BUENA PARK CITY COUNCIL REGULAR MEETING MAY 24, P.M.

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1 AGENDA BUENA PARK CITY COUNCIL REGULAR MEETING MAY 24, P.M. PUBLIC HEARINGS AT 6 P.M. COUNCIL CHAMBER 6650 BEACH BOULEVARD BUENA PARK, CALIFORNIA CLOSED SESSION REPORT FOR ADJOURNED MEETING CALL TO ORDER 5 P.M. ROLL CALL COUNCIL MEMBER STEVE BERRY COUNCIL MEMBER ARTHUR C. BROWN COUNCIL MEMBER VIRGINIA VAUGHN MAYOR PRO TEM ELIZABETH A. SWIFT MAYOR FRED R. SMITH INVOCATION PASTOR MIKE HAMMONTRE KNOTT AVENUE CHRISTIAN CHURCH PLEDGE OF ALLEGIANCE SUNG HYUN, DIRECTOR OF FINANCE PRESENTATIONS POLICE DEPARTMENT DISTINGUISHED SERVICE AWARD Presented to Corporal Eric Burciaga EMPLOYEE SERVICE AWARD Ten Year Service Michael Brito of the Public Works Department Our core values are excellence, communication, teamwork, commitment, respect, and integrity. This agenda contains a brief general description of each item to be considered. The detailed staff reports and supporting documents are available for review and copying in the City Clerk s office. The City Council is prohibited from discussing or taking action on any item which is not included in this agenda; however, the City Council may ask clarifying questions, ask staff to followup, or provide other direction. The maximum time allotted for the oral communications portion of the meeting is 45 minutes, and the Mayor may limit the length of comments due to the number of persons wishing to speak. The order of business as it appears on this agenda may be modified by City Council. Any person with an impairment pursuant to the Americans with Disability Act who needs special accommodations should call the City Clerk at 714/ Please turn off all cell phones when the meeting is in session. City Council Meeting of 5/24/2016 5PM Page 1

2 Agenda May 24, 2016 Page 2 PRESENTATIONS (continued) CERTIFICATES OF CONGRATULATIONS TO THE 2016 CALIFORNIA GOLD RIBBON SCHOOLS FOR SAVANNA SCHOOL DISTRICT Cerritos School Hansen School Holder School Twila Reid School CERTIFICATES OF CONGRATULATIONS TO THE 2016 CALIFORNIA GOLD RIBBON SCHOOLS FOR BUENA PARK SCHOOL DISTRICT Arthur F. Corey Elementary School Gordon H. Beatty Elementary School James A. Whitaker Elementary School Mabel L. Pendleton Elementary School ANNOUNCEMENT REGARDING THE BUENA PARK LIBRARY SUMMER READING PROGRAM Presented by Mary Ivelia, Librarian, and Stella Galvan, Outreach Coordinator City Council Meeting of 5/24/2016 5PM Page 2

3 Agenda May 24, 2016 Page 3 ORAL COMMUNICATIONS This is the portion of the meeting set aside to invite public comments regarding any matter within the jurisdiction of the City Council. Public comments are limited to no more than five minutes each. If comments relate to a specific agenda item, those comments will be taken following the staff report for that item and prior to the City Council vote. Those wishing to speak are asked to complete a speaker identification form located at the council chamber entrance and place it in the box near the speaker s lectern. CONSENT CALENDAR NOTICE The items listed under the Council Consent Calendar are considered routine business and will be voted on together by one motion unless a Council Member requests separate action. At this time the City Council or public may ask to speak on any item on the Consent Calendar. CONSENT CALENDAR (1 8) 1. APPROVAL OF MINUTES Meetings of May 10, 2016, 3:30 p.m., May 10, 2016, 5 p.m., and May 10, 2016, 6 p.m. Recommended Action: Approve. 2. RESOLUTIONS APPROVING CLAIMS AND DEMANDS Recommended Action: Adopt resolutions. 3. FINAL PAYMENT FOR THE BELLIS PARK FENCE IMPROVEMENTS PROJECT Purpose: To issue final payment and file a Notice of Completion for the Bellis Park Fence Improvements Project. This project will be funded by the 2014 Housing Related Parks (HRP) Program grant. Recommended Action: 1) Accept project as complete and ratify final payment to Rio Jordan Construction, Inc. in the amount of $2,085.25; and 2) Direct the City Clerk to file a Notice of Completion. City Council Meeting of 5/24/2016 5PM Page 3

4 Agenda May 24, 2016 Page 4 4. FINAL PAYMENT FOR THE COMMUNITY CENTER PEDESTRIAN GATE PROJECT Purpose: To issue final payment and file a Notice of Completion for the Community Center Pedestrian Gate Project. This project was funded by the Park-in-Lieu Fund. Recommended Action: 1) Accept project as complete and ratify final payment to Damon, Inc. in the amount of $10,052.90; 2) Direct the City Clerk to file a Notice of Completion; and 3) Approve the use of previously budgeted Park-in-Lieu funds for this project. 5. FINAL PAYMENT FOR THE ORANGETHORPE AVENUE WIDENING PROJECT FROM STANTON AVENUE TO INDIANA AVENUE Purpose: To issue a final payment and file a Notice of Completion for the Orangethorpe Avenue Widening Project from Stanton Avenue to Indiana Avenue. This project was funded by the Gas Tax Fund. Recommended Action: 1) Accept the project as complete and approve a final payment to Bitech Construction Company in the amount of $25,796.43; 2) Approve an increase to the contract amount with Bitech Construction Company in the amount of $23,236.27; and 3) Direct the City Clerk to file a Notice of Completion. 6. DENIAL OF A REQUEST FOR OVERNIGHT PARKING AT BELLIS PARK FOR RESIDENTS OF 9TH STREET Purpose: To continue the restrictions on overnight parking at Bellis Park. Recommended Action: 1) Deny a request for overnight parking at Bellis Park for residents of 9th Street. 7. INITIATION OF THE CALTRANS DECERTIFICATION PROCESS FOR PROPERTY LOCATED SOUTH OF AUTO CENTER DRIVE, NORTH OF THE INTERSTATE 5 (I-5) FREEWAY NORTHBOUND ON-RAMP Purpose: To request Caltrans to start the decertification process in order to move forward in the process of potentially acquiring the property. Recommended Action: 1) Approve a request to Caltrans to initiate the decertification process for Caltrans-owned property located on the south side of Auto Center Drive, just north of the I-5 Freeway northbound on-ramp; and 2) Approve a budget allocation in the amount of $25,000 for this purpose. City Council Meeting of 5/24/2016 5PM Page 4

5 Agenda May 24, 2016 Page 5 8. RESOLUTION ESTABLISHING THE BUENA PARK TOURISM MARKETING DISTRICT (BPTMD) Purpose: To adopt a resolution establishing the BPTMD to assist with marketing efforts for Buena Park lodging businesses. Recommended Action: 1) Adopt a Resolution establishing the Buena Park Tourism Marketing District (BPTMD). END OF CONSENT CALENDAR NEW BUSINESS (9-14) 9. RESOLUTION TO ADOPT AN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF BUENA PARK AND THE BUENA PARK CITY EMPLOYEES ASSOCIATION (BPCEA) Staff report by Eddie Fenton, Director of Human Resources and Risk Management Purpose: To approve an amended and restated labor contract with the Buena Park City Employees Association. Recommended Action: 1) Adopt a resolution approving an amended and restated Memorandum of Understanding (MOU) between the City of Buena Park and the Buena Park City Employees Association; and 2) Approve a fiscal year budget amendment in the amount of $352,500 for provisions of the MOU. 10. RESOLUTION TO ADOPT AN AMENDED AND RESTATED COMPENSATION PLAN FOR MANAGEMENT AND EXECUTIVE EMPLOYEES AND CITY COUNCIL Staff report by Eddie Fenton, Director of Human Resources and Risk Management Purpose: To approve an amended and restated compensation plan for Management and Executive Employees, and City Council. Recommended Action: 1) Adopt a resolution approving an amended and restated Compensation Plan for Management and Executive Employees, and City Council; and 2) Approve a fiscal year budget amendment in the amount of $210,000 for the provisions of the Compensation Plan. 11. ORDINANCE PERTAINING TO SALARIES FOR COUNCIL MEMBERS Staff report by Eddie Fenton, Director of Human Resources and Risk Management Purpose: To adjust salaries for Council Members pursuant to the City Council Protocols which state that discussion of Council salary adjustments will be placed on the agenda at the time that the general employees receive cost of living adjustments. Recommended Action: 1) Adopt ordinance adjusting salaries for Council Members. City Council Meeting of 5/24/2016 5PM Page 5

6 Agenda May 24, 2016 Page ORDINANCE AMENDING REGULATIONS APPLICABLE TO RETAINING AND DISPOSING OF ABANDONED PROPERTY AND AMENDING SECTION AND SUBSECTION A OF SECTION OF CHAPTER 3.23 OF ARTICLE 3 OF THE BUENA PARK MUNICIPAL CODE Staff report by Frank Nunes, Police Lieutenant Purpose: To revise the current ordinance related to abandoned or unclaimed personal property in order to be consistent with state law. Recommended Action: 1) Adopt an ordinance amending regulations applicable to retaining and disposing of abandoned property and amending section and subsection A of section of Chapter 3.32 of Article 3 of the Buena Park Municipal Code. 13. AMENDMENT NO. 4 TO AN AGREEMENT WITH AEGIS ITS TO INCREASE THE FUNDING FOR CITY TRAFFIC SIGNAL EXTRAORDINARY MAINTENANCE Staff report by Kristin Taylor, Assistant Engineer Purpose: To cover the costs of unforeseen maintenance requirements in the current traffic signal extraordinary maintenance contract. This increase will be funded by the Gas Tax Fund. Recommended Action: 1) Approve Amendment No. 4 to the Agreement with Aegis ITS in the amount of $90,000 to cover unforeseen extraordinary charges; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the Amendment; 3) Authorize the City Manager and City Clerk to execute the amendment; and 4) Approve a budget transfer in the amount of $90,000 from Gas Tax Fund. 14. RESOLUTION TO INSTALL A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF COMMONWEALTH AVENUE AND INDIANA AVENUE Staff report by Kristin Taylor, Assistant Engineer Purpose: To install a new traffic signal at the intersection of Commonwealth Avenue and Indiana Avenue to reduce speeds within the area and improve pedestrian safety. Recommended Action: 1) Approve a resolution to install a new traffic signal at the intersection of Commonwealth Avenue and Indiana Avenue; and 2) Approve a budget transfer in the amount of $50,000 from the unappropriated Gas Tax Fund to fund the purchase and installation of the previously approved street lights, and retain an engineer to design the proposed traffic signal. MAYOR/CITY COUNCIL REPORTS CITY MANAGER REPORT City Council Meeting of 5/24/2016 5PM Page 6

7 Agenda May 24, 2016 Page 7 RECESS STUDY SESSION (15-23) (Adjourn to Conference Room) 15. DISCUSSION AND DIRECTION REGARDING THE CIVIC THEATER REQUEST FOR MUSICAL THEATRE PROPOSAL AND POTENTIAL YOUTH THEATER REQUEST FOR PROPOSAL Report by Margaret Riley, Director of Community Services 16. DISCUSSION AND DIRECTION REGARDING THE CITY WEBSITE DESIGN UPDATE Report by Aaron France, Assistant to the City Manager 17. DISCUSSION AND DIRECTION REGARDING SIGNAGE FOR FALLEN OFFICER MEMORIAL HIGHWAY Report by Corey S. Sianez, Chief of Police 18. DISCUSSION AND DIRECTION REGARDING A BOND MEASURE FOR PARKS RENOVATION AND IMPROVEMENTS Report by Shalice Tilton, City Clerk 19. DISCUSSION AND DIRECTION REGARDING A BALLOT MEASURE FOR CITY COUNCIL TERM LIMITS Report by Shalice Tilton, City Clerk 20. CITY COUNCIL CALENDAR a. Scheduling dates for future City Council meetings. b. Identifying items for future discussion. 21. CITY COUNCIL REPORT 22. CITY MANAGER REPORT 23. COMMISSION/COMMITTEE APPOINTMENTS/REMOVALS ADJOURNMENT - to June 14, 2016, at 3:30 p.m. City Council Meeting of 5/24/2016 5PM Page 7

8 Item 01 MINUTES OF AN ADJOURNED MEETING OF BUENA PARK CITY COUNCIL HELD MAY 10, 2016 Vol. 48 Pg. 11 CALL TO ORDER The City Council met in an adjourned session on Tuesday, May 10, 2016, at 3:32 p.m., in the Council Chamber, 6650 Beach Boulevard, Buena Park, California, Mayor Smith presiding. ROLL CALL PRESENT: ABSENT: Berry, Brown, Swift, Vaughn, Smith None Also present were: Jim Vanderpool, City Manager; and Shalice Tilton, City Clerk ORAL COMMUNICATIONS Mayor Smith announced the public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council. There being none, Mayor Smith closed the oral communications. CLOSED SESSION (1 5) Mayor Smith stated the need for a closed session as scheduled and ordered the meeting into closed session in the City Council Conference Room. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Gov. Code Section Property: 6245, 6251 and 6255 Auto Center Drive Negotiating Parties: Ruben Lopez, City and Industrious Motors, LLC, dba Buena Park Nissan Under Negotiation: Price and Terms The City Council approved the terms of a lease with Buena Park Nissan. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Gov. Code Section Property: 6289 Auto Center Drive, APN: Negotiating Parties: Ruben Lopez, City and State of California Department of Transportation Under Negotiation: Price and Terms The City Council authorized staff to commence negotiations. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR City Council Meeting of 5/24/2016 5PM Page 8

9 Item 01 City Council Minutes May 10, 2016 Vol. 48 Pg. 12 Pursuant to Gov. Code Section Property: 6346 and 6321 Burnham Avenue, 6371 and 6291 Western Avenue Negotiating Parties: Ruben Lopez, City and German and Ana Centeno Under Negotiation: Price and Terms The City Council authorized a counteroffer to the tenant. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Gov. Code Section Property: 8192 Orangethorpe Avenue Negotiating Parties: David Jacobs, City and Bong Sang Lim and Kwee Je Lim, Trustees of the Lim Family Trust Property: 8202 Orangethorpe Avenue Negotiating Parties: David Jacobs, City and Philip Kwee Lim and Peter Kwee Lim Property: 8212 Orangethorpe Avenue Negotiating Parties: David Jacobs, City and Juan Manuel Camacho and Kristin Camacho Property: 8222 Orangethorpe Avenue Negotiating Parties: David Jacobs, City and Emilio Bahena and Armida Bahena Property: 8232 Orangethorpe Avenue Negotiating Parties: David Jacobs, City and Mei-Fu, Inc. Under Negotiation: Price and Terms The City authorized retaining a relocation consultant. 5. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Gov. Code Section Agency Negotiator: Eddie Fenton, Director of Human Resources & Risk Management Employee Organization: Buena Park City Employees Association; Buena Park Technical, Office and Professionals Association; Buena Park Management Unit; Buena Park Police Management Association; and Buena Park Police Association The City Council received a report then recessed the meeting. The meeting reconvened after the regular meeting, and the City Council provided direction to its negotiator. Mayor Smith reconvened the meeting in open session, and City Attorney Dorsey announced reportable action as delineated above. RECESS Mayor Smith recessed the meeting at 4:50 p.m. The meeting was reconvened at 9:50 p.m. to continue consideration of Item 5. ADJOURNMENT There being no further business, Mayor Smith adjourned the meeting at 10:30 p.m. City Council Meeting of 5/24/2016 5PM Page 9

10 Item 01 City Council Minutes May 10, 2016 Vol. 48 Pg. 13 ATTEST: Mayor City Clerk City Council Meeting of 5/24/2016 5PM Page 10

11 Item 01 MINUTES OF CITY COUNCIL MEETING OF THE CITY OF BUENA PARK HELD MAY 10, 2016 Vol. 48 Pg. 13 CALL TO ORDER The City Council met in a regular session on Tuesday, May 10, 2016, at 5 p.m. in the City Council Chamber of the Civic Center, 6650 Beach Boulevard, Buena Park, California, Mayor Smith presiding. ROLL CALL PRESENT: ABSENT: Berry, Brown, Swift, Vaughn, Smith None Also present were: Jim Vanderpool, City Manager; Steven L. Dorsey, City Attorney; and Shalice Tilton, City Clerk. INVOCATION The invocation was led by Reverend Dr. John R. Mcfarland, Orangethorpe United Methodist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Alice Burnett, Senior Human Resources Analyst. PRESENTATIONS Council Member Berry presented a ten-year employee service award to Gustavo Jimenez of the Police Department. Council Member Brown presented a proclamation for Peace Officers Memorial Month to Corey Sianez, Chief of Police. Mayor Pro Tem Swift presented a proclamation for National Public Works Week Public Works Always There to David Jacobs, Interim Director of Public Works. Council Member Vaughn presented a certificate of recognition for Mental Health Awareness. Police Chief Corey Sianez presented proceeds in the amount of $26, from the Relay for Life Golf tournament to the American Cancer Society. The Buena Park Cable Foundation presented its 2016 Buena Park Cable Foundation Scholarship Awards to the following recipients: Mandi Ortiz, Justine Banal, Karolina Rivas, Robert Miyoshi, and Brian Legaspi. Council Member Vaughn, Mayor Pro Tem Swift, and Matt Bates, Vice President City Net, gave an update on Bright Paths Creating Solutions for Our Homeless Neighbors. ORAL COMMUNICATIONS Mayor Smith announced that this is the time for the public to speak on any city-related issue and inquired if anyone present desired to speak. Todd Trout, representing the Boys and Girls Club, thanked organizers of the Love Buena Park and Relay for Life events for involving the Boys and Girls Club. Youth of the Year Award winners Kayla Woodson and Manuel Alcaraz announced the June 11 Western Round-Up BBQ Dinner Fundraiser. City Council Meeting of 5/24/2016 5PM Page 11

12 City Council Minutes May 10, 2016 Vol. 48 Pg. 14 Item 01 Dewayne Miller, 6691 Rostrata Avenue, Buena Park, a 25-year resident, thanked police officers for their service, and expressed concern about parking overflow onto Rostrata Avenue. He recommended permit parking. There being no further requests to speak, Mayor Smith closed the oral communications. CONSENT CALENDAR (1-11) Mayor Smith announced that Consent Calendar Items 1 through 11 would be acted upon by one motion affirming the actions as recommended on the agenda and agenda bills submitted and inquired if anyone present desired to have any item removed for separate consideration. Council Member Berry requested separate consideration of Item 11. There being no further requests for separate consideration, the following action was taken: MOTION: SECOND: AYES: NOES: Berry Swift Berry, Swift, Brown, Vaughn, Smith None MOTION CARRIED that all actions recommended on Consent Calendar Items 1 through 10 be approved. CONSENT CALENDAR (1 11) Minutes 1. APPROVAL OF MINUTES Meetings of April 26, 2016, 3:30 p.m.; April 26, 2016, 5 p.m., and April 26, 2016, 6:30 p.m. Recommended Action: Approve. APPROVED. Finance RESOLUTIONS APPROVING CLAIMS AND DEMANDS Recommended Action: Adopt resolutions. ADOPTED the following titled resolutions: RESOLUTION NO : RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $36, DEMAND NOS THROUGH RESOLUTION NO : RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,191, DEMAND NOS THROUGH VOIDS SEE ATTACHED LIST RESOLUTION NO : RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,570, DEMAND NOS THROUGH RESOLUTION NO : RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $657,839.66, COVERING REGULAR PAYROLL ENDING APRIL 8, 2016 RESOLUTION NO : RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $23, COVERING RETIREE PAYROLL ENDING APRIL 30, 2016 City Council Meeting of 5/24/2016 5PM Page 12

13 City Council Minutes May 10, 2016 Vol. 48 Pg. 15 Item 01 RESOLUTION NO : RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $659,178.73, COVERING REGULAR PAYROLL ENDING APRIL 22, 2016 Proclamations PROCLAMATION PEACE OFFICERS MEMORIAL MONTH MAY 2016 Recommended Action: Approve proclamation. APPROVED the recommended action. Proclamations PROCLAMATION NATIONAL PUBLIC WORKS WEEK MAY 15-21, 2016 Recommended Action: Approve proclamation. APPROVED the recommended action. Commendations RESOLUTION HONORING AND COMMENDING MANUEL MARTINEZ ON HIS RETIREMENT Recommended Action: Adopt resolution. ADOPTED the following titled resolution: RESOLUTION NO : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, HONORING AND COMMENDING MANUEL MARTINEZ ON HIS RETIREMENT Finance SUMMER CONCERT SERIES WATER BILL INSERT Purpose: To encourage residents to attend the Summer concert series. Recommended Action: 1) Approve a water bill insert advertising the City of Buena Park and Buena Park Downtown concert series. APPROVED the recommended action. Contracts 70 C APPROVAL OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AGENCY SERVICE PLAN TO CLARIFY SENIOR MOBILITY PROGRAM (SMP) TRANSPORTATION SERVICES PROVIDED BY THE CITY OF BUENA PARK Purpose: To approve the OCTA Agency Service Plan to clarify the type of Senior Mobility Program (SMP) transportation services provided by the City of Buena Park as required by OCTA. Recommended Action: 1) Approve the Orange County Transportation Authority (OCTA) Agency Service Plan to clarify the type of Senior Mobility Program (SMP) transportation services provided by the City of Buena Park; and 2) Authorize the City Manager and City Clerk to execute the plan. APPROVED the recommended action. Budgets 47 Contracts 70 C-2807 C BUDGET TRANSFER FOR REAL ESTATE APPRAISALS AND ARCHITECTURAL DESIGN SERVICES FOR THE POTENTIAL HISTORICAL PRESERVATION AREA NEAR WHITAKER-JAYNES ESTATE City Council Meeting of 5/24/2016 5PM Page 13

14 City Council Minutes May 10, 2016 Vol. 48 Pg. 16 Item 01 Purpose: To approve a budget transfer to pay for property appraisals and design services to assess the viability of a potential historical preservation area. These services will be paid for by Capital Improvement Project Park-in-Lieu funds. Recommended Action: 1) Approve a budget transfer from the Capital Improvement Project budget in the amount of $26,600 for appraisal services for properties at th Street, th Street, th Street, th Street, th Street, and th Street, and architectural design services for potential historic preservation area between 9th and 10th Streets. APPROVED the recommended action. Contracts 70 C-2724 Budgets CHANGE ORDER FOR THE FLORENCE AVENUE AND MYRA AVENUE SEWER REPLACEMENT PROJECT Purpose: To approve a change order for the dewatering operation and differing site conditions to facilitate installation of the sewer line along Florence Avenue. Recommended Action: 1) Approve a change order in an amount not-to-exceed $320,000 for the dewatering operation and differing site conditions along Florence Avenue; 2) Authorize the City Manager to execute the change order; and 3) Approve a budget transfer in the amount of $320,000 from the undesignated Water Enterprise Fund. APPROVED the recommended action. Purchasing PURCHASE OF TEN REPLACEMENT MOBILE DATA COMPUTERS (MDCs) FOR POLICE DEPARTMENT PATROL VEHICLES Purpose: To purchase Mobile Data Computers (MDCs) and associated mounting hardware to replace existing, outdated equipment within Police Department patrol vehicles. Recommended Action: 1) Approve the purchase of ten replacement Mobile Data Computers (MDCs) and associated mounting hardware from DuraTech USA for Police Department patrol vehicles in the amount of $45,333.64; and 2) Authorize the City Manager to execute the purchase order. APPROVED the recommended action. Contracts 70 C LAND EXCHANGE AGREEMENT WITH CITY VENTURES HOMEBUILDING, LLC THAT INCLUDES APN (LOCATED ADJACENT TO 8102/8118 ORANGETHORPE AVENUE) AND ASSESSOR S PARCEL NO (LOCATED NEAR ARTESIA BOULEVARD AND THE 1-5 FREEWAY) Purpose: To approve a land exchange agreement to exchange ownership of a Cityowned parcel and a City Ventures-owned parcel. Recommended Action: 1) Approve a land exchange agreement with City Ventures Homebuilding, LLC for property located at APN and APN , owned by the City and City Ventures, respectively; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and 3) Authorize the City Manager/Executive Director and the City Clerk to execute the agreement. Council Member Berry requested clarification on how the non-monetary changes are tracked. MOTION: SECOND: AYES: NOES: Berry Swift Berry, Swift, Brown, Vaughn, Smith None MOTION CARRIED to approve the recommended action. City Council Meeting of 5/24/2016 5PM Page 14

15 City Council Minutes May 10, 2016 Vol. 48 Pg. 17 Item 01 NEW BUSINESS (12-14) Purchasing 127 Budgets PURCHASE OF A POLICE VEHICLE, AND PURCHASE AND INSTALLATION OF ASSOCIATED ACCESSORIES FOR USE BY THE HOMELESS TASK FORCE Staff report by David Jacobs, Interim Director of Public Works Purpose: To purchase and outfit a new Homeless Task Force vehicle to be used by dedicated Police officers to help homeless individuals graduate from the streets. The Police Patrol Services account will be used for this purpose. Recommended Action: 1) Authorize the purchase of one new 2016 Ram Crew Cab 4x4 from McPeek Dodge of Anaheim in the amount of $29,998.19; 2) Authorize the purchase of vehicle accessories from Adamson Police Products in La Palma, CA, in the amount of $7,666.58; 3) Authorize the cost of labor to install the accessories from Airwave Communications in Commerce, CA, in the amount of $3,874.28; and 4) Authorize a budget transfer in the amount of $41, from the Police Patrol Services account ( ) for this purpose. During its discussion, the City Council directed staff to provide graphic identification on the vehicle as appropriate, understanding that the vehicle may be used for other City purposes. MOTION: SECOND: AYES: NOES: Vaughn Berry Vaughn, Berry, Brown, Swift, Smith None MOTION CARRIED to approve the recommended action. County/State Grants RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE CALRECYCLE PAYMENT PROGRAM AND RELATED AUTHORIZATION Staff report by Joe Hunt, Senior Environmental Inspector Purpose: To adopt a resolution authorizing submission of a CalRecycle application to secure funding for recycling and litter reduction purposes. Recommended Action: 1) Adopt a resolution authorizing submittal of a CalRecycle application for payment programs and related authorizations; and 2) Authorize the Director of Public Works to execute the application and any other necessary documents. During the discussion, the City Council expressed desire to receive follow-up reports from the school districts on the effectiveness of the program. MOTION: SECOND: AYES: NOES: Vaughn Swift Vaughn, Swift, Berry, Brown, Smith None MOTION CARRIED to approve the recommended action and to ADOPT the following titled resolution: RESOLUTION NO : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATION FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS Contracts 70 C CONTRACT WITH INTERLOG HYM ENGINEERING FOR THE SOUTHERN CALIFORNIA EDISON (SCE) RIGHT-OF-WAY PARKING LOT NEXT TO THE MOVIELAND WAX MUSEUM IMPROVEMENT PROJECT Staff report by David Jacobs, Interim Director of Public Works Purpose: To hire a contractor for the parking lot improvements within the SCE right-ofway next to the Movieland Wax Museum Project. This project will be funded by the Economic Development Fund. City Council Meeting of 5/24/2016 5PM Page 15

16 City Council Minutes May 10, 2016 Vol. 48 Pg. 18 Item 01 Recommended Action: 1) Waive minor irregularities in the low bid and award a contract to Interlog HYM Engineering in the amount of $1,259, for the parking lot improvements within the SCE right-of-way next to the Movieland Wax Museum Project; 2) Authorize contingency funds in the amount of $126,000 in the same purchase order; and 3) Authorize the City Manager and the City Clerk to execute the contract. City Attorney Dorsey referred to communications received about the alleged irregularities in the low bid, stating that some of the concerns raised were not applicable or were minor irregularities that could be waived. MOTION: SECOND: AYES: NOES: Berry Vaughn Berry, Vaughn, Brown, Swift, Smith None MOTION CARRIED to approve the recommended action. CALL TO ORDER 6 P.M. PUBLIC HEARING (15-20) Water PUBLIC HEARING CONSIDERATION OF PROPOSED INCREASE TO WATER SERVICE CHARGES Staff report by Michael Grisso, Utilities Manager Purpose: To adopt a water rate increase to adjust for the increase in the cost of water supply, following Proposition 218 requirements. Recommended Action: 1) Conduct a public hearing on proposed water rate adjustments; and 2) Adopt a resolution establishing the water rates adjustments. Mayor Smith stated that this was the time and place for a public hearing to consider increases to water service charges. Mr. Grisso gave a detailed presentation of the water rate increase as outlined in the written staff report. The proposed rate structure would change from tiered rates to uniform rates, provide for a pass-through of wholesale water costs, and provide funding for future capital improvement projects. Mayor Smith opened the public hearing at 6:46 p.m. and inquired if anyone present desired to speak. City Clerk Tilton reported that any property owner or property tenant that is directly responsible for payment of water service may submit a written protest against the proposed increase. On March 26, 2016, a total of 28,735 notices of the proposed water rate increase were mailed, and 31 purported protests have been received. A majority protest has not been achieved. Herve Le Roux opposed the increase stating for some users will experience a 92.45% increase and asked the City for justification as to why the additional revenue is needed. He also commented on poor water quality and that the water meter at his residence is non-functional so he has not been charged for water consumption. Ken Anderson, 6586 Longfellow, questioned the water shortage and efficiency of management. He recommended installing purple pipe (to use reclaimed water for irrigation), imposing tighter regulations on water usage, and restricting the use of water funds for other purposes. Michael Takaoka questioned the increases over a five year span, stating that his bill will increase by 28%. He requested the City Council consider a shorter term, such as two or three years. There being no one further desiring to speak, Mayor Smith closed the public hearing at 6:55 p.m. City Council Meeting of 5/24/2016 5PM Page 16

17 City Council Minutes May 10, 2016 Vol. 48 Pg. 19 Item 01 MOTION: SECOND: Swift Vaughn MAIN MOTION to approve the recommended action. MOTION: Berry MOTION TO AMEND to limit the rate increases to three years instead of the proposed five years. MOTION DIED for lack of second. AYES: NOES: Swift, Vaughn, Brown, Smith Berry MAIN MOTION CARRIED to approve the recommended action and to ADOPT the following titled resolution: RESOLUTION NO : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK TO INCREASE WATER SERVICE CHARGES Tourism & Conv PUBLIC HEARING RESOLUTION DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE BUENA PARK TOURISM MARKETING DISTRICT (BPTMD) Staff report by Sara Copping, Director of Visit Buena Park Purpose: To hold a public hearing, receive comments on formation of the BPTMD, and adopt a resolution establishing the BPTMD to assist with marketing efforts for Buena Park lodging businesses. Recommended Action: 1) Hold a final hearing on the formation of the Buena Park Tourism Marketing District (BPTMD); 2) Declare results of the majority protest proceeding; and 3) If no majority protest exists, adopt Resolution establishing the BPTMD. Mayor Smith stated that this was the time and place for a public hearing to consider establishing the Buena Park Tourism Marketing District and to declare the results of the majority protest proceedings. Mayor Smith opened the public hearing and inquired if anyone present desired to speak. City Clerk Tilton reported that on March 22, 2016, the City Council adopted a resolution of intention to establish the Buena Park Tourism Marketing District (BPTMD) after receiving petitions in support of forming the BPTMD from 15 of the 21 affected hotels. This protest hearing relates to levying of an assessment, and those hoteliers who would be subject to the Buena Park Tourism Marketing District were duly noticed and given the opportunity to submit a written protest. Petitions were received from 15 of the 21 hoteliers requesting the City implement the Buena Park Tourism Marketing district. No protests were received. There being no requests to speak, Mayor Smith closed the public hearing. Mayor Smith recommended the City Council delay taking action on the resolution so late submitted information could be reviewed. MOTION: SECOND: AYES: NOES: Brown Berry Brown, Berry, Swift, Vaughn, Smith None MOTION CARRIED to postpone the decision on adopting the resolution until the May 24, 2016, meeting to allow time for reviewing additional information received. City Council Meeting of 5/24/2016 5PM Page 17

18 City Council Minutes May 10, 2016 Vol. 48 Pg. 20 Item 01 RECESS Mayor Smith recessed the meeting at 7:45 p.m. for a special meeting of the City Council. The meeting was reconvened at 8:35 p.m. (Successor Agency) Successor Agency 600 Contracts 70 C PUBLIC HEARING ORDINANCE FOR DEVELOPMENT AGREEMENT NO. DA BETWEEN THE CITY OF BUENA PARK AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY AND STANFORD BUENA PARK, LLC AND FORE ARCHITECTS, INC., PROJECT PROPONENTS, TO CONSTRUCT AND OPERATE A TEN-STORY HOTEL WITH 150 ROOMS, TO INCLUDE A FIVE-LEVEL PARKING STRUCTURE, RESTAURANT WITH OUTDOOR DINING, CONFERENCE/BANQUET SPACE, ROOFTOP RESTAURANT/BAR, HOTEL GUEST AMENITIES, AND RELATED SITE IMPROVEMENTS AS WELL AS THE SALE OF ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION ON 1.45 ACRES OF LAND LOCATED AT 7860 BEACH BOULEVARD, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME ON BEHALF OF THE CITY OF BUENA PARK Staff report by Kirt Coury, Planner Purpose: To approve construction of a 10-story hotel with 150 rooms to include a five (5) level parking structure, restaurant with outdoor dining, conference/banquet space, roof top restaurant/bar, hotel guest amenities and related site improvements as well as the sale of alcoholic beverages for on-site consumption. Recommended Action: 1) Adopt an Ordinance approving Development Agreement No. DA between the City of Buena Park as Successor Agency to the former Community Redevelopment Agency and Stanford Buena Park, LLC and Fore Architects, Inc., project proponents to construct and operate a ten-story hotel with 150 rooms to include a five-level parking structure, restaurant with outdoor dining, conference/banquet space, rooftop restaurant/bar, hotel guest amenities, and related site improvements as well as the sale of alcoholic beverages for on-site consumption located at 7860 Beach Boulevard; and 2) Authorize the Mayor and City Clerk to execute the Development Agreement. Mayor Smith stated that this was the time and place for a public hearing to consider development agreement for a 150-room hotel at 7860 Beach Boulevard. Mr. Coury gave an overview of the proposed development agreement as outlined in the written staff report. The development agreement provides for construction of a 10-story hotel with 150 rooms, to include a five level parking structure, restaurant with outdoor dining, conference/banquet space, roof top restaurant/bar, hotel guest amenities and related site improvements as well as the sale of alcoholic beverages for on-site consumption. Mayor Pro Tem Swift expressed concern about the height of the building and its imposition on the adjacent neighborhood; she also stated the architectural design does not fit the location. Mayor Smith opened the public hearing and inquired if anyone present desired to speak. There being no one desiring to speak, Mayor Smith closed the public hearing. MOTION: SECOND: AYES: NOES: Vaughn Berry Vaughn, Berry, Brown, Smith Swift MOTION CARRIED to approve the recommended action and to ADOPT the following titled ordinance: ORDINANCE NO. 1605: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA PARK APPROVING THAT DOCUMENT ENTITLED DEVELOPMENT AGREEMENT NO. DA CONCERNING PROPERTY LOCATED AT 7860 BEACH BOULEVARD, BUENA PARK, CALIFORNIA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME ON BEHALF OF THE CITY OF BUENA PARK City Council Meeting of 5/24/2016 5PM Page 18

19 City Council Minutes May 10, 2016 Vol. 48 Pg. 21 Item 01 (Successor Agency) Successor Agency 600 Contracts 70 C PUBLIC HEARING ORDINANCE FOR DEVELOPMENT AGREEMENT NO. DA BETWEEN THE CITY OF BUENA PARK AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY AND BA HOTEL & RESORT, LLC TO CONSTRUCT AND OPERATE A FIVE-STORY HOTEL WITH 149 ROOMS, INCLUDING TWO (2) RESTAURANTS WITH OUTDOOR DINING, CONFERENCE/BANQUET ROOMS, HOTEL GUEST AMENITIES, AND RELATED PARKING AND SITE IMPROVEMENTS, AS WELL AS THE SALE OF ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION ON A 2.25-ACRE SITE LOCATED AT 7851 BEACH BOULEVARD IN THE ECSP (ENTERTAINMENT CORRIDOR SPECIFIC PLAN) ZONE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME ON BEHALF OF THE CITY OF BUENA PARK Staff report by Brady M. Woods, Senior Planner Purpose: To approve construction of a 103,344 sq. ft., five-story Aloft Hotel to include 149 guest rooms, and two restaurants with the sale of alcoholic beverages for on-site consumption as well as parking and site improvements. Recommended Action: 1) Adopt an Ordinance approving Development Agreement No. DA between the City of Buena Park as Successor Agency to the former Community Redevelopment Agency and BA Hotel & Resort (project proponent) to construct and operate a five-story hotel with 149 rooms including two restaurants with outdoor dining, conference/banquet rooms, hotel guest amenities, and related parking and site improvements, as well as the sale of alcoholic beverages for on-site consumption on a 2.25-acre site located at 7851 Beach Boulevard in the ECSP (Entertainment Corridor Specific Plan) zone; and 2) Authorize the Mayor and City Clerk to execute the Development Agreement. Mayor Smith stated that this was the time and place for a public hearing to consider a development agreement for a 149-room hotel at 7851 Beach Boulevard. Mr. Woods gave a report on the proposed development agreement as outlined in the written staff report. The development agreement provides for construction of a 103,344 sq. ft., fivestory Aloft Hotel to include 149 guest rooms, and two restaurants with the sale of alcoholic beverages for on-site consumption as well as parking and site improvements. Mayor Smith opened the public hearing and inquired if anyone present desired to speak. Eva Pettijon, 7630 El Escorial Way, expressed concern about security, noise, diesel fumes from the busses, trash, and the ten-foot fence. There being no one further desiring to speak, Mayor Smith closed the public hearing. MOTION: SECOND: AYES: NOES: Brown Vaughn Brown, Vaughn, Berry, Swift, Smith None MOTION CARRIED to approve the recommended action with the following language added to Section 11 of Development Agreement DA The City hereby approves the initial use of the Project as a prototypical Aloft Hotel subject to the terms and conditions of this Agreement. and to ADOPT the following titled ordinance: ORDINANCE NO. 1606: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA PARK APPROVING THAT DOCUMENT ENTITLED DEVELOPMENT AGREEMENT NO. DA CONCERNING PROPERTY LOCATED AT 7851 BEACH BOULEVARD, BUENA PARK, CALIFORNIA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME ON BEHALF OF THE CITY OF BUENA PARK City Council Meeting of 5/24/2016 5PM Page 19

20 City Council Minutes May 10, 2016 Vol. 48 Pg. 22 Item 01 Water PUBLIC HEARING RESOLUTION APPROVING THE 2015 URBAN WATER MANAGEMENT PLAN Staff report by Francisco Gutierrez, Associate Engineer Purpose: To fulfill the California Water Code requirement that urban water suppliers of the state prepare and adopt Urban Water Management Plans (UWMPs) for submission to the California Department of Water Resources (DWR) every five years. Recommended Action: 1) Conduct a public hearing on the 2015 Urban Water Management Plan; and 2) Adopt a Resolution accepting the 2015 Urban Water Management Plan. Mayor Smith stated that this was the time and place for a public hearing to consider the 2015 Urban Water Management Plan. Mr. Guitierrez presented the 2015 Urban Water Management Plan as required under the California Water Code as outlined in the written staff report. Mayor Smith opened the public hearing and inquired if anyone present desired to speak. There being no one desiring to speak, Mayor Smith closed the public hearing. MOTION: SECOND: AYES: NOES: Vaughn Swift Vaughn, Swift, Berry, Brown, Smith None MOTION CARRIED to approve the recommended action and to ADOPT the following titled resolution: RESOLUTION NO : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, APPROVING THE 2015 URBAN WATER MANAGEMENT PLAN Block Grants PUBLIC HEARING RESOLUTION ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR DRAFT ANNUAL ACTION PLAN Staff report by Martha Archuleta, Housing & CDBG Analyst Purpose: To approve the FY CDBG Draft Action Plan that creates goals for housing and community development and allocate the City s federal grant funds. Recommended Action: 1) Hold a public hearing to review and receive comments from the public for the FY Draft Action Plan; 2) Adopt a resolution approving the City of Buena Park s FY Draft Action Plan; and 3) Authorize submission of the Plan to the U.S. Department of Housing and Urban Development (HUD). Mayor Smith stated that this was the time and place for a public hearing to consider the Community Development Block Grant (CDBG) Fiscal Year Draft Annual Action Plan. Ms. Archuleta presented the Draft Annual Action Plan as outlined in the written staff report. Mayor Smith opened the public hearing and inquired if anyone present desired to speak. There being no one desiring to speak, Mayor Smith closed the public hearing. MOTION: SECOND: AYES: NOES: Vaughn Berry Vaughn, Berry, Brown, Swift, Smith None MOTION CARRIED to approve the recommended action and to ADOPT the following titled resolution: RESOLUTION NO : RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK ADOPTING THE ANNUAL ACTION PLAN City Council Meeting of 5/24/2016 5PM Page 20

21 City Council Minutes May 10, 2016 Vol. 48 Pg. 23 Item 01 MAYOR/CITY COUNCIL REPORTS Council Member Vaughn reported on the following: April 27 Cable Foundation Scholarship Interviews April 30 Homelessness Task Force Committee Census Taking April 30 Love Buena Park Event Compiled Homeless Care Kits April 30 Jazz Under the Stars May 2 OC Visitors Association Tourism Conference May 2 Mayor s Prayer Breakfast Committee Meeting May 2 Homelessness Task Force Committee Meeting May 3 Homelessness Task Force Committee Meeting May 4 OC Sanitation District Ethics and Harassment Training May 5 City of Riverside Homelessness Program May 9 Homelessness Task Force Committee Meeting May 10 Giving Children Hope Appreciation Luncheon Council Member Berry reported on the following: Visited Clark Commons at Stanton & Orangethorpe Visited Dickerson School Site, Covey Home by William Lyons Council Member Brown reported on the following: April 28 OC Council of Governments Board Meeting April 30 May 2 California State Peace Officers Memorial in Sacramento May 4 Southern California Association of Governments Annual Meeting & Conference in La Quinta May 7 Kennedy High School Scholarship Dinner Mayor Pro Tem Swift reported on the following: April 27 Scholarship Committee Meeting for Buena Park Cable Foundation April 28 Buena Park School District Literacy Meeting at the Community Center April 30 Homelessness Task Force Committee Census Taking April 30 Love Buena Park Event April 30 Visited Covey Homes at Former Dickerson School April 30 Jazz Under the Stars May 1 Welcome Center Volunteer May 2 OC Visitors Association Tourism Conference May 2 Mayor s Prayer Breakfast Committee Meeting May 2 Homelessness Task Force Committee Meeting May 3 Elizabeth Dole Foundation, Caregivers of Wounded Warriors Luncheon in San Diego May 4 Raymond Temple School Deaf Program May 5 Homelessness Meeting in City of Riverside May 6 Learning Conference by the OC Commission of Children and Families May 6 Housing Development for Homeless on Skid Row Former Student, a 2 nd Lieutenant in the Military is Graduating May 10 San Marino School Gold Ribbon Award Ceremony Mayor Smith reported on the following: April 27 Meeting with Anaheim and Stanton Mayors Re: Beach Boulevard April 27 OC Sanitation District Board Meeting April 28 Association of California Cities Orange County Meeting at Great Wolf Lodge in Garden Grove April 30 Love Buena Park Event May 2 Mayor s Prayer Breakfast Committee Meeting May 4 OC Sanitation District Board Meeting May 7 City of Westminster Mayor s Ball at the Rose Center CITY MANAGER REPORT City Manager Vanderpool reported on the following: May 14 Buena Park Police and City Hall Open House, 11 a.m. to 2 p.m. Free May 19 Buena Park Police Appreciation Lunch Buena Park Today Summer Edition is Available City Council Meeting of 5/24/2016 5PM Page 21

22 City Council Minutes May 10, 2016 Vol. 48 Pg. 24 Item 01 STUDY SESSION (21-29) (Adjourn to Conference Room) 21. DISCUSSION AND DIRECTION REGARDING THE CIVIC THEATER REQUEST FOR MUSICAL THEATRE PROPOSAL AND POTENTIAL YOUTH THEATER REQUEST FOR PROPOSAL This item was removed from the agenda with no action taken. 22. DISCUSSION AND DIRECTION REGARDING TRAFFIC CIRCULATION AT BEACH BLVD./LA MIRADA BLVD./SANTA GERTRUDES Present for the discussion were David Jacobs, Interim Director of Public Works; and Sowmya Chandrasekhar, Iteris. Ms. Chandrasekhar reported that the poor traffic conditions at La Mirada and Beach Boulevard and La Mirada Boulevard and Santa Gertrudes were attributed to a lack of coordination between the two intersections. Staff improved the traffic signal timing and there have been significant improvements. Staff will continue to monitor the intersections as well as the north and south ingress/egress to the adjacent shopping centers. 23. DISCUSSION AND DIRECTION REGARDING ELECTRIC CAR CHARGING AND HYDROGEN FUEL STATION GRANT This item was removed from the agenda with no action taken. 24. DISCUSSION AND DIRECTION REGARDING BOND MEASURE FOR PARKS RENOVATION AND IMPROVEMENTS This item was removed from the agenda with no action taken. 25. DISCUSSION AND DIRECTION REGARDING SIGNAGE FOR FALLEN OFFICER MEMORIAL HIGHWAY This item was removed from the agenda with no action taken. 26. CITY COUNCIL CALENDAR The following items were calendared for future discussion: Proposals to Alleviate Parking Problems on Ninth Street (Swift) Monthly Water Billing Schedule (Swift) Video Taping Planning Commission Meetings (Swift) Second Hand Smoke at Apartment Complexes (Brown) Senate Bill 1069 Land Use Regulations for Mother-in-Law Flats without City Approval (Brown) Term Limits for Council Members (Smith) 27. CITY COUNCIL REPORT May 14 Asian Heritage Celebration Sponsored by Assemblywoman Young Kim (Vaughn) 28. CITY MANAGER REPORT May 17 Public Works Week Employee BBQ May 18 Employee BBQ and Giving Children Hope Food Drive May 19 Police Appreciation Luncheon City Council Meeting of 5/24/2016 5PM Page 22

23 City Council Minutes May 10, 2016 Vol. 48 Pg. 25 Item COMMISSION/COMMITTEE APPOINTMENTS/REMOVALS No report. ADJOURNMENT There being no further business, Mayor Smith adjourned the meeting at 9:50 p.m. to Tuesday, May 24, 2016, at 2 p.m. ATTEST: Mayor City Clerk City Council Meeting of 5/24/2016 5PM Page 23

24 Item 01 MINUTES OF A SPECIAL MEETING OF BUENA PARK CITY COUNCIL HELD MAY 10, 2016 Vol. 48 Pg. 26 CALL TO ORDER The City Council met in a special meeting on Tuesday, May 10, 2016, at 7:45 p.m., in the Council Chamber, 6650 Beach Boulevard, Buena Park, California, Mayor Smith presiding. ROLL CALL PRESENT: ABSENT: Berry, Brown, Swift, Vaughn, Smith None Also present were: Jim Vanderpool, City Manager; and Shalice Tilton, City Clerk ORAL COMMUNICATIONS Mayor Smith announced the public may at this time address the members of the City Council on any matters on the agenda. Public comments were made for Item 1 as outlined below. NEW BUSINESS (1) Contracts 70 C RECONSIDERATION OF DISCUSSION AND DIRECTION REGARDING DEVELOPMENT AGREEMENT NO. DA14-004, CONCERNING PROPERTY LOCATED AT 7301 ARTESIA BOULEVARD, BUENA PARK, CALIFORNIA, REQUEST BY CV BUENA PARK I INV, LLC, ( CITY VENTURES ) TO WAIVE CONDITION ON ALLOWING RESIDENTIAL CONSTRUCTION PRIOR TO HOTEL CONSTRUCTION FIRST FLOOR MILESTONE Present for the discussion was Joel Rosen, Director of Community Service; and Kim Prijatel, Vice President Development, City Ventures. Mr. Rosen and Ms. Prijatel reported that the Development Agreement for the residential component of Development Agreement No. DA states that the residential building permits shall not be issued until the hotel component has progressed to the point that the floor sheeting on the second floor is substantially complete. City Ventures is requesting this condition be waived because permanent electricity to the hotel cannot be supplied until after the undergrounding of electrical is completed by the residential developer. If the residential component is not started soon, then the permanent electricity, which is needed to operate the hotel elevator, could be delayed. The second floor sheeting condition is also preventing City Ventures from completing the sale of the residential component to another residential developer, Tri-Pointe. City Ventures has offered to post a $250,000 bond guaranteeing construction of the hotel second floor sheeting within six months. Mike Madrid, speaking under public comment, requested the City Council deny the waiver. Juan Munoz, expressed concern about noise level, dust, and the methane test results. Brian West, member of the Carpenters Union, requested the City Council deny the waiver. Lamar Hanger, member of the Carpenters Union, requested the City Council deny the waiver. During the City Council s discussion, it was acknowledged that the condition was originally imposed when a previous developer sought approval for the residential component. The City Council at the time imposed the condition to ensure that the hotel, which is a revenue generating component, would be built because previous promises and commitments for developing the site never came to fruition. MOTION: SECOND: AYES: NOES: Brown Berry Brown, Berry, Smith Swift, Vaughn MOTION CARRIED to deny the request to waive the condition. City Council Meeting of 5/24/2016 5PM Page 24

25 Item 01 City Council Minutes May 10, 2016 Vol. 48 Pg. 27 ADJOURNMENT There being no further business, Mayor Smith adjourned the meeting at 8:35 p.m. ATTEST: Mayor City Clerk City Council Meeting of 5/24/2016 5PM Page 25

26 Item 02 RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,478, DEMAND NOS THROUGH CANCELLED NO VOIDS SEE ATTACHED LIST NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That in accordance with Section of the Government Code, the Director of Finance or his designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof. Director of Finance SECTION 2: That claims and demands Nos through in the sum of $1,478, set forth on the 20-page register attached to this resolution and made a part hereof have been audited as required by law and are hereby allowed as set forth. PASSED AND ADOPTED this day of 2016 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk City Council Meeting of 5/24/2016 5PM Page 26

27 Item 02 RESOLUTION NO. Page 2 I hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this day of City Clerk City Council Meeting of 5/24/2016 5PM Page 27

28 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT V 04/21/ RICKY SEBEROS REF/3 D PRINTING /05/ JAVIER GOMEZ DEVELOPE WEB/APR , /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR /05/ A T & T APR TOTAL CHECK , /05/ A T & T SR. LAB /05/ A T & T MOBILITY X /05/ A T & T MOBILITY X /05/ A T & T MOBILITY X /05/ A T & T MOBILITY APR TOTAL CHECK /05/ A T & T TELECONFERENCE S TELECONFERENCE SVCS /05/ ACORN MEDIA CHAIR DOLLEY /05/ ACORN MEDIA CHAIR DOLLEY TOTAL CHECK /05/ AECOM TECHNICAL SERVICES ST.SCAPE/FEB , /05/ AFLAC 73 INV# , /05/ AHERN RENTALS, INC EQUIP. RENTAL /05/ AIA/LOS ANGELES ELIZABETH SWIFT5/6/ /05/ DARSHINI AITHAL FLOW YOGA 4/19/ /05/ DARSHINI AITHAL FLOW YOGA 4/7/ /05/ DARSHINI AITHAL FLOW YOGA 4/26/ TOTAL CHECK /05/ ALBERTSONS LLC BINGO SUPPLIES /05/ ALBERTSONS LLC BINGO SUPPLIES City Council Meeting of 5/24/2016 5PM Page 28

29 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT TOTAL CHECK /05/ ALIN PARTY SUPPLY INC. 11 PARK SUPPLIES /05/ ALL CITY MANAGEMENT SERV SCH CROSS MAR APR , /05/ MARNIE ALVAREZ 11 REF/RT DEPOSIT# /05/ AMERICAN RENTALS, INC PARK MAINT /05/ AMERICAN RENTALS, INC EQUIPMENT RENTALS TOTAL CHECK /05/ ARAMARK FLOOR MATS/APR /05/ ARAMARK FLOOR MATS/APR TOTAL CHECK /05/ AYALA ENGINEERING STREET MAINT , /05/ B & K ELECTRIC WHOLESALE REPAIR PARTS /05/ B L WALLACE DISTRIBUTOR WATER SUPPLIES /05/ B L WALLACE DISTRIBUTOR WATER SUPPLIES TOTAL CHECK /05/ JOHN BAILEY RIFLE TRG MEALS /05/ BARNES UPHOLSTERY INC UPHOLSTERY REPAIRS /05/ BAXTER S FRAME WORKS & B PROMO PLAQUE /05/ BEE REMOVERS CORP PEST CONTROL /05/ BEE REMOVERS CORP PEST CONTROL TOTAL CHECK /05/ SELF INSURED SERVICES CO 73 (5/16) INV# , /05/ SELF INSURED SERVICES CO 73 (5/16) INV# , TOTAL CHECK , /05/ BOBCAT OF CERRITOS, INC BOBCAT REPAIR PARTS /05/ BOBCAT OF CERRITOS, INC SERVICE BOBCAT TOTAL CHECK /05/ MANHATTAN STITCHING COMP STAFF SHIRTS /05/ MANHATTAN STITCHING COMP STAFF SHIRTS /05/ MANHATTAN STITCHING COMP STAFF T SHIRTS /05/ MANHATTAN STITCHING COMP STAFF T SHIRTS TOTAL CHECK /05/ BSN SPORTS INC PARK FIELD MAINT /05/ BSN SPORTS INC PARK FIELD MAINT /05/ BSN SPORTS INC PARK FIELD MAINT /05/ BSN SPORTS INC PARK FIELD MAINT City Council Meeting of 5/24/2016 5PM Page 29

30 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ BSN SPORTS INC PARK FIELD MAINT /05/ BSN SPORTS INC PARK FIELD MAINT /05/ BSN SPORTS INC PARK FIELD MAINT TOTAL CHECK /05/ BUDGET JANITORIAL, INC JANITORIAL SERVICES , /05/ BUDGET JANITORIAL, INC JANITORIAL SERVICE /05/ BUDGET JANITORIAL, INC JANITORIAL SERVICE /05/ BUDGET JANITORIAL, INC FLOOR SERVICE /05/ BUDGET JANITORIAL, INC JANITORIAL SERVICES /05/ BUDGET JANITORIAL, INC JANITOR PD/APR , /05/ BUDGET JANITORIAL, INC JANITOR CITY/APR , /05/ BUDGET JANITORIAL, INC JANITOR CITY/APR , /05/ BUDGET JANITORIAL, INC JANITOR CITY/APR /05/ BUDGET JANITORIAL, INC JANITOR CITY/APR /05/ BUDGET JANITORIAL, INC JANITOR CITY/APR , /05/ BUDGET JANITORIAL, INC JANITOR CITY/APR TOTAL CHECK , /05/ BUENA PARK LOCK & KEY SH VEHICLE REMOTES /05/ BUENA PARK PLAQUE & TROP 11 VOLUNTEER RECOGNITION /05/ BUSINESS INK, CO WATER NOTICES , /05/ BUSINESS INK, CO WATER BILL PROC/MAR , /05/ BUSINESS INK, CO WTR BIL POSTAGE/MAR , TOTAL CHECK , /05/ CCAC KATHLEEN HILL10/ /05/ CERRITOS DODGE CHRYSLER REPAIR PARTS /05/ CERRITOS DODGE CHRYSLER REPAIR PARTS /05/ CERRITOS DODGE CHRYSLER REPAIR PARTS /05/ CERRITOS DODGE CHRYSLER REPAIR PARTS TOTAL CHECK /05/ CHEMSEARCH/NCH CORPORATI SIGN SHOP SUPPLIES /05/ CHEMSEARCH/NCH CORPORATI SIGN SHOP SUPPLIES TOTAL CHECK /05/ YOUNG CHUNG 11 REF/RT DEPOSIT# /05/ CIT FINANCE LLC COPIER LEASE/MAY /05/ CIT FINANCE LLC COPIER LEASE/MAY /05/ CIT FINANCE LLC COPIER LEASE/MAY /05/ CIT FINANCE LLC COPIER LEASE/MAY /05/ CIT FINANCE LLC COPIER LEASE/MAY /05/ CIT FINANCE LLC COPIER LEASE/MAY /05/ CIT FINANCE LLC COPIER LEASE/MAY /05/ CIT FINANCE LLC COPIER LEASE/MAY /05/ CIT FINANCE LLC COPIER LEASE/MAY /05/ CIT FINANCE LLC COPIER LEASE/MAY City Council Meeting of 5/24/2016 5PM Page 30

31 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ CIT FINANCE LLC LEASE COPIER/APR /05/ CIT FINANCE LLC COPIER LEASE/APR TOTAL CHECK , /05/ CIVITAS ADVISORS PROF SVCS/APRIL , /05/ CLINICAL LAB OF SAN BERN WATER QUALITY SAMPLES , /05/ COLLICUTT ENERGY SERVICE GENERATOR SVC/APR /05/ COLLICUTT ENERGY SERVICE GENERATOR MT/APR /05/ COLLICUTT ENERGY SERVICE GENERATOR MT/APR /05/ COLLICUTT ENERGY SERVICE GENERATOR MT/APR TOTAL CHECK , /05/ COMMERCIAL AQUATIC SERVI POOL CHEMICALS /05/ COMMERCIAL AQUATIC SERVI POOL CHEMICALS /05/ COMMERCIAL AQUATIC SERVI POOL CHEMICALS /05/ COMMERCIAL AQUATIC SERVI POOL CHEMICALS /05/ COMMERCIAL AQUATIC SERVI POOL DECK REPAIRS , TOTAL CHECK , /05/ COMMERCIAL CONTROLS CORP PD RECORDS REMODEL , /05/ CONCENTRA HEALTH SERVICE DOT PHYS 2/19 3/23/ /05/ CORELOGIC INFORMATION SO PROP OWNERSHIP/MAR /05/ CORELOGIC INFORMATION SO PROP OWNERSHIP/MAR TOTAL CHECK /05/ COUNTY OF ORANGE TREASUR COM 800 MHZ/APR JUN , /05/ COUNTY OF ORANGE TREASUR COM 800 MHZ/APR JUN , TOTAL CHECK , /05/ COUNTY OF ORANGE TREASUR SURCHG ON CITES/MAR , /05/ COUNTY OF ORANGE TREASUR COMMUNICAT CHG/MAR /05/ COUNTY OF ORANGE TREASUR FINGERPRINT/APR , /05/ CRAFCO INC EQUIPMENT REPAIRS , /05/ DOLLY CULPEPPER 11 REF/RT DEPOSIT# /05/ TOM R.CURRY STONE SOUL BND6/15/ , /05/ CYPRESS POLICE FOUNDATIO FRED SMITH 05/17/ /05/ CYPRESS POLICE FOUNDATIO ART BROWN 5/17/ TOTAL CHECK /05/ DAMON INC 32 PMT#1 RET , /05/ DAMON INC COMMUNITY CTR/APR , TOTAL CHECK , City Council Meeting of 5/24/2016 5PM Page 31

32 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ DAPPER TIRE CORP TIRES /05/ DAPPER TIRE CORP TIRES TOTAL CHECK /05/ DATA LINK ASSOCIATES PD WEAPONS RACK /05/ DATA LINK ASSOCIATES PD WEAPONS RACK /05/ DATA LINK ASSOCIATES PD WEAPONS RACK /05/ DATA LINK ASSOCIATES PD WEAPONS RACK /05/ DATA LINK ASSOCIATES PD WEAPONS RACK /05/ DATA LINK ASSOCIATES SALES TAX /05/ DATA LINK ASSOCIATES 11 OFF SET SALES TAX TOTAL CHECK , /05/ KRISTEN DAVIDSON MARTIAL ARTS/SPR /05/ CANDIS DAVIS BALLRM DNC 4/7/ /05/ CANDIS DAVIS BALLRM DNC 4/26/ /05/ CANDIS DAVIS BALLRM DNC 4/19/ TOTAL CHECK /05/ DOOLEY ENTERPRISES INC AMMUNITION /05/ REGINA R. DOWLIN SCORKEEP 4/9 22/ /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG BPCC HVAC PM SERVICE , /05/ EMCOR SERVICE MESA ENERG FREEZER REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS /05/ EMCOR SERVICE MESA ENERG HVAC SERVICE/REPAIRS TOTAL CHECK , /05/ CAROLYN JEAN HARSHMAN HAZ MITIGATION APR , /05/ CAROLYN JEAN HARSHMAN HAZ MITIGATION APR , TOTAL CHECK , /05/ EMPLOYMENT DEVELOPMENT D UNEMPLOY 3/31/ , /05/ ENTENMANN ROVIN COMPANY BADGE REFURBISHMENT City Council Meeting of 5/24/2016 5PM Page 32

33 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 6 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ FAIR HOUSING FOUNDATION REIMB/MARCH /05/ FEDERAL SIGNAL CORP EQUIP. REPAIRS /05/ FOOD FOR LESS EVENT SUPPLIES /05/ FRIENDS OF BUENA PARK YO ART BROWN/DIN 5/15/ /05/ FRIENDS OF BUENA PARK YO CHRIS BROWN/DIN 5/ /05/ FRIENDS OF BUENA PARK YO ELIZABETH SWIFT/DIN TOTAL CHECK /05/ FRIENDS OF THE ROSE CENT SHARON SMITH 05/7/ /05/ FRIENDS OF THE ROSE CENT FRED SMITH 5/7/ TOTAL CHECK /05/ GALLS, AN ARAMARK COMPAN JAIL SUPPLIES /05/ GALLS, AN ARAMARK COMPAN JAIL SUPPLIES /05/ GALLS, AN ARAMARK COMPAN JAIL SUPPLIES TOTAL CHECK /05/ GANAHL LUMBER CO SIGN SHOP SUPPLIES /05/ GANAHL LUMBER CO GRAFFITI /05/ GANAHL LUMBER CO GRAFFITI /05/ GANAHL LUMBER CO GRAFFITI /05/ GANAHL LUMBER CO STREET MAINT /05/ GANAHL LUMBER CO STREET MAINT /05/ GANAHL LUMBER CO GRAFFITI /05/ GANAHL LUMBER CO SMALL TOOLS /05/ GANAHL LUMBER CO FIELD SUPPLIES /05/ GANAHL LUMBER CO SHOP SUPPLIES /05/ GANAHL LUMBER CO STREET MAINT /05/ GANAHL LUMBER CO GRAFFITI /05/ GANAHL LUMBER CO GRAFFITI /05/ GANAHL LUMBER CO SHOP SUPPLIES /05/ GANAHL LUMBER CO SHOP SUPPLIES /05/ GANAHL LUMBER CO AQUATIC SUPPLIES /05/ GANAHL LUMBER CO FACILITIES MAINT /05/ GANAHL LUMBER CO SHOP SUPPLIES /05/ GANAHL LUMBER CO PARK MAINT /05/ GANAHL LUMBER CO PARK MAINT /05/ GANAHL LUMBER CO GRAFFITI /05/ GANAHL LUMBER CO PARK MAINT /05/ GANAHL LUMBER CO METROLINK MAINT /05/ GANAHL LUMBER CO 11 STOCK PAINT SUPPLIES /05/ GANAHL LUMBER CO 11 STOCK PAINT SUPPLIES /05/ GANAHL LUMBER CO 11 STOCK PAINT SUPPLIES /05/ GANAHL LUMBER CO PARK MAINT /05/ GANAHL LUMBER CO PARK MAINT /05/ GANAHL LUMBER CO PARK MAINT /05/ GANAHL LUMBER CO GRAFFITI /05/ GANAHL LUMBER CO GRAFFITI City Council Meeting of 5/24/2016 5PM Page 33

34 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 7 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ GANAHL LUMBER CO SHOP SUPPLIES /05/ GANAHL LUMBER CO SHOP SUPPLIES /05/ GANAHL LUMBER CO GRAFFITI TOTAL CHECK , /05/ GBS LINENS LAUNDRY 23 TABLECLOTH /05/ GLOBAL TECHNOLOGY SYSTEM PD RADIO BATTERIES /05/ GLOBAL TECHNOLOGY SYSTEM PD RADIO BATTERIES /05/ GLOBAL TECHNOLOGY SYSTEM SALES TAX /05/ GLOBAL TECHNOLOGY SYSTEM 11 OFF SET SALES TAX TOTAL CHECK /05/ GMC ENGINEERING, INC. 24 PMT#5 FINAL RET , /05/ GMC ENGINEERING, INC BEACH BLVD./ORANGETHOR , TOTAL CHECK , /05/ GMC ENGINEERING, INC. 24 TRF SIG UPGR/RET , /05/ DANIEL GOMEZ SCOREKEEP 4/9 22/ /05/ MABELLE GONZALES PLAYSCHOOL/SPR /05/ GRAINGER INC 11 JANITORIAL SUPPLIES /05/ GRAINGER INC 11 JANITORIAL SUPPLIES TOTAL CHECK /05/ LAWRENCE GRANADOS 11 REF#E /7651 EL /05/ GRANICUS INC MO MAINT/MAY , /05/ CATHERINE B. GRIESINGER RUBBER STAMP/SPR /05/ GRIFFIN STRUCTURES INC DESIGN SVCS/MAR , /05/ MICHAEL GRISSO REIMB WATER CERT D /05/ CINDY GRISWOLD CPR/SPRING /05/ GUIDA SURVEYING INC SURVEY SVC/APR , /05/ HANDS ON MAILING & FULFI WATER REPORTS /05/ HANDS ON MAILING & FULFI POSTAGE/WATER REPORTS , /05/ HANSON AGGREGATES WEST I STREET MAINT /05/ HANSON AGGREGATES WEST I STREET MAINT /05/ HANSON AGGREGATES WEST I STREET MAINT TOTAL CHECK /05/ GARY T. HENDRICKS REIMB HOTEL PD TRG City Council Meeting of 5/24/2016 5PM Page 34

35 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 8 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ HINDERLITER dellamas & A PROP TAX/APR JUN /05/ HINDERLITER dellamas & A PROP TAX/APR JUN , TOTAL CHECK , /05/ VERONICA HOCHEDE BALLRM DNC 4/13/ /05/ VERONICA HOCHEDE BALLRM DNC 4/20/ /05/ VERONICA HOCHEDE BALLRM DNC 4/22/ /05/ VERONICA HOCHEDE BALLRM DNC 4/7/ /05/ VERONICA HOCHEDE BALLRM DNC 4/15/ TOTAL CHECK /05/ HEATHER HODGSON SCORKEEP 4/9 22/ /05/ KIMBERLY HOLER CLERK/TRACK/FIELD /05/ HOME DEPOT / GECF SHOP SUPPLIES /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF TRAFFIC SUPPLIES /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF RET. ITEMS /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF SHOP SUPPLIES /05/ HOME DEPOT / GECF SHOP SUPPLIES /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF CWC LIGHTING /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF SHOP SUPPLIES /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF PARK MAINT /05/ HOME DEPOT / GECF PARK MAINT TOTAL CHECK /05/ HOSE MAN INC REPAIR PARTS /05/ HOSE MAN INC REPAIR PARTS TOTAL CHECK /05/ ITERIS INC ON CALL SVCS/MAR , /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS City Council Meeting of 5/24/2016 5PM Page 35

36 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 9 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS , /05/ JACKSON S AUTO SUPPLY IN AUTO PARTS TOTAL CHECK , /05/ JHM SUPPLY IRRIGATION /05/ JHM SUPPLY IRRIGATION TOTAL CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK City Council Meeting of 5/24/2016 5PM Page 36

37 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 10 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK /05/ JOHN L. HUNTER & ASSOCIA 11 NPDES PLAN CHECK TOTAL CHECK , /05/ RICHARD D.JONES A PROF PROF SVCS/MAR , /05/ RICHARD D.JONES A PROF PROF SVCS/MAR , /05/ RICHARD D.JONES A PROF PD MATTERS/MAR , TOTAL CHECK , /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL , City Council Meeting of 5/24/2016 5PM Page 37

38 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 11 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL /05/ KAWA, INC 11 STOCK JANITORIAL TOTAL CHECK , /05/ TED JONES FORD INC VEHICLE SERVICE /05/ TED JONES FORD INC REPAIR PARTS /05/ TED JONES FORD INC REPAIR PARTS /05/ TED JONES FORD INC REPAIR PARTS /05/ TED JONES FORD INC REPAIR PARTS /05/ TED JONES FORD INC REPAIR PARTS /05/ TED JONES FORD INC REPAIR PARTS /05/ TED JONES FORD INC REPAIR PARTS /05/ TED JONES FORD INC REPAIR PARTS /05/ TED JONES FORD INC REPAIR PARTS TOTAL CHECK , /05/ GRP2 UNIFORMS, INC PATCHES/STRIPES /05/ ADOLPH KIEFER AND ASSOCI SALES TAX /05/ ADOLPH KIEFER AND ASSOCI 11 OFF SET SALES TAX /05/ ADOLPH KIEFER AND ASSOCI AQUATICS SUPPLIES TOTAL CHECK /05/ KIM, AHSO 52 UB REFUND /05/ KIMLEY HORN & ASSOCIATES ELECT DESIGN/MAR , /05/ KINGDOM CAUSES, INC HOMELESS PROGRAM , /05/ KOA CORPORATION PK LOT IMPR/APR , /05/ KOBAYASHI & ASSOC MCDONALD S PROPERTY , /05/ KONICA MINOLTA BUS. SOLU MO MAINT/APR , /05/ JOHN KONRAD ANNOUNCER/TRACK/FIELD /05/ L3 COMMUNICATIONS MOBILE PD VEH VIDEO SYSTEM , /05/ L3 COMMUNICATIONS MOBILE PD VEH VIDEO SYSTEM , /05/ L3 COMMUNICATIONS MOBILE PD VEH VIDEO SYSTEM , /05/ L3 COMMUNICATIONS MOBILE PD VEH VIDEO SYSTEM /05/ L3 COMMUNICATIONS MOBILE PD VEH VIDEO SYSTEM /05/ L3 COMMUNICATIONS MOBILE PD VEH VIDEO SYSTEM TOTAL CHECK 1, , City Council Meeting of 5/24/2016 5PM Page 38

39 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 12 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ LEE, CHANG DUCK 52 UB REFUND /05/ SERGIO LEPE REIMB ED , /05/ LESLIE S POOL SUPPLIES I POOL SUPPLIES /05/ LESLIE S POOL SUPPLIES I POOL SUPPLIES /05/ LESLIE S POOL SUPPLIES I POOL SUPPLIES /05/ LESLIE S POOL SUPPLIES I POOL SUPPLIES /05/ LESLIE S POOL SUPPLIES I POOL SUPPLIES TOTAL CHECK , /05/ ROBERT LEVINE AQUARIUS BAND 6/22/ , /05/ LEWIS BRISBOIS BISGAARD DOBSON,RICKY /05/ LEWIS BRISBOIS BISGAARD OCHOA,JUAN PEDRO /05/ LEWIS BRISBOIS BISGAARD SCHLTZ,DELORES /05/ LEWIS BRISBOIS BISGAARD ARGUELLO , /05/ LEWIS BRISBOIS BISGAARD WYNGLARZ,GARY /05/ LEWIS BRISBOIS BISGAARD GEO.WAGER/VISTAR PROP TOTAL CHECK , /05/ LIEBERT CASSIDY WHITMORE GENERAL , /05/ LIEBERT CASSIDY WHITMORE KOHANEK /05/ LIEBERT CASSIDY WHITMORE DANIEL RAMIREZ , /05/ LIEBERT CASSIDY WHITMORE JESSICA CALDERON , TOTAL CHECK , /05/ LIGHT SOURCE PRINTING & APR MAY WTR BIL INSER , /05/ LIGHTING SUPPLY INC. 11 STOCK LIGHTING /05/ LPA, INC FIRE STA DESIG/MAR , /05/ LRJ CONSTRUCTION, INC HIP15/ PATEL , /05/ LRJ CONSTRUCTION, INC HIP15/ PATEL , TOTAL CHECK , /05/ JUANA LUGO MLG REIMB/MAR /05/ LU S LIGHTHOUSE INC REPAIR PARTS /05/ LU S LIGHTHOUSE INC REPAIR PARTS /05/ LU S LIGHTHOUSE INC REPAIR PARTS TOTAL CHECK /05/ MARINE RESCUE PRODUCTS, AQUATICS SUPPLIES /05/ MARINE RESCUE PRODUCTS, AQUATICS SUPPLIES /05/ MARINE RESCUE PRODUCTS, AQUATICS SUPPLIES TOTAL CHECK /05/ B.F.D., INC REPAIR PARTS /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES , City Council Meeting of 5/24/2016 5PM Page 39

40 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 13 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES , /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES /05/ MARSAN TURF & IRRIGATION IRRIGATION SUPPLIES TOTAL CHECK , /05/ MAUREEN KANE & ASSOCIATE MICHELE LEWIS CF 6/ , /05/ MCPEEKS DODGE OF ANAHEIM REPAIR PARTS /05/ MERCHANTS LANDSCAPE SERV LANDSCAPE MAINT , /05/ METAL DEPOT PARK MAINT /05/ HILDA S. MILES POLYNESIAN DNC/SPR /05/ MITCHELL BROTHERS CORP REPAIR PARTS /05/ MITCHELL BROTHERS CORP TRAILER RAMP , TOTAL CHECK , /05/ MIWALL CORPORATION SWAT AMMUNITION , /05/ MIWALL CORPORATION SWAT AMMUNITION TOTAL CHECK , /05/ HALCYON POWERSPORTS INC MOTORCYCLE SERVICE /05/ HALCYON POWERSPORTS INC REPAIR PARTS TOTAL CHECK , /05/ MUNICIPAL WATER DIST OF WATER DELIVERY/FEB , /05/ MUNICIPAL WATER DIST OF CONSULTANT SERVICES , TOTAL CHECK , /05/ MUNICIPAL WATER DIST.OF BETH SWIFT/CF 5/20/ /05/ NATIONAL READY MIXED CON STREET MAINT /05/ NATIONAL READY MIXED CON STREET MAINT TOTAL CHECK , /05/ PRO LINE INDUSTRIAL PROD SEWER CHEMICALS /05/ PRO LINE INDUSTRIAL PROD SEWER CHEMICALS TOTAL CHECK City Council Meeting of 5/24/2016 5PM Page 40

41 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 14 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ NGHIA NGUYEN INCID COM TRG 4/ /05/ NICHOLS CONSULTING ENG ST SAVER CONVER/MAR , /05/ NORTH ORANGE COUNTY CHAM FRED SMITH 05/19/ /05/ NORTH ORANGE COUNTY CHAM STEVE BERRY 5/19/ /05/ NORTH ORANGE COUNTY CHAM RINDA BERRY 5/19/ /05/ NORTH ORANGE COUNTY CHAM SHALICE TILTON5/19/ /05/ NORTH ORANGE COUNTY CHAM ART BROWN 5/19/ /05/ NORTH ORANGE COUNTY CHAM ELIZABETH SWIFT 5/ /05/ NORTH ORANGE COUNTY CHAM VIRGINIA VAUGHN 5/ /05/ NORTH ORANGE COUNTY CHAM KENNY VAUGHN 5/19/ /05/ NORTH ORANGE COUNTY CHAM BP PD OFFICER /05/ NORTH ORANGE COUNTY CHAM BP PD OFFICER TOTAL CHECK /05/ OFFICE DEPOT, INC OFFICE SUPPLIES /05/ OFFICE DEPOT, INC PRINTER SUPPLIES /05/ OFFICE DEPOT, INC PRINTER SUPPLIES /05/ OFFICE DEPOT, INC PRINTER SUPPLIES /05/ OFFICE DEPOT, INC PRINTER SUPPLIES /05/ OFFICE DEPOT, INC OFFICE SUPPLIES /05/ OFFICE DEPOT, INC OFFICE SUPPLIES /05/ OFFICE DEPOT, INC OFFICE SUPPLIES TOTAL CHECK /05/ ORANGE COUNTY CLERK RECO RECONVEYANCE REC FEES /05/ ORANGE COUNTY NEWS PUBLI LEGAL NOTICE /05/ ORDWAY SIGN SUPPLY SIGN SHOP SUPPLIES /05/ PACIFIC PRODUCTS & SERVI PARK SAFETY VESTS /05/ PACIFIC PRODUCTS & SERVI PW SAFETY VESTS /05/ PACIFIC PRODUCTS & SERVI PW SAFETY VESTS TOTAL CHECK , /05/ EDCO/PARK DISPOSAL RES BILLING APRIL , /05/ EDCO/PARK DISPOSAL CNG FUEL /05/ EDCO/PARK DISPOSAL AUTO CT /05/ PARKING PROPERTY ID PARKING PERMITS /05/ PARKING PROPERTY ID PARKING PERMITS /05/ PARKING PROPERTY ID PARKING PERMITS TOTAL CHECK , /05/ YERA PATEL 11 REF RT DEPOSIT# /05/ PEST OPTIONS INC GOPHER CONTROL City Council Meeting of 5/24/2016 5PM Page 41

42 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 15 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ PEST OPTIONS INC GOPHER CONTROL /05/ PEST OPTIONS INC GOPHER CONTROL /05/ PEST OPTIONS INC GOPHER CONTROL /05/ PEST OPTIONS INC WEED,RODENT/MAR , TOTAL CHECK , /05/ PHOENIX GROUP INFORMATIO PK CITATIONS MARCH , /05/ PHOENIX GROUP INFORMATIO CITATION PROC/APR TOTAL CHECK , /05/ JEREMY L. PIERSON BALLRM DNC 4/18/ /05/ JEREMY L. PIERSON BALLRM DNC 4/25/ /05/ JEREMY L. PIERSON ROUND DNC 4/18/ TOTAL CHECK /05/ PREMIER EXHIBITION MANAG 97 SECURITY DEPOS REFUND , /05/ PREMIER EXHIBITION MANAG RENT APR 13, APR TOTAL CHECK , /05/ PROFORCE LAW ENFORCEMENT PD TASER BATTERIES /05/ PROFORCE LAW ENFORCEMENT PD TASER BATTERIES TOTAL CHECK /05/ PSOMAS CORP ENG SVCS/MAR , /05/ PSOMAS CORP ENG SVCS/MAR , TOTAL CHECK , /05/ RALPHS GROCERY CO EVENT SUPPLIES /05/ RALPHS GROCERY CO EVENT SUPPLIES /05/ RALPHS GROCERY CO EVENT SUPPLIES /05/ RALPHS GROCERY CO EVENT SUPPLIES TOTAL CHECK /05/ RED WING SHOES INC SAFETY SHOES /05/ RED WING SHOES INC SAFETY SHOES TOTAL CHECK /05/ DMJ AND ASSOCIATES, INC PARK FIELD SUPPLIES /05/ GARY WAYNE REYNOLDS BLDG INSP/APR , /05/ RICHARD BRADY & ASSOCIAT DROUGHT RESP/APR , /05/ RICHARDS, WATSON & GERSH GEN LEGAL SERVICE /05/ RICHARDS, WATSON & GERSH CDW TOTAL CHECK /05/ RIO JORDAN CONSTRUCTION, 32 PMT#2 RET , /05/ RIO JORDAN CONSTRUCTION, BELLIS PARK IMP/MAR , TOTAL CHECK , /05/ ROADWAYS INTERNATIONAL I DESCANSO GARDENS 4/ , City Council Meeting of 5/24/2016 5PM Page 42

43 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 16 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ MARSHA ROE LINE DNC 4/25/ /05/ MARSHA ROE LINE DNC 4/14/ /05/ MARSHA ROE LINE DNC 4/21/ /05/ MARSHA ROE LINE DNC 4/18/ /05/ MARSHA ROE LINE DNC 4/14/ TOTAL CHECK /05/ ROSCOE MOSS MFG COMPANY EQUIP. REPAIR PARTS /05/ ROSCOE MOSS MFG COMPANY EQUIP. REPAIR PARTS /05/ ROSCOE MOSS MFG COMPANY EQUIP. REPAIR PARTS /05/ ROSCOE MOSS MFG COMPANY EQUIP. REPAIR PARTS /05/ ROSCOE MOSS MFG COMPANY EQUIP. REPAIR PARTS TOTAL CHECK /05/ JOEL W ROSEN ULI 2016 MTG 4/ , /05/ SUSAN L. RUBLE WRITING SVC BP TODAY /05/ STEVEN SABEL ST INSTAL/GREASE , /05/ SAFETY MANAGEMENT SYSTEM HAZWOPER 11/10/ /05/ MARK SAUCEDA REIMB/PRT NEWS LTR /05/ THE SHERWIN WILLIAMS COR CITY YARD MAINT /05/ THE SHERWIN WILLIAMS COR PAINT SUPPLIES TOTAL CHECK /05/ SHRED IT US JV, LLC DOCUMENT SHREDDING /05/ SHRED IT US JV, LLC DOCUMENT SHREDDING /05/ SHRED IT US JV, LLC DOCUMENT SHREDDING /05/ SHRED IT US JV, LLC DOCUMENT SHREDDING /05/ SHRED IT US JV, LLC DOCUMENT SHREDDING TOTAL CHECK /05/ COREY SIANEZ LODGING/CAPT.GRADUATI /05/ SIMPLEVIEW, INC QT2,2016 SHAR HOSTING /05/ SIMS, THOMAS & MICHELLE 52 UB REFUND /05/ SJ CONTRACTOR HIP15/ BECERRA , /05/ SJ CONTRACTOR HIP15/ MCCARTHY , /05/ SJ CONTRACTOR HIP15/ MCCARTHY , /05/ SJ CONTRACTOR HIP14/ RUIZ , /05/ SJ CONTRACTOR HIP14/ RUIZ , /05/ SJ CONTRACTOR HIP14/ RUIZ , TOTAL CHECK , /05/ SLADDEN ENGINEERING INC OR THORP WIDEN/MAR , /05/ SLADDEN ENGINEERING INC MATERAL TEST/MAR City Council Meeting of 5/24/2016 5PM Page 43

44 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 17 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT TOTAL CHECK , /05/ SMART & FINAL 11 EVENT SUPPLIES /05/ SMART & FINAL 11 EVENT SUPPLIES /05/ SMART & FINAL EVENT SUPPLIES TOTAL CHECK /05/ SMART TECH GROUP INC. 12 PMT#2 RET , /05/ SMART TECH GROUP INC TRAF SIG/APR , TOTAL CHECK , /05/ JIMMY SMITH ROUND DNC 4/25/ /05/ SOUTH COAST A Q M D FAC ID /05/ SOUTH COAST A Q M D FAC ID /05/ SOUTH COAST A Q M D FAC ID /05/ SOUTH COAST A Q M D FAC ID /05/ SOUTH COAST A Q M D FAC ID /05/ SOUTH COAST A Q M D FAC ID TOTAL CHECK /05/ MICHAEL BLAKE STREET MAINT /05/ SOUTHERN CALIFORNIA EDIS OR THORP/APR /05/ SOUTHERN CALIFORNIA EDIS BEACH/APR /05/ SOUTHERN CALIFORNIA EDIS VAL VW/APR /05/ SOUTHERN CALIFORNIA EDIS STANTON/APR /05/ SOUTHERN CALIFORNIA EDIS VAL VW/APR , /05/ SOUTHERN CALIFORNIA EDIS LA PALMA/APR /05/ SOUTHERN CALIFORNIA EDIS WESTERN/APR /05/ SOUTHERN CALIFORNIA EDIS WESTERN/APR , /05/ SOUTHERN CALIFORNIA EDIS BEACH/APR /05/ SOUTHERN CALIFORNIA EDIS BEACH/APR /05/ SOUTHERN CALIFORNIA EDIS LINDEN CIR/APR , /05/ SOUTHERN CALIFORNIA EDIS BEACH/APR /05/ SOUTHERN CALIFORNIA EDIS DALE/APR /05/ SOUTHERN CALIFORNIA EDIS LA PALMA/APR TOTAL CHECK , /05/ SOUTHERN COUNTIES OIL CO BULK UNLEADED FUEL , /05/ PHILIP A. REYES 11 1ST/SOUND ENG. 6/8/ , /05/ PHILIP A. REYES ND/SOUND ENG 6/15/ , /05/ PHILIP A. REYES RD/SOUND ENG 6/22/ , /05/ SPECIALTY MOWING,DIV OF SHRUB TRIM/MAR , /05/ SPECIALTY MOWING,DIV OF SHRUB TRIM/MAR , TOTAL CHECK , /05/ STAPLES CONTRACT & COMME FILING CABINET City Council Meeting of 5/24/2016 5PM Page 44

45 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 18 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES /05/ STAPLES CONTRACT & COMME OFFICE SUPPLIES TOTAL CHECK , /05/ KIMBERLY STRICKLER SCORKEEP 4/9 22/ /05/ SWRCB ACCOUNTING OFFICE WATER SYS FEE/ , /05/ THE WISEGUYS BIG BAND MA WISEGUYS BAND 6/29/ , /05/ TIME WARNER CABLE LLC MAR , /05/ TIME WARNER CABLE LLC APR , /05/ TIME WARNER CABLE LLC TOTAL CHECK , /05/ SABINA TIMOTHY ART INNOVATORS/SPR /05/ FELIPE TORRES 11 REF#E /5940 LOS /05/ TOTAL IMAGING SOLUTIONS, RENEW SERVICES /05/ TOWNSEND PUBLIC AFFAIRS LOBBYIST MAY , /05/ TOWNSEND PUBLIC AFFAIRS LOBBYIST MAY , City Council Meeting of 5/24/2016 5PM Page 45

46 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 19 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT TOTAL CHECK , /05/ TRI SIGNAL INTEGRATION I FIRE ALARM REPAIRS /05/ TYCO INTEGRATED SECURITY ALARM MONITORING /05/ UNDERGROUND SVC. ALERT O NEW TICKET CHARGES /05/ UTILIWORKS CONSULTING, L CONSULTANT SERVICES , /05/ UTILIWORKS CONSULTING, L CONSULTANT SERVICES , /05/ UTILIWORKS CONSULTING, L CONSULT/MAR , TOTAL CHECK , /05/ JEFF VAN SICKLE JUDGE/TRACK/FIELD /05/ VCA CODE GROUP CORP OT PL REV/FEB APR , /05/ VERIZON BUSINESS X26 APR /05/ VERIZON WIRELESS /05/ VERIZON WIRELESS APR /05/ VERIZON WIRELESS APR TOTAL CHECK /05/ VULCAN MATERIALS, INC STREET MAINT /05/ VULCAN MATERIALS, INC STREET MAINT /05/ VULCAN MATERIALS, INC STREET MAINT TOTAL CHECK /05/ WALMART COMMUNITY/GEMB PARK SUPPLIES /05/ WALMART COMMUNITY/GEMB PARK SUPPLIES /05/ WALMART COMMUNITY/GEMB 11 EVENT SUPPLIES /05/ WALMART COMMUNITY/GEMB PARK SUPPLIES /05/ WALMART COMMUNITY/GEMB PARK SUPPLIES TOTAL CHECK /05/ WALTERS WHOLESALE ELECTR PARK MAINT /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I JAIL SUPPLIES /05/ WAXIE SANITARY SUPPLY, I 11 STOCK JANITORIAL TOTAL CHECK City Council Meeting of 5/24/2016 5PM Page 46

47 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 20 DATE: 05/05/2016 CITY OF BUENA PARK ACCTPA21 TIME: 12:26:19 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT /05/ WEST COAST ARBORISTS INC STUMP REMOVAL /05/ WEST COAST ARBORISTS INC TREE MAINT/MAR , TOTAL CHECK , /05/ WESTMINSTER ICE MANAGEME ICE SKATE/SPR /05/ KERRY L. CHESTER % CNRT DEPOS 6/8/ , /05/ WM CURBSIDE, LLC OIL WASTE/MAR /05/ WM CURBSIDE, LLC HAZ WASTE DISPO/MAR , TOTAL CHECK , /05/ XEROX CORP COPIER MAINT/APR /05/ XEROX CORPORATION COPIER LEASE/APR /05/ XEROX CORPORATION MT & PER COPY/APR TOTAL CHECK /05/ YOUNGBLOOD & ASSOCIATES POLYGRAPH EXM 4/18/ TOTAL CASH ACCOUNT 3, ,478, TOTAL FUND 3, ,478, TOTAL REPORT 3, ,478, City Council Meeting of 5/24/2016 5PM Page 47

48 Item 02 Voided Check Numbers Date Printed 5/5/2016 City Council Meeting of 5/24/2016 5PM Page 48

49 Item 02 RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $65, DEMAND NOS THROUGH CANCELLED NO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That in accordance with Section of the Government Code, the Director of Finance or his designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof. Director of Finance SECTION 2: That claims and demands Nos through in the sum of $65, set forth on the 1-page register attached to this resolution and made a part hereof have been audited as required by law and are hereby allowed as set forth. PASSED AND ADOPTED this day of 2016 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk City Council Meeting of 5/24/2016 5PM Page 49

50 Item 02 RESOLUTION NO. Page 2 I hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this day of City Clerk City Council Meeting of 5/24/2016 5PM Page 50

51 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 05/12/2016 CITY OF BUENA PARK ACCTPA21 TIME: 17:21:14 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between :00: and :00: ACCOUNTING PERIOD: 11/16 FUND 11 GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ACTIVITY DESCRIPTION SALES TAX AMOUNT V 05/05/ STEVEN SABEL ST INSTAL/GREASE , /12/ AMERICAN CANCER SOCIETY 11 GOLF TOURN/DONATION , /12/ BP PD SWAT TEAM 73 DED:1101 SWAT /12/ BUENA PARK POLICE ASSOCI 73 DED:1100 POLICE DUE , /12/ CALPERS LONG TERM CARE P 73 DED:0875 PERS LTC /12/ COLONIAL SUPPLEMENTAL IN 73 DED:0843 COLONIAL /12/ COLONIAL SUPPLEMENTAL IN 73 DED:0844 COLONIAL /12/ COLONIAL SUPPLEMENTAL IN 73 DED:0871 COL CANCER TOTAL CHECK /12/ FRANCHISE TAX BOARD 73 DED:0071 MISC , /12/ INTERNAL REVENUE SERVICE 73 DED:0079 GARNISHMNT /12/ NATIONAL PAYMENT CENTER 73 DED:0076 GARNISHMNT /12/ ORANGE COUNTY SHERIFF DE 73 DED:0082 COURT LEVY /12/ ORANGE COUNTY SHERIFF DE 73 DED:0083 COURT LEVY TOTAL CHECK /12/ PREFERRED BENEFIT INSURA 73 EIA#17221;GROUP# , /12/ STEVEN SABEL ST INSTAL/GREASE , /12/ SAMUEL FRENCH INC RT PERF RIGHTS/GREASE , /12/ UNITED STATES TREASURY 73 DED:0073 GARNISHMNT /12/ UNITED WAY OF ORANGE COU 73 DED:1000 UNI WAY TOTAL CASH ACCOUNT , TOTAL FUND , TOTAL REPORT , City Council Meeting of 5/24/2016 5PM Page 51

52 Item 02 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $658,545.12, COVERING REGULAR PAYROLL ENDING MAY 6, 2016 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That in accordance with Section of the Government Code, the Director of Finance or his designated representative hereby certifies to the accuracy of the following demands and to the availability of funds for payment thereof. Director of Finance SECTION 2: The claims and demands in the sum of $658, set forth on this 13-page register attached to this resolution and made a part hereof have been audited a s required by law and are hereby allowed in the amount set forth. PASSED AND ADOPTED this day of 2016 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk City Council Meeting of 5/24/2016 5PM Page 52

53 Item 02 RESOLUTION NO. Page 2 I hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this day of City Clerk City Council Meeting of 5/24/2016 5PM Page 53

54 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS PAYRUN: GE3 DATE: 05/03/2016 CHECK DEPOSIT CHECK NUMBER AMOUNT AMOUNT MAN/VOID EMPLOYEE ID NUMBER , VOID HOOKER, CHENEY , VOID HOOKER, CHENEY 2193 PAYRUN TOTAL CHECK: City Council Meeting of 5/24/2016 5PM Page 54

55 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS PAYRUN: GE4 DATE: 05/03/2016 CHECK DEPOSIT CHECK NUMBER AMOUNT AMOUNT MAN/VOID EMPLOYEE ID NUMBER , HOOKER, CHENEY 2193 PAYRUN TOTAL CHECK: , City Council Meeting of 5/24/2016 5PM Page 55

56 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS PAYRUN: GE5 DATE: 05/09/2016 CHECK DEPOSIT CHECK NUMBER AMOUNT AMOUNT MAN/VOID EMPLOYEE ID NUMBER VOID COBAR, OSWALD H VOID COBAR, OSWALD H. 829 PAYRUN TOTAL CHECK: City Council Meeting of 5/24/2016 5PM Page 56

57 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS PAYRUN: GE6 DATE: 05/09/2016 CHECK DEPOSIT CHECK NUMBER AMOUNT AMOUNT MAN/VOID EMPLOYEE ID NUMBER COBAR, OSWALD H. 829 PAYRUN TOTAL CHECK: City Council Meeting of 5/24/2016 5PM Page 57

58 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS PAYRUN: GE7 DATE: 05/09/2016 CHECK DEPOSIT CHECK NUMBER AMOUNT AMOUNT MAN/VOID EMPLOYEE ID NUMBER COBAR, OSWALD H. 829 PAYRUN TOTAL CHECK: City Council Meeting of 5/24/2016 5PM Page 58

59 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 6 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS PAYRUN: GE1 DATE: 05/13/2016 CHECK DEPOSIT CHECK NUMBER AMOUNT AMOUNT MAN/VOID EMPLOYEE ID NUMBER V COOK, MARSHA A V , COPPING, SARA R. 951 V , FRANCE, AARON 1650 V , HOLMQUIST, MYRNA M V , PETERSON, JEREMY W V TORRES, MARILOU M V , VAN STRATTEN, GINA 5439 V , VANDERPOOL, JAMES B V BERRY, STEVE 475 V BROWN, ARTHUR C. 655 V SMITH, FRED 4937 V SWIFT, ELIZABETH A V VAUGHN, VIRGINIA A V , GUERRA, SARAH E V , HILL, KATHLEEN 2116 V , LEWIS, MICHELE L V , TILTON, SHALICE M V , BURNETT, ALICE M. 684 V , FENTON, EDWARD S V , FLORES, LYDIA 1584 V , KERN, DONNA L V PREY, PATRICH JERALD J V , VALDEZ, REBECCA 5490 V , GARCIA, ADRIAN A V GLAVIN, BARBARA 1768 V , HERNANDEZ, GLORIA 2092 V HUTCHINSON, SANDRA 2200 V , HYUN, SUNG 2248 V MAHAN, MARK 5791 V , MENDOZA, MARIA D V , MYERS, CHRISTINE M V , RITTENHOUSE, DORA 4428 V , SCHALLER, DIANE T V , UTKA, MARGARET 5420 V , VARELA, DENNIS J V , WONG, HANG HARRY 5714 V , BOLIN, DIANE M. 554 V , GERSCH, MICHAEL R V , TEMPLETON, JOHN R V , BELTRAN, CINDY 467 V , BERROTERAN, RAUL 476 V , CULL, ROBERT D V , GATES, GARY A V , HADLEY, BRIAN C V , LESTER, ALEXANDER 2868 V , TART, ANDRE J V , CAMACHO, MARIO 731 V COHEN DORON, JILL 841 V , COURY, KIRT ANTHONY 957 V , DAVIS, SUZANNE R V , LAGMAN, MARITA G City Council Meeting of 5/24/2016 5PM Page 59

60 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 7 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS V LIN, YU HSUAN 2914 V , MACIAS, JUDITH EILEEN 2996 V MONTOYA HORN, ANA L V ORTIZ, CARLOS L V PEREZ, JOSE M V , ROSEN, JOEL 4531 V , SALTZBERG, JAY A V SANCHEZ, VIVIANA G V , SANTOS, RUTH 4640 V , WOODS, BRADY 5721 V , ZAPIEN, ERNESTINE R V , ARCHULETA, MARTHA B. 189 V , ARDAIZ, LANA 190 V CORONA, JOSE A. 952 V , DHAUW, MELISSA 1170 V , FEWER, JESSICA 580 V , LOPEZ, RUBEN 2939 V , COTA, LORRAINE 954 V , HENDRICKS, GARY T V , MAGRUDER ENOS, CHARLENE 3016 V , MARTINEZ, MANUEL 9007 V , SIANEZ, COREY S V , WILLIAMS, JUDITH 5660 V , WORRALL, GARY J V , CHARNES, LANCE W. 783 V , COTA, RYAN M. 955 V DAHLGREEN, DOLORES E V , LAM, DAVID 2790 V , MIKIEWICZ, SIMON 3360 V , NUNEZ, RICHARD CHRIS 3815 V , SHEA, KEVIN J V , SOLIS, DANIEL 5000 V , SULLIVAN, STACEY 5160 V ARCOS, IRMA E. 191 V BARR, LISA 366 V BENDEZU, JUANPABLO 470 V , BLOUGH, BRENT A. 526 V , BRANDSTETTER, JAMES C. 629 V BRYDGES, KRISTEN 5564 V , CONN, SANDRA 960 V DIERINGER, REGINA 1515 V EARL, AIMEE E V , ESQUETINI, MARIA 1536 V GUERRERO, DENISE V V , HARKEY, JOSEPH A V HOLTMEIER, LAURA B V LOPEZ, JESSICA D V , MAERKER, ELIZABETH 3017 V , MCGRATH, CODY J V MEHLI, SEANJIT S V PATEL, VICKY B V , SHERIFF, SAMANTHA L V , TANIGUCHI, MELISSA A V TERRILL, CARYNN N V , YOUNG, LORI 1671 V , ALCALA, BRITTANY M. 58 V , CHAN, KARA K. 795 City Council Meeting of 5/24/2016 5PM Page 60

61 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 8 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS V , CHAVEZ, LULIE 800 V , FIORE, KATE A V , KOSKI, ALMA 2717 V KUHN, MICHELLE L V KUHN, TARI J V , MAERTZ, DANA R V , NGO, CATHERINE 3752 V , PENDLETON, SUN H V , SERRANO, ANGELA A. 255 V UMLAH, AMBER D V , VANPELT, LORRAINE A V , ALFONZO, JESSE 64 V , BAILEY, JOHN T. 355 V , BATES, PATRICK K. 378 V , BERNAL, DAVID A. 480 V , BOYD, ROBERT 584 V , BOYER, CAMERON B. 585 V , BOYINGTON, DEVIN R. 594 V , BROOKS, KYLE L. 645 V , CARNEY, PATRICK 752 V , CARTER, BRET 767 V , CATANZARITI, RONALD W. 759 V , CHARALAMBOUS, CHRISTOS N. 802 V , COLON, BOBBY S. 900 V , DAVENPORT, JOSEPH 1094 V , DELGADILLO, DANIEL C V , DIERINGER, RYAN 1145 V , ESCAMILLA, MARIO 1529 V , FORSYTH, RICHARD A V , FRANKLIN, KEVIN 1649 V , GALOS, MICHAEL 1680 V , GENTNER, GEORGE 1765 V , GEYER, BRADLEY 1692 V , HAM, JASON D V , HARTLEY, BENJAMIN 2040 V , HERST, RYAN A V , HOLLIDAY, STEVE W V , HONG, ALEX S V , HOOVER, JOEY V V , HORNUNG, FRANK M V , JIMENEZ, GUSTAVO 2285 V , JOHNSON, BRYAN R V , KOTANI, DIANA 1585 V , LEE, PAUL 2870 V , LOPEZ, WILLYVALDO F V , LUONG, ANDY 2967 V , MOELLER, SARAH R V , MORENO, KRISTINE M. 63 V , MUGICA, MANUEL T V , MUNOZ, OSCAR 3605 V , NUNES, FRANK E V , NYHUS, CHRISTOPHER M V , O DETTE, DIRK W V , PAHNG, JAMES W V , PANTOJA, DAVID 3986 V , PEREZ, OSCAR 4130 V , PINO, RICHARD P City Council Meeting of 5/24/2016 5PM Page 61

62 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 9 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS V , PLUMLEE, ROGER A V , POWELL, ROGER W V , RAMIREZ JR., ANGEL 4314 V , SANG, DAVID M V , SYPHAX, CHARLOTTE F V , TOMSICK, MARTIN S V , WEAVER, CHAD L V , BAGGIO GULCHER, TINA M. 320 V , GONZALES III, JUAN F V , KIMERY, ERIC R V , KOHANEK, WILLIAM M V , MCCLOUD, BRENDA 3208 V , MENDIVEL, CHRISTINA M V , NASMAN, LORENA 3690 V , NGUYEN, NGHIA T V , RICE, JAMES R V , SAUCEDA, CATHLEEN M 4645 V , VU, JEFFREY D V BAIR, JOHN M. 284 V BRICE, ARTHUR 653 V , CASEY, DROUETT B. 771 V PEGG, ARTHUR R V UNGLES, LARRY D V , ALFONZO, TARA L V , BANKS, TAMRA JO 68 V , BISBING, KRISTOPHER D. 508 V , BONFILS, TIMEA 579 V , BURCIAGA, ERIC 676 V , CARNEY, THOMAS 751 V , FRANSSEN, TODD 1652 V , GANO, KEVIN 1742 V , LEE, CONNOR 2861 V , LEPE, SERGIO 2901 V , LOVCHIK, MICHAEL 2943 V , MORISON, MARK 3568 V , O DETTE, NANCY 1920 V , PATTON, DANA A V , PELTON, GREGORY S V , PIMENTEL, CHRIS W V , REYES, NADIA S V , SHADDOW, JON MICHAEL 4837 V , TENG, LING FEI 2871 V , TEWELL, MELISSA 5282 V , TREADWAY, SARA P V , WOO, JAMES J.H V , JONES, ELLA 2363 V , THOMAS, KIMBERLY R V , ALMANZA, MINERVA 79 V , BRADLEY, JOHN J. 632 V , DAHL, TERRY 1084 V , FORMANES, LEAH 4144 V , GUTIERREZ, FRANCISCO J V , JACOBS, DAVID T V , KIM, KENNETH 2587 V , LANNAN, GREGORY P V , NOUSOME, WOOD V V SINGHAL, ANNIE 4893 City Council Meeting of 5/24/2016 5PM Page 62

63 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 10 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS V , TAYLOR, KRISTIN 5233 V , THOMAS, DAVID 5316 V , TOWNSEND, JEFFREY 5375 V , WINKLE, CHARLES E V , WRAY, NORMAN C V , AUBUCHON, LAURIE 250 V , BRODOWSKI, DOUGLAS E. 650 V , GENERA, ELIZABETH A V , HUNT, JOSEPH T V , LOPEZ, GERARDO 2942 V , LUX, ANDREA 2972 V , GONZALEZ, ALEJANDRO 1783 V , LIBUNAO, NINO C V , MAGDALENO, CARLOS C V , VAZQUEZ, JOE L V , ARMENDARIZ, RICHARD A. 197 V , CARRILLO, EDWARD 765 V , FINCH, BARRETT A V , GONZALEZ, ANGEL A V , GRISSO, MICHAEL J V , HAGAN, KEVIN J V , HUNT, ROBERT S V , LANFORD, JOHN R V , MCGEE, MICHAEL J V , MENDOZA, JOHN G V , MOORE, FRANK 3486 V , PARKER, TRAVIS J V , SANCHEZ, JUAN 4617 V , SCHUTT, ZACHARY R V , SPEAR, ANTHONY 5011 V , TEJADA, JOSE 5246 V TRAHAN, KALANI 5397 V , AMARO, MOSES 125 V , BRISENO, ANDRES 639 V , BRITO, MICHAEL L. 642 V , GUERRA, JOSE 1912 V , KOSS, MICHAEL A V , MARTLARO, MICHAEL A V , MASON, DANIEL 3164 V , MELLADO, KIM 3289 V , MERROW, MATTHEW C V , PENA, MANUEL E V , PORTER, JEFFREY A V , RAI, MANBIR 4313 V , DURAN, CESAR 1450 V , MACIAS, RAYMOND M V , MULLENBACH, PETER J V , WHITESIDE, JOHN S V BANAL, JUSTINE E. 300 V , COLES GUZMAN, MARY P. 950 V , KURATA, DALE 2749 V , MARTINEZ, MARIA 3126 V , RILEY, MARGARET 4607 V , TOLLIVER, IMANI Y V , BACA, ANDREW 315 V , ESCATEL OROSCO, PEDRO 1537 V , MOJARRO, ANDREW 3082 City Council Meeting of 5/24/2016 5PM Page 63

64 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 11 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS V MUNOZ, GENE R V , PAULINO, REY O V , ROMERO, FIDEL 4530 V , VANDEWEERD, JEREMY 5458 V , WELLS, ANTHONY G V AGUILAR, KENNETH 26 V AGUIRRE, CARLOS 24 V ARIAS, ANGELA M. 196 V BALANDRAN, GABRIELLA E. 360 V BANUELOS, VANESSA N. 361 V CABRAL, GABRIEL 701 V CAMPOS, ALBERTO A. 725 V CANSECO, EDMUNDO X. 715 V CASTILLO, JULIANA 769 V CHAVEZ, ARIANA H. 788 V CORTES, KIMBERLY 956 V EWING, ROGER 1540 V FLORES, GUILLERMO 1576 V FLORES, NATHAN D V GARCIA, WINGARD F V GRIMALDO, EDDER U V GUERRERO, MARY CARMEN S V , GUTIERREZ, SHAYNA L V GUZMAN, NADINE 1917 V GUZMAN, YVONNE L V HARRISON ROTH, LEE ANNE M V HERRERA, REBEKAH S V JORDAN, LAURYN D V LUNA, CAITLIN M V MCGUIRE, JESSICA 3171 V MCKAY, AYRON 3215 V MCSHEA, MORGAN 3224 V MERCADO, IRENE 3304 V MONTERO LIMA, SARAHI M V MOORE, TEHNYSHA M V MOREIRA, CELESTE D V NAVARRO LOPEZ, MONICA 3677 V PALOS, SEAN S V , RAMIREZ, VERONICA 4336 V ROBLEDO, ALEXANDRA 4475 V RODARTE, RYAN P V RODRIGUEZ, ENRIQUE M V ROMERO, SELENA 4521 V SILVA, SAUL R V STRICKLER, LINDA L V THOMAS, MICHAEL D V TOLEDO, ANDREW T V , VANSICKLE, MICHELLE 2076 V VARGAS, AMANDA R V VAZQUEZ ROMO, MERCEDES 5476 V VERA, DIANA 5478 V WILKERSON, JAKE T V , CHAVEZ, ALEJANDRO 785 V LOVETERE, COLETTE B V MEDIRAN, JOHN 3317 V , RABANERA, AL 4307 V WHYTE, LAURYN 5649 City Council Meeting of 5/24/2016 5PM Page 64

65 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 12 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS V WRIGHT, SEAN 5740 V BONILLAS, GREGORIO H. 575 V CONTRERAS, JOSE R. 898 V DAGSHER III, KENNETH G V GONZALEZ, JR., SALVADOR 1826 V HAKIM, WILLIAM RICHARD 1948 V PINA, NICHOLAS B V ROMERO, IVAN E V BLATTER, MAHLON D. 520 V CAMPBELL, PHYLLIS J. 700 V CEBALLOS, ABEL 777 V CEVALLOS, VANESSA 770 V COOKSON, ASHLEY A. 945 V , DESSELLE, ERICA N V DOMINGO, ROMMEL D V HAN, HOON J V LOPEZ, JOSEPH E V LOVATTO, DONNA 2944 V LUGO, JUANA 2964 V , MARTINEZ, EDWARD J V , NIELSEN, ROSEMARY 3760 V RIZO, ISAAC A V , ROGERS, PATRICK J V RUIZ, ANA M V SANCHEZ, RENEE A V , SAUCEDA, MARK G V SMITH, ESTHER L V VALVERDE, DEREK 5464 PAYRUN TOTAL CHECK: , City Council Meeting of 5/24/2016 5PM Page 65

66 Item 02 SUNGARD PUBLIC SECTOR PAGE NUMBER: 13 DATE: 05/16/2016 CITY OF BUENA PARK PAYREP83 TIME: 07:06:26 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ( GE1, GE3, GE4, GE5, GE6, GE7, GE8 ) ALL CHECKS PAYRUN: GE8 DATE: 05/13/2016 CHECK DEPOSIT CHECK NUMBER AMOUNT AMOUNT MAN/VOID EMPLOYEE ID NUMBER GILES, NICOLE E PAYRUN TOTAL CHECK: TOTAL CHECKS: , , City Council Meeting of 5/24/2016 5PM Page 66

67 Item 03 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council FINAL PAYMENT FOR THE BELLIS PARK FENCE IMPROVEMENTS PROJECT RECOMMENDED ACTION: 1) Accept project as complete and ratify final payment to Rio Jordan Construction, Inc. in the amount of $2,085.25; and 2) Direct the City Clerk to file a Notice of Completion. PURPOSE: To issue final payment and file a Notice of Completion for the Bellis Park Fence Improvements Project. This project will be funded by the 2014 Housing Related Parks (HRP) Program grant. DISCUSSION: The Bellis Park Fence Improvements project has been completed. This project consisted of the replacement of the existing concrete masonry unit (CMU) walls with wrought iron fences. The project provides American with Disabilities Act (ADA) access, replaces outdated facilities and increases visibility into the park. The contractor has submitted a bill for work completed as of May 5, All items, quantities, and prices have been checked and found to be in accordance with the contract documents. The final payment is in the amount of $2, The final contract cost for this project is $189, The neighboring school will reimburse the City in the amount of $10, for their portion of the cost for the fence. The final project budget cost will be $179,287. This figure is $713 (or 0.42%) below the approved project budget of $180,000. The total retention is in the amount of $9, and will be released following the expiration of the 35-day lien period. An analysis of expenditures is listed as Appendix A and attached to the project final report. This report was coordinated with the Finance Department by memorandum dated May 11, 2016 (Attachment 1). BUDGET IMPACT: The total cost of the project is $179,287. This project was previously budgeted in the FY budget. Park-in Lieu funds are available in Account No for this project. Those funds will be reimbursed by the Department of Housing and Community Development (HCD) under the 2014 Housing Related Parks (HRP) Program Grant. This will allow those funds to be used for another purpose. Prepared by: Approved by: Presented by: David Jacobs, Interim Director of Public Works Jim Vanderpool, City Manager Jeff Townsend, Associate Engineer ATTACHMENTS: 1) Finance Department Memorandum 2) Final Report 3) Appendix A 4) Contractor s Invoice City Council Meeting of 5/24/2016 5PM Page 67

68 Item 03 MEMORANDUM Department of Public Works DATE: May 11, 2016 TO: FROM: SUBJECT: Harry Wong, Finance Manager David Jacobs, Interim City Engineer BELLIS PARK FENCE IMPROVEMENTS PROJECT FINAL PAYMENT Amount: $2, Account No.: Purchase Order: Contractor: Rio Jordan Construction, Inc Le Moran Avenue Pico Rivera, CA Payment Processed on Warrant Register: 5/27/16 RECOMMENDATION It is recommended that the Finance Officer issue a warrant for the final payment on this contract. CERTIFICATION This is to certify that the subject project has been completed satisfactorily. The contractor has submitted final bill for the completed work and is entitled to total to date payment in the amount of $2, Bid items, quantities and prices have been checked through this department and are found to be accurate in accordance with the contract documents. A copy of the final report is attached for your file. A Notice of Completion will be filed by the City Clerk upon approval of the City Council, and following the expiration of the 35-day lien period; the 5% retention will be released to the contractor. Final Payment represents 100% completion to date. Attachments C: Jeff Townsend, Associate Engineer Dennis Varela, Accountant Gloria Hernandez, Account Clerk City Council Meeting of 5/24/2016 5PM Page 68

69 Item 03 Memorandum Department of Public Works Capital Improvement Project Final Report PROJECT Bellis Park Fence Improvements Project CONTRACTOR Rio Jordan Construction, Inc. CONTRACT DATES CONTRACT COSTS Advertisement: 1/30/16 Original Project Cost: $154, Contract Awarded: 2/23/16 Contract Adjustment: $ 34, Notice to Proceed: 3/21/16 Total: $189, Work Completed: 5/5/16 Total Days Used: 33 CONTRACTOR RATING The contractor completed all phases of work in an expedient and satisfactory manner. This project consisted of the replacement of the existing concrete masonry unit walls with wrought iron fences. The project provides American with Disabilities Act (ADA) access, replaces outdated facilities and increases visibility into the park. The work has been completed per plans and specifications, and to the satisfaction of the City Engineer. On January 30, 2016, the project was advertised for bid. On February 10, 2016, six bids were received and publicly opened. Rio Jordan Construction, Inc. was the responsible bidder with the bid amount of $154, On February 23, 2016, a construction contract in the amount of $154, was awarded to Rio Jordan Construction, Inc. of Pico Rivera, California. A pre-construction conference was held on March 10, Following contract execution, construction began on March 23, The contractor accomplished all work, including punch list items. CONTRACT CHANGE ORDER: CCO#1: The Contractor is instructed to remove an existing 16 foot high fence and install temporary fence and install matching wrought iron fence and a 4 foot wide gate. The resulting change order amount for the changes is $16, CCO#2: The Contractor is instructed to remove and haul away additional existing concrete cmu wall footings. The resulting change order amount for the changes is $2, CCO#3: The Contractor is instructed to add an extension of wrought iron fence to cover an existing drainage ditch crossing. The resulting change order amount for the change is $ City Council Meeting of 5/24/2016 5PM Page 69

70 Page: 2 of 2 Date: May 11, 2016 Subject: Capital Improvement Project Final Report Item 03 CCO#4: The Contractor is instructed to make field changes to the proposed driveway and curb ramp to comply with ADA standards. The resulting change order amount for the change is $5, CCO#5: The Contractor is instructed to make field changes to the installed pedestrian gates. The resulting change order amount for the change is $2, QUANTITY ADJUSTMENT: Quantity Increases: Miscellaneous items of work: +$7, Quantity Decreases: Miscellaneous items of work: -$0.00 CONTRACT COSTS The final quantities resulted in a total contract cost of $189, The neighboring school will reimburse the City in the amount of $10, for their portion of the cost for the fence. The final project budget cost will be $179, This represents $ below the approved project budget amount of $180, An analysis of project costs is included as Appendix A. CONCLUSION It is hereby recommended that the City Council accept the project as complete. Prepared by: Approved by: Jeff Townsend, Project Engineer David Jacobs, P.E., Interim City Engineer City Council Meeting of 5/24/2016 5PM Page 70

71 Item 03 DEPARTMENT OF PUBLIC WORKS APPENDIX "A" Bellis Park Fence Improvements Project CONTRACT Original Contract Amount $154, Council Approved Contingecy $15, Council Approved Construction Engineering $9, Approved Project Budget $180, CONTRACT ADJUSTMENTS Contract Change Orders Remove and Install fence for school Remove additional cmu wall concrete footings Wrought iron fence extension to cover ditch crossing ADA ramp and driveway field changes Modify pedestrian gates $16, $2, $ $5, $2, Quantity Adjustments Increases $7, Decreases $0.00 Total $7, Total Contract Adjustments $34, CONTRACT EXPENDITURES Value of Work Done Previously $187, Value of Work Done This Period $2, Subtotal $189, Less 5% Total Retention -$9, Less Previous Payments -$177, Total amount Due This Payment $2, PROJECT SUMMARY Original Contract Amount $154, Total Contract adjustment $34, Revised Contract $189, Cost of Work Completed to Date $189, School Reimbursement for Portion of Fence -$10, Final Budget Cost of the Project $179, Amount below the Approved Construction Cost $ Percentage below the Approved Project Budget 0.42% City Council Meeting of 5/24/2016 5PM Page 71

72 Item 03 Pay Estimate #4 as of MAY 5, 2016 Project Name: Bellis Park Fence Improvement City Project No. 246 Owner: City of Buena Park Bid No Original Contract: $154, Contractor: Rio Jordan Construction, Inc Awarded: 2/24/ Lemoran Avenue Pico Rivera, CA Item no. Description Bid Quantity Units Previo us Qty. Current Qty. Unit Price Amount 1 Demolition and removal of Existing 6' high CMU wall and footing 635 LF $ $ - 2 Sawcut and remove sidewalk 12" wide 325 SF $ 6.00 $ - 3 Demolition and remvoal of 4' wide chain link gates and posts 2 EA 2 0 $ 1, $ - 4 Demolition and removal of 18' wide chain link gates and posts 1 EA 1 0 $ 3, $ - 5 Demolition and removaal of 12' wide chain link gates and posts 1 EA 1 0 $ 2, $ - 6 Sawcut and remove curb at culvert 12 LF 12 0 $ $ - 7 Sawcut and remove curb ramp 1 EA 1 0 $ 3, $ - 8 Sawcut and remove driveway approach 1 EA 1 0 $ 4, $ - 9 Import backfill and compact soil areas were cmu wal footing and gate posts were 32 CY 50 0 $ $ - removed 10 Construct New Sidewalk 340 SF $ 7.25 $ - 11 Construct new curb at culvert with reuse of steel plate and angles 12 LF 12 0 $ $ - 12 Construct new curb ramp per Caltrans standards with blue detecable warning surface 1 EA 1 0 $ 8, $ - 13 Construct new driveway approach to curb ramp Caltrans standards with blue detecable warning surface 1 EA 1 0 $ 10, $ - 14 Furnish and install 7'6" high wrought iron fence 635 LF $ $ - 15 Furnish and install 4' wide wrought iron gates 2 EA 2 0 $ 4, $ - 16 Furnish and install 12' wide wrought iron gates 1 EA 1 0 $ 5, $ - 17 Furnish and install 18' wide wrought iron gates 1 EA 1 0 $ 6, $ - 18 Remove and replace existing ADA Parking Signs with new 4 EA 4 0 $ $ - CO1 Fence and Gate At school 1 LS 1 0 $ 16, $ - CO2 Extra Footing 1 LS 1 0 $ 2, $ - CO3 Extra Wrought Iron at culvert 1 LS 1 0 $ $ - CO4 Driveway and Curb ramp Changes 1 LS 1 0 $ 5, $ - CO5 Gate Modifications 1 LS 0 1 $ 2, $ 2, Earned $ 2, Retention $ Paid $ 2, City Council Meeting of 5/24/2016 5PM Page 72

73 Item 04 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council FINAL PAYMENT FOR THE COMMUNITY CENTER PEDESTRIAN GATE PROJECT RECOMMENDED ACTION: 1) Accept project as complete and ratify final payment to Damon, Inc. in the amount of $10,052.90; 2) Direct the City Clerk to file a Notice of Completion; and 3) Approve the use of previously budgeted Park-in-Lieu funds for this project. PURPOSE: To issue final payment and file a Notice of Completion for the Community Center Pedestrian Gate Project. This project was funded by the Park-in-Lieu Fund. DISCUSSION: The Community Center Pedestrian Gate Project has been completed. This project consisted of the construction of storefront windows and a door at the top of the stairs inside the existing Buena Park Community Center The contractor has submitted a bill for work completed as of May 13, All items, quantities, and prices have been checked and found to be in accordance with the contract documents. The final payment is in the amount of $10, The final contract cost for this project was $65,900. This figure is $2,100 or 3.96% below the approved project budget of $68,000. The total retention is in the amount of $3,295 and will be released following the expiration of the 35-day lien period. An analysis of expenditures is listed as Appendix A and is attached to the project final report. This report was coordinated with the Finance Department by memorandum dated May 13, 2016 (Attachment 1). BUDGET IMPACT: This project was previously budgeted in the FY budget. Park-in Lieu funds are available in Account No for this project. Prepared by: Approved by: Presented by: David Jacobs, Interim Director of Public Works Jim Vanderpool, City Manager Jeff Townsend, Associate Engineer ATTACHMENTS: 1) Finance Department Memorandum 2) Final Report 3) Appendix A 4) Contractor s Invoice City Council Meeting of 5/24/2016 5PM Page 73

74 Item 04 MEMORANDUM Department of Public Works DATE: May 13, 2016 TO: FROM: SUBJECT: Harry Wong, Finance Manager David Jacobs, Interim City Engineer COMMUNITY CENTER PEDESTRIAN GATE PROJECT FINAL PAYMENT Amount: $10, Account No.: Purchase Order: Contractor: Damon, Inc Samoline Avenue Downey, CA Payment Processed on Warrant Register: 5/27/16 RECOMMENDATION It is recommended that the Finance Officer issue a warrant for the final payment on this contract. CERTIFICATION This is to certify that the subject project has been completed satisfactorily. The contractor has submitted the final bill for the completed work and is entitled to total to date payment in the amount of $10, Bid items, quantities and prices have been checked through this department and have been found to be accurate in accordance with the contract documents. A copy of the final report is attached for your file. A Notice of Completion will be filed by the City Clerk upon approval of the City Council, and following the expiration of the 35-day lien period; the 5% retention will be released to the contractor. Final Payment represents 100% completion to date. Attachments C: Jeff Townsend, Associate Engineer Dennis Varela, Accountant Gloria Hernandez, Account Clerk City Council Meeting of 5/24/2016 5PM Page 74

75 Item 04 Memorandum Department of Public Works Capital Improvement Project Final Report PROJECT Community Center Pedestrian Gate Project Damon, Inc. CONTRACTOR CONTRACT DATES CONTRACT COSTS Advertisement: 12/14/15 Original Project Cost: $ 48, Contract Awarded: 1/26/16 Contract Adjustment: $ 17, Notice to Proceed: 3/7/16 Total: $ 65, Work Completed: 5/13/16 Total Days Used: 49 CONTRACTOR RATING The contractor completed all phases of work in an expedient and satisfactory manner. This project consisted of the construction of storefront windows and door at the top of the stairs inside the existing Buena Park Community Center. The work has been completed per plans and specifications, and to the satisfaction of the City Engineer. On December 14, 2015, the project was advertised for bid. On January 13, 2016, one bid was received and publicly opened. Damon, Inc. was the responsible bidder with the bid amount of $48, On January 26, 2016, a construction contract in the amount of $48, was awarded to Damon, Inc. of Downey, California. A pre-construction conference was held on March 2, Following contract execution, construction began on March 7, The contractor accomplished all work, including punch list items. CONTRACT CHANGE ORDER: CCO#1: The Contractor is instructed to install a von duprin electrified door hardware with key pad. The resulting change order amount for the change is $16, CCO#2: The Contractor is instructed to install a new door without a continuous hinge to be compatible with the electrified door hardware. The resulting change order amount for the changes is $3, City Council Meeting of 5/24/2016 5PM Page 75

76 Page: 2 of 2 Date: May 24, 2016 Subject: Capital Improvement Project Final Report Item 04 QUANTITY ADJUSTMENT: Quantity Increases: Miscellaneous items of work: +$0.00 Quantity Decreases: Miscellaneous items of work: -$1, CONTRACT COSTS The final quantities resulted in a total contract cost of $65, This represents $2, below the approved project budget amount of $68, An analysis of project costs is included as Appendix A. CONCLUSION It is hereby recommended that the City Council accept the project as complete. Prepared by: Approved by: Jeff Townsend, Project Engineer David Jacobs, P.E., Interim City Engineer City Council Meeting of 5/24/2016 5PM Page 76

77 Item 04 DEPARTMENT OF PUBLIC WORKS APPENDIX "A" Community Center Pedestrian Gate Project CONTRACT Original Contract Amount $48, Council Approved Contingecy $5, Council Approved Construction Engineering $15, Approved Project Budget $68, CONTRACT ADJUSTMENTS Contract Change Orders A von duprin electrifed door hardware with keypad Compatable door hinge $16, $3, Quantity Adjustments Increases $0.00 Decreases $1, Total $1, Total Contract Adjustments $17, CONTRACT EXPENDITURES Value of Work Done Previously $55, Value of Work Done This Period $10, Subtotal $65, Less 5% Total Retention -$3, Less Previous Payments -$52, Total amount Due This Payment $10, PROJECT SUMMARY Original Contract Amount $48, Total Contract adjustment $17, Revised Contract $65, Cost of Work Completed to Date $65, Amount below the Approved Construction Cost $2, Percentage below the Approved Project Budget 3.96% City Council Meeting of 5/24/2016 5PM Page 77

78 APPLICATION AND CERTIFICATE FOR PAYMENT G702 Page 1 of 2 TO (OWNER): PROJECT: APPLICATION NO.: Three Distribution to: Jeffrey Townsend Community Center Pedestrian Gate OWNER X 6680 Beach Blvd 6688 Beach Blvd. ARCHITECT Buena Park, CA Buena Park, CA PERIOD TO: 5/16/2016 CONTRACTOR FROM (CONTRACTOR): (ARCHITECT): PROJECT NO 245 Damon Inc 9602 Samoline Ave, Downey CA Bid No: CONTRACT FOR: (SCOPE OF WORK) CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in connection with the Contract, Continuation Sheet is attached. The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contracto for work which previous Certificates for Payment were issued and payments received from the 1. ORIGINAL CONTRACT SUM $ 48, Owner, and that current payment shown herein is now due. 2. Net change by Change Orders $ 17, CONTRACT SUM TO DATE $ 65, By: Jacob Damoulakis Date: 5/16/ TOTAL COMPLETED & STORED TO DATE $ 65, CONTRACTOR: (Column G on G703) 5. RETAINAGE CERTIFICATE FOR PAYMENT a. 5% of Completed Work $ 3295 In accordance with the Contract Documents, based on on-site observations and the da (Column D + E on G703) application, the Architect certifies to the Owner that to the best of the Architect's knowledge b. 10% of Stored Materials $ - the Work has progressed as indicated, the quality of the Work is in accordance with the Contr (Column F on G703) Contractor is entitled to payment of the AMOUNT CERTIFIED. Total Retainage (Line 5a + 5b or Total in Column I of G703) $ 3295 AMOUNT CERTIFIED $ 10, TOTAL EARNED LESS RETAINAGE $ 62, (Attach explanation if amount certified differs from the amount applied for. Initial all figures on (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR Application and on the Continuation Sheet that changes to conform to the amount certified.) PAYMENT (Line 6 from prior Certificates) $ 52, By: Jacob Damoulakis Date: 5/16/16 8. CURRENT PAYMENT DUE $ 10, BALANCE TO FINISH, PLUS RETAINAGE $ 3, (Line 3 less Line 6) By: Date: Item 04 CHANGE ORDER SUMMA ADDITIONS DEDUCTIONS Remove Fire alarm and sprinkler from project and SOV Total approved this month OTALS NET CHANGES by Chang By: Date: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor names herin. Insurance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. City Council Meeting of 5/24/2016 5PM Page 78

79 CONTINUATION SHEET - (CONTRACTOR) G703 Page 2 of 2 APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: three Contractor's signed Certification is attached. PERIOD TO: 5/9/2016 In tabulation below, amounts are stated to the nearest dollar. PROJECT NO: 245 Use Column I on Contracts where variable retainage for the line items may apply Item 04 A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G/C) TO FINISH APPLICATION STORED AND STORED (C-G) (D + E) (NOT IN D or E) TO DATE (D+E+F) 1 Demolition $5,500 $5,500 $5, % $0 $ Framing $4,000 $4,000 $4, % $0 $ Drywall $5,000 $5,000 $5, % $0 $ Sealer $1,000 $1,000 $1, % $0 $ Tile $4,500 $4,500 $4, % $0 $ Paint $2,000 $2,000 $2, % $0 $ Window $15,000 $15,000 $15, % $0 $ Alarm $1,200 $1,200 $1, % $0 $ Fire Sprinkler $1,500 $0 $0 11 Sign $800 $800 $ % $0 $ Electrical $4,500 $4,500 $4, % $0 $ Lights $3,000 $750 $2,250 $3, % $0 $ Change Order Request 1 $16,332 $10,000 $6,332 $16, % $0 $ Change Order Request 2 3,068 3,068 $3, % $0 $ TOTALS $67,400 55, $10,582 $65,900 $0 $3, City Council Meeting of 5/24/2016 5PM Page 79

80 Item 05 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: The Mayor and City Council TITLE: FINAL PAYMENT FOR THE ORANGETHORPE AVENUE WIDENING PROJECT FROM STANTON AVENUE TO INDIANA AVENUE RECOMMENDED ACTION: 1) Accept the project as complete and approve a final payment to Bitech Construction Company in the amount of $25,796.43; 2) Approve an increase to the contract amount with Bitech Construction Company in the amount of $23,236.27; and 3) Direct the City Clerk to file a Notice of Completion. PURPOSE: To issue a final payment and file a Notice of Completion for the Orangethorpe Avenue Widening Project from Stanton Avenue to Indiana Avenue. This project was funded by the Gas Tax Fund. DISCUSSION: The 20-ft. widening of the south roadway of Orangethorpe Avenue from Stanton Avenue to Indiana is complete. The completed scope of work consisted of construction of asphalt pavement, sidewalk, curb and gutter; construction of driveway approach and wheelchair ramps; construction of landscaped medians with irrigation and electrical systems; construction of the City entry sign in the median; relocation of street lights and adjustment of utility meters; and striping of pavement. The work has been completed in accordance with the plans and specifications, and to the satisfaction of the City Engineer. A final payment is due to Bitech Construction Company in the amount of $25, Release of the retention in the amount of $44, is due to the contractor following the expiration of the 35-day lien period. The final construction cost is $896,935.27, which is $23, or 2.6% above the approved contract amount of $873,699. All items, quantities, and prices have been checked and the work is complete in accordance with the contract documents. This report was coordinated with the Finance Department by a memorandum dated May 12, BUDGET IMPACT: The subject project included a fair share participation cost from developers, City Venture and Jamboree Housing. The cost breakdown for each participant is shown below: CITY CITY VENTURES JAMBOREE HOUSING Engineer s Estimate Additional costs after construction Total participation costs $385,681 $221,021 $186,997 $34, $43, $24, $420, $264, $211, City Council Meeting of 5/24/2016 5PM Page 80

81 Page 2 AGENDA REPORT TO CITY COUNCIL Meeting Date: May 24, 2016 Subject: FINAL PAYMENT FOR THE ORANGETHORPE AVENUE WIDENING PROJECT FROM STANTON AVENUE TO INDIANA AVENUE Item 05 The final construction cost is $896,935.27, which exceeds the construction budget by $23, The original approved budget was $873,699. Staff requests approval to increase the contract amount by $23, to cover the budget shortfall. City Ventures and Jamboree Housing paid an additional $43, and $24,867.34, respectively, above the initial engineer s estimate. The City will pay an additional $34, toward the project for a total of $420, This project was previously budgeted using the Gas Tax Fund. Sufficient funds are available in account to increase the project budget. Prepared by: Approved by: Presented by: David Jacobs, Interim Director of Public Works Jim Vanderpool, City Manager David Jacobs, Interim Director of Public Works ATTACHMENTS: 1) Finance Department Memorandum 2) Final Report 3) Appendix A 4) Contractor s Invoice City Council Meeting of 5/24/2016 5PM Page 81

82 Item 05 Memorandum Department of Public Works DATE: May 12, 2016 TO: FROM: SUBJECT: Sung Hyun, Director of Finance David Jacobs, Interim Director of Public Works ORANGETHORPE AVENUE WIDENING FROM STANTON AVENUE TO INDIANA AVENUE - FINAL PAYMENT Amount: $25, Account No.: Purchase Order: Contractor: Bitech Construction Company 7371 Walnut Avenue Buena Park, CA Payment Processed on Warrant Register: 5/27/16 RECOMMENDATION: It is recommended that the Finance Officer issue a warrant in the amount of $25, for Final Payment on this contract. CERTIFICATION: This is to certify that the subject project has been completed satisfactorily and the contractor is entitled to Final Payment in the amount of $25, less 5% retained. The contractor has submitted final bill for the completed work (attached). Bid items, quantities and prices have been checked through this department and are found to be accurate in accordance with the contract documents. A copy of the final report is attached for your file. A Notice of Completion will be filed by the City Clerk upon approval of the City Council, and following the expiration of the 35-day lien period; the 5% retention will be released to the contractor. Final Payment represents 100% completion to date. C: Dennis Varela, Accounting Technician Gloria Hernandez, Account Clerk City Council Meeting of 5/24/2016 5PM Page 82

83 Item 05 FINAL REPORT Memorandum Department of Public Works PROJECT CONTRACTOR ORANGETHORPE AVENUE WIDENING FROM STANTON AVENUE TO INDIANA BITECH CONSTRUCTION COMPANY AVENUE CONTRACT DATES CONTRACT COSTS Authorization: n/a Original Project Cost: $793, Contract Awarded: 7/28/2015 Contingency $80, Notice to Proceed: 9/8/15 Approved Project Budget $873, Total Cost of Work $896, Project Balance -$23, The contractor completed all phases of Work satisfactorily. The completed scope of work consisted of construction of asphalt pavement, sidewalk, curb and gutter; construction of driveway approach and wheelchair ramps; construction of landscaped medians with irrigation and electrical systems; construction of the City entry sign in the median; relocation of street lights and adjustment of utility meters; and striping of pavement. The work has been completed in accordance with the plans and specifications, and to the satisfaction of the City Engineer. On July 15, 2015, a total of seven bids were received and opened publicly. The contract was awarded on July 28, 2015 to Bitech Construction Company in the amount of $793,699 plus a contingency of $80,000, totaling $873,699. CONTRACT COSTS The final quantity and contract change order resulted in a final construction cost of $896,935.27, which is $23, or approximately 2.6% above the project budget of $873,699. An analysis of expenditures is listed as Appendix A. CONCLUSION It is hereby recommended that the City Council accept the project as complete and turn the facility over to the Public Works Department for maintenance and operation. Prepared by: Kenneth Kim, Assistant Engineer Approved by: David Jacobs, Interim Director of Public Works City Council Meeting of 5/24/2016 5PM Page 83

84 Item 05 DEPARTMENT OF PUBLIC WORKS APPENDIX "A" Orangethorpe Avenue Widening Project CONTRACT Original Contract Amount $ 793, Contingency $ 80, Approved Project Budget $ 873, CONTRACT ADJUSTMENTS Contract Change Orders CCO #1 pot hole tree wells and temporary AC at auto garage $ 9, CCO #2 new fire hydrant $ 5, CCO #3 demo and haul away concrete footing $ 3, CCO #4 additional striping $ CCO #5 maintenance during work stop period $ 9, CCO #6 weatherproof boxes for electrical outlets $ 2, Total $ 30, CONTRACT EXPENDITURES Value of Work Done Previously $ 869, Value of Work Done This Period $ 27, Subtotal $ 896, Less 5% Retained $ (44,846.76) Less Previous Payments $ (826,292.07) Total amount Due This Payment $ 25, PROJECT SUMMARY Original Contract Amount $ 793, Contingency $ 80, Cost of Work Completed to Date $ (896,935.27) Project Balance $ (23,236.27) City Council Meeting of 5/24/2016 5PM Page 84

85 Item 05 SCHEDULE OF VALUE FOR ORANGETHORPE AVE STREET WIDENING FROM STANTON AVE TO INDIANA AVE. BITECH CONSTRUCTION CO., INC. AS OF 4/29/16 ITEM NO. PREVIOUS TOTAL WORK SCOPE OF WORK QUANTITY UNIT U/P AMOUNT THIS MONTH AMOUNT EARNED REMARKS MONTH DONE 1 CLEARING AND GRUBBING 1 LS $ 1, $ 1, % 100% $ 1, ROADWAY EXCAVATION 1,137 CY $ $ 88, , , $ 164, " ARHM FINISH COURSE 726 TON $ $ 69, $ 72, " ASPHALT CONCRETE LEVELING COURSE PAVEMENT 110 TON $ $ 13, $ 33, " ASPHALT CONCRETE LEVELING COURSE PAVEMENT 969 TON $ $ 80, $ 68, " ASPHALT CONCRETE DEEPLIFT (NIGHT WORK FROM 9 PM TO 6 AM) 53 TON $ $ 7, $ 7 ASPHALT CONCRETE BRIDGE MIX (SOFT AREAS) 200 TON $ $ 22, $ 8 AGGREGATE BASE (AB) 46 CY $ $ 5, $ 6, COLD MILL PAVEMENT 1,721 SY $ 6.00 $ 10, , , $ 20, CONSTRUCT 8" TYPE A 2 CURB AND GUTTER 911 LF $ $ 31, $ 25, CONSTRUCT VARIABLE HEIGHT TYPE A 2 CURB AND GUTTER 10 LF $ $ $ 28, CONSTRUCT 8" TYPE A 1 MEDIAN CURB 1,513 LF $ $ 30, $ 14, CONSTRUCT TRANSITION ROLLED CURB AND GUTTER 10 LF $ $ $ CONSTRUCT PCC CROSS GUTTER 2,502 SF $ $ 25, , , $ 27, CONSRUCT STAMPED CONCRETE MEDIAN 2,243 SF $ $ 35, , , $ 35, CONSTRUCT CURB RETURN TYPE DRIVE APPROACH (NIGHT WORK FROM 9 PM TO 6 AM) 861 SF $ $ 17, , , $ 22, CONSTRUCT PCC SIDEWALK 6,396 SF $ 5.00 $ 31, , , $ 27, CONSTRUCT PARKWAY DRAIN S=3' 40 SF $ $ 2, $ 1, CONSTRUCT ACCESS RAMP 509 SF $ $ 9, $ 14, CONSTRUCT CITY ENTRY SIGN 1 EA $ 50, $ 50, $ 50, RELOCATE EXISTING STREET LIGHT AND APPURTENANCE 2 EA $ 5, $ 11, $ 11, ADJUST TO GRADE EXISTING STREET LIGHT AND APPUTENANCE 2 EA $ 1, $ 2, $ 2, RELOCATE EXISTING LARGE PRIVATE SIGN, ELECTRICAL WORK, AND APPURTENANCE. CONSTRUCT NEW FOUNDATION (NIGHT WORK FROM 9PM TO 6AM) 2 EA $ 3, $ 6, $ 6, ADJUST MANHOLE TO GRADE 4 EA $ $ 2, $ 2, City Council Meeting of 5/24/2016 5PM Page 85 1 OF 3

86 Item 05 ITEM NO. PREVIOUS TOTAL WORK SCOPE OF WORK QUANTITY UNIT U/P AMOUNT THIS MONTH AMOUNT EARNED REMARKS MONTH DONE 25 ADJUST OCSD MANHOLE TO GRADE 5 EA $ 1, $ 7, $ 1, ADJUST TO GRADE WATER VALVE 6 EA $ $ 2, $ 5, ADJUST TO GRADE WATER METER 2 EA $ $ $ ADJUST TO GRADE MONITORING WELL 1 EA $ $ $ 29 ADJUST TO GRADE CLEAN OUT 1 EA $ $ $ RELOCATE EXISTING WATER METER AND RECONNECT WATER LINE 2 EA $ 2, $ 5, $ 5, RELOCATE EX. FIRE HYDRANT AND RECONNECT WATER LINE 1 EA $ 3, $ 3, $ 3, ISOLATE, CUT, DEWATER, CAP AND REMOVE EX. WATER LATERAL AND FIRE HYDRANT 2 EA $ 3, $ 6, $ 3, INSTALL IRRIGATION WATER METER AND CONNECT WATER LINE 1 EA $ 3, $ 3, $ 3, REMOVE AND DISPOSE EX. LARGE PRIVATE SIGN AND FOUNDATION 2 EA $ $ 1, $ 1, IMPORTED MEDIAN TYPE "A" TOPSOIL 184 CY $ $ 8, $ 5, PROVIDE AND INSTALL MEDIAN IRRIGATION 1 LS $ 30, $ 30, % 100% $ 30, PALM TREES 8 EA $ 4, $ 36, $ 36, GAL BUSHES 182 EA $ $ 6, $ 6, MULCH AND SOIL AMENDMENT 1,986 SF $ 1.00 $ 1, , , $ 1, DAY MAINTENANCE AND PLANT ESTABLISHMENT 1 LS $ 5, $ 5, % 50% 100% $ 5, PROVIDE AND INSTALL ELECTRICAL MEDIAN WORK 1 LS $ 54, $ 54, % 100% $ 54, TRAFFIC CONTROL 1 LS $ 16, $ 16, % 5% 100% $ 16, TRAFFIC SIGNING AND STRIPING 1 LS $ 39, $ 39, % 40% 100% $ 39, PREPARE NPDES REQUIREMENTS 1 LS $ 3, $ 3, % 5% 100% $ 3, TWO CONSTRUCTION SIGNS PER CITY STD. 439A 1 LS $ 3, $ 3, % 100% $ 3, ORIGINAL CONTRACT $ 793, $ 866, CHANGE ORDER #1, POT HOLING $ 9, % 100% $ 9, CHANGE ORDER #2, FIRE HYDRANT $ 5, % 100% $ 5, CHANGE ORDER #3, REMOVAL OF UTILITY FOOTING $ 3, % 100% $ 3, CHANGE ORDER #4, ADDITIONAL STRIPING $ % 100% $ CHANGE ORDER #5, MAINTENANCE DURING STOP WPRK PERIOD $ 9, % 100% $ 9, CO#6 FOR WEATHERPROOF BOXES $ 2, % 100% $ 2, City Council Meeting of 5/24/2016 5PM Page 86 2 OF 3

87 Item 05 ITEM NO. PREVIOUS TOTAL WORK SCOPE OF WORK QUANTITY UNIT U/P AMOUNT THIS MONTH AMOUNT EARNED REMARKS MONTH DONE TOTAL AMOUNT EARNED TO DATE $ 896, LESS 5% RETENTION $ 44, RETENTION LESS PREVIOUSLY PAID $ 826, NET PAYMENT $ 25, City Council Meeting of 5/24/2016 5PM Page 87 3 OF 3

88 Item 06 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council DENIAL OF A REQUEST FOR OVERNIGHT PARKING AT BELLIS PARK FOR RESIDENTS OF 9 TH STREET RECOMMENDED ACTION: 1) Deny a request for overnight parking at Bellis Park for residents of 9 th Street. PURPOSE: To continue the restrictions on overnight parking at Bellis Park. DISCUSSION: A resident contacted the City regarding a request that residents on 9th Street be allowed to park in the parking lots at Bellis Park overnight. She stated that she has no place to park in her apartment complex at the Knott Townhomes and that she was not notified of the new 40 feet of red curb that was installed in front of her complex. As shown on Attachment 1, 9 th Street is a residential street, to the west of Beach Boulevard. The nearest major cross street is Western Avenue. The subject street is approximately 3,870 feet long, and has potential on-street parking for 185 to 195 vehicles. Most properties on the north side of 9 th Street are zoned RM-20 (Medium-Density Multifamily Residential) and developed with apartments. Most properties on the south side of 9 th Street are zoned as RS-6 (Single-Family Residential) and developed with single-family homes. Recently, the City received applications for preferential parking districts for two residential streets off of 9 th Street, specifically Val Verde Avenue and Rostrata Avenue. The applicants stated that the residents of the 9 th Street complexes do not have enough on-site parking, and end up taking most of the parking on 9 th Street and smaller residential streets in the surrounding neighborhood. For this reason, they do not have adequate parking for themselves or their guests. On April 12, 2016, during the discussion of other parking-related agenda items, the City Council directed staff to find a solution to the parking problems on 9 th Street and the surrounding neighborhood. Staff conducted a parking occupancy study on April 21 st, 26 th, 27 th, and 29 th. The intent of this study was to determine how much of the available parking was being utilized. Between the hours of 8:30 a.m. and 5:00 p.m. it was found that 96% of on-street parking for 9 th Street was utilized. On average, approximately 98% of the parking on 9 th street was in use after 8 p.m. As for the surrounding residential streets, the study found that after 8 p.m., 61% of the on-street parking was utilized. It should be noted that this request for temporary permit parking is different than past requests. Two of the existing Preferential Parking Districts (PPD) in Buena Park have parking restrictions in place 24 hours per day. In the case of Mt. Dana PPD, the residents have requested permits for overnight parking only, specifically, from 10 p.m. to 7 a.m. Since the resident making this request is primarily concerned with overnight parking, the Council may consider allowing overnight parking from 10 p.m. to 7 a.m. at Bellis Park and make a limited number of permits available to residents living on 9 th Street. City Council Meeting of 5/24/2016 5PM Page 88

89 Item 06 Page 2 AGENDA REPORT TO CITY COUNCIL Meeting Date: May 24, 2016 Subject: DENIAL OF A REQUEST FOR OVERNIGHT PARKING AT BELLIS PARK FOR RESIDENTS OF 9 TH STREET Based on the results of the studies, staff recommends that the City Council deny the request for a temporary parking permit at this time. Staff recommends that residents park in the available on-street parking in front of Bellis Park, on the north side of 8 th Street. This item was forwarded to the Traffic and Transportation Commission due to its direct correlation with the red curb installations in the area of 9 th Street, previously approved by the Commission. On May 5, 2016, the Traffic and Transportation Commission voted (5 to 0) to recommend that City Council deny the request for overnight parking at Bellis Park for residents of 9 th Street. Notice of this meeting was sent to all available addresses within 200 feet of th Street, Apt. 204, Buena Park, CA The notices were mailed on May 16, BUDGET IMPACT: The cost to create the temporary permit parking for Bellis Park would be approximately $1,800 to $2,400. This includes the cost to manufacture and install signs, as well as the purchase of permits. However, staff does not recommend this option. Prepared by: Approved by: Presented by: David Jacobs, Interim Director of Public Works Jim Vanderpool, City Manager Kristin Taylor, Assistant Engineer ATTACHMENTS: 1) Location Map 2) Traffic Count Parking Occupancy Study City Council Meeting of 5/24/2016 5PM Page 89

90 10' 151'-5" 8' 6' 8' 6' Item 06 Bellis Park Gilbert School ST. PIUS CATHOLIC City Council Meeting of 5/24/2016 5PM Page 90

91 Item 06 9TH Street Parking Occupancy Study Street Name Available Spaces Thursday, 4/21/2016 Tuesday, 4/26/2016 Wednesday 04/27/2016 Friday, 04/29/2016 8:40 to 9:30 AM 3:50 to 4:15 PM 4:30 to 5:00 PM 8:15 to 9:15 AM 8:00 to 9:00 PM 6:00 to 7:00 AM Del Rosa Hidalgo Yucca Gramercy (S) Gramercy (N) Val Verde Highland Rostrata Burnhame Ave th Street (West of Western) th Street (East of Western) Total: Percentage Total Number of spaces Utilized: % 65.09% 66.81% 56.65% 80.40% 69.81% Percentage of spaces used on side streets: % 52.86% 54.64% 78.11% 73.77% 61.74% 9th Street - Available Parking Spaces spaces available Parking on Knott - Available Spaces Parking on 8th - Available Spaces th Street - Sight Dist Observations: Two cars parked in the red zone One car in red, several parked around corners, one blocking ADA (partially) Knott Avenue - 5 spaces available. 9th Street Capacity: % 97.40% 98.96% 90.63% 97.92% 91.15% City Council Meeting of 5/24/2016 5PM Page 91

92 Item 07 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: Mayor and City Council INITIATION OF THE CALTRANS DECERTIFICATION PROCESS FOR PROPERTY LOCATED SOUTH OF AUTO CENTER DRIVE, NORTH OF THE INTERSTATE 5 (I-5) FREEWAY NORTHBOUND ON-RAMP RECOMMENDED ACTION: 1) Approve a request to Caltrans to initiate the decertification process for Caltrans-owned property located on the south side of Auto Center Drive, just north of the I-5 Freeway northbound on-ramp; and 2) Approve a budget allocation in the amount of $25,000 for this purpose. PURPOSE: To request Caltrans to start the decertification process in order to move forward in the process of potentially acquiring the property. DISCUSSION: As part of the Interstate 5 (I-5) Freeway widening project, Caltrans purchased several properties along the north side of the freeway. One such property is located on the south side of Auto Center Drive, just north of the I-5 Freeway northbound on-ramp, adjacent to what was formerly Mission Street. This property is in the vicinity of other property the City has recently purchased from private property owners and the OCTA. On April 25, 2016, staff received a letter from Caltrans informing the City of the process that must be followed to purchase the property. On May 10, 2016, the Council met in closed session and directed staff to move forward with any necessary actions to negotiate the purchase of this property from Caltrans. The first step in this process is to request the initiation of a Feasibility Study by Caltrans. During this study, Caltrans is required to contact all interested State departments to certify that there is no longer a need for this property. If the study determines that the land is excess, then an appraisal is ordered by Caltrans to determine the market value of the subject property. Parcels considered of notable environmental value will be sold to local agencies prior to being offered to the public. All the costs associated with the decertification and subsequent sale are the responsibility of the requestor, which in this case is the City. An initial decertification deposit of $25,000 is required to start the process. Subsequent work related to this process will be funded by this deposit. The City will be notified if additional funds are required. This deposit is not part of the purchase price and does not guarantee sale of the property. BUDGET IMPACT: The initial deposit required to start the decertification process is $25,000. Staff proposes to use Economic Development funds for this purpose. Prepared by: Ruben M. Lopez, Economic Development Administrator Approved and Presented by: Jim Vanderpool, City Manager ATTACHMENTS: 1) Caltrans Letter 2) Map of subject property City Council Meeting of 5/24/2016 5PM Page 92

93 STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT MICHELSON DRIVE, SUITE 100 IRVINE, CA PHONE (949) FAX (949) TTY EDMUND G. BROWN Item 07Jr., Governor Serious drought. Help save water! April 25, ORA-5-Mission St. Mr. Jim Vanderpool City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA Dear Mr. Vanderpool: Thank you for your interest in the State of California Department of Transportation's Resources (lands). In response to your inquiry regarding property located in the vicinity of Interstate 5 and Mission St. in the city of Buena Park, below is an outline of the requirements and procedures for having Caltrans operating right of way reviewed to be declared as excess land and made ready for public sale. INFORMATION REGARDING THE SALE OF CALTRANS PROPERTY: In order to dispose of real property rights in the Caltrans right of way, a decertification process must be undertaken. This process entails conducting a Feasibility Study to determine if the property rights are not presently, nor in the future, necessary for a Caltrans project or any other public project. All interested State departments, and in some cases the Federal Highway Administration, must be contacted and subsequently agree to the decertification of the parcel. [In order for Caltrans to acquire property and/or property rights for transportation related purposes, Caltrans must certify the need for the property, hence the word decertify is used to allow the disposal of the property.] If the Feasibility Study determines the land might now be excess to Caltrans needs, a Caltrans appraisal is obtained to determine the market value of the subject property or property rights. Parcels considered of notable environmental value per Streets and Highways Code Section and that qualify for park or recreational use will be offered to local agencies before the parcels are offered to the general public. If the parcel has access to a public street, whether capable or incapable of independent development, it will be offered via competitive bid to the general public. If it does not have access to a public street (landlocked), it will be offered to the adjoining owner(s). The sale is subject to the approval of the California Transportation Commission. Please be advised that the entire procedure may last anywhere from six (6) months to several years. Provide a safe, sustainable, integrated and efficient transportation system to enhance California s economy and livability City Council Meeting of 5/24/2016 5PM Page 93

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96 Item 08 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council RESOLUTION ESTABLISHING THE BUENA PARK TOURISM MARKETING DISTRICT (BPTMD) RECOMMENDED ACTION: 1) Adopt a Resolution establishing the Buena Park Tourism Marketing District (BPTMD). PURPOSE: To adopt a resolution establishing the BPTMD to assist with marketing efforts for Buena Park lodging businesses. DISCUSSION: The Buena Park Tourism Marketing District (BPTMD) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for Buena Park lodging businesses. This approach has been successfully used in other destination areas throughout the state to improve tourism and drive additional room night sales. The proposed BPTMD includes all lodging businesses located within the boundaries of the City of Buena Park. Below is a summary of action items that have been made up to this point by the City Council. March 22, 2016 March 23, 2016 April 12, 2016 May 10, 2016 Adoption of Resolution No declaring the Council s intention to establish the BPTMD and fixing the time and place of a public meeting and a public hearing thereon and giving notice thereof. The City Clerk mailed notices to businesses proposed to be assessed by the BPTMD of the time and place of a public meeting and public hearing on the proposed BPTMD. The Council held a public meeting to provide interested parties an opportunity to comment on the proposed BPTMD. Public Hearing held to receive any written protests and declare the results of a majority protest, if any. No written or oral protests received. Council requested to continue resolution to the meeting of May 24 th for final consideration. BUDGET IMPACT: This resolution will create the BPTMD and significantly increase revenues for the promotion of tourism in Buena Park. It will not impact the City s budget. However, staff believes these marketing efforts will increase the Transient Occupancy Tax (TOT) and sales tax as more tourists are encouraged to visit Buena Park. The City will incur some expense in administering the assessment funds. However, the Management District Plan provides that the City will keep one percent (1%) of revenue collected to offset administration expenses. Prepared by: Approved by: Presented by: Sara Copping, Director of Visit Buena Park Jim Vanderpool, City Manager Sara Copping, Director of Visit Buena Park ATTACHMENTS: 1) Resolution 2) BPTMD Management District Plan City Council Meeting of 5/24/2016 5PM Page 96

97 Item 08 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE BUENA PARK TOURISM MARKETING DISTRICT (BPTMD) WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways Code et. seq.) (the Law ) authorizes the City to establish business improvement districts; and WHEREAS, the owners of lodging businesses have requested the Buena Park City Council to initiate proceedings pursuant to the Law to establish the BPTMD pursuant to a written petition signed by the owners of lodging businesses within the proposed BPTMD which will pay more than 50% of the assessments proposed to be levied; and WHEREAS, included with the petitions was a summary of the Management District Plan (the Plan ) that describes the proposed assessment to be levied on lodging businesses within the BPTMD to pay for sales promotion and marketing activities, and other improvements and activities set forth in the Plan; and WHEREAS, the assessed lodging businesses within the BPTMD will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on March 22, 2016, at 5:00 PM at 6650 Beach Boulevard, First Floor, Buena Park, CA 90622, the City Council adopted a Resolution of Intention, Resolution No that, among other things, approved the Plan on file in the office of the City Clerk; and WHEREAS, the City caused notice of a public meeting and public hearing concerning the proposed establishment of the BPTMD and the proposed levy of assessments within the BPTMD to be duly mailed, in accordance with of the Law; and WHEREAS, on April 12, 2016, at 5:00 PM at 6650 Beach Boulevard, First Floor, Buena Park, CA 90622, the City Council held a public meeting regarding the establishment of the BPTMD, and the City Council heard and received objections and protests, if any, to the establishment of the BPTMD and the levy of the proposed assessment; and WHEREAS, on May 10, 2016, at 6:00 PM at 6650 Beach Boulevard, First Floor, Buena Park, CA 90622, the City Council held a public hearing regarding the establishment of the BPTMD. The City Council received no objections or protests to the establishment of the BPTMD and the levy of the proposed assessment; and WHEREAS, the City Clerk has determined that a majority protest does not exist as defined by of the Law. City Council Meeting of 5/24/2016 5PM Page 97

98 RESOLUTION NO. Page 2 Item 08 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: Section 1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct. Section 2. The Buena Park Tourism Marketing District is hereby established and the assessment is levied for a five (5) year term, beginning June 1, 2016, through May 31, The annual assessment described in Section 3 is hereby levied for a term of five fiscal years, commencing with the fiscal year beginning June 1, 2016, and ending on May 31, Section 3. The City hereby levies an annual assessment on all lodging businesses within the BPTMD boundaries at a rate of two percent (2%) of gross short-term room rental revenue for the five (5) year BPTMD term. Assessments will not be collected on revenue resulting from: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays that any nonprofit organization which, as the result of a disaster, provides at its own expense hotel or motel shelter to any victim of a disaster; stays pursuant to contracts executed prior to June 1, Section 4. The revenue from the assessments levied for the BPTMD shall be applied towards sales, promotions, and marketing programs to market Buena Park lodging businesses as tourist, meeting and event destinations, and other improvements and activities as set forth in the Plan. Such improvements and activities to be conferred on businesses in the BPTMD will be funded by the levy of assessments. The revenue from the assessments shall not be used: to provide activities that directly benefit businesses outside the district; to provide activities or improvements outside the BPTMD; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Plan. Section 5. The City Council finds as follows: a) The activities funded by the assessment will provide a specific benefit to assessed businesses within the BPTMD that is not provided to those not paying the assessment. b) The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payer that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. c) The assessment is a charge imposed for a specific government service or product provided directly to the payer that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. d) Assessments imposed pursuant to the BPTMD are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the BPTMD Assessment. City Council Meeting of 5/24/2016 5PM Page 98

99 RESOLUTION NO. Page 3 Item 08 Section 6. Assessments levied on lodging businesses pursuant to this Resolution shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on room rentals is the best measure of benefit. Section 7. The adoption of this Resolution constitutes the levy of an assessment in each of the fiscal years referred to herein and in the Plan. Section 8. The assessments for the entire District will total approximately $915,000 in year one. Section 9. Bonds shall not be issued to fund the BPTMD. Section 10. The BPTMD shall include all lodging business located within the boundaries of the City of Buena Park. A boundary map is attached hereto and incorporated herein by reference. Section 11. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the BPTMD assessment is levied as long as they are used consistent with the requirements set forth herein. Section 12. The assessments to fund the activities and improvements for the BPTMD will be collected by the City on a monthly basis, and in accordance with Streets and Highways Code Section 13. The City Council, through adoption of this Resolution and the Plan, has the right pursuant to Streets and Highways Code 36651, to identify the body that shall implement the proposed program, which shall be the Owners Association of the BPTMD as defined in Streets and Highways Code The City Council has determined that the Buena Park Hotel Marketing Association shall be the Owners Association. Section 14. The Buena Park Hotel Marketing Association, pursuant to Streets and Highways Code 36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the district. Section 15. The BPTMD established pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code et. seq.). Section 16. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the establishment of the BPTMD and to levy the assessments. Section 17. Council. This Resolution shall take effect immediately upon its adoption by the City City Council Meeting of 5/24/2016 5PM Page 99

100 RESOLUTION NO. Page 4 Item 08 PASSED AND ADOPTED this 24 th day of May 2016, by the following called vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS Mayor ATTEST: City Clerk I, Shalice Tilton, City Clerk of the City of Buena Park, California, hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 24 th day of May City Clerk City Council Meeting of 5/24/2016 5PM Page 100

101 Item 09 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council RESOLUTION TO ADOPT AN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF BUENA PARK AND THE BUENA PARK CITY EMPLOYEES ASSOCIATION (BPCEA) RECOMMENDED ACTION: 1) Adopt a resolution approving an amended and restated Memorandum of Understanding (MOU) between the City of Buena Park and the Buena Park City Employees Association; and 2) Approve a fiscal year budget amendment in the amount of $352,500 for provisions of the MOU. PURPOSE: To approve an amended and restated labor contract with the Buena Park City Employees Association. DISCUSSION: The City s labor contract with the Buena Park City Employees Association (BPCEA) expires July 7, The City and Association agreed to reopen the current contract mid-term. In accordance with the Meyers-Milias-Brown Act, the City and Association representatives met-and-conferred on matters of concern and discussed extending the employment agreement. In an effort to continue positive labor relations and recognizing the value of having employment contracts extended for one additional year with the Association, the City and Association agreed upon a 3% cost of living adjustment effective July 1, Likewise, the City and Association agreed upon a one-time, lump sum bonus effective in 2016, so as not to burden the City by additional compounded salary increases and increases to future pension liabilities. As a result of the positive negotiations, an agreement has been reached on an amended Memorandum of Understanding (MOU). This document is presented to the City Council for review and approval as the final step in the labor negotiation process. It reflects the same language as presented to the City Council in properly noticed closed sessions on labor negotiations as allowed under the Brown Act. Listed below is a summary of significant changes to the amended and restated MOU. 1. TERM One-year Contract Extension: July 4, 2015 June 29, BASE PAY SCHEDULE 3% Cost of Living (COLA) increase effective July 1, RATIFICATION BONUS A one-time, single Ratification Bonus payment in the amount of $7,500 shall be paid within thirty days after ratification of this Amended and Restated MOU to all City Council Meeting of 5/24/2016 5PM Page 101

102 Item 09 Page 2 AGENDA REPORT TO CITY COUNCIL Meeting Date: May 24, 2016 Subject: RESOLUTION TO ADOPT AN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BUENA PARK AND THE BUENA PARK CITY EMPLOYEES ASSOCIATION (BPCEA) employees in the classifications in the Association on payroll as of the effective date of this contract. Ratification Bonus payments will be subject to all applicable federal and state tax withholdings. Ratification Bonus payments will not be considered compensation reportable to CalPERS or included in the calculation of regular rate for overtime, benefits, or for any other purpose. 4. 4/10 ALTERNATIVE WORK SCHEDULE Effective July 4, 2015, the City shall implement and evaluate a 4/10 Alternative Work Schedule for a trial period through June 29, 2018, for employees assigned to the City Yard operations. Department Heads with affected employees will determine the work schedule of operations based on the needs of the City. At the conclusion of the evaluation period, Staff will review the effectiveness and efficiency in providing service to the community while working an alternative work schedule. BUDGET IMPACT: The proposed amended and restated MOU will require a General Fund allocation of approximately $352,500 for the remainder of fiscal year to account for the one-time bonus. There is no change to the fiscal year budget as this agreement was already included. However, the budget impact for adoption of the extended Memorandum of Understanding (MOU) is approximately $115,000 for fiscal year Prepared by: Approved by: Presented by: Eddie Fenton, Director of Human Resources and Risk Management Jim Vanderpool, City Manager Eddie Fenton, Director of Human Resources and Risk Management ATTACHMENTS: 1) Resolution 2) Memorandum of Understanding City Council Meeting of 5/24/2016 5PM Page 102

103 Item 09 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, APPROVING AN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING FOR THE BUENA PARK CITY EMPLOYEES ASSOCIATION EFFECTIVE JULY 4, 2015, AND SUPERSEDING RESOLUTION NO WHEREAS, the City Council approved a Memorandum of Understanding (MOU) for the Buena Park City Employees Association (Association) per Resolution No effective July 4, 2015; and WHEREAS, the City Council has designated the Director of Human Resources as the City of Buena Park s lead negotiator to meet and confer in good faith with the representatives of the Association; and WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.) the Director of Human Resources has met and consulted in good faith with the representatives of the Association on matters relating to wages, hours, and other terms and conditions of employment; and WHEREAS, said representatives of the City and the Association have reached tentative agreement and have jointly prepared a written MOU which is attached to this resolution and incorporated herein; and WHEREAS, such agreement is within the parameters established by the City Council for an agreement with the Association; and WHEREAS, the City Council finds that the terms and conditions of this agreement are proper and in the best interest of the City. NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine and order as follows: Section 1: City are repealed. Resolution No is superseded. All conflicting Resolutions of the Section 2: The MOU for the Association is hereby amended and restated with the following changes: PAY ARTICLE 7 BASE PAY SCHEDULE D. All classifications in Exhibit C Pay Schedule shall receive a 3% increase to each step within the pay schedule effective July 1, E. Ratification Bonus. A one-time, single Ratification Bonus payment in the amount of $7,500 shall be paid within thirty days after ratification of this MOU to all employees in the classifications in Exhibit C on payroll City Council Meeting of 5/24/2016 5PM Page 103

104 Item 09 RESOLUTION NO. Page 2 as of the effective date of this contract. Ratification Bonus payments will be subject to all applicable federal and state tax withholdings. Ratification Bonus payments will not be considered compensation reportable to CalPERS or included in the calculation of regular rate for overtime, benefits, or for any other purpose. PAY ARTICLE 11 OVERTIME PAY G. CALL-BACK PAY. Call-back duty occurs when an employee is ordered to return to duty on a non-regularly scheduled work shift. Call-back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two hours work commencing when he/she leaves his/her residence and will terminate at the end of the two hour minimum, or if the call-back lasts longer than two hours the time he/she returns to his/her residence. Any call-back lasting two hours or less shall result in a credit for two hours worked. When added to the eight hour day or 40 hour work week, an employee shall end up with a net result of three hours pay (or three hours comp time at time and one-half). Any call-back lasting more than two hours shall result in a credit for actual hours worked. When this credit is added to the eight hour day or 40 hour work week, the net result will be time and onehalf the actual hours worked on the call-back. Similar calculations as outlined above will be used when an employee is entitled to a four hour call-out because the call-back occurs on Sunday, a holiday, or between 12:01 a.m. and 5:00 a.m. When a call-back occurs on a holiday recognized in Article 27, and lasts for more than four hours, the employee is entitled to an eight hour call-out for all hours worked over the four hour minimum. The above provision shall not result in a double payment for call-outs lasting less than two hours (or when applicable, four hours). For instance, if an employee works one hour on a call-out, he/she shall be credited with two hours, resulting in three hours of pay or comp time after application of time and one-half. He/she shall not be entitled to the one hour at time and one-half plus the two hour minimum. An employee who receives multiple calls within the allotted two hour minimum (or when applicable, four hour minimum) is not entitled to double-payment for call-backs even if the employee has returned to his/her residence. For example, if an employee receives a call-back that is completed and returns to his/her residence and then receives a second call-back will result in a continuation of service commencing from the original call-back start time regardless if the call was similar or different than the original call-back. City Council Meeting of 5/24/2016 5PM Page 104

105 Item 09 RESOLUTION NO. Page 3 INSURANCE ARTICLE 21 MEDICAL INSURANCE D. WAIVER OF MEDICAL INSURANCE. 1. An employee may elect to not be covered by a City group medical insurance plan if he/she provides proof of coverage from another group medical insurance source. The City may require proof of coverage at any time. 2. The City will contribute the employer rate equal to the Employee Only total monthly amount to the flexible spending account of employees who elect not to be covered by the City's health insurance. An eligible employee may elect to have the City s monthly contribution applied to his/her deferred compensation account, the purchase of products offered through the Cafeteria Plan, and/or receive a cash payout. The City contributions shall be: For coverage effective July 1, 2015: $ per month LEAVES - SECTION 27 OTHER LEAVES C. MILITARY LEAVE. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting military leave shall present a copy of military orders to the department head prior to the beginning of the leave. Employees who present military orders for active duty status shall continue to receive all forms of compensation he/she would be receiving as if at work for the first 30 days of such absence in any one fiscal year (except weekend drills and/or training). Weekend drills and/or training are not considered active duty under the Military and Veterans Code and not eligible for salary continuation benefits. If an employee is called to inactive duty and must report to such duty on days the employee is scheduled to work, the employee must request the time off and use their leave banks for such absence if necessary. WORKING CONDITIONS ARTICLE 38 4/10 PLAN ALTERNATE WORK SCHEDULE Effective July 4, 2015, the City shall implement and evaluate a 4/10 Alternative Work Schedule for a trial period through June 29, P. The decision to implement any alternative work schedule, including the 9/80 Plan and the 4/10 Plan, is at the sole discretion of the City. The alternative City Council Meeting of 5/24/2016 5PM Page 105

106 Item 09 RESOLUTION NO. Page 4 work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Association and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet-and-confer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action. EXHIBITS EXHIBIT C PAY SCHEDULE Effective July 1, 2017, is added to the Amended and Restated Memorandum of Understanding. Section 3: The Amended and Restated Memorandum of Understanding for the Buena Park Employees Association effective July 4, 2015, attached hereto is approved. PASSED AND ADOPTED this 24 th day of May 2016, by the following called vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: Mayor City Clerk I, Shalice Tilton, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 24 th day of May City Clerk City Council Meeting of 5/24/2016 5PM Page 106

107 Item 09 July 4, June 29, 2018 BUENA PARK CITY EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING ADOPTED JUNE 9, 2015 RESOLUTION NO AMENDED AND RESTATED MAY 24, 2016 RESOLUTION NO. City Council Meeting of 5/24/2016 5PM Page 107

108 Item 09 MEMORANDUM OF UNDERSTANDING BUENA PARK CITY EMPLOYEES ASSOCIATION EMPLOYER EMPLOYEE RELATIONS PREAMBLE 1 ARTICLE 1 TERM 1 ARTICLE 2 REPRESENTATION AND RECOGNITION 1 ARTICLE 3 MANAGEMENT RIGHTS 1 ARTICLE 4 BOARD OF DIRECTORS MEETINGS 3 ARTICLE 5 ADDITIONAL ITEMS 3 PAY ARTICLE 6 ASSIGNMENT OF CLASSES TO PAY RANGES 4 ARTICLE 7 BASE PAY SCHEDULE 4 ARTICLE 8 BILINGUAL PAY 4 ARTICLE 9 CERTIFICATE PAY 4 ARTICLE 10 COMMERCIAL VEHICLE OPERATOR LICENSE 5 ARTICLE 11 OVERTIME PAY 6 ARTICLE 12 STANDBY PAY 9 ARTICLE 13 EDUCATION PROGRAM 10 ARTICLE 14 SAFETY SHOES 11 ARTICLE 15 UNIFORM ALLOWANCE 11 ARTICLE 16 TOOL REIMBURSEMENT 11 ARTICLE 17 MILEAGE 12 RETIREMENT ARTICLE 18 PUBLIC EMPLOYEES RETIREMENT SYSTEM 13 ARTICLE 19 SOCIAL SECURITY 14 INSURANCE ARTICLE 20 MEDICARE 15 ARTICLE 21 MEDICAL INSURANCE 15 ARTICLE 22 DENTAL INSURANCE 18 ARTICLE 23 LONG TERM DISABILITY INSURANCE 19 ARTICLE 24 LIFE INSURANCE 19 ARTICLE 25 CAFETERIA PLAN 19 ARTICLE 26 ADMINISTRATION 20 LEAVES ARTICLE 27 HOLIDAYS 21 ARTICLE 28 VACATION 22 City Council Meeting of 5/24/2016 5PM Page 108

109 Item 09 ARTICLE 29 SICK LEAVE 23 ARTICLE 30 BEREAVEMENT LEAVE 26 ARTICLE 31 WORKERS COMPENSATION 26 ARTICLE 32 JURY DUTY 27 ARTICLE 33 OTHER LEAVES 27 WORKING CONDITIONS ARTICLE 34 PAY PERIODS 29 ARTICLE 35 ATTENDANCE 29 ARTICLE 36 HOURS OF WORK AND SCHEDULES 29 ARTICLE 37 9/80 PLAN ALTERNATE WORK SCHEDULE 30 ARTICLE 38 4/10 PLAN ALTERNATE WORK SCHEDULE 33 ARTICLE 39 AGENCY SHOP 37 ARTICLE 40 SUBSTANCE ABUSE 39 ARTICLE 41 EMERGENCY MEDICAL ATTENTION 40 ARTICLE 42 GRIEVANCE PROCEDURE 40 ARTICLE 43 ADVISORY ARBITRATION 41 ARTICLE 44 PERFORMANCE EVALUATION 41 SIGNATURES 42 EXHIBITS EXHIBIT A PAY SCHEDULE EFFECTIVE JULY 4, EXHIBIT B PAY SCHEDULE EFFECTIVE JULY 2, EXHIBIT C PAY SCHEDULE EFFECTIVE JULY 1, EXHIBIT D COMPENSATION PLAN 46 EXHIBIT E HIRING OF EMPLOYEE RELATIVES 51 EXHIBIT F HARASSMENT IN EMPLOYMENT POLICY 53 EXHIBIT G ADVISORY ARBITRATION 56 City Council Meeting of 5/24/2016 5PM Page 109

110 B.P.C.E.A. M.O.U. Page 1 Item 09 MEMORANDUM OF UNDERSTANDING Between THE CITY OF BUENA PARK and BUENA PARK CITY EMPLOYEES ASSOCIATION EMPLOYER EMPLOYEE RELATIONS PREAMBLE Pursuant to Government Code, Section 3500, et seq. representatives of the Buena Park City Employees Association (hereinafter referred to as Association) have met and conferred with representatives of the City of Buena Park (hereinafter referred to as the City), and have reached an understanding and recommend that the Buena Park City Council adopt this Memorandum of Understanding (MOU). ARTICLE 1 TERM The term of this Memorandum of Understanding shall be July 4, 2015, through midnight on June 29, 2018, unless otherwise specified in provisions hereinafter. Terms and conditions of employment already in effect on July 3, 2015, shall be considered minimums for the purpose of this agreement except as amended or repealed by specific provisions hereinafter. ARTICLE 2 REPRESENTATION AND RECOGNITION The Association is the only employee organization entitled to meet-and-confer in good faith on matters within the scope of representation on behalf of employees in the field maintenance unit, which shall consist solely of the classifications listed in Exhibit A. ARTICLE 3 MANAGEMENT RIGHTS A. In order to ensure that it is able to carry out its functions and responsibilities imposed by law, the City has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services. Therefore, the following matters will not be subject to the meet-and-confer process, but shall be within the exclusive discretion of the City: 1. To determine issues of public policy; 2. To determine the merits, necessity or organization of any service or activity conducted by the City; City Council Meeting of 5/24/2016 5PM Page 110

111 B.P.C.E.A. M.O.U. Page 2 Item To determine and change the facilities, methods, means and personnel by which City operations are to be conducted; 4. To expand or diminish services; 5. To determine and change the number of locations, relocations, and types of operations, and the processes and materials to be employed in carrying out all City functions, including, but not limited to, the right to subcontract any work or operation; 6. To determine the size and composition of the work force, to assign work to employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments, and to establish the days and hours when employees shall work; 7. To relieve employees from duty because of lack of work or other non-disciplinary reasons; 8. To discharge, suspend, or otherwise discipline employees for proper cause; 9. To determine job classifications; 10. To hire, transfer, promote, and demote employees for non-disciplinary reasons; 11. To determine policies, procedures and standards for selection, training and promotion of employees; 12. To establish employee performance standards, including but not limited to, quality and quantity standards; 13. To maintain the efficiency of governmental operations; 14. To take any and all necessary actions to carry out its mission in emergencies; 15. To exercise complete control and discretion over its organization and the technology of performing its work services; 16. To establish reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services. The City, in exercising these rights and functions, will not discriminate against any employee because of membership or non-membership in any employee organization. City Council Meeting of 5/24/2016 5PM Page 111

112 B.P.C.E.A. M.O.U. Page 3 Item 09 B. All management rights, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City. No third party neutral shall have the authority to diminish any of the management rights which are included in this Article. C. Management will meet-and-confer prior to the implementation of any management rights which are normally considered matters concerning wages, hours, and other terms and conditions of employment under the provisions of the Meyers-Milias- Brown Act. ARTICLE 4 BOARD OF DIRECTORS MEETINGS Each member of the Association Board of Directors shall receive up to one-and-one-half hours time off per month for Board meetings. The City will allow the Association time to hold its General membership meetings twice in a calendar year. On duty personnel attending such meetings shall be on an on-call status and shall respond to calls for service. At no time shall coverage be compromised. No overtime or compensatory time will be paid for the meeting. Prior to scheduling and holding a general membership meeting, the Association shall make notification in writing to the Department Head or his/her designee within seven calendar days of such meeting to be held. ARTICLE 5 ADDITIONAL ITEMS During the term of this Memorandum of Understanding, no additional items will be placed under discussion for purposes of meet-and-confer unless agreed upon by both parties. The parties shall cooperate to improve the format, clarity, and consistency of the Memorandum of Understanding. City Council Meeting of 5/24/2016 5PM Page 112

113 B.P.C.E.A. M.O.U. Page 4 Item 09 PAY ARTICLE 6 ASSIGNMENT OF CLASSES TO PAY RANGES Each classification is assigned to a pay range as shown in Exhibit A. ARTICLE 7 BASE PAY SCHEDULE A. The schedule of base pay rates is contained in Exhibit A. B. All classifications in Exhibit A Pay Schedule shall receive a 2% increase to each step within the pay schedule effective July 4, C. All classifications in Exhibit B Pay Schedule shall receive a 2% increase to each step within the pay schedule effective July 2, D. All classifications in Exhibit C Pay Schedule shall receive a 3% increase to each step within the pay schedule effective July 1, E. Ratification Bonus. A one-time, single Ratification Bonus payment in the amount of $7,500 shall be paid within thirty days after ratification of this MOU to all employees in the classifications in Exhibit C on payroll as of the effective date of this contract. Ratification Bonus payments will be subject to all applicable federal and state tax withholdings. Ratification Bonus payments will not be considered compensation reportable to CalPERS or included in the calculation of regular rate for overtime, benefits, or for any other purpose. ARTICLE 8 BILINGUAL PAY An employee shall receive an additional $35.00 per month if the following conditions are met: A. The employee passes a qualifying examination administered by Human Resources. B. The employee uses bilingual skills as required by the City. ARTICLE 9 CERTIFICATE PAY A. Incumbents of the following classifications who possess a California State Health Department Water Distribution Operator Certification shall receive an additional $50.00 per month. Sewer Services Technician Water Services Technician City Council Meeting of 5/24/2016 5PM Page 113

114 B.P.C.E.A. M.O.U. Page 5 Item 09 Sr. Sewer Services Technician Sr. Water Services Technician Lead Sewer Services Technician Lead Water Services Technician No employee may receive more than one Certificate Pay benefit at a time. The City will complete a classification and compensation study on these positions. Upon completion of the classification and compensation study, the Certificate pay shall be converted to base pay. B. Incumbents of the following classifications who achieve National Institute for Automotive Service Excellence (ASE) Master Technician status in the Automobile Series or Master Technician status in the Medium-Heavy Truck Series shall receive an additional $35.00 per month. Fleet Mechanic Lead Fleet Mechanic Each employee must recertify in each test area every five years in accordance to the ASE requirements. Employees who let one of the required certifications expire will lose their Master Technician status and the monthly certificate pay. Employees may regain certification by taking the Recertification Test(s), even after they let a certification expire. No employee may receive more than one Certificate Pay benefit at a time. ARTICLE 10 COMMERCIAL VEHICLE OPERATOR LICENSE A. An employee who has a State of California Commercial Vehicle Operator License shall receive an additional $50.00 per month and is subject to the provisions of the City s Drug and Alcohol Policy, which includes, but is not limited to, Post-Accident Testing, Random Testing, Reasonable Suspicion Testing, and Return-to- Duty/Follow-Up Testing. B. Employees in the following job classifications shall maintain a valid California commercial driver license (Class A or B): Senior Maintenance Worker Lead Maintenance Worker Fleet Mechanic Lead Fleet Mechanic City Council Meeting of 5/24/2016 5PM Page 114

115 B.P.C.E.A. M.O.U. Page 6 Item 09 Sewer Services Technician Senior Sewer Services Technician Lead Sewer Services Technician Senior Water Services Technician Lead Water Services Technician Bus Driver/Scheduler C. Employees hired prior to September 13, 2006, who cannot be medically qualified (as determined by a City-designated physician) to hold a commercial driver license, will be grandfathered with respect to the commercial driver license requirement. Such employees will not drive commercial vehicles and will not receive this additional pay. D. The cost of training, and paid time for training, for employees hired prior to September 13, 2006, shall be borne by the City. Employees hired on or after that date will not be paid for training time and will bear the cost of their own training. However, at the sole discretion of management, the City may provide informal training to those employees interested in obtaining a commercial license. E. Employees hired prior to September 13, 2006, who fail the initial skills test, will have six months from the initial failure to pass the skills test. Additional training and/or testing after the initial failure shall be on the employee s own time and at his/her own expense. If an employee is unable to pass the skills test within the six-month grace period, he/she shall be demoted to the next highest classification which does not require a commercial driver license. An employee who is demoted will be Y-Rated. The cost of maintaining a commercial driver license shall be borne by the City. ARTICLE 11 OVERTIME PAY A. OVERTIME PAY. An employee required to work in excess of 40 hours in a sevenday cycle shall receive pay at the rate of time and one-half his/her regular rate of pay. The regular rate of pay shall include the following components in addition to base pay. Shift Differential Educational Incentive Bilingual Pay Special Assignment Pay In determining an employee's eligibility for the overtime regular rate, paid and unpaid leaves of absences shall be excluded from the total hours worked. Paid leaves of absence include, but are not limited to, the following: City Council Meeting of 5/24/2016 5PM Page 115

116 B.P.C.E.A. M.O.U. Page 7 Item 09 Vacation Holiday Leave Sick Leave Administrative Leave Compensatory Leave Workers Compensation Leave Jury Duty Bereavement Leave Military Leave For overtime not otherwise paid at the regular rate, it shall be paid at time and one-half of the hourly equivalent of the employee's bi-weekly base pay rate for all hours worked in excess of the employee's daily work schedule, or for all hours earned in excess of 40 hours per week. The term earned shall include hours for vacation, holiday, sick leave and jury duty. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. B. COMPENSATORY TIME. 1. Fair Labor Standards Act (FLSA). In lieu of receiving overtime pay pursuant to Paragraph A above, an employee may elect to receive compensatory time off on a time and one-half basis. The employee shall be allowed to bank compensatory time at a time and one-half basis. No employee shall accrue more than 60 hours of such compensatory time. (This 60 hour maximum bank is in conjunction with Section B below.) Should any employee exceed 60 hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. 2. Non-Fair Labor Standards Act (Non-FLSA). Overtime hours not otherwise subject to the FLSA regular rate of pay (after taking paid leave time exclusions into account) may be taken as compensatory time off. Such hours shall be earned, banked, and taken off at the straight time rate. No employee shall accrue more than 60 hours of such compensatory time. (This 60 hour maximum bank is in conjunction with Section 2 above.) Should any employee exceed 60 hours of accrued compensatory time, he/she shall be paid at time and one-half his/her base rate. C. AUTHORIZATION. City Council Meeting of 5/24/2016 5PM Page 116

117 B.P.C.E.A. M.O.U. Page 8 Item All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. 2. An employee's failure to obtain prior approval may result in the denial of the overtime request. 3. The City may prescribe reasonable periods of overtime work to meet its operational needs. D. CLOTHES CHANGING. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work. Nothing herein prevents an employee from wearing his/her uniform while conducting personal business during lunch time. Time spent in changing clothes before or after a shift, is not considered worked and is not compensable in any manner whatsoever. E. TRAINING TIME. Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section , et seq. Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section , et seq. When feasible, the City will adjust the employee's work schedule to minimize the impact of travel and training time. F. CITY VEHICLE USE. An employee who is provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. This provision also applies in those situations where the radio must be left on and monitored. G. CALL-BACK PAY. Call-back duty occurs when an employee is ordered to return to duty on a non-regularly scheduled work shift. Call-back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum City Council Meeting of 5/24/2016 5PM Page 117

118 B.P.C.E.A. M.O.U. Page 9 Item 09 of two hours work commencing when he/she leaves his/her residence and will terminate at the end of the two hour minimum, or if the call-back lasts longer than two hours the time he/she returns to his/her residence. Any call-back lasting two hours or less shall result in a credit for two hours worked. When added to the eight hour day or 40 hour work week, an employee shall end up with a net result of three hours pay (or three hours comp time at time and one-half). Any call-back lasting more than two hours shall result in a credit for actual hours worked. When this credit is added to the eight hour day or 40 hour work week, the net result will be time and one-half the actual hours worked on the call-back. Similar calculations as outlined above will be used when an employee is entitled to a four hour call-out because the call-back occurs on Sunday, a holiday, or between 12:01 a.m. and 5:00 a.m. When a call-back occurs on a holiday recognized in Article 27, and lasts for more than four hours, the employee is entitled to an eight hour call-out for all hours worked over the four hour minimum. The above provision shall not result in a double payment for call-outs lasting less than two hours (or when applicable, four hours). For instance, if an employee works one hour on a call-out, he/she shall be credited with two hours, resulting in three hours of pay or comp time after application of time and one-half. He/she shall not be entitled to the one hour at time and one-half plus the two hour minimum. An employee who receives multiple calls within the allotted two hour minimum (or when applicable, four hour minimum) is not entitled to double-payment for call-backs even if the employee has returned to his/her residence. For example, if an employee receives a call-back that is completed and returns to his/her residence and then receives a second call-back will result in a continuation of service commencing from the original call-back start time regardless if the call was similar or different than the original call-back. ARTICLE 12 STANDBY PAY Standby pay, in the amount up to $ for a seven day cycle, pro-rated at $50.00 per daily cycle, shall be paid to any employee who is the after-hours active duty person, or is placed in a Standby Position by the City. In the event of an actual call-back, the employee will be entitled to receive standby pay and pay according to the call-back pay provision in Article 11 of this MOU. The City shall have discretion as to the implementation and maintenance of the standby pay program. City Council Meeting of 5/24/2016 5PM Page 118

119 B.P.C.E.A. M.O.U. Page 10 Item 09 A. REIMBURSEMENT. ARTICLE 13 EDUCATION PROGRAM An employee who is pre-approved by the department head to attend a specified, offduty education course shall receive reimbursement for certain expenses. An approved education course is defined as off-duty instruction that will be mutually and immediately beneficial to the employee and the City. 1. Prior to enrolling in the class, an employee desiring reimbursement for expenses shall acquire the department head s approval as to course content and its relationship to the employee s City employment. On completion of the course, with a grade of C or better, the employee shall submit a Request for Educational Reimbursement form to the department head along with a copy of the official transcripts and receipts for the total cost of the course. On approval by Human Resources and Finance, the employee shall then be reimbursed a maximum of $2,000 per fiscal year for tuition, transportation costs where appropriate, registration fees and related expenses necessary for completion of the course. 2. Reimbursement will only be given for coursework taken within the current fiscal year (July 1 June 30). The difference between the City s maximum obligation during any fiscal year and the total amount of actual reimbursement received by the employee during that fiscal year shall not be carried over or be available for use by the employee in any subsequent year. 3. A copy of the official transcript shall be forwarded to the Human Resources Office for retention in the employee s education file. B. EDUCATIONAL INCENTIVE ALLOWANCE. An employee with a job-related (as determined by the City) degree or certificate from an accredited educational institution shall receive an additional allowance as follows: Associate of Arts Degree $30.00 per month Bachelor of Arts Degree $60.00 per month Master s or Ph.D. Degree $90.00 per month Special Certificates: 10 or more semester units $15.00 per month 20 or more semester units $30.00 per month City Council Meeting of 5/24/2016 5PM Page 119

120 B.P.C.E.A. M.O.U. Page 11 Item 09 No employee may receive more than one Educational Incentive benefit at one time. ARTICLE 14 SAFETY SHOES A. Each employee shall receive up to $ per fiscal year, through a direct purchase from a City selected vendor, for safety shoes which comply with current California Office of Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended. B. Each employee shall wear such safety shoes while performing his/her usual and customary duties, in compliance with Cal/OSHA standards, Title 8, section Any employee failing to adhere to this requirement shall be subject to disciplinary action, up to and including termination. The City Manager and/or his designee shall have discretion as to the need and necessity of the safety shoe purchase. ARTICLE 15 UNIFORM ALLOWANCE A. The City shall provide a work uniform to each employee and shall provide a Citypaid cleaning service for such uniforms. B. The City agrees to continue to provide uniform cleaning service for those bargaining unit members who currently receive it. C. The monetary value for such purchase, rental, and maintenance of the required clothing which is a ready substitute for personal attire (uniform) shall be reported to the California Public Employees Retirement System (CalPERS) as compensation as required by law. The annual retirement contribution shall be based on the stated amounts listed in Article 19 Public Employees Retirement System. Any additional tax liabilities are borne solely by the employee. ARTICLE 16 TOOL REIMBURSEMENT A. An employee in the classification of Fleet Mechanic and Lead Fleet Mechanic shall be eligible for reimbursement up to a maximum of $ per fiscal year for the purchase of tools required in the performance of his/her job. To be eligible for reimbursement, the tool purchase must be approved in advance by the Director of Public Works or his/her designee. The City retains the sole discretion to determine the necessity to purchase particular tools. If the employee remains employed for six months after the actual date of the tool purchase, the employee will own such tools outright. If the employee does not remain employed for six months after the actual date of the tool purchase, the City will retain ownership of such tools upon the employee's separation. City Council Meeting of 5/24/2016 5PM Page 120

121 B.P.C.E.A. M.O.U. Page 12 Item 09 B. In the event a probationary employee in the above-referenced classifications purchases tools, the time period for outright ownership of the tools is extended to 18 months from the date of hire. After that period, Paragraph A above shall apply. ARTICLE 17 MILEAGE An employee required to use a personal vehicle for City business shall be reimbursed at the rate allowed by the Internal Revenue Service. City Council Meeting of 5/24/2016 5PM Page 121

122 B.P.C.E.A. M.O.U. Page 13 Item 09 RETIREMENT ARTICLE 18 PUBLIC EMPLOYEES RETIREMENT SYSTEM A. RETIREMENT PLAN. The City shall maintain its contract for a pension plan with the California Public Employees Retirement System (CalPERS), as originally adopted on March 1, 1964, and amended thereafter. B. CONTRACT OPTIONS. The City s contract with CalPERS shall include the following options: Government Code Section 1. One Year Highest Compensation Military Service Credit as Public Service % at 55 Full Formula Fourth Level of 1959 Survivor Benefit Pre-Retirement Optional Settlement 2 Death Benefit C. SECOND TIER CONTRACT OPTIONS. The City s contract with CalPERS for employees hired on or after December 22, 2012, shall include the following options: Government Code Section 1. Three Highest Years Compensation Military Service Credit as Public Service % at 60 Full Formula Fourth Level of 1959 Survivor Benefit Pre-Retirement Optional Settlement 2 Death Benefit D. THIRD TIER CONTRACT OPTIONS. The City s contract with CalPERS for employees hired on or after January 1, 2013, shall include the following options: Government Code Section 1. Three Highest Years Compensation Military Service Credit as Public Service City Council Meeting of 5/24/2016 5PM Page 122

123 B.P.C.E.A. M.O.U. Page 14 Item % at 62 Full Formula Fourth Level of 1959 Survivor Benefit Pre-Retirement Optional Settlement 2 Death Benefit E. CONTRIBUTIONS. 1. Employees hired before December 22, 2012, the full eight percent (8%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis. 2. Employees hired on or after December 22, 2012, the full seven percent (7%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis. 3. Employees hired on or after January 1, 2013, shall pay 50% of the normal cost rate for the benefit formula 2% at Age 62 via payroll deduction on a pre-tax basis (Government Code Section ) Survivor Benefit. Each employee will pay the employee share required by CalPERS (currently $2.00 per month) and the City will pay the employer costs. ARTICLE 19 SOCIAL SECURITY In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law shall be the responsibility of the employee, and shall be paid in full by the employee and the City shall not be obligated to pay or pick-up any portion thereof. City Council Meeting of 5/24/2016 5PM Page 123

124 B.P.C.E.A. M.O.U. Page 15 Item 09 INSURANCE ARTICLE 20 MEDICARE Employees hired by the City on or after April 1, 1986, shall pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or pick-up any such contributions. ARTICLE 21 MEDICAL INSURANCE A. The City shall provide group medical insurance under the California Public Employees' Medical and Hospital Care Act (PEMHCA). B. City Contribution. The City shall contribute the following monthly amounts for group medical insurance. Any additional contribution necessary to maintain group medical insurance shall be borne solely by the employee. 1. Persons Hired On or Before June 30, 1999 Employees For coverage effective July 1, 2015 Employee Only $ Employee & One Dependent $1, Employee & 2 + Dependents $1, Retirees Retiree Only $ Retiree & One Dependent $ Retiree & 2 + Dependents $ Persons Hired On or After July 1, 1999 Employees For coverage effective July 1, 2015 Employee Only $ Employee & One Dependent $1, Employee & 2 + Dependents $1, City Council Meeting of 5/24/2016 5PM Page 124

125 B.P.C.E.A. M.O.U. Page 16 Item 09 Retirees The City s contribution for retirees who were hired on or after July 1, 1999, is determined by the California Public Employees Retirement System (CalPERS) in accordance with Section of the Public Employees Medical and Hospital Care Act (PEMHCA). The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index. For coverage effective January 1, 2015: $122.00/month per retiree For coverage effective January 1, 2016: $125.00/month per retiree For coverage effective January 1, 2017: $128.00/month per retiree For coverage effective January 1, 2018: To be determined by CalPERS C. EXCESS MEDICAL. An employee who selects a health insurance plan which costs less than the City s maximum monthly contribution may have the difference placed in his/her deferred compensation account, purchase products available through the City s Cafeteria Plan, or receive a cash payout. For example, an employee with no dependents is entitled to a maximum monthly contribution of $ per month. If he/she has a health insurance plan which costs $ per month, the employee is entitled to $ per month in excess medical. D. WAIVER OF MEDICAL INSURANCE. 1. An employee may elect to not be covered by a City group medical insurance plan if he/she provides proof of coverage from another group medical insurance source. The City may require proof of coverage at any time. 2. An eligible employee may elect to have the City s monthly contribution applied to his/her deferred compensation account, the purchase of products offered through the Cafeteria Plan, and/or receive a cash payout. The City contributions shall be: For coverage effective July 1, 2015: $ per month E. SERVICE RETIREMENT ACCOUNT (SRA). In addition to the Contribution pursuant to the CalPERS Contract, employees hired on or after July 1, 1999, will be allowed to bank accrued sick leave time for use upon Retirement from Service, into a Service Retirement Account to defer out-of-pocket expenses for purchasing group medical insurance under the City s program. The City will participate in the SRA by matching the employee contribution on a two-for-one basis. City Council Meeting of 5/24/2016 5PM Page 125

126 B.P.C.E.A. M.O.U. Page 17 Item SRAs are not subject to fellow employee donations of sick leave or any other leave provisions. However, the SRA will be coordinated with the City s Sick Leave Buyback program. 2. To be eligible, an employee must have a sick leave balance of at least 480 hours, and must maintain at least 480 hours of sick leave after making such deposit. 3. An eligible employee may place up to one-half of any unused portion of his/her annual sick leave accrual into the SRA, with the City matching contribution of two-to-one. This provision will be coordinated with the Sick Leave buyback provision, thereby limiting buyback and SRA deposits to one-half of any unused portion of their annual sick leave accrual. 4. The SRA is not subject to bearing interest. Eligible employee deposits and the City s matching contributions are flat deposits. 5. Sick leave placed in the SRA will be converted into cash at the employee s base pay rate and thus will no longer be available as sick leave once deposited in the SRA. 6. The donor employee shall have two options for withdrawal of funds from the SRA. a. At the option of the employee, upon retirement from service, the SRA will be paid at the then-hourly rate for the depositor. This shall include the employee contribution as well as the City s matching portion, which will be used to offset/defer costs associated with purchasing group medical insurance plans during retirement. b. The employee may, at any time, withdraw hours from the SRA to convert to cash, and will be paid at the base pay rate in effect when the original deposit was made. An employee making an early withdrawal from the SRA shall not be entitled to any of the City s matching contribution, and shall lose that equal portion of the matching contribution as was withdrawn, i.e., two-to-one. 7. In the event that a participating employee separates from employment on other than a Retirement from Service (Service Retirement or Disability Retirement), the City shall payoff only the employee s portion of the contributions made to the SRA, at the base pay rate for each deposit, and shall not be entitled to any of the City s matching contribution. 8. In the event the SRA survives an active employee, or a retired employee, the City will pay off the balance of the employee s contribution to the survivor of record. Payment will be at the then-current base pay rate for the active City Council Meeting of 5/24/2016 5PM Page 126

127 B.P.C.E.A. M.O.U. Page 18 Item 09 employee and/or at the base pay rate of withdrawal for retired employee, including the City s matching contribution. 9. The City reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Determinations shall be made in a manner that no employee shall lose his/her portion of the SRA and the City will not lose its portion of the matching contribution. Any determinations made in hearing a dispute to grant the City s portion of the matching contribution will be made on a case-by-case basis, and will not be determined to be a past practice or official policy of the City. Any person employed by the City prior to July 1, 1999 who is not currently a member of this unit of representation shall enjoy all benefits and rights of those employees hired prior to July 1, 1999, upon later occupying a position within this unit of representation. 10. Effective July 21, 2012, employees not currently enrolled in the SRA program are not eligible to enroll in this program. This program is closed to new enrollees. ARTICLE 22 DENTAL INSURANCE The City shall continue to provide the current dental program for employees and their eligible dependents under the age of 26. Each employee is responsible for choosing one of the three plans listed below. In the event that no choice is made, the employee will be deemed to have chosen no dental insurance coverage. Employees may switch plans only during the open enrollment period designated by the City. Payment of Premiums. Employees shall pay the amounts shown. Any additional amount necessary to maintain group dental insurance shall be paid by the City. A. 50/50 PLAN. The insurance carrier pays 50% of major expenses (up to a maximum of $1,500 per calendar year) and the employee pays 50%. Monthly Employee Only $3.00 Employee & 1 Dependent $5.00 Employee & 2 + Dependents $7.50 City Council Meeting of 5/24/2016 5PM Page 127

128 B.P.C.E.A. M.O.U. Page 19 Item 09 B. 80/20 PLAN. The insurance carrier pays 80% of major expenses (up to a maximum of $1,500 per calendar year) and the employee pays 20%. Monthly Employee Only $10.00 Employee & 1 Dependent $15.00 Employee & 2 + Dependents $20.00 C. HMO PLAN. The insurance carrier pays a portion of all services based on the fee schedule. Employees who enroll in this plan do not pay any monthly premium. Each employee is responsible for any co-payment associated with this plan. ARTICLE 23 LONG TERM DISABILITY INSURANCE A. The City shall pay the entire premium for a City-owned long-term disability insurance policy affording coverage to each active employee. B. The policy shall have a benefit waiting period of 60 calendar days of continuous disability. Anytime after the expiration of the benefit waiting period, the employee may apply for this insurance and may use accrued leave pursuant to the City s policy thereon. C. The maximum benefit for total disability shall be 66 2/3 of the eligible employee s basic monthly earnings as defined in the policy document, or $2,500 per month, whichever is less. ARTICLE 24 LIFE INSURANCE A. The City shall provide group term life insurance (including accidental death and dismemberment) for each employee in the amount of $25,000. Each employee, at his/her own expense, may purchase additional life insurance from the insurer through the City. B. The City shall provide group term life insurance, (including accidental death and dismemberment,) in the amount of $1,500 for each employee s: 1. legal spouse or registered domestic partner and/or 2. children under the age of 19. ARTICLE 25 CAFETERIA PLAN A. The City shall provide a full flexible Cafeteria Plan under IRS Code Section 125, to include Premium Only Conversion, Health Care Spending and Dependent Care Accounts. City Council Meeting of 5/24/2016 5PM Page 128

129 B.P.C.E.A. M.O.U. Page 20 Item 09 B. The City and individual participants shall divide the cost of the third-party administration service fee. Service fees are to be paid only by employees enrolled in the Health Care Spending Account and/or Dependent Care Spending Account. There is no service fee for participants in the Premium Only Conversion plan. The service fee may be amended from time to time by the City and the third-party administrator. The City will consult with employees prior to increasing any deduction from employees for any plan year. C. The City will utilize any assets remaining in the plan at the end of each plan year to off-set service fees for employees enrolled in either the Health Care Spending Account and/or Dependent Care Spending Account. Plan year is as defined in the plan documents. This item is governed by the Cafeteria Plan documents as it relates to Plan Year. Asset utilization to off-set service fees shall be determined no later than June 30 of any subsequent year. ARTICLE 26 ADMINISTRATION A. 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 this MOU, provided that the benefits of the employees shall be substantially the same as those in existence prior to implementation of this MOU. B. If, during the term of this MOU, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall meet with the Association prior to any change of insurance carrier or method of funding the coverage. C. All group insurance benefits shall be provided and calculated in accordance with the City s contracts with insurance providers. City Council Meeting of 5/24/2016 5PM Page 129

130 B.P.C.E.A. M.O.U. Page 21 Item 09 LEAVES ARTICLE 27 HOLIDAYS A. The following dates, and such other days or portion of days as may be designated by motion of the City Council, shall be observed as paid holidays. Holiday Date New Year s Day January 1 Washington s Birthday 3 rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1 st Monday in September Veteran s Day November 11 Thanksgiving Day 4 th Thursday in November Day after Thanksgiving Friday following 4 th Thursday in November Day before Christmas December 24 Christmas Day December 25 B. In addition to the above, one floating holiday per fiscal year may be earned. This floating holiday shall be designated by the employee and requires management approval, in advance, before it is taken. New hires must be employed for three months before becoming eligible for the floating holiday. C. When a holiday occurs on a Saturday the preceding Friday will be observed instead. When a holiday occurs on a Sunday, the following Monday will be observed. When a holiday occurs on an off-friday, the preceding Thursday shall be observed. D. An employee with a probationary or regular appointment that is less than full-time, but is half-time or more, shall earn holiday leave in correlation to the employee s regular scheduled hours during the pay period in which the holiday occurs. Such employees shall receive four and one-half hours of pay for the floating holiday. E. Holiday Closure. The City shall close the City Hall, City Yard, and Community Center facilities to the public during the holiday period between Christmas Eve and New Year's Day. During the closure, employees will have the option to use accrued Vacation, Compensatory Time, or Floating Holiday, or leave without pay, or work on those days. Employees without sufficient accrued leave time to cover the holiday closure may borrow from future vacation accrual. The City maintains the right to determine the essential services which still operate during this closure period. City Council Meeting of 5/24/2016 5PM Page 130

131 B.P.C.E.A. M.O.U. Page 22 Item 09 ARTICLE 28 VACATION A. ACCRUAL. Vacation leave with pay shall accrue to each employee at the following rates: Years of Service Less than 5 years Vacation Hours Accrued 80 hrs. vacation per year (6 2/3 hrs. per month) 5 years to 10 years 120 hrs. vacation per year (10 hrs. per month) 10 years or more 160 hrs. vacation per year (13-1/3 hrs. per month) An employee having a probationary or regular appointment that is less than full-time, but is half-time or more, shall accrue vacation on a prorated basis, based on the employee s regular (i.e., not overtime) paid hours in each pay period. B. ACCUMULATION. Accumulation of vacation leave in excess of that earned in two years is prohibited. All vacation leave exceeding the authorized accumulation shall be forfeited. C. USAGE. Vacation leave taken shall not be in excess of that actually earned at the time the vacation starts. 1. Each employee must take at least 40 hours of vacation each fiscal year. 2. The time during the calendar year at which an employee shall take vacation shall be determined with particular regard for the needs of the service and due regard for the wishes of the employee. 3. In the event one or more municipal holidays falls within a vacation leave, such days shall not be charged as vacation leave, and the vacation leave shall be extended accordingly for employees eligible for such holidays. 4. Any leave of absence without pay shall not accrue vacation leave for each 30 day period of such leave. 5. No employee shall be entitled to any vacation until completion of 12 months of continuous service. 6. All usage of vacation and compensation time should be requested and approved by the employee's department head or designee at least two days prior to the start of vacation time. City Council Meeting of 5/24/2016 5PM Page 131

132 B.P.C.E.A. M.O.U. Page 23 Item 09 D. ANNUAL CONVERSION. 1. Once each fiscal year, an employee may elect to convert up to 40 hours of vacation leave into a cash payment at the employee's then-current rate of base pay. To be eligible for this option, the employee must utilize 40 hours of vacation leave in the preceding fiscal year. 2. Notwithstanding the above paragraph, an employee may convert up to a maximum of 80 hours of annual vacation leave into a cash payment as long as the employee has 240 hours, or more, of annual vacation leave on the books after the conversion. E. VACATION PAY AT SEPARATION. Upon separation, an employee will receive compensation at the current rate of base pay for all unused earned vacation, up to and including the date of separation. 1. An employee who separates while serving a probation period in a classification to which the employee has been promoted shall receive separation vacation pay based on the hourly equivalent of the base pay received immediately prior to promotion, provided the employee has successfully completed a probation period in the classification from which the employee was promoted. 2. An employee who has not completed 12 months of continuous service shall not receive separation vacation pay for regular vacation. F. CONTINUOUS SERVICE. For the purpose of computing years of service, an employee s continuous service shall be based on the effective date on which the employee received initial probationary appointment in the City service. A. ACCRUAL. ARTICLE 29 SICK LEAVE 1. Each full-time employee shall accrue sick leave with pay at the rate of eight hours for each full calendar month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. 2. Part-Time Appointees. An employee having an appointment that is less than fulltime, but is half-time or more, shall accrue sick leave with pay at the rate of four hours for each full calendar month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. 3. Any leave of absence without pay exceeding 15 consecutive days shall result in no accrual of sick leave during the consecutive days of the employee s leave of absence without pay that is in excess of 15 consecutive days. City Council Meeting of 5/24/2016 5PM Page 132

133 B.P.C.E.A. M.O.U. Page 24 Item 09 B. ACCUMULATION. Sick leave may be accumulated without limit. C. USAGE. 1. Eligibility for Use of Sick Leave. Sick leave may be taken only when the employee has sick leave credits. An employee shall be eligible to take sick leave after he/she has worked one full calendar month. 2. Sick leave may be granted only with the approval of the department head and only in case of a bona fide illness or medical/dental appointments of the employee. The department head may require a physician s certificate or other evidence of the adequacy of the reason for the employee s absence during the period for which sick leave was requested. 3. Sick leave may also be used for a bona fide illness or medical/dental appointments of a family member (spouse, child, brother, sister, mother, father, mother-in-law, father-in-law, grandmother, grandfather) when the presence of the employee is required up to a maximum of three days per individual situation. The department head may require a physician s certificate or other evidence of the adequacy of the reason for the employee s absence during any period for which sick leave was requested. 4. Maternity leave. The employee shall submit a doctor s statement approving her fitness to continue working for a specified term. A post-natal release from the doctor must be submitted prior to returning to work. 5. Sick leave shall not be used in lieu of, or added to, vacation. Accrued vacation leave may be used for sickness when all sick leave has been taken. 6. Sick leave during vacation. An employee who becomes ill while on vacation may have such period of illness charged to accumulated sick leave instead of to vacation, provided that immediately upon return to duty, the employee submits to the department head a written request for sick leave and a written statement signed by the employee s physician describing the nature and dates of the illness. 7. Limitations. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for all of the following reasons: a. Disability or illness arising from compensated employment other than with the City of Buena Park. b. Leave of absence without pay. City Council Meeting of 5/24/2016 5PM Page 133

134 B.P.C.E.A. M.O.U. Page 25 Item 09 c. Absence because of intoxication or for the purpose of recovering from intoxication. D. MEDICAL LEAVE OF ABSENCE. Upon written request of the employee and recommendation of the department head, the City Manager may authorize in writing a leave of absence without pay for the purpose of recovering from an illness, provided: 1. The employee has used all accumulated sick leave. 2. The employee has been continuously employed in the City service for at least one year. 3. The employee presents to the 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. 4. Prior to resuming duties, the employee may be required to take a medical examination at the employee s expense and as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager or designee in determining the employee s fitness to return to work. 5. The maximum period of such leave shall be three calendar months. If the employee desires an extension, the employee shall follow the procedure described in subparagraph 3 above. E. PENALTY FOR ABUSE. When, in the judgment of the department head, the employee s reason for being absent because of alleged sickness is inadequate, the department head shall indicate on the payroll form that the absence was without pay. The department head may recommend to the City Manager that appropriate disciplinary action be imposed against the employee. F. ANNUAL BUYBACK PROGRAM. 1. To be eligible, an employee must have: a. 480 hours of accumulated sick leave as of the first pay period of July of the preceding year, and b. 480 hours of accumulated sick leave remaining after the cash out. 2. An employee who wishes to participate must file a written request with his/her department head within 30 days of the end of a fiscal year on June 30. This request will apply for the previous fiscal year sick leave accumulation. City Council Meeting of 5/24/2016 5PM Page 134

135 B.P.C.E.A. M.O.U. Page 26 Item Participants will be paid for 50% of the hours accrued during the fiscal year. These hours being paid will be deducted from the employee s sick leave bank. The remaining hours accrued, but not used, will remain in the employee s sick leave bank. Payment will be based at the employee s base hourly rate in effect at the time of payment. G. SICK LEAVE PAY ON SEPARATION. Except as herein provided, no payment shall be granted to an employee for accrued sick leave at the time of separation. Termination of an employee s continuous service, except by reason of layoff for lack of work or funds, shall abrogate all sick leave accrued at the time of such separation, regardless of whether the employee subsequently reenters the City service. Employees appointed on or after September 20, 1982, shall not be eligible for sick leave pay on termination as provided for in this section. Employees hired on or prior to September 19, 1982 shall be paid for 50% of the value of his/her unused sick leave based on the employee s rate of base pay at the time of honorable separation or retirement. Employees may only accrue 120 days (960 hours) of sick leave for the purposes of this section and for the purposes of compensation on separation. ARTICLE 30 BEREAVEMENT LEAVE Whenever an employee who is eligible to receive sick leave is compelled to be absent from duty by reason of the death (or critical illness where death appears imminent) of a family member, the employee shall, upon approval of the department head, be entitled to charge such absence to the employee's accumulated sick leave to a maximum of five working days for each such incident. Use of such leave shall not count against the sick leave buy back or deposits made to the SRA. Family member is defined as the employee s or spouse s: Father Mother Grandfather Grandmother Sibling(s) Child Spouse Grandchildren ARTICLE 31 WORKERS COMPENSATION A. An employee who is absent from duty because of an on-the-job injury sustained during City employment shall receive his/her normal pay during the first 27 calendar weeks of such accident, provided the employee returns to the City any compensation paid under the provisions of the California Workers Compensation Law for the corresponding period of time. City Council Meeting of 5/24/2016 5PM Page 135

136 B.P.C.E.A. M.O.U. Page 27 Item 09 During this maximum 27-week period, an employee so entitled shall continue to receive all forms of compensation he/she would be receiving as if at work. The employee shall also be eligible for consideration for merit pay increases during this period. B. After this maximum 27-week period, an employee who has not returned to work shall not receive any other form of compensation from the City, including, but not limited to, accrual of vacation and sick leave, holiday pay, special assignment pay, education pay or payment of group insurance premiums. An employee may not use accumulated sick leave or vacation to supplement temporary disability indemnity payments. ARTICLE 32 JURY DUTY No deduction shall be made in the pay of an employee who serves on jury duty if the employee has waived or remitted the jury fee for such jury duty. An employee who serves on jury duty on a scheduled day off shall not be required to remit his/her jury fees for that day. If the employee has not so waived or remitted the jury fee, the employee shall be paid only for the time actually worked in the City position. An employee summoned to jury duty shall immediately notify his/her supervisor in writing. The employee shall remit to the City all fees and allowances payable for jury duty, less reimbursements from the court for meals, travel, or lodging. ARTICLE 33 OTHER LEAVES A. LEAVE WITHOUT PAY. Upon written recommendation of the department head, the City Manager may authorize a leave of absence without pay for a period not to exceed 30 calendar days in a calendar year. B. Authorized leaves of absence without pay of 30 calendar days or less, and leaves of absence with pay for any period shall not constitute an interruption of an employee s continuous service and shall not be deducted in computing total City service. Authorized leaves of absence without pay in excess of 30 calendar days, unless covered by the Family Medical Leave Act, shall be deducted in computing an employee s total City service for advancement in salary range and for other purposes specified in this MOU, but shall not serve to interrupt continuous service. C. MILITARY LEAVE. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting military leave shall present a copy of military orders to the department head prior to the beginning of the leave. Employees who present military orders for active duty status shall continue to receive all forms of compensation he/she would be receiving as if at work for the first 30 days of such absence in any one fiscal year (except weekend drills and/or City Council Meeting of 5/24/2016 5PM Page 136

137 B.P.C.E.A. M.O.U. Page 28 Item 09 training). Weekend drills and/or training are not considered active duty under the Military and Veterans Code and not eligible for salary continuation benefits. If an employee is called to inactive duty and must report to such duty on days the employee is scheduled to work, the employee must request the time off and use their leave banks for such absence if necessary. City Council Meeting of 5/24/2016 5PM Page 137

138 B.P.C.E.A. M.O.U. Page 29 Item 09 WORKING CONDITIONS ARTICLE 34 PAY PERIODS A. The City shall utilize the biweekly payroll system. Pay periods shall begin at 12:01 a.m. every other Saturday and end at midnight the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception is when that Friday is a federal holiday, the payday shall fall on the preceding business day. B. Direct Deposit. The City shall electronically deposit employees' paychecks into a savings or checking account designated by the employee. All employees shall participate in the City's direct deposit payroll program. Each employee shall be responsible for providing the Human Resources Department with the correct routing number and account number of his or her banking institution. ARTICLE 35 ATTENDANCE A. Each employee shall be in attendance at his/her work station in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported to Payroll on a designated form and on the dates specified. Absence without leave, whether voluntary or involuntary, for a period longer than five consecutive assigned working days is an automatic resignation from City service. B. Any employee who is absent from duty shall report the reason for such absence to the department head or immediate supervisor prior to the normal work shift. Absences not reported in such manner may be considered absence without leave. A deduction of pay shall be made for the duration of any absence without leave. Upon return to work, such absence must be justified. ARTICLE 36 HOURS OF WORK AND SCHEDULES Unless otherwise prescribed in writing by the City Manager, the work week, work shift, and work schedule for each position shall be as follows: A. WORK WEEK. The work week for all full-time positions shall be 40 hours. B. WORK SHIFT. The work shift for all full-time positions scheduled on the 9/80 Work Plan shall be nine hours a day for eight days, and eight hours for one day for a total of 80 hours in a two-week period. C. WORK SCHEDULE. The work schedule for each position shall be as established by the department head. All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year City Council Meeting of 5/24/2016 5PM Page 138

139 B.P.C.E.A. M.O.U. Page 30 Item 09 except Saturdays, Sundays, and holidays continuously on week days in accordance with the Alternative Work Schedule. D. ALTERNATIVE WORK SCHEDULES. The decision to implement any alternative work schedule, including the 9/80 Plan and the 4/10 Plan, is at the sole discretion of the City. The alternative work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Association and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet-and-confer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action. Except in cases of emergency, the City shall provide two weeks notice to an employee of any changes in his/her work schedule. ARTICLE 37 9/80 PLAN ALTERNATE WORK SCHEDULE A. Federal legislation in Air Quality Management District (AQMD) Rule 15 requires employers, including cities, to use alternative methods to reduce vehicular pollution emissions. The 9/80 work schedule will reduce the average number of vehicle trips to the work site between 6:00 a.m. and 10:00 a.m., and comply with the Federal requirements. It also satisfies Council s direction to provide extended service hours to the public and employees. B. PLAN DEFINED. The work period will be forty hours per week. It will consist of nine days instead of ten in a two-week pay period. Employees will work eight days for nine hours a day and one day for eight hours for a total of 80 hours in the pay period. The basic work day will increase from 8 eight to 9 nine hours a day. The standard for accounting is 80 hours in a pay period. During a pay period, the employee shall have one occasion of two consecutive days off and one occasion of three consecutive days off. The 9/80 Plan allows employees to be off an additional day during the pay period. Days off will be consecutive and scheduled at the discretion of the department heads. Days off include every other Friday. Once days off are determined, they are fixed unless otherwise approved. C. WORK PERIOD FOR NON-EXEMPT EMPLOYEES. The work period for all employees who are not exempt from FLSA requirements on the 9/80 will continue to be 40 hours and a pay period will still consist of two work periods. However, the first work period will end and the second work period will begin in the middle of the fifth work day shift in the pay period. Depending upon the employee's schedule, four or five hours will belong to the first work period and the remaining four or five hours of that day will belong to the second work period. Work periods can break on different days of the week depending upon which days the employee works. The work period City Council Meeting of 5/24/2016 5PM Page 139

140 B.P.C.E.A. M.O.U. Page 31 Item 09 break in a pay period can be as early as the middle of the first Wednesday or as late as the middle of the second Monday of the pay period. The pay period will still coincide with the current payroll reporting period. D. PAYROLL PERIOD REPORT DATES ALL EMPLOYEES. Payroll will still be reported in accordance with our payroll calendar for all employees, including those on the 9/80 Plan. E. WORK HOURS. For employees who normally work daytime hours Monday through Friday, the following work schedules are available to serve the needs of the City. 6:00 a.m. 3:30 p.m. (30 minute lunch) 6:30 a.m. 4:00 p.m. (30 minute lunch) 7:00 a.m. 4:30 p.m. (30 minute lunch) 7:30 a.m. 5:00 p.m. (30 minute lunch) 8:00 a.m. 5:30 p.m. (30 minute lunch) The day of the week the employee has off during one work period will be an eighthour work day the next work period and vice versa. For example, if the employee is off the first Friday of a pay period, he/she will work eight hours on the second Friday of that pay period. All other days worked in that pay period will be nine-hour shifts. The department head or his/her designee may adjust the designated start/stop schedules as seasonal and/or weather conditions indicate. The following depicts the four different work schedule patterns within a pay period: Days Worked Within Pay Period Group A 9 hrs 9 hrs 9 hrs 9 hrs 8 hrs 9 hrs 9 hrs 9 hrs 9 hrs Off B 9 hrs 9 hrs 9 hrs 9 hrs Off 9 hrs 9 hrs 9 hrs 9 hrs 8 hrs C 8 hrs 9 hrs 9 hrs 9 hrs 9 hrs Off 9 hrs 9 hrs 9 hrs 9 hrs D Off 9 hrs 9 hrs 9 hrs 9 hrs 8 hrs 9 hrs 9 hrs 9 hrs 9 hrs F. PAYROLL REPORTING. 1. If an employee uses sick time, vacation time, holiday time or compensation time earned during the pay period and this time had not been reported on the payroll report submitted Monday morning, the time taken must be submitted to the Finance Department in writing. 2. If an employee is in an Absence Without Pay (AWOP) Status at any time during the pay period, and this had not been indicated on the payroll report submitted on Monday morning, the supervisor or payroll clerk shall call Finance immediately to make a payroll correction. City Council Meeting of 5/24/2016 5PM Page 140

141 B.P.C.E.A. M.O.U. Page 32 Item All employees should make every effort to notify their supervisor on Thursday, if they will be using sick leave or AWOP time on Friday. 4. When an employee separates from employment, the employee will be paid for all hours worked. 5. When an employee changes to a different work schedule, it must coincide with the start of a pay period. G. LEAVE TIME ACCRUALS. Benefit leave time accruals will remain the same as designated in this Memorandum of Understanding. Depending on the work day, benefit leave time off under the 9/80 Plan will be at the rate of either eight or nine hours. H. HOLIDAYS. 1. If a holiday falls on the Friday the City is closed, the holiday will be observed on the preceding workday. 2. If a holiday falls on the employee's day off, an eight-hour day off must be taken within the same pay period as the holiday. An employee's alternate day off for the holiday must be approved by the department head. 3. If a holiday (including floating holidays) falls on the employee s nine-hour workday, an employee will be credited with nine hours. If a holiday falls on an employee s eight-hour workday, an employee will be credited with eight hours. 4. On pay periods containing holidays where employees' regularly scheduled hours need to be altered, for those employees who are subject to FLSA requirements, additional work schedule adjustments may be required for the day that breaks their two 40 hour work periods within the pay period to ensure the 40 hour work periods are maintained. 5. Holidays occurring on an employee s regular eight-hour work day are not affected by the above schedule. I. PAID SICK TIME/VACATION. 1. Employees using paid sick leave on an eight-hour day will be charged eight hours. 2. Employees using paid sick leave on a nine-hour day will be charged nine hours. 3. If the scheduled hours are greater than the sick leave balance, the difference will be covered by: City Council Meeting of 5/24/2016 5PM Page 141

142 B.P.C.E.A. M.O.U. Page 33 Item 09 a. Use vacation or compensatory time. b. Absence without pay. 4. Vacation is charged in the same manner. Vacations occurring on eight-hour days will be charged eight hours, and those falling on nine-hour days will be charged nine hours. J. WORKERS COMPENSATION. Employees will be paid for industrial accident leave hours in accordance with their current 9/80 work schedule. An employee will return on the same 9/80 work schedule. K. MILITARY LEAVE, JURY AND PAID EXTENDED SICK LEAVE. Employees ordered to military duty, summoned to jury duty, or on paid extended sick leave will be paid according to their current work schedule. After the completion of the military leave, jury duty, or paid extended sick leave, the employee will return to his/her regular 9/80 work schedule. An employee shall not receive overtime (pay or comp time) when such leave falls on his/her day off. L. 9/80 PLAN REVIEW. A decrease in productivity will represent a negative impact to the alternative work plans. Productivity may be measured by various criteria, which may include, but are not limited to: Sick leave usage Employee turnover Inadequate staffing Tardiness Measurable work output Employee morale Moreover, other impacts include: service delivery to the public, citizen input through compliments, commendations, or complaints, energy savings, and related costs or funding to the City. ARTICLE 38 4/10 PLAN ALTERNATE WORK SCHEDULE Effective July 4, 2015, the City shall implement and evaluate a 4/10 Alternative Work Schedule for a trial period through the end of the contract. A. The intent is to determine the effectiveness and efficiency of the City Employees Association work force in providing service to the community while working an alternative work schedule that includes a 4/10 component. B. During this evaluation period, there will be no additional costs (direct or indirect) to the City as a result of a modified work schedule, specifically related to overtime City Council Meeting of 5/24/2016 5PM Page 142

143 B.P.C.E.A. M.O.U. Page 34 Item 09 except for call-backs for service and emergency calls and time-off accruals such as sick leave, vacation, holidays, etc. All such accruals will remain unchanged. C. At the conclusion of this evaluation period, a review will be conducted by the City to determine the effectiveness of this alternative work schedule. A decrease in productivity will represent a negative impact to this alternative work schedule. Productivity may be measured by various criteria which may include but are not limited to: Sick leave usage Employee turnover Inadequate staffing Tardiness Measurable work output Employee morale Employee accidents Other impacts include service delivery to the public, including citizen input through compliments, commendations, or complaints, energy savings, and related costs or funding to the City. D. PLAN DEFINED. Under this work schedule, employees work four consecutive, 10 hour days in a seven day workweek. The 4/10 schedule provides for a 40 hour workweek every seven days and three consecutive days off. 4/10 scheduling will be at the discretion of the department head. E. WORK PERIOD. The work period for employees on the 4/10 who are exempt or non-exempt from FLSA requirements will remain the same Saturday through Friday. There are two 40 hour work periods per pay period. This schedule coincides with the current payroll reporting period. F. PAYROLL PERIOD REPORT DATES ALL EMPLOYEES. Payroll will still be reported in accordance with our payroll calendar for all employees, including those on the 4/10 Plan. G. PAYROLL REPORTING. 1. If an employee uses sick time, vacation time, holiday time or compensation time earned during the pay period and this time had not been reported on the payroll report submitted Monday morning, the time taken must be submitted to the Finance Department in writing. 2. If an employee is in an Absence Without Pay (AWOP) Status at any time during the pay period, and this had not been indicated on the payroll report submitted on Monday morning, the supervisor or payroll clerk shall call Finance immediately to make a payroll correction. City Council Meeting of 5/24/2016 5PM Page 143

144 B.P.C.E.A. M.O.U. Page 35 Item 09 H. WORK HOURS. The department head or his/her designee may adjust the designated start/stop schedules as seasonal and/or weather conditions indicate. I. Enrolling in or Dropping off the 4/10 Plan 1. Prior to enrollment in the 4/10 plan, each employee is required to read the 4/10 plan guidelines and sign a statement that he/she has read all the conditions of the plan. A copy will be placed into the employee s personnel file in the Human Resources office. To expedite future shift changes that affect many employees work plans and/or changes many employees day off, a memo listing each employee s new work schedule and days off should be signed by each employee affected and submitted to Finance (payroll) and to Human Resources where a copy of the memo will be filed in each affected person s employee file. These changes must coincide with the beginning of a new pay period. 2. When an employee separates from employment, the employee will be paid for all hours worked. 3. When an employee changes to a different work schedule, it must coincide with the start of a pay period. J. LEAVE TIME ACCRUALS. Benefit leave time accruals will remain the same as designated in this Memorandum of Understanding. K. HOLIDAYS 1. If a holiday falls on the Friday the City is closed, the holiday will be observed on the preceding workday. 2. If a holiday falls on the employee's day off, a 10-hour day off must be taken within the same pay period as the holiday. An employee's alternate day off for the holiday must be approved by the department head. 3. On pay periods containing holidays where employees' regularly scheduled hours need to be altered, for those employees who are subject to FLSA requirements, additional work schedule adjustments may be required for the day that breaks their two 40 hour work periods within the pay period to ensure the 40 hour work periods are maintained. 4. Holidays occurring on an employee s regular 10-hour workday are not affected by the above schedule. City Council Meeting of 5/24/2016 5PM Page 144

145 B.P.C.E.A. M.O.U. Page 36 Item When a floating holiday is taken, employees taking the holiday on a 10-hour day will be charged 10 hours. L. PAID SICK TIME/VACATION 1. Employees using paid sick leave on a 10-hour day will be charged 10 hours. 2. If the scheduled hours are greater than the sick leave balance, the difference will be covered by: a. Use vacation or compensatory time. b. Other leaves c. Absence without pay. 3. Vacation is charged in the same manner. Vacations occurring on 10-hour days will be charged 10 hours. M. WORKERS COMPENSATION. Employees will be paid for industrial accident leave hours in accordance with their current 4/10 work schedule. An employee will return on the same 4/10 work schedule. N. MILITARY LEAVE, JURY AND PAID EXTENDED SICK LEAVE. Employees ordered to military duty, summoned to jury duty, or on paid extended sick leave will be paid according to their current work schedule. After the completion of the military leave, jury duty, or paid extended sick leave, the employee will return to his/her regular 4/10 work schedule. An employee shall not receive overtime (pay or comp time) when such leave falls on his/her day off. O. DEPARTMENT HEAD RESPONSIBILITY. Changes to an employee s 4/10 work schedule must be coordinated through the department head, Human Resources and Finance to ensure that changes to and from the 4/10 Plan coincide with the beginning of a pay period. P. The decision to implement any alternative work schedule, including the 9/80 Plan and the 4/10 Plan, is at the sole discretion of the City. The alternative work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Association and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet-andconfer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action. City Council Meeting of 5/24/2016 5PM Page 145

146 B.P.C.E.A. M.O.U. Page 37 Item 09 ARTICLE 39 AGENCY SHOP A. LEGISLATIVE AUTHORITY. All employees represented by the Association have the right to join or not join the Association. However, the enactment of a local Agency Shop requires that as a condition of continuing employment, employees must either join the Association or pay to the Association a service fee in lieu thereof. Such service fee shall be established by the Association, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Association. B. ASSOCIATION DUES/SERVICE FEES. 1. The Human Resources Office shall provide all current full-time and part-time benefited employees and any full-time and part-time benefited employees hired thereafter, with an authorization notice advising them that Agency Shop has been enacted pursuant to state law and an agreement exists with the Association, and that all employees subject to the Agreement must either join the Association, pay a service fee to the Association, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee s signature authorizing a payroll deduction of Association dues, a service fee or a charitable contribution equal to the service fee. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to the City s Human Resources Office. 2. If the form is not completed properly or returned within 14 calendar days, the City shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Association dues, service fee, or charitable contribution shall begin no later than the beginning of the first pay period commencing 14 calendar days after receipt of the authorization form by the employee. 3. The employee s earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee in a non-pay status only during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this situation, all other legal and required deductions (including health care and insurance deductions) have priority over Association dues and service fees. C. RELIGIOUS EXEMPTION. An employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, shall upon presentation of City Council Meeting of 5/24/2016 5PM Page 146

147 B.P.C.E.A. M.O.U. Page 38 Item 09 active membership in such religion, body, or sect, not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a non-religious, non-labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The employee may choose from a list of at least three of these funds, designated in a memorandum of understanding between the City and the Association, or if the memorandum of understanding fails to designate the funds, then to any such fund chosen by the employee. Proof of the payments shall be made on a monthly basis to the City as a condition of continued exemption from the requirement of financial support to the Association. Declarations of, or applications for religious exemption and any other supporting documentation shall be forwarded to the Association within 14 calendar days of receipt by the City. The Association shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of the employee s choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be made by regular payroll deductions only. D. RESCISSION. This agency shop provision in this MOU may be rescinded by a majority vote of all the employees covered by the MOU, provided that: 1. A request for such a vote is supported by a petition containing the signatures at least 30 percent of the employees in the unit; 2. The vote is by secret ballot; 3. The vote may be taken at any time during the term of MOU, but in no event shall there be more than one rescission vote taken during that term. Notwithstanding the above, the City and the Association may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. If a rescission vote is approved by unit members during the term of a current MOU, the Association agrees not to petition for or seek agency shop status for the duration of the current of the MOU. E. RECORDS. The Association shall keep an adequate itemized record of its financial transactions and shall make available annually to the City, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. City Council Meeting of 5/24/2016 5PM Page 147

148 B.P.C.E.A. M.O.U. Page 39 Item 09 F. INDEMNIFICATION. The Association shall indemnify, defend, and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City s compliance with the agency fee obligation including claims relating to the Association s use of monies collected under these provisions. The City reserves the right to select and direct legal counsel in the case of any challenge to the City s compliance with the agency fee obligation, and the Association agrees to pay any attorney, arbitrator or court fees related thereto. ARTICLE 40 SUBSTANCE ABUSE A. It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. The parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers. B. It is in the best interest of the City, the Association, employees, and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe work environment, poor morale, and increased potential liability to the City. Under the influence means the knowing use of any illegal substance, alcohol, or knowing misuse of a prescribed drug in a manner and to a degree that substantially impairs the employee's work performance or the ability to use City property or equipment safely. C. An employee, not on paid standby, who is called at home to return to work may decline to return if he/she feels physically unable to perform his/her job even if the employee perceives that the inability to perform is the result of having consumed alcoholic beverages. No reason need be given by the employee and the employee shall not be subjected to discipline for his/her refusal to return to work. D. The City provides an Employee Assistance program for employees who have problems with drugs and/or alcohol. Every effort shall be made by the City to refer employees who have such problems to this counseling service for assistance. E. The City may, upon showing of reasonable suspicion that this policy is being violated, compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on City time and at the City's expense. Reasonable suspicion is a belief based on objective and articulable facts sufficient to lead a reasonable and prudent supervisor to suspect that an employee is under the influence in that the employee s ability to perform the functions of the job is impaired or the employee s ability to perform his/her job safely is reduced. Allegations of harassment pursuant to this paragraph shall be reported to the Human Resources Department. The Human Resources Department shall conduct an investigation into the alleged harassment and take appropriate corrective action as a result of its investigation. Nothing contained herein shall limit the City's right to discipline or discharge any employee. City Council Meeting of 5/24/2016 5PM Page 148

149 B.P.C.E.A. M.O.U. Page 40 Item 09 ARTICLE 41 EMERGENCY MEDICAL ATTENTION In case of emergency, an employee may seek immediate medical attention without having to wait for a supervisor to accompany him/her. ARTICLE 42 GRIEVANCE PROCEDURE A. DEFINITION. A grievance shall be considered as any matter for which appeal is not provided for concerning a dispute about the interpretation or application of any ordinance, rule, or regulation governing personnel practices or working conditions. B. PURPOSE. 1. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. 2. To afford employees, individually or through qualified employee organizations, a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through discussions. 3. To provide that grievances shall be settled as near as possible to the point of origin. 4. To provide that grievances shall be heard and settled as informally as possible. C. PROCEDURE. Whenever an employee feels that the policy of the City is not being appropriately applied, to his/her circumstance, he or she can file a grievance to resolve the dispute. The limitation on filing a grievance must be within sixty (60) calendar days from the date the employee or the Association first became aware of, or should have become aware of, the issue(s) underlying the grievance. To file a grievance, he or she shall take the following action(s): 1. The dispute should be discussed fully with the employee's most immediate supervisor, who should make every effort to resolve the dispute in a fair and equitable manner and in accordance with established policy. After the employee and the supervisor have discussed the incident, the supervisor will give the employee a written response within two working days. 2. The process described above shall continue through the line of supervision, up to and including the department head, if the aggrieved party is not satisfied with the resolution at the initial or preceding step(s). 3. Should the dispute not be resolved by the department head to the satisfaction of both parties, the employee will notify the Director of Human Resources of the City Council Meeting of 5/24/2016 5PM Page 149

150 B.P.C.E.A. M.O.U. Page 41 Item 09 dispute in writing. The Director of Human Resources will interview both parties in the dispute and others affected and report those findings to the City Manager and recommend steps to be taken to resolve the problem within the Department. Within 10 working shifts, the parties will be provided with a written response from the City Manager. The decision of the City Manager shall be the final step in the Administrative process. ARTICLE 43 ADVISORY ARBITRATION City Council Resolution 1883, Personnel Rules and Regulations, Rule XVI, Section 2 and Section 5 shall be amended and is incorporated herein and attached as Exhibit F. ARTICLE 44 PERFORMANCE EVALUATION The parties agree that performance evaluations may not be appealed to advisory arbitration. The appeal process shall end at the City Manager level as provided in the grievance procedure contained herein. City Council Meeting of 5/24/2016 5PM Page 150

151 Item 09 City Council Meeting of 5/24/2016 5PM Page 151

152 B.P.C.E.A. M.O.U. Page 43 Item 09 EXHIBIT A PAY SCHEDULE EFFECTIVE JULY 4, 2015 BUENA PARK CITY EMPLOYEES ASSOCIATION Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Custodian ,433 41, ,596 43, ,769 45, ,950 47, ,141 49, ,344 52,128 Driver/Scheduler ,716 32, ,845 34, ,976 35, ,121 37, ,269 39, ,423 41,074 Facilities Maintenance Technician ,868 46, ,054 48, ,250 51, ,455 53, ,669 56, ,897 58,768 Facilities Maintenance Worker ,515 42, ,685 44, ,860 46, ,047 48, ,241 50, ,448 53,379 Fleet Mechanic ,153 49, ,353 52, ,563 54, ,784 57, ,014 60, ,256 63,075 Lead Fleet Mechanic ,565 54, ,790 57, ,018 60, ,260 63, ,514 66, ,785 69,419 Lead Maintenance Worker ,153 49, ,353 52, ,563 54, ,784 57, ,014 60, ,256 63,075 Lead Sewer Services Technician ,517 54, ,820 57, ,120 61, ,421 65, ,723 68, ,024 72,283 Lead Signs & Markings Technician ,153 49, ,353 52, ,563 54, ,784 57, ,014 60, ,256 63,075 Lead Water Services Technician ,517 54, ,820 57, ,120 61, ,421 65, ,723 68, ,024 72,283 Maintenance Helper ,203 26, ,311 27, ,412 28, ,530 30, ,647 31, ,770 33,245 Maintenance Worker ,515 42, ,685 44, ,860 46, ,047 48, ,241 50, ,448 53,379 Sewer Services Technician ,515 42, ,685 44, ,860 46, ,047 48, ,241 50, ,448 53,379 Sr. Maintenance Helper ,534 30, ,654 31, ,778 33, ,908 34, ,048 36, ,191 38,295 Sr. Maintenance Worker ,868 46, ,054 48, ,250 51, ,455 53, ,669 56, ,897 58,768 Sr. Sewer Services Technician ,868 46, ,054 48, ,250 51, ,455 53, ,669 56, ,897 58,768 Sr. Traffic Painter ,868 46, ,054 48, ,250 51, ,455 53, ,669 56, ,897 58,768 Sr. Water Services Technician ,868 46, ,054 48, ,250 51, ,455 53, ,669 56, ,897 58,768 Water Services Technician ,515 42, ,685 44, ,860 46, ,047 48, ,241 50, ,448 53,379 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion. City Council Meeting of 5/24/2016 5PM Page 152

153 B.P.C.E.A. M.O.U. Page 44 Item 09 EXHIBIT B PAY SCHEDULE EFFECTIVE JULY 2, 2016 BUENA PARK CITY EMPLOYEES ASSOCIATION Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Custodian ,502 42, ,668 44, ,845 46, ,029 48, ,223 50, ,431 53,170 Driver/Scheduler ,770 33, ,902 34, ,035 36, ,183 38, ,334 40, ,491 41,896 Facilities Maintenance Technician ,946 47, ,135 49, ,335 52, ,544 54, ,763 57, ,995 59,944 Facilities Maintenance Worker ,585 43, ,758 45, ,937 47, ,128 49, ,326 51, ,537 54,447 Fleet Mechanic ,236 50, ,440 53, ,654 55, ,880 58, ,114 61, ,361 64,337 Lead Fleet Mechanic ,656 55, ,885 58, ,118 61, ,365 64, ,625 67, ,901 70,807 Lead Maintenance Worker ,236 50, ,440 53, ,654 55, ,880 58, ,114 61, ,361 64,337 Lead Sewer Services Technician ,608 55, ,916 58, ,223 62, ,529 66, ,837 70, ,144 73,729 Lead Signs & Markings Technician ,236 50, ,440 53, ,654 55, ,880 58, ,114 61, ,361 64,337 Lead Water Services Technician ,608 55, ,916 58, ,223 62, ,529 66, ,837 70, ,144 73,729 Maintenance Helper ,247 26, ,357 28, ,460 29, ,581 30, ,700 32, ,826 33,910 Maintenance Worker ,585 43, ,758 45, ,937 47, ,128 49, ,326 51, ,537 54,447 Sewer Services Technician ,585 43, ,758 45, ,937 47, ,128 49, ,326 51, ,537 54,447 Sr. Maintenance Helper ,584 31, ,707 32, ,833 33, ,967 35, ,109 37, ,255 39,061 Sr. Maintenance Worker ,946 47, ,135 49, ,335 52, ,544 54, ,763 57, ,995 59,944 Sr. Sewer Services Technician ,946 47, ,135 49, ,335 52, ,544 54, ,763 57, ,995 59,944 Sr. Traffic Painter ,946 47, ,135 49, ,335 52, ,544 54, ,763 57, ,995 59,944 Sr. Water Services Technician ,946 47, ,135 49, ,335 52, ,544 54, ,763 57, ,995 59,944 Water Services Technician ,585 43, ,758 45, ,937 47, ,128 49, ,326 51, ,537 54,447 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion. City Council Meeting of 5/24/2016 5PM Page 153

154 B.P.C.E.A. M.O.U. Page 45 Item 09 EXHIBIT C PAY SCHEDULE EFFECTIVE JULY 1, 2017 BUENA PARK CITY EMPLOYEES ASSOCIATION Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Custodian ,608 43, ,779 45, ,961 47, ,151 49, ,351 52, ,564 54,763 Driver/Scheduler ,854 34, ,989 35, ,127 37, ,278 39, ,435 41, ,597 43,159 Facilities Maintenance Technician ,065 48, ,260 51, ,466 53, ,681 56, ,906 58, ,145 61,734 Facilities Maintenance Worker ,694 44, ,872 46, ,056 48, ,253 51, ,457 53, ,673 56,074 Fleet Mechanic ,364 52, ,573 54, ,795 57, ,027 60, ,269 63, ,524 66,279 Lead Fleet Mechanic ,797 57, ,032 60, ,272 63, ,527 66, ,793 69, ,077 72,922 Lead Maintenance Worker ,364 52, ,573 54, ,795 57, ,027 60, ,269 63, ,524 66,279 Lead Sewer Services Technician ,746 56, ,065 60, ,380 64, ,695 68, ,014 72, ,329 75,938 Lead Signs & Markings Technician ,364 52, ,573 54, ,795 57, ,027 60, ,269 63, ,524 66,279 Lead Water Services Technician ,746 56, ,065 60, ,380 64, ,695 68, ,014 72, ,329 75,938 Maintenance Helper ,315 27, ,428 29, ,534 30, ,659 31, ,781 33, ,911 34,921 Maintenance Worker ,694 44, ,872 46, ,056 48, ,253 51, ,457 53, ,673 56,074 Sewer Services Technician ,694 44, ,872 46, ,056 48, ,253 51, ,457 53, ,673 56,074 Sr. Maintenance Helper ,663 31, ,789 33, ,918 35, ,056 36, ,204 38, ,353 40,231 Sr. Maintenance Worker ,065 48, ,260 51, ,466 53, ,681 56, ,906 58, ,145 61,734 Sr. Sewer Services Technician ,065 48, ,260 51, ,466 53, ,681 56, ,906 58, ,145 61,734 Sr. Traffic Painter ,065 48, ,260 51, ,466 53, ,681 56, ,906 58, ,145 61,734 Sr. Water Services Technician ,065 48, ,260 51, ,466 53, ,681 56, ,906 58, ,145 61,734 Water Services Technician ,694 44, ,872 46, ,056 48, ,253 51, ,457 53, ,673 56,074 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion. City Council Meeting of 5/24/2016 5PM Page 154

155 B.P.C.E.A. M.O.U. Page 46 Item 09 EXHIBIT D COMPENSATION PLAN A. PURPOSE. The purpose of this Plan is to establish a Merit system of compensation for all general employees represented by BPCEA in all classes of work, based upon performance and productivity, with due consideration for all qualities of service and contribution to the City. B. SALARY RANGES AND SALARY RATES. The establishment of salary ranges and salary rates and the allocation of classes thereto shall be by Resolution of the City Council. The type of appointment shall determine whether an employee s salary rate shall be on a biweekly or hourly basis. 1. Full-Time, Probationary, Provisional, Temporary and Acting Appointments. An employee having a provisional, temporary, probationary, or acting appointment that is on a full-time basis, shall be compensated at a biweekly rate. 2. Other Appointments. An employee having any other type of appointment shall be compensated at an hourly rate. C. RESPONSIBILITIES OF CITY MANAGER. Employees shall be paid at biweekly or hourly rates as determined by the City Manager, subject to the provisions of this Resolution. At least annually the City Manager shall review the existing Compensation Plan and recommend to the City Council a salary range and salary rates for each class for which the City Manager is appointing authority. In determining salary range and salary rates, consideration shall be given to both basic pay, fringe benefits, and working conditions. D. COMPENSATION PROCEDURES. 1. Entry Level Salary Rates. a. In General. Except as otherwise provided herein, all new employees shall be appointed at Step 1 of the salary range in effect for the class in which the appointment is made. b. Exceptions. The City Manager may authorize such new appointments at a salary rate up to Step 6, when it is determined that equity among employees and the interests of the City will best be served. c. Temporary Appointees. Persons employed or re-employed for part-time, temporary, or seasonal service may, upon written recommendation of the Department Head and approval of the City Manager, be compensated at any rate established for the class. City Council Meeting of 5/24/2016 5PM Page 155

156 B.P.C.E.A. M.O.U. Page 47 Item 09 d. Acting Appointments. Acting appointments may carry additional compensation if recommended by the Department Head and approved by the City Manager, or when the City Manager determines that equity among employees and the interests of the City will best be served. 2. Step Increases Within The Range. All salary increases within the range shall be made in five percent increments whenever possible. a. Step 1 is the minimum rate and is normally the hiring rate for the class. b. Employees are eligible to progress through the second and third steps, any time after completion of six months of service at the preceding step. These salary increases are awarded in recognition of good performance and as an incentive for continued work improvement. These increases shall be made only if recommended by the Department Head and approved by the City Manager. c. Employees are eligible for additional salary increases to the fourth, fifth and sixth steps, any time after completion of one year of service at the preceding step on their salary anniversary date. These increases shall be made only if recommended by the Department Head and approved by the City Manager and are awarded in recognition of good performance and as an incentive for continued work improvement. E. COMPENSATION UPON PROMOTION. 1. Every promotion from one class to a higher class shall carry a minimum salary increase of five percent. In the event a promotion is made within six months of the employee s salary anniversary date, the placement on the new range shall be to the step of the new range which shall be 7-1/2 percent, or 10 percent over the current rate. 2. The probation and salary procedures for the position shall follow those prescribed in the various applicable paragraphs of Section D. 3. If the promotion is to a position (class) assigned to a Salary Schedule other than the General Employees Salary Schedule, the probation and salary procedures shall follow those prescribed in the various applicable paragraphs of the Resolution for the appropriate Salary Schedule. F. COMPENSATION ON DEMOTION. 1. Involuntary Demotion. An employee who is involuntarily demoted shall be reduced in salary to the nearest lowest salary rate of the class of position to City Council Meeting of 5/24/2016 5PM Page 156

157 B.P.C.E.A. M.O.U. Page 48 Item 09 which demoted. The employee shall not be required to serve a probation period in the lower position unless specifically determined by the City Manager. 2. Voluntary Demotion. An employee who is demoted at his/her own request shall retain current salary rate if such rate is within the salary range of the lower classification. If salary rate prior to the demotion was higher than the maximum salary of the lower position, the employee shall receive the latter. The employee shall not be required to serve a probation period in the lower position unless specifically determined by the City Manager. G. FAILURE TO COMPLETE PROBATION PERIOD. The compensation of an employee who is rejected during a probation period in a classification and who is assigned to a classification having a lower salary range shall be as follows: 1. If the employee had previously completed a probation period in a lower classification, the employee shall not be required to serve another one; the employee s last salary rate in the lower position shall be the new salary rate upon reassignment to that position, and eligibility shall be earned to receive subsequent merit salary advancements in accordance with appropriate paragraphs in Section D. 2. If the employee had not previously completed a probation period in a lower classification, the effective date of reassignment to that class shall be the new probationary anniversary date, and the employee shall be required to serve a probation period. H. COMPENSATION ON POSITION RECLASSIFICATION. The salary of an employee in a position that is reclassified shall be determined as follows: 1. Class with Same Salary Range. If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate and the salary review date of the employee shall not be changed. This provision shall also apply to a change of class title provided there is no change in the basic duties of the position. 2. Class with Higher Salary Range. If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, the salary of the employee shall be governed by the Section on Compensation Upon Promotion. 3. Class with Lower Salary Range. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, the employee s salary shall not change, and the employee shall not be required to serve a new probation period. City Council Meeting of 5/24/2016 5PM Page 157

158 B.P.C.E.A. M.O.U. Page 49 Item 09 I. COMPENSATION ON TRANSFER. The salary rate and salary review date of an employee who is transferred in class shall not change. J. COMPENSATION FOR PORTION OF PAY PERIOD. A regular or probationary appointee serving on a full-time basis who works less than a full biweekly pay period except when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee s hourly rate. The number of hours worked in such pay period shall include paid holidays. K. CHANGES IN CLASS SALARY RANGE. If a class is allocated to a different salary range, an employee in a position in that class shall be compensated at the same lettered step in the new range as the employee was receiving in the previous range, and the employee s salary review date shall not change. L. COMPENSATION FOR ACTING APPOINTMENTS. Subject to the following conditions, an employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which the employee is normally assigned shall receive the entry level salary rate of the higher salary range or the rate five percent higher than the rate the employee normally receives, whichever is greater, for all such hours assigned. 1. The employee must perform all the duties and assume all the responsibilities of the higher class. 2. Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent lasting longer than 30 days or the temporary filling of newly budgeted positions, where the needs of the City require that the position be filled. 3. Acting appointments shall not receive merit increases and shall not be permitted for a period in excess of six continuous months, except in the manner provided in Section of the Buena Park City Code. 4. The City Manager must approve all such appointments upon findings meeting the criteria set forth in this paragraph. M. CHANGES IN SALARY ANNIVERSARY DATE. The granting of any leave of absence without pay exceeding 30 calendar days shall result in a new salary anniversary date plus the number of calendar days of the employee s leave in excess of 30 calendar days. N. PROBATIONARY APPOINTMENT FOLLOWING PROVISIONAL APPOINTMENT. Notwithstanding the other provisions of this Resolution, a provisional appointee in a class who, without a break in service, receives a probationary appointment to a position in the same class shall be eligible for consideration for a salary advance City Council Meeting of 5/24/2016 5PM Page 158

159 B.P.C.E.A. M.O.U. Page 50 Item 09 after six months of satisfactory service, including provisional service, as evidenced in writing by the Department Head and approved by the City Manager, and shall accrue leave benefits from the date of the provisional appointment. The employee s probation period shall commence with the date of provisional appointment. Satisfactory completion of such probation period shall be on written recommendation of the Department Head and approval of the City Manager. The salary advance provision of this section shall not apply when a provisional appointee in a class receives, without a break in continuous City service, a probationary appointment to a position in a different class having a higher salary range. The salary review date of such appointee shall be the date of the probationary appointment O. CONSIDERATION OF EMPLOYEE REQUESTS. Any employee shall have the right to consideration by the City Manager of any request with respect to a claimed inequity resulting from the strict application of any of the sections contained herein. The employee shall submit to the Department Head a written statement of the claimed inequity and the employee s request. The Department Head shall promptly forward the statement, the employee s request, and a written recommendation to the City Manager. P. CONTINUITY OF SERVICE REQUIREMENTS. Continuous service, as required for advancement within salary ranges and for other purposes specified in this Resolution, is defined as City Employment on a probationary, regular, or acting appointment basis without break or interruption. Q. AVOIDANCE OF INEQUITIES. The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Resolution. R. ADMINISTRATIVE REGULATIONS. The City Manager is authorized to issue written administrative personnel regulations designed to augment or clarify the provisions of this Resolution. Prior to issuance, such regulations shall be referred to the City Attorney as to their conformance with this Resolution, and to the appropriate bargaining unit representative(s), if such regulations would modify the wages, hours or terms and conditions of employment. At least annually such regulations shall be considered for possible incorporation in a revision of this Resolution. City Council Meeting of 5/24/2016 5PM Page 159

160 B.P.C.E.A. M.O.U. Page 51 Item 09 EXHIBIT E HIRING OF EMPLOYEE RELATIVES The hiring of relatives of City employees is based upon the following criteria: A relative is defined as a spouse, child, step-child parent, step-parent, parent-in-law, legal guardian, brother, sister, brother-in-law, sister-in-law, step-brother, step-sister, aunt, uncle, niece, nephew, grandchild, grandparent, regardless of their place of residence, or any other individual related by blood or marriage living within the same household as the City employee. An employee is defined as any person who receives a City payroll check for services, full or part-time rendered to the City of Buena Park. The employment of relatives of City employees within the City of Buena Park is limited to the following situations: Any relative of a Councilmember or the City Manager shall not be considered for employment within the City of Buena Park in any capacity, either full-time or part-time. Any relative of a City-appointed commissioner, board or committee member, or department manager, may not be considered for employment within the department or area of responsibility of such City-appointed commissioner, board or committee member or department manager. The employment of relatives of all other City employees is prohibited within the department of the existing employee when such related employee may: perform joint duties, share responsibility or authority; report to the same immediate supervisor; or be supervised by or would supervise a relative. Relatives of City employees, except for relatives of Council members, the City Manager, City-appointed commissioners, board or department managers may be hired for seasonal assignments. However, such employment shall not exceed twenty percent (20%) of the compliment of seasonal employees in that classification and shall be selected only by an open recruitment process. City employees who are related as described above, shall not be affected in their current job status except when the City Manager determines that the circumstances of such employment raises an undue hardship upon the other employees within the particular work unit and that such employment is detrimental to the supervision, safety, security or morale of the particular work unit. If two existing City employees become married and their employment conflicts with the policy stated above, they may continue employment provided that such employment does not directly or indirectly place an undue hardship upon other employees within the particular work unit of the married couple and such employment is not detrimental to the supervision, safety, security or morale of the particular work unit. The City manager shall determine whether or not such detriment or undue hardship exists. City Council Meeting of 5/24/2016 5PM Page 160

161 B.P.C.E.A. M.O.U. Page 52 Item 09 The City Manager is authorized to issue written guidelines to implement and enforce this policy. All determinations made by the City Manager shall be final and conclusive and not subject to Section of the Administrative Section of the City Code. In all situations where the City Manager determines a conflict to exist between existing or future related employees, the City Manager shall attempt to resolve such conflict in the following manner: Attempt to redefine the job responsibilities of the related employees within the department to minimize the conflict. If such redefinition of job status is not feasible, attempt to transfer one of the employees to a similar position (without guarantee or identical salary) that would not be in violation of this policy. If transfer is not feasible or acceptable, request the voluntary resignation of one of the employees. If one of the employees does not voluntarily resign, the employee with the least employment experience in the City of Buena Park may be discharged by the City Manager. City Council Meeting of 5/24/2016 5PM Page 161

162 B.P.C.E.A. M.O.U. Page 53 Item 09 A. PURPOSE OF POLICY. EXHIBIT F HARASSMENT IN EMPLOYMENT POLICY 1. To define and issue to all employees the City's policy of the prohibition of harassment in the workplace. 2. To fully inform all employees of their right to be free of unlawful harassment in the workplace. 3. To fully inform all employees that the City of Buena Park does not and will not tolerate harassment in the workplace. 4. To inform all employees of their rights if they believe that they are or have been the victim of harassment. 5. To provide a means for the prompt reporting and full and effective investigation of harassment complaints and to provide for effective remedial action against the harasser and for the victim. B. STATEMENT OF POLICY. It is the policy of the City that it will not tolerate verbal or physical conduct by any employee which harasses, disrupts, or interferes with another's work performance or which creates an intimidating, offensive, or hostile environment. Harassment by any employee, supervisor, manager or non-employee on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age is prohibited and will not be tolerated. Harassment violates Title VII of the Civil Rights Act of 1974, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission. All employees will be expected to comply with this policy and take appropriate measures to ensure that such conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this policy against harassment in the workplace. Based on the seriousness of the offense, disciplinary action will be taken up to and including termination. When a violation of this policy is reported, an investigation shall be conducted to determine if there was knowledge, or should have been knowledge, on the part of any supervisor, and whether any supervisor had failed to take immediate and appropriate corrective action. City Council Meeting of 5/24/2016 5PM Page 162

163 B.P.C.E.A. M.O.U. Page 54 Item 09 Negligent supervision, tacit approval by turning a blind eye, treating the situation as a joke, failure to take action, or concealing a situation will subject the supervisor involved to disciplinary action. C. DEFINITION OF HARASSMENT. Harassment includes, but is not limited to: 1. Verbal Harassment - For example, epithets, derogatory comments or slurs on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. 2. Physical Harassment - For example, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. 3. Visual Forms of Harassment - For example, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. 4. Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned upon an employment benefit; unreasonably interferes with an individual s work performance or creates an intimidating, hostile or offensive work environment. D. DEFINITION OF EMPLOYEE. For purposes of this policy, an employee shall be defined as any individual, regardless of classification, employed by the City of Buena Park, or volunteers working under the supervision of the City, vendors and contract employees. E. COMPLAINT PROCEDURE. Any employee who believes he or she has been the subject of harassment should report the alleged act immediately to his/her supervisor, his/her department head or Director of Human Resources. The limitation on reporting alleged acts of harassment must be within one year of the incident or incidents. If a complaint involves a supervisor or manager, the complaint shall be filed directly with the department head or Director of Human Resources. Any supervisor or department head who receives a harassment complaint is to immediately notify the Director of Human Resources to coordinate the investigation and complaint process. Upon notification of a harassment complaint, the department head will: 1. Inform the complainant of his or her right to initiate a complaint. City Council Meeting of 5/24/2016 5PM Page 163

164 B.P.C.E.A. M.O.U. Page 55 Item Authorize the investigation of the complaint and supervise and/or investigate the complaint. 3. Investigation of a complaint will include interviewing the complainant, accused harasser and any named or apparent witnesses. Employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation. 4. All complaints will be handled in a timely and confidential manner. In no event will information be released to anyone who is not involved with the investigation; nor will anyone involved be permitted to discuss the subject outside the investigation. 5. Review factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment; giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance and the context in which the alleged incidents occurred. 6. Report the results of the investigation and the determination as to whether harassment occurred to the appropriate persons including complainant, alleged harasser, supervisor and the Director of Human Resources. 7. If harassment occurred, take and/or recommend to the department head or Director of Human Resources prompt and effective remedial action against the harasser. 8. Notify the victim that necessary steps of corrective action have been taken to resolve the problem. 9. Reasonable steps will be taken to protect the victim and other potential victims from further harassment. 10. Reasonable steps will be taken to protect the victim from any retaliation as a result of communicating the complaint. F. DISSEMINATION OF POLICY. All City employees, supervisors and managers shall receive a copy of this policy. All management personnel will be informed of their responsibilities in enforcing this policy. This policy shall be posted in appropriate places. City Council Meeting of 5/24/2016 5PM Page 164

165 B.P.C.E.A. M.O.U. Page 56 Item 09 EXHIBIT G ADVISORY ARBITRATION With respect to the bargaining members in this unit, City Council Resolution 1883, Personnel Rules and Regulations, Rule XVI, Section 2 and Section 5 shall be amended as follows: Section 2: Disciplinary Procedures (h) Appeal to City Manager: The employee, upon receipt of notice of the imposition of disciplinary action against him, shall have the right to appeal the Department Head s decision in writing to the City Manager, except that an oral or written reprimand may not be so appealed. Said appeal shall be delivered to the City Manager within ten (10) business days of the employee s receipt of notice of the imposition of discipline. Otherwise, the Department Head s action shall be final and binding. Should the employee desire to appeal the Department Head s decision directly to advisory arbitration rather than having the matter reviewed by the City manager, he may do so by filing with the Human Resources Director within ten (10) business days of his receipt of the notice of imposition of discipline by the Department Head, a written appeal to the City Council. Said written appeal shall be in form and content as required by these rules and, in addition, shall state that the employee knowingly and intentionally waives his opportunity to have the action of the Department Head first reviewed by the City manager. In such a situation, the provisions of subparagraphs (h) and (i) of this Section 2 shall be deemed inapplicable to the subject proceeding. (j) Advisory Arbitration: The employee, upon receipt of notice of the affirmation of disciplinary action against him by the City Manager, whether by way of total affirmation or modification of the Department Head s action, shall have the right to appeal the City Manager s decision in an advisory arbitration; except that an oral or written reprimand as provided by these Rules may not be so appealed. Said appeal shall be delivered to the Human Resources Director within ten (10) business days of the employee s receipt of notice of the City Manager s action. Otherwise, the City Manager s action shall be final and binding. The advisory arbitration shall be conducted in accordance with the provisions of Section 5 of this Rule XVI. Section 5: Advisory Arbitration (a) Any regular employee shall have the right to appeal a decision by the City Manager involving dismissal, demotion, reduction in pay or suspension, or of a Department Head, if City Manager review is waived by the employee, provided, however that only one (1) advisory arbitration hearing shall be allowed as to any one (1) disciplinary action. (b) The employee s appeal shall be heard in an advisory arbitration by an impartial hearing officer selected from a list of advisory arbitrators from the California State City Council Meeting of 5/24/2016 5PM Page 165

166 B.P.C.E.A. M.O.U. Page 57 Item 09 Mediation and Conciliation Service (SMCS). The City will pay SMCS s fee for providing the list. (c) The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney. (d) The hearing officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party. (e) If both parties request that the hearing be recorded by a certified shorthand reporter, then the expenses for such recording services shall be borne equally by the City and the employee. If only one party requests that the hearing be recorded by a certified shorthand reporter, then that party alone will bear the expenses. Each party shall be responsible for any specialized or extraordinary services they might individually request. (f) The expenses for the hearing officer shall be borne equally by the City and the Association, and each party shall be responsible for expenses they incur. The maximum expense for the hearing officer borne by the Association is $2,000. (g) At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence. (h) Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party called him/her to testify, and to rebut the evidence against him/her. (i) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. (j) After the close of the hearing, the hearing officer shall prepare a written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Council and the employee within thirty (30) calendar days, or a longer period of time as stipulated by the parties. In rendering an award, the hearing officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner City Council Meeting of 5/24/2016 5PM Page 166

167 B.P.C.E.A. M.O.U. Page 58 Item 09 whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same. (k) The City Council shall review the hearing officer s recommendation, but shall not be bound thereby. The City Council shall adopt, amend, modify or reject the recommended findings, conclusions and/or opinion of the hearing officer. Prior to making a decision which adopts the hearing officer s recommendation, the City Council may order and read the transcript, at the Council s discretion. Prior to making a decision which modifies or rejects the hearing officer s recommendation, the City Council shall order and read the transcript of the Board hearing. (l) The City Council shall not conduct a de novo hearing. The City Council may, at its sole option, allow limited oral arguments from either party before making a decision. (m) The decision of the City Council shall be final and binding, subject only to review by the courts under California Code of Civil Procedure section (n) The City staff shall notify the appellant in writing, within five working days of the City Council s decision. Such notice shall indicate the effective date of the action to be taken. City Council Meeting of 5/24/2016 5PM Page 167

168 Item 10 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council RESOLUTION TO ADOPT AN AMENDED AND RESTATED COMPENSATION PLAN FOR MANAGEMENT AND EXECUTIVE EMPLOYEES AND CITY COUNCIL RECOMMENDED ACTION: 1) Adopt a resolution approving an amended and restated Compensation Plan for Management and Executive Employees, and City Council; and 2) Approve a fiscal year budget amendment in the amount of $210,000 for the provisions of the Compensation Plan. PURPOSE: To approve an amended and restated compensation plan for Management and Executive Employees, and City Council. DISCUSSION: In accordance with the Meyers-Milias-Brown Act, the City and Management Unit representatives met-and-consulted on matters of concern and discussed extending the employment agreement. In an effort to continue positive labor relations and recognizing the value of having employment contracts extended for one additional year with the Unit, the City and Management Unit agreed upon a 3% cost of living adjustment effective July 1, Likewise, the City and Management Unit agreed upon a one-time, lump sum bonus effective in 2016, so as not to burden the City by additional compounded salary increases and increases to future pension liabilities. As a result of the positive negotiations, an agreement has been reached on an amended Compensation Plan. This document is presented to the City Council for review and approval as the final step in the labor negotiation process. It reflects the same language as presented to the City Council in properly noticed closed sessions on labor negotiations as allowed under the Brown Act. Listed below is a summary of significant changes to the amended and restated Compensation Plan. 1. TERM One-year Contract Extension: July 4, 2015 June 29, BASE PAY SCHEDULE 3% Cost of Living (COLA) increase effective July 1, RATIFICATION BONUS A one-time, single Ratification Bonus payment in the amount of $7,500 shall be paid within thirty days after ratification of this Amended and Restated Compensation Plan to all employees in the classifications in the Management Unit on payroll as of the effective date of this contract. Ratification Bonus payments will be subject to all applicable federal and state tax withholdings. Ratification Bonus payments will not be considered compensation reportable to CalPERS or included in the calculation of regular rate for overtime, benefits, or for any other purpose. City Council Meeting of 5/24/2016 5PM Page 168

169 Page 2 AGENDA REPORT TO CITY COUNCIL Meeting Date: May 24, 2016 Subject: RESOLUTION TO ADOPT AN AMENDED AND RESTATED COMPENSATION PLAN FOR MANAGEMENT AND EXECUTIVE EMPLOYEES AND CITY COUNCIL Item /10 ALTERNATIVE WORK SCHEDULE Effective July 4, 2015, the City shall implement and evaluate a 4/10 Alternative Work Schedule for a trial period through June 29, 2018, for employees assigned to the City Yard operations. Department Heads with affected employees will determine the work schedule of operations based on the needs of the City. At the conclusion of the evaluation period, Staff will review the effectiveness and efficiency in providing service to the community while working an alternative work schedule. BUDGET IMPACT: The proposed amended and restated MOU will require a General Fund allocation of approximately $210,000 for the remainder of fiscal year to account for the one-time bonus. There is no change to the fiscal year budget as this agreement was already included. However, the budget impact for adoption of the extended Compensation Plan is approximately $150,000 for fiscal year Prepared by: Approved by: Presented by: Eddie Fenton, Director of Human Resources and Risk Management Jim Vanderpool, City Manager Eddie Fenton, Director of Human Resources and Risk Management ATTACHMENTS: 1) Resolution 2) Compensation Plan City Council Meeting of 5/24/2016 5PM Page 169

170 Item 10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, APPROVING AN AMENDED AND RESTATED COMPENSATION PLAN FOR THE BUENA PARK MANAGEMENT EMPLOYEES AND CITY COUNCIL EFFECTIVE JULY 4, 2015, AND SUPERSEDING RESOLUTION NOS AND WHEREAS, the City Council approved a Compensation Plan for the Buena Park Management Unit ( Management Unit ) per Resolution No effective July 4, 2015; and WHEREAS, the City Council amended the Compensation Plan for the Management Unit to layoff the Traffic and Transportation Manager Classification as part of a reorganization of the traffic services division per Resolution No ; and WHEREAS, the City Council has designated the Director of Human Resources as the City of Buena Park s lead negotiator to meet and consult in good faith with the representatives of the Management Unit; and WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.) the Director of Human Resources has met and consulted in good faith with the representatives of the Management Unit on matters relating to wages, hours, and other terms and conditions of employment; and WHEREAS, said representatives of the City and the Management Unit have reached tentative agreement and have jointly prepared a written Compensation Plan which is attached to this resolution and incorporated herein; and WHEREAS, such agreement is within the parameters established by the City Council for an agreement with the Management Unit; and WHEREAS, the City Council finds that the terms and conditions of this agreement are proper and in the best interest of the City. NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine and order as follows: Section 1: Resolution Nos and are superseded. All conflicting resolutions of the City are repealed. Section 2: Compensation Plan for the Buena Park Management Employees is hereby amended and restated with the following changes: PAY Section 3 SALARY SCHEDULE AND INCREASES City Council Meeting of 5/24/2016 5PM Page 170

171 Item 10 RESOLUTION NO. Page 2 E. All classifications in Exhibit C Pay Schedule shall receive a 3% increase to each step within the pay schedule effective July 1, F. Ratification Bonus. A one-time, single Ratification Bonus payment in the amount of $7,500 shall be paid within thirty days after ratification of this amended and restated MOU to all employees in the classifications in Exhibit C on payroll as of the amended date of this Compensation Plan. Ratification Bonus payments will be subject to all applicable federal and state tax withholdings. Ratification Bonus payments will not be considered compensation reportable to CalPERS or included in the calculation of regular rate for overtime, benefits, or for any other purpose. INSURANCE SECTION 14 MEDICAL INSURANCE C. EXCESS MEDICAL. An employee who selects a health insurance plan which costs less than the City s maximum monthly contribution may have the difference placed in his/her deferred compensation account, purchase products available through the City s Cafeteria Plan, or receive a cash payout. For example, an employee with no dependents is entitled to a maximum monthly contribution of $ per month. If he/she has a health insurance plan which costs $ per month the employee is entitled to $ per month in excess medical. However, Council members who select a health insurance plan which costs less than the City s maximum monthly contribution must apply the difference to his/her deferred compensation account. D. WAIVER OF MEDICAL INSURANCE. 1. An employee may elect to not be covered by a City group medical insurance plan if he/she provides proof of coverage from another group medical insurance source. The City may require proof of coverage at any time. 2. The City will contribute the employer rate equal to the Employee Only total monthly amount to the flexible spending account of employees who elect not to be covered by the City's health insurance. An eligible employee may elect to have the City s monthly contribution applied to his/her deferred compensation account, the purchase of products offered through the Cafeteria Plan, and/or receive a cash payout. However, Council members who elect to waive the City s health insurance must apply the City s monthly contribution to his/her deferred compensation account. LEAVES SECTION 21 VACATION D. ANNUAL CONVERSION. City Council Meeting of 5/24/2016 5PM Page 171

172 Item 10 RESOLUTION NO. Page 3 2. Executive Management - Once each fiscal year, an employee may elect to convert up to 80 hours of any combination of vacation and/or management leave into a cash payment at the employee s then-current rate of base pay. The maximum payment for those executive management employees receiving longevity pay shall be limited to 55 hours. However, an employee receiving longevity pay may convert up to a maximum of 80 hours of any combination of vacation and/or management leave into a cash payment as long as the employee, or more, of annual vacation leave on the books after the conversion. LEAVES - SECTION 27 OTHER LEAVES C. MILITARY LEAVE. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting military leave shall present a copy of military orders to the department head prior to the beginning of the leave. Employees who present military orders for active duty status shall continue to receive all forms of compensation he/she would be receiving as if at work for the first 30 days of such absence in any one fiscal year (except weekend drills and/or training). Weekend drills and/or training are not considered active duty under the Military and Veterans Code and not eligible for salary continuation benefits. If an employee is called to inactive duty and must report to such duty on days the employee is scheduled to work, the employee must request the time off and use their leave banks for such absence if necessary. EXHIBITS EXHIBIT C Management Salary Schedule Effective July 1, 2017 is added to the amended and restated compensation plan. Section 3: The Amended and Restated Compensation Plan for the Buena Park Management Employees effective July 4, 2015, attached hereto is approved. PASSED AND ADOPTED this 24 th day of May 2016, by the following called vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: City Council Meeting of 5/24/2016 5PM Page 172

173 Item 10 RESOLUTION NO. Page 4 ATTEST: Mayor City Clerk I, Shalice Tilton, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 24 th day of May City Clerk City Council Meeting of 5/24/2016 5PM Page 173

174 Item 10 July 4, 2015 June 29, 2018 CITY OF BUENA PARK MANAGEMENT UNIT COMPENSATION PLAN ADOPTED JUNE 9, 2015 RESOLUTION NO AMENDED DECEMBER 8, 2016 RESOLUTION NO AMENDED AND RESTATED MAY 24, 2016 RESOLUTION NO. City Council Meeting of 5/24/2016 5PM Page 174

175 Item 10 City Council Meeting of 5/24/2016 5PM Page 175

176 Item 10 COMPENSATION PLAN BUENA PARK MANAGEMENT UNIT SECTION 1 TERM 1 PAY SECTION 2 ASSIGNMENT OF CLASSES TO PAY RANGES 1 SECTION 3 SALARY SCHEDULE AND INCREASES 1 SECTION 4 BILINGUAL PAY 1 SECTION 5 LONGEVITY PAY 2 SECTION 6 EDUCATION PROGRAM 2 SECTION 7 SAFETY SHOES 3 SECTION 8 UNIFORM ALLOWANCE 4 SECTION 9 VEHICLE ALLOWANCE 4 SECTION 10 MILEAGE 5 RETIREMENT SECTION 11 PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) 6 SECTION 12 SOCIAL SECURITY 7 SECTION 13 MEDICARE 8 SECTION 14 MEDICAL INSURANCE 8 SECTION 15 DENTAL INSURANCE 11 SECTION 16 LONG TERM DISABILITY INSURANCE 12 SECTION 17 LIFE INSURANCE 12 SECTION 18 CAFETERIA PLAN 12 SECTION 19 ADMINISTRATION 13 LEAVES SECTION 20 HOLIDAYS 14 SECTION 21 VACATION 14 SECTION 22 MANAGEMENT LEAVE 16 SECTION 23 SICK LEAVE 17 SECTION 24 BEREAVEMENT LEAVE 20 SECTION 25 WORKERS COMPENSATION 20 SECTION 26 JURY DUTY 21 SECTION 27 OTHER LEAVES 21 City Council Meeting of 5/24/2016 5PM Page 176

177 Item 10 WORKING CONDITIONS SECTION 28 PAY PERIODS 22 SECTION 29 HOURS OF WORK AND SCHEDULES 22 SECTION 30 SUBSTANCE ABUSE DRUG POLICY 23 SECTION 31 GRIEVANCE PROCEDURE 23 SECTION 32 ADVISORY ARBITRATION 24 SECTION 33 ANNUAL PHYSICAL EXAMINATION 25 SECTION 34 CITY COUNCIL BENEFITS 25 EXHIBITS EXHIBIT A MANAGEMENT SALARY SCHEDULE EFF. JANUARY EXHIBIT B MANAGEMENT SALARY SCHEDULE EFF. JULY 2, EXHIBIT C MANAGEMENT SALARY SCHEDULE EFF. JULY 1, EXHIBIT D COMPENSATION PLAN 32 EXHIBIT E HIRING OF EMPLOYEE RELATIVES 38 EXHIBIT F HARASSMENT IN EMPLOYMENT POLICY 40 EXHIBIT G ADVISORY ARBITRATION 43 City Council Meeting of 5/24/2016 5PM Page 177

178 Resolution No. B.P.M.U. COMPENSATION PLAN Page 1 Item 10 SECTION 1 TERM This Compensation Plan shall be effective as of midnight on July 4, PAY SECTION 2 ASSIGNMENT OF CLASSES TO PAY RANGES Each classification is assigned to a pay range as shown in Exhibit A. SECTION 3 SALARY SCHEDULE AND INCREASES A. The schedule of base pay rates is contained in Exhibit A. B. All classifications in Exhibit A Pay Schedule shall receive a 2% increase to each step within the pay schedule effective July 4, C. All classifications in Exhibit B Pay Schedule shall receive a 2% increase to each step within the pay schedule effective July 2, D. Ratification Bonus. A one-time, single Ratification Bonus payment in the amount of $ shall be paid within thirty days after ratification of this Compensation Plan to all employees in the classifications in Exhibit A on payroll as of the effective date of this Compensation Plan, except those employees who will participate in the trial 4/10 Alternative Work Schedule. Ratification Bonus payments will be subject to all applicable federal and state tax withholdings. Ratification Bonus payments will not be considered compensation reportable to CalPERS or included in the calculation of regular rate for overtime, benefits, or for any other purpose. E. All classifications in Exhibit C Pay Schedule shall receive a 3% increase to each step within the pay schedule effective July 1, F. Ratification Bonus. A one-time, single Ratification Bonus payment in the amount of $7,500 shall be paid within thirty days after ratification of this amended and restated Compensation Plan to all employees in the classifications in Exhibit C on payroll as of the amended date of this Compensation Plan. Ratification Bonus payments will be subject to all applicable federal and state tax withholdings. Ratification Bonus payments will not be considered compensation reportable to CalPERS or included in the calculation of regular rate for overtime, benefits, or for any other purpose. SECTION 4 BILINGUAL PAY The City shall provide bilingual pay at the rate of $35.00 per month to the incumbents of positions - one at City Hall, one at the City Yard, and one at the Ehlers Recreation City Council Meeting of 5/24/2016 5PM Page 178

179 Resolution No. B.P.M.U. COMPENSATION PLAN Page 2 Item 10 Facility. The City Manager shall designate the positions based on the City s business needs. The following criteria must be met: A. The employee passes a qualifying examination administered by Human Resources. B. The employee uses bilingual skills as required by the City. SECTION 5 LONGEVITY PAY A. An employee with 15 years or more of current continuous City service shall receive an additional two percent base salary. B. Mid-managers receiving longevity pay shall have his/her vacation accrual reduced by 40 hours per year. SECTION 6 EDUCATION PROGRAM A. REIMBURSEMENT. An employee who is pre-approved by the department head to attend a specified, off-duty education course shall receive reimbursement for certain expenses. An approved education course is defined as off-duty instruction that will be mutually and immediately beneficial to the employee and the City. 1. Prior to enrolling in the class, an employee desiring reimbursement for expenses shall acquire the department head s approval as to course content and its relationship to the employee s City employment. On completion of the course, with a grade of C or better, the employee shall submit a Request for Educational Reimbursement form to the department head along with a copy of the official transcripts and receipts for the total cost of the course. On approval by Human Resources and Finance, the employee shall then be reimbursed a maximum of $2,000 per fiscal year for tuition, transportation costs where appropriate, registration fees, and related expenses necessary for completion of the course. The cost of books required for the course shall be reimbursed at actual cost; this reimbursement is not part of the $2,000 maximum described above. 2. Reimbursement will only be given for coursework taken within the current fiscal year (July 1 June 30). The difference between the City s maximum obligation during any fiscal year and the total amount of actual reimbursement received by the employee during that fiscal year shall not be carried over or be available for use by the employee in any subsequent year. 3. A copy of the official transcript shall be forwarded to the Human Resources Office for retention in the employee s education file. City Council Meeting of 5/24/2016 5PM Page 179

180 Resolution No. B.P.M.U. COMPENSATION PLAN Page 3 Item 10 B. EDUCATION LOAN PROGRAM. The City will make available an interest-free loan program for employees who desire financial assistance with tuition, books enrollment fees, administration fees and related expenses. The annual maximum amount of each loan, shall be: 1. Undergraduate degree candidates may borrow up to the University of California (U.C.) rates for undergraduate tuition (currently up to $11,220 per school year); 2. Graduate degree candidates may borrow up to the U.C. rates for graduate school tuition (currently up to $14,960 per school year). Employees must provide proof of admission, proof of enrollment, and proof of registration at the time of loan request. Education loans shall be repaid via no more than 26 biweekly payroll deductions which shall commence following approval of the loan. Only one education loan per employee may be in place at any time. An employee utilizing this program is eligible for the City s education reimbursement program, subject to the provisions set forth in this Section. C. EDUCATIONAL INCENTIVE ALLOWANCE. An employee with a job-related (as determined by the City) degree or certificate from an accredited educational institution shall receive an additional allowance as follows: Associate of Arts Degree $60.00 per month Bachelor of Arts Degree $90.00 per month Master s or Ph.D. Degree $ per month Special Certificates: 10 or more semester units $30.00 per month 20 or more semester units $60.00 per month No employee may receive more than one Educational Incentive benefit at one time. SECTION 7 SAFETY SHOES A. The City shall provide a safety shoe program for employees who perform significant field work as part of their normal and customary job duties. B. The City shall pay up to $60.00 every two years, through a direct purchase from a City selected vendor, for safety shoes which comply with current California Office of City Council Meeting of 5/24/2016 5PM Page 180

181 Resolution No. B.P.M.U. COMPENSATION PLAN Page 4 Item 10 Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended, for the following classifications: Associate Engineer Building and Safety Manager Assistant City Engineer Parks & Recreation Manager Planning Manager Street Maintenance Superintendent Utilities Manager C. The City shall pay up to $ on a per fiscal year, through a direct purchase from a City selected vendor, for safety shoes which comply with current California Office of Safety and Health Administration (Cal/OSHA) standards, Title 8, Section 3385, as amended, for the following classifications: Equipment Maintenance Supervisor Facilities Maintenance Supervisor Code Enforcement Supervisor D. An employee who purchases safety shoes through this program shall wear such safety shoes while working outside of an office environment, in compliance with Cal/OSHA regulation, Title 8, Section The City Manager and/or his designee shall have discretion as to the need and necessity of the safety shoe purchase. SECTION 8 UNIFORM ALLOWANCE A. The City shall provide a work uniform to an employee who is required to wear a uniform by the department head and shall provide a City-paid cleaning service for such uniforms. B. The City agrees to continue to provide uniform cleaning service for employees who currently receive it. C. The monetary value for such purchase, rental, and maintenance of the required clothing which is a ready substitute for personal attire (uniform) shall be reported to the California Public Employees Retirement System (CalPERS) as compensation as required by law. The annual retirement contribution shall be based on the stated amounts for the term of the Compensation Plan listed in Section 17 Public Employees Retirement System. Any additional tax liabilities are borne solely by the employee. SECTION 9 VEHICLE ALLOWANCE Incumbents of the following classifications shall receive $ per month for the use of a personal vehicle on City business: City Council Meeting of 5/24/2016 5PM Page 181

182 Resolution No. B.P.M.U. COMPENSATION PLAN Page 5 Item City Clerk 2. Director of Finance 3. Director of Human Resources/Risk Management 4. Director of Community Development 5. Director of Community Services Each employee receiving this allowance shall have a personal vehicle at his/her work site each day he/she works, and shall use that vehicle on City business. For business trips more than 25 miles one-way from City Hall, the employee may use a City pool car or be reimbursed at the IRS rate for travel beyond the first 50 miles. An employee who uses rail transit for meetings or conferences (not commuting) shall be reimbursed for the cost of such transit. City pool cars may be used in situations where a private vehicle may be endangered, e.g., fire, flood, or earthquake. SECTION 10 MILEAGE An employee required to use a personal vehicle for City business shall be reimbursed at the rate allowed by the Internal Revenue Service. City Council Meeting of 5/24/2016 5PM Page 182

183 Resolution No. B.P.M.U. COMPENSATION PLAN Page 6 Item 10 RETIREMENT SECTION 11 PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) A. RETIREMENT PLAN. The City shall maintain its contract for a pension plan with the California Public Employees Retirement System (CalPERS), as originally adopted on March 1, 1964 and amended thereafter. B. CONTRACT OPTIONS. The City s contract with CalPERS shall include the following options: Government Code Section 1. One Year Highest Compensation Military Service Credit as Public Service % at 55 Full Formula Fourth Level of 1959 Survivor Benefit Pre-Retirement Optional Settlement 2 Death Benefit C. SECOND TIER CONTRACT OPTIONS. The City s contract with CalPERS for employees hired on or after December 22, 2012, shall include the following options: Government Code Section 1. Three Highest Years Compensation Military Service Credit as Public Service % at 60 Full Formula Fourth Level of 1959 Survivor Benefit Pre-Retirement Optional Settlement 2 Death Benefit City Council Meeting of 5/24/2016 5PM Page 183

184 Resolution No. B.P.M.U. COMPENSATION PLAN Page 7 Item 10 D. THIRD TIER CONTRACT OPTIONS. The City s contract with CalPERS for employees hired on or after January 1, 2013, shall include the following options: Government Code Section 1. Three Highest Years Compensation Military Service Credit as Public Service % at 62 Full Formula Fourth Level of 1959 Survivor Benefit Pre-Retirement Optional Settlement 2 Death Benefit E. CONTRIBUTIONS. 1. Employees hired before December 22, 2012, the full eight percent (8%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis. 2. Employees hired on or after December 22, 2012, the full seven percent (7%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis. 3. Employees hired on or after January 1, 2013, shall pay 50% of the normal cost rate for the benefit formula 2% at Age 62 via payroll deduction on a pre-tax basis (Government Code Section ) Survivor Benefit. Each employee will pay the employee share required by CalPERS (currently $2.00 per month) and the City will pay the employer costs. SECTION 12 SOCIAL SECURITY In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law shall be the responsibility of the employee, an shall be paid in full by the employee and the City shall not be obligated to pay or pick-up any portion thereof. City Council Meeting of 5/24/2016 5PM Page 184

185 Resolution No. B.P.M.U. COMPENSATION PLAN Page 8 Item 10 INSURANCE SECTION 13 MEDICARE Employees hired by the City on or after April 1, 1986, shall pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or pick-up any such contribution. SECTION 14 MEDICAL INSURANCE A. The City shall provide group medical insurance under the California Public Employees' Medical and Hospital Care Act (PEMHCA). B. City Contribution. The City shall contribute the following monthly amounts for group medical insurance. Any additional contribution necessary to maintain group medical insurance shall be borne solely by the employee. 1. Persons Hired On or Before June 30, Employees For coverage effective July 1, 2015 Employee Only $ Employee & 1 Dependent $1, Employee & 2 + Dependents $1, Retirees Retiree Only $ Retiree & 1 Dependent $ Retiree & 2 + Dependents $ Persons Hired On or After July 1, Employees For coverage effective July 1, 2015 Employee Only $ Employee & 1 Dependent $1, Employee & 2 + Dependents $1, City Council Meeting of 5/24/2016 5PM Page 185

186 Resolution No. B.P.M.U. COMPENSATION PLAN Page 9 Item 10 Retirees The City s contribution for retirees who were hired on or after July 1, 1999 is determined by the California Public Employees Retirement System (CalPERS) in accordance with Section of the Public Employees Medical and Hospital Care Act (PEMHCA). The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index. For coverage effective January 1, 2015: $122.00/month per retiree For coverage effective January 1, 2016: $125.00/month per retiree For coverage effective January 1, 2017: $128.00/month per retiree For coverage effective January 1, 2018: To be determined by CalPERS C. EXCESS MEDICAL. An employee who selects a health insurance plan which costs less than the City s maximum monthly contribution may have the difference placed in his/her deferred compensation account, purchase products available through the City s Cafeteria Plan, or receive a cash payout. For example, an employee with no dependents is entitled to a maximum monthly contribution of $ per month. If he/she has a health insurance plan which costs $ per month the employee is entitled to $ per month in excess medical. However, Council members who select a health insurance plan which costs less than the City s maximum monthly contribution must apply the difference to his/her deferred compensation account. D. WAIVER OF MEDICAL INSURANCE. 1. An employee may elect to not be covered by a City group medical insurance plan if he/she provides proof of coverage from another group medical insurance source. The City may require proof of coverage at any time. 2. The City will contribute the employer rate equal to the Employee Only total monthly amount to the flexible spending account of employees who elect not to be covered by the City's health insurance. An eligible employee may elect to have the City s monthly contribution applied to his/her deferred compensation account, the purchase of products offered through the Cafeteria Plan, and/or receive a cash payout. However, Council members who elect to waive the City s health insurance must apply the City s monthly contribution to his/her deferred compensation account. E. SERVICE RETIREMENT ACCOUNT (SRA). In addition to the Contribution pursuant to the CalPERS Contract, employees hired on or after July 1, 1999, will be allowed to bank accrued sick leave time for use upon Retirement from Service, into a Service Retirement Account to defer out-of-pocket expenses for purchasing group medical insurance under the City s program. The City will participate in the SRA by matching the employee contribution on a two-for-one basis. City Council Meeting of 5/24/2016 5PM Page 186

187 Resolution No. B.P.M.U. COMPENSATION PLAN Page 10 Item SRAs are not subject to fellow employee donations of sick leave or any other leave provisions. However, the SRA will be coordinated with the City s Sick Leave Buyback program. 2. To be eligible, an employee must have a sick leave balance of at least 480 hours, and must maintain at least 480 hours of sick leave after making such deposit. 3. An eligible employee may place up to one-half of any unused portion of his/her annual sick leave accrual into the SRA, with the City matching contribution of two-to-one. This provision will be coordinated with the Sick Leave buyback provision, thereby limiting buyback and SRA deposits to one-half of any unused portion of their annual sick leave accrual. 4. The SRA is not subject to bearing interest. Eligible employee deposits and the City s matching contributions are flat deposits. 5. Sick leave placed in the SRA will be converted into cash at the employee s base pay rate and thus will no longer be available as sick leave once deposited in the SRA. 6. The donor employee shall have two options for withdrawal of funds from the SRA. a. At the option of the employee, upon retirement from service, the SRA will be paid at the then-hourly rate for the depositor. This shall include the employee contribution as well as the City s matching portion, which will be used to offset/defer costs associated with purchasing group medical insurance plans during retirement. b. The employee may, at any time, withdraw hours from the SRA to convert to cash, and will be paid at the base pay rate in effect when the original deposit was made. An employee making an early withdrawal from the SRA shall not be entitled to any of the City s matching contribution, and shall lose that equal portion of the matching contribution as was withdrawn, i.e., two-to-one. 7. In the event that a participating employee separates from employment on other than a Retirement from Service (Service Retirement or Disability Retirement), the City shall payoff only the employee s portion of the contributions made to the SRA, at the base pay rate for each deposit, and shall not be entitled to any of the City s matching contribution. 8. In the event the SRA survives an active employee, or a retired employee, the City will pay off the balance of the employee s contribution to the survivor of record. Payment will be at the then-current base pay rate for the active City Council Meeting of 5/24/2016 5PM Page 187

188 Resolution No. B.P.M.U. COMPENSATION PLAN Page 11 Item 10 employee and/or at the base pay rate of withdrawal for retired employee, including the City s matching contribution. 9. The City reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Determinations shall be made in a manner that no employee shall lose his/her portion of the SRA and the City will not lose its portion of the matching contribution. Any determinations made in hearing a dispute to grant the City s portion of the matching contribution will be made on a case-by-case basis, and will not be determined to be a past practice or official policy of the City. Any person employed by the City prior to July 1, 1999 who is not currently a member of this unit of representation shall enjoy all benefits and rights of those employees hired prior to July 1, 1999, upon later occupying a position within this unit of representation. 10. Effective July 21, 2012, employees not currently enrolled in the SRA program are not eligible to enroll in this program. This program is closed to new enrollees. SECTION 15 DENTAL INSURANCE A. The City shall continue to provide the current dental program for both employees and their eligible dependents under the age of 26. B. Each employee is responsible for choosing one of the three plans listed below. In the event that no choice is made, the employee will be deemed to have chosen no dental insurance coverage. C. Employees may switch plans only during the open enrollment period designated by the City. D. PAYMENT OF PREMIUMS. Employees shall pay the amounts shown below. Any additional amount necessary to maintain group dental insurance shall be paid by the City /50 PLAN. The insurance carrier pays 50% of major expenses (up to a maximum of $1,500 per calendar year) and the employee pays 50%. Monthly Employee Only $3.00 Employee & 1 Dependent $5.00 Employee & 2 + Dependents $ /20 PLAN. The insurance carrier pays 80% of major expenses (up to a maximum of $1,500 per calendar year) and the employee pays 20%. City Council Meeting of 5/24/2016 5PM Page 188

189 Resolution No. B.P.M.U. COMPENSATION PLAN Page 12 Item 10 Monthly Employee Only $10.00 Employee & 1 Dependent $15.00 Employee & 2 + Dependents $ HMO PLAN. The insurance carrier pays a portion of all services based on the fee schedule. Employees who enroll in this plan do not pay any monthly premium. Each employee is responsible for any co-payment associated with this plan. SECTION 16 LONG TERM DISABILITY INSURANCE A. The City shall pay the entire premium for a City-owned long-term disability insurance policy affording coverage to each active employee. B. The policy shall have a benefit waiting period of 60 calendar days of continuous disability. Anytime after the expiration of the benefit waiting period, the employee may apply for this insurance and may use accrued leave pursuant to the City s policy thereon. C. The maximum benefit for total disability shall be 66 2/3 of the eligible employee s basic monthly earnings as defined in the policy document, or $2,500 per month, whichever is less. SECTION 17 LIFE INSURANCE A. The City shall provide group term life insurance (including accidental death and dismemberment) for each employee (either full-time or part-time) in the amount of $50,000. Each employee, at his/her own expense, may purchase additional life insurance from the insurer through the City. B. The City shall provide group term life insurance, (including accidental death and dismemberment,) in the amount of $1,500 for each employee s: 1. legal spouse or registered domestic partner, and/or 2. children under the age of 19. SECTION 18 CAFETERIA PLAN A. The City shall provide a full flexible Cafeteria Plan under IRS Code Section 125, to include Premium Only Conversion and Health Care Spending and Dependent Care Accounts. B. The City and individual participants shall divide the cost of the third-party administration service fee. Service fees are to be paid only by employees enrolled in the Health Care Spending Account and/or Dependent Care Spending Account. City Council Meeting of 5/24/2016 5PM Page 189

190 Resolution No. B.P.M.U. COMPENSATION PLAN Page 13 Item 10 There is no service fee for participants in the Premium Only Conversion plan. The service fee may be amended from time to time by the City and the third-party administrator. The City will consult with employees prior to increasing any deduction from employees for any plan year. C. The City will utilize any assets remaining in the plan at the end of each plan year to off-set service fees for employees enrolled in either the Health Care Spending Account and/or Dependent Care Spending Account. Plan year is as defined in the plan documents. This item is governed by the Cafeteria Plan documents as it relates to Plan Year. Asset utilization to off-set service fees shall be determined no later than June 30 of any subsequent year. SECTION 19 ADMINISTRATION A. 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 this Compensation Plan, provided that the benefits of the employees shall be substantially the same prior to implementation of this Compensation Plan. B. If, during the term of this Compensation Plan, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall meet with the Association prior to any change of insurance carrier or method of funding the coverage. C. All group insurance benefits shall be provided and calculated in accordance with the City s contracts with insurance providers. City Council Meeting of 5/24/2016 5PM Page 190

191 Resolution No. B.P.M.U. COMPENSATION PLAN Page 14 Item 10 LEAVES SECTION 20 HOLIDAYS A. The following dates, and such other days or portion of days as may be designated by motion of the City Council, shall be observed as paid. New Year s Day January 1 Washington s Birthday 3 rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1 st Monday in September Veteran s Day November 11 Thanksgiving Day 4 th Thursday in November Day after Thanksgiving Friday following 4 th Thursday in November Day before Christmas December 24 Christmas Day December 25 C. In addition to the above, one floating holiday per fiscal year may be earned by Mid- Management Group Employees (Executive Management Group Employees are not eligible). This floating holiday shall be designated by the employee and requires management approval, in advance, before it is taken. New hires must be employed for three months before becoming eligible for the floating holiday. D. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. When a holiday occurs on a Sunday, the following Monday will be observed. When a holiday occurs on an off-friday, the preceding Thursday shall be observed. E. Holiday Closure. The City shall close the City Hall, City Yard, and Community Center facilities to the public during the holiday period between Christmas Eve and New Year's Day. During the closure, employees will have the option to use accrued Vacation, Management Leave, or Floating Holiday, or leave without pay, or work on those days. Employees without sufficient accrued leave time to cover the holiday closure may borrow from future vacation accrual. The City maintains the right to determine the essential services which still operate during this closure period. SECTION 21 VACATION A. ACCRUAL. Vacation shall accrue to each management full-time employee at the following rates: City Council Meeting of 5/24/2016 5PM Page 191

192 Resolution No. B.P.M.U. COMPENSATION PLAN Page 15 Item 10 Mid - Management Years of Service Vacation Hours Accrued Less than 5 years 10 days vacation ( 80 hours) 5 to 10 years 15 days vacation (120 hours) 10 to 15 years 20 days vacation (160 hours) 15 years or more* 15 days vacation (120 hours)* *Vacation accrual reduced pursuant to longevity pay benefit Executive Management Years of Service Vacation Hours Accrued Less than 5 years 10 days vacation ( 80 hours) 5 to 10 years 15 days vacation (120 hours) 10 years service of service and over 20 days vacation (160 hours) B. ACCUMULATION. Accumulation of vacation leave in excess of that earned in two years is prohibited. All vacation leave exceeding the authorized accumulation shall be forfeited. C. USAGE. Vacation leave taken shall not be in excess of that actually earned at the time the vacation starts. 1. Each employee must take at least 40 hours of vacation each fiscal year. 2. The time during the calendar year at which an employee shall take vacation shall be determined with particular regard for the needs of the service and due regard for the wishes of the employee. 3. In the event one or more municipal holidays falls within a vacation leave, such days shall not be charged as vacation leave, and the vacation leave shall be extended accordingly for employees eligible for such holidays. 4. Any leave of absence without pay shall not accrue vacation leave for each 30 day period of such leave. 5. No employee shall be entitled to any vacation until completion of 12 months of continuous service, with the exception of using Executive Leave and Floating Holiday. 6. All usage of vacation and compensation time should be requested and approved by the employee's department head or designee at least two days prior to the start of vacation time. City Council Meeting of 5/24/2016 5PM Page 192

193 Resolution No. B.P.M.U. COMPENSATION PLAN Page 16 Item 10 D. ANNUAL CONVERSION. Mid-Management - Once each fiscal year, an employee may elect to convert up to 55 hours of vacation leave into a cash payment at the employee s then-current rate of base pay. To be eligible for this option, the employee must utilize 40 hours of vacation leave in the preceding fiscal year. Unused Management Leave may not be used for cash payment. Notwithstanding the above paragraph, an employee may convert up to a maximum of 80 hours of annual vacation leave into a cash payment as long as the employee has 240 hours, or more, of annual vacation leave on the books after the conversion. 2. Executive Management - Once each fiscal year, an employee may elect to convert up to 80 hours of any combination of vacation and/or management leave into a cash payment at the employee s then-current rate of base pay. The maximum payment for those executive management employees receiving longevity pay shall be limited to 55 hours. However, an employee receiving longevity pay may convert up to a maximum of 80 hours of any combination of vacation and/or management leave into a cash payment as long as the employee, or more, of annual vacation leave on the books after the conversion. E. VACATION PAY AT SEPARATION. Upon separation, an employee will receive compensation at the current rate of base pay for all unused earned vacation up to and including the date of separation. 1. An employee who separates while serving a probation period in a classification to which the employee has been promoted shall receive separation vacation pay based on the hourly equivalent of the base pay received immediately prior to promotion, provided the employee has successfully completed a probation period in the classification from which the employee was promoted. 2. An employee who has not completed 12 months of continuous service shall not receive separation vacation pay for regular vacation. F. CONTINUOUS SERVICE. For the purpose of computing years of service, an employee s continuous service shall be based on the effective date on which the employee received initial probationary appointment in the City service. SECTION 22 MANAGEMENT LEAVE Management personnel are not eligible for paid overtime. Each employee shall receive 40 hours of management leave per fiscal year. Management leave must be taken by June 30th each year and no part of it may be carried over into the next fiscal year. Mid-management employees unused management leave may not be used for cash payment. City Council Meeting of 5/24/2016 5PM Page 193

194 Resolution No. B.P.M.U. COMPENSATION PLAN Page 17 Item 10 Additional time may be granted by the employee s department head for time spent at required meetings and special events. The definition of meetings and special events includes: City job-related emergencies. City Council meetings. City Commission or Committee meetings. Any meeting or special event approved in advance by the department head or his/her designee. A. ACCRUAL. SECTION 23 SICK LEAVE 1. Each full-time employee shall accrue sick leave with pay at the rate of eight hours for each full calendar month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. 2. Any leave of absence without pay exceeding 15 consecutive days shall result in no accrual of sick leave during the consecutive days of the employee s leave of absence without pay that is in excess of 15 consecutive days. B. ACCUMULATION. Sick leave may be accumulated without limit. C. USAGE. 1. Eligibility for Use of Sick Leave. Sick leave may be taken only when the employee has sick leave credits. An employee shall be eligible to take sick leave after he/she has worked one full calendar month. 2. Sick leave may be granted only with the approval of the department head and only in case of a bona fide illness or medical/dental appointments of the employee. The department head may require a physician s certificate or other evidence of the adequacy of the reason for the employee s absence during the period for which sick leave was requested. 3. Sick leave may also be used for a bona fide illness or medical/dental appointments of a family member (spouse, child, brother, sister, mother, father, mother-in-law, father-in-law, grandmother, grandfather) when the presence of the employee is required up to a maximum of three days per individual situation. The department head may require a physician s certificate or other evidence of the adequacy of the reason for the employee s absence during any period for which sick leave was requested. City Council Meeting of 5/24/2016 5PM Page 194

195 Resolution No. B.P.M.U. COMPENSATION PLAN Page 18 Item Maternity leave. The employee shall submit a doctor s statement approving her fitness to continue working for a specified term. A post-natal release from the doctor must be submitted prior to returning to work. 5. Sick leave shall not be used in lieu of, or added to, vacation. Accrued vacation leave may be used for sickness when all sick leave has been taken. 6. Sick leave during vacation. An employee who becomes ill while on vacation may have such period of illness charged to accumulated sick leave instead of to vacation, provided that immediately upon return to duty, the employee submits to the department head a written request for sick leave and a written statement signed by the employee s physician describing the nature and dates of the illness. 7. Limitations. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for all of the following reasons: a. Disability or illness arising from compensated employment other than with the City of Buena Park. b. Leave of absence without pay. c. Absence because of intoxication or for the purpose of recovering from intoxication. D. MEDICAL LEAVE OF ABSENCE. Upon written request of the employee and recommendation of the department head, the City Manager may authorize in writing a leave of absence without pay for the purpose of recovering from an illness, provided: 1. The employee has used all accumulated sick leave. 2. The employee has been continuously employed in the City service for at least one year. 3. The employee presents to the 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. 4. Prior to resuming duties, the employee may be required to take a medical examination at the employee s expense and as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager or designee in determining the employee s fitness to return to work. City Council Meeting of 5/24/2016 5PM Page 195

196 Resolution No. B.P.M.U. COMPENSATION PLAN Page 19 Item The maximum period of such leave shall be three calendar months. If the employee desires an extension, the employee shall follow the procedure described in subparagraph 3 above. E. PENALTY FOR ABUSE. When, in the judgment of the department head, the employee s reason for being absent because of alleged sickness is inadequate, the department head shall indicate on the payroll form that the absence was without pay. The department head may recommend to the City Manager that appropriate disciplinary action be imposed against the employee. F. ANNUAL BUYBACK PROGRAM. 1. To be eligible, an employee must have: a. 480 hours of accumulated sick leave as of the first pay period of July of the preceding year, and b. 480 hours of accumulated sick leave remaining after the cash out. 2. An employee who wishes to participate must file a written request with his/her department head within 30 days of the end of a fiscal year on June 30. This request will apply for the previous fiscal year sick leave accumulation. 3. Participants will be paid for 50% of the hours accrued during the fiscal year. These hours being paid will be deducted from the employee s sick leave bank. The remaining hours accrued, but not used, will remain in the employee s sick leave bank. Payment will be based at the employee s base hourly rate in effect at the time of payment. G. SICK LEAVE PAY ON SEPARATION. Except as herein provided, no payment shall be granted to an employee for accrued sick leave at the time of separation. Termination of an employee s continuous service, except by reason of layoff for lack of work or funds, shall abrogate all sick leave accrued at the time of such separation, regardless of whether the employee subsequently reenters the City service. Employees shall be compensated for unused sick leave upon honorable separation after 10 years of service or retirement in accordance with the following schedule: City Council Meeting of 5/24/2016 5PM Page 196

197 Resolution No. B.P.M.U. COMPENSATION PLAN Page 20 Item 10 Years of Service Maximum Sick Leave Hours Eligible for Payment (20% of 960) (30% of 960) (40% of 960) 20 or more 480 (50% of 960) All payments shall be at the employee s base hourly salary rate in effect on the date of separation. SECTION 24 BEREAVEMENT LEAVE Whenever an employee who is eligible to receive sick leave is compelled to be absent from duty by reason of the death (or critical illness where death appears imminent) of a family member, the employee shall, upon approval of the department head, be entitled to charge such absence to the employee's accumulated sick leave to a maximum of five working days for each such incident. Use of such leave shall not count against the sick leave buy back or deposits made to the SRA. Family member is defined as the employee s or spouse s: Father Mother Grandfather Grandmother Sibling(s) Child Spouse Grandchildren SECTION 25 WORKERS COMPENSATION A. An employee who is absent from duty because of an on-the-job injury sustained during City employment shall receive his/her normal pay during the first 27 calendar weeks of such accident, provided the employee returns to the City any compensation paid under the provisions of the California Workers Compensation Law for the corresponding period of time. During this maximum 27-week period, an employee so entitled shall continue to receive all forms of compensation he/she would be receiving as if at work. The employee shall also be eligible for consideration for merit pay increases during this period. B. After this maximum 27-week period, an employee who has not returned to work shall not receive any other form of compensation from the City, including, but not limited to, accrual of vacation and sick leave, holiday pay, special assignment pay, education pay or payment of group insurance premiums. An employee may not use City Council Meeting of 5/24/2016 5PM Page 197

198 Resolution No. B.P.M.U. COMPENSATION PLAN Page 21 Item 10 accumulated sick leave or vacation to supplement temporary disability indemnity payments. SECTION 26 JURY DUTY No deduction shall be made in the pay of an employee who serves on jury duty if the employee has waived or remitted the jury fee for such jury duty. An employee who serves on jury duty on a scheduled day off shall not be required to remit his/her jury fees for that day. If the employee has not so waived or remitted the jury fee, the employee shall be paid only for the time actually worked in the City position. An employee summoned to jury duty shall immediately notify his/her supervisor in writing. The employee shall remit to the City all fees and allowances payable for jury duty, less reimbursements from the court for meals, travel, or lodging. SECTION 27 OTHER LEAVES A. LEAVE WITHOUT PAY. Upon written recommendation of the department head, the City Manager may authorize a leave of absence without pay for a period not to exceed 30 calendar days in a calendar year. B. Authorized leaves of absence without pay of 30 calendar days or less, and leaves of absence with pay for any period shall not constitute an interruption of an employee s continuous service and shall not be deducted in computing total City service. Authorized leaves of absence without pay in excess of 30 calendar days, unless covered by the Family Medical Leave Act, shall be deducted in computing an employee s total City service for advancement in salary range and for other purposes specified in this MOU, but shall not serve to interrupt continuous service. C. MILITARY LEAVE. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting military leave shall present a copy of military orders to the department head prior to the beginning of the leave. Employees who present military orders for active duty status shall continue to receive all forms of compensation he/she would be receiving as if at work for the first 30 days of such absence in any one fiscal year (except weekend drills and/or training). Weekend drills and/or training are not considered active duty under the Military and Veterans Code and not eligible for salary continuation benefits. If an employee is called to inactive duty and must report to such duty on days the employee is scheduled to work, the employee must request the time off and use their leave banks for such absence if necessary. City Council Meeting of 5/24/2016 5PM Page 198

199 Resolution No. B.P.M.U. COMPENSATION PLAN Page 22 Item 10 WORKING CONDITIONS SECTION 28 PAY PERIODS A. The City shall utilize the biweekly payroll system. Pay periods shall begin at 12:01 a.m. every other Saturday and end at midnight the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception is when that Friday is a federal holiday the payday shall fall on the preceding business day. B. Direct Deposit. The City shall electronically deposit employees' paychecks into a savings or checking account designated by the employee. All employees shall participate in the City's direct deposit payroll program. Each employee shall be responsible for providing the Human Resources Department with the correct routing number and account number of his or her banking institution. SECTION 29 HOURS OF WORK AND SCHEDULES Unless otherwise prescribed in writing by the City Manager, the work week, work shift, and work schedule for each position shall be as follows: A. WORK WEEK. The work week for all full-time positions shall be 40 hours. B. WORK SHIFT. The work shift for all full-time positions scheduled on the 9/80 Work Plan shall be nine hours a day for eight days, and eight hours for one day for a total of 80 hours in a two-week period. C. WORK SCHEDULE. The work schedule for each position shall be as established by the department head. All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays, and holidays continuously on week days in accordance with the Alternative Work Schedule. D. ALTERNATIVE WORK SCHEDULES. The decision to implement any alternative work schedule, including the 9/80 Plan and the trial 4/10 Plan for the City Yard facility, is at the sole discretion of the City. The alternative work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Management Unit and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet-andconfer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action. Except in cases of emergency, the City shall provide two weeks notice to an employee of any changes in his/her work schedule. City Council Meeting of 5/24/2016 5PM Page 199

200 Resolution No. B.P.M.U. COMPENSATION PLAN Page 23 Item 10 SECTION 30 SUBSTANCE ABUSE DRUG POLICY A. It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. The parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers. B. It is in the best interest of the City, the Association, employees, and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe work environment, poor morale, and increased potential liability to the City. Under the influence means the knowing use of any illegal substance or alcohol or knowing misuse of a prescribed drug in a manner and to a degree that substantially impairs the employee's work performance or the ability to use City property or equipment safely. C. An employee, not on paid standby, who is called at home to return to work may decline to return if he/she feels physically unable to perform his/her job even if the employee perceives that the inability to perform is the result of having consumed alcoholic beverages. No reason need be given by the employee and the employee shall not be subjected to discipline for his/her refusal to return to work. D. The City provides an Employee Assistance program for employees who have problems with drugs and/or alcohol. Every effort shall be made by the City to refer employees who have such problems to this counseling service for assistance. E. The City may, upon showing of reasonable suspicion that this policy is being violated, compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on City time and at the City's expense. Reasonable suspicion is a belief based on objective and articulable facts sufficient to lead a reasonable and prudent supervisor to suspect that an employee is under the influence in that the employee s ability to perform the functions of the job is impaired or the employee s ability to perform his/her job safely is reduced. Allegations of harassment pursuant to this paragraph shall be reported to the Human Resources Department. The Human Resources Department shall conduct an investigation into the alleged harassment and take appropriate corrective action as a result of its investigation. Nothing contained herein shall limit the City's right to discipline or discharge any employee. SECTION 31 GRIEVANCE PROCEDURE A. DEFINITION. A grievance shall be considered as any matter for which appeal is not provided for concerning a dispute about the interpretation or application of any ordinance, rule, or regulation governing personnel practices or working conditions. City Council Meeting of 5/24/2016 5PM Page 200

201 Resolution No. B.P.M.U. COMPENSATION PLAN Page 24 Item 10 B. PURPOSE. 1. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. 2. To afford employees, individually or through qualified employee organizations, a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through discussions. 3. To provide that grievances shall be settled as near as possible to the point of origin. 4. To provide that grievances shall be heard and settled as informally as possible. C. PROCEDURE. Whenever an employee feels that the policy of the City is not being appropriately applied to his/her circumstance, he or she can file a grievance to resolve the dispute. The limitation on filing a grievance must be within sixty (60) calendar days from the date the employee or the Association first became aware of, or should have become aware of, the issue(s) underlying the grievance. To file a grievance, he or she shall take the following action(s): 1. The dispute should be discussed fully with the employee's most immediate supervisor, who should make every effort to resolve the dispute in a fair and equitable manner and in accordance with established policy. After the employee and the supervisor have discussed the incident, the supervisor will give the employee a verbal or written response within two working days. 2. The process described above shall continue through the line of supervision, up to and including the department head, if the aggrieved party is not satisfied with the resolution at the initial or preceding step(s). 3. Should the dispute not be resolved by the department head to the satisfaction of both parties, the employee will notify the Director of Human Resources of the dispute in writing. The Director of Human Resources will interview both parties in the dispute and others affected and report those findings to the City Manager and recommend steps to be taken to resolve the problem within the Department. Within 10 working shifts, the parties will be provided with a written response from the City Manager. The decision of the City Manager shall be the final step in the Administrative process. SECTION 32 ADVISORY ARBITRATION City Council Resolution 1883, Personnel Rules and Regulations, Rule XVI, Section 2 and Section 5 shall be amended and is incorporated herein and attached as Exhibit F. City Council Meeting of 5/24/2016 5PM Page 201

202 Resolution No. B.P.M.U. COMPENSATION PLAN Page 25 Item 10 SECTION 33 ANNUAL PHYSICAL EXAMINATION Each employee is eligible for an annual physical examination by the City s medical examiner, or by a private physician upon written request to the Human Resources Department. The City will pay a private physician an amount equal to the amount paid to the City medical examiner, and the employee shall be responsible for paying any additional amounts required beyond the City s contribution. SECTION 34 CITY COUNCIL BENEFITS Members of the City Council shall be eligible to receive retirement, health and welfare, automobile, deferred compensation, and other benefits provided for in this Compensation plan to the extent consistent with Government Code Sections 36516, and et seq. and any other applicable legal requirements. City Council Meeting of 5/24/2016 5PM Page 202

203 Resolution No. B.P.M.U. COMPENSATION PLAN Page 26 Item 10 EXHIBIT A MANAGEMENT SALARY SCHEDULE EFFECTIVE JANUARY 8, 2016 Mid-Management Step 1 Step 2 Step 3 Step 4 Step 5 Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Assistant City Engineer , , , , , , , , , ,923 Assistant to the City Manager ,555 90, ,926 95, ,311 99, , , , ,793 Associate Engineer ,376 88, ,739 92, ,119 97, , , , ,183 Building & Safety Manager ,739 92, ,120 97, , , , , , ,445 Code Enforcement Supervisor ,697 80, ,024 84, ,367 88, ,726 92, ,103 97,233 Communications and Marketing Manager ,376 88, ,739 92, ,119 97, , , , ,183 Community Services Supervisor ,937 71, ,227 74, ,533 78, ,851 82, ,183 86,201 Economic Development Administrator , , , , , , , , , ,631 Economic Development Manager ,739 92, ,120 97, , , , , , ,445 Facilities Maintenance Supervisor ,361 64, ,629 67, ,910 70, ,206 74, ,517 78,202 Field Operations Manager , , , , , , , , , ,923 Finance Manager ,124 97, , , , , , , , ,109 Fleet Maintenance Supervisor ,792 69, ,075 72, ,374 76, ,683 80, ,008 84,100 Parks and Recreation Manager ,026 84, ,371 88, ,733 92, ,110 97, , ,091 Planning Manager ,739 92, ,120 97, , , , , , ,445 Purchasing Manager ,124 97, , , , , , , , ,109 Sr. Human Resources Analyst ,376 88, ,739 92, ,119 97, , , , ,183 Sr. Management Analyst ,376 88, ,739 92, ,119 97, , , , ,183 Street Maintenance Superintendent ,697 80, ,024 84, ,367 88, ,726 92, ,103 97,233 Utilities Manager ,124 97, , , , , , , , ,109 Visit Buena Park Director ,739 92, ,120 97, , , , , , ,445 Visitor Services and Sales Manager ,702 44, ,888 46, ,081 48, ,286 51, ,500 53,995 City Council Meeting of 5/24/2016 5PM Page 203

204 Resolution No. B.P.M.U. COMPENSATION PLAN Page 27 Item 10 EXHIBIT A MANAGEMENT SALARY SCHEDULE EFFECTIVE JULY 4, 2015 Minimum Control Point Executive Management Annual Monthly Hourly Annual Monthly Hourly Director of Community Development 126,797 10, ,437 14, Director of Community Services 126,797 10, ,566 12, Director of Finance 126,797 10, ,437 14, Director of Human Resources / Risk Management 126,797 10, ,158 13, Director of Public Works / City Engineer 126,797 10, ,437 14, *Monthly and Annual Salary are only approximate rates based on the Hourly conversion. City Council Meeting of 5/24/2016 5PM Page 204

205 Resolution No. B.P.M.U. COMPENSATION PLAN Page 28 Item 10 EXHIBIT B MANAGEMENT SALARY SCHEDULE EFFECTIVE JULY 2, 2016 Mid-Management Step 1 Step 2 Step 3 Step 4 Step 5 Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Assistant City Engineer , , , , , , , , , ,401 Assistant to the City Manager ,706 92, ,084 97, , , , , , ,989 Associate Engineer ,524 90, ,893 94, ,281 99, , , , ,327 Building & Safety Manager ,893 94, ,283 99, , , , , , ,694 Code Enforcement Supervisor ,831 81, ,165 85, ,515 90, ,881 94, ,265 99,178 Communications and Marketing Manager ,524 90, ,893 94, ,281 99, , , , ,327 Community Services Supervisor ,056 72, ,351 76, ,663 79, ,988 83, ,327 87,925 Economic Development Administrator , , , , , , , , , ,364 Economic Development Manager ,893 94, ,283 99, , , , , , ,694 Facilities Maintenance Supervisor ,468 65, ,742 68, ,029 72, ,330 75, ,647 79,766 Field Operations Manager , , , , , , , , , ,401 Finance Manager ,286 99, , , , , , , , ,472 Fleet Maintenance Supervisor ,908 70, ,196 74, ,501 78, ,817 81, ,149 85,782 Parks and Recreation Manager ,167 85, ,518 90, ,888 94, ,272 99, , ,133 Planning Manager ,893 94, ,283 99, , , , , , ,694 Purchasing Manager ,286 99, , , , , , , , ,472 Sr. Human Resources Analyst ,524 90, ,893 94, ,281 99, , , , ,327 Sr. Management Analyst ,524 90, ,893 94, ,281 99, , , , ,327 Street Maintenance Superintendent ,831 81, ,165 85, ,515 90, ,881 94, ,265 99,178 Utilities Manager ,286 99, , , , , , , , ,472 Visit Buena Park Director ,893 94, ,283 99, , , , , , ,694 Visitor Services and Sales Manager ,776 45, ,966 47, ,162 49, ,371 52, ,590 55,075 City Council Meeting of 5/24/2016 5PM Page 205

206 Resolution No. B.P.M.U. COMPENSATION PLAN Page 29 Item 10 EXHIBIT B MANAGEMENT SALARY SCHEDULE EFFECTIVE JULY 2, 2016 Minimum Control Point Executive Management Annual Monthly Hourly Annual Monthly Hourly Director of Community Development 129,334 10, ,827 14, Director of Community Services 129,334 10, ,645 13, Director of Finance 129,334 10, ,827 14, Director of Human Resources / Risk Management 129,334 10, ,382 13, Director of Public Works / City Engineer 129,334 10, ,827 14, *Monthly and Annual Salary are only approximate rates based on the Hourly conversion. City Council Meeting of 5/24/2016 5PM Page 206

207 Resolution No. B.P.M.U. COMPENSATION PLAN Page 30 Item 10 EXHIBIT C MANAGEMENT SALARY SCHEDULE EFFECTIVE JULY 1, 2017 Mid-Management Step 1 Step 2 Step 3 Step 4 Step 5 Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Assistant City Engineer , , , , , , , , , ,198 Assistant to the City Manager ,938 95, ,328 99, , , , , , ,360 Associate Engineer ,749 92, ,131 97, , , , , , ,606 Building & Safety Manager ,131 97, , , , , , , , ,135 Code Enforcement Supervisor ,037 84, ,381 88, ,740 92, ,117 97, , ,161 Communications and Marketing Manager ,749 92, ,131 97, , , , , , ,606 Community Services Supervisor ,238 74, ,542 78, ,864 82, ,199 86, ,547 90,557 Economic Development Administrator , , , , , , , , , ,549 Economic Development Manager ,131 97, , , , , , , , ,135 Facilities Maintenance Supervisor ,633 67, ,915 70, ,210 74, ,520 78, ,848 82,166 Field Operations Manager , , , , , , , , , ,198 Finance Manager , , , , , , , , , ,079 Fleet Maintenance Supervisor ,086 73, ,383 76, ,696 80, ,022 84, ,363 88,350 Parks and Recreation Manager ,383 88, ,744 92, ,126 97, , , , ,252 Planning Manager ,131 97, , , , , , , , ,135 Purchasing Manager , , , , , , , , , ,079 Sr. Human Resources Analyst ,749 92, ,131 97, , , , , , ,606 Sr. Management Analyst ,749 92, ,131 97, , , , , , ,606 Street Maintenance Superintendent ,037 84, ,381 88, ,740 92, ,117 97, , ,161 Utilities Manager , , , , , , , , , ,079 Visit Buena Park Director ,131 97, , , , , , , , ,135 Visitor Services and Sales Manager ,890 46, ,085 49, ,287 51, ,504 54, ,728 56,730 *Monthly and Annual Salary are only approximate rates based on the Hourly conversion. City Council Meeting of 5/24/2016 5PM Page 207

208 Resolution No. B.P.M.U. COMPENSATION PLAN Page 31 Item 10 EXHIBIT C MANAGEMENT SALARY SCHEDULE EFFECTIVE JULY 1, 2017 Minimum Control Point Executive Management Annual Monthly Hourly Annual Monthly Hourly Director of Community Development 133,213 11, ,011 14, Director of Community Services 133,213 11, ,337 13, Director of Finance 133,213 11, ,011 14, Director of Human Resources / Risk Management 133,213 11, ,984 13, Director of Public Works / City Engineer 133,213 11, ,011 14, *Monthly and Annual Salary are only approximate rates based on the Hourly conversion. City Council Meeting of 5/24/2016 5PM Page 208

209 Resolution No. B.P.M.U. COMPENSATION PLAN Page 32 Item 10 EXHIBIT D COMPENSATION PLAN A. PURPOSE. The purpose of this Plan is to establish a Merit system of compensation based upon performance and productivity, with due consideration for all qualities of service and contribution to the City. B. SALARY RANGES. The establishment of salary ranges and the allocation of classes thereto shall be by Resolution of the City Council. Full-time Regular, Probationary, Provisional, Temporary and Acting Appointments. An employee having a regular, probationary, or acting appointment that is on a full-time basis, shall be compensated at a biweekly rate as determined by the City Manager, subject to the provisions of this Resolution. C. RESPONSIBILITIES OF CITY MANAGER. At least annually, the City Manager shall review the existing Compensation Plan and recommend to the City Council a salary range for each class for which the City Manager is appointing authority. In determining salary ranges, consideration shall be given to both basic pay, fringe benefits, and working conditions. D. STRUCTURE OF THE COMPENSATION PLAN. The Compensation Plan consists of salaries for each class as shown in Exhibit A designated as Management Salary Schedule. E. EXECUTIVE MANAGEMENT SALARY RATES AND PAY STRUCTURE. The basic structure of the Executive Management pay plan includes a minimum point, control point and maximum point. The control point is a point in the salary range which has been determined through the application of labor market data and internal relationship guidelines. Progression from the minimum point to the control point is based upon performance only. 1. Salary ranges are established as follows: Salary ranges should consist of a spread of approximately 25 percent with a control point established 20 percent into the range. Specifically: a. The control point of a range should be set to that salary level established through the application of labor market data and internal relationship guidelines. b. The minimum point of the range shall be set 20 percent below the control point (i.e., control point divided by 1. 20). c. The maximum point of the range should be set 5 percent above the control point (control point multiplied by 1. 05). City Council Meeting of 5/24/2016 5PM Page 209

210 Resolution No. B.P.M.U. COMPENSATION PLAN Page 33 Item 10 d. A 2-1/2% differential has been established between control points of the ranges. 2. Pay Increases within the Range. In providing pay increases within the salary range, the following administrative guidelines will be applied: Salary increases within the range for employees in an existing job classification may be based on general, merit, or equity increases. a. New Department Head employees may be appointed anywhere in the salary range. b. Department Heads are eligible for a pro-rata salary increase after completion of six months of service given acceptable work performance. This increase shall be made only if recommended and approved by the City Manager. c. Any Department Head who demonstrates acceptable performance would normally progress to the control point over time, with salary increases awarded flexibly within the range at the City s discretion. d. Employees at control point will be handled on a case by case basis. e. Merit adjustments should be granted based on the employee s job performance, with high achievers receiving proportionately larger pay increases. Job performance below acceptable standards may result in an employee not receiving a merit increase, or receiving a deferred increase, regardless of the employee s placement within the salary range. f. As an employee moves from one range to another by promotion, reclassification or transfer, he/she shall be placed within the new range at no less than 5% above current salary. Actual placement shall be at the discretion of the City Manager. g. Adjustments shall be considered on an annual basis. Progression to the control point is based solely upon performance. F. COMPENSATION PROCEDURE MID-MANAGEMENT. 1. The Salary Schedule for mid-managers is divided into five steps or salary rates. Step 1 is designated as an "entry level" step; the four additional steps are numbered 2 through Each class of position in management is designated to the proper Range Number in the Salary Schedule as shown in Exhibit A. City Council Meeting of 5/24/2016 5PM Page 210

211 Resolution No. B.P.M.U. COMPENSATION PLAN Page 34 Item In General. Except as otherwise provided herein, all new employees shall be appointed at the entry level step of the salary range in effect for the class in which the appointment is made. 4. Exceptions. The City Manager may authorize such new appointments at a salary rate up to Step 5, when it is determined that equity among employees and the interests of the city will best be served. 5. Employees are eligible to progress to Step 2 after completing 12 months of service at Step 1 with a performance rating of satisfactory or better. 6. Employees are eligible for additional salary increases to Steps 2 through 5 after completion of one year of service at the preceding step on their salary anniversary date. These increases shall be made only if recommended by the Department Head and approved by the City Manager and are awarded in recognition of good performance and as an incentive for continued work improvement. This requires an annual performance evaluation by the employees supervisor. G. COMPENSATION UPON PROMOTION. Every promotion from one class to a higher class shall carry a minimum salary increase of five percent. H. COMPENSATION ON DEMOTION. 1. Involuntary Demotion. An employee who is involuntarily demoted shall have the salary rate, at the time of demotion, reduced to the nearest lowest salary rate of the class of position to which the employee is demoted. The demoted employee shall not be required to serve a probation period in the lower position unless specifically determined by the City Manager. 2. Voluntary Demotion. An employee who requests demotion shall retain the current salary rate if such rate is within the salary range of the lower classification. If the employee s salary rate prior to the demotion was higher than the maximum salary of the lower position, the employee shall receive the latter. The employee shall not be required to serve a probationary period in the lower position unless specifically determined by the City Manager. I. FAILURE TO COMPLETE PROBATION PERIOD. The compensation of an employee who is rejected during a probation period in a classification and who is assigned to a classification having a lower salary range shall be as follows: 1. If the employee had previously completed a probation period in a lower classification, the employee shall not be required to serve another one; the employee s last salary rate in the lower position shall be the employee s new salary rate upon reassignment to that position, and the employee shall earn City Council Meeting of 5/24/2016 5PM Page 211

212 Resolution No. B.P.M.U. COMPENSATION PLAN Page 35 Item 10 eligibility to receive subsequent merit salary advancements in accordance with the rules. 2. If the employee had not previously completed a probation period in a lower classification, the effective date of the reassignment to that class shall be the employee s new probationary anniversary date and the employee shall be required to serve a probation period. J. COMPENSATION ON POSITION RECLASSIFICATION. The salary of an employee in a position that is reclassified shall be determined as follows: 1. Class with Same Salary Range. If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate and the salary review date of the employee shall not be changed. This provision shall also apply to a change of class title provided there is no change in the basic duties of the position. 2. Class with Higher Salary Range. If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, the salary of the employee shall be governed by the section on compensation upon promotion. 3. Class with Lower Salary Range. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, the employee s salary shall not change. The employee shall be temporarily Y rated until at such time the salary within the lower class meets or exceeds the employee s Y rated salary. The employee shall not be required to serve a new probation period. K. COMPENSATION ON TRANSFER. The salary rate and salary review date of an employee who is transferred in class shall not change. L. COMPENSATION FOR PORTION OF PAY PERIOD. A regular or probationary appointee serving on a full-time basis who works less than a full biweekly pay period, except when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee s hourly rate. The number of hours worked in such pay period shall include paid holidays. M. CHANGES IN CLASS SALARY RANGE. If a class is allocated to a different salary range, an employee in a position in that class shall be compensated at the same rate in the new range as the employee was receiving in the previous range, and the employee s salary review date shall not change. N. COMPENSATION FOR ACTING APPOINTMENTS. Subject to the following conditions, an employee who is required on the basis of an acting appointment to City Council Meeting of 5/24/2016 5PM Page 212

213 Resolution No. B.P.M.U. COMPENSATION PLAN Page 36 Item 10 serve in a class with a higher salary range than that of the class in which the employee is normally assigned shall receive the entry level salary rate of the higher salary range or the rate five percent higher than the rate the employee normally receives, whichever is greater, for all such hours assigned. 1. The employee must perform all the duties and assume all the responsibilities of the higher class. 2. Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of newly budgeted positions, where the needs of the City require that the position be filled. 3. Acting appointments shall not be permitted for a period in excess of six continuous months, except in the manner provided in Section of the Buena Park City Code. The City Manager must approve all such appointments meeting the criteria set forth in this paragraph. O. PROBATIONARY APPOINTMENT FOLLOWING PROVISIONAL APPOINTMENT. Notwithstanding the other provisions of this Resolution, a provisional appointee in a class who, without a break in service, receives a probationary appointment to a position in the same class, the employee s probation period shall commence with the date of his provisional appointment. Satisfactory completion of such probation period shall be on written recommendation of the Department Head and approval of the City Manager. P. CONSIDERATION OF EMPLOYEE REQUESTS. Any employee shall have the right to consideration by the City Manager of any request with respect to a claimed inequity resulting from the strict application of any of the sections contained herein. The employee shall submit to the Department Head a written statement of the claimed inequity and the employee s request, and the Department Head shall promptly forward the statement and the request, and the Department Head s written recommendation to the City Manager. Q. CONTINUITY OF SERVICE REQUIREMENTS. Continuous service, as required for advancement within salary ranges and for other purposes specified in this Resolution, is defined as City Employment on a probationary, regular, or acting appointment basis without break or interruption. Authorized leaves of absence without pay in excess of thirty (30) calendar days shall be deducted in computing an employee s total City Service for advancement in salary range and for other purposes specified in this Resolution but shall not serve to interrupt the employee s continuous service. City Council Meeting of 5/24/2016 5PM Page 213

214 Resolution No. B.P.M.U. COMPENSATION PLAN Page 37 Item 10 R. AVOIDANCE OF INEQUITIES. The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Resolution. S. ADMINISTRATIVE REGULATIONS. The City Manager is authorized to issue written administrative personnel regulations designed to augment or clarify the provisions of this Resolution. Prior to issuance such regulations shall be referred to the City Attorney as to their conformance with this Resolution. At least annually such regulations shall be considered for possible incorporation in a revision of this Resolution. City Council Meeting of 5/24/2016 5PM Page 214

215 Resolution No. B.P.M.U. COMPENSATION PLAN Page 38 Item 10 EXHIBIT E HIRING OF EMPLOYEE RELATIVES The hiring of relatives of City employees is based upon the following criteria: A relative is defined as a spouse, child, step-child parent, step-parent, parent-in-law, legal guardian, brother, sister, brother-in-law, sister-in-law, step-brother, step-sister, aunt, uncle, niece, nephew, grandchild, grandparent, regardless of their place of residence, or any other individual related by blood or marriage living within the same household as the City employee. An employee is defined as any person who receives a City payroll check for services, full or part-time rendered to the City of Buena Park. The employment of relatives of City employees within the City of Buena Park is limited to the following situations: Any relative of a Councilmember or the City Manager shall not be considered for employment within the City of Buena Park in any capacity, either full-time or part-time. Any relative of a City-appointed commissioner, board or committee member, or department manager may not be considered for employment within the department or area of responsibility of such City-appointed commissioner, board or committee member of department manager. The employment of relatives of all other City employees is prohibited within the department of the existing employee when such related employee may: perform joint duties, share responsibility or authority; report to the same immediate supervisor; or be supervised by or would supervise a relative. Relatives of City employees, except for relatives of Council members, the City Manager, City-appointed commissioners, board or department managers may be hired for seasonal assignments. However, such employment shall not exceed twenty percent (20%) of the compliment of seasonal employees in that classification and shall be selected only by an open recruitment process. City employees who are related as described above, shall not be affected in their current job status except when the City Manager determines that the circumstances of such employment raises an undue hardship upon the other employees within the particular work unit and that such employment is detrimental to the supervision, safety, security or morale of the particular work unit. If two existing City employees become married and their employment conflicts with the policy stated above, they may continue employment provided that such employment does not directly or indirectly place an undue hardship upon other employees within the particular work unit of the married couple and such employment is not detrimental to the supervision, safety, security or morale of the particular work unit. The City manager shall determine whether or not such detriment or undue hardship exists. City Council Meeting of 5/24/2016 5PM Page 215

216 Resolution No. B.P.M.U. COMPENSATION PLAN Page 39 Item 10 The City Manager is authorized to issue written guidelines to implement and enforce this policy. All determinations made by the City Manager shall be final and conclusive and not subject to Section of the Administrative Section of the City Code. In all situations where the City Manager determines a conflict to exist between existing or future related employees, the City Manager shall attempt to resolve such conflict in the following manner: Attempt to redefine the job responsibilities of the related employees within the department to minimize the conflict. If such redefinition of job status is not feasible, attempt to transfer one of the employees to a similar position (without guarantee or identical salary) that would not be in violation of this policy. If transfer is not feasible or acceptable, request the voluntary resignation of one of the employees. If one of the employees does not voluntarily resign, the employee with the least employment experience in the City of Buena Park may be discharged by the City Manager. City Council Meeting of 5/24/2016 5PM Page 216

217 Resolution No. B.P.M.U. COMPENSATION PLAN Page 40 Item 10 A. PURPOSE OF POLICY EXHIBIT F HARASSMENT IN EMPLOYMENT POLICY 1. To define and issue to all employees the City's policy of the prohibition of harassment in the workplace. 2. To fully inform all employees of their right to be free of unlawful harassment in the workplace. 3. To fully inform all employees that the City of Buena Park does not and will not tolerate harassment in the workplace. 4. To inform all employees of their rights if they believe that they are or have been the victim of harassment. 5. To provide a means for the prompt reporting and full and effective investigation of harassment complaints and to provide for effective remedial action against the harasser and for the victim. B. STATEMENT OF POLICY. It is the policy of the City that it will not tolerate verbal or physical conduct by any employee which harasses, disrupts, or interferes with another's work performance or which creates an intimidating, offensive, or hostile environment. Harassment by any employee, supervisor, manager or non-employee on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age is prohibited and will not be tolerated. Harassment violates Title VII of the Civil Rights Act of 1974, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission. All employees will be expected to comply with this policy and take appropriate measures to ensure that such conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this policy against harassment in the workplace. Based on the seriousness of the offense, disciplinary action will be taken up to and including termination. When a violation of this policy is reported, an investigation shall be conducted to determine if there was knowledge, or should have been knowledge, on the part of any supervisor, and whether any supervisor had failed to take immediate and appropriate corrective action. City Council Meeting of 5/24/2016 5PM Page 217

218 Resolution No. B.P.M.U. COMPENSATION PLAN Page 41 Item 10 Negligent supervision, tacit approval by turning a blind eye, treating the situation as a joke, failure to take action, or concealing a situation will subject the supervisor involved to disciplinary action. C. DEFINITION OF HARASSMENT. Harassment includes, but is not limited to: 1. Verbal Harassment - For example, epithets, derogatory comments or slurs on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. 2. Physical Harassment - For example, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. 3. Visual Forms of Harassment - For example, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. 4. Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned upon an employment benefit; unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. D. DEFINITION OF EMPLOYEE. For purposes of this policy, an employee shall be defined as any individual, regardless of classification, employed by the City of Buena Park, or volunteers working under the supervision of the City, vendors and contract employees. E. COMPLAINT PROCEDURE. Any employee who believes he or she has been the subject of harassment should report the alleged act immediately to his/her supervisor, his/her department head or Director of Human Resources. The limitation on reporting alleged acts of harassment must be within one year of the incident or incidents. If a complaint involves a supervisor or manager, the complaint shall be filed directly with the department head or Director of Human Resources. Any supervisor or department head who receives a harassment complaint is to immediately notify the Director of Human Resources to coordinate the investigation and complaint process. Upon notification of a harassment complaint, the department head will: 1. Inform the complainant of his or her right to initiate a complaint. City Council Meeting of 5/24/2016 5PM Page 218

219 Resolution No. B.P.M.U. COMPENSATION PLAN Page 42 Item Authorize the investigation of the complaint and supervise and/or investigate the complaint. 3. Investigation of a complaint will include interviewing the complainant, accused harasser and any named or apparent witnesses. Employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation. 4. All complaints will be handled in a timely and confidential manner. In no event will information be released to anyone who is not involved with the investigation; nor will anyone involved be permitted to discuss the subject outside the investigation. 5. Review factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment; giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance and the context in which the alleged incidents occurred. 6. Report the results of the investigation and the determination as to whether harassment occurred to the appropriate persons including complainant, alleged harasser, supervisor and the Director of Human Resources. 7. If harassment occurred, take and/or recommend to the department head or Director of Human Resources prompt and effective remedial action against the harasser. 8. Notify the victim that necessary steps of corrective action have been taken to resolve the problem. 9. Reasonable steps will be taken to protect the victim and other potential victims from further harassment. 10. Reasonable steps will be taken to protect the victim from any retaliation as a result of communicating the complaint. F. DISSEMINATION OF POLICY. All City employees, supervisors and managers shall receive a copy of this policy. All management personnel will be informed of their responsibilities in enforcing this policy. This policy shall be posted in appropriate places. City Council Meeting of 5/24/2016 5PM Page 219

220 Resolution No. B.P.M.U. COMPENSATION PLAN Page 43 Item 10 EXHIBIT G ADVISORY ARBITRATION With respect to the bargaining members in this unit, City Council Resolution 1883, Rule XVI shall be amended as follows: Section 2: Disciplinary Procedures (h) Appeal to City Manager: The employee, upon receipt of notice of the imposition of disciplinary action against him, shall have the right to appeal the Department Head s decision in writing to the City Manager, except that an oral or written reprimand may not be so appealed. Said appeal shall be delivered to the City Manager within ten (10) business days of the employee s receipt of notice of the imposition of discipline. Otherwise, the Department Head s action shall be final and binding. Should the employee desire to appeal the Department Head s decision directly to advisory arbitration rather than having the matter reviewed by the City manager, he may do so by filing with the Human Resources Director within ten (10) business days of his receipt of the notice of imposition of discipline by the Department Head, a written appeal to the City Council. Said written appeal shall be in form and content as required by these rules and, in addition, shall state that the employee knowingly and intentionally waives his opportunity to have the action of the Department Head first reviewed by the City manager. In such a situation, the provisions of subparagraphs (h) and (i) of this Section 2 shall be deemed inapplicable to the subject proceeding. (j) Advisory Arbitration: The employee, upon receipt of notice of the affirmation of disciplinary action against him by the City Manager, whether by way of total affirmation or modification of the Department Head s action, shall have the right to appeal the City Manager s decision in an advisory arbitration; except that an oral or written reprimand as provided by these Rules may not be so appealed. Said appeal shall be delivered to the Human Resources Director within ten (10) business days of the employee s receipt of notice of the City Manager s action. Otherwise, the City Manager s action shall be final and binding. The advisory arbitration shall be conducted in accordance with the provisions of Section 5 of this Rule XVI. Section 5: Advisory Arbitration (a) Any regular employee shall have the right to appeal a decision by the City Manager involving dismissal, demotion, reduction in pay or suspension, or of a Department Head, if City Manager review is waived by the employee, provided, however that only one (1) advisory arbitration hearing shall be allowed as to any one (1) disciplinary action. (b) The employee s appeal shall be heard in an advisory arbitration by an impartial hearing officer selected from a list of advisory arbitrators from the California State City Council Meeting of 5/24/2016 5PM Page 220

221 Resolution No. B.P.M.U. COMPENSATION PLAN Page 44 Item 10 Mediation and Conciliation Service (SMCS). The City will pay SMCS s fee for providing the list. (c) The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney. (d) The hearing officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party. (e) If both parties request that the hearing be recorded by a certified shorthand reporter, then the expenses for such recording services shall be borne equally by the City and the employee. If only one party requests that the hearing be recorded by a certified shorthand reporter, then that party alone will bear the expenses. Each party shall be responsible for any specialized or extraordinary services they might individually request. (f) The expenses for the hearing officer shall be borne equally by the City and the employee, and each party shall be responsible for expenses they incur. The maximum expense for the hearing officer borne by the employee is $2,000. (g) After the close of the hearing, the hearing officer shall prepare a written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Council and the employee within thirty (30) calendar days, or a longer period of time as stipulated by the parties. In rendering an award, the hearing officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same. (h) At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence. (i) Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party called him/her to testify, and to rebut the evidence against him/her. (j) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay City Council Meeting of 5/24/2016 5PM Page 221

222 Resolution No. B.P.M.U. COMPENSATION PLAN Page 45 Item 10 evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. (k) The City Council shall review the hearing officer s recommendation, but shall not be bound thereby. The City Council shall adopt, amend, modify or reject the recommended findings, conclusions and/or opinion of the hearing officer. Prior to making a decision which adopts the hearing officer s recommendation, the City Council may order and read the transcript, at the Council s discretion. Prior to making a decision which modifies or rejects the hearing officer s recommendation, the City Council shall order and read the transcript of the Board hearing. (l) The City Council shall not conduct a de novo hearing. The City Council may, at its sole option, allow limited oral arguments from either party before making a decision. (m) The decision of the City Council shall be final and binding, subject only to review by the courts under California Code of Civil Procedure section (n) The City staff shall notify the appellant in writing, within five working days of the City Council s decision. Such notice shall indicate the effective date of the action to be taken. City Council Meeting of 5/24/2016 5PM Page 222

223 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council ORDINANCE PERTAINING TO SALARIES FOR COUNCIL MEMBERS RECOMMENDED ACTION: 1) Adopt ordinance adjusting salaries for Council Members. PURPOSE: To adjust salaries for Council Members pursuant to the City Council Protocols which state that discussion of Council salary adjustments will be placed on the agenda at the time that the general employees receive cost of living adjustments. DISCUSSION: The monthly salary for Council Members is now fixed at $1,187 per month, which will go into effect December 13, The City Council Protocols state that discussion of Council salary adjustments will be placed on the agenda at the time the general employees receive cost of living adjustments. On May 24, 2016, the City Council will take action on a cost of living adjustment for general employees in the amount of 3 percent effective July 1, The proposed ordinance would increase City Council salary by 3 percent effective December 11, This salary adjustment for the City Council is in accordance with Government Code which states that increases shall not exceed 5 percent for each year from the date of the last adjustment. The law also requires that increases become effective only at the time one or more members of Council begin a new term of office which, for Year 2018, is anticipated to be December 11, BUDGET IMPACT: The salary increase will be reflected in the fiscal year budget. Prepared by: Approved by: Presented by: Shalice Tilton, City Clerk Jim Vanderpool, City Manager Eddie Fenton, Director of Human Resources and Risk Management ATTACHMENT: Ordinance

224 Item 11 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING SECTION OF THE BUENA PARK MUNICIPAL CODE PERTAINING TO SALARIES FOR CITY COUNCIL MEMBERS THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES ORDAIN AS FOLLOWS: Section 1: Section of the Buena Park Municipal Code is hereby amended to read in words and figures as follows: "Each member of the City Council shall receive, as salary, the sum of one thousand two hundred and twenty-three dollars per month, which shall be payable from and after the operative date of Ordinance No.. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the city. Salaries for city council members shall be prorated on the basis of a thirty-day month in the event any city council member leaves or assumes office." Section 2: The effective date of this ordinance shall be the date which one or more members of council begin a new term of office after July 1, 2017, which is anticipated to be December 11, PASSED AND ADOPTED this 24th day of May 2016 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS Mayor ATTEST: City Clerk I, Shalice Tilton, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was passed at a regular meeting of the City Council of the City of Buena Park held on the 24 th day of May City Council Meeting of 5/24/2016 5PM Page 224 City Clerk

225 Item 12 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council ORDINANCE AMENDING REGULATIONS APPLICABLE TO RETAINING AND DISPOSING OF ABANDONED PROPERTY AND AMENDING SECTION AND SUBSECTION A OF SECTION OF CHAPTER 3.23 OF ARTICLE 3 OF THE BUENA PARK MUNICIPAL CODE RECOMMENDED ACTION: 1) Adopt an ordinance amending regulations applicable to retaining and disposing of abandoned property and amending section and subsection A of section of Chapter 3.32 of Article 3 of the Buena Park Municipal Code. PURPOSE: To revise the current ordinance related to abandoned or unclaimed personal property in order to be consistent with state law. DISCUSSION: The Buena Park Municipal Code currently states the holding period for abandoned or unclaimed property is 180 days. In an effort to be more consistent with state law, the City Attorney s office has assisted staff in amending the City s current ordinance. Upon approval of the amendments, the City will reduce the holding period for abandoned or unclaimed property from 180 days to 90 days. As such, all property, other than soiled and unsanitary property (which can be disposed of immediately) will be kept for three months, regardless of their value. BUDGET IMPACT: There is no budget impact as a result of this item. Prepared by: Approved by: Presented by: Aaron France, Assistant to the City Manager Jim Vanderpool, City Manager Frank Nunes, Police Lieutenant ATTACHMENT: 1) Ordinance City Council Meeting of 5/24/2016 5PM Page 225

226 Item 12 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING REGULATIONS APPLICABLE TO RETAINING AND DISPOSING OF ABANDONED PROPERTY AND AMENDING SECTION AND SUBSECTION A OF SECTION OF CHAPTER 3.23 OF ARTICLE 3 OF THE BUENA PARK MUNICIPAL CODE The Buena Park City Council does hereby ordain as follows: Section 1. Section and Subsection A of Section of Chapter 3.32 of Title 3 of the Buena Park Municipal Code are amended to read as follows: Police department custody of property Holding period All lost, abandoned or unclaimed personal property, other than live animals, coming into the possession of the city or any officer or department thereof, shall immediately be turned over to the custody of the police department. Such personal property shall be held by the police department for a period of at least three months unless sooner claimed and restored, except that shopping carts need only be held for the period set forth in California Business and Professions Code section Sale at public auction required when Procedure A. If any lost, abandoned or unclaimed property shall remain unclaimed and unrestored for at least three months, such property shall be sold at public auction to the highest bidder at such time as the chief of police shall determine. Shopping carts shall be sold or disposed of as provided in California Business and Professions Code section Section 2. Severability The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 3: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner prescribed by law. City Council Meeting of 5/24/2016 5PM Page 226

227 Item 12 ORDINANCE NO. Page 2 PASSED AND ADOPTED this 24 th day of May 2016, by the following called vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Mayor ATTEST: City Clerk I, Shalice Tilton, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park held on the 24 th day of May City Clerk City Council Meeting of 5/24/2016 5PM Page 227

228 Item 13 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council AMENDMENT NO. 4 TO AN AGREEMENT WITH AEGIS ITS TO INCREASE THE FUNDING FOR CITY TRAFFIC SIGNAL EXTRAORDINARY MAINTENANCE RECOMMENDED ACTION: 1) Approve Amendment No. 4 to the Agreement with Aegis ITS in the amount of $90,000 to cover unforeseen extraordinary charges; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the Amendment; 3) Authorize the City Manager and City Clerk to execute the amendment; and 4) Approve a budget transfer in the amount of $90,000 from Gas Tax Fund. PURPOSE: To cover the costs of unforeseen maintenance requirements in the current traffic signal extraordinary maintenance contract. This increase will be funded by the Gas Tax Fund. DISCUSSION: The City of Buena Park s traffic signal system and maintenance operation has expanded in both the amount of infrastructure and the complexity of its technology. The Public Works Department maintains 77 traffic signals, 16 flashing beacons, 24 safe routes to school speed feedback signs, 322 safety lights, 283 internally illuminated street name signs, 32 closed circuit television cameras (CCTV), and approximately 31 miles of twisted copper and fiber-optic communication cable. In July 2012, through a competitive bidding process, the City awarded Aegis ITS an annual contract for traffic signal maintenance services for a term of one year with annual renewal options up to a maximum of three years. In August 2013, the one-year term of the agreement was amended to a two-year term (Amendment No. 1). This contract is divided into two portions: Routine Maintenance and Extraordinary Maintenance. The routine maintenance fee for one year of the contract is $83, (including monthly checks of each signalized intersection). Extraordinary maintenance and callouts were estimated to be $80, The combined contract amount for routine and extraordinary maintenance was budgeted at $164,000. The routine maintenance contract covers items such as monthly preventative maintenance checks, while the extraordinary maintenance contract covers items such as burnt out signal lights, broken pedestrian buttons, bad vehicle detection, and equipment knock downs. During the current contract period, there has been an unusually large amount of extraordinary maintenance required. Some of this is due to the fact that some of the equipment items are at the end of their life expectancy and are beginning to fail. However, there have been an unusually large number of traffic signal repairs, and in some cases the traffic signal poles or cabinets have been knocked down by vehicles. These knock downs are typically very expensive to repair as they require the purchase of new signal poles and related equipment in addition to the work to re-wire them. The City s Risk Manager does seek reimbursement for all equipment damaged caused by vehicle collisions. City Council Meeting of 5/24/2016 5PM Page 228

229 Page 2 AGENDA REPORT TO CITY COUNCIL Meeting Date: May 24, 2016 Subject: AMENDMENT NO. 4 TO AN AGREEMENT WITH AEGIS ITS TO INCREASE THE FUNDING FOR CITY TRAFFIC SIGNAL EXTRAORDINARY MAINTENANCE Item 13 The current budgeted amount for the extraordinary maintenance contract is $80, For the contract year this amount was sufficient, and for the contract year, the City paid an additional amount not to exceed $70,000 for extraordinary maintenance (Amendment No. 2). For the contract year, the City paid an additional amount not to exceed $83,000 for extraordinary maintenance (Amendment No. 3). In addition to the monies needed to finish out this contract term, the City currently has a shortfall of nearly $18,000 with five billing months remaining in the contract. For this reason, staff is asking that Council approve an amendment to the current agreement to increase the extraordinary maintenance account by $90,000 to cover the current shortfall, and supplement the contract until the end of its current term on September 3, BUDGET IMPACT: The current contract has a shortfall of $17, in addition to the estimated cost of $70,000 for the remaining five months of the contract. Staff proposes to amend the current contract with Aegis ITS by $90,000 to pay outstanding invoices and cover the remainder of the contract period until September 3, There are insufficient funds available in the Traffic Signal Improvements CIP account. Therefore, staff recommends utilizing funds from the unappropriated Gas Tax Fund (Account No ) to cover the shortfall. Future maintenance contracts and possible staffing changes will be discussed with the new Public Works Director, once appointed. Staff will bring back a plan for Council consideration. Prepared by: Approved by: Presented by: David Jacobs, Interim Director of Public Works Jim Vanderpool, City Manager Kristin Taylor, Assistant Engineer ATTACHMENTS: 1) Amendment No. 4 to Agreement No. C ) Agreement No. C-2426 (available in Council reading basket and Dropbox due to document size) 3) Budget transfer 4) Agenda Report from August 11, 2015 City Council Meeting of 5/24/2016 5PM Page 229

230 Item 13 Amendment No. 4 to Contract No. C-2426 CITY OF BUENA PARK Department of Public Works PROJECT NAME: Traffic Signal Maintenance Services SCOPE OF WORK: City-wide traffic signal maintenance services, including extraordinary maintenance services CONTRACTOR: Aegis ITS 3360 East La Palma Avenue Anaheim, CA Whereas, the City of Buena Park and Aegis ITS entered into Agreement No. C-2426, dated 08/14/12 ( Agreement ), as amended by Amendment No. 1 to Contract C-2426, dated 09/25/13 (Amendment 1) and Amendment No. 2 to Contract C-2426, dated 9/23/14 (Amendment 2), and Amendment No. 3 to Contract C-2426, dated 8/11/15 (Amendment 3) under which the City agreed to pay Aegis ITS up to $164,000. Whereas, the City of Buena Park and Aegis ITS desire to amend the Agreement No. C-2426 to include additional compensation for unforeseen extraordinary maintenance activities throughout the current contract term. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 4.0 Contractor s Compensation of said agreement is hereby amended to read as follows: City shall compensate Contractor for Services performed under this Agreement in accordance with the rates set forth in Exhibit B, and the fee schedule, attached as Exhibit C, up to the maximum not-to-exceed amount of Two Hundred Fifty Four Thousand Dollars ($254,000) for the term year of 2015 to 2016 (the current term). 3. All other terms and provisions of said Agreement shall remain in full force and effect. CITY OF BUENA PARK A Municipal Corporation CONTRACTOR BY: Jim Vanderpool, City Manager ATTEST: BY: Shalice Tilton, City Clerk APPROVE AS TO FORM: BY: Steven L. Dorsey, City Attorney PAGE 1 OF 1 S \Agenda Reports\Agenda - General\2015\08-11\Agenis ITS - Increase Funding for Extraordinary Maintenance\Amendment 3 to Traffic Signal Maintenance Att 5 of 5 Amend 3 City Council Meeting of 5/24/2016 5PM Page 230

231 Item 13 City Council Meeting of 5/24/2016 5PM Page 231

232 Item 13 DATE: May 24, 2016 CITY OF BUENA PARK TO: FROM: Sung Hyun, Director of Finance Kristin Taylor, Assistant Engineer SUBJECT: Request to Transfer Budgeted Amount To Acct No. & Description Amount* From Acct No. & Description Amount* Signal Maintenance $90, $90, TOTAL $90, TOTAL $90, JUSTIFICATION: Budgeted funds are not sufficient to cover the cost for unforeseen extraordinary maintenance activities. The City Council will be requested to approve this transfer at the meeting of May 24, Requested by: Reviewed by: Approved by: David Jacobs, Interim Director of Public Works Finance Staff Director of Finance S:\Agenda Reports\Agenda - General\2016\05-24\Amend - Extraordinary Maintenance Agreement\ \Amendment 4 to Traffic Signal Maintenance Att 3 of 4 Budget Transfer Form City Council Meeting of 5/24/2016 5PM Page 232

233 Item 13 City Council Meeting of 5/24/2016 5PM Page 233

234 Item 13 City Council Meeting of 5/24/2016 5PM Page 234

235 Item 14 AGENDA REPORT TO CITY COUNCIL MEETING DATE: May 24, 2016 TO: The Mayor and City Council TITLE: RESOLUTION TO INSTALL A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF COMMONWEALTH AVENUE AND INDIANA AVENUE RECOMMENDED ACTION: 1) Approve a resolution to install a new traffic signal at the intersection of Commonwealth Avenue and Indiana Avenue; and 2) Approve a budget transfer in the amount of $50,000 from the unappropriated Gas Tax Fund to fund the purchase and installation of the previously approved street lights, and retain an engineer to design the proposed traffic signal. PURPOSE: To install a new traffic signal at the intersection of Commonwealth Avenue and Indiana Avenue to reduce speeds within the area and improve pedestrian safety. DISCUSSION: The City has received multiple citizen requests regarding the need for various safety enhancements including street lighting, crosswalks, and a traffic signal at the intersection of Commonwealth Avenue and Indiana Avenue. A number of the complaints have included the high speed of traffic on Commonwealth Avenue and how it is extremely difficult to safely cross the street for vehicles, pedestrians, and bicyclists. In addition, some residents have reported there is a school bus that picks up and drops off students at the intersection every day and many of those students cross Commonwealth Avenue. The Commonwealth Avenue and Indiana Avenue intersection is located in the northeast area of the City about halfway between the signalized intersections of Commonwealth Avenue & Dale Street, and Commonwealth Avenue & Stanton Avenue (Attachment 1). Commonwealth Avenue is a wide east-west arterial street consisting of two travel lanes in each direction divided by a painted median that provides for left-turns at intersections and driveways. Commonwealth Avenue is posted with a 40-mph speed limit and has both residential and commercial developments in the vicinity of Indiana Avenue. Indiana Avenue is a north-south local two-way residential street with no centerline stripping separating opposing traffic. Indiana Avenue is discontinuous two blocks to the north of Commonwealth Avenue at Artesia Boulevard and five blocks to the south at California Street. Curbside parking is allowed on both streets. In response to resident requests, a traffic engineering study was performed to determine if the intersection of Commonwealth Avenue and Indiana Avenue is a good candidate for traffic signalization. The study performed was based on guidelines found in the 2014 California Manual on Uniform Traffic Control Devices (CAMUTCD). The CAMUTCD outlines a series of nine traffic and operational criteria, referred to as warrants, to assist cities in determining when a traffic signal should be considered for installation. In accordance with the Manual, traffic engineers made field observations during various times of the day and night, and collected data on traffic flow, pedestrian crossings, bicycle activity, and collisions. The data was used to complete the technical CAMUTCD criteria evaluations. The evaluation process along with engineering field observations are the basis for the staff recommendations here within. City Council Meeting of 5/24/2016 5PM Page 235

236 Item 14 Page 2 AGENDA REPORT TO CITY COUNCIL Meeting Date: May 24, 2016 Subject: RESOLUTION TO INSTALL A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF COMMONWEALTH AVENUE AND INDIANA AVENUE Of the nine traffic signal criteria, or warrants, outlined in the CAMUTCD seven were found to be applicable to the intersection of Commonwealth Avenue and Indiana Avenue. Of those seven warrants, the engineering evaluation found that the level of traffic at the intersection fell below levels that would suggest the need for a traffic signal. However, Warrant #6 Coordinated Signal System and Warrants #7 Crash Experience were met. There is no legal requirement to install a traffic signal purely based on an intersection meeting or exceeding one or more of the warrants. Nevertheless, the warrants provide a way for engineers to comparatively review the intersection s traffic characteristics and performance relative to other intersections. In the case of the Commonwealth Avenue and Indiana Avenue intersection, the warrant evaluation suggests that signalizing the intersection could reduce the frequency of collisions and improve the orderly movement of traffic along Commonwealth Avenue. The completed traffic signal warrant sheets can be found in Attachment 2. Of particular note in the warrant evaluation is the crash history of the intersection. Engineers reviewed all 29 reported collisions at the intersection over a ten-year period. In reading the individual collision reports it was determined that 20 of those 29 collisions may not have occurred had the intersection been signalized. Engineers also discovered that one of the collisions resulted in a fatality and five others resulted in injuries severe enough to require medical attention. Also of particular note was that 83% of collisions occurred in the afternoon and evening. The consistent pattern of collisions over many years suggests that the installation of a traffic signal would be a benefit to public safety. Also of interest in the warrant evaluation is the suggestion that the installation of a traffic signal at the intersection could improve the orderly movement of traffic along Commonwealth Avenue. A number of residents cited traffic speed as a significant safety concern at the intersection. In reviewing traffic flow along Commonwealth Avenue, engineers found that the majority of traffic passing through the intersection was doing so in violation of the posted 40-mph speed limit. Engineers also concluded that the high traffic speeds recorded at the intersection are most likely a result of the wide road and long half-mile distance between traffic signals. Rather than vehicles moving along Commonwealth Avenue in platoons, or groups of vehicles, many motorists speed along the corridor spreading out the traffic flow. This spreading out of the traffic flow makes it difficult for motorists and pedestrians to find gaps in traffic to safely cross the street. This condition is especially problematic during the evening peak-period. If the Commonwealth Avenue and Indiana Avenue intersection were to be signalized, the traffic signal could function in such a manner to control traffic speeds and provide a more orderly platooning, or grouping, of traffic flow along the street. Although not a part of the warrant evaluation, engineers also investigated the history of the intersection and found that prior to 2003 there were high visibility international style crosswalks along three legs of the intersection providing for pedestrian crossings. In response to an engineering investigation in March of 2003, the City removed the crosswalk crossing at the intersection citing liability concerns and low pedestrian crossing demand. This may have been a prudent course of action at the time. However, in comparing the pedestrian data presented in the 2003 engineering study with the data gathered for this study, it appears that pedestrian crossing demand at the intersection has increased by as much as 50%. Based on the traffic signal study findings noted above, it is recommended that the intersection of Commonwealth Avenue and Indiana Avenue be signalized. Signalizing the intersection is expected to significantly reduce the likelihood of future traffic collisions and improve the orderly movement of traffic along Commonwealth Avenue. Since the programming, funding, and completion of the design and construction of the traffic signal is likely to take up to two years, staff recommends the installation of street lighting improvements City Council forthwith. Meeting of It 5/24/2016 is anticipated 5PM Page that 236

237 Page 3 AGENDA REPORT TO CITY COUNCIL Meeting Date: May 24, 2016 Subject: RESOLUTION TO INSTALL A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF COMMONWEALTH AVENUE AND INDIANA AVENUE the street lighting improvements can be designed in such a manner that they become a part of the final traffic signal, thus reducing future construction costs. If approved by Council, staff would move forward with retaining an engineering consultant to complete the design plans, specifications, and estimates for the project. On May 5, 2016, the Traffic and Transportation Commission (TTC) voted (5 to 0) to recommend approval to the City Council of the installation of a new traffic signal at the intersection of Commonwealth Avenue and Indiana Avenue. Notice of this meeting was sent to all available addresses within 600 feet of the proposed intersection. The notices were mailed on May 16, BUDGET IMPACT: It is anticipated that the engineering portion of this project could take up to nine months to complete. This portion would include a request for proposal (RFP) consultant selection, project design, preparation of bid documents, and execution of the formal bid process. The cost to install just the street lighting component, previously approved by Council on April 12, 2016, is estimated to cost $30,000. The street lighting component will be installed after the design phase is complete. Staff recommends a budget transfer from the undesignated Gas Tax Fund (Account Number ) for these portions of the project. The cost of construction for the new traffic signal is unknown at this time. However, it is likely to be in the range of $235,000. Due to the significant cost, staff will be including the project costs in the FY budget. Staff notified residents of this lengthy process at the Traffic and Transportation meeting. Operational costs for power and maintenance of the new traffic signal are expected to be $4,000 a year. This maintenance portion will be added to the general maintenance budget once the signal project is completed. Prepared by: Kristin Taylor, Assistant Engineer Approved by: David Jacobs, Interim Director of Public Works Presented by: Kristin Taylor, Assistant Engineer ATTACHMENTS: 1) Resolution 2) Location Map 3) Traffic Signal Warrant Study 4) Traffic Counts 5) Pedestrian/Bike Counts 6) Budget transfer Item 14 City Council Meeting of 5/24/2016 5PM Page 237

238 Item 14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING SECTION 2 OF RESOLUTION 3202, AS AMENDED, WHICH IS THE CITY S TRAFFIC RESOLUTION, TO PROHIBIT A THROUGH STREET ON COMMONWEALTH AVENUE AT INDIANA AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WITHIN THE CITY OF BUENA PARK. WHEREAS, Resolution No establishes various traffic regulations for the City of Buena Park; and WHEREAS, it is necessary from time to time to revise said resolution to address current traffic conditions; and WHEREAS, the City Council desires to install a traffic signal at the intersection of Commonwealth Avenue and Indiana Avenue. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY FIND AND RESOLVE AS FOLLOWS: SECTION 1: Resolution No. 3202, as amended, is hereby further amended by amending Section 2, to read as follows: THROUGH STREETS DESIGNATED: Commonwealth Avenue, entire length except at Western Avenue, Beach Boulevard, Stanton Avenue, Dale Street and Indiana Avenue SECTION 2: Except as amended by this Resolution, Resolution No. 3202, as previously amended, shall remain in full force and effect as it existed prior to this amendment. SECTION 3: The City Clerk shall certify to the adoption of this Resolution. PASSED AND ADOPTED this 24 th day of May 2016, by the following called vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: City Council Meeting of 5/24/2016 5PM Page 238

239 Item 14 RESOLUTION NO. Page 2 Mayor ATTEST: City Clerk I, Shalice Tilton, City Clerk of the City of Buena Park, California, hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this 24 th day of May City Clerk City Council Meeting of 5/24/2016 5PM Page 239

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251 Item 14 DATE: May 24, 2016 CITY OF BUENA PARK TO: FROM: Sung Hyun, Director of Finance Kristin Taylor, Assistant Engineer SUBJECT: Request to Transfer Budgeted Amount To Acct No. & Description Amount* From Acct No. & Description Amount* 1. New CIP Project Acct $50, $50, TOTAL $50, TOTAL $50, JUSTIFICATION: Establish a budget to install a new traffic signal at the intersection of Commonwealth Avenue and Indiana Avenue. The City Council will be requested to approve this transfer at the meeting of May 24, Requested by: Reviewed by: Approved by: David Jacobs, Interim Director of Public Works Finance Staff Director of Finance S:\Agenda Reports\Agenda - General\2016\05-24\Reso to install a new traffic signal at Commonwealth and Indiana Ave\Reso - Traffic Signal Commonwealth at Indiana Att5of5 Budget Transfer Form City Council Meeting of 5/24/2016 5PM Page 251

252 Item 15 AGENDA REPORT TO CITY COUNCIL STUDY SESSION MEETING DATE: May 24, 2016 TO: TITLE: The Mayor and City Council DISCUSSION AND DIRECTION REGARDING THE CIVIC THEATER REQUEST FOR MUSICAL THEATRE PROPOSAL AND POTENTIAL YOUTH THEATER REQUEST FOR PROPOSAL DISCUSSION: The civic and youth theater programs have been in existence for over thirty years. The civic theater performs one production during the month of August each year. The youth theater performs two productions that occur in June and November of each year. The City financially supports the youth theater program, and has relied on the non-profit organization, Friends of Buena Park Youth Theatre, to select the plays, build props, make costumes, and supervise the children during rehearsals and/or performances. The City also financially supports the civic theater program and has relied on various theater companies to produce the performances. In January 2016, the Fine Arts Division initiated its first Request for Proposal (RFP) for the Buena Park Civic Theatre Under the Stars. Five production companies responded to the RFQ. The contract was awarded to STS Productions based on the company s extensive portfolio, which includes performing a successful western melodrama Deadwood Dick or, A Game of Gold for two consecutive weekends in September 2015 at the Plaza at the Ehlers Event Center. Council has requested discussion about issuing a similar RFP for both of the Youth Theater productions. Prepared by: Approved by: Presented by: Margaret Riley, Director of Community Services Jim Vanderpool, City Manager Margaret Riley, Director of Community Services ATTACHMENT: 1) 2016 Civic Theatre Under the Stars Request for Proposal City Council Meeting of 5/24/2016 5PM Page 252

253 Item 15 MEETING DATE: May 24, 2016 STUDY & EXECUTIVE SESSIONS BUENA PARK CITY COUNCIL STUDY SESSION EXECUTIVE SESSION SUMMARY SHEET TOPIC: DISCUSSION AND DIRECTION REGARDING THE CIVIC THEATER REQUEST FOR MUSICAL THEATRE PROPOSAL AND POTENTIAL YOUTH THEATER REQUEST FOR PROPOSAL FROM: Margaret Riley, Director of Community Services EXECUTIVE SESSION: INFORMATION REQUIRED BY THE BROWN ACT: License Permit Determination Conference with Real Property Negotiator Conf w/legal Counsel-Existing Lit (d)(1) Conf w/legal-anticipated Lit. (exposure to) (d)(2) Liability Claims Conf w/ Legal-Anticipation Lit. (city initiated) (d)(4) Worker Compensation Claims Threat to Public Services or Facilities Public Employee Appointment Public Employment Public Employee Performance Evaluation Public Employee Discipline/Dismissal/Release Conference with Labor Negotiator Report Involving Trade Secret Case Review/Planning Hearings Pursuant to Government Code Section (example: , ) Applicant: Property: Negotiating Parties: Under Negotiation: Name of Case: Title (public employee items): Employee Organization (labor items): Subject Matter: Other: BACK-UP MATERIAL? YES NO IN C.C. CONF. ROOM REQUESTED OF COUNCIL/AGENCY BOARD: Receive report and provide direction. Rev. 08/2013 City Council Meeting of 5/24/2016 5PM Page 253

254 Item 15 Request for Musical Theatre Proposals City of Buena Park Civic Theatre Under The Stars GENERAL INFORMATION The City of Buena Park is seeking an experienced professional theatrical production organization/company to collaborate with the City s Fine Arts Division staff to provide a high quality musical theatre program for the community. Desired programs include: One (1) distinct musical theatre production which will be offered to the general public in summer Performances will be on held eight (8) consecutive Friday and Saturday evenings in August, 5, 6, 12, 13, 19, 20, 26, & 27, 2016, at The Plaza at The Ehlers Event Center, 8150 Knott Avenue, Buena Park, CA BACKGROUND The Buena Park Fine Arts Division is dedicated to keeping its fine art programming innovative and fun. The goal of the department is to serve the cultural and artistic needs of the city's 81, 953 residents. Programs and events under the Fine Arts Division include but are not limited to the following perennial programs; Civic Theatre Youth Theatre Autumn Nights at The Plaza Jazz Under The Stars Children s Arts Festival Exhibiting Artist Series Community Chorus Summer Concert Series Cultural Excursions SERVICES REQUIRED Services required of the selected organization/ theater company include, but are not limited to, the following: 1. Adherence to production as established by the Community Services Department/ Fine Arts Division, and the selected organization/company. 2. Assist the Community Services Department/Fine Arts Division with the production throughout the length of the agreed upon productions. MINIMUM PROPOSAL REQUIREMENTS 1. Proposals should indicate current and past experience, capacity and success of your organization/company as it relates to musical theatre. 2. A brief written summary of the organization/company s philosophy regarding: the role of the arts and arts organizations in the community as a whole and its philosophy and performance standards for the production of theatre. City Council Meeting of 5/24/2016 5PM Page 254