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HomeMy WebLinkAboutPacket 08122024     A G E N D A MEETING OF THE CITY COUNCIL Monday, August 12, 2024 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California SCHELLY SUSTARSIC MAYOR Fourth District LISA LANDAU MAYOR PRO TEM Third District   JOE KALMICK COUNCIL MEMBER First District                                                           THOMAS MOORE COUNCIL MEMBER Second District     NATHAN STEELE COUNCIL MEMBER Fifth District     This Agenda contains  a brief general description of  each item  to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.   City  Council  meetings  are  broadcast  live  on  Seal  Beach  TV-3  and  on  the  City's  website (www.sealbeachca.gov). Check  SBTV-3  schedule  for  the  rebroadcast  of  meetings.  The meetings are also available on demand on the City’s website (starting 2012).   In  compliance with  the Americans with  Disabilities Act of 1990, if  you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City  Council  meeting, please  call  the  City  Clerk's  office  at  (562) 431-2527  at  least 48 hours prior to the meeting. CITY COUNCIL NORMS:                               Adopted on June 12, 2023 •Maintain a citywide perspective, while being mindful of our districts. •Move from I to we, and from campaigning to governing. •Work together as a body, modeling teamwork and civility for our community. •Assume good intent. •Disagree agreeably and professionally.  •Utilize long range plans to provide big picture context that is realistic and achievable. •Stay focused on the topic at hand.  Ensure each member of Council has an opportunity to speak. •Demonstrate respect, consideration, and courtesy to all. •Share information and avoid surprises. •Keep confidential things confidential. •Respect the Council/Manager form of government and the roles of each party. •Communicate concerns about staff to the City Manager; do not criticize staff in public.                                                                                          CIVILITY PRINCIPLES: Treat everyone courteously; Listen to others respectfully; Exercise self-control;  Give open-minded consideration to all viewpoints;  Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.  FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER/X                                       @CITYOFSEALBEACH                                                             @CITYOFSEALBEACHCA                                    @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES       @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT                                    @SEALBEACHPOLICE                                                                                                   @SEALBEACHPUBLICWORKS                                                                                                   @K9YOSA                                                                                                   @K9.SAURUS CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS – None ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the  subject  matter jurisdiction  of the City Council. Pursuant  to the Brown Act, the Council  cannot  discuss  or  take  action  on  any  items  not  on  the  agenda  unless authorized  by  law. Matters  not  on the agenda  may, at the Council's  discretion, be referred to the City Manager and placed on a future agenda.   Those members of the public  wishing to speak  are asked to  come forward to  the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk  for those  wishing to  sign  up to  address  the  Council, although  the submission of a speaker  card is  not  required  in order to address  the Council. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Jill R. Ingram, City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS – None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the July 22, 2024 City Council Minutes - That the City Council approve  the  minutes  of  the  Closed  Session  and  Regular  City  Council meetings held on July 22, 2024.   B.Demand on City Treasury (Fiscal Year 2025) August 12, 2024 -  Ratification.   C.Monthly Investment Report (August 12, 2024) - Receive and file.     D.Second Reading and Adoption of Ordinance 1712 Adopting Zone Text Amendment 24-01 - That the City Council conduct second reading, by title only, and adopt Ordinance 1712 titled "An Ordinance of the City of Seal Beach amending portions of title 11 of the Seal Beach Municipal Code pertaining to residential  development  standards, commercial  land  use  regulation, commercial  development  standards, off-street  parking  requirements, and shared parking agreements, and finding the ordinance to be exempt from the California Environmental Quality Act.”   E.Second Reading and Adoption of Ordinance 1713 Amending Portions of Title 7 of the Seal Beach Municipal Code Regarding Special Event Permit Application Procedures - That the City Council conduct second reading, by title only, and adopt Ordinance 1713 titled "An Ordinance of the City of Seal Beach  amending  portions  of  Title  7  of  the  Seal  Beach  Municipal  Code pertaining  to Special  Event  Permit Application Procedures  and finding  the ordinance to be exempt from the California Environmental Quality Act.”   F.Awarding and Authorizing Execution of Public Works Agreement with MDJ Management, LLC for the North Seal Beach Community Center, CIP BG2501 - That  the  City Council  adopt Resolution  7553: 1. Approving  the scope  of  work  for  North  Seal  Beach  Community  Center, CIP  BG2501 (“Project”); and, 2. Approving and awarding a Public Works Agreement to MDJ Management, LLC  in  the  not-to-exceed  amount  of  $319,221.89  for  the Project, utilizing the pricing of the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB13-123021-MDJ); and, 3. Authorizing the City Manager to execute  a  Public  Works Agreement  with  MDJ  Management, LLC for the Project; and, 4. Authorizing  the City  Manager  to  approve  additional  work requests up to $85,000 and inspection services up to $15,000 in connection with the Project, in the cumulative not-to-exceed amount of $100,000.   G.Award of Contract for On-Call Professional Services Agreements for Various Disciplines - That  the  City  Council  adopt  Resolution  7554: 1. Authorizing the City Manager to execute a professional services agreement with AKM Consulting Engineers, Inc., in the amount of $500,000 to provide On-Call  Professional Engineering  / Design  / Management  Services  for  a three-year  term; and, 2. Authorizing  the  City  Manager  to  execute  a professional  services agreement with Anser Advisory Management, LLC, in the amount of $300,000 to provide On-Call Professional Engineering Services in  Various  Disciplines  for  a three-year  term; and, 3. Authorizing  the City Manager to execute a professional services agreement with Ardurra Group, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design  / Management  Services  and  Professional  Development  Services Support for a three-year term; and, 4. Authorizing the City Manager to execute a  professional services agreement with AZTEC Engineering Group, Inc., in the amount of $300,000 to provide On-Call Professional Services for a three- year term; and, 5. Authorizing  the City  Manager to  execute a professional services  agreement  with  BKF  Engineers, in  the  amount  of  $300,000  to provide On-Call Professional Engineering Services of Various Disciplines for a three-year  term; and, 6. Authorizing  the  City  Manager  to  execute  a professional services agreement with David Evans and Associates, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services  for  a  three-year  term; and, 7. Authorizing the  City Manager  to  execute  a  professional  services  agreement  with  GMU Geotechnical, Inc., in the amount of $300,000 to provide On-Call Professional Engineering  Services  for  a  three-year  term; and, 8. Authorizing  the  City Manager to execute a professional services agreement with Iteris, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services - Traffic & Transportation Engineering Services for a three-year  term; and, 9. Authorizing  the  City  Manager  to  execute  a professional  services  agreement  with  KDM  Meridian, in  the  amount  of $200,000 to provide On-Call Professional Surveying Services for a three-year term; and, 10. Authorizing  the  City  Manager  to  execute  a  professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $300,000 to provide On-Call Professional Engineering/ Design / Management / Development Support Services for a three-year term; and, 11. Authorizing the  City Manager to execute a professional services  agreement with NV5, Inc., in the amount of $500,000 to provide On-Call Professional Engineering, Construction  Management, Surveying, and  Environmental  Services  for  a three-year  term; and, 12. Authorizing  the  City  Manager  to  execute  a professional services agreement with Pacific Advanced Civil Engineering, Inc., in  the  amount  of  $500,000  to  provide  On-Call  Professional  Engineering Services in Various Disciplines for a three-year term; and, 13. Authorizing the City  Manager to  execute  a  professional  services agreement with  Stantec Consulting  Services, Inc., in  the  amount  of  $500,000  to  provide On-Call Professional Engineering, Architectural, Landscape Architectural, Surveying and Planning Services for a three-year term; and, 14. Authorizing  the City Manager to execute a professional services agreement with RDC-S111, Inc. dba  Studio  One  Eleven, in  the  amount  of  $300,000  to  provide  On-Call Professional Engineering / Design / Management and Landscape Architecture and Parks Design Services for a three-year term; and, 15. Authorizing the City Manager to execute a professional services agreement with W.G. Zimmerman Engineering, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, 16. Authorizing the City Manager to execute a professional services agreement with Yao  Engineering, Inc., in  the  amount  of $200,000 to provide  On-Call Professional Engineering Services for a three-year term; and, 17. Authorizing the  City  Manager the option to  execute  a  professional  service agreement amendment to extend any or all of the agreements up to two (2) additional one-year terms after its original term.     H.Approve the Memoranda of Understanding (MOUs) between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association for the period of July 1, 2023 through June 30, 2025 - That the  City Council adopt Resolution 7555: 1. Approving the Memoranda of Understanding between the City of Seal Beach and the Seal Beach  Police  Management Association  and the Seal Beach Police Officers Association for the period of July 1, 2023  through June 30, 2025; and, 2. Approving Budget Amendment BA #25-02-01 in the amount of $422,496; and, 3. Authorizing the City Manager to execute the Memoranda of Understanding (MOUs) between the City of Seal Beach and the Seal Beach Police  Management  Association  and  the  Seal  Beach  Police  Officers Association.   I.Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services for Reimbursement of Operation Costs for Fiscal Year 2023 Operation Stonegarden - That the  City Council  adopt Resolution 7556: 1. Authorizing the Chief of Police to execute an agreement on the City’s behalf for transfer or purchase of equipment and services for reimbursement of operating costs for FY 2023; and, 2. Authorizing any further actions necessary  for the purpose of obtaining  federal financial assistance provided  by  the  Department  of  Homeland Security – Federal Emergency Management Agency (FEMA) and sub-granted through the Riverside Sheriff’s Department in connection with the Operation Stonegarden (OPSG) Homeland Security Grant Program.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS – None ADJOURNMENT Adjourn the City Council to Monday, September 9, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary. Please note, the August 26, 2024 City Council meeting has been cancelled. Agenda Item A AGENDA STAFF REPORT DATE:August 12, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the July 22, 2024 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 22, 2024. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 22, 2024. Page 2 1 8 6 9 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes - Closed Session, July 22, 2024 B. Minutes - Regular Session, July 22, 2024 8 5 6 9 Seal Beach, California July 22, 2024 The City Council met in Closed Session at 5:35 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Sustarsic Council Members: Moore, Landau, Kalmick, Steele Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Barbara Arenado, Director of Finance/ City Treasurer Gloria D. Harper, City Clerk Consultant: Pamela Miller, Miller Management & Consulting Group ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: None. Mayor Sustarsic closed oral communications. One (1) emailed comment was received after the posting of the agenda; it was distributed to the City Council and made available to the public on the City’s website. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Jill R. Ingram and Assistant City Manager Patrick Gallegos Employee Organization(s): Police Officers Association Police Management Association B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957(b) Title: City Manager RECESSED THE CLOSED SESSION MEETING – 7:07 p.m. RECONVENED THE CLOSED SESSION MEETING – 9:05 p.m. 8 5 6 9 ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Moore, Steele, Landau Absent: None City Staff: Nicholas Ghirelli, City Attorney CLOSED SESSION B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957(b) Title: City Manager ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 9:45 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Schelly Sustarsic, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California July 22, 2024 The City Council met in Regular Session at 7:11 p.m. in the City Council Chamber. Council Member Steele led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Moore, Steele, Landau Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Michael Henderson, Police Chief Barbara Arenado, Director of Finance/ City Treasurer Iris Lee, Director of Public Works Joe Bailey, Marine Safety Chief Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk Julia Clasby, Police Lieutenant Christopher Hendrix, Police Lieutenant Kathryne Cho, Deputy Director of Public Works/ City Engineer Jessica Salvador, Executive Assistant Shaun Temple, Planning Manager Anthony Ngyuen, Community Services Coordinator Nathan Caukin, Recreation Specialist Nolan McGaughy, Orange County Fire Authority Captain PRESENTATIONS / RECOGNITIONS Circuit Microtransit Program & MyCivic Public Launch Presentation ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Christopher DeSanto, Catherine Showalter, Ken Seiff, Patty Senecal, and Diana Bean. Mayor Sustarsic closed oral communications. Deputy City Clerk DeCriscio announced that four (4) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES 8 8 8 9 Council Member Steele moved, second by Council Member Moore, to approve the agenda. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli reported that the City Council met in Closed Session regarding the two (2) items on the posted agenda. All five (5) Council Members were present, and no reportable action was taken. He also reported that the City Council would reconvene the Closed Session after adjournment of the Regular Meeting. CITY MANAGER REPORT City Manager Ingram called upon Public Works Director Lee and Community Development Director Smittle to provide an update on 4197 Ironwood Avenue, the San Gabriel River Trash Mitigation Initiative, and the Housing Element Certification. City Manager Ingram announced that the Environmental Quality Control Board (EQCB) is scheduled to meet on Wednesday, July 24, 2024, at 6:00 pm. Additionally, she announced that the Safety Action Plan Community meetings are scheduled for Wednesday, July 24, and Monday, August 5, 2024. Lastly, she announced that the Police Department’s National Night Out is scheduled for Tuesday, August 6, 2024, from 6:00 – 8:00 pm at Eisenhower Park. COUNCIL COMMENTS Council Member Kalmick reported his attendance at the San Gabriel River Trash Mitigation Initiative Working Group, the Naval Weapons Station Ammunition Pier Project Ribbon-Cutting Ceremony, the Business of Beaches Seminar at the University of California Irvine, the Seal Beach Lions Club Fish Fry, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy meeting, the Orange County Fire Authority (OCFA) Legislative and Public Affairs Committee meeting, several Summer Concert Series events, and the Mako Ramen Ribbon Cutting Ceremony. Additionally, Council Member Kalmick announced that he was recently appointed to the Watershed Conservation Authority Board. Council Member Moore reported his attendance at the 3rd of July Fireworks Spectacular, the Seal Beach Lions Club Fish Fry, and the Mako Ramen Ribbon-Cutting Ceremony. He thanked Ken Seiff for his comments regarding the Haynes Generating Station Recycled Water Pipeline Project and encouraged residents to attend the Environmental Quality Control Board (EQCB) meeting scheduled for Wednesday, July 24, 2024, at 6:00 pm. 8 8 8 9 Mayor Pro Tem Landau thanked Police Chief Henderson for his attendance at the Chamber of Commerce Networking Breakfast. She reported her attendance at the Lions Club Fish Fry, and the Summer Concert Series events. Council Member Steele reported his attendance at the Naval Weapons Station Ammunition Pier Project Ribbon Cutting Ceremony, a tour of the USS O’Kane, and a Scam Stopper Seminar with Assemblymember Diane Dixon. Additionally, Council Member Steele reported that there has been one (1) positive case of the West Nile Virus in Orange County this year and noted that the case is near Seal Beach. Lastly, Council Member Steele reported that the Leisure World Summer Concert series featured a Beatles cover band. He reported that he was unable to attend the Mako Ramen’s Ribbon- Cutting Ceremony but stated that he and his family were able to visit Mako Ramen at a later date and that they enjoyed the food. Mayor Sustarsic reported her attendance at the Mako Ramen Ribbon-Cutting Ceremony, the Chamber of Commerce Networking Breakfast, the Regional Military Affairs Committee meeting, the Orange County Sanitation District (OCSan) Board Meeting, the OCSan Operations Committee meeting, the Naval Weapons Station Ammunition Pier Project Ribbon Cutting Ceremony, the Seal Beach Lions Club Fish Fry, the Finance Department Fiscal New Year Celebration, the San Gabriel River Trash Mitigation Initiative Working Group meeting, the 3rd of July Fireworks Spectacular, and the Heather Park Bike Parade celebration. Mayor Sustarsic also reported that she met with Assemblymember Dixon and Assistant City Manager Gallegos about the City’s concerns. COUNCIL ITEMS There were no council items. CONSENT CALENDAR A. Approval of the June 24, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on June 24, 2024. B. Demand on City Treasury (Fiscal Year 2024) July 22, 2024 - Ratification C. Monthly Investment Report (June 30, 2024) - Receive and file. D. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report. E. Amendment 1 to the Professional Services Agreement with Psomas for Development of an Environmental Impact Report - That the City Council approve Resolution 7544: 1. Approving Amendment 1 to the Professional Services Agreement dated July 25, 2022, with Psomas, extending the term of the Agreement to and including June 30, 2025; and, 2. Authorizing the City Manager to execute Amendment 1. 8 8 8 9 F. Approval to Submit a Grant Application to the California Coastal Commission for Development of a Local Coastal Program - That the City Council adopt Resolution 7545: 1. Approving an amended application for grant funds related to the California Coastal Commission Local Coastal Program Planning Grant to complete a Local Coastal Program for the City of Seal Beach; and, 2. Directing staff to execute all necessary documents to receive and utilize the grant funding; and, 3. Approving Budget Amendment #25-01-01 to increase revenues and expenditures in equal amounts of up to $500,000. G. Approving Vehicle Purchase of Leased Vehicles from Enterprise Fleet Management, Inc. and Terminating the Master Equity Lease Agreement - That the City Council adopt Resolution 7546: 1. Approving the purchase of nine (9) leased vehicles from Enterprise Fleet Management, Inc. in a not-to-exceed amount of $213,335.99, and terminating the Master Equity Lease Agreement; and, 2. Authorizing and directing the City Manager to execute nine (9) bills of sale and any necessary related documents, on behalf of the City, to finalize the vehicle purchases. H. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with EXP U.S. Services, Inc. for On-call Professional Engineering Services - That the City Council adopt Resolution 7547: 1. Approving Amendment No. 1 to Professional Services Agreement dated July 22, 2019, with EXP U.S. Services, Inc., extending the term of the Agreement through and including June 30, 2025; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Professional Services Agreement on behalf of the City. I. Approving the City’s Participation in Nationwide Opioid Litigation Settlement Agreement with the Kroger Co.; Approving the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - That the City Council approve Resolution 7548: 1. Approving the City’s participation in the national settlement of a lawsuit against the Kroger Co. for the impacts of the opioid addiction crisis; and, 2. Direct settlement proceeds to Orange County to use for authorized opioid substance abuse and prevention programs; and, 3. Authorizing the City Manager to take all actions necessary to implement the settlement agreement. J. Amendment 2 to the Professional Services Agreement with the Lew Edwards Group for Consulting Services Relating to the Placement of a Proposed Sales Tax Measure on the November 2024 General Municipal Election Ballot - That the City Council adopt Resolution 7549 approving Amendment 2 to the Professional Service Agreement with The Lew Edwards Group (LEG) for a not-to-exceed amount of $13,750 for the remainder of the agreement’s term. K. Westminster Animal Group and Services (“WAGS”) Animal Shelter Services Amendment - That the City Council adopt Resolution 7550: 1. Approving Amendment No. 1 to the Professional Service Agreement with Westminster Animal Group and Services (“WAGS”) dated June 26, 2023, to provide animal shelter and emergency 8 8 8 9 veterinary care services for compensation in the not-to-exceed amount of $163,000 for the second year of the Term extending from July 1, 2024 through June 30, 2025; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Agreement; and, 3. Approving Budget Amendment BA #25-01-02 to increase expenditures in the amount of $36,000 for the second year of the Term. Council Member Moore moved, second by Council Member Steele to approve the recommended actions on the consent calendar. The vote below is for the Consent Calendar Items. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the consent calendar. PUBLIC HEARING L. Zone Text Amendment 24-01 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Residential Development Standards, Commercial Land Use Regulation, Commercial Development Standards, Off-Street Parking Requirements, and Shared Parking Agreements - That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1712, adopting Zone Text Amendment 24-01; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1712, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to residential development standards, commercial land use regulation, commercial development standards, off-street parking requirements, and shared parking agreements and finding the Ordinance exempt from CEQA. Planning Manager Temple gave an overview of the staff report. Mayor Sustarsic opened the public hearing. Speakers: None. Mayor Sustarsic closed the public hearing. Council Member Moore moved, second by Council Member Kalmick to 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1712, adopting Zone Text Amendment 24-01; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1712, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to residential development standards, commercial land use regulation, commercial development standards, off-street parking requirements, and shared parking agreements and finding the Ordinance exempt from 8 8 8 9 CEQA. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried M. Submittal of a Grant Application to the Orange County Transportation Authority to Expand City Transportation Services - That the City Council: 1. Conduct a public hearing to receive public input on the grant application and proposed use of funding; and, 2. Adopt Resolution 7551: a) Authorizing the City Manager to submit the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program, and to accept any grant funds awarded through the City through the EMSD Program; and, b) Authorizing the City to fund its share of the EMSD Program operating costs of the EMSD Program, up to a 20% match, as required by the EMSD Program; and, c) Authorizing the City Manager or her designee to execute all documents, including but not limited to, applications, forms, agreements and payment requests, which may be necessary to submit and secure the EMSD Grant, the City’s obligations related thereto, and all amendments thereto, for the Project. Community Development Director Smittle gave an overview of the staff report. Council Members Steele and Moore’s questions and concerns were addressed by Community Development Director Smittle. Mayor Sustarsic opened the public hearing. Speakers: Ken Seiff. Mayor Sustarsic closed the public hearing. Mayor Sustarsic called upon Community Development Director Smittle to answer Mr. Seiff’s questions regarding the fees for transportation services. Mayor Pro Tem Landau requested clarification on the scope of services that would be offered. Community Development Director Smittle confirmed that the transportation services would be City-wide. Mayor Sustarsic moved, second by Council Member Steele to Adopt Resolution 7551: a) Authorizing the City Manager to submit the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program, and to accept any grant funds awarded through the City through the EMSD Program; and, b) Authorizing the City to fund its share of the EMSD Program operating costs of the EMSD Program, up to a 20% match, as required by the EMSD Program; and, c) Authorizing the City Manager or her designee to execute all documents, including but not limited to, applications, forms, agreements and payment requests, which may be necessary to submit and secure the EMSD Grant, the City’s obligations related thereto, and all amendments thereto, for the Project. 8 8 8 9 AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS N. Municipal Code Amendment Related to Special Event Permit Procedures - That the City Council introduce, waive full reading, and read by title only, Ordinance 1713, amending portions of Title 7 of the Seal Beach Municipal Code pertaining to special event application procedures. Community Development Director Smittle gave an overview of the staff report. Mayor Sustarsic moved, second by Council Member Moore to introduce, waive full reading, and read by title only, Ordinance 1713, amending portions of Title 7 of the Seal Beach Municipal Code pertaining to special event application procedures. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried O. Placement of a One-Half Cent (1/2¢ ) Transactions (Sales) and Use Tax Measure on the November 5, 2024, General Municipal Election Ballot for Voter Consideration - That the City Council adopt 1. Resolution 7552 Approving an Ordinance and Ordering that a Measure be Submitted to the Voters of the City at the General Municipal Election to be Held on November 5, 2024, to Increase by .5% the Local Transactions and Use Tax from 1% to 1.5%, with the Tax Continuing to be Administered by the California Department of Tax and Fee Administration; and, 2. For submission to voters, Ordinance 1714, an Ordinance Adopted by the Voters of the City of Seal Beach Amending Sections 4.55.025 and 4.55.035 of the Seal Beach Municipal Code to Increase the Rate of the Existing Transactions and Use Tax by .5%, from 1% to 1.5%, to be Administered by the California Department of Tax and Fee Administration. City Manager Ingram gave an overview of the staff report and turned the item over to Finance Director Arenado for a presentation. A discussion ensued between Mayor Sustarsic, Mayor Pro Tem Landau, and Finance Director Arenado regarding community outreach, and sharing the rising costs between 8 8 8 9 residents and visitors, to keep the city operational. Council Member Moore noted that his support for the measure would be contingent upon the City agreeing to a comprehensive pension pay-down plan, the establishment of a 3- 5-year financial plan, which would include a hiring freeze when necessary and that future Council Members would be informed that a portion of the funds from the measure would be dedicated to infrastructure projects throughout the city. Mayor Sustarsic, Mayor Pro Tem Landau, Council Member Kalmick, and Council Member Steele voiced their support of item O. Council Member Kalmick moved, second by Council Member Steele to adopt 1. Resolution 7552 Approving an Ordinance and Ordering that a Measure be Submitted to the Voters of the City at the General Municipal Election to be Held on November 5, 2024, to Increase by .5% the Local Transactions and Use Tax from 1% to 1.5%, with the Tax Continuing to be Administered by the California Department of Tax and Fee Administration; and, 2. For submission to voters, Ordinance 1714, an Ordinance Adopted by the Voters of the City of Seal Beach Amending Sections 4.55.025 and 4.55.035 of the Seal Beach Municipal Code to Increase the Rate of the Existing Transactions and Use Tax by .5%, from 1% to 1.5%, to be Administered by the California Department of Tax and Fee Administration. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Sustarsic adjourned the City Council meeting in memory of Retired Seal Beach Police Captain Orville King and Bob Hall & Associates Founder and Retired Orange County City Manager Bob Hall at 8:56 p.m. to reconvene the Closed Session. __________________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ____________________________ Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE:August 12, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Second Reading and Adoption of Ordinance 1712 Adopting Zone Text Amendment 24-01 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council conduct second reading, by title only, and adopt Ordinance 1712 titled "An Ordinance of the City of Seal Beach amending portions of Title 11 of the Seal Beach municipal code pertaining to residential development standards, commercial land use regulation, commercial development standards, off-street parking requirements, and shared parking agreements, and finding the ordinance to be exempt from the California Environmental Quality Act.” BACKGROUND AND ANALYSIS: At its meeting on July 22, 2024, the City Council approved the introduction of Ordinance 1712 of the City of Seal Beach City Council amending portions of title 11 of the Seal Beach municipal code pertaining to residential development standards, commercial land use regulation, commercial development standards, off-street parking requirements, and shared parking agreements, and finding the ordinance to be exempt from the California Environmental Quality Act. This item is to conduct a second reading and adopt Ordinance 1712 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: This item has been reviewed as to form. Page 2 1 8 7 1 FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council conduct second reading, by title only, and adopt Ordinance 1712 titled "An Ordinance of the City of Seal Beach amending portions of title 11 of the Seal Beach municipal code pertaining to residential development standards, commercial land use regulation, commercial development standards, off-street parking requirements, and shared parking agreements, and finding the ordinance to be exempt from the California Environmental Quality Act.” SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Ordinance 1712 1 9 2 5 3 ORDINANCE 1712 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING PORTIONS OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO RESIDENTIAL DEVELOPMENT STANDARDS, COMMERCIAL LAND USE REGULATION, COMMERCIAL DEVELOPMENT STANDARDS, OFF-STREET PARKING REQUIREMENTS, AND SHARED PARKING AGREEMENTS, AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1.Recitals. A. Seal Beach Municipal Code (SBMC) Section 11.2.05.015 (Development Standards for Residential Districts) sets forth development standards in residential districts, including height restrictions. Amendment to this section is necessary because the height restriction in the RHD-20 zone has not been updated pursuant to Ordinance 1646, which was adopted by City Council on July 13, 2015. B. SBMC Section, 11.2.10.010 (Commercial Land Use Regulation) sets forth commercial land use regulations in commercial and mixed-use districts. Amendment to this section is necessary because several uses subject to a Minor Use Permit have been misidentified by the letter designation “A” rather than “M” (Minor Use Permit) within Table 11.2.10.010. C. SBMC Section 11.2.10.015 (Development Standards – Commercial and Mixed-Use Districts) sets forth the development standards for commercial and mixed- use districts. Amendment to this section is necessary because the Street Frontage Building Setback standard in Table 11.2.10.015.C.1 has been erroneously listed with the Height standard for the Service Commercial District II and General Commercial District II zones. D. SBMC Section 11.4.20.015 (Required Off Street Parking Spaces) sets forth parking standards in residential districts. Amendment to this section is necessary due to the recent enactment of Government Code Section 65863.3 (Assembly Bill (“AB”) 1308, Stat. of 2023, C. 749), which now prohibits local agencies including charter cities from increasing the minimum parking requirement of a single-family residence as a condition of approving a project to remodel, renovate, or add to the residence. Exceptions apply, if projects exceed maximum size limits imposed by zoning regulations. E. Seal Beach Municipal Code Section 11.4.20.020 (Parking Reductions) sets forth standards in Shared Parking Agreements. Amendment to this section is necessary as a result of the enactment of Government Code Section 65863.3 2 9 2 5 3 (AB 894, Stat. of 2023, C. 749), which now requires local agencies including charter cities to administratively approve Shared Parking Agreements for new and existing development that meet the State mandated requirements for Shared Parking Agreement documents and development criteria. Section 2.Procedural Findings. The City Council of the City of Seal Beach does hereby find, determine, and declare that: A. On July 1, 2024, the Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 24-05, recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance on July 22, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3.California Environmental Quality Act Exemption. The City Council hereby determines that this Ordinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (“CEQA”) and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the zone text amendment clarifies and eliminates inconsistencies and erroneous information with respect to existing residential and commercial development standards and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of residential and commercial structures. The amendment, therefore, is exempt from the requirements of CEQA under CEQA Guidelines Section 15061(b)(3) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 4.Consistency Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan: A. The proposed Code Amendment is consistent with the following General Plan Land Use Element Goal and Policy: 3 9 2 5 3 1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live. B. The proposed amendments are also consistent with Chapter 3 of the Coastal Act, will not have an impact either individually or cumulatively on coastal resources, and do not involve any change in existing or proposed use of land or water. Section 5.Table 11.2.05.015 of Section 11.2.05.015 (Development Standards for Residential Districts Table) of Chapter 11.2.05 (Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “Table 11.2.05.015 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46 Supplemental Regulations Density/Intensity of Use - Lot Dimensions Maximum Density 1 unit per 5,000 sq. ft. of lot area, plus an “Accessory Dwelling Unit” 1 unit per 3,000 sq. ft. of lot area, plus an “Accessory Dwelling Unit” 1 unit per 2,500 sq. ft. of lot area 1 unit per 2,178 sq. ft. of lot area 1 unit per 1,350 sq. ft. of lot area 1 unit per 960 sq. ft. of lot area See Section 11.4.05.115 for Accessory Dwelling Unit standards. See subsection A for Surfside Standards Maximum Density with State Affordable Housing Bonus (du/ac) See Chapter 11.4.55: Affordable Housing Bonus Minimum Lot Area (sq. ft.) Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 (W) See Section 11.4.05.115 for Accessory Dwelling Unit standards. Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W) See Section 11.4.05.115 for Accessory Dwelling Unit standards. Nonresidential Uses 10,000 10,000 10,000 10,000 10,000 10,000 Minimum Lot Size (ft.) Interior Lots 50 x 100 30 x 80 50 x 100 25 x 100 50 x 100 50 x 100 (W) Corner Lots 55 x 100 35 x 80 50 x 100 25 x 100 55 x 100 55 x 100 (W) Minimum Floor Area (sq. ft.) Primary Dwelling Unit 1,200 1,200 (E)950 950 950 950 Junior Accessory Dwelling Unit 150 150 150 150 150 150 1-Bedroom Accessory Dwelling Unit 400 400 400 400 400 400 2+-Bedroom Accessory Dwelling Unit 600 600 600 600 600 600 Maximum Floor Area for Accessory Dwelling Units (sq. ft.) 4 9 2 5 3 RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46 Supplemental Regulations Junior Accessory Dwelling Unit 500 500 500 500 500 500 Detached Accessory Dwelling Unit 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) Attached Accessory Dwelling Unit 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) L-3 Maximum Lot Coverage (%)(B)67 50 75 (B)60 80 (B) (W) Substandard Lot Standards Yes Yes Yes Yes Yes Yes (C) Building Form and Location Minimum Yards (ft.) Front - Minimum (D)(E) Average 12; minimum 6 Average 12; minimum 6 18 18 (D) (E) (W); L-2 Interior Side - Minimum (A) (D)(E) 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimum; 10 ft. maximum (A) (D) (E) (W) Corner Side - Minimum 15% of lot width; 10 ft. maximum (E) 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maximum (E) (W) Rear 10 (E) 5 ft.; but when abutting an alley 24 ft. minus width of the alley 24 ft. minus width of the alley 24 ft. minus width of the alley (E) (W) Main Building Envelope Flood Zone Heights Yes Yes Yes Yes Yes Yes (F) Maximum Height (ft.)25 (A) (G) (not to exceed 2 stories) 25 (E)(G) 25 (not to exceed 2 stories) 35 35 (A) (G) (E) (W) Maximum Height of Downslope Skirt Walls (ft.)6 6 6 6 6 6 (H) Projections Yes Yes (E)Yes Yes Yes Yes (I) (E) (W) Minimum Distance Between Buildings on the Same Lot (ft.) 6 6 6 6 6 10-20 (J) Minimum Court Dimensions (ft.)————15 15” Section 6.Table 11.2.10.010 of Section 11.2.10.010 (Use Regulations – Commercial and Mixed-Use Districts Table) of Chapter 11.2.10.010 (Commercial and Mixed Use Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: 5 9 2 5 3 “Table 11.2.10.010 USE REGULATIONS—COMMERCIAL AND MIXED-USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Residential Use Types Single Unit Residential P —L-1 ——See Section 11.2.10.015 and Section 11.4.05.060 Second Unit ————— Two-Unit Residential (Duplex)P — L-1 —— Multiple Unit Residential P —L-1 —— Family Day Care Small Family P ———— Large Family C C —C C See Section 11.4.05.045 Group Housing —C ——— Senior Citizen Housing ————— Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Public, Semi-Public, and Service Use Types Clubs and Lodges ———C C See Section 11.4.05.080 Community Center C C —C C Community Social Service Facilities —C —C C Cultural Institutions —C —C C See Section 11.4.05.080 Day Care Center C C —C C See Section 11.4.05.045 Government Offices AM AM AM AM AM Hospitals and Clinics Hospitals —C —C C Clinics —C —C C Park and Recreation Facilities P P P P P Parking Facilities, Public C C C C C See Chapter 11.4.20 Public Safety Facilities AM AM AM AM AM Religious Facilities —C —C C Residential Care Facilities See Section 11.4.05.105 Residential Care, General —C —C C 6 9 2 5 3 LC/RMD PO MSSP SC GC Additional Regulations Residential Care, Limited P C —C C Residential Care, Senior —C —C C Schools, Private C C —C C See Section 11.4.05.080 Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Commercial Use Types Adult Business Establishments ————P See Chapter 11.4.50 Animal Sales and Services ——AM AM AM Artists’ Studios P P P P P Automobile/Vehicle Sales and Services Automobile Rentals ———AM AM Automobile/Vehicle Sales and Leasing ————P Automobile/Vehicle Service and Repair, Major ———C C See Section 11.4.05.040 Automobile Service Stations/Vehicle Service and Repair, Minor ———C C See Section 11.4.05.035 Automobile Washing ———AM AM Large Vehicle Sales, Services and Rental ————AM Bakery L-4 —L-4 L-4 L-4 Banks and Other Financial Institutions —P P P P With Drive-Through Facilities —C C C C See Section 11.4.05.050 Automated Teller Machines (ATMs)—AM AM AM AM See Section 11.4.05.030 Building Materials and Services ————C Business Services P P L-2, L-3 P P Commercial Recreation Large-scale ———C C Small-scale ———AM AM Eating and Drinking Establishments 7 9 2 5 3 LC/RMD PO MSSP SC GC Additional Regulations Bars ——C C C Coffee House/ Dessert Shop ——P; L-5; L-6 P P Restaurants, Fast Food ———C C See Section 11.4.05.050 Restaurants, Full Service ——P, C P, C P, C See Section 11.4.05.015 Restaurants, Limited Service ——P P P See Section 11.4.05.015 Restaurants, Take Out Only ——P AM AM With Drive-Through Facilities ———C C See Section 11.4.05.050 With Outdoor Eating Areas ——AM, C AM, C AM, C See Section 11.4.05.090 Extended Hour Business C ——C C See Section 11.4.05.055 Food and Beverage Sales Catering Services ————P Convenience Market ———P, C P, C See Section 11.4.05.015 General Market ——P, C P, C P, C See Section 11.4.05.015 Liquor Stores ——C C C See Section 11.4.05.070 Funeral Parlors and Mortuaries ————P Home Improvement Sales and Services ————C See Sections 11.4.05.090 and 11.4.05.140 Hotels and Motels ————C Kennel ———C C Kiosks ———AM AM See Section 11.4.05.065 Laboratories —P L-2, L-3 P P Maintenance and Repair Services P ——P P Massage Establishment P P L-2, L-3 P P See Chapter 5.45, Massage and Massage Establishments Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Offices, Business and Professional P P L-2, L-3 P P Walk-in Clientele P P L-2, L-3 P P Offices, Medical and Dental P P L-2, L-3 P P Parking Facilities, Commercial ——C —C See Chapter 11.4.20 Personal Services P P P P P 8 9 2 5 3 LC/RMD PO MSSP SC GC Additional Regulations Retail Sales P —P P P See Section 11.4.05.090 Large Format ———P P See Section 11.4.05.140 Smoke Shop ———C C See Chapter 5.75 Tattoo Establishments ————C See Chapter 11.4.65 Theaters ——C —C Light Manufacturing Use Types Contractors’ Yards ————— Handicraft/Custom Manufacturing P P P P P Industry, Limited ————— Industry, General ————— Warehousing and Storage Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Indoor Commercial Storage ————— Outdoor Storage ————— Personal Storage ————— Transportation, Communication, and Utility Use Types Wireless Communication Facilities See Chapter 11.4.70 Antennae and Transmission Towers C C C C C Satellite dishes less than 79″ in diameter P P P P P Recycling Facilities See Section 11.4.10.025 Recycling Collection Point ———C C Recycling Processing Facility ————C Reverse Vending Machines P P P P P Utilities, Major Hazardous Waste Facility ————C See Chapter 11.4.60 Utilities, Minor P P P P P Agriculture Use Types Nurseries ——P P P 9 9 2 5 3 LC/RMD PO MSSP SC GC Additional Regulations Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Other Applicable Use Regulations Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations” Section 7.Table 11.2.10.015.C.1 of Section 11.2.10.015 (Building Setbacks from Street Frontages – Commercial and Mixed-Use Districts Table) of Chapter 11.2.10 (Commercial and Mixed-Use Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “Table 11.2.10.015.C.1 BUILDING SETBACKS FROM STREET FRONTAGES— COMMERCIAL AND MIXED-USE DISTRICTS Commercial District Street Frontage Building Setback LC-RMD District Commercial Use 6 foot average; 3 foot minimum Side Street 10% lot width; 5 foot maximum Residential Use 12 foot average; 6 foot minimum Side Street 10% lot width; 8 foot maximum PO District District I 10 feet minimum Side Street 15% lot width; 3 foot minimum; 10 foot maximum District II 18 feet minimum Side Street 15% lot width; 5 foot minimum; 15 foot maximum MSSP District 0 feet SC District District I 0 feet District II 35 feet, 3 story maximum 0 feet 10 9 2 5 3 Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum GC District District I 0 feet District II 35 feet, 3 story maximum 0 feet Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum District VI 18 feet minimum” Section 8.Table 11.4.20.015.A.1 (Required Parking Table) of Chapter 11.4.20 (Off- Street Parking and Loading) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “Table 11.4.20.015.A.1 REQUIRED PARKING Use Classification Required Off-Street Parking Spaces Additional Regulations Residential Use Types Single-Unit Dwelling 2 spaces per studio unit. 2 spaces per dwelling unit for each unit of 1 to 5 bedrooms. 3 spaces per dwelling for each unit of 6 bedrooms or more plus 1 additional space for each bedroom above 6 total bedrooms in the dwelling unit. See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage. All required spaces must be located in a garage. See also Section 11.2.05.015.N.4: Required Garage Exception— RLD-9 District. See also Section 11.2.05.015.N.5: Required Garage Exception— Surfside. See also Section 11.2.05.015.N.6: Required Garage Exception— RHD-20 District. See also Section 11.4.40.010.B: Maintenance, Nonstructural Repairs and Interior Alterations. Note: Additions to existing single-unit dwellings may have a reduced parking requirement approved by minor use permit subject to Chapter 11.5.20: 11 9 2 5 3 Use Classification Required Off-Street Parking Spaces Additional Regulations Development Permits. For reduced parking in homes with a remodel, addition or renovation, see Section 11.4.20.020. E. Accessory Dwelling Unit See Section 11.4.05.115.E.3. See Section 11.4.05.115.E.3. Two-Unit Dwelling; Multiple- Unit Residential 2 spaces per dwelling unit for each unit. 1 guest space for every 7 units. 1 space per dwelling unit, inclusive of guest parking, for each studio or one-bedroom unit in a development meeting the minimum requirements of Chapter 11.4.55: Affordable Housing Bonus. See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage. All spaces except guest spaces must be located in a garage or carport. Small Family Day Care No additional spaces required (besides the required spaces for the residential dwelling). Large Family Day Care 1 space per employee, with a minimum of 3 provided. Section 11.4.05.045.B: Large Family Day Care Homes Group Housing 0.5 space per unit.See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage Senior Citizen Housing 0.5 space per unit.See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage Transitional Housing 0.5 space per unit.See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage” Public, Semi-Public, and Service Use Types Cemetery To be determined by Director, who may require a parking demand analysis. Clubs and Lodges 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. 12 9 2 5 3 Use Classification Required Off-Street Parking Spaces Additional Regulations Each 24″ of bench type seating is considered 1 seat. Community Center 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. Each 24″ of bench type seating is considered 1 seat. Social Service Organization To be determined by director, who may require parking demand analysis. Cultural Institutions 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. Each 24″ of bench type seating is considered 1 seat. Day Care Center 1 space per employee, with a minimum of 3 spaces provided. Section 11.4.05.045.C: Child Day Care Center Golf Course Minimum of 5 spaces per hole. Hospitals and Clinics Hospitals 1 space per bed. Clinics 1 space per 250 square feet. Park and Recreation Facilities To be determined by director, who may require parking demand analysis. Parking Facilities, Public 1 space per attendant station. Public Maintenance and Service Facilities To be determined by director, who may require parking demand analysis. Public Safety Facilities To be determined by director, who may require parking demand analysis. Religious Facilities 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. 13 9 2 5 3 Use Classification Required Off-Street Parking Spaces Additional Regulations Each 24″ of bench type seating is considered 1 seat. Hospitals and Clinics Residential Care, General 1 space per 2 employees, plus 1 space per facility vehicle. Residential Care, Limited None required above the requirement for the residential dwelling type. Residential Care, Senior 1 space per 5 beds. Schools, Private Junior high/elementary school: 1 space per classroom, plus 1 space per 300 square feet of office area. High school: 1 space per classroom, plus 1 space per 300 square feet of office area, plus 1 space per 10 students. Commercial Use Types Adult Business Establishments Retail establishments: 1 space per 300 square feet. Bars 1 space per 100 square feet. Animal Sales and Services 1 space per 300 square feet. Kennel 1 space per 1000 square feet of building area. Artists' Studios 1 space per studio. Automobile/Vehicle Sales and Services Automobile Rentals 1 per 300 square feet of office area in addition to storage/display spaces for all vehicles for rent. Automobile/Vehicle Sales and Leasing 1 per 300 square feet of office area in addition to storage/display spaces for all vehicles for sale or lease. Automobile/Vehicle Service and Repair, Major 1 space per service bay (not including areas for 14 9 2 5 3 Use Classification Required Off-Street Parking Spaces Additional Regulations auto service or auto storage), plus parking for any towing vehicles used in the operation. Automobile Service Station/Vehicle Service and Repair, Minor 1 space per 300 square feet of any convenience store plus 1 space per service bay if repair occurs on-site (in addition to spaces at pumps, queuing areas for pumps, and areas for self-service water and air areas). Automobile Washing 1 per 300 square feet of any indoor sales, office, or lounge areas. Large Vehicle Sales, Services and Rental 1 space per 300 square feet of office area in addition to storage/ display spaces for all vehicles for rent. Banks and Other Financial Institutions 1 space per 250 square feet. With Drive-Through Facilities 1 space per 250 square feet of floor area. No additional spaces required for drive-through facility. Automated Teller Machines (ATMs) 2 spaces per ATM. Bed and Breakfasts 1 space per guest room, in addition to 1 space required for resident owner. Section 11.3.05.015: General Provisions Building Materials and Services 1 space per 500 square feet of building area plus 1 space per 600 sq. ft. of outdoor sales/ display area. Section 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls Business Services 1 space per 300 square feet. Commercial Recreation Large-Scale (greater than 20,000 sq. ft.) Gyms and fitness studios: 1 space per 300 square feet. Other specific uses: to be determined by 15 9 2 5 3 Use Classification Required Off-Street Parking Spaces Additional Regulations director, who may require a parking demand analysis. Small-Scale (20,000 sq. ft. or less) Gyms and fitness studios: 1 space per 300 square feet. Other specific uses: to be determined by director, who may require a parking demand analysis. Day Spa/Spa 1 space per 300 square feet. Eating and Drinking Establishments Bars 1 space per 100 square feet. Restaurants, Fast Food 1 space per 100 square feet. Restaurants, Full Service 1 space per 100 square feet. Restaurants, Limited Service 1 space per 100 square feet. Restaurants, Take Out Only 1 space per 300 square feet. With Drive-Through Facilities 1 space per 100 square feet. With Outdoor Eating Areas 1 space per 100 square feet, including outdoor dining areas. Food and Beverage Sales Catering Services 1 space per 1000 square feet, plus parking for any vehicles used in the business. Convenience Market 1 space per 300 square feet. General Market 1 space per 300 square feet. Liquor Stores 1 space per 300 square feet. Funeral Parlors and Mortuaries To be determined by the director, who may require a parking demand analysis. 16 9 2 5 3 Use Classification Required Off-Street Parking Spaces Additional Regulations Home Improvement Sales and Services 1 space per 400 sq. ft. of floor area or outdoor sales display. Subsection 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls Hotels and Motels 1 space per unit; plus 2 spaces adjacent to registration office; 1 space per 20 person capacity of any conference or banquet rooms. Laboratories 1 space per 400 square feet. Live/Work Unit 1 space per unit for each unit smaller than 1000 square feet; 1.5 spaces per unit for each unit containing 1000 square feet or greater floor area or 2 or more bedrooms. Maintenance and Repair Services 1 space per 500 square feet. Massage Establishment 1 space per 300 square feet. Offices, Business and Professional 1 space per 400 square feet. Walk-in Clientele 1 space per 300 square feet. Offices, Medical and Dental 1 space per 200 square feet. Parking Facilities, Commercial 1 space per attendant station (in addition to parking spaces for customers). Personal Improvement Services 1 space per 300 square feet. Massage, Accessory 1 space per 300 square feet. Personal Services 1 space per 300 square feet. Massage, Accessory 1 space per 300 square feet. Beauty/Barber Shops 2 spaces for each operator station. 17 9 2 5 3 Use Classification Required Off-Street Parking Spaces Additional Regulations Retail Sales 1 space per 300 square feet. Shopping Centers greater than 75,000 square feet of GFA 5 spaces per 1,000 square feet of GFA. Subsection 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls Tattoo Parlors 1 space per 300 square feet. Theaters 1 space per 4 seats. Light Manufacturing Use Types Contractors' Yards 1 space per 1000 square feet of building area (if building exists). Handicraft/Custom Manufacturing 1 space per 750 square feet. Industry, General 1 space per 1000 square feet of building area. Industry, Limited 1 space per 1000 square feet of building area. Warehousing and Storage 1 space per 1000 square feet of building area. Indoor Commercial Storage 1 space per 1000 square feet of building area. Outdoor Storage 1 space per 1000 square feet of building area. Personal Storage 1 space per 20 storage units. Transportation, Communication, and Utility Use Types Communication Facilities Antennae and Transmission Towers No spaces required unless maintenance occurs on a daily or more frequent basis, in which case 1 space per facility required. Facilities Within Buildings None Recycling Facilities Reverse Vending Machine When accessory to another use, no additional spaces required. Otherwise, subject to determination by director. Recycling Collection Point A minimum of 6 spaces for customers, plus 1 space for each commercial vehicle 18 9 2 5 3 Use Classification Required Off-Street Parking Spaces Additional Regulations operated by the recycling facility. Recycling Processing Facility 1 space per 1000 square feet. Utilities, Major To be determined by the director, who may require a parking demand analysis. Utilities, Minor No spaces required unless maintenance occurs on a daily or more frequent basis, in which case 1 space per facility required. Agricultural Use Types Crop and Animal Raising None for the crop or animal raising operation area. 1 space per 300 square feet of any accessory retail outlet. Nurseries 1 space per 350 square feet of indoor or outdoor sales/display area. Section 9.Subsection A (Shared Parking) of Section 11.4.20.020 (Parking Reductions) of Chapter 11.4.20 (Off-Street Parking and Loading) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “A. Shared Parking. 1.Shared Parking With a Conditional Use Permit. Except as otherwise provided in Subsection 2 regarding shared parking for sites with underutilized parking spaces, a conditional use permit shall be required for shared parking facilities in accordance with the following provisions. 1.a.Permit Requirement. A conditional use permit may be approved for shared parking facilities serving more than one use on a site or serving more than one property. The use permit may allow for a reduction of the total number of spaces required by this chapter if the following findings are made, in addition to the required findings pursuant to Chapter 11.5.20: Development Permits, Section 11.5.20.020: Required Findings: a.i.The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided; and 19 9 2 5 3 b.ii.The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately. 2.b.Shared Parking Agreement. A written agreement between the landowner(s) and the city shall be filed, in a form satisfactory to the city attorney, and including: a.i.A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for an approval of a use permit; b.ii.A guarantee among the landowner(s) for access to and use of the shared parking facilities; and c.iii.Evidence that the agreement has been recorded in the county recorder's office. 1.Shared Parking Without a Conditional Use Permit. C.Applicability. This subsection applies to any entity on sites possessing underutilized parking spaces, if the underutilized parking is not used by the receiving parcel to meet the City’s automobile parking requirements and those entities identify the benefits of the propsoed shared parking agreement. D.Definitions. For purposes of this subsection, the following terms shall have the following meanings. a)“Automobile parking requirements” means any parking that the City requires an entity to provide, including, but not limited to, parking imposed via ordinance, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or a development agreement. b)“Entity” means any property owner, lessor or business located on any site or other development. c)“Underutilized parking” spaces means any site where twenty (20) percent or more of the parking spaces remain unoccupied during the proposed shared parking period with the public, local agencies or other entities. E.Shared Parking Agreement Requirements. Entities with underutilized parking spaces may enter into a shared parking agreement with members of the public, local agencies, or other entities in accordance with the following requirements. a) Shared Parking Agreement. An application for a written shared parking agreement between the entities and the City shall be filed and may be administratively approved by the City if the agreement complies with all of the following requirements in a form satisfactory to the city attorney: 20 9 2 5 3 a) The shared parking agreement includes a parking analysis using peer- reviewed methodologies developed by a professional planning association sufficient to determine how many parking spaces can be reasonably shared between uses to fulfill parking requirements. (i) If a proposed shared parking agreement is submitted without a parking analysis as set forth in subparagraph (a), then the City may determine whether to approve or deny the shared parking agreement and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements. A shared parking agreement submitted without a parking analysis shall not be approved unless the City makes all of the findings set forth in Section 11.4.20.020.A.1.a of this Chapter. b) The proposed shared parking agreement includes provisions that secure the long-term provision of parking spaces or allow for periodic review and approval by the City. c) Applicants shall record the shared parking agreement against all parcels that are part of the agreement, and shall provide proof of recordation in a form satisfactory to the city attorney as a condition of implementation of the shared parking between the sites. 2.Shared Parking Agreements for developments with 10 residential units or more or 18,000 square feet or more. a) In addition to the requirements set forth in Section 11.4.20.020.A.2.c.i, the City shall notify property owners within 300 feet of the shared parking spaces of the proposed agreement, that any such property owner has 14 days to request a public meeting at the Planning Commission before the City makes a decision to approve or deny the shared parking agreement. b) If the City receives a request from a property owner to hold a public meeting within 14 days of the notification issued pursuant to subsection (a), the City shall hold a public meeting before the Planning Commission on the shared parking agreement to approve or deny the shared parking agreement and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements. c) If no request for a public meeting is received within the 14-day period, the City may issue a decision whether to approve or deny the shared parking agreement based upon the requirements set forth in Section 11.4.20.020.A.2.c.i. 21 9 2 5 3 3.Compliance with Parking Requirements. a) Parking spaces identified in a shared parking agreement will count toward meeting any automobile parking requirement for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments under any of the following conditions: (i) The entities that will share the parking are located on the same, or contiguous, parcels. (ii) The sites of the entities that will share parking are separated by no more than 2,000 feet of travel by the shortest walking route. (iii)The sites of the entities that will share the parking are separated by more than 2,000 feet of travel by the shortest walking route, but there is a plan for shuttles or other accommodations to move between the parking and site, including a demonstrated commitment to sustain such transportation accommodations. 4.Additional Requirements. a) The City shall not require the curing of any preexisting deficit of the number of parking spaces as a condition for approval of a shared parking agreement. b) The City shall not deny a shared parking agreement between entities solely on the basis that it will temporarily reduce or eliminate the number of parking spaces available at the entity sharing the underutilized parking. d) The City shall allow a development project in which a designated historical resource is being converted or adapted to meet the minimum parking requirements through the use of offsite shared parking. e) The City shall not reduce requirements to provide parking spaces accessible to persons with disabilities and shall not reduce the percentage of parking spaces that are designated for electric vehicles. f) A public agency, private landowner, or lessor must examine the feasibility of shared parking arrangements to replace new parking construction or limit the number of new parking spaces that will be constructed in either of the following circumstances: 22 9 2 5 3 (i) When state funds are being used on a proposed new development; or (ii) Before a parking structure or surface parking lot is developed using public funds.” Section 10.Section 11.4.20.020 (Parking Reductions) of Chapter 11.4.20 (Off- Street Parking and Loading) of Title 11 of the Seal Beach Municipal Code is hereby amended by the addition of Subsection 11.4.20.020.E to read as follows: “E. Single-Family Residences Parking Reduction. The following parking requirements shall apply to single-family residences undergoing remodeling, renovation, or addition projects in compliance with Assembly Bill 1308 (AB 1308, Stat. of 2023, C. 756). 5.For single family projects undergoing remodeling, renovations, or additions, no additional parking shall be required as a condition of approval, unless the following applies: a.Exception: Parking may be required on single family projects where the residence exceeds any maximum size limit prescribed by applicable zoning regulations, including height, lot coverage, and floor-to-area ratio. 6.Single family homes with an ADU are required to meet the parking requirements under the ADU section of this code.” Section 11.Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 12.Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 13.Effective Date. This Ordinance shall take effect thirty (30) days after passage. 23 9 2 5 3 INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of July 2024. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this 12th day of August 2024. AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: __________________________________ Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of July 2024, and was passed, approved, and adopted by the City Council at a regular meeting on the 12th day of August 2024. ___________________________ Gloria D. Harper, City Clerk Agenda Item E AGENDA STAFF REPORT DATE:August 12, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Second Reading and Adoption of Ordinance 1713 Amending Portions of Title 7 of the Seal Beach Municipal Code Regarding Special Event Permit Application Procedures ________________________________________________________________ SUMMARY OF REQUEST: That the City Council conduct second reading, by title only, and adopt Ordinance 1713 titled "An Ordinance of the City of Seal Beach amending portions of Title 7 of the Seal Beach municipal code pertaining to Special Event Permit Application Procedures and finding the ordinance to be exempt from the California Environmental Quality Act.” BACKGROUND AND ANALYSIS: At its meeting on July 22, 2024, the City Council approved the introduction of Ordinance 1713 of the City of Seal Beach City Council amending portions of Title 7 of the Seal Beach Municipal Code pertaining to Special Event Permit Application Procedures and finding the ordinance to be exempt from the California Environmental Quality Act. This item is to conduct a second reading and adopt Ordinance 1713 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed Municipal Code amendment is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (“CEQA”) and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the amendment consists only of minor revisions to existing specification of procedures related to special events. The amendment, therefore, Page 2 9 3 4 9 is exempt from the requirements of CEQA under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. LEGAL ANALYSIS: This item has been reviewed as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council conduct second reading, by title only, and adopt Ordinance 1713 titled "An Ordinance of the City of Seal Beach amending portions of Title 7 of the Seal Beach municipal code pertaining to Special Event Permit Application Procedures and finding the ordinance to be exempt from the California Environmental Quality Act.” SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Ordinance 1713 1 9 3 4 8 ORDINANCE 1713 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING PORTIONS OF TITLE 7 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO SPECIAL EVENT PERMIT APPLICATION PROCEDURES, AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT NOW THEREFORE, The City Council of The City of Seal Beach does hereby ordain as follows: Section 1.Subsection A (Application Filing Time) of Section 7.50.020 (Procedure) of Chapter 7.50 (Special Events) of Title 7 (Public Peace, Morals, and Welfare) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “A. Application Filing Time. An application for a special event permit, along with an application fee in an amount established by city council resolution, shall be filed as follows: 1. At least 30 days prior to the date of the proposed special event where anticipated attendance is less than 100 persons; and 2. At least 45 days prior to the date of the proposed special event where anticipated attendance is 100 or more persons. Notwithstanding the foregoing, the director may accept a special event permit application filed less than 30 days in advance when anticipated attendance at the special event is less than 100 persons and proposed to be conducted in a city park, and the director determines that there is adequate time for review of the application.” Section 2.California Environmental Quality Act Exemption. Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed Municipal Code amendment is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (“CEQA”) and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the amendment consists only of minor revisions to existing specification of procedures related to special events. The amendment, therefore, is exempt from the requirements of CEQA under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 2 9 3 4 8 Section 3.Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. Section 4.Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 5.Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 6.Effective Date. This Ordinance shall take effect thirty (30) days after passage. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of July 2024. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 12th day of August 2024 AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Schelly Sustarsic, Mayor ATTEST: Gloria Harper, City Clerk 3 9 3 4 8 APPROVED AS TO FORM: __________________________________ Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of July 2024, and was passed, approved, and adopted by the City Council at a regular meeting on the 12th day of August 2024. ___________________________ Gloria D. Harper, City Clerk Agenda Item F AGENDA STAFF REPORT DATE:August 12, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing Execution of Public Works Agreement with MDJ Management, LLC for the North Seal Beach Community Center, CIP BG2501 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7553: 1. Approving the scope of work for North Seal Beach Community Center, CIP BG2501 (“Project”); and, 2. Approving and awarding a Public Works Agreement to MDJ Management, LLC in the not-to-exceed amount of $319,221.89 for the Project, utilizing the pricing of the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8- GB13-123021-MDJ); and, 3. Authorizing the City Manager to execute a Public Works Agreement with MDJ Management, LLC for the Project; and, 4. Authorizing the City Manager to approve additional work requests up to $85,000 and inspection services up to $15,000 in connection with the Project, in the cumulative not-to-exceed amount of $100,000. BACKGROUND AND ANALYSIS: On January 22, 2024, the City Council adopted Resolution 7481, approving the application for grant funds related to the Orange County Housing and Community Development Public Facilities and Improvements, provided through the Community Development Block Grant (“CDBG”) program, to apply upgrades to the North Seal Beach Community Center (“NSBCC”), and to accept any funds awarded through the program. As part of the grant application process, staff solicited a proposal from MDJ Management, LLC (“MDJ”) utilizing Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB13-123021-MDJ), pursuant to City of Seal Beach Municipal Page 2 1 8 7 0 Code Section 3.20.025(D), which provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications. The Project will implement a comprehensive remodel of the NSBCC, addressing issues of accessibility, functionality, and sustainability. The grant funds will be used to upgrade interior and exterior lighting to energy-efficient fixtures; reconfigure the kitchen to consolidate appliances for energy efficiency and create a better working space for senior meal programs; enhance operable exterior doors to encourage outdoor usage and extend usable space and capacity; upgrade doors from single pane to dual pane glass for increased efficiency and resiliency; rehabilitate restrooms to include low-flow, water efficient fixtures; and implement Americans with Disabilities Act (“ADA”) compliant upgrades to increase and improve equitable access for all. ADA improvements include removing the wall around the drinking fountain for wheelchair accessibility, replacing sliding doors with swinging doors to remove trip hazards, and eliminating trip hazards in the entry using enhanced flooring materials. On February 22, 2024, MDJ provided staff with a Proposal in the not-to-exceed Project cost of $319,221.83, utilizing the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB13-123021-MDJ). On June 5, 2024, Contract #012-24011207 between the County of Orange and the City of Seal Beach was executed, awarding $350,000 to the City for the renovation of the NSBCC, with a 20% City matching fund of $70,000, for a total of $420,000. Accordingly, staff is requesting a $85,000 contingency for the upcoming renovation project on the 56-year-old facility, and a $15,000 inspection allowance. Given the age of the building, there is a possibility of unforeseen discoveries that may necessitate additional expenses. MDJ possesses the appropriate "B" General Building contractor's license and presently holds contracts with neighboring cities, utilizing the same Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB13-123021-MDJ). Based on MDJ's revised proposal, staff recommends entering into a Public Works Agreement with MDJ to complete the project. If the project is awarded, the renovation of the NSBCC is tentatively slated to commence in Fall 2024, allowing for the accommodation of scheduled summer programming at the facility. ENVIRONMENTAL IMPACT: This item complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d) as the work involves restoration or rehabilitation of existing facilities. Page 3 1 8 7 0 LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: The Project will utilize funds allocated in FY 2024-25 Capital Improvement Program, which includes grant funds from the CDBG program and City’s matching funds. Any unused funds will be returned to the original funding source. The table below represents a breakdown of the total project funding: Description Amount BG2501 (CDBG Grant Funds)$350,000 BG2501 (Matching Funds)$69,000 O-BG-1 (Matching Funds)$1,000 Total $420,000 To meet the 20% matching fund requirement, City Council Member Steele has pledged his Fiscal Year 2023-24 and 2024-25 discretionary funds to be used for this project. The table below represents a breakdown of the Project costs: Description Amount MDJ Management, LLC $319,221.89 Contingency $85,000.00 Inspection Services $15,000.00 Total:$419,221.89 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7553: 1. Approving the scope of work for North Seal Beach Community Center, CIP BG2501 (“Project”); and, 2. Approving and awarding a Public Works Agreement to MDJ Management, LLC in the not-to-exceed amount of $319,221.89 for the Project, utilizing the pricing of the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8- GB13-123021-MDJ); and, Page 4 1 8 7 0 1. Authorizing the City Manager to execute a Public Works Agreement with MDJ Management, LLC for the Project; and, 2. Authorizing the City Manager to approve additional work requests up to $85,000 and inspection services up to $15,000 in connection with the Project, in the cumulative not-to-exceed amount of $100,000. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7553 B. Agreement with MDJ Management, LLC RESOLUTION 7553 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS AGREEMENT WITH MDJ MANAGEMENT, LLC FOR THE NORTH SEAL BEACH COMMUNITY CENTER, CIP BG2501 WHEREAS, the City of Seal Beach (“City”) has identified the need for rehabilitation of the North Seal Beach Community Center (“NSBCC”); and, WHEREAS, on January 22, 2024, the City Council adopted Resolution 7481 approving the application for grant funds related to the Orange County Housing and Community Development Public Facilities and Improvements, provided through the Community Development Block Grant (“CDBG”) program, to apply upgrades to the North Seal Beach Community Center (“NSBCC”), and to accept any funds awarded through the program; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(D), provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications; and, WHEREAS, staff solicited a proposal from MDJ Management, LLC (“MDJ”) utilizing Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB13- 123021-MDJ); and, WHEREAS, on February 22, 2024, MDJ provided a proposal for the Project in the not-to-exceed amount of $319,221.89, utilizing Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB13-123021-MDJ); and, WHEREAS, on June 5, 2024, Contract #012-24011207 between County of Orange and the City of Seal Beach was executed, awarding $350,000 in CDBG funds to the City for the renovation of the NSBCC; and, WHEREAS, MDJ possesses the appropriate "B" General Building contractor's license and is a qualified firm to perform the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the scope of work for the rehabilitation of and upgrades to the North Seal Beach Community Center, CIP BG2501 (“Project”). SECTION 2. Based on the recitals set forth above, which are incorporated herein 9 3 4 4 by this reference, the City Council hereby awards a Public Works Agreement to MDJ for the Project in a total not-to-exceed amount of $319,221.89, utilizing Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB13-123021-MDJ). SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the Public Works Agreement with MDJ Management, LLC on behalf of the City for the Project. SECTION 4. The City Council hereby authorizes the City Manager to approve additional work requests up to $85,000 and inspection services up to $15,000 in connection with the Project, in the cumulative not-to- exceed amount of $100,000. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of August 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7553 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of August 2024. Gloria D. Harper, City Clerk Agenda Item G AGENDA STAFF REPORT DATE:August 12, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Award of Contract for On-Call Professional Services Agreements for Various Disciplines ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7554: 1. Authorizing the City Manager to execute a professional services agreement with AKM Consulting Engineers, Inc., in the amount of $500,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, 2. Authorizing the City Manager to execute a professional services agreement with Anser Advisory Management, LLC, in the amount of $300,000 to provide On-Call Professional Engineering Services in Various Disciplines for a three-year term; and, 3. Authorizing the City Manager to execute a professional services agreement with Ardurra Group, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services and Professional Development Services Support for a three-year term; and, 4. Authorizing the City Manager to execute a professional services agreement with AZTEC Engineering Group, Inc., in the amount of $300,000 to provide On-Call Professional Services for a three-year term; and, 5. Authorizing the City Manager to execute a professional services agreement with BKF Engineers, in the amount of $300,000 to provide On-Call Professional Engineering Services of Various Disciplines for a three-year term; and, 6. Authorizing the City Manager to execute a professional services agreement with David Evans and Associates, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, Page 2 1 8 7 2 7. Authorizing the City Manager to execute a professional services agreement with GMU Geotechnical, Inc., in the amount of $300,000 to provide On-Call Professional Engineering Services for a three-year term; and, 8. Authorizing the City Manager to execute a professional services agreement with Iteris, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services - Traffic & Transportation Engineering Services for a three-year term; and, 9. Authorizing the City Manager to execute a professional services agreement with KDM Meridian, in the amount of $200,000 to provide On-Call Professional Surveying Services for a three-year term; and, 10.Authorizing the City Manager to execute a professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $300,000 to provide On-Call Professional Engineering/ Design / Management / Development Support Services for a three-year term; and, 11.Authorizing the City Manager to execute a professional services agreement with NV5, Inc., in the amount of $500,000 to provide On-Call Professional Engineering, Construction Management, Surveying, and Environmental Services for a three-year term; and, 12.Authorizing the City Manager to execute a professional services agreement with Pacific Advanced Civil Engineering, Inc., in the amount of $500,000 to provide On-Call Professional Engineering Services in Various Disciplines for a three-year term; and, 13.Authorizing the City Manager to execute a professional services agreement with Stantec Consulting Services, Inc., in the amount of $500,000 to provide On-Call Professional Engineering, Architectural, Landscape Architectural, Surveying and Planning Services for a three-year term; and, 14.Authorizing the City Manager to execute a professional services agreement with RDC-S111, Inc. dba Studio One Eleven, in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management and Landscape Architecture and Parks Design Services for a three-year term; and, 15.Authorizing the City Manager to execute a professional services agreement with W.G. Zimmerman Engineering, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, 16.Authorizing the City Manager to execute a professional services agreement with Yao Engineering, Inc., in the amount of $200,000 to provide On-Call Professional Engineering Services for a three-year term; and, Page 3 1 8 7 2 17.Authorizing the City Manager the option to execute a professional service agreement amendment to extend any or all of the agreements up to two (2) additional one-year terms after its original term. BACKGROUND AND ANALYSIS: The City has a robust capital improvement program and aging infrastructure that require on-going maintenance. Contract services in the various Public Works disciplines are often required. Depending on the scope of work, the process to retain contract services can take four (4) or more months from the time of proposal solicitation to purchase order issuance, which can belabor project delivery and timely use of restricted funds. In an effort to streamline project delivery and provide readily available contract support, staff issued a Request for Proposals (RFP) for On-Call Professional Services for various disciplines. On March 13, 2024, staff issued a RFP on PlanetBids. On April 24, 2024, at 10:00 a.m., staff received and evaluated thirty-six (36) proposals. The evaluation panel, comprised of Public Works staff, rated the proposals based on their overall qualifications, relevant firm experience, availability, familiarity with the City’s policies, understanding and approach, amongst other factors. Based on the abovementioned factors, the following firms were deemed most qualified. Reference checks and interviews for these firms indicate satisfactory proficiency and experience to provide the requisite services. Among the chosen firms, there are four (4) larger firms capable of covering 90 percent of the advertised disciplines. The remaining twelve (12) firms are either smaller or more specialized. These include expertise in Water and Sewer Infrastructure, Mechanical, Electrical & Plumbing, Land Surveying, Landscape Architecture, Urban Planning and Activation, Structural Engineering and Traffic Engineering. Opting for larger firms allows the City to leverage their extensive resources. Conversely, smaller or specialized firms offer cost-effective solutions and quicker responses for smaller scale projects that may arise. Staff reviewed each firm’s labor and material rate schedule and found them to be consistent with industry standards. The scope and fee for each task will be agreed upon between the City and consultant through a proposal based on the established fee schedule. Proposals in excess of the City Manager’s signing authority will be brought to Council for consideration. Funds for these services will be expended from the applicable budget accounts. Page 4 1 8 7 2 The contract term is three (3) years and the City will have the option to extend the contract for up to two (2) additional one-year terms. The not-to-exceed amount for the On-Call Professional Services agreements range from $200,000 to 500,000 for the three-year original term. Contract extensions will be prorated accordingly. Due to the on-call nature of this agreement, work is not guaranteed to the consultant. These proposed on-call agreements will replace the 2019 agreements, which have reached their maximum term and expired in July 2024. These agreements offer resources and time savings, ensure compliance with City and governmental purchasing codes, and provide flexibility due to their non-committal nature. Staff recommends approval of these on-call agreements based on these considerations. ENVIRONMENTAL IMPACT: The approval of professional services agreements is not subject to California Environmental Quality Act (CEQA). LEGAL ANALYSIS: The City Attorney has reviewed the agreements and approved the resolution as to form. FINANCIAL IMPACT: The approval of the proposed on-call agreements does not directly appropriate or expend funds. Services will be used to the extent of available funding in the applicable budget accounts. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7554: 1. Authorizing the City Manager to execute a professional services agreement with AKM Consulting Engineers, Inc., in the amount of $500,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, 2. Authorizing the City Manager to execute a professional services agreement with Anser Advisory Management, LLC, in the amount of $300,000 to Page 5 1 8 7 2 provide On-Call Professional Engineering Services in Various Disciplines for a three-year term; and, 1. Authorizing the City Manager to execute a professional services agreement with Ardurra Group, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services and Professional Development Services Support for a three-year term; and, 2. Authorizing the City Manager to execute a professional services agreement with AZTEC Engineering Group, Inc., in the amount of $300,000 to provide On-Call Professional Services for a three-year term; and, 3. Authorizing the City Manager to execute a professional services agreement with BKF Engineers, in the amount of $300,000 to provide On-Call Professional Engineering Services of Various Disciplines for a three-year term; and, 4. Authorizing the City Manager to execute a professional services agreement with David Evans and Associates, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, 5. Authorizing the City Manager to execute a professional services agreement with GMU Geotechnical, Inc., in the amount of $300,000 to provide On-Call Professional Engineering Services for a three-year term; and, 6. Authorizing the City Manager to execute a professional services agreement with Iteris, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services - Traffic & Transportation Engineering Services for a three-year term; and, 7. Authorizing the City Manager to execute a professional services agreement with KDM Meridian, in the amount of $200,000 to provide On-Call Professional Surveying Services for a three-year term; and, 8. Authorizing the City Manager to execute a professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $300,000 to provide On-Call Professional Engineering/ Design / Management / Development Support Services for a three-year term; and, 9. Authorizing the City Manager to execute a professional services agreement with NV5, Inc., in the amount of $500,000 to provide On-Call Professional Engineering, Construction Management, Surveying, and Environmental Services for a three-year term; and, 10.Authorizing the City Manager to execute a professional services agreement with Pacific Advanced Civil Engineering, Inc., in the amount of $500,000 to Page 6 1 8 7 2 provide On-Call Professional Engineering Services in Various Disciplines for a three-year term; and, 11.Authorizing the City Manager to execute a professional services agreement with Stantec Consulting Services, Inc., in the amount of $500,000 to provide On-Call Professional Engineering, Architectural, Landscape Architectural, Surveying and Planning Services for a three-year term; and, 12.Authorizing the City Manager to execute a professional services agreement with RDC-S111, Inc. dba Studio One Eleven, in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management and Landscape Architecture and Parks Design Services for a three-year term; and, 13.Authorizing the City Manager to execute a professional services agreement with W.G. Zimmerman Engineering, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, 14.Authorizing the City Manager to execute a professional services agreement with Yao Engineering, Inc., in the amount of $200,000 to provide On-Call Professional Engineering Services for a three-year term; and, 15.Authorizing the City Manager the option to execute a professional service agreement amendment to extend any or all of the agreements up to two (2) additional one-year terms after its original term. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7554 B. Agreement with AKM Consulting Engineers, Inc. C. Agreement with Anser Advisory Management, LLC D. Agreement with Ardurra Group, Inc. E. Agreement with AZTEC Engineering Group, Inc. F. Agreement with BKF Engineers G. Agreement with David Evans and Associates, Inc. H. Agreement with GMU Geotechnical, Inc. I. Agreement with Iteris, Inc. J. Agreement with KDM Meridian K. Agreement with Kimley-Horn and Associates, Inc. Page 7 1 8 7 2 L. Agreement with NV5, Inc. M. Agreement with Pacific Advanced Civil Engineering, Inc. N. Agreement with Stantec Consulting Services, Inc. O. Agreement with RDC-S111, Inc. dba Studio One Eleven P. Agreement with W.G. Zimmerman Engineering, Inc. Q. Agreement with Yao Engineering, Inc. RESOLUTION 7554 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS FOR VARIOUS DISCIPLINES WITH AKM CONSULTING ENGINEERS, INC., ANSER ADVISORY MANAGEMENT, LLC, ARDURRA GROUP, INC., AZTEC ENGINEERING GROUP, INC., BKF ENGINEERS, DAVID EVANS AND ASSOCIATES, INC., GMU GEOTECHNICAL, INC., ITERIS, INC., KDM MERIDIAN, KIMLEY- HORN AND ASSOCIATES, INC., NV5, INC., PACIFIC ADVANCED CIVIL ENGINEERING, INC., STANTEC CONSULTING SERVICES, INC., RDC-S111, INC. DBA STUDIO ONE ELEVEN, W.G. ZIMMERMAN ENGINEERING, INC., AND YAO ENGINEERING, INC. WHEREAS, the City of Seal Beach (“City”) has relied upon professional service firms for professional expertise for certain City operations as well as temporary staff assistance during periods of extraordinary work or during periods when staff positions are vacant; and, WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including, without limitation, architectural services, election services, engineering services, insurance services, legal services, public relations services, real estate services, and solid waste disposal services; and, WHEREAS, on March 13, 2024, the City issued a Requests for Proposals for On- Call Professional Services for Various Disciplines; and, WHEREAS, on April 24, 2024, the City received thirty-six (36) proposals in response to the Requests for Proposal; and, WHEREAS, the City performed a detailed review and evaluation of the proposals and deemed the following firms as the most qualified: 1. AKM Consulting Engineers, Inc. 2. Anser Advisory Management, LLC 3. Ardurra Group, Inc. 4. Aztec Engineering Group, Inc. 5. BKF Engineers 6. David Evans and Associates, Inc. 7. GMU Geotechnical, Inc. 8. Iteris, Inc. 9. KDM Meridian 10.Kimley-Horn and Associates, Inc. 11.NV5, Inc. 12.Pacific Advanced Civil Engineering, Inc. 13.Stantec Consulting Services, Inc. 14.RDC-S111, Inc. dba Studio One Eleven 15.W.G. Zimmerman Engineering, Inc. 16.Yao Engineering, Inc.; and, WHEREAS, City and each consultant wish to enter into an agreement for such consultant to perform professional services as an independent contractor, as provided herein. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and AKM Consulting Engineers, Inc. for On-Call Professional Engineering / Design / Management Services in a not- to-exceed amount of $500,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with AKM Consulting Engineers, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to- exceed amount of $175,000 per one-year extension. Section 2. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and Anser Advisory Management, LLC for On-Call Professional Engineering Services for Various Disciplines in a not- to-exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with Anser Advisory Management, LLC for up to two (2) additional one-year terms, at her discretion, in a not- to-exceed amount of $100,000 per one-year extension. Section 3. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and Ardurra Group, Inc. for On-Call Professional Engineering / Design / Management Services and Professional Development Services Support in a not-to-exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with Ardurra Group, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $100,000 per one-year extension. Section 4. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and Aztec Engineering Group, Inc. for On-Call Professional Engineering / Design / Management Services for Various Disciplines in a not-to-exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with Aztec Engineering Group, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to- exceed amount of $100,000 per one-year extension. Section 5. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and BKF Engineers for On-Call Professional Engineering Services for Various Disciplines in a not-to-exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with BKF Engineers for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $100,000 per one-year extension. Section 6. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and David Evans and Associates, Inc. for On-Call Professional Engineering / Design / Management Services for Various Disciplines in a not-to-exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with David Evans and Associates, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to- exceed amount of $100,000 per one-year extension. Section 7. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and GMU Geotechnical, Inc. for On-Call Professional Engineering Services for Various Disciplines in a not-to-exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with GMU Geotechnical, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $100,000 per one-year extension. Section 8. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and Iteris, Inc. for On-Call Professional Engineering / Design / Management Services - Traffic & Transportation Engineering Services for Various Disciplines in a not-to-exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with Iteris, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $100,000 per one-year extension. Section 9. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and KDM Meridian for On-Call Professional Surveying Services for Various Disciplines in a not-to-exceed amount of $200,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with KDM Meridian for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $75,000 per one-year extension. Section 10. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and Kimley-Horn and Associates, Inc. for On-Call Professional Engineering/ Design/ Management/ Development Support for Various Disciplines in a not-to-exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with Kimley-Horn and Associates, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to- exceed amount of $100,000 per one-year extension. Section 11. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and NV5, Inc. for On-Call Professional Engineering, Construction Management, Surveying, and Environmental Services for Various Disciplines in a not-to-exceed amount of $500,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with NV5, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $175,000 per one-year extension. Section 12. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and Pacific Advanced Civil Engineering, Inc. for On- Call Professional Engineering Services for Various Disciplines in a not-to-exceed amount of $500,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with Pacific Advanced Civil Engineering, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $175,000 per one-year extension. Section 13. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and Stantec Consulting Services, Inc. for On-Call Professional Engineering / Design / Management and Landscape Architecture and Parks Design Services for Various Disciplines in a not-to-exceed amount of $500,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with Stantec Consulting Services, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to- exceed amount of $175,000 per one-year extension. Section 14. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and RDC-S111, Inc. dba Studio One Eleven for On- Call Professional Services for Various Disciplines in a not-to- exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with RDC-S111, Inc. dba Studio One Eleven for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $100,000 per one-year extension. Section 15. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and W.G. Zimmerman Engineering, Inc. for On-Call Professional Engineering / Design / Management Services in a not- to-exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with W.G. Zimmerman Engineering, Inc. for up to two (2) additional one-year terms, at her discretion, in a not- to-exceed amount of $100,000 per one-year extension. Section 16. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and Yao Engineering, Inc. for On-Call Professional Engineering Services in a not-to-exceed amount of $200,000 for the three-year term. B. The City Council hereby authorizes the City Manager to extend the Agreement with Yao Engineering, Inc. for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $75,000 per one-year extension. Section 17. A. The City Council hereby authorizes the City Manager to execute each of the Agreements set forth in Sections 1 through 16, inclusive. B. In the event that the City Manager approves an extension of any of the Agreements set forth in Sections 1 through 16, inclusive, the City Council hereby authorizes the City Manager to execute any such extension on the terms set forth in this Resolution. Section 18. The City Council hereby rejects all other proposals. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of August 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7554 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of August 2024. Gloria D. Harper, City Clerk Agenda Item H AGENDA STAFF REPORT DATE:August 12, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Patrick Gallegos, Assistant City Manager SUBJECT:Approve the Memoranda of Understanding (MOUs) between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association for the period of July 1, 2023 through June 30, 2025 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7555: 1. Approving the Memoranda of Understanding between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association for the period of July 1, 2023 through June 30, 2025; and, 2. Approving Budget Amendment BA #25-02-01 in the amount of $422,496; and, 3. Authorizing the City Manager to execute the Memoranda of Understanding (MOUs) between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association. BACKGROUND AND ANALYSIS: The City of Seal Beach (City), Seal Beach Police Officers Association (SBPOA), and the Seal Beach Police Management Association (SBPMA) met jointly and collectively bargained in good faith and the terms and conditions of a tentative agreement were reached. Based upon such collective bargaining, the City and the SBPOA and the SBPMA drafted a Memorandum for each respective group. The SBPOA and SBPMA have accepted the terms, conditions and provisions set forth in each MOU respectively. Each MOU has a term of July 1, 2023 through June 30, 2025. The Seal Beach Police Officers Association is representative of full-time employees in the following classifications: Page 2 1 8 7 5 1. Police Officer 2. Police Corporal The Seal Beach Police Management Association is representative of full-time employees in the following classifications: 1. Police Sergeant 2. Police Lieutenant 3. Police Captain 4. Police Records Supervisor (non-sworn) Some of the more significant elements of the tentative agreement include: Compensation To help ensure the City is able to recruit and retain a highly qualified police force, POA and PMA members will receive a Cost of Living Adjustment (COLA) as follows: FY 2023-2024: 2.5% COLA Increase FY 2024-2025: 2.5% COLA Increase Non-PERsable (one-time) Payment POA and PMA members will receive a non-persable lump sum payment of $2,000 on the first pay period beginning after the MOU is ratified. In addition, POA and PMA members will receive a non-persable lump sum payment of $2,000 on the first pay period beginning after August 31, 2024. Uniform Allowance POA and PMA members (sworn only) will receive a uniform allowance increase to $1,500 ($1,800 for traffic unit) effective July 1, 2024. Wellness Stipend POA and PMA members will receive an annual $400 lump sum for wellness to be paid beginning in July 2024. STRATEGIC PLAN: This meets the City Council’s strategic goal of attracting, developing, compensating and retaining quality staff. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed this staff report and approved it as to form. Page 3 1 8 7 5 FINANCIAL IMPACT: Budget Amendment BA #25-01-02 will allocate $422,496 from General Fund unassigned fund balance as follows: RECOMMENDATION: That the City Council adopt Resolution 7555: 1. Approving the Memoranda of Understanding between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association for the period of July 1, 2023 through June 30, 2025; and, 2. Approving Budget Amendment BA #25-02-01 in the amount of $422,496; and, 3. Authorizing the City Manager to execute the Memoranda of Understanding (MOUs) between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association. SUBMITTED BY: NOTED AND APPROVED: Patrick Gallegos Jill R. Ingram Patrick Gallegos, Assistant City Manager Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7555 B. Exhibit A – PMA Memorandum of Understanding (clean) C. Exhibit B – POA Memorandum of Understanding (clean) D. Exhibit C – PMA Memorandum of Understanding (redline) E. Exhibit D - POA Memorandum of Understanding (redline) Description Account Revised/Adopte d Budget Proposed Budget Budget (diff) Amendment Salaries 101-210-0022-50010 $ 5,388,130 $ 5,597,083 $ 208,953 MOU Stipend 101-210-0021-50609 $ - $ 4,162 $ 4,162 MOU Stipend 101-210-0022-50609 $ - $ 153,996 $ 153,996 MOU Stipend 101-210-0023-50609 $ - $ 4,162 $ 4,162 Uniform Allowance 101-210-0022-50150 $ 45,570 $ 55,194 $ 9,624 Court - Overtime 101-210-0022-50050 $ 372,352 $ 381,951 $ 9,599 Health and Wellness Program 101-210-0023-50220 $ - $ 32,000 $ 32,000 Total Budget Adjustment $ 422,496 RESOLUTION 7555 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEMORANDA OF UNDERSTANDING (MOUs) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION (PMA) AND THE SEAL BEACH POLICE OFFICERS ASSOCIATION (POA), AND ENUMERATING CLASSIFICATION AND COMPENSATION AS OF JULY 1, 2023. WHEREAS, the City and the Seal Beach Police Management Association and the Seal Beach Police Officers Association met jointly and collectively bargained in good faith and reached an agreement; and WHEREAS, the City Council gave authority to the City Manager to place the proposed MOUs on the agenda of the meeting of August 12, 2024 for City Council action; and WHEREAS, the contracts between the City and the Associations are for the time period of July 1, 2023 – June 30, 2025. WHEREAS, Budget Amendment BA #25-01-02 will allocate $422,496 from General Fund unassigned fund balance as follows: NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Memoranda of Understanding (MOUs) between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of August 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Description Account Revised/Adopte d Budget Proposed Budget Budget (diff) Amendment Salaries 101-210-0022-50010 $ 5,388,130 $ 5,597,083 $ 208,953 MOU Stipend 101-210-0021-50609 $ - $ 4,162 $ 4,162 MOU Stipend 101-210-0022-50609 $ - $ 153,996 $ 153,996 MOU Stipend 101-210-0023-50609 $ - $ 4,162 $ 4,162 Uniform Allowance 101-210-0022-50150 $ 45,570 $ 55,194 $ 9,624 Court - Overtime 101-210-0022-50050 $ 372,352 $ 381,951 $ 9,599 Health and Wellness Program 101-210-0023-50220 $ - $ 32,000 $ 32,000 Total Budget Adjustment $ 422,496 Schelly Sustarsic, Mayor ATTEST: Gloria Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7555 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 12th of August 2024. Gloria Harper, City Clerk 12511055.8 SE010-039 9 3 7 5 SEAL BEACH POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING Resolution 7555 - Exhibit A ADOPTED: August 12, 2024 EXPIRES: June 30, 2025 212511055.8 SE010-039 SEAL BEACH POLICE MANAGEMENT ASSOCIATION TABLE OF CONTENTS ARTICLE 1. TERM OF AGREEMENT ......................................................1 Section 1. …..............................................................................................1 Section 2. .................................................................................................1 ARTICLE 2. RECOGNITION AND MEMBERSHIP ...................................1 Section 1..................................................................................................1 Section 2..................................................................................................1 Section 3..................................................................................................1 ARTICLE 3. SALARIES ............................................................................2 Section 1. ..................................................................................................2 Section 2. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding .................................................................... 2 ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES ..............................2 Section 1. ..................................................................................................2 Section 2. ..................................................................................................3 ARTICLE 5. INDEMNIFICATION ..............................................................3 ARTICLE 6. CITY RIGHTS ........................................................................3 Section 1. ..................................................................................................3 Section 2. ..................................................................................................4 ARTICLE 7. COMPENSATION PLAN .....................................................4 Section 1. ..................................................................................................4 Section 2. ..................................................................................................4 Section 3. ..................................................................................................4 Section 4. ..................................................................................................4 ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES ..............................................................................5 Section 1. ..................................................................................................5 Section 2. ..................................................................................................5 Section 3. ..................................................................................................5 Section 4. ..................................................................................................5 ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION............5 Section 1. ..................................................................................................5 Section 2. ..................................................................................................5 ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION ...........5 312511055.8 SE010-039 ARTICLE 11. ADJUSTMENT OF SALARY GRADES ..............................6 ARTICLE 12. SALARY AND BENEFITS SUSPENSION ..........................6 ARTICLE 13. SPECIAL PAY PROVISIONS .............................................6 Section 1. Uniform Allowance ....................................................................6 Section 2. Safety Equipment ......................................................................6 Section 3. Temporary Assignment Pay .......................................................6 Section 4. Deferred Comp …………………………………………………… 7 ARTICLE 14. COURT TIME ......................................................................7 Section 1...................................................................................................7 Section 2...................................................................................................7 Section 3...................................................................................................7 ARTICLE 15. CALL-BACK .......................................................................8 Section 1. ..................................................................................................8 Section 2. ..................................................................................................8 ARTICLE 16. STAND-BY PAY..................................................................8 Section 1. ..................................................................................................8 Section 2. ..................................................................................................8 Section 3 ……………………………………………………………………….8 ARTICLE 17. MOVIE DETAIL ...................................................................9 Section 1. ................................................................................................9 ARTICLE 18. EXPERIENCE PAY .............................................................9 Section 1. ................................................................................................9 Section 2. ................................................................................................9 Section 3. ................................................................................................9 Section 4. ................................................................................................9 Section 5. ................................................................................................9 Section 6. ..............................................................................................10 Section 7. ..............................................................................................10 Section 8. ..............................................................................................10 Section 9. ..............................................................................................10 ARTICLE 19. EDUCATION INCENTIVE PAY.........................................10 Section 1...............................................................................................11 Section 2...............................................................................................11 Section 3...............................................................................................11 Section 4...............................................................................................11 Section 5...............................................................................................11 Section 6...............................................................................................11 Section 7...............................................................................................11 412511055.8 SE010-039 ARTICLE 20. TUITION REIMBURSEMENT ...........................................11 Section 1. ……………………………………………………………………..11 ARTICLE 21. PHYSICAL FITNESS PROGRAM ....................................12 ARTICLE 22. TRAINING PROGRAMS ...................................................13 Section 1. ...............................................................................................13 Section 2. ...............................................................................................13 ARTICLE 23. HOLIDAYS ........................................................................13 Section 1................................................................................................13 Section 2................................................................................................13 Section 3................................................................................................14 Section 4................................................................................................15 ARTICLE 24. FRINGE BENEFIT ADMINISTRATION ............................16 ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING .............16 ARTICLE 26. FRINGE BENEFIT LIMITS ................................................16 Section 1..……. ......................................................................................16 Section 2. ................................................................................................16 ARTICLE 27. FRINGE BENEFIT CHANGES..........................................16 ARTICLE 28. HEALTH CARE COVERAGE ...........................................16 Section 1. Health Care Coverage .............................................................16 Section 2. Health Insurance Plan for Retirees ...........................................17 ARTICLE 29. LIFE INSURANCE ............................................................18 ARTICLE 30. DISABILITY INSURANCE PLAN .....................................18 ARTICLE 31. SECTION 125 PLAN .........................................................19 ARTICLE 32. ANNUAL PHYSICAL ........................................................19 ARTICLE 33. RETIREMENT ...................................................................19 Section 1. ................................................................................................20 Section 2. ……………………………………………………………………...20 ARTICLE 34. HOURS OF WORK – WORK PERIOD .............................20 Section 1. Work Period .............................................................................20 Section 2. Three-Twelve Work Schedule...................................................20 Section 3. Reporting to California Public Employees’ Retirement System (PERS) ....................................................................................................20 512511055.8 SE010-039 ARTICLE 35. OVERTIME COMPENSATION .........................................20 Section 1. Overtime Defined ....................................................................20 Section 2. Compensation for Overtime ....................................................21 Section 3. Compensatory Time ................................................................21 Section 4. Approval for Overtime .............................................................21 ARTICLE 36. VACATION ........................................................................21 Section 1. Eligibility ..................................................................................21 Section 2. Accrual ....................................................................................22 Section 3. Maximum Accrual....................................................................22 Section 4. Use of Vacation .......................................................................23 Section 5. Vacation Payment at Termination ...........................................23 Section 6. Vacation Accrual During Leave of Absence ............................23 Section 7. Prohibition Against Working for City During Vacation ..............24 ARTICLE 37. LEAVE OF ABSENCE ......................................................24 Section 1. ………………………………………………………………………24 ARTICLE 38. UNAUTHORIZED ABSENCE ...........................................24 ARTICLE 39. BEREAVEMENT LEAVE ..................................................24 Section 1. ………………………………………………………………………24 ARTICLE 40. MILITARY LEAVE OF ABSENCE ....................................25 Section 1. ................................................................................................25 Section 2. ................................................................................................25 ARTICLE 41. INTENTIONALLY LEFT BLANK …………………………. 25 ARTICLE 42. JURY DUTY ......................................................................25 Section 1. ………………………………………………………………………25 ARTICLE 43. SICK LEAVE .....................................................................26 Section 1. Accrual - Sworn Positions .........................................................26 Section 2. Sick Leave During Vacation ....................................................27 Section 3. Extended Sick Leave ..............................................................27 Section 4. General Sick Leave Provisions ...............................................27 Section 5. Fitness for Duty .......................................................................27 Section 6. Accrual and Payment-Non-Sworn Positions…………………..27 Section 7. ………………………………………………………………………28 ARTICLE 44. CATASTROPHIC LEAVE .................................................28 Section 1. Establishment..........................................................................28 612511055.8 SE010-039 Section 2. Purpose ..................................................................................28 ARTICLE 45. FAMILY LEAVE (FMLA/CFRA) ........................................29 ARTICLE 46. ON-THE-JOB INJURY ......................................................29 ARTICLE 47. OFF-THE-JOB INJURY ....................................................29 ARTICLE 48. PERSONNEL RULES AND REGULATIONS ...................29 Section 1. .................................................................................................29 Section 2. .................................................................................................29 ARTICLE 49. PROBATIONARY PERIODS ............................................29 Section 1. ................................................................................................29 Section 2. Objective of Probationary Period. ...........................................30 Section 3. Employee Performance Appraisal...........................................30 Section 4. Rejection of Probationary Employee .......................................30 ARTICLE 50. LAYOFF PROCEDURES ..................................................31 ARTICLE 51. MOU REOPENERS...........................................................31 Section 1. ………………………………………………………………………31 ARTICLE 52. INTENTIONALLY LEFT BLANK…………………………… 31 ARTICLE 53. NO STRIKE - NO LOCKOUT............................................31 Section 1.................................................................................................31 Section 2.................................................................................................31 Section 3.................................................................................................31 Section 4.................................................................................................31 ARTICLE 54. EMERGENCY WAIVER PROVISION ...............................31 Section 1. …………………………………………………………………….. 31 ARTICLE 55. SEPARABILITY PROVISION ........................................... 32 Section 1. ……………………………………………………………………….32 ARTICLE 56. SAVINGS CLAUSE...........................................................32 Section 1. ……………………………………………………………………… 32 ARTICLE 57. RATIFICATION .................................................................32 EXHIBIT A…..…………………………………………………………………..33 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND SEAL BEACH POLICE MANAGEMENT ASSOCIATION The duly authorized representatives of the City of Seal Beach (hereinafter referred to as “City”) and the SEAL BEACH POLICE MANAGEMENT ASSOCIATION (hereinafter referred to as "Association”), having met and conferred in good faith concerning the issues of wages, hours and other terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding (MOU). The terms and conditions set forth in this MOU shall be of no force and effect unless and until this MOU is approved and adopted by the City Council of the City of Seal Beach. Unless otherwise specifically provided for herein, whenever a compensation change is indicated as occurring effective upon City Council adoption of this MOU, the compensation change shall commence during the first payroll period commencing after the Council adoption of this MOU. ARTICLE 1. TERM OF AGREEMENT Section 1. The term and effective date of this memorandum shall be July 1, 2023 through and including June 30, 2025. Section 2. The Agreement may be extended beyond June 30, 2025 if both parties concur in writing. ARTICLE 2. RECOGNITION AND MEMBERSHIP Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance No. 769, as amended, the City has recognized, for the purposes of this Memorandum of Understanding, the SEAL BEACH POLICE MANAGEMENT ASSOCIATION as the majority representative of the employees in the bargaining unit, which includes Police Department full-time employees in the safety classifications and assignments of Police Sergeant, Police Captain and Police Lieutenant. Section 2. The City recognizes the Association as the representative of the employees in the classifications and assignments set forth in Section 1 above for the purpose of meeting its obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act, Government Code Section 3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or other terms and conditions of employment are amended or changed. Section 3. The City agrees that the representatives of the Association, not to exceed six (6) in number, shall be entitled to meet and confer with Management 2 during said representatives’ normal working hours without suffering any loss in pay while absent from their duties for such purpose, providing that such time per person shall not be unreasonable. The City also agrees that such representatives may utilize not more than six (6) hours per month or seventy-two (72) hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are represented by the Association and/or other officers of the Association. ARTICLE 3. SALARIES Section 1. The following monthly base salary grade increases shall be provided to employees occupying all classifications represented by the Association. The monthly base salary increases shall be effective during the first full pay period in July of the following indicated years 1) Effective the first full pay period beginning after July 1, 2023 Position Grade Increases Police Records Supervisor 28 2.5% Police Sergeant 37 2.5% Police Lieutenant 41 2.5% Police Captain 44 2.5% 2) Effective the first full pay period beginning after 1 July 1, 2024 Position Grade Increases Police Records Supervisor 28 2.5% Police Sergeant 37 2.5% Police Lieutenant 41 2.5% Police Captain 44 2.5% Section 2. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding The City shall make two (2) Non-PERSable lump sum payments of $2,000 each (subject to applicable withholdings) on the following dates, to each bargaining unit members employed by the City on the date the payments are made. Payments will be made on the following dates: a.On the date that payroll is paid for the first pay period beginning after this MOU is ratified by both the City Council and the membership of the PMA; and b.On the date that payroll is paid for the first pay period beginning after August 31, 2024. ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES Section 1. The City will provide voluntary payroll deductions for all employees represented by the Association for regular and periodic dues and benefit program premiums. The Association shall certify to the City the names of employees who have authorized membership dues deductions, any employee who declines 3 membership in the Association, and the amounts of dues deductions as they change from time to time. Section 2. The City shall remit such funds to the Association within twenty-one (21) calendar days following the deductions. ARTICLE 5. INDEMNIFICATION The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to Article 4. ARTICLE 6. CITY RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The City may exercise its management rights unilaterally without the obligation of meet and confer on the decision to exercise such rights. However, the City shall meet and confer on the impact and effects thereof pursuant to Section 2 of this Article. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law shall include, but not be limited to, the following rights: a) To manage the City generally and to determine the issue of policy; b) To determine the existence or nonexistence of facts which are the basis of the Management decision; c) To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services; d) To determine the nature, manner, means and technology and extent of services to be provided to the public; e) To determine the methods of financing; f) To determine the types of equipment or technology to be used; g) To determine and/or change the facilities, methods, technological means, and size of the work force by which the city operations are to be conducted; h) To determine and change the number of locations, relocations and type of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract or subcontract any work or operation of the City; i) To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; j) To establish and modify productivity and performance programs and standards; k) To relieve employees from duties for lack of work, or funds, or similar non- disciplinary reasons; l) To discharge, suspend. demote, or otherwise discipline employees for 4 proper cause; m) To determine job classification and to reclassify employees; n) To hire, transfer, promote and demote employees for disciplinary and non- disciplinary reasons; o) To determine and administer policies, procedures and standards for selection, training, and promotion of employees; p) To establish employee performance standards including but not limited to, qualifications and quantity standards and to require compliance therewith; q) To maintain order and efficiency in its facilities and operations; r) To establish and promulgate and/or modify Rules and Regulations to maintain order and safety in the City which are not in contravention of this MOU; s) To take any and all necessary actions to carry out the mission of the City in emergencies. Section 2. Except in emergencies or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of Management's rights shall impact on employees represented by the Association, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this MOU or in the Personnel Rules and Regulations, Safety Resolutions and Municipal Code which are incorporated herein by reference in this MOU. By agreeing to meet and confer with the Association as to the impact and exercise of any of the foregoing City rights, Management’s discretion in the exercise of these rights shall not be diminished. ARTICLE 7. COMPENSATION PLAN Section 1. All employees covered by this Memorandum of Understanding shall be included under the Basic Compensation Plan. Every classification under this plan shall be assigned a monthly base salary grade adopted by the City Council. The salary schedule shall consist of five (5) steps within each grade. Section 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than normal entering salary step within the assigned grade upon the recommendation of the Chief of Police and approval of the City Manager when it is decided that such action is in the best interest of the City. Section 3. The second step in the monthly base salary grade is a merit adjustment which may be given at the end of six (6) months of employment subject to the recommendation of the Chief of Police and approval of the City Manager. Section 4. The third, fourth, and fifth steps are merit adjustments to encourage an employee to improve his/her work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of one (1) year of service at the preceding step. Each adjustment may be made subject to the recommendation of the Chief of Police and approval of the City Manager. 5 ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES Section 1. In order to properly compensate an employee, advancement in salary shall be based on merit. Section 2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. Section 3. The Chief of Police and/or the employees’ immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Chief of Police and approval of the City Manager. Section 4. An employee must be reviewed at least once every twelve (12) months from the effective date of his/her last performance step increase, special performance advancement or promotion. Nothing contained herein shall restrict the Chief of Police from denying the increase after evaluation, nor shall it prevent him/her from recommending special performance advancement in monthly base salary at any time when unusual or outstanding achievement has been demonstrated. ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION Section 1. Promotional Appointment – When an employee is promoted to a position with a higher monthly base salary grade, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received prior to promotion. Section 2. Temporary Appointment – In special circumstances, when in the best interest of the City, the City Manager may approve a temporary assignment of an employee to a higher-level classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to the temporary appointment. ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION In the case of a demotion of any employee represented by the Association to a classification with a lower maximum salary, such employee shall be assigned to the appropriate monthly base salary step in the new classification as recommended by the Chief of Police and approved by the City Manager. The employee shall retain his/her previous anniversary date. 6 ARTICLE 11. ADJUSTMENT OF SALARY GRADES When a salary grade for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing monthly base salary adjusted to the same step in the new monthly base salary grade and their anniversary date shall not be changed. For example, an employee at “C” Step in the old salary grade shall be placed at “C” step of the new salary grade. ARTICLE 12. SALARY AND BENEFITS SUSPENSION During suspension from City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he/she shall not forfeit his/her medical health plans including dental, disability insurance, or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits for any portion of the suspension that is disapproved. ARTICLE 13. SPECIAL PAY PROVISIONS Section 1. Uniform Allowance – Whether or not said sworn employee wears a traditional uniform, each sworn employee shall receive an annual uniform allowance of one thousand three hundred dollars ($1,300). The civilian position of Police Records Supervisor shall receive an annual uniform allowance of four hundred dollars ($400). Beginning July 1, 2024, a sworn employee, whether or not said sworn employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand five hundred dollars ($1,500) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of three hundred dollars ($300) effective the first payroll period following July 1st of each fiscal year. The civilian position of Police Records Supervisor shall continue to receive an annual uniform allowance of four hundred dollars ($400). Section 2. Safety Equipment – The City shall provide the initial issue of uniforms to include two (2) pants and two (2) shirts and, for sworn employees utility equipment to include weapon, safety helmet, baton, and other safety equipment as required by law or deemed necessary by the City. The City shall replace and/or repair any equipment damaged within the course and scope of the employees’ employment. Recurring maintenance, repair, and/or replacement due to normal wear shall be responsibility of the employee. Section 3. Temporary Assignment Pay A. The City shall provide a special assignment pay enhancement, which recognizes multiple tours of duty to a maximum of five percent (5%) of base salary as follows with the express understanding that the standard departmental rotational requirements shall apply: 7 1. Special assignment pay may only be paid for one position and cannot be combined with any other positions (i.e. a detective currently assigned to the SWAT team will only receive a total of five percent (5%) of base salary special assignment pay at any one time. 2. Special assignment pay lasts only through the term of the assignment. 3. The following list of assignments shall be considered special assignments: a) Motorcycle Patrol Premium b) Special Weapons and Tactics (SWAT) c) Crisis Negotiator Team (CNT) d) Detective Division Premium e) Police Administrative Officer f) Detention Services Premium g) Rangemaster Premium Section 4. Deferred Compensation 1. The City contributes twenty dollars ($20) per payroll period into a deferred compensation program for the Police Records Supervisor position. ARTICLE 14. COURT TIME Section 1. An employee called for a subpoenaed court appearance which arises out of the course of his/her employment and not contiguous with his/her work shift shall be compensated for a minimum of two and two-thirds (2-2/3) hours at the rate of one and one-half (1-1/2) times the employee’s base hourly rate of pay. Should the appearance exceed two and two-thirds (2-2/3) hours, an FLSA exempt employee shall receive pay for the actual appearance time, excluding any court designated lunch period, at the rate of one and one-half (1-1/2) times the employee’s regular hourly rate of pay. Should the appearance exceed two and two- thirds (2-2/3) hours, a non-FLSA exempt employee shall receive pay for the actual appearance time, including any court designated lunch period, at the rate of one and one-half (1-1/2) times the employee’s regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police station to go directly to Court. Section 2. Any appearance that is contiguous with a regular work shift is not subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is contiguous with a regular work shift is not subject to the one and one-half (1-1/2) time rate unless the court appearance otherwise qualifies as overtime under this MOU. Section 3. All employees agree to comply with the “on-call” policies administered by the Department. Should an officer be placed “on-call” during off duty hours for court appearance(s), he/she shall be granted two (2) hours pay at the employee’s base hourly rate of pay for any “on-call” time prior to twelve o’clock (12:00) noon and two (2) hours for all “on-call” time after twelve o’clock (12:00) noon. 8 ARTICLE 15. CALL-BACK Section 1. Employees who are called back to duty after having completed a normal shift or work day assignment and departed from the work premises shall be paid one and one-half (1-1/2) times the employee’s base hourly rate of pay for each hour worked on call-back. The number of hours calculated at one-and-one- half (1-1/2) times shall not be less than four (4) hours. Should a call-back exceed four (4) hours, the employee shall receive pay for the actual call-back time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Call- back time shall commence from the time the employee is called back to service. Section 2. Employees who are off duty and respond for departmental training, qualification or meetings shall be compensated a minimum of two and two-thirds (2-2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the incident exceed two and two-thirds (2-2/3) hours, the employee shall receive pay for the actual incident time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. ARTICLE 16. STAND-BY PAY Section 1. Police Sergeant(s) and Lieutenants may be assigned by the Chief of Police to “stand-by” status. Section 2. Police Sergeants and Lieutenants required to be on stand-by shall be eligible to accrue up to a maximum of eight (8) hours of stand-by leave per month, subject to the following limitations. During any such month when an employee is required to be on stand-by for less than the entire month, the maximum number of stand-by leave hours accrued shall be reduced in an amount reflecting the pro-rated monthly time during which said employee is expected to be “on stand-by.” Such stand-by leave hours shall be maintained in the employees’ Stand-by Leave banks. The parties encourage employees to use their stand-by leave within two (2) months after it is accrued. The employees may not have an accumulated balance of more than twenty-four (24) hours of stand-by leave at any time. If an employee’s stand-by leave balance reaches twenty-four (24) hours, his/her accrual of stand-by leave shall cease. The employee’s accrual of stand-by leave shall not begin again until the employee's accumulated stand-by leave balance falls below twenty-four (24) hours. Section 3. Police Captains shall be eligible to accrue up to a maximum of ninety-six (96) hours of administrative leave on July 1st of each year, subject to the following limitations. Such administrative leave hours shall be maintained in the employees’ Administrative Leave banks. The parties encourage employees to use their administrative leave during the fiscal year (July 1st through June 30th) in which it is accrued. An employee may not have more than ninety-six (96) hours of administrative leave on the books at any time. If an employee does not use all of his/her administrative leave within the fiscal year in which the employee accrued it, he/she will not accrue the maximum number of administrative 9 leave hours in the next fiscal year. Instead, the employee will only earn that number of administrative leave hours, on July 1st of each year that will bring the employee’s balance of administrative leave hours up to the maximum number. Because administrative leave cannot be removed from an employee once earned, and the parties do not want employees to have more administrative leave on the books than would be received within the current fiscal year, any hours of administrative leave carried over at the end of the fiscal year results in the employee being unable to accrue that same amount of administrative leave in the next fiscal year. Thus, for example, if an employee uses only eighty (80) hours of administrative leave during a fiscal year and carries over sixteen (16) hours of administrative leave to the next fiscal year, that employee will only accrue eighty (80) hours of administrative leave on July 1st, bringing the employee’s administrative leave balance, on July 1st, up to the ninety-six (96) hours maximum. ARTICLE 17. MOVIE DETAIL Section 1. FLSA exempt employees shall be paid seventy dollars ($70) per hour for outside movie details. Non-FLSA exempt unit employees shall be paid 1.5 times their regular rate of pay for outside movie details. It is understood that time spent on movie detail is brokered outside work and is not considered time worked for the purpose of calculation City overtime compensation. ARTICLE 18. EXPERIENCE PAY For Employees Hired On or Before June 30, 2010: Section 1. Employees represented by the Association with years of full- time service as a sworn peace officer with a Municipal, County, or State Police agency meeting Police Officer Standards and Training (P.O.S.T.) standards, or their equivalent, shall be eligible to receive experience pay as set out below. Section 2. Experience pay – Ten (10) Years of Service – At ten (10) years of service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee’s monthly base salary. Section 3. Experience pay – Twenty (20) Years of Service – At twenty (20) years of qualifying service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary. Section 4. Experience pay -- Twenty-five (25) Years of City of Seal Beach Service – At twenty-five (25) years of City of Seal Beach Service (only service with the City of Seal Beach shall apply), experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary. Section 5. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such 10 an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time. For Employees Hired On or After July 1, 2010: Section 6. Employees represented by the Association with years of full-time service as a sworn peace officer with the City of Seal Beach shall be eligible to receive experience pay as set out below. Section 7. Experience pay shall be as follows: A. At ten (10) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary. B. At twenty (20) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary. C. At twenty-five (25) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary. Section 8. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time. Section 9. For Non-Sworn Employees: Non-sworn employees represented by the Association with ten (10) years or more of consecutive Seal Beach service shall be eligible to receive experience pay under only Section 2, above. Section 3, 4, and 7 do not apply to non-sworn employees represented by the Association. ARTICLE 19. EDUCATION INCENTIVE PAY Section 1. Forty-five (45) Semester Units of College Credits – Employees covered by this Article who have completed forty-five (45) semester units of credit from an accredited college or university with at least sixteen (16) units in the field of Police Science shall receive three hundred dollars ($300) per month in addition to his/her monthly base salary. This Article is only applicable to sworn employees in the bargaining unit represented by the Association. Non-sworn employees represented by the Association are not eligible for Education Incentive Pay. 11 Section 2. Sixty (60) Semester Units of College Credits or Intermediate P.O.S.T. Certification - Employees covered by this Article who have completed sixty (60) semester units of credit from an accredited college or university with at least nineteen (19) units in the field of Police Science or have attained a P.O.S.T. Intermediate Certificate shall receive four hundred dollars ($400) per month in addition to his/her monthly base salary. Section 3. Bachelor of Arts/Bachelor of Science (BA/BS) Degree or Advanced P.O.S.T. Certification - Employees covered by this Article who have completed BA/BS Degree from an accredited college or university with at least twenty-two (22) units in the field of Police Science or have attained a P.O.S.T. Advanced Certificate shall receive five hundred dollars ($500) per month in addition to his/her monthly base salary. Section 4. The Education Incentive payment compensation shall be based on achievements over and above the job requirements established in the position classification plan for each classification. Payment to employees shall be based on the highest achievement level only; e.g., employees with an Associate’s and Bachelor's degree will receive compensation for the Bachelor's degree only. Section 5. Employees receiving Educational Incentive pay shall not lose that pay if he/she is promoted to a classification which required the education for which the employee is receiving the additional pay. If the minimum educational requirements are lawfully changed during the term of the MOU, employees receiving educational incentive pay will not be affected by such change and will not result in any loss of such incentive pay. Section 6. All payments under this Article are subject to verification and approval by the City Manager. ARTICLE 20. TUITION REIMBURSEMENT Section 1. Tuition Reimbursement A. Higher Education Degree Programs - Unit members attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to two (2) semesters of full- time, undergraduate enrollment. Reimbursement is contingent upon the successful completion of the course. For any course that could be taken for a letter grade, it must be taken for a letter grade and successful completion means a grade of “C” or better for 12 undergraduate courses and a grade of “B” or better for graduate courses. For any course that can only be taken for a grade of “credit” or “no-credit”, successful completion means a grade of “credit”. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T. courses attended on duty. Example 1: Officer A attends California State University, Long Beach, for the Spring 2024 semester and completes two (2) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows: 2023-2024 State University Tuition $ 1,764.00 (0-6 units) Required University Fees $ 647.00 (approx.) Parking $ 300.00 Books $ 535.00 (approx.) TOTAL $ 3,246.00 Example 2: Officer B attends California State University, Long Beach, for the Spring 2024 semester and completes three (3) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows: 2023-2024 State University Tuition $ 3,042.00 (6.1 or more units) Required University Fees $ 647.00 (approx.) Parking $ 300.00 Books $ 535.00 (approx.) TOTAL $ 4,524.00 B. Professional Conventions and Conferences - Unit members who attend job related conventions and conferences that are not sponsored by the Department may submit for reimbursement under the tuition reimbursement program for the cost of enrollment. Attendance of conventions and conferences must be job related and pre- approved by the Chief of Police. The cost of travel, sustenance, and lodging is not reimbursable under tuition reimbursement per IRS Publication 970. ARTICLE 21. PHYSICAL FITNESS AND HEALTH WELLNESS PROGRAMS The physical fitness program is a voluntary program for all sworn officers utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU. Beginning July 2024, the City shall reimburse all unit employees, as a medical benefit, for the Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year, subject to the City’s normal reimbursement processes and requirements for such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. 13 ARTICLE 22. TRAINING PROGRAMS Section 1. The City shall pay reasonable expenses incurred by employees attending approved training programs. Expenses include registration fees and the costs of purchasing required course materials, travel to and from the training course, meals and lodging shall be reimbursed per the City’s adopted Per Diem policy. Section 2. When an employee is sent by the City to a training program which is not a part of his/her regular work schedule, the employee shall receive eight (8) hours pay for each full day of training and such eight (8) hours pay shall be credited towards the computation of overtime. ARTICLE 23. HOLIDAYS Section 1. Recognized Holidays The City will recognize the following designated holidays each fiscal year: Independence Day (July 4th) Labor Day (1st Monday in September) Veterans’ Day (November 11) Thanksgiving Day (4th Thursday in November) Christmas Eve (December 24th) Christmas Day (December 25th) New Year’s Day (January 1st) Martin Luther King Day (3rd Monday in January) Presidents’ Day (3rd Monday in February) Section 2. Memorial Day Floating Holidays (Last Monday in May) The City will also recognize two (2) floating holidays each fiscal year for sworn employees in the bargaining unit. The City will also recognize one (1) floating holiday each fiscal year for non-sworn employees in the bargaining unit. Each unit sworn employee shall be eligible to accrue up to a maximum of two (2) floating holidays on July 1st of each year, subject to the following limitations. non-sworn employee shall be eligible to accrue up to a maximum of one (1) floating holiday on July 1st of each year, subject to the following limitations. The floating holidays shall be taken, or cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued. A sworn employee may not have more than two (2) floating holidays on the books at any time. A non-sworn employee may not have more than one (1) floating holiday on the books at any time. If an employee does not use, or cash out, all of his/her floating holidays within the fiscal year in which the employee accrued them, he/she will not earn the maximum number of additional floating holidays in the next fiscal year. Instead, the employee will only earn that number of floating holidays, on July 1st of each year that will bring the employee’s balance of floating holidays up to the maximum number. Thus, for example, if a sworn employee uses, or cashes out, only one floating holiday during a fiscal year, that sworn employee will only accrue one additional floating holiday on July 1st of the 14 following fiscal year, bringing the sworn employee’s floating holiday balance up to two (2) floating holidays. The parties encourage employees in the unit to use their floating holidays. Since floating holidays cannot be removed from an employee once earned, and the parties do not want employees to have more floating holidays on the books than would be received within the current fiscal year, a floating holiday(s) carried over at the end of the fiscal year results in the employee being unable to earn that holiday(s) in the next fiscal year. The date on which a floating holiday will be used may be individually selected by the employee subject to the approval of the Chief of Police. Approval will not normally be granted if it would require the Department to backfill the employee’s position at time-and- one-half to maintain necessary staffing/deployment levels. A floating holiday cannot be used on any of the designated holidays recognized by the City or on another floating holiday. To request to use, or cash out, a floating holiday, an employee must submit a completed “Request for leave/overtime and special pay report”. Beginning in December 2024 , and each December thereafter, floating holidays may be cashed out only pursuant to the irrevocable election process described in Article 36, Vacation. The past practice of the City in permitting the stacking of floating holidays is specifically eliminated by the above language. Section 3. Compensation for Holidays A. Compensation for a Holiday when No Work is Performed on a Holiday. When a holiday falls on a day that a sworn employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. When a holiday falls on a day that a non-sworn employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid ten (10) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. The “regular rate of pay”, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, longevity, POST, temporary assignment, standby, bilingual, shift differential, cafeteria cash in-lieu (including any cash payments for opting out) and City contribution to 457 plan. To the extent that the parties omitted from the list above any elements of the FLSA regular rate, the parties shall promptly meet and confer for the purpose of amending the list of included items to replicate the FLSA regular rate. The parties’ intent of creating the list above in this MOU is to comply with CalPERS requirements, not to change the manner of paying holiday pay. B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday falls on a day that a sworn employee performs work (whether the day is the employee’s scheduled work day or not), the employee shall be paid as follows: 1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid “hardship” pay as follows: 15 a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours, and c. Pay for the number of hours of work the employee actually performed on the holiday, at the employee’s base hourly rate of pay. Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn pay computed as follows: Hours Pay Rate 12.33 hours holiday pay regular hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU 6 hours hardship pay base hourly rate 2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid: a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay as per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours. Example 2: Officer B works eight (8) hours on Veterans’ Day. Officer B would earn pay computed as follows: Hours Pay Rate 12.33 hours holiday pay regular hourly rate 8 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU C. The past practice of the City paying hardship holiday pay to an employee on a designated hardship holiday when in fact said employee did not work on the designated hardship holiday is specifically eliminated by the above language. Section 4. Conversion of Hardship Pay to Time Off An employee may choose to convert any hardship pay to time off or non- FLSA compensatory time at the rate of one hour of hardship pay converting to one hour of time off or to one hour of non-FLSA compensatory time. 16 ARTICLE 24. FRINGE BENEFIT ADMINISTRATION The City reserves the right to select the insurance carrier or administer any fringe benefit program that now exist or may exist in the future during the term of this MOU, unless otherwise specified within this MOU. Any changes in benefits associated with a change in insurance carrier or administrator may only be accomplished during the term of the MOU by agreement of the parties, except in cases of emergency. In an emergency, the City may make a change in order to avoid loss of coverage for employees, and subsequently negotiate effects. ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of the MOU, provided that the benefits of the employees and affected retirees shall be no less than those in existence as of implementation of this MOU. ARTICLE 26. FRINGE BENEFIT LIMITS Section 1. City shall not pay premium or accrue any fringe benefits afforded with this MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive calendar days, unless specifically provided for within this MOU, authorized by the City Manager, or otherwise provided for by federal or state “Family Leave Acts” and/or “Workers’ Compensation” requirements. Section 2. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee who has been absent without authorization during said month, suspended without pay, or who has terminated from City employment unless specifically provided for within this MOU. ARTICLE 27. FRINGE BENEFIT CHANGES If, during the term of this MOU, any changes of insurance carrier or method of funding for any benefit provided hereunder is contemplated, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage. ARTICLE 28. HEALTH CARE COVERAGE Section 1. Health Care Coverage A. “Health Care Coverage” The City shall contribute an equal amount towards the cost of Health Care coverage under PEMHCA for both active sworn employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the minimum contribution amount established by CalPERS on an annual basis. Effective January 1st, 2024 the City’s contribution under PEMHCA shall be one hundred fifty seven dollars ($157). 17 Beginning January 1, 2024 the monthly flex dollar allowance shall be: A portion of the flex dollar allowance ($157 in 2024) is identified as the City’s contribution towards PEMHCA. The PEMHCA contribution will be subject to change as the PEMHCA minimum contribution increases. Remaining flex dollars will be used by employees to participate in the City’s health plans. B. Subject to Public Employees' Retirement System (PERS) administration requirements, the City shall make available to eligible employees participation in the group Health Care plans offered by CalPERS. C. Employees who elect not to participate in the full flex cafeteria plan may receive three-hundred and fifty dollars ($350) per month (upon showing proof of group health insurance coverage (not including insurance through Covered California or other exchange) for the employee and their immediate tax family providing minimum essential coverage. Election forms are available in Human Resources and must be completed annually in order to receive the opt out payments. Section 2. Health Insurance Plan for Retirees A. The City shall provide to any sworn retired employee (either service or disability) who is hired after August 1, 1983 and on or before December 31, 2007, and retires after December 31, 2009, and who has attained the age of fifty (50) the following group Health Care insurance benefits: 1. If the employee has fifteen (15) or more years of full-time City of Seal Beach service, the City shall pay for such sworn retired employee at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the sworn retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. 2. If the employee has twenty (20) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and one dependent, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the sworn retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. 3. If the employee has twenty-five (25) or more years of full-time City of The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For employees participating in the City’s full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Calendar Year 2024 For single employees:$1,166.99 For employee +1 dependent:$1,803.38 454.41For employee + 2 or more dependents:$2,332.12 18 Seal Beach service, the City shall pay such retired employee and dependents, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. B. The City shall provide to any sworn retired employee (either service or disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or more years of full-time City of Seal Beach service and has attained the age of fifty (50) the following group Health Care insurance benefits: 1. The City shall contribute at the minimum rate under PEMHCA as mandated by CalPERS. C. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. D. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement. ARTICLE 29. LIFE INSURANCE The City shall pay one hundred percent (100%) of the premium for a term life insurance policy with a face value of seventy-five thousand dollars ($75,000), and non-sworn with a face value of fifty thousand dollars ($50,000), double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($1,000) per dependent. ARTICLE 30. DISABILITY INSURANCE PLAN The City shall pay one hundred percent (100%) of the premium for the “employee’s long- term disability insurance plan with an income continuation of not less than sixty-six and two-thirds percent (66-2/3%) of the employee’s monthly base salary, subject to caps and eligibility requirements as set forth within the policy of the accepted carrier. Modifications to the plan shall be made only after the City has met and consulted with the Association. ARTICLE 31. SECTION 125 PLAN The City will provide a Section 125 Plan (pre-tax deduction) for health, dental and child care expenses. This plan will allow for payroll deduction from the employee’s salary as designated by the employee for the purpose of participation. The maximum contributable dollar amount and plan year length is administered and determined by the Human Resources at the direction of the City Manager. 19 ARTICLE 32. ANNUAL PHYSICAL The City shall provide a physical exam periodically as indicated below for the purpose of detecting heart trouble and cancer for sworn unit members. The exam shall be given by a City appointed physician who is acceptable to the Association. Cost of said physical exam shall be borne by the City. The resulting diagnosis shall be submitted to the City as well as the employee together with specifics of corrective treatment. Physical Exam Schedule: New Employee 2nd year following appointment Employee under 40 Alternate years Employee 40 & Over Every year ARTICLE 33. RETIREMENT Section 1. A. The City shall make contributions for the public safety personnel covered by this MOU to the PERS plan known as three percent at fifty (3% @ 50) with those benefit options as provided for in the contract between the City and PERS for employees defined by the Public Employees’ Pension Reform Act (PEPRA) as “classic members” (meaning those persons who were members of PERS or a reciprocal California public pension plan as of December 31, 2012). B. New employees/members hired on or after January 1, 2013 as defined by PEPRA will be hired at the retirement formula in accordance with PEPRA and other legislation. New members entering membership for the first time in a Police Safety classification shall be eligible for the two-point seven percent at fifty-seven (2.7% @ 57) retirement formula for Local Safety members. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. In no event shall the City make contributions to the PERS plans for new members. C. Modification(s) to the contract shall be made only after the City has met and conferred with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of PERS. Section 2. The City shall make contributions for the non-sworn personnel covered by this MOU to the PERS plan known as two percent at fifty-five (2%@55) with those benefit options as provided for in the contract between the City and PERS. New members entering membership for the first time as non-sworn personnel shall be hired at the retirement formula in accordance with PEPRA and other legislations. Modification(s) to the contract shall be made only after the City has met and conferred with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of PERS. ARTICLE 34. HOURS OF WORK – WORK PERIOD Section 1. Work Period 20 A. The work period for law enforcement personnel (as defined by the Fair Labor Standards Act) shall be three hundred thirty-six (336) continuous hours (fourteen (14) consecutive days). All full-time law enforcement personnel shall be regularly assigned one of the following work schedules: 1. "Three-Twelve" - three (3) consecutive three (3) day work weeks consisting of three (3) twelve (12) hour and twenty (20) minute workdays followed by a four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute work days and one (1) twelve (12) hour work day. 2. "Four-Ten" - a work week consisting of ten (10) hours/day, four (4) days/week. 3. "Five-Eight" - a work week consisting of eight (8) hours/day, five (5) days/week. Section 2. Three-Twelve Work Schedule A. The standard workweek shall be thirty-seven (37) hours or forty-nine (49) hours depending on the number of days worked in a workweek pursuant to A.1. above. B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during the forty-nine (49) hour work week of the work period will be considered regular straight time hours for the intention to report forty (40) hours of regular hours during a workweek. Section 3. Reporting to California Public Employees’ Retirement System (PERS) - All regular hours worked, regardless of work schedule, shall be reported to PERS. ARTICLE 35. OVERTIME COMPENSATION Section 1. Overtime Defined for Eligible Law Enforcement Personnel A. Three-Twelve Workweek Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off. B. Four-Ten Workweek Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off. C. Five-Eight Workweek Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off. Section 2. Compensation for Overtime A. Authorized non-FLSA overtime shall be compensated in pay or compensatory time at the rate of one-and-one-half (1-1/2) times the base hourly rate of pay. 21 B. In computing overtime for a work period, time absent from duty as a result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as time deemed to have been worked. Section 3. Compensatory Time - Employees may elect to receive compensatory time in lieu of pay for overtime subject to A. and B. below. A. Should an employee desire to take compensatory time off, he/she shall provide reasonable notice, i.e., no less than fourteen (14) calendar days (one payroll cycle), and file a written request with the Chief of Police. The Chief of Police shall grant compensatory time off based on departmental manpower needs. If an employee fails to provide fourteen (14) calendar days (one payroll cycle) advance notice to the Chief of Police, the Chief of Police shall consider the request for compensatory time off and has discretionary authority to grant or deny the request. B. Employees sh all be permitted to accumulate a maximum of seventy- five (75) hours of compensatory time. An employee who has accumulated seventy-five (75) hours of compensatory time will be reimbursed within the pay period earned for any overtime in excess of seventy-five (75) hours maximum. C. An employee may, upon written request submitted to and approved by the City Manager, receive reimbursement for the requested number of hours of accumulated compensatory time below the cap of seventy-five (75) hours. Reimbursement shall occur with the next regular payroll following the pay period in which the employee’s written request has been approved by the City Manager. Section 4. Approval f o r Overtime - In order for an employee to earn compensation for overtime, he/she must receive a supervisor’s or the Chief of Police’s approval. Overtime worked to meet an emergency situation does not require advance approval but shall be certified by the Chief of Police before being credited to the employee’s record. ARTICLE 36. VACATION Section 1. Eligibility – All regular full-time employees having completed one (1) year of continuous service with the department and annually thereafter, shall be eligible for a paid vacation at their then existing rate of pay. Section 2. Accrual – Vacation hours are accrued as follows: A. Vacation leave is accumulated yearly and is computed on the basis of the employee’s hire date as a regular full-time or probationary employee. B. Years of service, for purpose of vacation accrual, shall be from the date of initial employment as a full-time probationary or regular employee to the anniversary date concluding the full year of the designated year. C. All eligible unit employees hired after February 1, 1998, will accrue vacation leave by the following schedule: 22 Years Of Hours Max. Hourly Accrual Annual Service Earned Rate/Pay Period Bi-Weekly Vacation Hours 0-5 Years 80 3.0769 80 hours 6-14 120 4.6153 120 hours 15-19 160 6.1538 160 hours 20+200 7.6923 200 hours D. An eligible employee hired on or before February 1, 1998, shall accrue vacation leave by the following schedule: Years Of Hourly Accrual Rate Annual Service Per Pay Period Accrual Rate 0-5 Years 4.615 120 hours 6 4.923 128 hours 7 5.231 136 hours 8 5.486 144 hours 9 5.539 152 hours 10-15 6.154 160 hours 16+7.692 200 hours Section 3. Maximum Accrual A. An employee may accumulate unused vacation to a maximum of four hundred (400) hours. If the needs of the service require that an employee be denied the use of accrued vacation time and such denial is anticipated to result in a cessation of accrual, the employee may request that his maximum accrual be increased to an amount not to exceed the amount accrued in the preceding thirty-six (36) month period. Such request must be submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval of the Chief of Police and City Manager. B. The accrual of vacation shall cease when an employee's accumulated vacation is at the maximum provided in this Section. Additional vacation shall begin accruing when the employee's vacation balance falls below the maximum. C. An employee on Injury on Duty (IOD) status or leave may accrue vacation up to the maximum under this section. Should the employee reach maximum accumulation, the City shall cash out the equivalent hours that the employee has taken for vacation during the fiscal year. Should the employee reach maximum again after the cash out while still on IOD or leave, accruals shall cease. Section 4. Use of Vacation – Vacation is granted as follows: A. The time at which an employee’s vacation is to occur shall be determined by the Chief of Police with due regard for the wishes of the employee and particular regard for the needs of the service. When an employee uses accrued vacation for leave, the vacation hours used shall come from the oldest accrued hours first. 23 B. Employees w h o have completed two (2) years or more of continuous service may elect to be paid for up to a maximum of eighty (80) hours of accumulated vacation up to twice per calendar year. Beginning in December 2024, and in each December thereafter, employees eligible to cash out vacation hours and who wish to convert vacation hours to salary, may do so only by making an irrevocable election in writing of the number of hours they will accrue in the next calendar year that they choose to cash out. Employees who make the irrevocable election may choose to receive the cash out in July and/or December. The maximum cash out that can be elected to be paid out in July and/or December is limited by the employee’s accrued and unused vacation earned in the calendar year available for cash out on the date of cash out. All cash-out of vacation pursuant to this provision is from hours earned in the current calendar year. C. The City shall have a form available for employees to make this irrevocable election and for employees to request an exception to the irrevocable election requirement for unforeseeable emergencies occurring after the election window period. The request for an exception is subject to the City Manager’s approval. The City’s decision on a request for an exception shall not be subject to the grievance procedure. Section 5. Vacation Payment at Termination – Employees terminating employment shall be paid in a lump sum for all accumulated vacation no later than the next regular payday following termination. If the termination is due to death of the employee, the employee’s beneficiary designated on the City’s life insurance policy form in the employee’s personnel file shall receive the employee’s pay for unused vacation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee. Section 6. Vacation Accrual During Leave of Absence – No vacation shall be earned during any leave of absence without pay for each fourteen (14) day pay period of such leave. Section 7. Prohibition Against Working for City During Vacation – Employees shall not work for the City during his/her vacation and thereby receive double compensation from the City. ARTICLE 37. LEAVE OF ABSENCE Section 1. Authorized Leave of Absence Without Pay – Authorized Leave of Absence Without Pay is granted as follows: A. Upon the Chief of Police’s recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed ninety (90) working days. B. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (1) year. C. At the expiration of the approved leave of absence, after notice to return to duty, the employee shall be reinstated to the position held at the time the leave of absence was granted. Failure on the part of the employee to report promptly at such leave 24 of absence’s expiration and receipt of notice to return to duty, shall be cause for discharge. D. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits except as specifically provided for in this Memorandum of Understanding, except that the City shall contribute to an employee’s medical and dental health plan, disability insurance plan, and life insurance plan for the first thirty (30) calendar days of the leave of absence. ARTICLE 38. UNAUTHORIZED ABSENCE Unauthorized absence is days, or portions of days, wherein an employee is absent from work without City approval. Unless subsequently approved, such absence will result in a deduction from the employee’s pay of an amount equivalent to the time absent. Employees taking unauthorized absence may be subject to disciplinary action, up to and including termination of employment. ARTICLE 39. BEREAVEMENT LEAVE Section 1. Employees may be granted up to forty (40) hours of paid bereavement leave, plus an additional twenty-two (22) additional unpaid hours by the reason of the death in their family which shall be restricted and limited to immediate family by reason of biology, marriage, or adoption, or all degree of relatives not listed but living within the household of the employee. Family covered by this provision: Spouse or Registered Domestic Partner Parent (means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child). Father and Mother In-Law (means a parent of an employee’s spouse or domestic partner as defined in this section). Grandparent (means a parent of the employee’s parent, as defined in this section). Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent). Child (means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.) Grandchild means a child of the employee’s child as defined in this section) All degree of relatives not listed but living within the household of the employee Employees may use any of their accumulated leave balances to receive pay during the additional twenty-two (22) hours of unpaid bereavement leave. ARTICLE 40. MILITARY LEAVE OF ABSENCE Section 1. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations to determine when such leave shall be taken. 25 Whenever possible, the employee involved shall notify the Chief of Police of such leave request ten (10) working days in advance of the beginning of the leave. Section 2. In addition to provisions of State law, the City shall continue to provide eligible employees on military leave the current health benefits (medical, dental, disability, and life insurance) and retirement (if applicable) for the first three (3) months of military leave. During said period, the employee shall be required to pay the City the same co- payments as required of other employees. After the first three (3) months of military leave, the employee may continue said benefits at his/her cost. ARTICLE 41. This article was intentionally left blank and has been reserved for future use. ARTICLE 42. JURY DUTY Section 1. Jury Duty is granted as follows: A. Employees required to report for jury duty shall be granted leave of absence for such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall receive full payment for the time served on jury duty, provided the employee remits any fees received for such jury service, excluding payment for mileage, to the City’s Department of Finance. Compensation for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be returned to the employee by the Department of Finance. B. If the sum of the employee’s jury duty responsibility is less than a full work day, the employee shall contact his/her supervisor as to the feasibility of returning to work that day. ARTICLE 43. SICK LEAVE Section 1. Accrual - Sworn Positions A. Sick leave shall be accrued at the rate of twelve and one-third (12- 1/3) hours per calendar month for each calendar month that the sworn employee has worked regularly scheduled hours and/or has been on authorized leave which provides for full pay, for at least fifteen (15) working days in that month. B. Sick leave accrued pursuant to A. above for sworn unit employees hired prior to July 1, 1985, will be placed into the established sick leave bank at the rate of twelve and one-third (12-1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours. This new sick leave bank, established February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. C. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. 26 D. There is no limit on the amount of sick leave that an employee may accumulate. E. An employee may be paid for unused sick leave pursuant to the following: 1. Employees who have not completed fifteen (15) years of services with the City will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated sick leave be used to postpone the effective date of retirement as determined by the City. 2. Upon separation from the City, employees who have completed a minimum of fifteen (15) years of service with the City shall have the choice to: a) Be paid for the accumulated sick leave up to twenty percent (20%) of the accumulated sick leave bank. b) Convert the hours to eight (8) hours workdays and report to CalPERS for service credit. c) Or any combination of pay and service credit (maximum twenty percent [ 20%] payout compensation of total/accumulated sick leave bank at the time of separation). d) Compensation shall be at the employees’ final hourly rate of pay. e) Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. 3. Employees employed prior to July 1, 1985, who are retired because of work-related disabilities will be paid all of their accumulated sick leave at their final base hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will be placed in the sick leave bank set forth in Section 1.B above, and is not eligible for this payout provision. Section 2. Sick Leave During Vacation – An employee who becomes ill while on vacation may have such period of illness charged to his/her accumulated sick leave provided as follows: A. Immediately upon return to duty, the employee submits to his/her supervisor a written request for sick leave and a written statement signed by his/her physician describing the nature and dates of the illness. B. The Chief of Police recommends and the City Manager approves the granting of such sick leave. Section 3. Extended Sick Leave – In the event of an employee’s continuing illness which results in depletion of sick leave accumulation, the employee may request in writing, to the Chief of Police and City Manager, a leave of absence without pay for the purpose of recovering from the illness, provided: A. The employee has used all accumulated sick leave. 27 B. The employee presents to his department head for referral to and consideration by the City Manager, a written explanation of the employee’s illness and an estimate of the time needed for recovery signed by the employee’s physician. C. Prior to resuming his/her duties, the employee may be required to take a medical examination at City expense and provide a medical release to return to work from the employee’s physician as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager in determining the employee’s fitness to return to work. D. The maximum period of such leave shall be ninety (90) calendar days. If the employee desires an extension, he/she shall follow, prior to the termination of the initial leave, the procedure described in Section 3.B above. Section 4. General Sick Leave Provisions – Sick leave shall not be granted for disability arising from any sickness or injury purposely self-inflicted or caused by an employee’s own willful misconduct and negligence. Section 5. Fitness for Duty - The Chief of Police may require employees to present proof of physical fitness for duty for sick leaves in excess of five (5) consecutive working days. Section 6. Accrual and Payment-Non-Sworn Positions A. All full-time non-sworn employees covered by this section shall accrue sick leave at the rate of ten (10) hours per month. The maximum of sick leave hours shall be 520 hours. B. Existing sick leave balances which have remained intact and have not been converted to leave time may be utilized by the employee for sick leave purposes only. C. Upon termination of employment with the City, all leave hours will be paid to the employee at the employee’s base hourly rate of pay. Existing sick leave balances, which have remained intact and have not been converted to leave time, will be paid to the employee upon termination at one-quarter (25%) of the employee’s base hourly rate of pay. D. Non-Sworn Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. Section 7. The S i c k Leave during Vacation and Extended Sick Leave provisions in above Section 2 and 3 is also applied to the position of Police Records Supervisor. ARTICLE 44. CATASTROPHIC LEAVE Section 1. Establishment – A Catastrophic Leave Program for the Association was established which allows donation of paid time for employees represented by the Association. Section 2. Purpose – The purpose of the Catastrophic Leave Pool is to enable full-time 28 employees to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basis to assist employees who have no remaining leave bank balances and who will suffer a financial hardship due to prolonged illness or injury to themselves, or a member of their immediate family. Sick Leave is excluded from this program. The conditions of this program are as follows: A. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. B. The leave pool shall be administered by the Finance Department. C. Employees must be in regular full-time appointed positions to be eligible for catastrophic leave. D. Employees receiving Long-Term Disability payments may participate in this program, but may not receive combined payments that would exceed their normal take home pay. E. All donations are to be confidential, between the donating employee and the Finance Department. F. Employees donating to the pool must have forty (40) hours of paid leave available after making a donation. G. Donating employees must complete a Catastrophic Leave Program form with a signed authorization and includes specifying the specific employee to be a recipient of the donation. H. Donations will be subject to applicable tax laws. I. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. J. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary. K. Catastrophic Leave due to illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s ability to perform normal duties. ARTICLE 45. FAMILY LEAVE (FMLA/CFRA) Family L e a v e (FMLA/CFRA) request procedures are established by City Manager Administrative Directive, Section 200-21 and are incorporated herein by reference, and shall govern. ARTICLE 46. ON-THE-JOB INJURY 29 Sworn employees who are disabled by injury or illness arising out of and in the course of their duties as public safety employees of the City shall be entitled to the benefits of California Labor Code, Section 4850, as the Section now exists or is hereinafter amended. Any payment made pursuant to this section shall not be charged as sick leave; sick leave and vacation benefits shall accrue during the period of disability pursuant to the provisions of California Labor Code, Section 4850. ARTICLE 47. OFF-THE-JOB INJURY An e m p l o y e e injured outside of his/her service with the City shall be compensated through the disability insurance plan provided by the City. ARTICLE 48. PERSONNEL RULES AND REGULATIONS Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and shall govern. If there is a conflict between the Personnel Rules and Regulations and a specific provision of this MOU, the MOU provision shall be applied. Section 2. The Association and the Union agree that all City Council Policies and City Manager Administrative Directives are incorporated herein by reference, and shall continue to govern. ARTICLE 49. PROBATIONARY PERIODS Section 1. Appointment Following Probation Period – Regular full-time appointment is granted as follows: A. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of twelve (12) months of service. B. When unusual circumstances merit the extension of the probationary period, the Chief of Police shall request in writing for the approval of City Manager. Said extension shall not exceed one hundred eighty (180) calendar days. Human Resources shall notify the Chief of Police and the probationer concerned no less than two weeks prior to the termination of any probationary period. C. If the service of a probationary employee has been satisfactory, the Chief of Police shall file with Human Resources a statement in writing that the retention of the employee is desired. No actions changing an employee’s status from probationary to regular full-time shall be made or become effective until approved by the City Manager. Section 2. Objective of Probationary Period – The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the required standards of the Department. Section 3. Employee Performance Appraisal – Appraisal are conducted as follows: 30 A. Each p r o b a t i o n a r y employee shall have his/her performance evaluated at the end of each three (3) months of service or at more frequent intervals when deemed necessary by the Chief of Police. Permanent employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the Chief of Police. Such evaluation shall be reported in writing and in the form approved by Human Resources. B. The written appraisal report of an employee’s performance evaluation shall be filed in triplicates, the original to be filed with Human Resources and made a part of the employee’s personnel records, one copy to be retained by the Department, and one copy to be given to the employee. Section 4. Rejection of Probationary Employee – A probationary employee can be rejected as follows: A. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Chief of Police, with the approval of the City Manager, without cause and without right of appeal, except the right of appeal of punitive actions as may be provided by law. Notification of rejection in writing shall be served on the probationary employee and a copy with Human Resources. A termination interview may be conducted with each rejected probationer. B. An exception will be applied where the probationary employee’s job termination or dismissal is based on charges of misconduct which stigmatizes his/her reputation or seriously impairs his/her opportunity to earn a living, or which might seriously damage his standing and association in this community. Where there is such a deprivation of a “liberty interest,” the employee shall be given pre-disciplinary procedural due process as defined in the City of Seal Bach Personnel Rules and Regulations and this Memorandum of Understanding. Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure. ARTICLE 50. LAYOFF PROCEDURES The policy for layoff procedures in the City of Seal Beach’s Rules and Regulations are incorporated herein by reference, and shall continue to govern. ARTICLE 51. MOU REOPENERS Section 1. The parties shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State Agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU, in order to comply with State or Federal laws. ARTICLE 52. This article was intentionally left blank and has been reserved for future use. 31 ARTICLE 53. NO STRIKE - NO LOCKOUT Section 1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action by withholding or refusing to perform services. Section 2. The City agrees that it shall not lockout its employees during the term of this MOU. The term “lockout” is hereby defined so as not to include the discharge, suspension termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law. Section 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to disciplinary action up to and including discharge. Section 4. In the event that any one or more officers, agents, representatives or members of the Association engage in any of the conduct prohibited in Section 1 above, the Association shall immediately instruct any persons engaging in such conduct that they must immediately cease engaging in conduct prohibited in Section 1 above and return to work. ARTICLE 54. EMERGENCY WAIVER PROVISION Section 1. In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency or similar circumstances if the City Manager or his/her designee so declares, any provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any personnel rules and policies. ARTICLE 55. SEPARABILITY PROVISION Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect. ARTICLE 56. SAVINGS CLAUSE Section 1. Both parties declare that the sections, paragraphs, sentences, clauses and phrases of this Memorandum of Understanding are severable, and if any phrase, clause, sentence, paragraph or section of the Memorandum of Understanding hereby adopted shall be declared unconstitutional or otherwise invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Memorandum of Understanding. 32 ARTICLE 57. RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of duly authorized representatives of the Association. Following such ratification, approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. For the CITY OF SEAL BEACH: For the SEAL BEACH POLICE MANAGEMENT ASSOCIATION: Date:__________________________Date: Jill R. Ingram, City Manager Captain, Nicholas Nicholas, PMA President Patrick Gallegos, Assistant City Manager 33 EXHIBIT A SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM INTRODUCTION The physical fitness program is a voluntary program for all sworn officers. Officers work out on their off duty time and may, depending upon availability of funds and staffing needs, in return receive compensation back to them after meeting the minimum requirements of the tests at the end of each six (6) month period. Officers may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six (6) month period. The maximum time each officer will be able to achieve is up to forty (40) vacation hours earned annually for as long as the officer continues successfully in the program. ENROLLMENT To start the program, each officer must contact the Physical Fitness Committee and advise them of your intent. You will need to have a doctor’s release to allow you to participate in the program. A copy of the physical requirements of the physical fitness program should be reviewed by your doctor when obtaining your release. For details of the annual physical exam refer to Article 32 of the S.B.P.M.A. M.O.U. TESTING Each officer participating will be tested every six months, specifically in the months of January and July. A minimum level has been established for each test. Participants will have to move up a category or reach maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation time. Testing may be conducted during on-duty hours at the Watch Commanders discretion. The Physical Fitness Committee will perform the testing. ALLOCATION OF HOURS Employees will be awarded four hours for successfully completing each test as set forth in TESTING above. No employee shall receive any hours if they fail to meet the minimum standards for at least three of the five tests. 34 PHYSICAL FITNESS COMMITTEE The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of Police. The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters. VALIDATED MEDICAL PROBLEM CLAUSE Those officers who for validated medical reasons cannot participate in the fitness program as designed may contact the Physical Fitness Committee for program modification. Validated medical problems are those diagnosed by a physician as limiting participation in a certain activity. REQUIRED TEST The physical fitness needs of Police Officers fall into three areas: Cardio Fitness Strength Flexibility The tests outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to evaluate fitness in these areas will be: Cardio fitness 1.5 Mile run Strength Push-ups Sit-ups Pull-ups Flexibility Forward Stretch MEDICAL COVERAGE Participation in the program will be on a voluntary basis. Any exercise workouts done under this program, i.e. weight lifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, The city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program. All employees must receive clearance from their personal physician prior to beginning program participation. 35 CARDIO FITNESS TESTS - 1.5 Mile Run Officers will run a one point five (1.5) mile course established by the Training Unit. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures ones aerobic capacity or the ability of the heart and lungs to utilize oxygen. Under 30 Below 30-34 Below 35-39 Below Excellent 10:15 11:00 11:30 Good 10:16-12:00 11:01-12:30 11:31-13:00 Fair 12:01-14:30 12:31-15:00 13:01-15:30 Poor 14:31-16:30 15:01-17:00 15:31-17:30 Very Poor 16:31-Above 17:01-Above 17:31-Above Maintenance Level 11:00 12:00 12:30 Minimum Level 14:30 15:15 15:30 40-44 Below 40-49 Below 50 + Below Excellent 12:00 12:15 12:30 Good 12:01-13:30 12:16-13:45 12:31-14:30 Fair 13:31-16:00 13:46-16:15 14:31-17:00 Poor 16:01-18:00 16:16-18:15 17:01-19:00 Very Poor 18:01-Above 18:16-Above 19:01-Above Maintenance Level 13:00 13:30 14:00 Minimum Level 15:45 16:00 16:45 STRENGTH TESTS The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his fist on the ground below the officer's chest. The officer must keep his back straight at all times and from the up position, lower him/herself to the floor until his chest touches his partner's hand and then push to the up position again. The officer can rest in the up position. The total number of correct push-ups are recorded and compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical confrontations such as pushing, pulling, controlling, and handcuffing. 36 Under 30 30-39 40-49 50 + Excellent 43 -37 -30 -25 + Good 28-42 23-36 20-29 17-24 Fair 20-27 17-22 15-19 12-16 Poor 5-19 3-16 2-14 2-11 Very Poor 4-Below 2-Below 2-Below 1-Below Maintenance Level 40 35 25 18 Minimum Level 18 15 13 11 PULL-UPS Officer will hold bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Officer must pull his body up to a position where his chin is above the bar for one repetition; the total number of correct pull-ups are recorded and compared to the standards on the chart. In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull down seventy percent (70%) of their body weight ten (10) times in order to achieve maintenance level. Under 30 30-39 40-49 50 + Excellent 9 & Above 7 & Above 6 & Above 5 & Above Good 8 6 5 4 Fair 6-7 4-5 3-4 2-3 Poor 5 3 2 1 Very Poor 4 & Above 2 & Above 1 & Above 0 Maintenance Level 8 6 5 4 Minimum Level 5 3 2 1 SIT-UPS Officer starts by lying on his/her back, knees bent heels flat on the floor and arms folded across the chest. A partner holds the feet down. In the up position, the officer will touch his elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is a continuous exercise, no resting. The total number of correct sit-ups are recorded and compared to the standards on the chart. This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems. 37 *1 CONTINUOUS MINUTE * Under 30 30-39 40-49 50 + Excellent 51 & Above 45 & Above 40 & Above 36 & Above Good 40-50 34-44 27-39 23-39 Fair 35-39 29-33 20-26 16-22 Poor 24-34 18-28 7-19 6-15 Very Poor 23 -17 -6 -5 - Maintenance Level 45 40 35 30 Minimum Level 30 25 20 15 FLEXIBILITY Officer sits on the ground with his legs out straight in front of him. Heels of feet are placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his toes with his fingertips as far as he can. The distance above or below his heels is measured. The distance is recorded as plus or minus inches. Plus inches is below the heels and negative is above the heels. Compare the results against the standards on the chart. Under 30 30-39 40-49 50 + Excellent +10" & Below +9" & Below +8" & Below +7" & Below Good +4" to 9.5"+ 3.5" to 8.5"+1" to 7.5"0 to +6.5" Fair +1.5" to 3.5"+1" to 3"-2" to +.5"-3" to -.5" Poor -4.5" to +1"-6.5" to +.5"-9" & Above -10" to 3.5" Very Poor -5" & Above -7" & Above -9.5 & Above -10.5"& Above Maintenance Level +5"+4"+1"0" Minimum Level 0"-2"-4"-5" 12542444.1 SE010-040 9 3 7 6 SEAL BEACH POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING Resolution 7555 - Exhibit B ADOPTED: August 12, 2024 EXPIRES: June 30,2025 I12542444.1 SE010-040 SEAL BEACH POLICE OFFICERS ASSOCIATION TABLE OF CONTENTS ARTICLE I - RECOGNITION .................................................................................1 Section 1...................................................................................................1 Section 2...................................................................................................1 Section 3.. .................................................................................................1 ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER DEDUCTIONS ............................................................................................1 Section 1. Dues and Benefit Deductions....................................................1 Section 2. Other Deductions ......................................................................2 ARTICLE III - CITY RIGHTS ..................................................................................2 Section 1. ..................................................................................................2 Section 2. ..................................................................................................3 ARTICLE IV - NON-DISCRIMINATION ...............................................................3 Section 1. ..................................................................................................3 Section 2. ..................................................................................................3 ARTICLE V - COMPENSATION PLAN................................................................3 Section 1. Basic Compensation Plan ........................................................3 Section 2. Advancement within Salary Grades .........................................4 Section 3. Salary Increases Following Promotion .....................................4 Section 4. Salary Decreases Following Demotion ....................................5 Section 5. Adjustments of Salary Grades .................................................5 Section 6. Salary and Benefits on Suspension ..........................................5 Section 7. Salaries during Term of Memorandum of Understanding ........5 Section 8. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding .................................................................... 6 ARTICLE VI - SPECIAL PAY PROVISIONS ........................................................6 Section 1. Uniform Allowance and Safety Equipment ................................6 Section 2. Temporary Assignment Pay .....................................................6 Section 3. Court Time ...............................................................................7 Section 4. Call-back ...................................................................................8 Section 5. Training Programs.....................................................................8 Section 6. Educational Incentive Pay ........................................................8 Section 7. Stand-by Pay.............................................................................9 Section 8. Experience Pay .......................................................................10 Section 9. Movie Detail ............................................................................11 Section 10. Bilingual Compensation ........................................................11 12542444.1 SE010-040 2 ARTICLE VII - FRINGE BENEFIT ADMINISTRATION......................................11 Section 1. Administration ........................................................................11 Section 2. Selection and Funding ...........................................................12 Section 3. Limits ......................................................................................12 Section 4. Changes ..................................................................................12 ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY INSURANCE .............................................................................................12 Section 1. Health Care Coverage ............................................................12 Section 2. Health Insurance Plan for Retirees .........................................13 Section 3. Life Insurance Plan .................................................................14 Section 4. Disability Insurance Plan .........................................................14 Section 5. Annual Physical.......................................................................14 ARTICLE IX - RETIREMENT ...............................................................................15 ARTICLE X - HOURS OF WORK ........................................................................15 Section 1. Work Period ............................................................................15 Section 2. Three-Twelve Work Schedule .................................................16 ARTICLE XI - OVERTIME COMPENSATION .....................................................16 Section 1. Overtime Defined ....................................................................16 Section 2. Compensation for Overtime ....................................................16 Section 3. Compensatory Time ................................................................16 Section 4. Overtime Reporting .................................................................17 ARTICLE XII - HOLIDAYS ...................................................................................17 Section 1. ................................................................................................17 Section 2. ..................................................................................................17 Section 3. ..................................................................................................18 Section 4. ..................................................................................................19 ARTICLE XIII - VACATION ..................................................................................19 Section 1. Eligibility ..................................................................................19 Section 2. Accrual ....................................................................................19 Section 3. Maximum Accrual....................................................................20 Section 4. Use of Vacation .......................................................................21 Section 5. Vacation Payment at Termination ...........................................21 Section 6. Vacation Accrual During Leave of Absence ............................21 Section 7. Prohibition Against Working for City During Vacation .............22 312542444.1 SE010-040 ARTICLE XIV - LEAVES OF ABSENCE..............................................................22 Section 1. Authorized Leave of Absence Without Pay .............................22 Section 2. Bereavement Leave ................................................................22 Section 3. Military Leave of Absence .......................................................23 Section 4. (Intentionally Left Blank - RESERVED)....................................23 Section 5. Unauthorized Absence ............................................................23 Section 6. Catastrophic Leave .................................................................23 ARTICLE XV - JURY DUTY.................................................................................24 Section 1. Compensation for Jury Duty....................................................24 ARTICLE XVI - SICK LEAVE ...............................................................................25 Section 1. General Sick Leave Provisions ...............................................25 Section 2. Eligibility ..................................................................................25 Section 3. Accrual ....................................................................................25 Section 4. Accumulation and Payment ....................................................25 Section 5. Sick Leave During Vacation ....................................................26 Section 6. Extended Sick Leave ..............................................................26 Section 7. Family Leave ...........................................................................27 Section 8. On The Job Injury....................................................................28 Section 9. Off The Job Injury....................................................................28 ARTICLE XVII - PROBATIONARY PERIODS ...................................................28 Section 1. Appointment Following Probation Period ................................28 Section 2. Objective of Probationary Period ............................................28 Section 3. Employee Performance Appraisal...........................................28 Section 4. Rejection of Probationary Employee .......................................29 ARTICLE XVIII - LAYOFF PROCEDURES .......................................................29 Section 1. Policy........................................................................................29 ARTICLE XIX - MISCELLANEOUS PROVISIONS ..............................................29 Section 1. Tuition Reimbursement ...........................................................29 Section 2. Physical Fitness Program .......................................................30Section 3 Health Wellness Program .......................................................31 ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING ...................31 Section 1.................................................................................................31 Section 2.................................................................................................31 Section 3.................................................................................................31 ARTICLE XXI - CONCERTED REFUSAL TO WORK .......................................31 Section 1. Prohibited Conduct..................................................................31 Section 2. Association Responsibility.......................................................32 412542444.1 SE010-040 ARTICLE XXII - EMERGENCY WAIVER PROVISION .....................................32 Section 1. ………………………………………………………………………32 ARTICLE XXIII - SEPARABILITY ......................................................................32 Section 1. ………………………………………………………………………32 ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS .........................32 Section 1. ………………………………………………………………………32 ARTICLE XXV - MOU REOPENERS ................................................................32 Section 1. ………………………………………………………………………32 ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING .............33 Section 1. ................................................................................................33 Section 2. ..................................................................................................33 ARTICLE XXVII - RATIFICATION .....................................................................33 Section 1. ……………………………………………………………………...33 EXHIBIT A............................................................................................................34 112542444.1 SE010-040 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE OFFICERS ASSOCIATION ARTICLE I - RECOGNITION Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance No. 769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" interchangeably) has recognized, for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Police Officers Association (“SBPOA” and/or “Association” interchangeably) as the majority representative of the employees in the bargaining unit, which includes Police Department full-time employees in the classifications and assignments of: a) Police Officer and b) Police Corporal. Section 2. The City recognizes the Association as the representative of the employees in the classifications and assignments set forth in Section 1. above for the purpose of meeting its obligations under this Memorandum of Understanding, the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or other terms and conditions of employment are amended or changed. Section 3. The City agrees that the representatives of Association, not to exceed six (6) in number, shall be entitled to meet and confer with Management during said representatives' normal working hours without suffering any loss in pay while absent from their duties for such purpose, providing that such time per person shall not be unreasonable. The City also agrees that such representatives may utilize not more than six (6) hours per month or seventy-two (72) hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are represented by the Association and/or other officers of Association. ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER DEDUCTIONS Section 1. Dues and Benefit Deductions A. The City will provide voluntary payroll deductions for all employees represented by the Association for regular and periodic dues and benefit program premiums. The Association shall certify to the City the names of employees who have authorized membership dues deductions, any employee who declines membership in the Association, and the amounts of dues deductions as they change from time to time. 212542444.1 SE010-040 B. The City shall remit such funds to the Association within twenty-one (21) calendar days following the deductions. C. With regard to deductions under this Section 1, the Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to this Section. Section 2. Other Deductions The City shall make payroll deductions for purposes of an employee depositing funds or making payments directly to a Federal Credit Union, providing that any deductions shall not be less than two dollars ($2.00) on a bi-weekly basis. ARTICLE III - CITY RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOU or by law in the exercise of its rights to manage the business of the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, not abridged by this MOU or by law, shall include, but not be limited to, the following rights: A. To determine the nature, manner, means, technology, and extent of services and activities to be provided to the public. B. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. C. To determine and change the number of locations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract for any work or operation. D. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. E. To establish and modify employee performance standards and productivity and performance programs including, but not limited to, quality and quantity standards, and to require compliance therewith. F. To establish and promulgate and/or modify rules and regulations to maintain order, safety, and efficiency in the City, its facilities and operations. G. To determine policies, procedures and standards for the selection, training and promotion of employees. 312542444.1 SE010-040 H. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in departmental disciplinary procedure. Section 2. Where the City is required to make changes in its operations because of the requirements of law, or whenever the contemplated exercise of City Rights shall impact the wages, hours, and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact and effects of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. ARTICLE IV - NON-DISCRIMINATION Section 1. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations or sexual orientation. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with state or federal anti-discrimination laws. Section 2. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender. ARTICLE V - COMPENSATION PLAN Section 1. Basic Compensation Plan A. All employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a monthly base salary grade adopted by the City Council. The salary schedule shall consist of five (5) steps within each grade. B. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned grade upon the recommendation of the Chief of Police and the approval of the City Manager when it is decided that such action is in the best interest of the City. C. The second step, B step, is a merit adjustment which may be given at the end of six (6) months of employment subject to the recommendation of the Police Chief and approval of the City Manager. D. The third, fourth, and fifth steps are merit adjustments to encourage an employee to improve his work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of one (1) year of service at the preceding step. Each adjustment may be made subject to the recommendation of the Chief of Police and approval of the City Manager. 412542444.1 SE010-040 Section 2. Advancement within Salary Grades A. In order to properly compensate an employee, advancement in base salary shall be based on merit. B. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. C. The Chief of Police and/or the employees’ immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Chief of Police with approval of the City Manager. D. An employee must be reviewed at least once every twelve (12) months from the effective date of his last performance step increase, special performance advancement or promotion. Nothing contained herein shall restrict the Chief of Police from denying the increase after evaluation, nor shall it prevent him from recommending special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. E. It shall be the responsibility of each supervisor to establish realistic achievement levels for each step increase within a base salary grade. Achievement levels may be formal or informal and shall be reviewed by the Chief of Police for the purpose of maintaining uniformity of standards throughout the department. Section 3. Salary Increases Following Promotion A. Promotional Appointment - When an employee is promoted to a position with a higher base salary grade, the employee shall be compensated at a step of the salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to promotion. B. Temporary Appointment - In special circumstances, when in the best interest of the City, the City Manager may approve a temporary assignment of an employee to a higher-level classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to the temporary appointment. 512542444.1 SE010-040 Section 4. Salary Decreases Following Demotion In the case of a demotion of any employee represented by the Association to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Chief of Police and approved by the City Manager. The employee shall retain his previous anniversary date. Section 5. Adjustments of Salary Grades When a salary grade for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing monthly base salary adjusted to the same step in the new salary grade and their anniversary date shall not be changed. For example, an employee at “C” Step in the old salary grade shall be placed at “C” step of the new salary grade. Section 6. Salary and Benefits on Suspension During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his health plans including dental, disability insurance, or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits for any portion of the suspension that is disapproved. Section 7. Salaries during Term of Memorandum of Understanding The following salary grade increases shall be provided to employees represented by the Association. The salary grade increases shall be effective during the first full pay period in July of the following indicated years. 1) Effective the first full pay period beginning after July 1, 2023: Position Grade Increase Police Officer 27 2.5% Police Corporal 29 2.5% 2) Effective the first full pay period beginning after July 1, 2024: Position Grade Increase Police Officer 27 2.5% Police Corporal 29 2.5% 612542444.1 SE010-040 Section 8. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding The City shall make two (2) Non-PERSable lump sum payments of $2,000 each (subject to applicable withholdings) on the following dates, to each bargaining unit members employed by the City on the date the payments are made. Payments will be made on the following dates: a. On the date that payroll is paid for the first pay period beginning after this MOU is ratified by both the City Council and the membership of the POA; and b. On the date that payroll is paid for the first pay period beginning after August 31, 2024. ARTICLE VI - SPECIAL PAY PROVISIONS Section 1. Uniform Allowance and Safety Equipment A. An employee, whether or not said employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand three hundred dollars ($1,300) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of two hundred forty dollars ($240) effective the first payroll period following July 1st of each fiscal year. Beginning July 1, 2024, an employee, whether or not said employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand three hundred dollars ($1,500) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of three hundred dollars ($300) effective the first payroll period following July 1st of each fiscal year. B. The City shall provide the initial issue of uniforms to include two (2) pants and two (2) shirts and utility equipment to include weapon, safety helmet, baton, and other safety equipment as required by law or deemed necessary by the City. The City shall replace and/or repair any equipment damaged within the course and scope of the employee’s employment. Recurring maintenance, repair and/or replacement due to normal wear shall be the responsibility of the employee. C. An employee assigned as a motor officer shall receive an initial issue of required uniform items incident to such duty. Such items include, but are not limited to: jacket, boots, gloves, and two (2) pair of trousers. Section 2. Temporary Assignment Pay A. Field Training Officer (Regular Police Officer Trainees) - Each Officer performing duties of a Field Training Officer for Regular Police Officer Trainees shall receive one-hour compensation at straight time either as pay at employee base hourly rate of pay or compensatory time off for each shift of recruit training. A shift 712542444.1 SE010-040 shall be understood to be six (6) or more hours. B. Field Training Officer (Voluntary Reserve Officers) - Each eligible employee performing the duties of a Field Training Officer for Voluntary Reserve Officers shall receive one (1) hour compensation at straight time either as pay at employee base hourly rate of pay or compensatory time off for each shift of recruit training. A shift shall be understood to be six (6) or more hours. C. Orange County Regional Lab Team – An officer assigned as an on- call investigator in any specialty for the Orange County Regional Lab Team for the purpose of responding to clandestine drug laboratories shall receive four (4) hours compensation at (straight time) as either pay at employee base hourly rate of pay or compensatory time off per month for being subject to callout. D. The City shall provide a special assignment pay enhancement, which recognizes multiple tours of duty to a maximum of five percent (5%) of base salary as follows with the express understanding that the standard departmental rotational requirements shall apply: 1. Special assignment pay may only be paid for one (1) position and cannot be combined with any other positions (i.e. a detective currently assigned to the SWAT team will only receive a total of five percent (5%) of base salary special assignment pay at any one time 2. Special assignment pay lasts only through the term of the assignment. 3. The following list of assignments shall be considered special assignments: a) Motorcycle Patrol Premium b) Special Weapons and Tactics (SWAT) c) Crisis Negotiator Team (CNT) d) Detective Division Premium e) Police Administrative Officer f) Detention Services Premium g) Rangemaster Premium Section 3. Court Time A. An employee called for a subpoenaed court appearance which arises out of the course of his employment and not contiguous with his work shift shall be compensated for a minimum of two-and-two-thirds (2-2/3) hours at the rate of one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the appearance exceed two and two-thirds (2-2/3) hours, the employee shall receive pay for the actual appearance time, including any designated lunch period where the employee’s appearance continues into the afternoon court session, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police station to 812542444.1 SE010-040 go directly to Court. B. Any appearance that is contiguous with a regular work shift is not subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is contiguous with a regular work shift is not subject to the one and one-half (1-1/2) time rate unless the court appearance otherwise qualifies as overtime under this MOU. C. All employees agree to comply with the "on-call" policies administered by the department. Should an officer be placed "on-call" during off duty hours for court appearance(s), he shall be granted two (2) hours pay at the employee's base hourly rate of pay for any on call time prior to twelve o’clock (12:00) noon and two (2) hours for all “on-call” time after twelve o’clock (12:00) noon. Section 4. Call-back A. Employees who are called back to duty after having completed a normal shift or work day assignment and departed from the work premises shall be paid one and one-half (1-1/2) times the employee's base hourly rate of pay for each hour worked on call-back. The number of hours calculated at one and one-half (1- 1/2) times shall not be less than four hours. Should a call-back exceed four (4) hours, the employee shall receive pay for the actual call-back time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Call-back time shall commence from the time the employee is called back to service. B. Employees who are off duty and respond for departmental training, qualification or meetings shall be compensated a minimum of two and two-thirds (2- 2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the incident exceed two and two- thirds (2-2/3) hours, the employee shall receive pay for the actual incident time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Section 5. Training Programs A. The City shall pay reasonable expenses incurred by employees attending approved training programs. Expenses include registration fees and the costs of purchasing required course materials, travel to and from the training course, meals and lodging shall be reimbursed per the City's adopted Per Diem policy. B. When an employee is sent by the City to a training program which is not a part of his regular work schedule, the employee shall receive eight (8) hours pay for each full day of training and such eight (8) hours pay shall be credited towards the computation of overtime. Section 6. Educational Incentive Pay A. Employees covered by this section who have completed forty-five (45) semester units of credit from an accredited college or university with at least sixteen (16) units in the field of Police Science shall receive the following 912542444.1 SE010-040 compensation in addition to their monthly base salary: Police Officer/Police Corporal $175/month B. Employees covered by this section who have completed sixty (60) semester units of credit from an accredited college or university with at least nineteen (19) units in the field of Police Science or have attained a POST Intermediate Certificate shall receive the following compensation in addition to their monthly base salary: Police Officer/Police Corporal $275/month C. Employees covered by this section who have completed a Bachelor's Degree from an accredited college or university with at least twenty-two (22) units in the field of Police Science or have attained a POST Advance Certificate shall receive the following compensation in addition to their monthly base salary: Police Officer/Police Corporal $375/month D. The above payment compensation shall be based on achievements over and above the job requirements established in the position classification plan for each classification. Payment to employees shall be based on the highest achievement level only; e.g., employees with an Associate’s and Bachelor's degree will receive compensation for the Bachelor's degree only. E. Employees receiving Educational Incentive Pay shall not lose that pay if they are promoted to a classification which requires the education for which the employee is receiving the additional pay. If the minimum educational requirements are lawfully changed during the term of the MOU, employees receiving educational incentive pay will not be affected by such change and will not suffer any loss of such incentive pay. F. All payments under this Section are subject to verification and approval by the City Manager. Section 7. Stand-by Pay A. Detective Supervisor(s) may be assigned by the Chief of Police to "stand-by" status. B. Detective Supervisors who are specifically assigned to respond, twenty-four (24) hours per day, to incidents shall receive eight (8) hours of compensatory time off per month. During any such month where the employee is so assigned for less than the entire month, the number of compensatory time off hours shall be reduced in an amount reflecting the pro-rated monthly time during which the employee was so assigned. Such compensatory time off hours shall be maintained in an account separate from and in addition to compensatory time off hours described in Article XI, Section 3. Any compensatory time off hours earned in accord with this Section, and not utilized by July 31st of any year shall be forfeited 1012542444.1 SE010-040 effective July 31st of any year and not converted to cash. C. Each affected employee who is assigned to the Detective Bureau and who is on "stand-by" weekend duty shall be provided two (2) hours (at straight time) of compensatory time off or pay at employee base hourly rate of pay per each weekend day. “Weekend” is described as Saturday, Sunday or any holiday preceding or following the weekend day, in the absence of any normally assigned detective. Section 8. Experience Pay For Employees Hired On or Before June 30, 2010: A. Employees represented by the Association with fulltime service as a sworn peace officer with a Municipal, County or State Police agency meeting POST standards, or their equivalent, shall be eligible to receive experience pay as set out below. B. Experience Pay shall be as follows: 1. At ten (10) years of service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary. 2. At twenty (20) years of service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary. 3. At twenty-five (25) years of City of Seal Beach sworn peace officer service (only service with the City of Seal Beach shall apply), experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary. 4. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of qualifying service stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time. For Employees Hired On or After July 1, 2010: A. Employees represented by the Association with full-time service as a sworn peace officer with the City of Seal Beach shall be eligible to receive experience pay as set out below. B. Experience pay shall be as follows: 1. At ten (10) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary. 1112542444.1 SE010-040 2. At twenty (20) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary. 3. At twenty-five (25) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary. 4. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time. Section 9. Movie Detail Unit employees shall be paid 1.5 times their regular rate of pay for outside movie details. It is understood that time spent on movie details is brokered outside work and is not considered time worked for the purpose of calculating City overtime compensation. Section 10. Bilingual Compensation Upon the recommendation of the Chief of Police, the City Manager may award a bilingual compensation bonus of fifty-two dollars and fifty cents ($52.50) per payroll period to an officer utilized by the Department for his/her bilingual skills. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee’s proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual compensation. ARTICLE VII - FRINGE BENEFIT ADMINISTRATION Section 1. Administration The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of this MOU unless otherwise specified within this MOU. Any changes in benefits associated with a change in insurance carrier or administrator may only be accomplished during the term of the MOU by agreement of the parties, except in cases of emergency. In an emergency, the City may make a change in order to avoid loss of coverage for employees, and subsequently negotiate impacts and effects. 1212542444.1 SE010-040 Section 2. Selection and Funding In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of the MOU, provided that the benefits of the employees and affected retirees shall be no less than those in existence as of implementation of this MOU. Section 3. Limits A. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive calendar days, unless specifically provided for within this MOU, authorized by the City Manager or otherwise provided for by federal or state "Family Leave Acts" and/or "Workers Compensation" requirements. B. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee who has been absent without authorization during said month, suspended without pay, or who has terminated from City employment unless specifically provided for within this MOU. C. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee when such premiums or fringe benefits are provided to the employee through Workers Compensation and/or the Disability Insurance Plan. Section 4. Changes If, during the term of this MOU, any changes of insurance carrier or method of funding for any benefit provided hereunder is contemplated, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage. ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY INSURANCE Section 1. Health Care Coverage A. “Health Care Coverage.” The City shall contribute an equal amount towards the cost of Health Care coverage under PEMHCA for both active employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the minimum contribution amount established by CalPERS on an annual basis. Effective January 1, 2024 the City’s contribution under PEMHCA shall be one hundred fifty-seven dollars ($157), and may be changed by CalPERS each year. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For 1312542444.1 SE010-040 employees participating in the City’s full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Beginning January 1, 2024 the monthly flex dollar allowance shall be: A portion of the flex dollar allowance ($157 in 2024) is identified as the City’s contribution towards PEMHCA. The PEMHCA contribution will be subject to change as the PEMHCA minimum contribution increases. Remaining flex dollars will be used by employees to participate in the City’s health plans. B. Subject to Public Employees' Retirement System (PERS) administration requirements, the City shall make available to eligible employees participation in the group Health Care plans offered by PERS. C. Employees who elect not to participate in the full flex cafeteria plan may receive three-hundred and fifty dollars ($350) per month (upon showing proof of group health insurance coverage (not including insurance through Covered California or other exchange) for the employee and their immediate tax family providing minimum essential coverage. Election forms are available in Human Resources and must be completed annually in order to receive the opt out payments. Section 2. Health Insurance Plan for Retirees A. The City shall provide to any retired employee (either service or disability), who is hired after August 1, 1983 and on or before December 31, 2007, and retires after December 31, 2009, and who has attained the age of fifty (50) the following group health care insurance benefits: 1. If the employee has fifteen (15) or more years of full-time City of Seal Beach service, the City shall pay for such retired employee at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. 2. If the employee has twenty (20) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and one dependent, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health Calendar Year 2024 For single employees:$1,166.99 For employee +1 dependent:$1,803.38 454.41For employee + 2 or more dependents:$2,332.12 1412542444.1 SE010-040 care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. 3. If the employee has twenty-five (25) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and dependents, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. B. The City shall provide to any retired employee (either service or disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or more years of full-time City of Seal Beach service and has attained the age of fifty (50) the following group Healthcare insurance benefits: The City shall contribute the minimum PEMHCA rate as determined by CalPERS. Section 3. Life Insurance Plan The City shall pay one hundred percent (100%) of the premium for a term life insurance policy with a face value of seventy-five thousand dollars ( $75,000), double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($1,000) per dependent. Section 4. Disability Insurance Plan The City shall pay one hundred percent (100%) of the premium for the "employee's" long-term disability insurance plan with an income continuation of not less than sixty-six and two-thirds percent (66-2/3%) of the employee's monthly base salary subject to caps and eligibility requirements as set forth within the policy of the accepted carrier. Modifications to the plan shall be made only after the City has met and consulted with the Association. Section 5. Annual Physical The City shall provide a physical exam periodically as indicated below for the purpose of detecting heart trouble and cancer. The exam shall be given by a City appointed physician who is acceptable to the Association. Cost of said physical exam shall be borne by the City. The resulting diagnosis shall be submitted to the 1512542444.1 SE010-040 City as well as the employee together with specifics of corrective treatment. Physical Exam Schedule: 1.New Employee Second year following appointment 2.Employee under 40 Alternate years 3.Employee 40 & over Every year ARTICLE IX - RETIREMENT A. The City shall make contributions to the CalPERS plan known as three percent (3%) at fifty (50) with those benefit options as provided for in the contract between the City and CalPERS for employees defined by the Public Employees’ Pension Reform Act (PEPRA) as “classic members” (meaning those persons who were members of CalPERS or a reciprocal California public pension plan as of December 31, 2012). B. New employees/members hired on or after January 1, 2013 as defined by PEPRA will be hired at the retirement formula in accordance with PEPRA and other legislation. New members entering membership for the first time in a Police Safety classification shall be eligible for the two point seven percent (2.7%) at fifty-seven (57) retirement formula for Local Safety members. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. In no event shall the City make contributions to the CalPERS plans for new members. C. Modification(s) to the contract shall be made only after the City has met and consulted with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of CalPERS. ARTICLE X - HOURS OF WORK Section 1. Work Period A. The work period for law enforcement personnel (as defined by the Fair Labor Standards Act) shall be three hundred thirty-six (336) contiguous hours fourteen (14) consecutive days). All full-time law enforcement personnel shall be regularly assigned one of the following work schedules: 1. “Three-Twelve” - three (3) consecutive three (3) day work weeks consisting of three (3) twelve (12) hour and twenty (20) minute work days followed by a four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute work days and one (1) twelve (12) hour work day. 2. “Four-Ten” - a work week consisting of ten (10) hours/day, four (4) days/week. 3. “Five-Eight” - a work week consisting of eight (8) hours/day, 1612542444.1 SE010-040 five (5) days/week. Section 2. Three-Twelve Work Schedule A. The standard work week shall be thirty-seven (37) hours or forty-nine (49) hours depending on the number of days worked in a work week pursuant to A.1. above. B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during the forty-nine (49) hour work week of the work period will be considered regular straight time hours for the intention to report forty (40) hours of regular hours during a work week. ARTICLE XI - OVERTIME COMPENSATION Section 1. Overtime Defined for Eligible Law Enforcement Personnel A. Three-Twelve Work Week: Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article X, Section 1. or time worked on scheduled days off. B. Four-Ten Work Week: Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article X, Section 1. or time worked on scheduled days off. C. Five-Eight Work Week: Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article X, Section 1. or time worked on scheduled days off. Section 2. Compensation for Overtime A. Authorized non-FLSA overtime shall be compensated in pay or compensatory time at the rate of one and one-half (1-1/2) times the base hourly rate of pay. B. In computing overtime for a work period, time absent from duty as a result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as time deemed to have been worked. Section 3. Compensatory Time A. Employees may elect to receive compensatory time in lieu of pay for overtime subject to B. and C. below. B. Should an employee desire to take compensatory time off, he shall file a written request with the Chief of Police who shall grant time off unless it interferes with the normal operation staffing of the police department. C. Employees shall be permitted to accumulate a maximum of seventy- 1712542444.1 SE010-040 five (75) hours of compensatory time. An employee who has accumulated seventy- five (75) hours of compensatory time will be reimbursed within the pay period earned for any overtime in excess of seventy-five (75) hours maximum. D. An employee may, upon written request submitted to and approved by the City Manager, receive reimbursement for the requested number of hours of accumulated compensatory time equal to or below the cap of seventy-five (75) hours. Reimbursement shall occur with the next regular payroll following the pay period in which the employee's written request has been approved by the City Manager. Section 4. Overtime Reporting In order for an employee to earn compensation for overtime, he must receive the supervisor's or the Chief of Police's approval. Overtime worked to meet an emergency situation does not require advance approval, but shall be certified by the Chief of Police before being credited to the employee's record. ARTICLE XII - HOLIDAYS Section 1. Recognized Holidays The City will recognize the following designated holidays each fiscal year: Independence Day (July 4th) Labor Day (1st Monday in September) Veterans’ Day (November 11) Thanksgiving Day (4th Thursday in November) Christmas Eve (December 24th) Christmas Day (December 25th) New Year’s Day (January 1st) Martin Luther King Day (3rd Monday in January) Presidents’ Day (3rd Monday in February) Section 2. Memorial Day Floating Holidays (Last Monday in May) The date on which a floating holiday will be used may be individually selected by the employee subject to the approval of the Chief of Police. Approval will not normally be granted if it would require the Department to backfill the employee’s position at time-and-one-half (1-1/2) to maintain necessary staffing/deployment levels. A floating holiday cannot be used on any of the designated holidays recognized by the City or on another floating holiday. To request to use, or cash out, a floating holiday, an employee must submit a completed “Request for leave/overtime and special pay report”. Beginning in December, 2024 and each December thereafter, floating holidays may be cashed out only pursuant to the irrevocable election process described in Article XIII, Vacation. 1812542444.1 SE010-040 The past practice of the City in permitting the stacking of floating holidays is specifically eliminated by the above language. Section 3. Compensation for Holidays A. Compensation for a Holiday when No Work is Performed on a Holiday. When a holiday falls on a day that the employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. The “regular hourly rate”, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, longevity, POST, temporary assignment, standby, bilingual, shift differential, and cafeteria cash in-lieu (including any cash payments for opting out). To the extent that the parties omitted from the list above any elements of the FLSA regular rate, the parties shall promptly meet and confer for the purpose of amending the list of included items to replicate the FLSA regular rate. The parties’ intent of creating the list above in this MOU is to comply with CalPERS requirements, not to change the manner of paying holiday pay. B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday falls on a day that the employee performs work (whether the day is the employee’s scheduled work day or not), the employee shall be paid as follows: 1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid “hardship” pay as follows: a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours, and c. Pay for the number of hours of work the employee actually performed on the holiday, at the employee’s base hourly rate of pay. Example 1: Officer A works six (6) hours on Christmas Day. Officer A would earn pay computed as follows: Hours Pay Rate 12.33 hours holiday pay regular hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as 1912542444.1 SE010-040 applicable under MOU 6 hours hardship pay base hourly rate 2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid: a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay as per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours. Example 2: Officer B works 8 hours on Veterans’ Day. Officer B would earn pay computed as follows: Hours Pay Rate 12.33 hours holiday pay regular hourly rate 8 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU C. The past practice of the City paying hardship holiday pay to an employee on a designated hardship holiday when in fact said employee did not work on the designated hardship holiday is specifically eliminated by the above language. Section 4. Conversion of Hardship Pay to Time Off An employee may choose to convert any hardship pay to time off or non- FLSA compensatory time at the rate of one hour of hardship pay converting to one hour of time off or to one hour of non-FLSA compensatory time. ARTICLE XIII - VACATION Section 1. Eligibility All regular full-time employees having completed one (1) year of continuous service with the department and annually thereafter, shall be eligible for a paid vacation at their then existing rate of pay. Section 2. Accrual A. Vacation leave is accumulated yearly and is computed on the basis of the employee's hire date as a regular full-time or probationary employee. B. Years of service, for purpose of vacation accrual, shall be from the date of initial employment as a full-time probationary or regular employee to the anniversary date concluding the full year of the designated year. 2012542444.1 SE010-040 C. All eligible unit employees hired after February 1, 1998 will accrue vacation leave by the following schedule: Years Of Hours Max. Hourly Accrual Annual Service Earned Rate/Pay Period Bi-Weekly Vacation Hours 0-5 Years 80 3.0769 80 hours 6-14 120 4.6153 120 hours 15-19 160 6.1538 160 hours 20+200 7.6923 200 hours D. An eligible employee hired on or before February 1, 1998 shall accrue vacation leave by the following schedule: Years Of Hourly Accrual Rate Annual Service Per Pay Period Accrual Rate 0-5 4.615 120 hours 6 4.923 128 hours 7 5.231 136 hours 8 5.486 144 hours 9 5.539 152 hours 10-19 6.154 160 hours 20+7.692 200 hours Section 3. Maximum Accrual A. An employee may accumulate unused vacation to a maximum of four hundred (400) hours. If the needs of the service require that a sworn employee be denied the use of accrued vacation time and such denial is anticipated to result in a cessation of accrual, the employee may request that his maximum accrual be increased to an amount not to exceed the amount accrued in the preceding thirty- six (36) month period. Such request must be submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval of the Chief of Police and City Manager. B. The accrual of vacation shall cease when an employee's accumulated vacation is at the maximum provided in this Section. Additional vacation shall begin accruing when the employee's vacation balance falls below the maximum. C. An employee on Injury on Duty (IOD) status or leave may accrue vacation up to the maximum under this section. Should the employee reach maximum accumulation, the City shall cash out the equivalent hours that the employee has taken for vacation during the fiscal year. Should the employee reach maximum again after the cash out while still on IOD or leave, accruals shall cease. Section 4. Use of Vacation 2112542444.1 SE010-040 A. The time at which an employee's vacation is to occur shall be determined by the Chief of Police with due regard for the wishes of the employee and particular regard for the needs of the service. When an employee uses accrued vacation for leave, the vacation hours used shall come from the oldest accrued hours first. B. Employees who have completed two (2) years or more of continuous service may elect to be paid for up to a maximum of eighty (80) hours of accumulated vacation up to twice per calendar year. Beginning in December 2024, and in each December thereafter, employees eligible to cash out vacation hours and who wish to convert vacation hours to salary, may do so only by making an irrevocable election in writing of the number of hours they will accrue in the next calendar year that they choose to cash out. Employees who make the irrevocable election may choose to receive the cash out in July and/or December. The maximum cash out that can be elected to be paid out in July and/or December is limited by the employee’s accrued and unused vacation earned in that calendar year available for cash out on the date of cash out. All cash- out of vacation pursuant to this provision is from hours earned in the current calendar year. The City shall have a form available for employees to make this irrevocable election and for employees to request an exception to the irrevocable election requirement for unforeseeable emergencies occurring after the election window period. The request for an exception is subject to the City Manager’s approval. The City’s decision on a request for an exception shall not be subject to the grievance procedure. . Section 5. Vacation Payment at Termination A. Employees terminating employment shall be paid in a lump sum for all accumulated vacation no later than the next regular payday following termination. B. When termination is caused by death of the employee, the employee's beneficiary shall receive the employee's pay for unused vacation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee. Section 6. Vacation Accrual During Leave of Absence No vacation shall be earned during any leave of absence without pay for each fourteen (14) day period (pay period) of such leave. Section 7. Prohibition Against Working for City During Vacation Employees shall not work for the City during their vacation and, thereby, receive double compensation from the City. 2212542444.1 SE010-040 ARTICLE XIV - LEAVES OF ABSENCE Section 1. Authorized Leave of Absence Without Pay A. Upon the Police Chief's recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed ninety (90) working days. B. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (1) year. C. At the expiration of the approved leave of absence, after notice to return to duty, the employee shall be reinstated to the position held at the time the leave of absence was granted. Failure on the part of the employee to report promptly at such leave of absence's expiration and receipt of notice to return to duty shall be cause for discharge. D. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits except as specifically provided for in this MOU, except that the City shall contribute to an employee's healthcare and dental plan, disability insurance plan, and life insurance plan for the first thirty (30) calendar days of the leave of absence. Section 2. Bereavement Leave A. Employees may be granted up to forty (40) hours of paid bereavement leave of absence, plus an additional twenty-two (22) unpaid hours by the reason of a death in their family which shall be restricted and limited to immediate family by reason of biology, marriage, or adoption. Family of employee covered by this provision: Spouse or Registered Domestic Partner Parent (means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child). Father and Mother In-Law (means a parent of an employee’s spouse or domestic partner as defined in this section). Grandparent (means a parent of the employee’s parent, as defined in this section). Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent). Child (means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.) Grandchild means a child of the employee’s child as defined in this section) 2312542444.1 SE010-040 All degree of relatives not listed but living within the household of the employee Employees may use any of their accumulated leave balances to receive pay during the additional twenty two (22) hours of unpaid bereavement leave. Section 3. Military Leave of Absence A. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Chief of Police of such leave request ten (10) working days in advance of the beginning of the leave. B. In addition to provision of State law, the City shall continue to provide eligible employees on military leave the current health benefits (healthcare, dental, disability and life insurance and retirement (if applicable) for the first three (3) months of military leave. During said period, the employee shall be required to pay to the City the same co-payments as required of other employees. After the first three (3) months of military leave, the employee may continue said benefits at his cost. Section 4. This section was intentionally left blank and has been reserved for future use. Section 5. Unauthorized Absence Unauthorized absence is days, or portions of days, wherein an employee is absent from work without City approval. Unless subsequently approved, such absence will result in a deduction from the employee's pay of an amount equivalent to the time absent. Employees taking unauthorized absence may be subject to disciplinary action, up to and including termination of employment. Section 6. Catastrophic Leave A. Establishment – A Catastrophic Leave Program for the Association was established which allows donation of paid time for employees represented by the Association. B. Purpose – The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basis to assist employees who have no remaining leave bank balances and who will suffer a financial hardship due to prolonged illness or injury to themselves, or a member of their immediate family. Sick Leave is excluded from this program. The conditions of this program are as follows: 1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2412542444.1 SE010-040 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible for catastrophic leave. 4. Employees receiving Long-Term Disability payments may participate in this program, but may not receive combined payments that would exceed their normal take home pay. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have forty (40) hours of paid leave available after making a donation. 7. Donating employees must complete a Catastrophic Leave Program form with a signed authorization, and includes specifying the specific employee to be a recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s inability to perform normal duties. ARTICLE XV - JURY DUTY Section 1. Compensation for Jury Duty A. Employees required to report for jury duty shall be granted leave of absence for such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall receive full payment for the time served on jury duty, provided the employee remits any fees received for such jury service, excluding payment for mileage, to the City's Finance Department. Compensation for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be returned to the employee by the Finance Department. B. If the sum of the employee's jury duty responsibilities is less than a full work day; the employee shall contact his supervisor as to the feasibility of 2512542444.1 SE010-040 returning to work that day. ARTICLE XVI - SICK LEAVE Section 1. General Sick Leave Provisions A. Sick leave shall be used only in cases of actual personal sickness or disability, medical or dental treatment, and family leave or as authorized by the City Manager under special circumstances. The employee requesting sick leave shall notify his immediate supervisor or Chief of Police prior to the time set for reporting to work. Sick leave with pay shall not be allowed unless the employee has met and complied with the provisions of this MOU. B. Sick leave shall not be granted for disability arising from any sickness or injury purposely self-inflicted or caused by an employee's own willful misconduct. C. The Department Head may require employees to present proof of physical fitness for duty for sick leaves in excess of five (5) consecutive working days. Section 2. Eligibility All employees covered by this MOU shall be eligible to accrue sick leave. Section 3. Accrual A.Sick leave shall be accrued at the rate of twelve and one-third (12- 1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours and/or has been on authorized leave which provides for full pay, for at least fifteen (15) working days in that month. B. Sick leave accrued pursuant to A. above for unit employees hired prior to July 1, 1985, will be placed into a newly established sick leave bank at the rate of twelve and one-third (12-1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours. This new sick leave bank, established February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. Section 4. Accumulation and Payment A. There is no limit on the amount of sick leave that an employee may accumulate. B. An employee may be paid for unused sick leave pursuant to the following: 1. Employees who have not completed fifteen (15) years of services with the City will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated sick leave be used to postpone the effective date of 2612542444.1 SE010-040 retirement as determined by the City. 2. Upon separation from the City, employees who have completed a minimum of fifteen (15) years of service with the City shall have the choice to: a) Be paid for the accumulated sick leave up to twenty percent (20%) of the accumulated sick leave bank. b) Convert the hours to eight (8) hours work days and report to CalPERS for service credit. c) Or any combination of pay and service credit (maximum twenty percent [20%] payout compensation) of total/accumulated sick leave bank at the time of separation. d) Compensation shall be at the employees’ final hourly rate of pay. e) Accumulated sick leave shall not be used to postpone the effective date of the retirement as determined by the City. 3. Employees employed prior to July 1, 1985, who are retired because of work related disabilities will be paid all of their accumulated sick leave at their final base hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will be placed in the sick leave bank set forth in Section 3.B above, and is not eligible for this payout provision. Section 5. Sick Leave During Vacation An employee who becomes ill while on vacation may have such period of illness charged to his accumulated sick leave provided that: A. Immediately upon return to duty, the employee submits to his supervisor a written request for sick leave and a written statement signed by his physician describing the nature and dates of illness. B. The Chief of Police recommends and the City Manager approves the granting of such sick leave. Section 6. Extended Sick Leave In the event of an employee's continuing illness which results in depletion of sick leave accumulation, the employee may request in writing, to the Chief of Police and City Manager, a leave of absence without pay for the purpose of recovering from the illness, provided: A. The employee has used all of his accumulated sick leave. B. The employee presents to his department head for referral to and consideration by the City Manager, a written explanation of the employee's illness and an estimate of the time needed for recovery signed by the employee's physician. 2712542444.1 SE010-040 C. Prior to resuming his duties, the employee may be required to take a medical examination at City expense and provide a medical release to return to work from the employee's physician as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager in determining the employee's fitness to return to work. D. The maximum period of such leave shall be ninety (90) calendar days. If the employee desires an extension, he shall follow, prior to the termination of the initial leave, the procedure described in Section 6.B above. Section 7. Family Leave Upon a demonstration of need and subject to the following conditions, an employee may take sick leave and/or unpaid leave to care for his newborn infant, whether through parentage or adoption, or a seriously ill or injured member of the Employee’s "immediate family" as defined in Article XIV Section 2. Bereavement Leave, and shall also include a “Designated Person” which means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave. A. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. B. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date preceding the time when the leave is to begin. C. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. D. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. E. Family leave may be granted only upon the recommendation of the Chief of Police and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. F. A maximum of four hundred (400) working hours of family leave in any combination of sick leave and unpaid leave may be taken during any two (2) year period unless a greater amount is prescribed by state or federal law. Section 8. On The Job Injury Employees who are disabled by injury or illness arising out of and in the course of their duties as public safety employees of the City, shall be entitled to the 2812542444.1 SE010-040 benefits of California Labor Code Section 4850 as the Section now exists or is hereinafter amended. Any payments made pursuant to this Section shall not be charged as sick leave; sick leave and vacation benefits shall accrue during the period of disability pursuant to the provision of California Labor Code Section 4850. Section 9. Off The Job Injury An employee injured outside of his service with the City shall be compensated through the disability insurance plan provided by the City. ARTICLE XVII - PROBATIONARY PERIODS Section 1. Appointment Following Probation Period A. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of twelve (12) months of service. B. When unusual circumstances merit the extension of the probationary period, the Chief of Police shall request, in writing, approval of the City Manager. Said extension shall not exceed one hundred eighty (180) calendar days. Human Resources shall notify the Chief of Police and the probationer concerned no-less- than two (2) weeks prior to the termination of any probationary period. C. If the service of a probationary employee has been satisfactory, the Chief of Police shall file with Human Resources a statement, in writing, that the retention of the employee is desired. No actions changing an employee's status from probationary to regular full-time shall be made or become effective until approved by the City Manager. Section 2. Objective of Probationary Period The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position, and for rejecting any probationary employee whose performance does not meet the required standards of work. Section 3. Employee Performance Appraisal A. Each probationary employee shall have his performance evaluated at the end of each three (3) months of service or at more frequent intervals when deemed necessary by the Chief of Police. Regular employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the Chief of Police. Such evaluation shall be reported in writing and in the form approved by Human Resources. B. The written appraisal report of an employee's performance evaluation shall be filed in triplicate, the original to be filed with Human Resources and made a part of the employee's personnel records, one (1) copy to be retained by the 2912542444.1 SE010-040 department, and one (1) copy to be given to the employee. Section 4. Rejection of Probationary Employee A. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Chief of Police, with approval of the City Manager, without cause and without right of appeal, except the right of appeal of punitive action as may be provided by law. Notification of rejection, in writing, shall be served on the probationary employee and a copy filed with Human Resources. A termination interview may be conducted with each rejected probationer. B. An exception will be applied where the probationary employee's job termination or dismissal is based on charges of misconduct which stigmatizes his reputation or seriously impairs his opportunity to earn a living, or which might seriously damage his standing and association in the community. Where there is such a deprivation of a "liberty interest", the employee shall be given pre- disciplinary procedural due process as defined in the City of Seal Beach Personnel Rules and Regulations and this Memorandum of Understanding. Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure as outlined in the Personnel Rules and Regulations. ARTICLE XVIII - LAYOFF PROCEDURES Section 1. Policy The policy for layoff procedures shall be as adopted in City's Personnel Rules and Regulations. ARTICLE XIX - MISCELLANEOUS PROVISIONS Section 1. Tuition Reimbursement A. Higher Education Degree Programs Unit members attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to two (2) semesters of full-time, undergraduate enrollment. Reimbursement is contingent upon the successful completion of the course. For any course that could be taken for a letter grade, it must be taken for a letter grade and successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. For any course that can only be taken for a grade of “credit” or “no credit”, successful completion means a grade of “credit”. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T. courses attended on duty. 3012542444.1 SE010-040 2020-2021 State University Tuition $ Required University Fees $ Parking $ Example 1: Officer A attends California State University, Long Beach, for the Spring 2024 semester and completes two (2) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows: 1,764.00 (0-6 units) 647.00 (approx.) 300.00 Books $ 535.00 (approx.) TOTAL $ 3,246.00 Example 2: Officer B attends California State University, Long Beach, for the Spring 2024 semester and completes three (3) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows: 2023-2024 State University Tuition $ 3,042.00 (6.1 or more units) Required University Fees $ 647.00 (approx.) Parking $ 300.00 Books $ 535.00 (approx.) TOTAL $ 4,524.00 B. Professional Conventions and Conferences Unit members who attend job related conventions and conferences that are not sponsored by the Department may submit for reimbursement under the tuition reimbursement program for the cost of enrollment. Attendance of conventions and conferences must be job related and pre-approved by the Chief of Police. The cost of travel, sustenance, and lodging is not reimbursable under tuition reimbursement per IRS Publication 970. Travel, sustenance, and lodging may be reimbursable via the Department’s Meetings and Conference budget. Employee is to submit a request to the Chief of Police prior to travel for approval in order to receive reimbursement for travel, sustenance, and lodging after the conference. All receipts for expenses must be attached to the reimbursement request and submitted to the Chief of Police for approval, and forwarded to the City Manager for final review and approval. Section 2. Physical Fitness Program The physical fitness program is a voluntary program for all sworn officers utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU. Section 3. Health Wellness Program Beginning July 2024, the City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance 3112542444.1 SE010-040 exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year, subject to the City’s normal reimbursement processes and requirements for such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING Section 1. It is the intent of the parties hereto that the provisions of this MOU shall incorporate all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel resolutions or administrative codes, provisions of the City, oral or written, expressed or implied, between the parties, and shall govern the entire relationship, and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law. Section 2. Notwithstanding the provision of Section 1., there exists within the City certain personnel rules and regulations and police department rules and regulations. To the extent that this MOU does not specifically contradict these personnel rules and regulations or police department rules and regulations or City ordinances, they shall continue subject to being changed by the City in accordance with the exercise of City rights under this MOU and applicable state law. Section 3. Except as provided herein, other terms and conditions of employment, oral or written, express or implied that are presently enjoyed by employees represented by the Association shall remain in full force and effect during the entire term of this MOU unless mutually agreed to the contrary by both parties hereto. ARTICLE XXI - CONCERTED REFUSAL TO WORK Section 1. Prohibited Conduct A. The Association, its officers, agents, representatives, and/or members agree that they will respect relevant law and judicial decisions regarding the withholding or diminishment of services to influence negotiations conducted under Section 3500 et seq. of the California Government Code. B. The City agrees that it shall not lock out its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work employees of the City in the exercise of rights as set forth in any of the provisions of this MOU or applicable ordinance or law. C. Any employee who participates in any conduct prohibited in subparagraph A. above may be subject to termination. D. In addition to any other lawful remedies or disciplinary actions 3212542444.1 SE010-040 available to the City, if the Association fails, in good faith, to perform all responsibilities listed in Section 2., Association Responsibility, below, the City may suspend certain rights and privileges accorded to the Association under the Employer-Employee Relations Resolution or by this MOU including, but not limited to, access to the grievance procedure and use of the City's bulletin boards and facilities. Section 2. Association Responsibility In the event that the Association, its officers, agents, representatives or members engage in any of the conduct prohibited in Section 1. above, Prohibited Conduct, the Association or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they should immediately cease engaging in conduct prohibited in Section 1. above, Prohibited Conduct, and return to work. ARTICLE XXII - EMERGENCY WAIVER PROVISION Section 1. In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum of Understanding or the Personnel Rules and Regulations of the City, which prevent the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Memorandum of Understanding and any Personnel Rules and Regulations. ARTICLE XXIII - SEPARABILITY Section 1. Should any provision of the MOU be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and shall govern. If there is a conflict between the Personnel Rules and Regulations and a specific provision of this MOU, the MOU provision shall be applied. ARTICLE XXV - MOU REOPENERS Section 1. The Association and the City shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State Agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU, in order to comply with State or Federal laws. ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING 3312542444.1 SE010-040 Section 1. The terms of this Memorandum of Understanding shall commence on July 1, 2023 and continue in full force and effect through June 30, 2025 - a two (2) year contract. Section 2. The City of Seal Beach and the Police Officers’ Association agree to commence negotiations for the next contract year by April 1, 2025. ARTICLE XXVII - RATIFICATION Section 1. This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such ratification, approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. SEAL BEACH POLICE OFFICERS’ ASSOCIATION REPRESENTATIVES: Corporal Ben Jaipream, President Date: CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES: Jill R. Ingram, City Manager Date: Patrick Gallegos, Assistant City Manager Date: 3412542444.1 SE010-040 EXHIBIT A SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM INTRODUCTION The physical fitness program is a voluntary program for all sworn officers. Officers work out on their off duty time and may, depending upon availability of funds and staffing needs, in return receive compensation back to them after meeting the minimum requirements of the tests at the end of each six (6) month period. Officers may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six (6) month period. The maximum time each officer will be able to achieve is up to forty (40) vacation hours earned annually for as long as the officer continues successfully in the program. ENROLLMENT To start the program, each officer must contact the Physical Fitness Committee and advise them of your intent. You will need to have a doctor’s release to allow you to participate in the program. A copy of the physical requirements of the physical fitness program should be reviewed by your doctor when obtaining your release. For details of the annual physical exam refer to Article XIII section 6 of the SBPOA MOU. TESTING Each officer participating will be tested every six (6) months, specifically in the months of January and July. A minimum level has been established for each test. Participants will have to move up a category or reach maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation time. Testing may be conducted during on-duty hours at the Watch Commanders discretion. The Physical Fitness Committee will perform the testing. ALLOCATION OF HOURS Employees will be awarded four (4) hours for successfully completing each test as set forth in TESTING above. No employee shall receive any hours if they fail to meet the minimum standards for at least three (3) of the five (5) tests. 3512542444.1 SE010-040 PHYSICAL FITNESS COMMITTEE The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of Police. The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters. VALIDATED HEALTHCARE PROBLEM CLAUSE Those officers who for validated Healthcare reasons cannot participate in the fitness program as designed may contact the Physical Fitness Committee for program modification. Validated Healthcare problems are those diagnosed by a physician as limiting participation in a certain activity. REQUIRED TEST The physical fitness needs of Police Officers fall into three (3) areas: o Cardio Fitness o Strength o Flexibility The tests outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to evaluate fitness in these areas will be: Cardio Fitness:1.5 Mile run Strength:Push-ups Sit-ups Pull-ups Flexibility:Forward Stretch HEALTHCARE COVERAGE Participation in the program will be on a voluntary basis. Any exercise workouts done under this program, i.e. weight lifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, The city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program. All employees must receive clearance from their personal physician prior to beginning program participation. 3612542444.1 SE010-040 CARDIO FITNESS TESTS - 1.5 Mile Run Officers will run a one point five (1.5) mile course established by the Training Unit. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures ones aerobic capacity or the ability of the heart and lungs to utilize oxygen. Under 30 Below 30-34 Below 35-39 Below Excellent 10:15 11:00 11:30 Good 10:16-12:00 11:01-12:30 11:31-13:00 Fair 12:01-14:30 12:31-15:00 13:01-15:30 Poor 14:31-16:30 15:01-17:00 15:31-17:30 Very Poor 16:31-Above 17:01-Above 17:31-Above Maintenance Level 11:00 12:00 12:30 Minimum Level 14:30 15:15 15:30 40-44 Below 40-49 Below 50 + Below Excellent 12:00 12:15 12:30 Good 12:01-13:30 12:16-13:45 12:31-14:30 Fair 13:31-16:00 13:46-16:15 14:31-17:00 Poor 16:01-18:00 16:16-18:15 17:01-19:00 Very Poor 18:01-Above 18:16-Above 19:01-Above Maintenance Level 13:00 13:30 14:00 Minimum Level 15:45 16:00 16:45 STRENGTH TESTS The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his fist on the ground below the officer's chest. The officer must keep his back straight at all times and from the up position, lower him/herself to the floor until his chest touches his partner's hand and then push to the up position again. The officers can rest in the up position. The total number of correct push-ups are recorded and compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical confrontations such as pushing, pulling, controlling, and handcuffing. 3712542444.1 SE010-040 Under 30 30-39 40-49 50 + Excellent 43 -37 -30 -25 + Good 28-42 23-36 20-29 17-24 Fair 20-27 17-22 15-19 12-16 Poor 5-19 3-16 2-14 2-11 Very Poor 4-Below 2-Below 2-Below 1-Below Maintenance Level 40 35 25 18 Minimum Level 18 15 13 11 PULL-UPS Officer will hold bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Officer must pull his body up to a position where his chin is above the bar for one repetition. The total number of correct pull-ups are recorded and compared to the standards on the chart. In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull down seventy percent (70%) of their body weight ten (10) times in order to achieve maintenance level. Under 30 30-39 40-49 50 + Excellent 9 & Above 7 & Above 6 & Above 5 & Above Good 8 6 5 4 Fair 6-7 4-5 3-4 2-3 Poor 5 3 2 1 Very Poor 4 & Above 2 & Above 1 & Above 0 Maintenance Level 8 6 5 4 Minimum Level 5 3 2 1 SIT-UPS Officer starts by lying on his/her back, knees bent, heels flat on the floor and arms folded across the chest. A partner holds the feet down. In the up position, the officer will touch his elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is a continuous exercise, no resting. The total number of correct sit- ups are recorded and compared to the standards on the chart. This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems. 3812542444.1 SE010-040 *1 CONTINUOUS MINUTE * Under 30 30-39 40-49 50 + Excellent 51 & Above 45 & Above 40 & Above 36 & Above Good 40-50 34-44 27-39 23-39 Fair 35-39 29-33 20-26 16-22 Poor 24-34 18-28 7-19 6-15 Very Poor 23 -17 -6 -5 - Maintenance Level 45 40 35 30 Minimum Level 30 25 20 15 FLEXIBILITY Officer sits on the ground with his legs out straight in front of him. Heels of feet are placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his toes with his fingertips as far as he can. The distance above or below his heels is measured. The distance is recorded as plus or minus inches. Plus inches is below the heels and negative is above the heels. Compare the results against the standards on the chart. Under 30 30-39 40-49 50 + Excellent +10" & Below +9" & Below +8" & Below +7" & Below Good +4" to 9.5"+ 3.5" to 8.5"+1" to 7.5"0 to +6.5" Fair +1.5" to 3.5"+1" to 3"-2" to +.5"-3" to -.5" Poor -4.5" to +1"-6.5" to +.5"-9" & Above -10" to 3.5" Very Poor -5" & Above -7" & Above -9.5 & Above -10.5"& Above Maintenance Level +5"+4"+1"0" Minimum Level 0"-2"-4"-5" 12548722.1 SE010-040 SEAL BEACH POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING Resolution ___7180 - Exhibit _C_A ADOPTED:July 1____,20240 EXPIRES: June 30, 20253 I12548722.1 SE010-040 SEAL BEACH POLICE MANAGEMENT ASSOCIATION TABLE OF CONTENTS ARTICLE 1. TERM OF AGREEMENT ......................................................1 Section 1. …..............................................................................................1 Section 2. .................................................................................................1 ARTICLE 2. RECOGNITION AND MEMBERSHIP ...................................1 Section 1..................................................................................................1 Section 2..................................................................................................1 Section 3..................................................................................................1 ARTICLE 3. SALARIES ............................................................................2 Section 1. ..................................................................................................2 ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES ..............................2 Section 1. ..................................................................................................2 Section 2. ..................................................................................................2 ARTICLE 5. INDEMNIFICATION ..............................................................3 ARTICLE 6. CITY RIGHTS ........................................................................3 Section 1. ..................................................................................................3 Section 2. ..................................................................................................4 ARTICLE 7. COMPENSATION PLAN .....................................................4 Section 1. ..................................................................................................4 Section 2. ..................................................................................................4 Section 3. ..................................................................................................4 Section 4. ..................................................................................................4 ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES ..............................................................................5 Section 1. ..................................................................................................5 Section 2. ..................................................................................................5 Section 3. ..................................................................................................5 Section 4. ..................................................................................................5 ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION............5 Section 1. ..................................................................................................5 Section 2. ..................................................................................................5 ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION ...........5 ARTICLE 11. ADJUSTMENT OF SALARY GRADES ..............................6 II12548722.1 SE010-040 ARTICLE 12. SALARY AND BENEFITS SUSPENSION ..........................6 ARTICLE 13. SPECIAL PAY PROVISIONS .............................................6 Section 1. Uniform Allowance ....................................................................6 Section 2. Safety Equipment ......................................................................6 Section 3. Temporary Assignment Pay .......................................................6 Section 4. Deferred Comp …………………………………………………… 7 ARTICLE 14. COURT TIME ......................................................................7 Section 1...................................................................................................7 Section 2...................................................................................................7 Section 3...................................................................................................7 ARTICLE 15. CALL-BACK .......................................................................7 Section 1. ..................................................................................................7 Section 2. ..................................................................................................8 ARTICLE 16. STAND-BY PAY..................................................................8 Section 1. ..................................................................................................8 Section 2. ..................................................................................................8 Section 3 ……………………………………………………………………….9 ARTICLE 17. MOVIE DETAIL ...................................................................9 Section 1. ................................................................................................9 ARTICLE 18. EXPERIENCE PAY .............................................................9 Section 1. ................................................................................................9 Section 2. ................................................................................................9 Section 3. ................................................................................................9 Section 4. ................................................................................................9 Section 5. ................................................................................................9 Section 6. ................................................................................................9 Section 7. ..............................................................................................10 Section 8. ..............................................................................................10 Section 9. ..............................................................................................10 Section 10. ..............................................................................................10 Section 11. ……………………………………………………………………10 ARTICLE 19. EDUCATION INCENTIVE PAY.........................................10 Section 1...............................................................................................10 Section 2...............................................................................................11 Section 3...............................................................................................11 Section 4...............................................................................................11 Section 5...............................................................................................11 Section 6...............................................................................................11 Section 7...............................................................................................11 312548722.1 SE010-040 ARTICLE 20. TUITION REIMBURSEMENT ...........................................11 Section 1. ……………………………………………………………………..11 ARTICLE 21. PHYSICAL FITNESS PROGRAM ....................................12 ARTICLE 22. TRAINING PROGRAMS ...................................................12 Section 1. ...............................................................................................12 Section 2. ...............................................................................................13 ARTICLE 23. HOLIDAYS ........................................................................13 Section 1................................................................................................13 Section 2................................................................................................13 Section 3................................................................................................14 Section 4................................................................................................15 ARTICLE 24. FRINGE BENEFIT ADMINISTRATION ............................15 ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING .............16 ARTICLE 26. FRINGE BENEFIT LIMITS ................................................16 Section 1..……. ......................................................................................16 Section 2. ................................................................................................16 ARTICLE 27. FRINGE BENEFIT CHANGES..........................................16 ARTICLE 28. HEALTH CARE COVERAGE ...........................................16 Section 1. Health Care Coverage .............................................................16 Section 2. Health Insurance Plan for Retirees ...........................................17 ARTICLE 29. LIFE INSURANCE ............................................................18 ARTICLE 30. DISABILITY INSURANCE PLAN .....................................18 ARTICLE 31. SECTION 125 PLAN .........................................................18 ARTICLE 32. ANNUAL PHYSICAL ........................................................19 ARTICLE 33. RETIREMENT ...................................................................19 Section 1. ................................................................................................19 Section 2. ……………………………………………………………………...19 ARTICLE 34. HOURS OF WORK – WORK PERIOD .............................20 Section 1. Work Period .............................................................................20 Section 2. Three-Twelve Work Schedule...................................................20 Section 3. Reporting to California Public Employees’ Retirement System 412548722.1 SE010-040 (PERS) ..........................................................................................20 ARTICLE 35. OVERTIME COMPENSATION .........................................20 Section 1. Overtime Defined ....................................................................20 Section 2. Compensation for Overtime ....................................................21 Section 3. Compensatory Time ................................................................21 Section 4. Approval for Overtime .............................................................21 ARTICLE 36. VACATION ........................................................................22 Section 1. Eligibility ..................................................................................22 Section 2. Accrual ....................................................................................22 Section 3. Maximum Accrual....................................................................22 Section 4. Use of Vacation .......................................................................23 Section 5. Vacation Payment at Termination ...........................................23 Section 6. Vacation Accrual During Leave of Absence ............................23 Section 7. Prohibition Against Working for City During Vacation ..............23 ARTICLE 37. LEAVE OF ABSENCE ......................................................23 Section 1. ………………………………………………………………………23 ARTICLE 38. UNAUTHORIZED ABSENCE ...........................................24 ARTICLE 39. BEREAVEMENT LEAVE ..................................................24 Section 1. ………………………………………………………………………24 ARTICLE 40. MILITARY LEAVE OF ABSENCE ....................................25 Section 1. ................................................................................................25 Section 2. ................................................................................................25 ARTICLE 41. INTENTIONALLY LEFT BLANK ………………………….25 ARTICLE 42. JURY DUTY ......................................................................25 Section 1. ……………………………………………………………………… 25 ARTICLE 43. SICK LEAVE .....................................................................25 Section 1. Accrual - Sworn Positions .........................................................25 Section 2. Sick Leave During Vacation ....................................................26 Section 3. Extended Sick Leave ..............................................................27 Section 4. General Sick Leave Provisions ...............................................27 Section 5. Fitness for Duty .......................................................................27 Section 6. Accrual and Payment-Non-Sworn Positions…………………...27 Section 7. ……………………………………………………………………….28 ARTICLE 44. CATASTROPHIC LEAVE .................................................28 Section 1. Establishment..........................................................................28 512548722.1 SE010-040 Section 2. Purpose ..................................................................................28 ARTICLE 45. FAMILY LEAVE (FMLA/CFRA) ........................................29 ARTICLE 46. ON-THE-JOB INJURY ......................................................29 ARTICLE 47. OFF-THE-JOB INJURY ....................................................29 ARTICLE 48. PERSONNEL RULES AND REGULATIONS ...................29 Section 1. .................................................................................................29 Section 2. .................................................................................................29 ARTICLE 49. PROBATIONARY PERIODS ............................................29 Section 1. ................................................................................................29 Section 2. Objective of Probationary Period. ...........................................30 Section 3. Employee Performance Appraisal...........................................30 Section 4. Rejection of Probationary Employee .......................................30 ARTICLE 50. LAYOFF PROCEDURES ..................................................31 ARTICLE 51. MOU REOPENERS...........................................................31 Section 1. ………………………………………………………………………31 ARTICLE 52. INTENTIONALLY LEFT BLANK……………………………31 ARTICLE 53. NO STRIKE - NO LOCKOUT............................................31 Section 1.................................................................................................31 Section 2.................................................................................................31 Section 3.................................................................................................31 Section 4.................................................................................................31 ARTICLE 54. EMERGENCY WAIVER PROVISION ...............................32 Section 1. …………………………………………………………………….. 32 ARTICLE 55. SEPARABILITY PROVISION ...........................................32 Section 1. ……………………………………………………………………….32 ARTICLE 56. SAVINGS CLAUSE...........................................................32 Section 1. ………………………………………………………………………32 ARTICLE 57. RATIFICATION .................................................................32 EXHIBIT A…..…………………………………………………………………..34 112548722.1 SE010-040 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND SEAL BEACH POLICE MANAGEMENT ASSOCIATION The duly authorized representatives of the City of Seal Beach (hereinafter referred to as “City”) and the SEAL BEACH POLICE MANAGEMENT ASSOCIATION (hereinafter referred to as "Association”), having met and conferred in good faith concerning the issues of wages, hours and other terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding (MOU). The terms and conditions set forth in this MOU shall be of no force and effect unless and until this MOU is approved and adopted by the City Council of the City of Seal Beach. Unless otherwise specifically provided for herein, whenever a compensation change is indicated as occurring effective upon City Council adoption of this MOU, the compensation change shall commence during the first payroll period commencing after the Council adoption of this MOU. ARTICLE 1. TERM OF AGREEMENT Section 1. The term and effective date of this memorandum shall be July 1, 20230 through and including June 30, 20253. Section 2. The Agreement may be extended beyond June 30, 20253 if both parties concur in writing. ARTICLE 2. RECOGNITION AND MEMBERSHIP Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance No. 769, as amended, the City has recognized, for the purposes of this Memorandum of Understanding, the SEAL BEACH POLICE MANAGEMENT ASSOCIATION as the majority representative of the employees in the bargaining unit, which includes Police Department full-time employees in the safety classifications and assignments of Police Sergeant, Police Captain and Police Lieutenant. Section 2. The City recognizes the Association as the representative of the employees in the classifications and assignments set forth in Section 1 above for the purpose of meeting its obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act, Government Code Section 3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or other terms and conditions of employment are amended or changed. Section 3. The City agrees that the representatives of the Association, not to exceed six (6) in number, shall be entitled to meet and confer with Management 212548722.1 SE010-040 during said representatives’ normal working hours without suffering any loss in pay while absent from their duties for such purpose, providing that such time per person shall not be unreasonable. The City also agrees that such representatives may utilize not more than six (6) hours per month or seventy-two (72) hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are represented by the Association and/or other officers of the Association. ARTICLE 3. SALARIES Section 1. The following monthly base salary grade increases shall be provided to employees occupying all classifications represented by the Association. The monthly base salary increases shall be effective during the first full pay period in July of the following indicated years 1) Effective the first full pay period beginning after in July 1, 20230 Position Grade Increases Police Records Supervisor 28 2.5 %Police Sergeant 37 2.5 %Police Lieutenant 41 2.5 %Police Captain 44 2.5 % 2) Effective the first full pay period beginning after 1in July 1, 20241 Position Grade Increases Police Records Supervisor 28 2.5 3%Police Sergeant 37 2.5 3%Police Lieutenant 41 2.5 3%Police Captain 44 2.5 3% 3) Effective the first full pay period in July 2022 Position Grade Increases Police Records Supervisor 28 3% Police Sergeant 37 3% Police Lieutenant 41 3% Police Captain 44 3% Section 2. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding The City shall make two (2) Non-PERSable lump sum payments of $2,000 each (subject to applicable withholdings) on the following dates, to each bargaining unit members employed by the City on the date the payments are made. Payments will be made on the following dates: a.On the date that payroll is paid for the first pay period beginning after this MOU is ratified by both the City Council and the membership of the PMA; and b.On the date that payroll is paid for the first pay period beginning after August 31, 2024. 312548722.1 SE010-040 ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES Section 1. The City will provide voluntary payroll deductions for all employees represented by the Association for regular and periodic dues and benefit program premiums. as specified by agreement between the City and the Association and signed by the member. The Authorization Form content shall be mutually agreed to by the Association and the City. The Association shall certify to the City the names of employees who have authorized membership dues deductions, any employee who declines membership in the Association, and the amounts of dues deductions as they change from time to time. Section 2. The City shall remit such funds to the Association within twenty-one (21) calendar days following the deductions. 412548722.1 SE010-040 ARTICLE 5. INDEMNIFICATION The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to Article 4. ARTICLE 6. CITY RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The City may exercise its management rights unilaterally without the obligation of meet and confer on the decision to exercise such rights. However, the City shall meet and confer on the impact and effects thereof pursuant to Section 2 of this Article. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law shall include, but not be limited to, the following rights: a) To manage the City generally and to determine the issue of policy; b) To determine the existence or nonexistence of facts which are the basis of the Management decision; c) To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services; d) To determine the nature, manner, means and technology and extent of services to be provided to the public; e) To determine the methods of financing; f) To determine the types of equipment or technology to be used; g) To determine and/or change the facilities, methods, technological means, and size of the work force by which the city operations are to be conducted; h) To determine and change the number of locations, relocations and type of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract or subcontract any work or operation of the City; i) To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; j) To establish and modify productivity and performance programs and standards; k) To relieve employees from duties for lack of work, or funds, or similar non- disciplinary reasons; l) To discharge, suspend. demote, or otherwise discipline employees for proper cause; m) To determine job classification and to reclassify employees; n) To hire, transfer, promote and demote employees for disciplinary and non- disciplinary reasons; o) To determine and administer policies, procedures and standards for 512548722.1 SE010-040 selection, training, and promotion of employees; p) To establish employee performance standards including but not limited to, qualifications and quantity standards and to require compliance therewith; q) To maintain order and efficiency in its facilities and operations; r) To establish and promulgate and/or modify Rules and Regulations to maintain order and safety in the City which are not in contravention of this MOU; s) To take any and all necessary actions to carry out the mission of the City in emergencies. Section 2. Except in emergencies or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of Management's rights shall impact on employees represented by the Association, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this MOU or in the Personnel Rules and Regulations, Safety Resolutions and Municipal Code which are incorporated herein by reference in this MOU. By agreeing to meet and confer with the Association as to the impact and exercise of any of the foregoing City rights, Management’s discretion in the exercise of these rights shall not be diminished. ARTICLE 7. COMPENSATION PLAN Section 1. All employees covered by this Memorandum of Understanding shall be included under the Basic Compensation Plan. Every classification under this plan shall be assigned a monthly base salary grade adopted by the City Council. The salary schedule shall consist of five (5) steps within each grade. Section 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than normal entering salary step within the assigned grade upon the recommendation of the Chief of Police and approval of the City Manager when it is decided that such action is in the best interest of the City. Section 3. The second step in the monthly base salary grade is a merit adjustment which may be given at the end of six (6) months of employment subject to the recommendation of the Chief of Police and approval of the City Manager. Section 4. The third, fourth, and fifth steps are merit adjustments to encourage an employee to improve his/her work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of one (1) year of service at the preceding step. Each adjustment may be made subject to the recommendation of the Chief of Police and approval of the City Manager. 612548722.1 SE010-040 ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES Section 1. In order to properly compensate an employee, advancement in salary shall be based on merit. Section 2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. Section 3. The Chief of Police and/or the employees’ immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Chief of Police and approval of the City Manager. Section 4. An employee must be reviewed at least once every twelve (12) months from the effective date of his/her last performance step increase, special performance advancement or promotion. Nothing contained herein shall restrict the Chief of Police from denying the increase after evaluation, nor shall it prevent him/her from recommending special performance advancement in monthly base salary at any time when unusual or outstanding achievement has been demonstrated. ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION Section 1. Promotional Appointment – When an employee is promoted to a position with a higher monthly base salary grade, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received prior to promotion. Section 2. Temporary Appointment – In special circumstances, when in the best interest of the City, the City Manager may approve a temporary assignment of an employee to a higher-level classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to the temporary appointment. ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION In the case of a demotion of any employee represented by the Association to a classification with a lower maximum salary, such employee shall be assigned to the appropriate monthly base salary step in the new classification as recommended by the Chief of Police and approved by the City Manager. The employee shall retain his/her previous anniversary date. 712548722.1 SE010-040 ARTICLE 11. ADJUSTMENT OF SALARY GRADES When a salary grade for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing monthly base salary adjusted to the same relative step in the new monthly base salary grade and their anniversary date shall not be changed. For example, an employee at “C” Step in the old salary grade shall be placed at “C” step of the new salary grade. ARTICLE 12. SALARY AND BENEFITS SUSPENSION During suspension from City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he/she shall not forfeit his/her medical health plans including dental, disability insurance, or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits for any portion of the suspension that is disapproved. ARTICLE 13. SPECIAL PAY PROVISIONS Section 1. Uniform Allowance – Whether or not said sworn employee wears a traditional uniform, each sworn employee shall receive an annual uniform allowance of one thousand three hundred dollars ($1,300). The civilian position of Police Records Supervisor shall receive an annual uniform allowance of four hundred dollars ($400). Beginning July 1, 2024, a sworn employee, whether or not said sworn employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand five hundred dollars ($1,500) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of three hundred dollars ($300) effective the first payroll period following July 1st of each fiscal year. The civilian position of Police Records Supervisor shall continue to receive an annual uniform allowance of four hundred dollars ($400) Section 2. Safety Equipment – The City shall provide the initial issue of uniforms to include two (2) pants and two (2) shirts and, for sworn employees utility equipment to include weapon, safety helmet, baton, and other safety equipment as required by law or deemed necessary by the City. The City shall replace and/or repair any equipment damaged within the course and scope of the employees’ employment. Recurring maintenance, repair, and/or replacement due to normal wear shall be responsibility of the employee. Section 3. Temporary Assignment Pay A. The City shall provide a special assignment pay enhancement, which recognizes multiple tours of duty to a maximum of five percent (5%) of base salary as follows with the express understanding that the standard departmental rotational requirements shall apply: 812548722.1 SE010-040 1. Special assignment pay may only be paid for one position and cannot be combined with any other positions (i.e. a detective currently assigned to the SWAT team will only receive a total of five percent (5%) of base salary special assignment pay at any one time. 2. Special assignment pay lasts only through the term of the assignment. 3. The following list of assignments shall be considered special assignments: a) Motorcycle Patrol Premium 912548722.1 SE010-040 b) Special Weapons and Tactics (SWAT) c) Crisis Negotiator Team (CNT) d) Detective Division Premium e) Police Administrative Officer f) Detention Services Premium g) Rangemaster Premium Section 4. Deferred Compensation 1. The City contributes twenty dollars ($20) per payroll period into a deferred compensation program for the Police Records Supervisor position. ARTICLE 14. COURT TIME Section 1. An employee called for a subpoenaed court appearance which arises out of the course of his/her employment and not contiguous with his/her work shift shall be compensated for a minimum of two and two-thirds (2-2/3) hours at the rate of one and one-half (1-1/2) times the employee’s base hourly rate of pay. Should the appearance exceed two and two-thirds (2-2/3) hours, an FLSA exempt the employee shall receive pay for the actual appearance time, excluding any court designated lunch period, at the rate of one and one-half (1-1/2) times the employee’s regular hourly rate of pay. Should the appearance exceed two and two- thirds (2-2/3) hours, a non-FLSA exempt employee shall receive pay for the actual appearance time, not excluding including any court designated lunch period, at the rate of one and one-half (1-1/2) times the employee’s regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police station to go directly to Court. Section 2. Any appearance that is contiguous with a regular work shift is not subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is contiguous with a regular work shift is not subject to the one and one-half (1-1/2) time rate unless the court appearance otherwise qualifies as overtime under this MOU. Section 3. All employees agree to comply with the “on-call” policies administered by the Department. Should an officer be placed “on-call” during off duty hours for court appearance(s), he/she shall be granted two (2) hours pay at the employee’s base hourly rate of pay for any “on-call” time prior to twelve o’clock (12:00) noon and two (2) hours for all “on-call” time after twelve o’clock (12:00) noon. ARTICLE 15. CALL-BACK Section 1. Employees who are called back to duty after having completed a normal shift or work dayworkday assignment and departed from the work premises shall be paid one and one-half (1-1/2) times the employee’s base hourly rate of pay for each hour worked on call-back. The number of hours calculated at one-and- one- half (1-1/2) times shall not be less than four (4) hours. Should a call-back exceed four (4) hours, the employee shall receive pay for the actual call-back time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of 1012548722.1 SE010-040 pay. Call-back time shall commence from the time the employee is called back to service. 1112548722.1 SE010-040 Section 2. Employees who are off duty and respond for departmental training, qualification or meetings shall be compensated a minimum of two and two-thirds (2-2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the incident exceed two and two-thirds (2-2/3) hours, the employee shall receive pay for the actual incident time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. ARTICLE 16. STAND-BY PAY Section 1. Police Sergeant(s) and Lieutenants may be assigned by the Chief of Police to “stand-by” status. Section 2. Police Sergeants and Lieutenants required to be on stand-by shall be eligible to accrue up to a maximum of eight (8) hours of stand-by leave per month, subject to the following limitations. During any such month when an employee is required to be on stand-by for less than the entire month, the maximum number of stand-by leave hours accrued shall be reduced in an amount reflecting the pro-rated monthly time during which said employee is expected to be “on stand-by.” Such stand-by leave hours shall be maintained in the employees’ Stand-by Leave banks. The parties encourage employees to use their stand-by leave within two (2) months after it is accrued. The employees may not have an accumulated balance of more than twenty-four (24) hours of stand-by leave at any time. If an employee’s stand-by leave balance reaches twenty-four (24) hours, his/her accrual of stand-by leave shall cease. The employee’s accrual of stand-by leave shall not begin again until the employee's accumulated stand-by leave balance falls below twenty-four (24) hours. Section 3. Police Captains shall be eligible to accrue up to a maximum of ninety-six (96) hours of administrative leave on July 1st of each year, subject to the following limitations. Such administrative leave hours shall be maintained in the employees’ Administrative Leave banks. The parties encourage employees to use their administrative leave during the fiscal year (July 1st through June 30th) in which it is accrued. An employee may not have more than ninety-six (96) hours of administrative leave on the books at any time. If an employee does not use all of his/her administrative leave within the fiscal year in which the employee accrued it, he/she will not accrue the maximum number of administrative leave hours in the next fiscal year. Instead, the employee will only earn that number of administrative leave hours, on July 1st of each year that will bring the employee’s balance of administrative leave hours up to the maximum number. Because administrative leave cannot be removed from an employee once earned, and the parties do not want employees to have more administrative leave on the books than would be received within the current fiscal year, any hours of administrative leave carried over at the end of the fiscal year results in the employee being unable to accrue that same amount of administrative leave in the next fiscal year. Thus, for example, if an employee uses only eighty (80) hours of administrative leave during a fiscal year and carries over sixteen (16) hours of administrative leave to the next fiscal year, that employee will only 1212548722.1 SE010-040 accrue eighty (80) hours of administrative leave on July 1st, bringing the employee’s administrative leave balance, on July 1st, up to the ninety-six (96) hours maximum. ARTICLE 17. MOVIE DETAIL Section 1. FLSA exempt eEmployees shall be paid seventy dollars ($70) per hour for outside movie details. Non-FLSA exempt unit employees shall be paid 1.5 times their regular rate of pay for outside movie details. It is understood that time spent on movie detail is brokered outside work and is not considered time worked for the purpose of calculation City overtime compensation. ARTICLE 18. EXPERIENCE PAY For Employees Hired On or Before June 30, 2010: Section 1. Qualified eEmployees represented by the Association with a minimum of ten (10) years of full-time service as a sworn peace officer with a Municipal, County, or State Police agency meeting Police Officer Standards and Training (P.O.S.T.) standards, or their equivalent, shall be eligible to receive experience pay as set out below. Section 2. To qualify for experience pay, an employee must meet the minimum years of service required and receive an overall satisfactory performance appraisal reviewed, approved, and signed by the Chief of Police, his/her designee, or an individual acting in the capacity of the Chief of Police. The recommendation of Experience Pay is subject to verification and approval by the City Manager. Section 23. Experience pay – Ten (10) Years of Service – Atfter ten (10) years of qualifying service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee’s monthly base salary. Section 34. Experience pay – Twenty (20) Years of Service – Atfter twenty (20) years of qualifying service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary. Section 45. Experience pay -- Twenty-five (25) Years of City of Seal Beach Service – Atfter twenty-five (25) years of City of Seal Beach Service (only service with the City of Seal Beach shall apply), experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary. Section 56. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time. 1312548722.1 SE010-040 For Employees Hired On or After July 1, 2010: Section 67. Qualified eEmployees represented by the Association with a minimum of ten (10) years of full- time service as a sworn peace officer with the City of Seal Beach shall be eligible to receive experience pay as set out below. Section 78. To qualify for experience pay, an employee must meet the minimum years of service required and receive an overall satisfactory performance appraisal signed by the Chief of Police, his designate or an individual acting in his capacity. Section 89. Experience pay shall be as follows: A. Atfter ten (10) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary. B. Atfter twenty (20) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary. C. Atfter twenty-five (25) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary. Section 10. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time. Section 11. For Non-Sworn Employees: 1. Qualified nNon-sworn employees represented by the Association with ten (10) years or more of consecutive Seal Beach service shall be eligible to receive experience pay under only Section 2 3, above. Section 3, 4,5, and 79 do not apply to non-sworn employees represented by the Association. ARTICLE 19. EDUCATION INCENTIVE PAY Section 1. Forty-five (45) Semester Units of College Credits – Employees covered by this Article who have completed forty-five (45) semester units of credit from an accredited college or university with at least sixteen (16) units in the field of Police Science shall receive three hundred dollars ($300) per month in addition to his/her monthly base salary. This Article is only applicable to sworn employees in the bargaining unit represented by the Association. Non-sworn employees represented by the Association are not eligible for Education Incentive Pay. 1412548722.1 SE010-040 Section 2. Sixty (60) Semester Units of College Credits or Intermediate P.O.S.T. Certification - Employees covered by this Article who have completed sixty (60) semester units of credit from an accredited college or university with at least nineteen (19) units in the field of Police Science or have attained a P.O.S.T. Intermediate Certificate shall receive four hundred dollars ($400) per month in addition to his/her monthly base salary. Section 3. Bachelor of Arts/Bachelor of Science (BA/BS) Degree or Advanced P.O.S.T. Certification - Employees covered by this Article who have completed BA/BS Degree from an accredited college or university with at least twenty-two (22) units in the field of Police Science or have attained a P.O.S.T. Advanced Certificate shall receive five hundred dollars ($500) per month in addition to his/her monthly base salary. Section 4. The Education Incentive payment compensation shall be based on achievements over and above the job requirements established in the position classification plan for each classification. Payment to employees shall be based on the highest achievement level only; e.g., employees with an Associate’s and Bachelor's degree will receive compensation for the Bachelor's degree only. Section 5. Employees receiving Educational Incentive pay shall not lose that pay if he/she is promoted to a classification which required the education for which the employee is receiving the additional pay. If the minimum educational requirements are lawfully changed during the term of the MOU, employees receiving educational incentive pay will not be affected by such change and will not result in any loss of such incentive pay. Section 6. All payments under this Article are subject to verification and approval by the City Manager. Section 7. Employees serving an original probationary period shall be ineligible to receive educational incentive pay. ARTICLE 20. TUITION REIMBURSEMENT Section 1. Tuition Reimbursement A. Higher Education Degree Programs - Unit members attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to two (2) semesters of full- time, undergraduate enrollment. Reimbursement is contingent upon the successful completion of the course. For any course that could be taken for a letter grade, it must be taken for a letter grade and successful completion means a grade of “C” or better for 1512548722.1 SE010-040 undergraduate courses and a grade of “B” or better for graduate courses. For any course that can only be taken for a grade of “credit” or “no-credit”, successful completion means a grade of “credit”. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T. courses attended on duty. Example 1: Officer A attends California State University, Long Beach, for the Spring 2021 2024 semester and completes two (2) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows: 20202023-2021 2024 State University Tuition $ 1,6651,764.00 (0-6 units) Required University Fees $554647.00 (approx.) Parking $175300.00 Books $ 535.00 (approx.) TOTAL $ 2,9293,246.00 Example 2: Officer B attends California State University, Long Beach, for the Spring 2021 2024 semester and completes three (3) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows: 20203-2021 2024 State University Tuition $ 2,8713042.00 (6.1 or more units) Required University Fees $554647.00 (approx.) Parking $175300.00 Books $ 535.00 (approx.) TOTAL $ 4,1354,524.00 B. Professional Conventions and Conferences - Unit members who attend job related conventions and conferences that are not sponsored by the Department may submit for reimbursement under the tuition reimbursement program for the cost of enrollment. Attendance of conventions and conferences must be job related and pre-approved by the Chief of Police. The cost of travel, sustenance, and lodging is not reimbursable under tuition reimbursement per IRS Publication 970. ARTICLE 21. PHYSICAL FITNESS AND HEALTH WELLNESS PROGRAMS The physical fitness program is a voluntary program for all sworn officers utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU. Beginning July 2024, the City shall reimburse all unit n Eemployees, as a medical benefit, for the Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year, subject to the City’s normal reimbursement processes and requirements for such expenses. Reimbursable expenses shall include, but not be 1612548722.1 SE010-040 limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. ARTICLE 22. TRAINING PROGRAMS Section 1. The City shall pay reasonable expenses incurred by employees attending approved training programs. Expenses include registration fees and the costs of purchasing required course materials, travel to and from the training 1712548722.1 SE010-040 course, meals and lodging shall be reimbursed per the City’s adopted Per Diem policy. Section 2. When an employee is sent by the City to a training program which is not a part of his/her regular work schedule, the employee shall receive eight (8) hours pay for each full day of training and such eight (8) hours pay shall be credited towards the computation of overtime. ARTICLE 23. HOLIDAYS Section 1. Recognized Holidays The City will recognize the following designated holidays each fiscal year: Independence Day (July 4th) Labor Day (1st Monday in September) Veterans’ Day (November 11) Thanksgiving Day (4th Thursday in November) Christmas Eve (December 24th) Christmas Day (December 25th) New Year’s Day (January 1st) Martin Luther King Day (3rd Monday in January) Presidents’ Day (3rd Monday in February) Section 2. Memorial Day Floating Holidays (Last Monday in May) The City will also recognize two (2) floating holidays each fiscal year for sworn employees in the bargaining unit. The City will also recognize one (1) floating holiday each fiscal year for non-sworn employees in the bargaining unit. Each unit sworn employee shall be eligible to accrue up to a maximum of two (2) floating holidays on July 1st of each year, subject to the following limitations. non-sworn employee shall be eligible to accrue up to a maximum of one (1) floating holiday on July 1st of each year, subject to the following limitations. The floating holidays shall be taken, or cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued. A sworn employee may not have more than two (2) floating holidays on the books at any time. A non-sworn employee may not have more than one (1) floating holiday on the books at any time. If an employee does not use, or cash out, all of his/her floating holidays within the fiscal year in which the employee accrued them, he/she will not earn the maximum number of additional floating holidays in the next fiscal year. Instead, the employee will only earn that number of floating holidays, on July 1st of each year that will bring the employee’s balance of floating holidays up to the maximum number. Thus, for example, if a sworn employee uses, or cashes out, only one floating holiday during a fiscal year, that sworn employee will only accrue one additional floating holiday on July 1st of the following fiscal year, bringing the sworn employee’s floating holiday balance up to two (2) floating holidays. The parties encourage employees in the unit to use their floating 1812548722.1 SE010-040 holidays. Since floating holidays cannot be removed from an employee once earned, and the parties do not want employees to have more floating holidays on the books than would be received within the current fiscal year, a floating holiday(s) carried over at the end of the fiscal year results in the employee being unable to earn that holiday(s) in the next fiscal year. The date on which a floating holiday will be used may be individually selected by the employee subject to the approval of the Chief of Police. Approval will not normally be granted if it would require the Department to backfill the employee’s position at time-and-one-half to maintain necessary staffing/deployment levels. A floating holiday cannot be used on any of the designated holidays recognized by the City or on another floating holiday. To request to use, or cash out, a floating holiday, an employee must submit a completed “Request for leave/overtime and special pay report”. Beginning in December, 2024 and each December thereafter, floating holidays may be cashed out only pursuant to the irrevocable election process described in Article 36, Vacation. The past practice of the City in permitting the stacking of floating holidays is specifically eliminated by the above language. Section 3. Compensation for Holidays A. Compensation for a Holiday when No Work is Performed on a Holiday. When a holiday falls on a day that a sworn employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. When a holiday falls on a day that a non- sworn employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid ten (10) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. The “regular rate of pay”, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, longevity, POST, temporary assignment, standby, bilingual, shift differential, cafeteria cash in-lieu (including any cash payments for opting out) and City contribution to 457 plan. To the extent that the parties omitted from the list above any elements of the FLSA regular rate, the parties shall promptly meet and confer for the purpose of amending the list of included items to replicate the FLSA regular rate. The parties’ intent of creating the list above in this MOU is to comply with CalPERS requirements, not to change the manner of paying holiday pay. B. Compensation for a Holiday when Work is Performed on a Holiday. 1912548722.1 SE010-040 When a holiday falls on a day that a sworn employee performs work (whether the day is the employee’s scheduled work day or not), the employee shall be paid as follows: 1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid “hardship” pay as follows: a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours, and c. Pay for the number of hours of work the employee actually performed on the holiday, at the employee’s base hourly rate of pay. 2012548722.1 SE010-040 Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn pay computed as follows: Hours Pay Rate 12.33 hours holiday pay regular hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU 6 hours hardship pay base hourly rate 2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid: a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay as per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours. Example 2: Officer B works eight (8) hours on Veterans’ Day. Officer B would earn pay computed as follows: Hours Pay Rate 12.33 hours holiday pay regular hourly rate 8 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU C. The past practice of the City paying hardship holiday pay to an employee on a designated hardship holiday when in fact said employee did not work on the designated hardship holiday is specifically eliminated by the above language. Section 4. Conversion of Hardship Pay to Time Off An employee may choose to convert any hardship pay to time off or non- FLSA compensatory time at the rate of one hour of hardship pay converting to one hour of time off or to one hour of non-FLSA compensatory time. ARTICLE 24. FRINGE BENEFIT ADMINISTRATION The City reserves the right to select the insurance carrier or administer any fringe benefit program that now exist or may exist in the future during the term of this MOU, unless otherwise specified within this MOU. Any changes in benefits associated with a change in insurance carrier or administrator may only be accomplished during the term of the MOU by agreement of the parties, except in cases of emergency. In an emergency, the City may make a change in order to avoid loss of coverage for employees, and subsequently 2112548722.1 SE010-040 negotiate effects. 2212548722.1 SE010-040 ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of the MOU, provided that the benefits of the employees and affected retirees shall be no less than those in existence as of implementation of this MOU. ARTICLE 26. FRINGE BENEFIT LIMITS Section 1. City shall not pay premium or accrue any fringe benefits afforded with this MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive calendar days, unless specifically provided for within this MOU, authorized by the City Manager, or otherwise provided for by federal or state “Family Leave Acts” and/or “Workers’ Compensation” requirements. Section 2. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee who has been absent without authorization during said month, suspended without pay, or who has terminated from City employment unless specifically provided for within this MOU. ARTICLE 27. FRINGE BENEFIT CHANGES If, during the term of this MOU, any changes of insurance carrier or method of funding for any benefit provided hereunder is contemplated, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage. ARTICLE 28. HEALTH CARE COVERAGE Section 1. Health Care Coverage A. “Health Care Coverage” The City shall contribute an equal amount towards the cost of Health Care coverage under PEMHCA for both active sworn employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the minimum contribution amount established by CalPERS on an annual basis. Effective JulyJanuary 1st , 20240 the City’s contribution under PEMHCA shall be one hundred fifty sevenforty - three dollars ($15743). The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For employees participating in the City’s full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Beginning January 1, 2021 the monthly flex dollar allowance shall be: 2312548722.1 SE010-040 Calendar Year 2021 For single employees:$1,050 For employee +1 dependent:$1,454.41 For employee + 2 or more dependents:$1,880.83 Beginning January 1, 2024 the monthly flex dollar allowance shall be: Calendar Year 2024 For single employees:$1,166.99 For employee +1 dependent:$1,803.38 454.41For employee + 2 or more dependents:$2,332.12 2412548722.1 SE010-040 A portion of the flex dollar allowance ($143157 in 2024) is identified as the City’s contribution towards PEMHCA. The PEMHCA contribution will be subject to change as the PEMHCA minimum contribution increases. Remaining flex dollars will be used by employees to participate in the City’s health plans. B. Subject to Public Employees' Retirement System (PERS) administration requirements, the City shall make available to eligible employees participation in the group Health Care plans offered by CalPERS. C. Employees who elect not to participate in the full flex cafeteria plan may receive three-hundred and fifty dollars ($350) per month (upon showing proof of health insurance coverage under an alternative plan.) Employees that elected to opt out of the full flex cafeteria plan prior to July 1, 2020 will be permitted to receive one thousand fifty dollars ($1,050) per month (upon showing proof of health insurance coverage under an alternative plan) until June 30, 2022 and will thereafter receive three-hundred and fifty dollars ($350). Election forms are available in Human Resources. Employees who elect not to participate in the full flex cafeteria plan may receive three-hundred and fifty dollars ($350) per month (upon showing proof of group health insurance coverage (not including insurance through Covered California or other exchange) for the employee and their immediate tax family providing minimum essential coverage Election forms are available in Human Resources and must be completed annually in order to receive the opt out payments. Section 2. Health Insurance Plan for Retirees A. The City shall provide to any sworn retired employee (either service or disability) who is hired after August 1, 1983 and on or before December 31, 2007, and retires after December 31, 2009, and who has attained the age of fifty (50) the following group Health Care insurance benefits: 1. If the employee has fifteen (15) or more years of full-time City of Seal Beach service, the City shall pay for such sworn retired employee at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the sworn retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. 2. If the employee has twenty (20) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and one dependent, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the sworn retired employee becomes Medicare eligible, the City’s 2512548722.1 SE010-040 contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. 2612548722.1 SE010-040 3. If the employee has twenty-five (25) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and dependents, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. B. The City shall provide to any sworn retired employee (either service or disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or more years of full-time City of Seal Beach service and has attained the age of fifty (50) the following group Health Care insurance benefits: 1. The City shall contribute at the minimum rate under PEMHCA as mandated by CalPERS. C. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. D. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement. ARTICLE 29. LIFE INSURANCE The City shall pay one hundred percent (100%) of the premium for a term life insurance policy with a face value of seventy-five thousand dollars ($75,000), and non-sworn with a face value of fifty thousand dollars ($50,000), double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($1,000) per dependent. ARTICLE 30. DISABILITY INSURANCE PLAN The City shall pay one hundred percent (100%) of the premium for the “employee’s long-term disability insurance plan with an income continuation of not less than sixty-six and two-thirds percent (66-2/3%) of the employee’s monthly base salary, subject to caps and eligibility requirements as set forth within the policy of the accepted carrier. Modifications to the plan shall be made only after the City has met and consulted with the Association. ARTICLE 31. SECTION 125 PLAN The City will provide a Section 125 Plan (pre-tax deduction) for health, dental and child care expenses. This plan will allow for payroll deduction from the employee’s salary as designated by the employee for the purpose of 2712548722.1 SE010-040 participation. The maximum contributable dollar amount and plan year length is administered and determined by the Human Resources at the direction of the City Manager. ARTICLE 32. ANNUAL PHYSICAL The City shall provide a physical exam periodically as indicated below for the purpose of detecting heart trouble and cancer for sworn unit members. The exam shall be given by a City appointed physician who is acceptable to the Association. Cost of said physical exam shall be borne by the City. The resulting diagnosis shall be submitted to the City as well as the employee together with specifics of corrective treatment. Physical Exam Schedule: New Employee 2nd year following appointment Employee under 40 Alternate years Employee 40 & Over Every year ARTICLE 33. RETIREMENT Section 1. A. The City shall make contributions for the public safety personnel covered by this MOU to the PERS plan known as three percent at fifty (3% @ 50) with those benefit options as provided for in the contract between the City and PERS for employees defined by the Public Employees’ Pension Reform Act (PEPRA) as “classic members” (meaning those persons who were members of PERS or a reciprocal California public pension plan as of December 31, 2012). B. New employees/members hired on or after January 1, 2013 as defined by PEPRA will be hired at the retirement formula in accordance with PEPRA and other legislation. New members entering membership for the first time in a Police Safety classification shall be eligible for the two point seven percent at fifty- seven (2.7% @ 57) retirement formula for Local Safety members. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. In no event shall the City make contributions to the PERS plans for new members. C. Modification(s) to the contract shall be made only after the City has met and conferred with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of PERS. Section 2. The City shall make contributions for the non-sworn personnel covered by this MOU to the PERS plan known as two percent at fifty-five (2%@55) with those benefit options as provided for in the contract between the City and PERS. New members entering membership for the first time as non- 2812548722.1 SE010-040 sworn personnel shall be hired at the retirement formula in accordance with PEPRA and other legislations. Modification(s) to the contract shall be made only after the City has met and conferred with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of PERS. ARTICLE 34. HOURS OF WORK – WORK PERIOD Section 1. Work Period A. The work period for law enforcement personnel (as defined by the Fair Labor Standards Act) shall be three hundred thirty-six (336) continuous hours (fourteen (14) consecutive days). All full-time law enforcement personnel shall be regularly assigned one of the following work schedules: 1. "Three-Twelve" - three (3) consecutive three (3) day work weeks consisting of three (3) twelve (12) hour and twenty (20) minute work days followed by a four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute work days and one (1) twelve (12) hour work day. 2. "Four-Ten" - a work week consisting of ten (10) hours/day, four (4) days/week. 3. "Five-Eight" - a work week consisting of eight (8) hours/day, five (5) days/week. Section 2. Three-Twelve Work Schedule A. The standard workweek shall be thirty-seven (37) hours or forty-nine (49) hours depending on the number of days worked in a workweek pursuant to A.1. above. B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during the forty-nine (49) hour work week of the work period will be considered regular straight time hours for the intention to report forty (40) hours of regular hours during a workweek. Section 3. Reporting to California Public Employees’ Retirement System (PERS) - All regular hours worked, regardless of work schedule, shall be reported to PERS. ARTICLE 35. OVERTIME COMPENSATION Section 1. Overtime Defined for Eligible Law Enforcement Personnel A. Three-Twelve Workweek Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in 2912548722.1 SE010-040 Article 34, Section 1.A. or time worked on scheduled days off. B. Four-Ten Workweek Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off. C. Five-Eight Workweek Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off. Section 2. Compensation for Overtime A. Authorized non-FLSA overtime shall be compensated in pay or compensatory time at the rate of one-and-one-half (1-1/2) times the base hourly rate of pay. B. In computing overtime for a work period, time absent from duty as a result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as time deemed to have been worked. Section 3. Compensatory Time - Employees may elect to receive compensatory time in lieu of pay for overtime subject to A. and B. below. A. Should an employee desire to take compensatory time off, he/she shall provide reasonable notice, i.e., no less than fourteen (14) calendar days (one payroll cycle), and file a written request with the Chief of Police. The Chief of Police shall grant compensatory time off based on departmental manpower needs. If an employee fails to provide fourteen (14) calendar days (one payroll cycle) advance notice to the Chief of Police, the Chief of Police shall consider the request for compensatory time off and has discretionary authority to grant or deny the request. B. Employees shall be permitted to accumulate a maximum of seventy-five (75) hours of compensatory time. An employee who has accumulated seventy-five (75) hours of compensatory time will be reimbursed within the pay period earned for any overtime in excess of seventy-five (75) hours maximum. C. An employee may, upon written request submitted to and approved by the City Manager, receive reimbursement for the requested number of hours of accumulated compensatory time below the cap of seventy-five (75) hours. Reimbursement shall occur with the next regular payroll following the pay period in which the employee’s written request has been approved by the City Manager. Section 4. Approval for Overtime - In order for an employee to earn compensation for overtime, he/she must receive a supervisor’s or the Chief of Police’s approval. Overtime worked to meet an emergency situation does not 3012548722.1 SE010-040 require advance approval but shall be certified by the Chief of Police before being credited to the employee’s record. ARTICLE 36. VACATION Section 1. Eligibility – All regular full-time employees having completed one (1) year of continuous service with the department and annually thereafter, shall be eligible for a paid vacation at their then existing rate of pay. Section 2. Accrual – Vacation hours are accrued as follows: A. Vacation leave is accumulated yearly and is computed on the basis of the employee’s hire date as a regular full-time or probationary employee. B. Years of service, for purpose of vacation accrual, shall be from the date of initial employment as a full-time probationary or regular employee to the anniversary date concluding the full year of the designated year. C. All eligible unit employees hired after February 1, 1998, will accrue vacation leave by the following schedule: Years Of Hours Max. Hourly Accrual Annual Service Earned Rate/Pay Period Bi-Weekly Vacation Hours 0-5 Years 80 3.0769 80 hours 6-14 120 4.6153 120 hours 15-19 160 6.1538 160 hours 20+200 7.6923 200 hours D. An eligible employee hired on or before February 1, 1998, shall accrue vacation leave by the following schedule: Years Of Hourly Accrual Rate Annual Service Per Pay Period Accrual Rate 0-5 Years 4.615 120 hours 6 4.923 128 hours 7 5.231 136 hours 8 5.486 144 hours 9 5.539 152 hours 10-15 6.154 160 hours 16+7.692 200 hours Section 3. Maximum Accrual A. An employee may accumulate unused vacation to a maximum of four hundred (400) hours. If the needs of the service require that an employee be denied the use of accrued vacation time and such denial is anticipated to result in a cessation of accrual, the employee may request that his maximum accrual be increased to an amount not to exceed the amount accrued in the preceding thirty- 3112548722.1 SE010-040 six (36) month period. Such request must be submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval of the Chief of Police and City Manager. B. The accrual of vacation shall cease when an employee's accumulated vacation is at the maximum provided in this Section. Additional vacation shall begin accruing when the employee's vacation balance falls below the maximum. C. An employee on Injury on Duty (IOD) status or leave may accrue vacation up to the maximum under this section. Should the employee reach maximum accumulation, the City shall cash out the equivalent hours that the employee has taken for vacation during the fiscal year. Should the employee reach maximum again after the cash out while still on IOD or leave, accruals shall cease. Section 4. Use of Vacation – Vacation is granted as follows: A. The time at which an employee’s vacation is to occur shall be determined by the Chief of Police with due regard for the wishes of the employee and particular regard for the needs of the service. When an employee uses accrued vacation for leave, the vacation hours used shall come from the oldest accrued hours first. B. Employees who have completed two (2) years or more of continuous service may elect to be paid for up to a maximum of eighty (80) hours of accumulated vacation up to twice per calendar year. Beginning in December 2024, and in each December thereafter, employees eligible to cash out vacation hours and who wish to convert vacation hours to salary, may do so only by making an irrevocable election in writing of the number of hours they will accrue in the next calendar year that they choose to cash out. Employees who make the irrevocable election may choose to receive the cash out in July and/or December. The maximum cash out that can be elected to be paid out in July and/or December is limited by the employee’s accrued and unused vacation earned in the calendar year available for cash out on the date of cash out. All cash-out of vacation pursuant to this provision is from hours earned in the current calendar year. C.The City shall have a form available for employees to make this irrevocable election and for employees to request an exception to the irrevocable election requirement for unforeseeable emergencies occurring after the election window period. The request for an exception is subject to the 3212548722.1 SE010-040 City Manager’s approval. The City’s decision on a request for an exception shall not be subject to the grievance procedure. Section 5. Vacation Payment at Termination – Employees terminating employment shall be paid in a lump sum for all accumulated vacation no later than the next regular payday following termination. If the termination is due to death of the employee, the employee’s beneficiary designated on the City’s life insurance policy form in the employee’s personnel file shall receive the employee’s pay for unused vacation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee. Section 6. Vacation Accrual During Leave of Absence – No vacation shall be earned during any leave of absence without pay for each fourteen (14) day pay period of such leave. Section 7. Prohibition Against Working for City During Vacation – Employees shall not work for the City during his/her vacation and, thereby receive double compensation from the City. ARTICLE 37. LEAVE OF ABSENCE Section 1. Authorized Leave of Absence Without Pay – Authorized Leave of Absence Without Pay is granted as follows: A. Upon the Chief of Police’s recommendation and approval of the 3312548722.1 SE010-040 City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed ninety (90) working days. B. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (1) year. C. At the expiration of the approved leave of absence, after notice to return to duty, the employee shall be reinstated to the position held at the time the leave of absence was granted. Failure on the part of the employee to report promptly at such leave of absence’s expiration and receipt of notice to return to duty, shall be cause for discharge. D. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits except as specifically provided for in this Memorandum of Understanding, except that the City shall contribute to an employee’s medical and dental health plan, disability insurance plan, and life insurance plan for the first thirty (30) calendar days of the leave of absence. ARTICLE 38. UNAUTHORIZED ABSENCE Unauthorized absence is days, or portions of days, wherein an employee is absent from work without City approval. Unless subsequently approved, such absence will result in a deduction from the employee’s pay of an amount equivalent to the time absent. Employees taking unauthorized absence may be subject to disciplinary action, up to and including termination of employment. ARTICLE 39. BEREAVEMENT LEAVE Section 1. Employees may be granted up to forty (40) hours of paid bereavement leave, plus an additional twenty-two (22) additional unpaid hours by the reason of the death in their family which shall be restricted and limited to immediate family by reason of biology, marriage, or adoption, or all degree of relatives not listed but living within the household of the employee. Family lineage covered by this provision: Spouse or Registered Domestic Partner Father and Mother (Including Step parent and adoptive parent)Parent (means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child). Father and Mother In-Law (means a parent of an employee’s spouse or domestic partner as defined in this section). Grandparent (means a parent of the employee’s parent, as defined in this section). Brother and Sister (Including step sibling or sibling due to legal adoption)Sibling (means a person related to another person by blood, 3412548722.1 SE010-040 adoption, or affinity through a common legal or biological parent). Child ((means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.) Including step child, child due to marriage or legal adoption) Grandchild means a child of the employee’s child as defined in this section) (Including step grandchild, due to marriage or legal adoption) All degree of relatives not listed but living within the household of the employee Employees may use any of their accumulated leave balances to receive pay during the additional twenty two (22) hours of unpaid bereavement leave. 3512548722.1 SE010-040 ARTICLE 40. MILITARY LEAVE OF ABSENCE Section 1. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Chief of Police of such leave request ten (10) working days in advance of the beginning of the leave. Section 2. In addition to provisions of State law, the City shall continue to provide eligible employees on military leave the current health benefits (medical, dental, disability, and life insurance) and retirement (if applicable) for the first three (3) months of military leave. During said period, the employee shall be required to pay the City the same co-payments as required of other employees. After the first three (3) months of military leave, the employee may continue said benefits at his/her cost. ARTICLE 41. This article was intentionally left blank and has been reserved for future use. ARTICLE 42. JURY DUTY Section 1. Jury Duty is granted as follows: A. Employees required to report for jury duty shall be granted leave of absence for such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall receive full payment for the time served on jury duty, provided the employee remits any fees received for such jury service, excluding payment for mileage, to the City’s Department of Finance. Compensation for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be returned to the employee by the Department of Finance. B. If the sum of the employee’s jury duty responsibility is less than a full work day, the employee shall contact his/her supervisor as to the feasibility of returning to work that day. ARTICLE 43. SICK LEAVE Section 1. Accrual - Sworn Positions A. Sick leave shall be accrued at the rate of twelve and one-third (12- 1/3) hours per calendar month for each calendar month that the sworn employee has worked regularly scheduled hours and/or has been on authorized leave which provides for full pay, for at least fifteen (15) working days in that month. B. Sick leave accrued pursuant to A. above for sworn unit employees hired prior to July 1, 1985, will be placed into the established sick leave bank at 3612548722.1 SE010-040 the rate of twelve and one-third (12-1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours. This new sick leave bank, established February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. C. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. D. There is no limit on the amount of sick leave that an employee may accumulate. E. An employee may be paid for unused sick leave pursuant to the following: 1. Employees who have not completed fifteen (15) years of services with the City will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated sick leave be used to postpone the effective date of retirement as determined by the City. 2. Upon separation from the City, employees who have completed a minimum of fifteen (15) years of service with the City shall have the choice to: a) Be paid for the accumulated sick leave up to twenty percent (20%) of the accumulated sick leave bank. b) Convert the hours to eight (8) hours workdays and report to CalPERS for service credit. c) Or any combination of pay and service credit (maximum twenty percent [ 20%] payout compensation of total/accumulated sick leave bank at the time of separation). d) Compensation shall be at the employees’ final hourly rate of pay. e) Accumulated sick leave shall not be used to postpone the effective date of the retirement as determined by the City. 3. Employees employed prior to July 1, 1985, who are retired because of work related disabilities will be paid all of their accumulated sick leave at their final base hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will be placed in the sick leave bank set forth in Section 1.B above, and is not eligible for this payout provision. Section 2. Sick Leave During Vacation – An employee who becomes ill while on vacation may have such period of illness charged to his/her accumulated sick leave provided as follows: A. Immediately upon return to duty, the employee submits to his/her supervisor a written request for sick leave and a written statement signed by his/her physician describing the nature and dates of the illness. 3712548722.1 SE010-040 B. The Chief of Police recommends and the City Manager approves the granting of such sick leave. Section 3. Extended Sick Leave – In the event of an employee’s continuing illness which results in depletion of sick leave accumulation, the employee may request in writing, to the Chief of Police and City Manager, a leave of absence without pay for the purpose of recovering from the illness, provided: A. The employee has used all accumulated sick leave. B. The employee presents to his department head for referral to and consideration by the City Manager, a written explanation of the employee’s illness and an estimate of the time needed for recovery signed by the employee’s physician. C. Prior to resuming his/her duties, the employee may be required to take a medical examination at City expense and provide a medical release to return to work from the employee’s physician as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager in determining the employee’s fitness to return to work. D. The maximum period of such leave shall be ninety (90) calendar days. If the employee desires an extension, he/she shall follow, prior to the termination of the initial leave, the procedure described in Section 3.B above. Section 4. General Sick Leave Provisions – Sick leave shall not be granted for disability arising from any sickness or injury purposely self-inflicted or caused by an employee’s own willful misconduct and negligence. Section 5. Fitness for Duty - The Chief of Police may require employees to present proof of physical fitness for duty for sick leaves in excess of three five(53) consecutive working days. for those on a twelve (12) hour shift and in excess of four (4) consecutive working days for those on other shifts. Section 6. Accrual and Payment-Non-Sworn Positions A. All full-time non-sworn employees covered by this section shall accrue sick leave at the rate of ten (10) hours per month. The maximum of sick leave hours shall be 520 hours. B. Existing sick leave balances which have remained intact and have not been converted to leave time may be utilized by the employee for sick leave purposes only. C. Upon termination of employment with the City, all leave hours will be paid to the employee at the employee’s base hourly rate of pay. Existing sick leave balances, which have remained intact and have not been converted to leave time, will be paid to the employee upon termination at one-quarter (25%) of the employee’s base hourly rate of pay. 3812548722.1 SE010-040 D. Non-Sworn Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. Section 7. The Sick Leave during Vacation and Extended Sick Leave provisions in above Section 2 and 3 is also applied to the position of Police Records Supervisor. ARTICLE 44. CATASTROPHIC LEAVE Section 1. Establishment – A Catastrophic Leave Program for the Association was established which allows donation of paid time for employees represented by the Association. Section 2. Purpose – The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basis to assist employees who have no remaining leave bank balances and who will suffer a financial hardship due to prolonged illness or injury to themselves, or a member of their immediate family. Sick Leave is excluded from this program. The conditions of this program are as follows: A. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. B. The leave pool shall be administered by the Finance Department. C. Employees must be in regular full-time appointed positions to be eligible for catastrophic leave. D. Employees receiving Long-Term Disability payments may participate in this program, but may not receive combined payments that would exceed their normal take home pay. E. All donations are to be confidential, between the donating employee and the Finance Department. F. Employees donating to the pool must have forty (40) hours of paid leave available after making a donation. G. Donating employees must complete a Catastrophic Leave Program form with a signed authorization, and includes specifying the specific employee to be a recipient of the donation. H. Donations will be subject to applicable tax laws. I. The availability of Catastrophic Leave shall not delay or prevent the 3912548722.1 SE010-040 City from taking action to medically separate or disability retire an employee. J. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary. K. Catastrophic Leave due to illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s ability to perform normal duties. ARTICLE 45. FAMILY LEAVE (FMLA/CFRA) Family Leave (FMLA/CFRA) request procedures are established by City Manager Administrative Directive, Section 200-21 and are incorporated herein by reference, and shall govern. ARTICLE 46. ON-THE-JOB INJURY Sworn employees who are disabled by injury or illness arising out of and in the course of their duties as public safety employees of the City shall be entitled to the benefits of California Labor Code, Section 4850, as the Section now exists or is hereinafter amended. Any payment made pursuant to this section shall not be charged as sick leave; sick leave and vacation benefits shall accrue during the period of disability pursuant to the provisions of California Labor Code, Section 4850. ARTICLE 47. OFF-THE-JOB INJURY An employee injured outside of his/her service with the City shall be compensated through the disability insurance plan provided by the City. ARTICLE 48. PERSONNEL RULES AND REGULATIONS Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and shall govern. If there is a conflict between the Personnel Rules and Regulations and a specific provision of this MOU, the MOU provision shall be applied. Section 2. The Association and the Union agree that all City Council Policies and City Manager Administrative Directives are incorporated herein by reference, and shall continue to govern. ARTICLE 49. PROBATIONARY PERIODS Section 1. Appointment Following Probation Period – Regular full-time appointment is granted as follows: A. The original appointment and promotional appointment of 4012548722.1 SE010-040 employees shall be tentative and subject to a probationary period of twelve (12) months of service. B. When unusual circumstances merit the extension of the probationary period, the Chief of Police shall request in writing for the approval of City Manager. Said extension shall not exceed one hundred eighty (180) calendar days. Human Resources shall notify the Chief of Police and the probationer concerned no less than two weeks prior to the termination of any probationary period. C. If the service of a probationary employee has been satisfactory, the Chief of Police shall file with Human Resources a statement in writing that the retention of the employee is desired. No actions changing an employee’s status from probationary to regular full-time shall be made or become effective until approved by the City Manager. Section 2. Objective of Probationary Period – The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the required standards of the Department. Section 3. Employee Performance Appraisal – Appraisal are conducted as follows: A. Each probationary employee shall have his/her performance evaluated at the end of each three (3) months of service or at more frequent intervals when deemed necessary by the Chief of Police. Permanent employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the Chief of Police. Such evaluation shall be reported in writing and in the form approved by Human Resources. B. The written appraisal report of an employee’s performance evaluation shall be filed in triplicates, the original to be filed with Human Resources and made a part of the employee’s personnel records, one copy to be retained by the Department, and one copy to be given to the employee. Section 4. Rejection of Probationary Employee – A probationary employee can be rejected as follows: A. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Chief of Police, with the approval of the City Manager, without cause and without right of appeal, except the right of appeal of punitive actions as may be provided by law. Notification of rejection in writing shall be served on the probationary employee and a copy with Human Resources. A termination interview may be conducted with each rejected probationer. 4112548722.1 SE010-040 B. An exception will be applied where the probationary employee’s job termination or dismissal is based on charges of misconduct which stigmatizes his/her reputation or seriously impairs his/her opportunity to earn a living, or which might seriously damage his standing and association in this community. Where there is such a deprivation of a “liberty interest,” the employee shall be given pre-disciplinary procedural due process as defined in the City of Seal Bach Personnel Rules and Regulations and this Memorandum of Understanding. Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure. ARTICLE 50. LAYOFF PROCEDURES The policy for layoff procedures in the City of Seal Beach’s Rules and Regulations are incorporated herein by reference, and shall continue to govern. ARTICLE 51. MOU REOPENERS Section 1. The parties shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State Agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU, in order to comply with State or Federal laws. ARTICLE 52. This article was intentionally left blank and has been reserved for future use. ARTICLE 53. NO STRIKE - NO LOCKOUT Section 1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action by withholding or refusing to perform services. Section 2. The City agrees that it shall not lockout its employees during the term of this MOU. The term “lockout” is hereby defined so as not to include the discharge, suspension termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law. Section 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to disciplinary action up to and including discharge. Section 4. In the event that any one or more officers, agents, representatives or members of the Association engage in any of the conduct prohibited in Section 1 above, the Association shall immediately instruct any persons engaging in such conduct that they must immediately cease engaging in conduct prohibited in Section 1 above and return to work. 4212548722.1 SE010-040 ARTICLE 54. EMERGENCY WAIVER PROVISION Section 1. In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency or similar circumstances if the City Manager or his/her designee so declares, any provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any personnel rules and policies. ARTICLE 55. SEPARABILITY PROVISION Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect. ARTICLE 56. SAVINGS CLAUSE Section 1. Both parties declare that the sections, paragraphs, sentences, clauses and phrases of this Memorandum of Understanding are severable, and if any phrase, clause, sentence, paragraph or section of the Memorandum of Understanding hereby adopted shall be declared unconstitutional or otherwise invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Memorandum of Understanding. ARTICLE 57. RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of duly authorized representatives of the Association. Following such ratification, approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. 4312548722.1 SE010-040 For the CITY OF SEAL BEACH: For the SEAL BEACH POLICE MANAGEMENT ASSOCIATION: Date: Date: Jill R. Ingram, City Manager Lieutenant Captain, Nicholas Nicholas, , PMA President Patrick Gallegos, Assistant City Manager Sgt. Chris Hendrix , PMA Vice President 4412548722.1 SE010-040 EXHIBIT A SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM INTRODUCTION The physical fitness program is a voluntary program for all sworn officers. Officers work out on their off duty time and may, depending upon availability of funds and staffing needs, in return receive compensation back to them after meeting the minimum requirements of the tests at the end of each six (6) month period. Officers may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six (6) month period. The maximum time each officer will be able to achieve is up to forty (40) vacation hours earned annually for as long as the officer continues successfully in the program. ENROLLMENT To start the program, each officer must contact the Physical Fitness Committee and advise them of your intent. You will need to have a doctor’s release to allow you to participate in the program. A copy of the physical requirements of the physical fitness program should be reviewed by your doctor when obtaining your release. For details of the annual physical exam refer to Article 32 of the S.B.P.M.A. M.O.U. TESTING Each officer participating will be tested every six months, specifically in the months of January and July. A minimum level has been established for each test. Participants will have to move up a category or reach maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation time. Testing may be conducted during on-duty hours at the Watch Commanders discretion. The Physical Fitness Committee will perform the testing. ALLOCATION OF HOURS Employees will be awarded four hours for successfully completing each test as set forth in TESTING above. No employee shall receive any hours if they fail to meet the minimum standards for at least three of the five tests. 4512548722.1 SE010-040 PHYSICAL FITNESS COMMITTEE The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of Police. The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters. VALIDATED MEDICAL PROBLEM CLAUSE Those officers who for validated medical reasons cannot participate in the fitness program as designed may contact the Physical Fitness Committee for program modification. Validated medical problems are those diagnosed by a physician as limiting participation in a certain activity. REQUIRED TEST The physical fitness needs of Police Officers fall into three areas: Cardio Fitness Strength Flexibility The tests outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to evaluate fitness in these areas will be: Cardio fitness 1.5 Mile run Strength Push-ups Sit-ups Pull-ups Flexibility Forward Stretch MEDICAL COVERAGE Participation in the program will be on a voluntary basis. Any exercise workouts done under this program, i.e. weight lifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, The city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program. All employees must receive clearance from their personal physician prior to beginning program participation. 4612548722.1 SE010-040 CARDIO FITNESS TESTS - 1.5 Mile Run Officers will run a one point five (1.5) mile course established by the Training Unit. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures ones aerobic capacity or the ability of the heart and lungs to utilize oxygen. Under 30 Below 30-34 Below 35-39 Below Excellent 10:15 11:00 11:30 Good 10:16-12:00 11:01-12:30 11:31-13:00 Fair 12:01-14:30 12:31-15:00 13:01-15:30 Poor 14:31-16:30 15:01-17:00 15:31-17:30 Very Poor 16:31-Above 17:01-Above 17:31-Above Maintenance Level 11:00 12:00 12:30 Minimum Level 14:30 15:15 15:30 40-44 Below 40-49 Below 50 + Below Excellent 12:00 12:15 12:30 Good 12:01-13:30 12:16-13:45 12:31-14:30 Fair 13:31-16:00 13:46-16:15 14:31-17:00 Poor 16:01-18:00 16:16-18:15 17:01-19:00 Very Poor 18:01-Above 18:16-Above 19:01-Above Maintenance Level 13:00 13:30 14:00 Minimum Level 15:45 16:00 16:45 STRENGTH TESTS The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his fist on the ground below the officer's chest. The officer must keep his back straight at all times and from the up position, lower him/herself to the floor until his chest touches his partner's hand and then push to the up position again. The officer can rest in the up position. The total number of correct push-ups are recorded and compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical confrontations such as pushing, pulling, controlling, and handcuffing. 4712548722.1 SE010-040 Under 30 30-39 40-49 50 + Excellent 43 -37 -30 -25 + Good 28-42 23-36 20-29 17-24 Fair 20-27 17-22 15-19 12-16 Poor 5-19 3-16 2-14 2-11 Very Poor 4-Below 2-Below 2-Below 1-Below Maintenance Level 40 35 25 18 Minimum Level 18 15 13 11 PULL-UPS Officer will hold bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Officer must pull his body up to a position where his chin is above the bar for one repetition; the total number of correct pull-ups are recorded and compared to the standards on the chart. In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull down seventy percent (70%) of their body weight ten (10) times in order to achieve maintenance level. Under 30 30-39 40-49 50 + Excellent 9 & Above 7 & Above 6 & Above 5 & Above Good 8 6 5 4 Fair 6-7 4-5 3-4 2-3 Poor 5 3 2 1 Very Poor 4 & Above 2 & Above 1 & Above 0 Maintenance Level 8 6 5 4 Minimum Level 5 3 2 1 SIT-UPS Officer starts by lying on his/her back, knees bent heels flat on the floor and arms folded across the chest. A partner holds the feet down. In the up position, the officer will touch his elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is a continuous exercise, no resting. The total number of correct sit-ups are recorded and compared to the standards on the chart. This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems. 4812548722.1 SE010-040 *1 CONTINUOUS MINUTE * Under 30 30-39 40-49 50 + Excellent 51 & Above 45 & Above 40 & Above 36 & Above Good 40-50 34-44 27-39 23-39 Fair 35-39 29-33 20-26 16-22 Poor 24-34 18-28 7-19 6-15 Very Poor 23 -17 -6 -5 - Maintenance Level 45 40 35 30 Minimum Level 30 25 20 15 FLEXIBILITY Officer sits on the ground with his legs out straight in front of him. Heels of feet are placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his toes with his fingertips as far as he can. The distance above or below his heels is measured. The distance is recorded as plus or minus inches. Plus inches is below the heels and negative is above the heels. Compare the results against the standards on the chart. Under 30 30-39 40-49 50 + Excellent +10" & Below +9" & Below +8" & Below +7" & Below Good +4" to 9.5"+ 3.5" to 8.5"+1" to 7.5"0 to +6.5" Fair +1.5" to 3.5"+1" to 3"-2" to +.5"-3" to -.5" Poor -4.5" to +1"-6.5" to +.5"-9" & Above -10" to 3.5" Very Poor -5" & Above -7" & Above -9.5 & Above -10.5"& Above Maintenance Level +5"+4"+1"0" Minimum Level 0"-2"-4"-5" 12548640.1 SE010-040 SEAL BEACH POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING Resolution ___7180 - Exhibit B _D_ ADOPTED: July 1_August 12, 20240 EXPIRES: June 30,20253 I12548640.1 SE010-040 SEAL BEACH POLICE OFFICERS ASSOCIATION TABLE OF CONTENTS ARTICLE I - RECOGNITION .................................................................................1 Section 1...................................................................................................1 Section 2...................................................................................................1 Section 3.. .................................................................................................1 ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER DEDUCTIONS ............................................................................................1 Section 1. Dues and Benefit Deductions....................................................1 Section 2. Other Deductions ......................................................................2 ARTICLE III - CITY RIGHTS ..................................................................................2 Section 1. ..................................................................................................2 Section 2. ..................................................................................................3 ARTICLE IV - NON-DISCRIMINATION ...............................................................3 Section 1. ..................................................................................................3 Section 2. ..................................................................................................3 ARTICLE V - COMPENSATION PLAN................................................................3 Section 1. Basic Compensation Plan ........................................................3 Section 2. Advancement within Salary Grades .........................................4 Section 3. Salary Increases Following Promotion .....................................4 Section 4. Salary Decreases Following Demotion ....................................5 Section 5. Adjustments of Salary Grades .................................................5 Section 6. Salary and Benefits on Suspension ..........................................5 Section 7. Salaries during Term of Memorandum of Understanding ........5 ARTICLE VI - SPECIAL PAY PROVISIONS ........................................................6 Section 1. Uniform Allowance and Safety Equipment ................................6 Section 2. Temporary Assignment Pay .....................................................6 Section 3. Court Time ...............................................................................7 Section 4. Call-back ...................................................................................8 Section 5. Training Programs.....................................................................8 Section 6. Educational Incentive Pay ........................................................8 Section 7. Stand-by Pay.............................................................................9 Section 8. Experience Pay .......................................................................10 Section 9. Movie Detail ............................................................................11 Section 10. Bilingual Compensation ........................................................11 II12548640.1 SE010-040 ARTICLE VII - FRINGE BENEFIT ADMINISTRATION......................................11 Section 1. Administration ........................................................................11 Section 2. Selection and Funding ...........................................................12 Section 3. Limits ......................................................................................12 Section 4. Changes ..................................................................................12 ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY INSURANCE .............................................................................................12 Section 1. Health Care Coverage ............................................................12 Section 2. Health Insurance Plan for Retirees .........................................13 Section 3. Life Insurance Plan .................................................................14 Section 4. Disability Insurance Plan .........................................................14 Section 5. Annual Physical.......................................................................14 ARTICLE IX - RETIREMENT ...............................................................................15 ARTICLE X - HOURS OF WORK ........................................................................15 Section 1. Work Period ............................................................................15 Section 2. Three-Twelve Work Schedule .................................................16 ARTICLE XI - OVERTIME COMPENSATION .....................................................16 Section 1. Overtime Defined ....................................................................16 Section 2. Compensation for Overtime ....................................................16 Section 3. Compensatory Time ................................................................16 Section 4. Overtime Reporting .................................................................17 ARTICLE XII - HOLIDAYS ...................................................................................17 Section 1. ................................................................................................17 Section 2. ..................................................................................................17 Section 3. ..................................................................................................18 Section 4. ..................................................................................................19 ARTICLE XIII - VACATION ..................................................................................19 Section 1. Eligibility ..................................................................................19 Section 2. Accrual ....................................................................................19 Section 3. Maximum Accrual....................................................................20 Section 4. Use of Vacation .......................................................................21 Section 5. Vacation Payment at Termination ...........................................21 Section 6. Vacation Accrual During Leave of Absence ............................21 Section 7. Prohibition Against Working for City During Vacation .............21 312548640.1 SE010-040 ARTICLE XIV - LEAVES OF ABSENCE..............................................................21 Section 1. Authorized Leave of Absence Without Pay .............................21 Section 2. Bereavement Leave ................................................................22 Section 3. Military Leave of Absence .......................................................22 Section 4. (Intentionally Left Blank - RESERVED)....................................22 Section 5. Unauthorized Absence ............................................................23 Section 6. Catastrophic Leave .................................................................23 ARTICLE XV - JURY DUTY.................................................................................24 Section 1. Compensation for Jury Duty....................................................24 ARTICLE XVI - SICK LEAVE ...............................................................................24 Section 1. General Sick Leave Provisions ...............................................24 Section 2. Eligibility ..................................................................................25 Section 3. Accrual ....................................................................................25 Section 4. Accumulation and Payment ....................................................25 Section 5. Sick Leave During Vacation ....................................................26 Section 6. Extended Sick Leave ..............................................................26 Section 7. Family Leave ...........................................................................26 Section 8. On The Job Injury....................................................................27 Section 9. Off The Job Injury....................................................................27 ARTICLE XVII - PROBATIONARY PERIODS ...................................................27 Section 1. Appointment Following Probation Period ................................27 Section 2. Objective of Probationary Period ............................................28 Section 3. Employee Performance Appraisal...........................................28 Section 4. Rejection of Probationary Employee .......................................28 ARTICLE XVIII - LAYOFF PROCEDURES .......................................................29 Section 1. Policy........................................................................................29 ARTICLE XIX - MISCELLANEOUS PROVISIONS ..............................................29 Section 1. Tuition Reimbursement ...........................................................29 Section 2. Physical Fitness Program .......................................................30 Section 3 Health Wellness Program…………………………………………………………………………………………….. ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING ...................30 Section 1.................................................................................................30 Section 2.................................................................................................30 Section 3.................................................................................................31 ARTICLE XXI - CONCERTED REFUSAL TO WORK .......................................31 Section 1. Prohibited Conduct..................................................................31 412548640.1 SE010-040 Section 2. Association Responsibility.......................................................31 512548640.1 SE010-040 ARTICLE XXII - EMERGENCY WAIVER PROVISION .....................................31 Section 1. ………………………………………………………………………31 ARTICLE XXIII - SEPARABILITY ......................................................................32 Section 1. ………………………………………………………………………32 ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS .........................32 Section 1. ………………………………………………………………………32 ARTICLE XXV - MOU REOPENERS ................................................................32 Section 1. ………………………………………………………………………32 ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING .............32 Section 1. ................................................................................................32 Section 2. ..................................................................................................32 ARTICLE XXVII - RATIFICATION .....................................................................33 Section 1. ……………………………………………………………………...33 EXHIBIT A............................................................................................................34 112548640.1 SE010-040 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE OFFICERS ASSOCIATION ARTICLE I - RECOGNITION Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance No. 769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" interchangeably) has recognized, for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Police Officers Association (“SBPOA” and/or “Association” interchangeably) as the majority representative of the employees in the bargaining unit, which includes Police Department full-time employees in the classifications and assignments of: a) Police Officer and b) Police Corporal. Section 2. The City recognizes the Association as the representative of the employees in the classifications and assignments set forth in Section 1. above for the purpose of meeting its obligations under this Memorandum of Understanding, the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or other terms and conditions of employment are amended or changed. Section 3. The City agrees that the representatives of Association, not to exceed six (6) in number, shall be entitled to meet and confer with Management during said representatives' normal working hours without suffering any loss in pay while absent from their duties for such purpose, providing that such time per person shall not be unreasonable. The City also agrees that such representatives may utilize not more than six (6) hours per month or seventy-two (72) hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are represented by the Association and/or other officers of Association. ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER DEDUCTIONS Section 1. - Dues and Benefit Deductions A. The City will provide voluntary payroll deductions for all employees represented by the Association for regular and periodic dues and benefit program premiums. as specified by agreement between the City and the Association and signed by the member. The Authorization Form content shall be mutually agreed to by the Association and the City. The Association shall certify to the City the names of employees who have authorized membership dues deductions, any employee who declines membership in the Association, and the amounts of dues deductions as they change from time to time. 212548640.1 SE010-040 B. The City shall remit such funds to the Association within twenty-one (21) calendar days following the deductions. C. With regard to deductions under this Section 1, the Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to this Section. Section 2. Other Deductions The City shall make payroll deductions for purposes of an employee depositing funds or making payments directly to a Federal Credit Union, providing that any deductions shall not be less than two dollars ($2.00) on a bi-weekly basis. ARTICLE III - CITY RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOU or by law in the exercise of its rights to manage the business of the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, not abridged by this MOU or by law, shall include, but not be limited to, the following rights: A. To determine the nature, manner, means, technology, and extent of services and activities to be provided to the public. B. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. C. To determine and change the number of locations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract for any work or operation. D. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. E. To establish and modify employee performance standards and productivity and performance programs including, but not limited to, quality and quantity standards, and to require compliance therewith. F. To establish and promulgate and/or modify rules and regulations to maintain order, safety, and efficiency in the City, its facilities and operations. G. To determine policies, procedures and standards for the selection, training and promotion of employees. 312548640.1 SE010-040 H. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in departmental disciplinary procedure. Section 2. Where the City is required to make changes in its operations because of the requirements of law, or whenever the contemplated exercise of City Rights shall impact the wages, hours, and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact and effects of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. ARTICLE IV - NON-DISCRIMINATION Section 1. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations or sexual orientation. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with state or federal anti-discrimination laws. Section 2. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender. ARTICLE V - COMPENSATION PLAN Section 1. Basic Compensation Plan A. All employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a monthly base salary grade adopted by the City Council. The salary schedule shall consist of five (5) steps within each grade. B. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned grade upon the recommendation of the Chief of Police and the approval of the City Manager when it is decided that such action is in the best interest of the City. C. The second step, B step, is a merit adjustment which may be given at the end of six (6) months of employment subject to the recommendation of the Police Chief and approval of the City Manager. D. The third, fourth, and fifth steps are merit adjustments to encourage an employee to improve his work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the 412548640.1 SE010-040 completion of one (1) year of service at the preceding step. Each adjustment may be made subject to the recommendation of the Chief of Police and approval of the City Manager. Section 2. Advancement within Salary Grades A. In order to properly compensate an employee, advancement in base salary shall be based on merit. B. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. C. The Chief of Police and/or the employees’ immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Chief of Police with approval of the City Manager. D. An employee must be reviewed at least once every twelve (12) months from the effective date of his last performance step increase, special performance advancement or promotion. Nothing contained herein shall restrict the Chief of Police from denying the increase after evaluation, nor shall it prevent him from recommending special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. E. It shall be the responsibility of each supervisor to establish realistic achievement levels for each step increase within a base salary grade. Achievement levels may be formal or informal and shall be reviewed by the Chief of Police for the purpose of maintaining uniformity of standards throughout the department. Section 3. Salary Increases Following Promotion A. Promotional Appointment - When an employee is promoted to a position with a higher base salary grade, the employee shall be compensated at a step of the salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to promotion. B. Temporary Appointment - In special circumstances, when in the best interest of the City, the City Manager may approve a temporary assignment of an employee to a higher-level classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to the temporary appointment. 512548640.1 SE010-040 Section 4. Salary Decreases Following Demotion In the case of a demotion of any employee represented by the Association to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Chief of Police and approved by the City Manager. The employee shall retain his previous anniversary date. Section 5. Adjustments of Salary Grades When a salary grade for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing monthly base salary adjusted to the same relative step in the new salary grade and their anniversary date shall not be changed. For example, an employee at “C” Step in the old salary grade shall be placed at “C” step of the new salary grade. Section 6. Salary and Benefits on Suspension During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his health plans including dental, disability insurance, or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits for any portion of the suspension that is disapproved. Section 7. Salaries during Term of Memorandum of Understanding The following salary grade increases shall be provided to employees represented by the Association. The salary grade increases shall be effective during the first full pay period in July of the following indicated years. 1) Effective the first full pay period beginning after in July 1, 20230: Position Grade Increase Police Officer 27 2.5% Police Corporal 29 2.5% 2) Effective the first full pay period beginning after in July 1, 20241: Position Grade Increase Police Officer 27 32.5 %Police Corporal 29 2.5 3% 3) Effective the first full pay period in July 2022: Position Grade Increase Police Officer 27 3% 612548640.1 SE010-040 Police Corporal 29 3% 712548640.1 SE010-040 Section 8. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding The City shall make two (2) Non-PERSable lump sum payments of $2,000 each (subject to applicable withholdings) on the following dates, to each bargaining unit members employed by the City on the date the payments are made. Payments will be made on the following dates: a.On the date that payroll is paid for the first pay period beginning after theis MOU is ratified by both the City Council and the membership of the POA; and b.On the date that payroll is paid for the first pay period beginning after August 31, 2024. ARTICLE VI - SPECIAL PAY PROVISIONS Section 1. Uniform Allowance and Safety Equipment A. A. An employee, whether or not said employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand three hundred dollars ($1,300) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of two hundred forty dollars ($240) effective the first payroll period following July 1st of each fiscal year. Beginning July 1, 2024, an employee, whether or not said employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand three hundred dollars ($1,500) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of three hundred dollars ($300) effective the first payroll period following July 1st of each fiscal year. B. The City shall provide the initial issue of uniforms to include two (2) pants and two (2) shirts and utility equipment to include weapon, safety helmet, baton, and other safety equipment as required by law or deemed necessary by the City. The City shall replace and/or repair any equipment damaged within the course and scope of the employee’s employment. Recurring maintenance, repair and/or replacement due to normal wear shall be the responsibility of the employee. C. An employee assigned as a motor officer shall receive an initial issue of required uniform items incident to such duty. Such items include, but are not limited to: jacket, boots, gloves, and two (2) pair of trousers. Section 2. Temporary Assignment Pay 812548640.1 SE010-040 A. Field Training Officer (Regular Police Officer Trainees) - Each Officer performing duties of a Field Training Officer for Regular Police Officer Trainees shall receive one-hour compensation at straight time either as pay at employee base hourly rate of pay or compensatory time off for each shift of recruit training. A shift shall be understood to be six (6) or more hours. B. Field Training Officer (Voluntary Reserve Officers) - Each eligible employee performing the duties of a Field Training Officer for Voluntary Reserve Officers shall receive one (1) hour compensation at straight time either as pay at employee base hourly rate of pay or compensatory time off for each shift of recruit training. A shift shall be understood to be six (6) or more hours. C. Orange County Regional Lab Team – An officer assigned as an on- call investigator in any specialty for the Orange County Regional Lab Team for the purpose of responding to clandestine drug laboratories shall receive four (4) hours compensation at (straight time) as either pay at employee base hourly rate of pay or compensatory time off per month for being subject to callout. D. The City shall provide a special assignment pay enhancement, which recognizes multiple tours of duty to a maximum of five percent (5%) of base salary as follows with the express understanding that the standard departmental rotational requirements shall apply: 912548640.1 SE010-040 1. Special assignment pay may only be paid for one (1) position and cannot be combined with any other positions (i.e. a detective currently assigned to the SWAT team will only receive a total of five percent (5%) of base salary special assignment pay at any one time. assignment. 2. Special assignment pay lasts only through the term of the assignments: 3. The following list of assignments shall be considered special a) Motorcycle Patrol Premium b) Special Weapons and Tactics (SWAT) c) Crisis Negotiator Team (CNT) d) Detective Division Premium e) Police Administrative Officer f) Detention Services Premium g) Rangemaster Premium Section 3. Court Time A. An employee called for a subpoenaed court appearance which arises out of the course of his employment and not contiguous with his work shift shall be compensated for a minimum of two-and-two-thirds (2-2/3) hours at the rate of one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the appearance exceed two and two-thirds (2-2/3) hours, a non-FLSA exempt the the employee shall receive pay for the actual appearance time, including any designated lunch period where the employee’s appearance continues into the afternoon court session., excluding any court designated lunch period, at the rate of one and one- half (1-1/2) times the employee's regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police station to go directly to Court. B. Any appearance that is contiguous with a regular work shift is not subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is contiguous with a regular work shift is not subject to the one and one-half (1-1/2) time rate unless the court appearance otherwise qualifies as overtime under this MOU. C. All employees agree to comply with the "on-call" policies administered by the department. Should an officer be placed "on-call" during off duty hours for court appearance(s), he shall be granted two (2) hours pay at the employee's base hourly rate of pay for any on call time prior to twelve o’clock (12:00) noon and two (2) hours for all “on-call” time after twelve o’clock (12:00) noon. 1012548640.1 SE010-040 Section 4. Call-back A. Employees who are called back to duty after having completed a normal shift or work day assignment and departed from the work premises shall be paid one and one-half (1-1/2) times the employee's base hourly rate of pay for each hour worked on call-back. The number of hours calculated at one and one-half (1- 1/2) times shall not be less than four hours. Should a call-back exceed four (4) hours, the employee shall receive pay for the actual call-back time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Call-back time shall commence from the time the employee is called back to service. B. Employees who are off duty and respond for departmental training, qualification or meetings shall be compensated a minimum of two and two-thirds (2- 2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the incident exceed two and two- thirds (2-2/3) hours, the employee shall receive pay for the actual incident time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Section 5. Training Programs A. The City shall pay reasonable expenses incurred by employees attending approved training programs. Expenses include registration fees and the costs of purchasing required course materials, travel to and from the training course, meals and lodging shall be reimbursed per the City's adopted Per Diem policy. B. When an employee is sent by the City to a training program which is not a part of his regular work schedule, the employee shall receive eight (8) hours pay for each full day of training and such eight (8) hours pay shall be credited towards the computation of overtime. Section 6. Educational Incentive Pay - A. Employees covered by this section who have completed forty-five (45) semester units of credit from an accredited college or university with at least sixteen (16) units in the field of Police Science shall receive the following compensation in addition to their monthly base salary: Police Officer/Police Corporal $175/month B. Employees covered by this section who have completed sixty (60) semester units of credit from an accredited college or university with at least nineteen (19) units in the field of Police Science or have attained a POST Intermediate Certificate shall receive the following compensation in addition to their monthly base salary: Police Officer/Police Corporal $275/month 1112548640.1 SE010-040 C. Employees covered by this section who have completed a Bachelor's Degree from an accredited college or university with at least twenty-two (22) units in the field of Police Science or have attained a POST Advance Certificate shall receive the following compensation in addition to their monthly base salary: Police Officer/Police Corporal $375/month D. The above payment compensation shall be based on achievements over and above the job requirements established in the position classification plan for each classification. Payment to employees shall be based on the highest achievement level only; e.g., employees with an Associate’s and Bachelor's degree will receive compensation for the Bachelor's degree only. E. Employees receiving Educational Incentive Pay shall not lose that pay if they are promoted to a classification which requires the education for which the employee is receiving the additional pay. If the minimum educational requirements are lawfully changed during the term of the MOU, employees receiving educational incentive pay will not be affected by such change and will not suffer any loss of such incentive pay. F. All payments under this Section are subject to verification and approval by the City Manager. G. Employees serving an original probationary period shall be ineligible to receive educational incentive pay. Section 7. Stand-by Pay A. Detective Supervisor(s) may be assigned by the Chief of Police to "stand-by" status. B. Detective Supervisors who are specifically assigned to respond, twenty-four (24) hours per day, to incidents shall receive eight (8) hours of compensatory time off per month. During any such month where the employee is so assigned for less than the entire month, the number of compensatory time off hours shall be reduced in an amount reflecting the pro-rated monthly time during which the employee was so assigned. Such compensatory time off hours shall be maintained in an account separate from and in addition to compensatory time off hours described in Article XI, Section 3. Any compensatory time off hours earned in accord with this Section, and not utilized by July 31st of any year shall be forfeited effective July 31st of any year and not converted to cash. C. Each affected employee who is assigned to the Detective Bureau and who is on "stand-by" weekend duty shall be provided two (2) hours (at straight time) of compensatory time off or pay at employee base hourly rate of pay per each weekend day. “Weekend” is described as Saturday, Sunday or any holiday preceding or following the weekend day, in the absence of any normally assigned detective. 1212548640.1 SE010-040 Section 8. Experience Pay For Employees Hired On or Before June 30, 2010: A. Qualified eEmployees represented by the Association with a minimum of ten (10) years of with full time service as a sworn peace officer with a Municipal, County or State Police agency meeting POST standards, or their equivalent, shall be eligible to receive experience pay as set out below. B. To qualify for experience pay, an employee must meet the minimum years of service required and receive an overall satisfactory performance appraisal signed by the Chief of Police, his designate or an individual acting in his capacity. C. Experience Pay shall be as follows: 1. Atfter ten (10) years of service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary. 2. Atfter twenty (20) years of service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary. 3. Atfter twenty-five (25) years of City of Seal Beach sworn peace officer service (only service with the City of Seal Beach shall apply), experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary. 4. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of qualifying service stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time. For Employees Hired On or After July 1, 2010: A. Qualified eEmployees represented by the Association with a minimum of ten (10) years of full- time service as a sworn peace officer with the City of Seal Beach shall be eligible to receive experience pay as set out below. B. To qualify for experience pay, an employee must meet the minimum years of service required and receive an overall satisfactory performance appraisal signed by the Chief of Police, his designate or an individual acting in his capacity. C. Experience pay shall be as follows: 1. Atfter ten (10) years of City of Seal Beach sworn peace officer 1312548640.1 SE010-040 service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary. 2. Atfter twenty (20) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary. 3. Atfter twenty-five (25) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary. 4. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time. Section 9. Movie Detail Non-FLSA exempt uUUnit employees shall be paid seventy dollars ($70) per1.5 times their regular rate of pay hour for outside movie details. It is understood that time spent on movie details is brokered outside work and is not considered time worked for the purpose of calculating City overtime compensation. Section 10. Bilingual Compensation Upon the recommendation of the Chief of Police, the City Manager may award a bilingual compensation bonus of fifty-two dollars and fifty cents ($52.50) per payroll period to an officer utilized by the Department for his/her bilingual skills. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee’s proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual compensation. ARTICLE VII - FRINGE BENEFIT ADMINISTRATION Section 1. Administration The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of this MOU unless otherwise specified within this MOU. 1412548640.1 SE010-040 Any changes in benefits associated with a change in insurance carrier or administrator may only be accomplished during the term of the MOU by agreement of the parties, except in cases of emergency. In an emergency, the City may make a change in order to avoid loss of coverage for employees, and subsequently negotiate impacts and effects. Section 2. Selection and Funding In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of the MOU, provided that the benefits of the employees and affected retirees shall be no less than those in existence as of implementation of this MOU. Section 3. Limits A. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive calendar days, unless specifically provided for within this MOU, authorized by the City Manager or otherwise provided for by federal or state "Family Leave Acts" and/or "Workers Compensation" requirements. B. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee who has been absent without authorization during said month, suspended without pay, or who has terminated from City employment unless specifically provided for within this MOU. C. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee when such premiums or fringe benefits are provided to the employee through Workers Compensation and/or the Disability Insurance Plan. Section 4. Changes If, during the term of this MOU, any changes of insurance carrier or method of funding for any benefit provided hereunder is contemplated, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage. ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY INSURANCE Section 1. Health Care Coverage A. “Health Care Coverage.” The City shall contribute an equal amount towards the cost of Health Care coverage under PEMHCA for both active employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the minimum contribution amount established by CalPERS on an annual 1512548640.1 SE010-040 basis. Effective July January 1, 20241 the City’s contribution under PEMHCA shall be one hundred forty threefifty- seven dollars ($143157), and may be changed by CalPERS each year. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For employees participating in the City’s full flex cafeteria plan, each employee shall 1612548640.1 SE010-040 receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Beginning January 1, 2024 the monthly flex dollar allowance shall be: A portion of the flex dollar allowance ($143157 in 2024) is identified as the City’s contribution towards PEMHCA. The PEMHCA contribution will be subject to change as the PEMHCA minimum contribution increases. Remaining flex dollars will be used by employees to participate in the City’s health plans. B. Subject to Public Employees' Retirement System (PERS) administration requirements, the City shall make available to eligible employees participation in the group Health Care plans offered by PERS. C. Employees who elect not to participate in the full flex cafeteria plan may receive three-hundred and fifty dollars ($350) per month (upon showing proof of group health insurance coverage (not including insurance through Covered California or other exchange) for the employee and their immediate tax family providing minimum essential coverage under an alternative plan). Employees that elected to opt out of the full flex cafeteria plan prior to July 1, 2020 will be permitted to receive one thousand fifty dollars ($1,050) per month (upon showing proof of health insurance coverage under an alternative plan) until June 30,2022 and will thereafter receive three-hundred and fifty dollars ($350). Election forms are available in Human Resources and must be completed annually in order to receive the opt out payments. Section 2. Health Insurance Plan for Retirees A. The City shall provide to any retired employee (either service or disability), who is hired after August 1, 1983 and on or before December 31, 2007, and retires after December 31, 2009, and who has attained the age of fifty (50) the following group health care insurance benefits: 1. If the employee has fifteen (15) or more years of full-time City of Seal Beach service, the City shall pay for such retired employee at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. 2. If the employee has twenty (20) or more years of full-time City Calendar Year 2024 For single employees:$1,166.99 For employee +1 dependent:$1,803.38 454.41For employee + 2 or more dependents:$2,332.12 1712548640.1 SE010-040 of Seal Beach service, the City shall pay such retired employee and one dependent, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is 1812548640.1 SE010-040 greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. 3. If the employee has twenty-five (25) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and dependents, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. B. The City shall provide to any retired employee (either service or disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or more years of full-time City of Seal Beach service and has attained the age of fifty (50) the following group Healthcare insurance benefits: The City shall contribute the minimum PEMHCA rate as determined by CalPERS. Section 3. Life Insurance Plan The City shall pay one hundred percent (100%) of the premium for a term life insurance policy with a face value of seventy-five thousand dollars ( $75,000), double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($1,000) per dependent. Section 4. Disability Insurance Plan The City shall pay one hundred percent (100%) of the premium for the "employee's" long-term disability insurance plan with an income continuation of not less than sixty-six and two-thirds percent (66-2/3%) of the employee's monthly base salary subject to caps and eligibility requirements as set forth within the policy of the accepted carrier. Modifications to the plan shall be made only after the City has met and consulted with the Association. Section 5. Annual Physical The City shall provide a physical exam periodically as indicated below for the purpose of detecting heart trouble and cancer. The exam shall be given by a City appointed physician who is acceptable to the Association. Cost of said physical exam shall be borne by the City. The resulting diagnosis shall be submitted to the City as well as the employee together with specifics of corrective treatment. 1912548640.1 SE010-040 Physical Exam Schedule: 1.New Employee Second year following appointment 2.Employee under 40 Alternate years 3.Employee 40 & over Every year ARTICLE IX - RETIREMENT A. The City shall make contributions to the CalPERS plan known as three percent (3%) at fifty (50) with those benefit options as provided for in the contract between the City and CalPERS for employees defined by the Public Employees’ Pension Reform Act (PEPRA) as “classic members” (meaning those persons who were members of CalPERS or a reciprocal California public pension plan as of December 31, 2012). B. New employees/members hired on or after January 1, 2013 as defined by PEPRA will be hired at the retirement formula in accordance with PEPRA and other legislation. New members entering membership for the first time in a Police Safety classification shall be eligible for the two point seven percent (2.7%) at fifty-seven (57) retirement formula for Local Safety members. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. In no event shall the City make contributions to the CalPERS plans for new members. C. Modification(s) to the contract shall be made only after the City has met and consulted with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of CalPERS. ARTICLE X - HOURS OF WORK Section 1. Work Period A. The work period for law enforcement personnel (as defined by the Fair Labor Standards Act) shall be three hundred thirty-six (336) contiguous hours fourteen (14) consecutive days). All full-time law enforcement personnel shall be regularly assigned one of the following work schedules: 1. “Three-Twelve” - three (3) consecutive three (3) day work weeks consisting of three (3) twelve (12) hour and twenty (20) minute work days followed by a four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute work days and one (1) twelve (12) hour work day. 2. “Four-Ten” - a work week consisting of ten (10) hours/day, four (4) days/week. 3. “Five-Eight” - a work week consisting of eight (8) hours/day, five (5) days/week. 2012548640.1 SE010-040 Section 2. Three-Twelve Work Schedule A. The standard work week shall be thirty-seven (37) hours or forty-nine (49) hours depending on the number of days worked in a work week pursuant to A.1. above. B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during the forty-nine (49) hour work week of the work period will be considered regular straight time hours for the intention to report forty (40) hours of regular hours during a work week. ARTICLE XI - OVERTIME COMPENSATION Section 1. Overtime Defined for Eligible Law Enforcement Personnel A. Three-Twelve Work Week: Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article X, Section 1. or time worked on scheduled days off. B. Four-Ten Work Week: Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article X, Section 1. or time worked on scheduled days off. C. Five-Eight Work Week: Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article X, Section 1. or time worked on scheduled days off. Section 2. Compensation for Overtime A. Authorized non-FLSA overtime shall be compensated in pay or compensatory time at the rate of one and one-half (1-1/2) times the base hourly rate of pay. B. In computing overtime for a work period, time absent from duty as a result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as time deemed to have been worked. Section 3. Compensatory Time A. Employees may elect to receive compensatory time in lieu of pay for overtime subject to B. and C. below. B. Should an employee desire to take compensatory time off, he shall file a written request with the Chief of Police who shall grant time off unless it interferes with the normal operation staffing of the police department. C. Employees shall be permitted to accumulate a maximum of seventy- five (75) hours of compensatory time. An employee who has accumulated seventy- 2112548640.1 SE010-040 five (75) hours of compensatory time will be reimbursed within the pay period earned for any overtime in excess of seventy-five (75) hours maximum. D. An employee may, upon written request submitted to and approved by the City Manager, receive reimbursement for the requested number of hours of accumulated compensatory time equal to or below the cap of seventy-five (75) hours. Reimbursement shall occur with the next regular payroll following the pay period in which the employee's written request has been approved by the City Manager. Section 4. Overtime Reporting In order for an employee to earn compensation for overtime, he must receive the supervisor's or the Chief of Police's approval. Overtime worked to meet an emergency situation does not require advance approval, but shall be certified by the Chief of Police before being credited to the employee's record. ARTICLE XII - HOLIDAYS Section 1. Recognized Holidays The City will recognize the following designated holidays each fiscal year: Independence Day (July 4th) Labor Day (1st Monday in September) Veterans’ Day (November 11) Thanksgiving Day (4th Thursday in November) Christmas Eve (December 24th) Christmas Day (December 25th) New Year’s Day (January 1st) Martin Luther King Day (3rd Monday in January) Presidents’ Day (3rd Monday in February) Section 2. Memorial Day Floating Holidays (Last Monday in May) 2212548640.1 SE010-040 The date on which a floating holiday will be used may be individually selected by the employee subject to the approval of the Chief of Police. Approval will not normally be granted if it would require the Department to backfill the employee’s position at time-and-one-half (1-1/2) to maintain necessary staffing/deployment levels. A floating holiday cannot be used on any of the designated holidays recognized by the City or on another floating holiday. To request to use, or cash out, a floating holiday, an employee must submit a completed “Request for leave/overtime and special pay report”.Beginning in December, 2024 and each December thereafter, floating holidays may be cashed out only pursuant to the irrevocable election process described in Article XIII, Vacation. The past practice of the City in permitting the stacking of floating holidays is specifically eliminated by the above language. Section 3. Compensation for Holidays A. Compensation for a Holiday when No Work is Performed on a Holiday. When a holiday falls on a day that the employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. The “regular hourly rate”, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, longevity, POST, temporary assignment, standby, bilingual, shift differential, and cafeteria cash in-lieu (including any cash payments for opting out). To the extent that the parties omitted from the list above any elements of the FLSA regular rate, the parties shall promptly meet and confer for the purpose of amending the list of included items to replicate the FLSA regular rate. The parties’ intent of creating the list above in this MOU is to comply with CalPERS requirements, not to change the manner of paying holiday pay. B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday falls on a day that the employee performs work (whether the day is the employee’s scheduled work day or not), the employee shall be paid as follows: 1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid “hardship” pay as follows: a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU 2312548640.1 SE010-040 for such work hours, and c. Pay for the number of hours of work the employee actually performed on the holiday, at the employee’s base hourly rate of pay. Example 1: Officer A works six (6) hours on Christmas Day. Officer A would earn pay computed as follows: 2412548640.1 SE010-040 Hours Pay Rate 12.33 hours holiday pay regular hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU 6 hours hardship pay base hourly rate 2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid: a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay as per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours. Example 2: Officer B works 8 hours on Veterans’ Day. Officer B would earn pay computed as follows: Hours Pay Rate 12.33 hours holiday pay regular hourly rate 8 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU C. The past practice of the City paying hardship holiday pay to an employee on a designated hardship holiday when in fact said employee did not work on the designated hardship holiday is specifically eliminated by the above language. Section 4. Conversion of Hardship Pay to Time Off An employee may choose to convert any hardship pay to time off or non- FLSA compensatory time at the rate of one hour of hardship pay converting to one hour of time off or to one hour of non-FLSA compensatory time. ARTICLE XIII - VACATION Section 1. Eligibility All regular full-time employees having completed one (1) year of continuous service with the department and annually thereafter, shall be eligible for a paid vacation at their then existing rate of pay. Section 2. Accrual A. Vacation leave is accumulated yearly and is computed on the basis of the employee's hire date as a regular full-time or probationary employee. 2512548640.1 SE010-040 B. Years of service, for purpose of vacation accrual, shall be from the date of initial employment as a full-time probationary or regular employee to the anniversary date concluding the full year of the designated year. C. All eligible unit employees hired after February 1, 1998 will accrue vacation leave by the following schedule: Years Of Hours Max. Hourly Accrual Annual Service Earned Rate/Pay Period Bi-Weekly Vacation Hours 0-5 Years 80 3.0769 80 hours 6-14 120 4.6153 120 hours 15-19 160 6.1538 160 hours 20+200 7.6923 200 hours D. An eligible employee hired on or before February 1, 1998 shall accrue vacation leave by the following schedule: Years Of Hourly Accrual Rate Annual Service Per Pay Period Accrual Rate 0-5 4.615 120 hours 6 4.923 128 hours 7 5.231 136 hours 8 5.486 144 hours 9 5.539 152 hours 10-19 6.154 160 hours 20+7.692 200 hours Section 3. Maximum Accrual A. An employee may accumulate unused vacation to a maximum of four hundred (400) hours. If the needs of the service require that a sworn employee be denied the use of accrued vacation time and such denial is anticipated to result in a cessation of accrual, the employee may request that his maximum accrual be increased to an amount not to exceed the amount accrued in the preceding thirty- six (36) month period. Such request must be submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval of the Chief of Police and City Manager. B. The accrual of vacation shall cease when an employee's accumulated vacation is at the maximum provided in this Section. Additional vacation shall begin accruing when the employee's vacation balance falls below the maximum. C. An employee on Injury on Duty (IOD) status or leave may accrue vacation up to the maximum under this section. Should the employee reach maximum accumulation, the City shall cash out the equivalent hours that the employee has taken for vacation during the fiscal year. Should the employee reach maximum again after the cash out while still on IOD or leave, accruals shall cease. 2612548640.1 SE010-040 Section 4. Use of Vacation A. The time at which an employee's vacation is to occur shall be determined by the Chief of Police with due regard for the wishes of the employee and particular regard for the needs of the service. When an employee uses accrued vacation for leave, the vacation hours used shall come from the oldest accrued hours first. B. B. Employees who have completed two (2) years or more of continuous service may elect to be paid for up to a maximum of eighty (80) hours of accumulated vacation up to twice per calendar year. Beginning in December 2024, and in each December thereafter, employees eligible to cash out vacation hours and who wish to convert vacation hours to salary, may do so only by making an irrevocable election in writing of the number of hours they will accrue in the next calendar year that they choose to cash out. Employees who make the irrevocable election may choose to receive the cash out in July and/or December. The maximum cash out that can be elected to be paid out in July and/or December is limited by the employee’s accrued and unused vacation earned in that calendar year available for cash out on the date of cash out. All cash-out of vacation pursuant to this provision is from hours earned in the current calendar year. The City shall have a form available for employees to make this irrevocable election and for employees to request an exception to the irrevocable election requirement for unforeseeable emergencies occurring after the election window period. The request for an exception is subject to the City Manager’s approval. The City’s decision on a request for an exception shall not be subject to the grievance procedure. . Section 5. Vacation Payment at Termination A. Employees terminating employment shall be paid in a lump sum for all accumulated vacation no later than the next regular payday following termination. B. When termination is caused by death of the employee, the employee's beneficiary shall receive the employee's pay for unused vacation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee. Section 6. Vacation Accrual During Leave of Absence No vacation shall be earned during any leave of absence without pay for each fourteen (14) day period (pay period) of such leave. 2712548640.1 SE010-040 Section 7. Prohibition Against Working for City During Vacation Employees shall not work for the City during their vacation and, thereby, receive double compensation from the City. ARTICLE XIV - LEAVES OF ABSENCE Section 1. Authorized Leave of Absence Without Pay A. Upon the Police Chief's recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed ninety (90) working days. B. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (1) year. C. At the expiration of the approved leave of absence, after notice to return to duty, the employee shall be reinstated to the position held at the time the leave of absence was granted. Failure on the part of the employee to report promptly at such leave of absence's expiration and receipt of notice to return to duty shall be cause for discharge. 2812548640.1 SE010-040 D. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits except as specifically provided for in this MOU, except that the City shall contribute to an employee's healthcare and dental plan, disability insurance plan, and life insurance plan for the first thirty (30) calendar days of the leave of absence. Section 2. Bereavement Leave A. Employees may be granted up to forty (40) hours of paid bereavement leave of absence, plus an additional twenty-two (22) additional unpaid hours by the reason of a death in their family which shall be restricted and limited to immediate family by reason of biology, marriage, or adoption. Family of employee lineage covered by this provision: Spouse or Registered Domestic Partner Father and Mother (Including Step parent and adoptive parent)Parent (means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child). Father and Mother In-Law (means a parent of an employee’s spouse or domestic partner as defined in this section). Grandparent (means a parent of the employee’s parent, as defined in this section). Brother and Sister (Including step sibling or sibling due to legal adoption)Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent). Child (Including means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.step child, child due to marriage or legal adoption) Grandchild means a child of the employee’s child as defined in this section)(Including step grandchild, due to marriage or legal adoption) All degree of relatives not listed but living within the household of the employee Employees may use any of their accumulated leave balances to receive pay during the additional twenty two and one-half (22) hour of unpaid bereavement leave. Section 3. Military Leave of Absence A. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Chief of Police of such leave request ten (10) working days in advance of the beginning of the leave. Commented [1]: Updated to comply with current law. The definitions are from the statute and are broader than what is in the current MOU. 2912548640.1 SE010-040 B. In addition to provision of State law, the City shall continue to provide eligible employees on military leave the current health benefits (healthcare, dental, disability and life insurance and retirement (if applicable) for the first three (3) months of military leave. During said period, the employee shall be required to pay to the City the same co-payments as required of other employees. After the first three (3) months of military leave, the employee may continue said benefits at his cost. Section 4. This section was intentionally left blank and has been reserved for future use. 3012548640.1 SE010-040 Section 5. Unauthorized Absence Unauthorized absence is days, or portions of days, wherein an employee is absent from work without City approval. Unless subsequently approved, such absence will result in a deduction from the employee's pay of an amount equivalent to the time absent. Employees taking unauthorized absence may be subject to disciplinary action, up to and including termination of employment. Section 6. Catastrophic Leave A. Establishment – A Catastrophic Leave Program for the Association was established which allows donation of paid time for employees represented by the Association. B. Purpose – The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basis to assist employees who have no remaining leave bank balances and who will suffer a financial hardship due to prolonged illness or injury to themselves, or a member of their immediate family. Sick Leave is excluded from this program. The conditions of this program are as follows: 1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. Department. 2. The leave pool shall be administered by the Finance 3. Employees must be in regular full-time appointed positions to be eligible for catastrophic leave. 4. Employees receiving Long-Term Disability payments may participate in this program, but may not receive combined payments that would exceed their normal take home pay. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have forty (40) hours of paid leave available after making a donation. 7. Donating employees must complete a Catastrophic Leave Program form with a signed authorization, and includes specifying the specific employee to be a recipient of the donation. 8. Donations will be subject to applicable tax laws. 3112548640.1 SE010-040 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s inability to perform normal duties. ARTICLE XV - JURY DUTY Section 1. Compensation for Jury Duty A. Employees required to report for jury duty shall be granted leave of absence for such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall receive full payment for the time served on jury duty, provided the employee remits any fees received for such jury service, excluding payment for mileage, to the City's Finance Department. Compensation for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be returned to the employee by the Finance Department. B. If the sum of the employee's jury duty responsibilities is less than a full work day; the employee shall contact his supervisor as to the feasibility of returning to work that day. ARTICLE XVI - SICK LEAVE Section 1. General Sick Leave Provisions A. Sick leave shall be used only in cases of actual personal sickness or disability, medical or dental treatment, and family leave or as authorized by the City Manager under special circumstances. The employee requesting sick leave shall notify his immediate supervisor or Chief of Police prior to the time set for reporting to work. Sick leave with pay shall not be allowed unless the employee has met and complied with the provisions of this MOU. B. Sick leave shall not be granted for disability arising from any sickness or injury purposely self-inflicted or caused by an employee's own willful misconduct. C. The Department Head may require employees to present proof of physical fitness for duty for sick leaves in excess of three five (53) consecutive working days. 3212548640.1 SE010-040 Section 2. Eligibility All employees covered by this MOU shall be eligible to accrue sick leave. Section 3. Accrual A.Sick leave shall be accrued at the rate of twelve and one-third (12- 1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours and/or has been on authorized leave which provides for full pay, for at least fifteen (15) working days in that month. B. Sick leave accrued pursuant to A. above for unit employees hired prior to July 1, 1985, will be placed into a newly established sick leave bank at the rate of twelve and one-third (12-1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours. This new sick leave bank, established February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. Section 4. Accumulation and Payment A. There is no limit on the amount of sick leave that an employee may accumulate. B. An employee may be paid for unused sick leave pursuant to the following: 1. Employees who have not completed fifteen (15) years of services with the City will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated sick leave be used to postpone the effective date of retirement as determined by the City. 2. Upon separation from the City, employees who have completed a minimum of fifteen (15) years of service with the City shall have the choice to: a) Be paid for the accumulated sick leave up to twenty percent (20%) of the accumulated sick leave bank. b) Convert the hours to eight (8) hours work days and report to CalPERS for service credit. c) Or any combination of pay and service credit (maximum twenty percent [20%] payout compensation) of total/accumulated sick leave bank at the time of separation. d) Compensation shall be at the employees’ final hourly rate of pay. e) Accumulated sick leave shall not be used to postpone the effective date of the retirement as determined by the City. 3312548640.1 SE010-040 3. Employees employed prior to July 1, 1985, who are retired because of work related disabilities will be paid all of their accumulated sick leave at their final base hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will be placed in the sick leave bank set forth in Section 3.B above, and is not eligible for this payout provision. Section 5. Sick Leave During Vacation An employee who becomes ill while on vacation may have such period of illness charged to his accumulated sick leave provided that: A. Immediately upon return to duty, the employee submits to his supervisor a written request for sick leave and a written statement signed by his physician describing the nature and dates of illness. B. The Chief of Police recommends and the City Manager approves the granting of such sick leave. Section 6. Extended Sick Leave In the event of an employee's continuing illness which results in depletion of sick leave accumulation, the employee may request in writing, to the Chief of Police and City Manager, a leave of absence without pay for the purpose of recovering from the illness, provided: A. The employee has used all of his accumulated sick leave. B. The employee presents to his department head for referral to and consideration by the City Manager, a written explanation of the employee's illness and an estimate of the time needed for recovery signed by the employee's physician. C. Prior to resuming his duties, the employee may be required to take a medical examination at City expense and provide a medical release to return to work from the employee's physician as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager in determining the employee's fitness to return to work. D. The maximum period of such leave shall be ninety (90) calendar days. If the employee desires an extension, he shall follow, prior to the termination of the initial leave, the procedure described in Section 6.B above. Section 7. Family Leave Upon a demonstration of need and subject to the following conditions, an employee may take sick leave and/or unpaid leave to care for his newborn infant, whether through parentage or adoption, or a seriously ill or injured member of the 3412548640.1 SE010-040 employees "immediate family" as defined in Article XIV Section 2. Bereavement Leave, and shall also include a “Designated Person” which means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.. A. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. B. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date preceding the time when the leave is to begin. C. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. D. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. E. Family leave may be granted only upon the recommendation of the Chief of Police and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. F. A maximum of four hundred (400) working hours of family leave in any combination of sick leave and unpaid leave may be taken during any two (2) year period unless a greater amount is prescribed by state or federal law. Section 8. On The Job Injury Employees who are disabled by injury or illness arising out of and in the course of their duties as public safety employees of the City, shall be entitled to the benefits of California Labor Code Section 4850 as the Section now exists or is hereinafter amended. Any payments made pursuant to this Section shall not be charged as sick leave; sick leave and vacation benefits shall accrue during the period of disability pursuant to the provision of California Labor Code Section 4850. Section 9. Off The Job Injury An employee injured outside of his service with the City shall be compensated through the disability insurance plan provided by the City. ARTICLE XVII - PROBATIONARY PERIODS Section 1. Appointment Following Probation Period 3512548640.1 SE010-040 A. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of twelve (12) months of service. 3612548640.1 SE010-040 B. When unusual circumstances merit the extension of the probationary period, the Chief of Police shall request, in writing, approval of the City Manager. Said extension shall not exceed one hundred eighty (180) calendar days. Human Resources shall notify the Chief of Police and the probationer concerned no-less- than two (2) weeks prior to the termination of any probationary period. C. If the service of a probationary employee has been satisfactory, the Chief of Police shall file with Human Resources a statement, in writing, that the retention of the employee is desired. No actions changing an employee's status from probationary to regular full-time shall be made or become effective until approved by the City Manager. Section 2. Objective of Probationary Period The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position, and for rejecting any probationary employee whose performance does not meet the required standards of work. Section 3. Employee Performance Appraisal A. Each probationary employee shall have his performance evaluated at the end of each three (3) months of service or at more frequent intervals when deemed necessary by the Chief of Police. Regular employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the Chief of Police. Such evaluation shall be reported in writing and in the form approved by Human Resources. B. The written appraisal report of an employee's performance evaluation shall be filed in triplicate, the original to be filed with Human Resources and made a part of the employee's personnel records, one (1) copy to be retained by the department, and one (1) copy to be given to the employee. Section 4. Rejection of Probationary Employee A. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Chief of Police, with approval of the City Manager, without cause and without right of appeal, except the right of appeal of punitive action as may be provided by law. Notification of rejection, in writing, shall be served on the probationary employee and a copy filed with Human Resources. A termination interview may be conducted with each rejected probationer. B. An exception will be applied where the probationary employee's job termination or dismissal is based on charges of misconduct which stigmatizes his reputation or seriously impairs his opportunity to earn a living, or which might seriously damage his standing and association in the community. Where there is such a deprivation of a "liberty interest", the employee shall be given pre- 3712548640.1 SE010-040 2020-2021 State University Tuition $ Required University Fees $ Parking $ disciplinary procedural due process as defined in the City of Seal Beach Personnel Rules and Regulations and this Memorandum of Understanding. Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure as outlined in the Personnel Rules and Regulations. ARTICLE XVIII - LAYOFF PROCEDURES Section 1. Policy The policy for layoff procedures shall be as adopted in City's Personnel Rules and Regulations. ARTICLE XIX - MISCELLANEOUS PROVISIONS Section 1. Tuition Reimbursement A. Higher Education Degree Programs Unit members attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to two (2) semesters of full-time, undergraduate enrollment. Reimbursement is contingent upon the successful completion of the course. For any course that could be taken for a letter grade, it must be taken for a letter grade and successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. For any course that can only be taken for a grade of “credit” or “no credit”, successful completion means a grade of “credit”. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T. courses attended on duty. Example 1: Officer A attends California State University, Long Beach, for the Spring 2021 2024 semester and completes two (2) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows: 1,665764.00 (0-6 units) 554647.00 (approx.) 175300.00 Books $ 535.00 (approx.) TOTAL $ 23,929246.00 3812548640.1 SE010-040 Example 2: Officer B attends California State University, Long Beach, for the Spring 2021 2024 semester and completes three (3) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows: 20203-20241 State University Tuition $ 23,871042.00 (6.1 or more units) Required University Fees $554647.00 (approx.) Parking $175300.00 Books $ 535.00 (approx.) TOTAL $ 4,135524.00 B. Professional Conventions and Conferences Unit members who attend job related conventions and conferences that are not sponsored by the Department may submit for reimbursement under the tuition reimbursement program for the cost of enrollment. Attendance of conventions and conferences must be job related and pre-approved by the Chief of Police. The cost of travel, sustenance, and lodging is not reimbursable under tuition reimbursement per IRS Publication 970. Travel, sustenance, and lodging may be reimbursable via the Department’s Meetings and Conference budget. Employee is to submit a request to the Chief of Police prior to travel for approval in order to receive reimbursement for travel, sustenance, and lodging after the conference. All receipts for expenses must be attached to the reimbursement request and submitted to the Chief of Police for approval, and forwarded to the City Manager for final review and approval. Section 2. Physical Fitness Program The physical fitness program is a voluntary program for all sworn officers utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU. Section 3. Health Wellness Program Beginning July 2024, the City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year, subject to the City’s normal reimbursement processes and requirements for such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING Section 1. It is the intent of the parties hereto that the provisions of this MOU shall incorporate all prior agreements and memoranda of agreement, or memoranda 3912548640.1 SE010-040 of understanding, or contrary salary and/or personnel resolutions or administrative codes, provisions of the City, oral or written, expressed or implied, between the parties, and shall govern the entire relationship, and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law. Section 2. Notwithstanding the provision of Section 1., there exists within the City certain personnel rules and regulations and police department rules and regulations. To the extent that this MOU does not specifically contradict these personnel rules and regulations or police department rules and regulations or City ordinances, they shall continue subject to being changed by the City in accordance 4012548640.1 SE010-040 with the exercise of City rights under this MOU and applicable state law. Section 3. Except as provided herein, other terms and conditions of employment, oral or written, express or implied that are presently enjoyed by employees represented by the Association shall remain in full force and effect during the entire term of this MOU unless mutually agreed to the contrary by both parties hereto. ARTICLE XXI - CONCERTED REFUSAL TO WORK Section 1. Prohibited Conduct A. The Association, its officers, agents, representatives, and/or members agree that they will respect relevant law and judicial decisions regarding the withholding or diminishment of services to influence negotiations conducted under Section 3500 et.seq of the California Government Code. B. The City agrees that it shall not lock out its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work employees of the City in the exercise of rights as set forth in any of the provisions of this MOU or applicable ordinance or law. C. Any employee who participates in any conduct prohibited in subparagraph A. above may be subject to termination. D. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed in Section 2., Association Responsibility, below, the City may suspend certain rights and privileges accorded to the Association under the Employer-Employee Relations Resolution or by this MOU including, but not limited to, access to the grievance procedure and use of the City's bulletin boards and facilities. Section 2. Association Responsibility In the event that the Association, its officers, agents, representatives or members engage in any of the conduct prohibited in Section 1. above, Prohibited Conduct, the Association or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they should immediately cease engaging in conduct prohibited in Section 1. above, Prohibited Conduct, and return to work. ARTICLE XXII - EMERGENCY WAIVER PROVISION Section 1. In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum of Understanding or the Personnel Rules and 4112548640.1 SE010-040 Regulations of the City, which prevent the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Memorandum of Understanding and any Personnel Rules and Regulations. ARTICLE XXIII - SEPARABILITY Section 1. Should any provision of the MOU be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and shall govern. If there is a conflict between the Personnel Rules and Regulations and a specific provision of this MOU, the MOU provision shall be applied. ARTICLE XXV - MOU REOPENERS Section 1. The Association and the City shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State Agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU, in order to comply with State or Federal laws. ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING Section 1. The terms of this Memorandum of Understanding shall commence on July 1, 2023 0 and continue in full force and effect through June 30, 20253 - a three two (23) year contract. Section 2. The City of Seal Beach and the Police Officers’ Association agree to commence negotiations for the next contract year by April 1, 20253. (Intentionally Left Blank) 4212548640.1 SE010-040 ARTICLE XXVII - RATIFICATION Section 1. This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such ratification, approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. SEAL BEACH POLICE OFFICERS’ ASSOCIATION REPRESENTATIVES: Corporal Ben Jaipream, President Date: CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES: Jill R. Ingram, City Manager Date: Patrick Gallegos, Assistant City Manager Date: 4312548640.1 SE010-040 EXHIBIT A SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM INTRODUCTION The physical fitness program is a voluntary program for all sworn officers. Officers work out on their off duty time and may, depending upon availability of funds and staffing needs, in return receive compensation back to them after meeting the minimum requirements of the tests at the end of each six (6) month period. Officers may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six (6) month period. The maximum time each officer will be able to achieve is up to forty (40) vacation hours earned annually for as long as the officer continues successfully in the program. ENROLLMENT To start the program, each officer must contact the Physical Fitness Committee and advise them of your intent. You will need to have a doctor’s release to allow you to participate in the program. A copy of the physical requirements of the physical fitness program should be reviewed by your doctor when obtaining your release. For details of the annual physical exam refer to Article XIII section 6 of the SBPOA MOU. TESTING Each officer participating will be tested every six (6) months, specifically in the months of January and July. A minimum level has been established for each test. Participants will have to move up a category or reach maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation time. Testing may be conducted during on-duty hours at the Watch Commanders discretion. The Physical Fitness Committee will perform the testing. ALLOCATION OF HOURS Employees will be awarded four (4) hours for successfully completing each test as set forth in TESTING above. No employee shall receive any hours if they fail to meet the minimum standards for at least three (3) of the five (5) tests. 4412548640.1 SE010-040 PHYSICAL FITNESS COMMITTEE The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of Police. The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters. VALIDATED HEALTHCARE PROBLEM CLAUSE Those officers who for validated Healthcare reasons cannot participate in the fitness program as designed may contact the Physical Fitness Committee for program modification. Validated Healthcare problems are those diagnosed by a physician as limiting participation in a certain activity. REQUIRED TEST The physical fitness needs of Police Officers fall into three (3) areas: o Cardio Fitness o Strength o Flexibility The tests outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to evaluate fitness in these areas will be: Cardio Fitness:1.5 Mile run Strength:Push-ups Sit-ups Pull-ups Flexibility:Forward Stretch HEALTHCARE COVERAGE Participation in the program will be on a voluntary basis. Any exercise workouts done under this program, i.e. weight lifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, The city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program. All employees must receive clearance from their personal physician prior to beginning program participation. 4512548640.1 SE010-040 CARDIO FITNESS TESTS - 1.5 Mile Run Officers will run a one point five (1.5) mile course established by the Training Unit. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures ones aerobic capacity or the ability of the heart and lungs to utilize oxygen. Under 30 Below 30-34 Below 35-39 Below Excellent 10:15 11:00 11:30 Good 10:16-12:00 11:01-12:30 11:31-13:00 Fair 12:01-14:30 12:31-15:00 13:01-15:30 Poor 14:31-16:30 15:01-17:00 15:31-17:30 Very Poor 16:31-Above 17:01-Above 17:31-Above Maintenance Level 11:00 12:00 12:30 Minimum Level 14:30 15:15 15:30 40-44 Below 40-49 Below 50 + Below Excellent 12:00 12:15 12:30 Good 12:01-13:30 12:16-13:45 12:31-14:30 Fair 13:31-16:00 13:46-16:15 14:31-17:00 Poor 16:01-18:00 16:16-18:15 17:01-19:00 Very Poor 18:01-Above 18:16-Above 19:01-Above Maintenance Level 13:00 13:30 14:00 Minimum Level 15:45 16:00 16:45 STRENGTH TESTS The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his fist on the ground below the officer's chest. The officer must keep his back straight at all times and from the up position, lower him/herself to the floor until his chest touches his partner's hand and then push to the up position again. The officers can rest in the up position. The total number of correct push-ups are recorded and compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical confrontations such as pushing, pulling, controlling, and handcuffing. 4612548640.1 SE010-040 Under 30 30-39 40-49 50 + Excellent 43 -37 -30 -25 + Good 28-42 23-36 20-29 17-24 Fair 20-27 17-22 15-19 12-16 Poor 5-19 3-16 2-14 2-11 Very Poor 4-Below 2-Below 2-Below 1-Below Maintenance Level 40 35 25 18 Minimum Level 18 15 13 11 PULL-UPS Officer will hold bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Officer must pull his body up to a position where his chin is above the bar for one repetition. The total number of correct pull-ups are recorded and compared to the standards on the chart. In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull down seventy percent (70%) of their body weight ten (10) times in order to achieve maintenance level. Under 30 30-39 40-49 50 + Excellent 9 & Above 7 & Above 6 & Above 5 & Above Good 8 6 5 4 Fair 6-7 4-5 3-4 2-3 Poor 5 3 2 1 Very Poor 4 & Above 2 & Above 1 & Above 0 Maintenance Level 8 6 5 4 Minimum Level 5 3 2 1 SIT-UPS Officer starts by lying on his/her back, knees bent, heels flat on the floor and arms folded across the chest. A partner holds the feet down. In the up position, the officer will touch his elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is a continuous exercise, no resting. The total number of correct sit- ups are recorded and compared to the standards on the chart. This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems. 4712548640.1 SE010-040 *1 CONTINUOUS MINUTE * Under 30 30-39 40-49 50 + Excellent 51 & Above 45 & Above 40 & Above 36 & Above Good 40-50 34-44 27-39 23-39 Fair 35-39 29-33 20-26 16-22 Poor 24-34 18-28 7-19 6-15 Very Poor 23 -17 -6 -5 - Maintenance Level 45 40 35 30 Minimum Level 30 25 20 15 FLEXIBILITY Officer sits on the ground with his legs out straight in front of him. Heels of feet are placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his toes with his fingertips as far as he can. The distance above or below his heels is measured. The distance is recorded as plus or minus inches. Plus inches is below the heels and negative is above the heels. Compare the results against the standards on the chart. Under 30 30-39 40-49 50 + Excellent +10" & Below +9" & Below +8" & Below +7" & Below Good +4" to 9.5"+ 3.5" to 8.5"+1" to 7.5"0 to +6.5" Fair +1.5" to 3.5"+1" to 3"-2" to +.5"-3" to -.5" Poor -4.5" to +1"-6.5" to +.5"-9" & Above -10" to 3.5" Very Poor -5" & Above -7" & Above -9.5 & Above -10.5"& Above Maintenance Level +5"+4"+1"0" Minimum Level 0"-2"-4"-5" Agenda Item I AGENDA STAFF REPORT DATE:August 12, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services for Reimbursement of Operation Costs for Fiscal Year 2023 Operation Stonegarden ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7556: 1. Authorizing the Chief of Police to execute an agreement on the City’s behalf for transfer or purchase of equipment and services for reimbursement of operating costs for FY 2023; and, 2. Authorizing any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency (FEMA) and sub- granted through the Riverside Sheriff’s Department in connection with the Operation Stonegarden (OPSG) Homeland Security Grant Program. BACKGROUND AND ANALYSIS: The Department of Homeland Security (DHS), via the Homeland Security Grant Program, has allocated funds for use by local governments to increase coordination and enforcement capabilities in support of DHS goals, including those outlined in the Border Patrol National Strategy. As law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border, the City of Seal Beach is eligible to receive financial assistance in the form of reimbursement for equipment purchases, maintenance costs, overtime, and management and administration costs incurred, through the Riverside Sheriff’s Department sub-grants from the State of California. During the most recent OPSG grant cycle, Seal Beach Police Department applied for and was awarded funding to provide increased law enforcement patrols and special operations throughout the 1.5 miles of coastline, coastal access points, and flood control access points in the jurisdiction of Seal Beach, in an effort to reduce Page 2 1 8 6 7 smuggling and marine interdiction related crimes. Additionally, funding was awarded to purchase Automated License Plate Reader (ALPR) cameras to be placed at high traffic areas along the coastline. The special operations and ALPR cameras will show high levels of law enforcement presence and serve as a criminal deterrent to help maintain coastal borders, and can lead to drug and vehicle seizures, as well as arrests. In addition, a portion of the funding will go towards the purchase of a new black and white patrol vehicle to be used during these operations. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: Sufficient funding has been included in the FY 2024-2025 Budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7556: 1. Authorizing the Chief of Police to execute an agreement on the City’s behalf for transfer or purchase of equipment and services for reimbursement of operating costs for FY 2023; and, 2. Authorizing any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency (FEMA) and sub- granted through the Riverside Sheriff’s Department in connection with the Operation Stonegarden (OPSG) Homeland Security Grant Program. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Page 3 1 8 6 7 Prepared by: Sergeant Brian Gray, Emergency Services Coordinator ATTACHMENTS: A. Resolution 7556 B. 2023 Operation Stonegarden Memorandum of Agreement RESOLUTION 7556 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE SUB-AWARD AGREEMENT BETWEEN CITIES OF SEAL BEACH, RIVERSIDE SHERIFF’S DEPARTMENT, AND OTHER PARTICIPATNG AGENCIES FOR THE FY 2023 OPERATION STONEGARDEN GRANT PROGRAM WHEREAS, the Department of Homeland Security Appropriations Act provides funding to address the needs of improving operational control of the border through increased coordination and enforcement capabilities through Operation Stonegarden (OPSG); and, WHEREAS, the Seal Beach Police Department is eligible to receive financial assistance in the form of reimbursement for equipment, maintenance costs, overtime, and management and administrative costs incurred, through Homeland Security sub-grants from Riverside Sheriff’s Department. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the agreement for transfer or purchase of equipment and services for reimbursement of operating costs FY 2023 Operation Stonegarden (OPSG) Homeland Security Grand Program and to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency (FEMA) and sub-granted through the Riverside Sheriff’s Department. Section 2. The City Council hereby authorizes and directs the Chief of Police and/or the City Manager to execute the agreement and any other documents necessary to receive and use the grant funds. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of August 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 9 3 2 7 Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7556 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of August 2024. Gloria D. Harper, City Clerk