Military Sr Credit 76 06-30-1997 No no

8.21 2%@55 Ret formula no 12-08-1984 12-08-1984

8.22 Inc 59 Survivor 07-04-1980 07-03-1980 07-03-1980

8.40 3%@55 Ret formula no 01-01-2002 01-01-2002

8.44 2%@55 Ret formula 06-30-1997 No no

8.48 4th lvl 1959 surv ben 11-06-1998 01-01-02 08-01-95

2.7%@55 Ret formula 07-01-06 No no
3%@50 Ret formula no 01-01-07 01-01-07

2.5%@55 Ret formula (new
employees hired on or after
effective date)
07-03-10 No no
3%@55 Ret formula (new
employees hired on or after
effective date)
no 07-03-10 no

1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENT SYSTEM
a. Classic bargaining unit employees of the Union pay nine percent (9%) of the employee’s contribution to the Public Employee’s Retirement System (CalPERS). PEPRA bargaining unit employees (employees hired on or after January 1, 2013) shall pay fifty percent (50%) of the normal cost as determined by CalPERS for the 2.7% at 57 plan. Effective with the first pay period in January of 2018, employees in the Union began picking up three percent (3%) of the City’s share of CalPERS, for Classic and PEPRA members.

2. PERS SURVIVOR BENEFIT
a. Management Fire Personnel

6.7 Consent Page 86
The City of Tulare shall maintain the PERS Survivor benefit at level IV. b. The Fire Department Sworn positions are part of a pooled group and receive the preretirement option 2W death benefit by being in the pool.

S. BILINGUAL PAY
Sworn public safety personnel, up through and including the rank of Fire Battalion Chief, shall receive an incentive bonus of two per cent (2%) incentive bonus for certification as being bilingual in accordance with standards established by the Human Resources Manager insuring that the said employee is competent and proficient in the language certified. A re- certification shall occur every 3 years. An employee not passing the re-certification shall not continue to receive the incentive bonus.

T. DEFERRED COMPENSATION
All regular employees may, at the employee's request, be included in a Deferred Compensation Plan whereby the employee may provide for the deferral of a specified amount of current income to be invested and the payment of such deferred amount and interest thereon to be made at a later date. Said Deferred Compensation Plan shall be subject to approval by the Internal Revenue Service. Implementation of the plan shall involve no cost or charge to the city.

U. UNIFORM ALLOWANCE

1. Regular Employees of the Fire Department
Regular Sworn Fire personnel required to wear uniforms in the performance of their duties shall receive a uniform allowance of $900 per year. New employees of the Fire Department shall receive, upon initial employment, two pairs of pants, two shirts, one work jacket, and one complete set of Class-A uniform. Any new or reappointed employee whose appointment begins prior to January 1 of any year shall be granted the allotment for uniform maintenance. If appointed or reappointed after January 1, he/she shall be granted uniform allowance the following year.

V. MINIMUM STAFFING

2. Minimum staffing must be maintained unless approval is granted by the Fire Chief before deviation from policy.

3. The minimum staffing for the City of Tulare Fire Department is as follows:
a. Twelve (12) suppression personnel (based on 4 companies)

6.7 Consent Page 87
i. 5 personnel at Station #61
ii. 3 personnel at Station #62
iii. 3 personnel at Station #63
iv. 1 Division Chief
b. The minimum staffing must include (based on 4 companies) i. 1 Division Chief
ii. 4 Fire Captains
iii. 4 Fire Engineers
iv. 4 CCEMSA Licensed Paramedics (one of each of four companies) v. Acting positions may be used to satisfy this requirement, but all personnel acting out of class must have completed the required training certification for the position as approved by Human Resources.
c. Any apparatus responding as "first out" on emergency calls at a given station must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
iii. 1 Firefighter/Paramedic
d. T-65 at Station #61 must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
e. Staffing of personnel above the 12 person minimum manning pattern will be at the sole discretion of the Fire Chief and he/she should closely follow NFP A 1710 recommendation on apparatus staffing. At no time will staffing of a "first-out" apparatus be less than 1 Captain, Engineer and Firefighter/Paramedic.

B. ELIGIBILITY FOR ANNUAL VACATION LEAVE

1. Regular, Regular Part Time, Probationary and Temporary Employees All regular, probationary and temporary employees, upon the completion of six months of continuous service, shall be eligible for vacation leave. The amount of time available for an employee's vacation shall be accumulated through the month immediately preceding the month in which the employee's vacation falls.

C. ACCRUAL OF ANNUAL VACATION LEAVE

6.7 Consent Page 88
Vacation leave shall be accrued and credited monthly by all eligible employees who are on pay status for 50 per cent or more of that month. Those employees eligible for vacation as defined in XVI (B) shall accrue vacation at the following rates:

D. ACCUMULATION OF ANNUAL VACATION LEAVE

1. Fire Management
Fire Management shift personnel may accumulate up to 530 hours which includes vacation, holidays and management leave.

New Captains, Battalion Chiefs and Division Chiefs not previously employed with the City of Tulare and employees promoting to the rank of Captain, Battalion Chief or Division Chief with a hire date on or after July 1, 2005 may carry over a maximum accumulation of six months annual vacation leave, for a maximum credit of one and a half years annual leave. If vacation is denied due to a city related emergency, such vacation may be carried over into the following year, if necessary.

1. Fire Department Scheduling
For definition purposes suppression personnel shall include the following ranks in the Fire department: Division Chief; Captain; Engineer, and Firefighter/Paramedic

2. Unless otherwise modified by the Fire Chief, personnel shall make their first vacation selections according to the following time lines:

Captains - by December 1
Engineers - by December 5
Firefighter/Paramedic - by December 10

3. Unless otherwise modified by the Fire Chief, personnel shall make their second vacation selections according to the following time lines:

Captains - by December 18
Engineers - by December 23

6.7 Consent Page 89
Firefighter/Paramedic – by December 31
Personnel not scheduling vacations within the stated time-lines forfeit their seniority and must wait until ALL personnel on their shift have completed their selection before reconsideration.

Two suppression personnel shall be allowed to be on vacation at any one time. Following the initial vacation requesting period, all vacation requests not already approved 14 days or less prior to a special event may be blocked to aid in the scheduling of the coverage for that special event.

After the initial vacation picks have been completed - Any additional vacation requests must be submitted at least sixteen (16) hours prior to the start of the requested shift but no more than 60 days in advance. (For the 48/96 schedule the first twenty-four hours will be considered as the first shift and the second 24 hours will be considered the second shift) Employees will be allowed, upon the approval of their Division Chief, up to three (3) hours of unscheduled vacation leave during their shift. After three (3) hours, any additional time will be taken as Family Medical Leave. (added by resolution 05-5244)
F. WORKING DURING ANNUAL VACATION LEAVE
The city shall discourage any employee from working for another employer during his/her annual vacation. At no time will an employee be permitted to work for the city during his/her vacation and receive double compensation.

G. HOLIDAYS WITHIN VACATION LEAVE
When a recognized city holiday falls within an employee's vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of annual vacation.

I. PAYMENT OF ANNUAL LEAVE UPON TERMINATION
Employees who terminate employment shall be paid for any accrued vacation. Payment for accrued vacation upon termination shall be at the employee's current rate of pay.

XVII. SICK LEAVE
A. STATEMENT OF POLICY

6.7 Consent Page 90
Sick leave shall not be considered as a privilege which an employee may use at his/her own discretion, but shall be granted only upon the recommendation of the department head. Sick leave shall be allowed only in case of necessity and actual personal illness or disability, medical or dental treatment. Sick leave shall be allowed to a maximum of six days (6) per year (69.2 hours per year for twenty-four hour shift personnel) in case of emergency illness in the immediate family. Upon the approval of the City Manager, additional days may be authorized. The immediate family shall be the spouse, parent, child, step child, brother, sister or other close family member as approved by the Administrative Services Director. (amended by Resolution 3740) B. ELIGIBILITY FOR SICK LEAVE

2. Seasonal Part Time Personnel
Seasonal part time personnel shall not be eligible for sick leave with pay.

C. ACCRUAL OF SICK LEAVE

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly by all eligible employees who are on a pay status for 50 percent or more of that month. Those employees eligible for sick leave, as defined in XVII, shall accrue sick leave at the rate of eight (8) hours per month.

D. ACCUMULATION OF SICK LEAVE

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel Effective the first full pay period in July 2011 there will be no cap on sick leave accrual.

E. HOLIDAYS WITHIN SICK LEAVE
When a recognized city holiday falls within an employee's bonafide use of sick leave for which he/she normally would have been excused from work, that day shall not be charged as a day of sick leave.

F. USAGE OF SICK LEAVE
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

G. DEDUCTION OF SICK LEAVE
Sick leave shall be deducted at the rate of one hour sick leave for each hour absent.

H. VERIFICATION OF SICK LEAVE USAGE

6.7 Consent Page 91
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician's certification of the employee's illness.

I. SICK LEAVE COMPENSATION UPON TERMINATION
There is no cash value to sick leave other than what is listed under “sick leave compensation upon retirement”.

J. SICK LEAVE COMPENSATION UPON RETIREMENT
An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be allowed the option of cashing out up to thirty (30) days (336 hours) and then placing all other time into an “account” with the City of Tulare. Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account. Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

K. WORKERS COMPENSATION

6.7 Consent Page 92
b. An employee of the Fire Department who is absent from work by reason of an injury or illness covered by workers compensation will continue to accrue sick leave, vacation and holiday benefits and consideration for normal salary increases as though he/she were not on leave of absence. (amended by Resolution 3091) c. Whenever such disability of an employee continues for a period beyond one year, the leave of absence may continue until the expiration of his/her accrued sick leave, vacation and previously accrued compensatory time off for overtime and paid days in lieu of holidays, calculated to the nearest one-half day, with compensation at the employee's regular rate of pay.
d. When it appears the employee cannot return to work by the expiration of such allowances, disability retirement shall be requested by the city to become effective at the expiration of these allowance unless the employee applies for or consents to his/retirement as of an earlier date, at which time he/she may be compensated for his/her accrued benefits at his/her regular rate of pay. e. No employee of the Fire Department shall be paid any disability indemnity under workers compensation concurrently with wages or salary payments by the city amounting to more than his/her regular rate of pay at any time during his/her leave of absence.
f. No employee of the Fire Department shall receive wage or salary payments from the city after a period of five years from the date of injury for any one injury. g. The parties agree to develop a Workers Compensation "Carve Out Program" that meets the requirements of Labor Code section 3201.7. Details of the program shall be subject to further ratification between the Group and the City.

L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION

6.7 Consent Page 93
XVIII.OTHER LEAVES OF ABSENCE
A. LEAVE OF ABSENCE WITHOUT PAY
Leave of absence without pay may be granted in cases of emergency of where such absence would not be contrary to the best interests of the city. Such leave is not a right but a privilege.

B. ABSENCE WITHOUT LEAVE
Absence without leave shall be considered to be without pay and reduction in the employee's pay shall be made accordingly. Absence without leave for more than three consecutive days may result in termination of employment.

D. MATERNITY
Leave of absence for maternity will be covered under the provisions authorized in XVII(A) and (G). An employee may work until she has been advised by her doctor to cease working. The employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits are exhausted. (SEC. 1604.10, Chapter XIV, Part 1604, Title 29, United States Labor Code)
E. EMPLOYEE'S TIME OFF TO VOTE
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

6.7 Consent Page 94
G. SUBPOENAS: LEAVE OF ABSENCE
Regular employees who are subpoenaed to appear as witnesses in a court trial may be granted a leave of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the city within thirty (30) days from the termination of his/her service. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.

H. LEAVE FOR ATTENDANCE AT INDUSTRIAL ACCIDENT COMMISSION

HEARING OR RELATED PHYSICAL EXAMINATIONS
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city's workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in advance with the department head.

Employees shall be granted 1 day from work for the death of a relative. A relative is a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.

If additional time is required for any of the above, the employee with the Department Head approval may take sick days as needed in compliance with SEC. 702 and SEC. 709.

All other uses of bereavement leave ie. aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

XIX. TERMINATION: LACK OF WORK OR FUNDS

1. An employee may be terminated by the City Manager because of changes in duties or organization, abolishment of position, shortage of work or funds or completion of work.

In cases involving regular employees only, notice of such termination will be given to the

6.7 Consent Page 95
employee at least thirty (30) days prior to the effective date of termination. Such termination shall not be subject to appeal.

2. In any such reduction in personnel caused by lack of work or funds, seniority shall be observed. The order of layoff shall be in the reverse order of total cumulative time the employee has served in his/her current job classification upon the effective date of the layoff. For the purpose of determining order of layoff, total cumulative time shall include the employee's time served in probationary and regular status and time served on military leave of absence while assigned to his/her current job classification.

3. Employees subject to layoff who have seniority in a lower classification may displace (bump) employees in the lower classification having less seniority, provided that the displacing employee is fully qualified and capable of performing the work in the lower classification at the rate of pay for the lower classification.

4. Any employee bumping into a lower job classification and remaining in said classification for a period of six or more months shall lose his/her previous classification seniority.

5. An employee terminated for lack of work or lack of funds shall exist interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedure applies for eighteen months. The employee's name shall be placed on a mailing list for the period designated above.

XX. DISCIPLINARY PROCEEDINGS
A. DISCIPLINARY ACTION: DEFINITION
As used in this Article "disciplinary action" shall mean discharge, demotion, reduction in salary, reprimand, disciplinary probation, suspension.

B. CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee may include, but not be limited to, the following:

1. Unauthorized absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to following the instruction of a Supervisor, manager or other property authority.

4. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.

6. Falsifying or altering city records, including, but not limited to, employment, medical, pay and benefit records, or permitting one's time card to be recorded by another employee.

6.7 Consent Page 96

7. Thefts of, or intentional harm to, city or other's personal property.

8. Dishonesty.

9. Violation of safety rules.

10. Unauthorized removal of city documents, records or other property.

11. Negligent or careless performance of duties.

12. Failure to meet acceptable standards of performance.

13. Failure to observe work schedules or assignments.

14. Misuse of city property.

15. Unauthorized departure from job, department or city premises.

16. Loitering or sleeping on the job.

17. Gambling on city's premises or while on duty elsewhere.

18. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the city.

19. Allowing unauthorized individuals to ride in city's vehicles.

20. Discourteous treatment of the public or other employees.

21. Violation of any provisions of these working rules and regulations, administrative policies or written departmental rules and regulations.(amended by Resolution 3856) C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN
The City Manager or any department head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this chapter.

1. A description of the action to be taken and the effective date or dates.

2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.

3. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline.

4. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.

5. A statement that a copy of the materials upon which the proposed action is based in attached or available for inspection upon request.

6. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

Upon request of the affected employee, the City Manager or department head may extend the response from the employee provided that such extension will have no detrimental effect on the city.

E. IMPOSITION OF DISCIPLINARY ACTION

6.7 Consent Page 97
Upon expiration of the period allowed for employee response and after having given consideration to any response filed by the affected employee, the City Manager or department head may impose appropriate disciplinary action.

G. RIGHT OF APPEAL
A regular employee who is subject to disciplinary action under this section or who is subject to punitive action pursuant to Government Code section 3254(b) shall have the right to an administrative appeal conducted in accordance with the requirements of California Government Code sections 11500 et seq. Such appeal must be filed with the City Manager within ten (10) working days after receipt of the written notice of such disciplinary action pursuant to this section or upon notice of a punitive action pursuant to Government Code section 3254(b). The appeal must be in writing and must state specifically the reasons upon which it is based.

H. RIGHT OF APPEAL: HEARING
Upon receipt of a written appeal from an affected employee, such hearing shall be conducted in accordance with the provisions of SEC. 11513 of the Government Code of the State of California, except that the employee and other persons may be examined as provided in SEC. 19580 of said Government Code and the parties may submit all proper and competent evidence against or in support of the causes, but it shall be a rebuttable presumption that the statement of causes is true.

K. EFFECT OF DISCIPLINARY ACTIONS

1. Oral Reprimand
Employees may receive an oral reprimand.

6.7 Consent Page 98
indicating that he/she has read the reprimand. The employee shall have the right to enclose a written response to the reprimand in his/her personnel jacket.

3. Disciplinary Probation
Employees placed on disciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation.

4. Suspension
Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits.

5. Salary Reduction
Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited.

L. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARY ACTION

1. No information shall be released without prior approval of the City Manager.

2. No information will be released until final action has been determined and taken.

3. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken.

The foregoing personnel procedure is sanctioned under the Ralph M. Brown Act and related laws. The Attorney General's opinion interpreting Government Code Section 54957 is as follows:
"The purpose of SEC. 54957 is to protect individual public employees and officers from unfavorable publicity, and to permit private inquiry into the employee's activities, or investigation of charges against such employees." M. INFORMAL COUNSELING WITH THE CITY MANAGER
Nothing in these rules and regulations shall prohibit the City Manager from meeting informally with an employee regarding possible disciplinary action in order to attempt to resolve the problem.

N. NON-APPLICABILITY
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

6.7 Consent Page 99
XXI. MISCELLANEOUS
A. REPORTS OF CHANGE OF STATUS
All actions involving employment and change in status of employment shall be reported by the department head to the City Manager on City of Tulare Personnel Action Forms. Copies of such reports shall be furnished to the employee involved.

C. GRATUITIES
No officer or employee of the city shall solicit or accept any gratuity for services rendered.

E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITY BUSINESS Regular city employees may receive compensation for the use of their personal vehicle in city business. Such compensation shall be the prevailing IRS approved rate and upon approval of the employee's department head. (amended by Resolution 3629) F. CONFLICT OF INTEREST
All designated employees shall comply with departmental conflict of interest codes or the applicable regulations adopted by the Fair Political Practices Commission.

G. DAMAGED EQUIPMENT REVIEW COMMITTEE
A Fire Department Damaged Clothing Review Board shall be established for the purpose of reviewing and determining rates of payment for claims for clothing damaged in the line of duty.

6.7 Consent Page 100
conduct if such statement is to be placed in the employee's file. No such material shall be filed until an employee has had the opportunity to review and respond to such material. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. (added by Resolution 2765)
I. POSITION RECLASSIFICATION

The city shall endeavor to complete the analysis as soon as practicable.

3. Appeals
If the employee disagrees with the response of the Personnel Officer, he/she may appeal to the City Manager in writing. The written appeal must state the reasons why he/she feels that the Personnel Officer's findings were incorrect. The City Manager may review the appeal, assign it to his designee or establish an advisory committee to review the matter. The decision of the City Manager shall be final. (amended by Resolution 3887)
J. EMPLOYEE ASSISTANCE PROGRAM POLICY
The city recognizes emotional, medical and substance abuse (alcohol and drugs) problems as treatable conditions. An employee's problem with alcohol and drug abuse, etc., will be a concern only when it manifests affect upon his/her job performance. There is no desire on the part of the city to intrude into the employee's private life. However, if personal problems being to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee.

Employees who suspect that they have a problem will take advantage of diagnostic, counseling and assessment services made available through the Employee Assistance Program. (added By Resolution 3001)
K. FLEXIBLE BENEFITS PROGRAM
The city shall establish a flexible benefits program, effective October 1, 1987, in accordance with Section 125 of the Internal Revenue Code. The city shall contribute the entire implementation cost and the employees shall be responsible for the monthly cost. Participation in the flexible benefits program is available to management, confidential, miscellaneous, police and fire personnel. (added by Resolution 3629)

6.7 Consent Page 101
L. VEHICLE USE POLICY

1. The City Manager shall determine the allocation of usage of city-owned vehicles in accordance with the business needs of the city. All city-owned vehicles shall be operated in conformance with administrative policy, unless the use of a vehicle is otherwise controlled by contractual agreement or other policy adopted by the City Council. The City Manager shall be the responsible authority for interpretation and implementation of adopted vehicle use policies. If a Fire Department “pool” vehicle is available it shall be made available to sworn members of the fire department for travel to and from educational and training courses with in one hundred and fifty miles (150) round trip. (added by Resolution 3408)

2. Division Chiefs, Battalion Chiefs, Fire Investigator, and Training Captain shall be provided a vehicle in accordance with city policy.

M. WELLNESS PROGRAM

1. The following guidelines define policy for station and shift assignments and will assist in the interpretation and administration of this process

2. Between October 15 and ending on October 26 of odd numbered years, Fire Captains can select their shift and station assignment based on seniority. The reverse order of Fire Captains bidding first will be a trial bid for one bid cycle. Fire Management Bargaining Unit reserves the right after one bid cycle (2024-2026) to return the bid order to Firefighter/Paramedics and Engineers bidding first.

4. When possible, each shift must have a t a minimum of one qualified acting engineer and acting captain. All engineer or acting engineer positions assigned to T-65 and if out

6.7 Consent Page 102
of service, next available apparatus available out of Fire Station 61 must be paramedic qualified until funds become available to fully staff this unit at the City's discretion.

5. Station and shift assignment changes will become effective the first week in January of even years. The bid cycle is every other year.

6. When station or shift assignments become vacant due to promotion, retirement, or other reasons which create an absence.
a. The Fire Chief shall solicit volunteers in the order of seniority in rank to fill the vacancy. In the event there are no volunteers, the vacancy shall be filled by assigning the least senior employee in the rank to the vacant position.

7. ADMINISTRATION DISCRETION: The Fire Chief shall have the discretion to reassign or transfer one or more employees due to unsatisfactory performance, disciplinary actions, or documented personnel issue, employee conflict issue or address a training deficit.

O. SICK LEAVE DONATION BANK
The City agrees that it will create an Administrative Leave Bank Donation Policy that will specifically allow for donations of time to be given to a specified employee.

XXII. INSURANCE
A. Health, Dental, and Vision

1. For management public safety employees with employee only coverage the employee shall contribute $25 per month towards health care, for those employees enrolled for dependent insurance coverage for a two tier system, the city shall contribute sixty-five percent (65%) of the dependent portion of the premium toward the employee health, dental, vision and life insurance and dependent health, dental, vision and life insurance costs. The employee shall contribute thirty-five percent (35%) toward the cost of dependent insurance coverage. If the city is able to implement a three tier rate structure the employee shall contribute $25 per month, for the employee plus one tier the city shall contribute sixty percent (60%) and the employee shall contribute forty percent (40%), for employee with more than one dependent the city shall contribute sixty nine percent (69%) and the employee shall contribute thirty one percent (31%).

2. For management public safety employees not enrolled for dependent insurance coverage, the city shall pay the entire amount of the employee health, dental, vision and life insurance cost

6.7 Consent Page 103
obtaining the age of 50 and retiring are eligible to continue on the city health insurance at the same rate as if they were 55. (Amending Resolutions: 00-4687, 06-5374) If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health Insurance Committee stating the reasons why such an increase or changes are recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation.

The City Manager will make a decision based on the information provided and present it to the City Council for implementation. The City and employees agree to pay any increased costs in the same proportion as the current contribution.

The City agrees that in fiscal year 2011/12 employees represented by this unit are eligible to enroll in the section 125 medical benefit and the city will contribute $500. Those employees not enrolling in the program prior to July 1 shall not be eligible for the benefit. In the 2012/13 fiscal year if the city extends this benefit to any other unit than this unit will automatically receive the benefit.

B. INSURANCE - LIFE

1. The term life insurance portion of the employee health insurance plan shall be provided for fire management employees as specified in the employee health insurance policy, in the following manner:

Annual Salary Term Life Insurance
$10,000-15,000 $10,000
15,001-20,000 15,000
20,001-25,000 20,000
25,001-30,000 25,000
30,001-35,000 30,000
35,001-40,000 35,000
40,001-45,000 40,000
45,001-50,000 45,000
50,001-55,000 50,000
55,001 or more An annual amount equal to one times the employee's annual rate of base earnings rounded to the nearest multiple of $1,000 if not already an even multiple thereof, subject to a maxi- mum of $150,000
The premium for said term life insurance will be at the cost of the city. (amended by Resolution 3298)
C. INSURANCE - DISABILITY
The City agrees to payroll deduct from the employee's check the monthly premium amount for California Association of Professional Firefighters disability plan. The City also agrees to payroll deduct from the employee's check the monthly dues for membership in International

6.7 Consent Page 104
Association of Firefighters. The City shall pay the premium and dues amount to the vendor directly.

6.7 Consent Page 105

MEMORANDUM OF UNDERSTANDING
July 1, 2023 through June 30, 2025

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE AND THE

TULARE CITY PROFESSIONAL FIRE FIGHTERS

ASSOCIATION MANAGEMENT BARGAINING GROUP

SIGNATURE PAGE

Mario U. Zamora / Date / Date
City Attorney Consultant
Marc Mondell / Date / Date
Finance Director TPFA Representative
Janice Avila / Date / Date
Human Resources Director TPFA Representative

6.7 Consent Page 106

MEMORANDUM
OF

6.7 Consent Page 107 ATTACHMENT 4

MEMORANDUM OF UNDERSTANDING
July 1, 20192023 through June 30, 20222025

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE AND THE

TULARE CITY PROFESSIONAL FIRE FIGHTERS

ASSOCIATION MANAGEMENT BARGAINING GROUP
(Fire Captains)
I. RECOGNITION ....................................................................................................................... 1 II. PURPOSE ................................................................................................................................. 1 III. NON-DISCRIMINATION ....................................................................................................... 1 IV. MAINTENANCE OF BENEFITS ........................................................................................... 1 V. CITY AUTHORITY ................................................................................................................. 1 VI. EMPLOYEE RIGHT TO REPRESENTATION ...................................................................... 2 VII. AVAILABILITY OF RULES AND REGULATIONS ...................................................... 2 VIII. WORK ACCESS AND EMPLOYEE INFORMATION ................................................... 2 IX. NOTICE OF CHANGE OF WORK RULES ........................................................................... 2 X. SALARY................................................................................................................................... 2 XI. SEVERABILITY ...................................................................................................................... 3 XII. RENEGOTIATION ............................................................................................................ 3 XIII. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT ....................... 3 XIV. TERM ................................................................................................................................. 3 XV. COMPENSATION AND HOURS ..................................................................................... 4 A. APPLICATION OF SALARY RANGES AND RATES ................................................... 4

1. Promotion ...................................................................................................................... 4

1. Fire Department Non-Shift personnel or staff positions ............................................... 4

1. General Provisions ........................................................................................................ 5 G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE .......................... 6 H. OVERTIME CONDITIONS: LOCAL PERIL OR DISASTER ........................................ 6 I. DEDUCTIONS ................................................................................................................... 6 J. PAID HOLIDAYS .............................................................................................................. 6

1. Fire Shift Personnel....................................................................................................... 7

6.7 Consent Page 108

1. Holidays ........................................................................................................................ 7

2. Vacations....................................................................................................................... 7

3. Days Off or Off Duty Shifts.......................................................................................... 8 N. MANAGEMENT LEAVE.................................................................................................. 8 O. EDUCATION AND CERTIFICATION INCENTIVE PROGRAM ................................. 8 P. SICK LEAVE COMPENSATION ..................................................................................... 9

1. Upon Retirement ........................................................................................................... 9 Q. COMPENSATION FOR FRACTIONS OF HOURS WORKED .................................... 10 R. RETIREMENT COMPENSATION ................................................................................. 10

1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENT SYSTEM .......... 10

2. PERS SURVIVOR BENEFIT .................................................................................... 11 S. BILINGUAL PAY ............................................................................................................ 11 T. DEFERRED COMPENSATION...................................................................................... 11 P. UNIFORM ALLOWANCE .............................................................................................. 11

1. Regular Employees of the Fire Department................................................................ 11

2. Additional Uniforms and Uniform Allowance Procedures ........................................ 11 U. MINIMUM STAFFING ................................................................................................... 12 XVI. ANNUAL VACATION LEAVE ...................................................................................... 12 A. PURPOSE OF ANNUAL VACATION LEAVE ............................................................. 12 B. ELIGIBILITY FOR ANNUAL VACATION LEAVE .................................................... 13

1. Regular, Regular Part Time, Probationary and Temporary Employees ..................... 13 C. ACCRUAL OF ANNUAL VACATION LEAVE ........................................................... 13

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel .................... 13 D. ACCUMULATION OF ANNUAL VACATION LEAVE .............................................. 13

1. Fire Department Scheduling ....................................................................................... 13 F. WORKING DURING ANNUAL VACATION LEAVE ................................................. 14 G. HOLIDAYS WITHIN VACATION LEAVE .................................................................. 14 H. ILLNESS WITHIN VACATION LEAVE ....................................................................... 14 I. PAYMENT OF ANNUAL LEAVE UPON TERMINATION ........................................ 15 J. EFFECT OF EXTENDED MILITARY LEAVE ............................................................. 15 XVII. SICK LEAVE ............................................................................................................. 15 A. STATEMENT OF POLICY ............................................................................................. 15 B. ELIGIBILITY FOR SICK LEAVE .................................................................................. 15

1. Regular, Regular Part Time, Probationary and Temporary Employees ..................... 15

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ............................... 15

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel ................ 15 E. HOLIDAYS WITHIN SICK LEAVE .............................................................................. 16 F. USAGE OF SICK LEAVE ............................................................................................... 16 G. DEDUCTION OF SICK LEAVE ..................................................................................... 16 H. VERIFICATION OF SICK LEAVE USAGE .................................................................. 16

6.7 Consent Page 109
I. SICK LEAVE COMPENSATION UPON TERMINATION .......................................... 16 J. SICK LEAVE COMPENSATION UPON RETIREMENT ............................................. 16 K. WORKERS COMPENSATION ....................................................................................... 17

1. Fire Department Personnel ......................................................................................... 17 L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION BENEFITS ........................................................................................................................ 17 M. EMPLOYEE REHABILITATION ................................................................................... 18 XVIII. OTHER LEAVES OF ABSENCE.............................................................................. 18 A. LEAVE OF ABSENCE WITHOUT PAY ....................................................................... 18

1. Approval of Department Head .................................................................................... 18

2. Approval of City Manager .......................................................................................... 18 B. ABSENCE WITHOUT LEAVE....................................................................................... 18 C. LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATE FAMILY ................. 18 D. MATERNITY ................................................................................................................... 18 E. EMPLOYEE'S TIME OFF TO VOTE ............................................................................. 19 F. JURY DUTY: LEAVE OF ABSENCE ............................................................................ 19 G. SUBPOENAS: LEAVE OF ABSENCE ........................................................................... 19 H. LEAVE FOR ATTENDANCE AT INDUSTRIAL ACCIDENT COMMISSION HEARING OR RELATED PHYSICAL EXAMINATIONS........................................... 19 I. BEREAVEMENT LEAVE ............................................................................................... 19 J. EDUCATIONAL LEAVE ................................................................................................ 20 XIX. TERMINATION: LACK OF WORK OR FUNDS .......................................................... 20 XX. DISCIPLINARY PROCEEDINGS .................................................................................. 20 A. DISCIPLINARY ACTION: DEFINITION ...................................................................... 20 B. CAUSES FOR DISCIPLINARY ACTION...................................................................... 20 C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN ........................ 21 D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION ................ 21 E. IMPOSITION OF DISCIPLINARY ACTION ................................................................ 22 F. EXTRAORDINARY CIRCUMSTANCES...................................................................... 22 G. RIGHT OF APPEAL ........................................................................................................ 22 H. RIGHT OF APPEAL: HEARING .................................................................................... 22 I. RIGHT OF APPEAL: REPRESENTATION ................................................................... 22 J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR .................................. 23 K. EFFECT OF DISCIPLINARY ACTIONS ....................................................................... 23

1. Oral Reprimand ........................................................................................................... 23

2. Written Reprimand...................................................................................................... 23

3. Disciplinary Probation ................................................................................................ 23

4. Suspension .................................................................................................................. 23

5. Salary Reduction ......................................................................................................... 23

6. Discharge .................................................................................................................... 23 L. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARY ACTION AGAINST MUNICIPAL EMPLOYEES ......................................................................... 23 M. INFORMAL COUNSELING WITH THE CITY MANAGER ....................................... 24 N. NON-APPLICABILITY ................................................................................................... 24 XXI. MISCELLANEOUS ......................................................................................................... 24 A. REPORTS OF CHANGE OF STATUS ........................................................................... 24

6.7 Consent Page 110
B. DAMAGE CLAIMS ......................................................................................................... 24 C. GRATUITIES ................................................................................................................... 24 D. OUTSIDE EMPLOYMENT ............................................................................................. 24 E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITY BUSINESS ... 24 F. CONFLICT OF INTEREST ............................................................................................. 25 G. DAMAGED EQUIPMENT REVIEW COMMITTEE ..................................................... 25 H. PERSONNEL FILES ........................................................................................................ 25 I. POSITION RECLASSIFICATION .................................................................................. 25

1. Position Reclassification ............................................................................................. 25

2. Classification Analysis................................................................................................ 25

3. Appeals ....................................................................................................................... 25 J. EMPLOYEE ASSISTANCE PROGRAM POLICY ........................................................ 25 K. FLEXIBLE BENEFITS PROGRAM ............................................................................... 26 L. VEHICLE USE POLICY ................................................................................................. 26 M. WELLNESS PROGRAM ................................................................................................. 26 N. STATION ASSIGNMENT POLICY ............................................................................... 26 O. SICK LEAVE DONATION BANK ................................................................................. 27 XXII. INSURANCE .............................................................................................................. 27 A. Health, Dental, and Vision ................................................................................................ 27 B. INSURANCE - LIFE ........................................................................................................ 28 C. INSURANCE - DISABILITY .......................................................................................... 29

6.7 Consent Page 111
I. RECOGNITION
The City acknowledges the Tulare City Professional Fire Fighters Association as the recognized employee organization representing the sworn management employees in the Tulare Fire Department excluding the Fire Chief.

6.7 Consent Page 112
Participation by an employee in this bargaining unit in a strike or work stoppage is governed by California Labor Code section 1962. The Union and its members, officers and representatives agree that they will not cause or condone any strike, slow down, or sick out during the term of this Agreement.

VI. EMPLOYEE RIGHT TO REPRESENTATION
Any regular employee has the right to representation by a person of his/her choice at a proposed disciplinary proceeding and at meetings that may have a negative impact on the employee's employment relationship with the City of Tulare. If such a meeting is set, the employee shall be notified of same and of their rights under this section.

X. SALARY
Salary increases provided during the term of this Memorandum of Understanding shall be as follows:
29% increase effective the first full pay period in July 20192023. 29% increase effective the first full pay period in July 20202024.

A. 2% increase effective the first full pay period in July 2021.

B. In addition to C above, should any resolution with the Tulare Police Officer’s Union result in salary increases greater than two (2%) percent in any given year, the parties agree to meet and discuss in a timely manner.

In the future
The 15% minimum difference between Captain and Engineer ranks shall be maintained.

The total compensation survey will be completed prior to the end if the agreement. The following

6.7 Consent Page 113
cities will be surveyed for total compensation comparisons: Manteca, Turlock, Hanford, Porterville, Visalia, Dinuba, Fresno, Clovis, and Bakersfieldand Merced. 1 XI. SEVERABILITY
If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Memorandum or the application of such provision to persons or circumstances other than those as to which is held invalid shall not be affected thereby and both parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement for such invalidated provision.

XII. RENEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other its written request to commence negotiations. Both parties agree that if the combination of UUT and Sales Tax fall by 5% with the base year fiscal year 2010/11 than the contract shall be reopened for negotiations. In addition, if any other bargaining unit receives a cost of living increase during the second year of the contract than the city agrees to reopen the contract to meet and confer on the one item.

XIII. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT Because the American with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement may be disregarded in order for the City of Tulare to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

XIV. TERM
Unless specified otherwise herein, the provisions of the Memorandum of Understanding become effective July 1, 20192023 and shall continue through and including June 30, 20222025.

The parties agree to reopen the meet and confer process for further discussion on or after March 1, 20222025 except as to issues subject to additional discussion as stated herein. 1 The City of Tulare as a whole compares its salaries with the City of Delano. However, Delano does not have a Fire Department and therefore is not considered in the compensation study for this MOU.

6.7 Consent Page 114
XV. COMPENSATION AND HOURS
A. APPLICATION OF SALARY RANGES AND RATES

In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of approximately a 5 percent and not to be less than 4 percent increase in salary.

B. STANDARD WORK PERIODS
The standard work period for city employee shall be as follows:

1. Fire Department Non-Shift personnel or staff positions The standard work period for non-shift or staff positions represented by this bargaining unit shall be forty (40) hours per week.

C. EXCEPTIONS TO STANDARD WORK PERIODS

D. COMPUTATION OF SALARY

1. Salaries for all authorized city positions are set forth in the City Compensation Plan.

6.7 Consent Page 115
the city and that overtime work be compensated for with time off where practical. Overtime work shall be authorized only with the prior authorization of the department head or, in emergencies where prior department head authorization cannot be issued, first line supervisors may approve overtime. Overtime work for all eligible employees, shall be defined as any time worked beyond forty (40) hours in a standard work week for non-shift personnel, and any time worked in excess of the standard work period as defined in XVB. The use of, vacation and holidays shall be included in the definition of time worked only if scheduled and approved during first and second round picks and or fourteen days in advance. In addition, sick leave for the use of bereavement time will count towards the overtime calculation. Those employees working mutual aid, strike team or recall of all personnel shall be allowed to count all leave banks as time worked for those events.

F. OVERTIME COMPENSATION:

CalEMA Reimbursement Policy - If the city is being reimbursed by an outside agency (i.e.

6.7 Consent Page 116
G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE

H. OVERTIME CONDITIONS: LOCAL PERIL OR DISASTER
In case of disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined at that time for such conditions.

I. DEDUCTIONS
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

J. PAID HOLIDAYS

6.7 Consent Page 117
shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
m. Every day appointed by the President of the United States or the Governor of California for public fast, Thanksgiving, mourning or holidays as determined by the City Manager.

K. REGULAR HOLIDAYS FOR PAY PURPOSES

M. COMPENSATION DURING ATTENDANCE OF A TRAINING COURSE

1. Holidays
Employees directed to attend training courses will be compensated as provided in Article XV.K. above.

2. Vacations

6.7 Consent Page 118
Employees directed to attend training course held during their vacation days will be allowed to reschedule their vacation days.

3. Days Off or Off Duty Shifts
Employees directed to attend training course on their days off or off duty shifts will be compensated as provided in Article XV.F above. Whenever an employee is out of the city for a number of days on a training course, such as one week seminars, etc., the regular working schedule has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized. Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

O. EDUCATION AND CERTIFICATION INCENTIVE PROGRAM

1. All regular, full-time, permanent employees shall be entitled to receive educational and certification incentive pay in the amounts set forth below in item 2, commencing with the first pay period following documentation of the award being turned into the Administrative Services Director. Documentation shall be considered the award or conferral by a community college or university transcripts (public or private recognized and accredited post- secondary educational institution) and/or the California State Fire Training (CSFT)California State Fire Marshal’s Office (CSFM). The maximum amount that any employee shall be eligible for is 5%.
2% - CSFM Fire Officer CertificateCompleted CSFT Company Officer or Fire Officer Education Requirements
3% - Completed CSFT Chief Fire Officer or Chief Officer Education Requirements

2.5% - 60 Units of college coursework (20 units in Fire Science related field) 5% - Bachelor’s Degree (with 20 units in Fire Science related field)

Current Members in the Fire Investigation Unit shall receive two hours of straight time for everyday on "stand-by" when off-duty and not called to investigate an incident.

6.7 Consent Page 119

2.4. Regular city employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their city jobs, such reimbursement shall be subject to administrative rules and procedures established by the Human Resources Division. Effective July 1, 2009, tuition reimbursement will be capped at a maximum of two thousand five hundred dollars ($2,500.00) dollars per fiscal year per employee. This amount may be used to attend Fire, EMS and other Training-approved courses included in the job description for unit members. Employees may use this money to attend Firehouse World and the Fresno Training Symposium, California Fire, EMS and Disaster Conference, California Conference of Arson, Investigators, National Registry Emergency Medical Technician/Paramedic Refresher courses. Travel and training at the National Fire Academy will be excluded from tuition reimbursement and the city will pay the cost of meals and cover an employee’s time off for this training only. The city will arrange for the time off of an employee attending the NFA, any grant funded training, or any training that is mandatory by the Fire Chief. Unless otherwise provided above, courses which require overnight travel will not be included in this agreement, and will be approved based on the city’s Overnight Travel and Training requirements. An employee must make his or her own arrangements for time off during any other training covered by this section.

The City agrees that is will be responsible for the cost of EMS re-certification; all training shall be done on the employees own time.

5. Paramedic incentive pay and holiday pay shall be reported to CalPERS in accordance with Cal. Code Regs. tit. 2 § 571 et seq.

P. SICK LEAVE COMPENSATION

6.7 Consent Page 120
Q. COMPENSATION FOR FRACTIONS OF HOURS WORKED
Fractions of hours worked shall be compensated as follows:
0 - 7.5 minutes no payment

7.5 - 22.5 minutes .25 hour

22.5 - 37.5 minutes .50 hour

37.5 - 52.5 minutes .75 hour

52.5 - 60.0 minutes 1.00 hour
R. RETIREMENT COMPENSATION

2. The city of Tulare has contracted with PERS for optional benefits.

The coverage key reflects the following changes:

Optional Benefit Misc Fire Police

8.1 1 year final comp 12-14-1991 12-14-1991 12-14-1991

8.3 Sick leave credit 12-14-1991 12-14-1991 12-14-1991

8.4 1959 Survivor 03-21-1975 03-21-1975 03-21-1975

8.6 Military Sr Credit 76 06-30-1997 No no

8.21 2%@55 Ret formula no 12-08-1984 12-08-1984

8.22 Inc 59 Survivor 07-04-1980 07-03-1980 07-03-1980

8.40 3%@55 Ret formula no 01-01-2002 01-01-2002

8.44 2%@55 Ret formula 06-30-1997 No no

8.48 4th lvl 1959 surv ben 11-06-1998 01-01-02 08-01-95

2.7%@55 Ret formula 07-01-06 No no
3%@50 Ret formula no 01-01-07 01-01-07

2.5%@55 Ret formula (new
employees hired on or after
effective date)
07-03-10 No no
3%@55 Ret formula (new
employees hired on or after
effective date)
no 07-03-10 no

1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENT SYSTEM

6.7 Consent Page 121
a. Classic bargaining unit employees of the Union pay nine percent (9%) of the employee’s contribution to the Public Employee’s Retirement System (CalPERS). PEPRA bargaining unit employees (employees hired on or after January 1, 2013) shall pay fifty percent (50%) of the normal cost as determined by CalPERS for the 2.7% at 57 plan. Effective with the first pay period in January of 2018, employees in the Union began picking up three percent (3%) of the City’s share of CalPERS, for Classic and PEPRA members.

S. BILINGUAL PAY
Sworn public safety personnel, up through and including the rank of Fire Battalion Chief, shall receive an incentive bonus of two per cent (2%) incentive bonus for certification as being bilingual in accordance with standards established by the Human Resources Manager insuring that the said employee is competent and proficient in the language certified. (09/90&09/93) A recertification shall occur every 3 years. An employee not passing the re-certification shall not continue to receive the incentive bonus.

U. UNIFORM ALLOWANCE

Any new or reappointed employee whose appointment begins prior to January 1 of any year shall be granted the allotment for uniform maintenance. If appointed or reappointed after January 1, he/she shall be granted uniform allowance the following year.

6.7 Consent Page 122
V. MINIMUM STAFFING

2. Minimum staffing must be maintained unless approval is granted by the Fire Chief before deviation from policy.

3. The minimum staffing for the City of Tulare Fire Department is as follows:
a. Twelve (12) suppression personnel (based on 4 companies) i. 5 personnel at Station #61
ii. 3 personnel at Station #62
iii. 3 personnel at Station #63
iv. 1 Division Chief
b. The minimum staffing must include (based on 4 companies) i. 1 Division Chief
ii. 4 Fire Captains
iii. 4 Fire Engineers
iv. 4 CCEMSA Licensed Paramedics (one of each of four companies) v. Acting positions may be used to satisfy this requirement, but all personnel acting out of class must have completed the required training certification for the position as approved by Human Resources.
c. Any apparatus responding as "first out" on emergency calls at a given station must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
iii. 1 Firefighter/Paramedic
d. T-65 at Apparatus designated second out from Station #61 must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
e. Staffing of personnel above the 12 person minimum manning pattern will be at the sole discretion of the Fire Chief and he/she should closely follow NFP A 1710 recommendation on apparatus staffing. At no time will staffing of a "first-out" apparatus be less than 1 Captain, Engineer and Firefighter/Paramedic.

6.7 Consent Page 123
position. To achieve this goal, it is the intention of the city to have the employee schedule a vacation for periods of at least one week.

B. ELIGIBILITY FOR ANNUAL VACATION LEAVE

C. ACCRUAL OF ANNUAL VACATION LEAVE
Vacation leave shall be accrued and credited monthly by all eligible employees who are on pay status for 50 per cent or more of that month. Those employees eligible for vacation as defined in XVI (B) shall accrue vacation at the following rates:

D. ACCUMULATION OF ANNUAL VACATION LEAVE

1. Fire Management
Fire Management shift personnel may accumulate up to 530 hours which includes vacation, holidays and management leave.

1. Fire Department Scheduling
For definition purposes suppression personnel shall include the following ranks in the Fire department: Division Chief; Battalion Chief; Captain; Engineer, and Firefighter/Paramedic

2. Unless otherwise modified by the Fire Chief, personnel shall make their first vacation selections according to the following time lines:

6.7 Consent Page 124
Division ChiefsCaptains - by December 1
Battalion Chiefs - by December 1
Captains Engineers - by December 5
Engineers Firefighter/Paramedic - by December 10
Firefighter/Paramedic - by December 15

3. Unless otherwise modified by the Fire Chief, personnel shall make their second vacation selections according to the following time lines:

Division ChiefsCaptains - by December 18 Battalion Chiefs - by December 18 Captains Engineers - by December 23
Engineers Firefighter/Paramedic – by December 31
Firefighters, Firefighter/Paramedic - by January 5
Personnel not scheduling vacations within the stated time-lines forfeit their seniority and must wait until ALL personnel on their shift have completed their selection before reconsideration.

G. HOLIDAYS WITHIN VACATION LEAVE
When a recognized city holiday falls within an employee's vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of annual vacation.

H. ILLNESS WITHIN VACATION LEAVE

6.7 Consent Page 125
If an employee becomes ill or injured during his/her annual vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or medical attention is furnished shall not be charged as annual vacation but shall be charged as sick leave.

I. PAYMENT OF ANNUAL LEAVE UPON TERMINATION
Employees who terminate employment shall be paid for any accrued vacation. Payment for accrued vacation upon termination shall be at the employee's current rate of pay.

2. Seasonal Part Time Personnel
Seasonal part time personnel shall not be eligible for sick leave with pay.

C. ACCRUAL OF SICK LEAVE

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly by all eligible employees who are on a pay status for 50 percent or more of that month. Those employees eligible for sick leave, as defined in XVII, shall accrue sick leave at the rate of eight (8) hours per month.

D. ACCUMULATION OF SICK LEAVE

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel

6.7 Consent Page 126
Effective the first full pay period in July 2011 there will be no cap on sick leave accrual.

E. HOLIDAYS WITHIN SICK LEAVE
When a recognized city holiday falls within an employee's bonafide use of sick leave for which he/she normally would have been excused from work, that day shall not be charged as a day of sick leave.

F. USAGE OF SICK LEAVE
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

G. DEDUCTION OF SICK LEAVE
Sick leave shall be deducted at the rate of one hour sick leave for each hour absent.

H. VERIFICATION OF SICK LEAVE USAGE
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician's certification of the employee's illness.

I. SICK LEAVE COMPENSATION UPON TERMINATION
There is no cash value to sick leave other than what is listed under “sick leave compensation upon retirement”.

6.7 Consent Page 127
Employee’s choosing not to elect city retiree health insurance can cash out up to sixty (60) days (672 hours). Any balance not cashed out shall be reported to PERS in equivalent days toward service credit.

K. WORKERS COMPENSATION

1. Fire Department Personnel
a. An employee of the Fire Department who is entitled to the benefits of Labor Code Section 4850, who is absent from work by reason of an injury or illness covered by workers compensation, shall be allowed up to one year's leave of absence, as required by said section. The employee shall continue to receive his/her regular paycheck as long as he/she remains on pay status; provided, however, that such employee assigns to the city any and all workers compensation payments received by the employee. b. An employee of the Fire Department who is absent from work by reason of an injury or illness covered by workers compensation will continue to accrue sick leave, vacation and holiday benefits and consideration for normal salary increases as though he/she were not on leave of absence. (amended by Resolution 3091) c. Whenever such disability of an employee continues for a period beyond one year, the leave of absence may continue until the expiration of his/her accrued sick leave, vacation and previously accrued compensatory time off for overtime and paid days in lieu of holidays, calculated to the nearest one-half day, with compensation at the employee's regular rate of pay.
d. When it appears the employee cannot return to work by the expiration of such allowances, disability retirement shall be requested by the city to become effective at the expiration of these allowance unless the employee applies for or consents to his/retirement as of an earlier date, at which time he/she may be compensated for his/her accrued benefits at his/her regular rate of pay. e. No employee of the Fire Department shall be paid any disability indemnity under workers compensation concurrently with wages or salary payments by the city amounting to more than his/her regular rate of pay at any time during his/her leave of absence.
f. No employee of the Fire Department shall receive wage or salary payments from the city after a period of five years from the date of injury for any one injury. g. The parties agree to develop a Workers Compensation "Carve Out Program" that meets the requirements of Labor Code section 3201.7. Details of the program shall be subject to further ratification between the Group and the City.

L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION

BENEFITS

6.7 Consent Page 128
Upon depletion of accumulated sick leave, compensatory time and vacation for any injury or illness and upon the recommendation of the employee's department head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which shall be subject to approval of the City Manager. If further leave is granted, the employee must notify the city of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee's service with the city shall be considered terminated.

XVIII.OTHER LEAVES OF ABSENCE
A. LEAVE OF ABSENCE WITHOUT PAY
Leave of absence without pay may be granted in cases of emergency of where such absence would not be contrary to the best interests of the city. Such leave is not a right but a privilege.

B. ABSENCE WITHOUT LEAVE
Absence without leave shall be considered to be without pay and reduction in the employee's pay shall be made accordingly. Absence without leave for more than three consecutive days may result in termination of employment.

D. MATERNITY
Leave of absence for maternity will be covered under the provisions authorized in XVII(A) and (G). An employee may work until she has been advised by her doctor to cease working. The

6.7 Consent Page 129
employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits are exhausted. (SEC. 1604.10, Chapter XIV, Part 1604, Title 29, United States Labor Code)
E. EMPLOYEE'S TIME OFF TO VOTE
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

H. LEAVE FOR ATTENDANCE AT INDUSTRIAL ACCIDENT COMMISSION

HEARING OR RELATED PHYSICAL EXAMINATIONS
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city's workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in advance with the department head.

Employees shall be granted 1 day from work for the death of a relative. A relative is a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.

6.7 Consent Page 130
If additional time is required for any of the above, the employee with the Department Head approval may take sick days as needed in compliance with SEC. 702 and SEC. 709.

All other uses of bereavement leave ie. aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

XIX. TERMINATION: LACK OF WORK OR FUNDS

1. An employee may be terminated by the City Manager because of changes in duties or organization, abolishment of position, shortage of work or funds or completion of work.

In cases involving regular employees only, notice of such termination will be given to the employee at least thirty (30) days prior to the effective date of termination. Such termination shall not be subject to appeal.

4. Any employee bumping into a lower job classification and remaining in said classification for a period of six or more months shall lose his/her previous classification seniority.

XX. DISCIPLINARY PROCEEDINGS
A. DISCIPLINARY ACTION: DEFINITION
As used in this Article "disciplinary action" shall mean discharge, demotion, reduction in salary, reprimand, disciplinary probation, suspension.

B. CAUSES FOR DISCIPLINARY ACTION

6.7 Consent Page 131
Causes for disciplinary action against any employee may include, but not be limited to, the following:

1. Unauthorized absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to following the instruction of a Supervisor, manager or other property authority.

4. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.

6. Falsifying or altering city records, including, but not limited to, employment, medical, pay and benefit records, or permitting one's time card to be recorded by another employee.

7. Thefts of, or intentional harm to, city or other's personal property.

8. Dishonesty.

9. Violation of safety rules.

10. Unauthorized removal of city documents, records or other property.

11. Negligent or careless performance of duties.

12. Failure to meet acceptable standards of performance.

13. Failure to observe work schedules or assignments.

14. Misuse of city property.

15. Unauthorized departure from job, department or city premises.

16. Loitering or sleeping on the job.

17. Gambling on city's premises or while on duty elsewhere.

18. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the city.

19. Allowing unauthorized individuals to ride in city's vehicles.

20. Discourteous treatment of the public or other employees.

21. Violation of any provisions of these working rules and regulations, administrative policies or written departmental rules and regulations.(amended by Resolution 3856) C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN
The City Manager or any department head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this chapter.

1. A description of the action to be taken and the effective date or dates.

2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.

6.7 Consent Page 132

3. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline.

4. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.

5. A statement that a copy of the materials upon which the proposed action is based in attached or available for inspection upon request.

6. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

Upon request of the affected employee, the City Manager or department head may extend the response from the employee provided that such extension will have no detrimental effect on the city.

E. IMPOSITION OF DISCIPLINARY ACTION
Upon expiration of the period allowed for employee response and after having given consideration to any response filed by the affected employee, the City Manager or department head may impose appropriate disciplinary action.

I. RIGHT OF APPEAL: REPRESENTATION

6.7 Consent Page 133
The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of his/her choosing, including other city employees, with the exception of supervisory, management and confidential employees.

K. EFFECT OF DISCIPLINARY ACTIONS

1. Oral Reprimand
Employees may receive an oral reprimand.

3. Disciplinary Probation
Employees placed on disciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation.

4. Suspension
Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits.

5. Salary Reduction
Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited.

L. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARY ACTION

1. No information shall be released without prior approval of the City Manager.

2. No information will be released until final action has been determined and taken.

3. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken.

6.7 Consent Page 134
The foregoing personnel procedure is sanctioned under the Ralph M. Brown Act and related laws. The Attorney General's opinion interpreting Government Code Section 54957 is as follows:
"The purpose of SEC. 54957 is to protect individual public employees and officers from unfavorable publicity, and to permit private inquiry into the employee's activities, or investigation of charges against such employees." M. INFORMAL COUNSELING WITH THE CITY MANAGER
Nothing in these rules and regulations shall prohibit the City Manager from meeting informally with an employee regarding possible disciplinary action in order to attempt to resolve the problem.

N. NON-APPLICABILITY
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

C. GRATUITIES
No officer or employee of the city shall solicit or accept any gratuity for services rendered.

6.7 Consent Page 135
F. CONFLICT OF INTEREST
All designated employees shall comply with departmental conflict of interest codes or the applicable regulations adopted by the Fair Political Practices Commission.

The city shall endeavor to complete the analysis as soon as practicable.

6.7 Consent Page 136
The city recognizes emotional, medical and substance abuse (alcohol and drugs) problems as treatable conditions. An employee's problem with alcohol and drug abuse, etc., will be a concern only when it manifests affect upon his/her job performance. There is no desire on the part of the city to intrude into the employee's private life. However, if personal problems being to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee.

Employees who suspect that they have a problem will take advantage of diagnostic, counseling and assessment services made available through the Employee Assistance Program. (added By Resolution 3001)
K. FLEXIBLE BENEFITS PROGRAM
The city shall establish a flexible benefits program, effective October 1, 1987, in accordance with Section 125 of the Internal Revenue Code. The city shall contribute the entire implementation cost and the employees shall be responsible for the monthly cost. Participation in the flexible benefits program is available to management, confidential, miscellaneous, police and fire personnel. (added by Resolution 3629)
L. VEHICLE USE POLICY

2. Division Chiefs, Battalion Chiefs, Fire Investigator, and Training Captain shall be provided a vehicle in accordance with city policy.

M. WELLNESS PROGRAM

6.7 Consent Page 137

1. The following guidelines define policy for station and shift assignments and will assist in the interpretation and administration of this process

2. Between November 1stOctober 15 and November 15thending on October 26 of odd numbered years, Fire Captains can select their shift and station assignment based on seniority. The reverse order of Fire Captains bidding first will be a trial bid for one bid cycle. Fire Management Bargaining Unit reserves the right after one bid cycle (2024-2026) to return the bid order to Firefighter/Paramedics and Engineers bidding first.

4. When possible, each shift must have a t a minimum of one qualified acting engineer and acting captain. All engineer or acting engineer positions assigned to E-261T-65 and if out of service, next available apparatus available out of Fire Station 61 must be paramedic qualified until funds become available to fully staff this unit at the City's discretion.

5. Station and shift assignment changes will become effective the first week in January of even years. The bid cycle is every other year.

O. SICK LEAVE DONATION BANK
The City agrees that it will create an Administrative Leave Bank Donation Policy that will specifically allow for donations of time to be given to a specified employee.

XXII. INSURANCE
A. Health, Dental, and Vision

6.7 Consent Page 138
employee shall contribute thirty-five percent (35%) toward the cost of dependent insurance coverage. If the city is able to implement a three tier rate structure the employee shall contribute $25 per month, for the employee plus one tier the city shall contribute sixty percent (60%) and the employee shall contribute forty percent (40%), for employee with more than one dependent the city shall contribute sixty nine percent (69%) and the employee shall contribute thirty one percent (31%).

2. For management public safety employees not enrolled for dependent insurance coverage, the city shall pay the entire amount of the employee health, dental, vision and life insurance cost

3. Employees hired after June 23, 1984, upon retirement, shall pay 100 per cent of the total costs of the health insurance premium (with or without dependent coverage). Any increases in future premiums after retirement shall be borne by the retiree. In order to be eligible for said benefits, the employees must directly retire, be at least 55 years of age and have provided ten years of service to the City of Tulare. Effective August 1, 2006, management employees with more than 20 years of service with the City of Tulare and obtaining the age of 50 and retiring are eligible to continue on the city health insurance at the same rate as if they were 55. (Amending Resolutions: 00-4687, 06-5374) If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health Insurance Committee stating the reasons why such an increase or changes are recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation.

B. INSURANCE - LIFE

1. The term life insurance portion of the employee health insurance plan shall be provided for fire management employees as specified in the employee health insurance policy, in the following manner:

Annual Salary Term Life Insurance
$10,000-15,000 $10,000
15,001-20,000 15,000
20,001-25,000 20,000
25,001-30,000 25,000
30,001-35,000 30,000

6.7 Consent Page 139
35,001-40,000 35,000
40,001-45,000 40,000
45,001-50,000 45,000
50,001-55,000 50,000
55,001 or more An annual amount equal to one times the employee's annual rate of base earnings rounded to the nearest multiple of $1,000 if not already an even multiple thereof, subject to a maxi- mum of $150,000
The premium for said term life insurance will be at the cost of the city. (amended by Resolution 3298)
C. INSURANCE - DISABILITY
The City agrees that is will payroll deduct from the employee’s check the monthly disability premium amount plus the yearly cost of membership into CSFA. The city shall then pay the premium to the vendor. Enrollment into CSFA shall be mandatory and enrollment into CSFA will be handled by the Human Resources Department.The City agrees to payroll deduct from the employee's check the monthly premium amount for California Association of Professional Firefighters disability plan. The City also agrees to payroll deduct from the employee's check the monthly dues for membership in International Association of Firefighters. The City shall pay the premium and dues amount to the vendor directly.

6.7 Consent Page 140

MEMORANDUM OF UNDERSTANDING
July 1, 2019 2023 through June 30, 20222025

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE AND THE

TULARE CITY PROFESSIONAL FIRE FIGHTERS

ASSOCIATION MANAGEMENT BARGAINING GROUP

SIGNATURE PAGE

Mario U. Zamora / Date / Date
City Attorney Consultant
Marc Mondell / Date / Date
Finance Director TPFA Representative
Janice Avila / Date / Date
Human Resources Director TPFA Representative

6.7 Consent Page 141

MEMORANDUM
OF

UNDERSTANDING
Between the City of Tulare and
Tulare City Professional Fire
Fighters Association Non‐
Management Bargaining Group
Effective Date: July 1, 2023 through June 30, 2025
Approved by Council:

6.7 Consent Page 142 ATTACHMENT 5

MEMORANDUM OF UNDERSTANDING
July 1, 2023 through June 30, 2025

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE AND

THE TULARE CITY PROFESSIONAL FIRE FIGHTERS

ASSOCIATION NON-MANAGEMENT BARGAINING
GROUP
I. RECOGNITION ................................................................................................................. 1 II. PURPOSE ........................................................................................................................... 1 III. NON-DISCRIMINATION ................................................................................................. 1 IV. MAINTENANCE OF BENEFITS ..................................................................................... 1 V. CITY AUTHORITY ........................................................................................................... 1 VI. EMPLOYEE RIGHT TO REPRESENTATION ................................................................ 2 VII. AVAILABILITY OF RULES AND REGULATIONS ...................................................... 2 VIII. WORK ACCESS AND EMPLOYEE INFORMATION ................................................... 2 IX. NOTICE OF CHANGE OF WORK RULES ..................................................................... 2 X. SALARY............................................................................................................................. 2 XI. SEVERABILITY ................................................................................................................ 3 XII. RENEGOTIATION ............................................................................................................ 3 XIII. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT ....................... 3 XIV. TERM ................................................................................................................................. 3 XV. COMPENSATION AND HOURS ..................................................................................... 3 A. APPLICATION OF SALARY RANGES AND RATES ................................................... 3

1. Promotion ...................................................................................................................... 3 B. STANDARD WORK PERIODS ........................................................................................ 4

1. Fire Department Non-Shift personnel or staff positions ............................................... 4

1. Compensation for Position of Acting Captain or Engineer .......................................... 5

2. Compensation for Apparatus Incentive Pay ................................................................. 5 H. OVERTIME CONDITIONS: LOCAL PERIL OR DISASTER ........................................ 5 I. DEDUCTIONS ................................................................................................................... 6 J. PAID HOLIDAYS .............................................................................................................. 6

1. Regular Holidays for Pay Purposes .............................................................................. 6

2. Fire Shift Personnel....................................................................................................... 6

3. Paid Days in Lieu of Holidays at Termination ............................................................. 7 K. COMPENSATION FOR WORK ON PAID HOLIDAYS ................................................. 7 L. COMPENSATION DURING ATTENDANCE A TRAINING COURSE DURING VACATION, HOLIDAYS, DAY OFF .............................................................................. 7

6.7 Consent Page 143

1. Holidays (SEC. 421) ..................................................................................................... 7

2. Vacations....................................................................................................................... 7

3. Days Off or Off Duty Shifts (SEC. 412)....................................................................... 7 M. EDUCATION AND CERTIFICATION INCENTIVE PROGRAM ................................. 7 N. SICK LEAVE COMPENSATION ..................................................................................... 9

1. Upon Retirement ........................................................................................................... 9 O. COMPENSATION FOR FRACTIONS OF HOURS WORKED ...................................... 9 P. RETIREMENT COMPENSATION ................................................................................... 9

3. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENT SYSTEM .......... 10

4. PERS SURVIVOR BENEFIT .................................................................................... 10 Q. BILINGUAL PAY ............................................................................................................ 10 R. DEFERRED COMPENSATION...................................................................................... 10 S. UNIFORM ALLOWANCE .............................................................................................. 11

1. Regular Employees of the Fire Department................................................................ 11

2. Additional Uniforms and Uniform Allowance Procedures ........................................ 11 T. MINIMUM STAFFING ................................................................................................... 11 XVI. ANNUAL VACATION LEAVE ...................................................................................... 12 A. PURPOSE OF ANNUAL VACATION LEAVE ............................................................. 12 B. ELIGIBILITY FOR ANNUAL VACATION LEAVE .................................................... 12

1. Regular, Regular Part Time, Probationary and Temporary Employees ..................... 12 C. ACCRUAL OF ANNUAL VACATION LEAVE ........................................................... 12

1. Annual Vacation Leave Accrual for Non-Management Fire Shift Personnel ............ 12 D. ACCUMULATION OF ANNUAL VACATION LEAVE .............................................. 12 E. SCHEDULING OF VACATION LEAVE ....................................................................... 13

1. Fire Department Scheduling ....................................................................................... 13 F. WORKING DURING ANNUAL VACATION LEAVE ................................................. 14 G. HOLIDAYS WITHIN VACATION LEAVE .................................................................. 14 H. ILLNESS WITHIN VACATION LEAVE ....................................................................... 14 I. PAYMENT OF ANNUAL LEAVE UPON TERMINATION ........................................ 14 J. EFFECT OF EXTENDED MILITARY LEAVE ............................................................. 14 XVII. SICK LEAVE ................................................................................................................... 14 A. STATEMENT OF POLICY ............................................................................................. 14 B. ELIGIBILITY FOR SICK LEAVE .................................................................................. 14

1. Regular, Regular Part Time, Probationary and Temporary Employees. .................... 14

2. All regular, probationary and temporary employees. ................................................. 14

3. Seasonal Part Time Personnel ..................................................................................... 14 C. ACCRUAL OF SICK LEAVE ......................................................................................... 15

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ............................... 15

6.7 Consent Page 144
J. SICK LEAVE COMPENSATION UPON RETIREMENT ............................................. 16 K. WORKERS COMPENSATION ....................................................................................... 16

1. Fire Department Personnel ......................................................................................... 16 L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION BENEFITS ........................................................................................................................ 17 M. EMPLOYEE REHABILITATION ................................................................................... 17 XVIII. OTHER LEAVES OF ABSENCE.................................................................................... 17 A. LEAVE OF ABSENCE WITHOUT PAY ....................................................................... 17

1. Approval of Department Head .................................................................................... 17

2. Approval of City Manager .......................................................................................... 18 B. ABSENCE WITHOUT LEAVE....................................................................................... 18 C. LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATE FAMILY ................. 18 D. MATERNITY ................................................................................................................... 18 E. EMPLOYEE'S TIME OFF TO VOTE ............................................................................. 18 F. JURY DUTY: LEAVE OF ABSENCE ............................................................................ 18 G. SUBPOENAS: LEAVE OF ABSENCE ........................................................................... 18 H. LEAVE FOR ATTENDANCE AT INDUSTRIAL ACCIDENT COMMISSION HEARING OR RELATED PHYSICAL EXAMINATIONS........................................... 18 I. BEREAVEMENT LEAVE ............................................................................................... 19 J. EDUCATIONAL LEAVE ................................................................................................ 19 XIX. TERMINATION: LACK OF WORK OR FUNDS .......................................................... 19 XX. DISCIPLINARY PROCEEDINGS .................................................................................. 20 A. DISCIPLINARY ACTION: DEFINITION ...................................................................... 20 B. CAUSES FOR DISCIPLINARY ACTION...................................................................... 20 C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN ........................ 21 D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION ................ 21 E. IMPOSITION OF DISCIPLINARY ACTION ................................................................ 21 F. EXTRAORDINARY CIRCUMSTANCES...................................................................... 21 G. RIGHT OF APPEAL ........................................................................................................ 22 H. RIGHT OF APPEAL: HEARING .................................................................................... 22 I. RIGHT OF APPEAL: REPRESENTATION ................................................................... 22 J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR .................................. 22 K. EFFECT OF DISCIPLINARY ACTIONS ....................................................................... 22

1. Oral Reprimand ........................................................................................................... 22

2. Written Reprimand...................................................................................................... 22

3. Disciplinary Probation ................................................................................................ 22

4. Suspension .................................................................................................................. 22

5. Salary Reduction ......................................................................................................... 23

6. Discharge .................................................................................................................... 23 L. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARY ACTION AGAINST MUNICIPAL EMPLOYEES ......................................................................... 23 M. INFORMAL COUNSELING WITH THE CITY MANAGER ....................................... 23 N. NON-APPLICABILITY ................................................................................................... 23 XXI. MISCELLANEOUS ......................................................................................................... 23 A. REPORTS OF CHANGE OF STATUS ........................................................................... 23 B. DAMAGE CLAIMS ......................................................................................................... 23

6.7 Consent Page 145
C. GRATUITIES ................................................................................................................... 24 D. OUTSIDE EMPLOYMENT ............................................................................................. 24 E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITY BUSINESS ... 24 F. CONFLICT OF INTEREST ............................................................................................. 24 G. DAMAGED EQUIPMENT REVIEW COMMITTEE ..................................................... 24 H. PERSONNEL FILES ........................................................................................................ 24 I. POSITION RECLASSIFICATION .................................................................................. 24

1. Position Reclassification ............................................................................................. 24

2. Classification Analysis................................................................................................ 25

3. Appeals 25
J. EMPLOYEE ASSISTANCE PROGRAM POLICY ........................................................ 25 K. FLEXIBLE BENEFITS PROGRAM ............................................................................... 25 L. VEHICLE USE POLICY ................................................................................................. 25 M. WELLNESS PROGRAM ................................................................................................. 26 N. STATION ASSIGNMENT POLICY ............................................................................... 26 O. SICK LEAVE DONATION BANK ................................................................................. 27 XXII. INSURANCE .................................................................................................................... 27 A. Health, Dental, and Vision ................................................................................................ 27 B. INSURANCE - LIFE ........................................................................................................ 28 C. INSURANCE – DISABILITY ......................................................................................... 28 MEMORANDUM OF UNDERSTANDING ............................................................................... 29

6.7 Consent Page 146
I. RECOGNITION
The City acknowledges the Tulare City Professional Fire Fighters Association as the recognized employee organization representing the sworn Non-Management employees in the Tulare Fire Department.

The articles and provisions contained herein constitute a bilateral and binding Agreement by and between the City of Tulare and the Tulare City Professional Fire Fighters Association Non-Management Bargaining Group, upon ratification of the Tulare City Council.

IV. MAINTENANCE OF BENEFITS
The City and the Tulare City Professional Fire Fighters Association Non-Management Bargaining Group agree to meet and confer on any proposed changes to Title I, Chapter 14, Sections 1-13 of the City Code of Tulare, California and Resolution No 2537, Rules and Regulations for the Administration of the City of Tulare Merit Personnel System which may have a direct impact on employees represented by the Professional Fire Fighters Association Non-Management Bargaining Group within thirty (30) days upon written request of either party throughout the term of this Memorandum of Understanding.

The City of Tulare and the Tulare City Professional Fire Fighters Association NonManagement Bargaining Group have met and conferred on the following Administrative Policies: Sexual Harassment, Modified Light Duty, Substance Abuse and Family Care and Medical Leave.

6.7 Consent Page 147
actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

Participation by an employee in this bargaining unit in a strike or work stoppage is governed by California Labor Code section 1962. The Union and its members, officers and representatives agree that they will not cause or condone any strike, slow down, or sick out during the term of this Agreement.

VI. EMPLOYEE RIGHT TO REPRESENTATION
Any regular employee has the right to representation by a person of his/her choice at a proposed disciplinary proceeding and at meetings that may have a negative impact on the employee's employment relationship with the City of Tulare. If such a meeting is set, the employee shall be notified of same and of their rights under this section.

X. SALARY
Salary increases provided during the term of this Memorandum of Understanding shall be as follows:
10% increase effective the first full pay period in July 2023. 11% increase effective the first full pay period in July 2024.

The total compensation survey will be completed prior to the end if the agreement. The following cities will be surveyed for total compensation comparisons: Hanford, Porterville, Visalia, Dinuba, Fresno, Clovis, and Bakersfield.1
1 The City of Tulare as a whole compares its salaries with the City of Delano. However, Delano does not have a Fire Department and therefore is not considered in the compensation study for this MOU.

6.7 Consent Page 148
XI. SEVERABILITY
If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Memorandum or the application of such provision to persons or circumstances other than those as to which is held invalid shall not be affected thereby and both parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement for such invalidated provision.

Tulare City CouncilNovember 21, 2023

Tulare City Council
November 21, 2023