Agenda packet — Barstow City Council, October 17, 2022 (part 1 of 3)

BARSTOW CITY COUNCIL /

BARSTOW COMMUNITY SERVICES FOUNDATION

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
OCTOBER 17, 2022
5:30 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

REGULAR MEETING
Agenda-October 17, 2022

Page 1 of 6 ends

MAYOR
Paul Anthony Courtney

COUNCILMEMBERS
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
Miguel Morales
Rodney Brand Jr.

Juanantonio Delucas

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Paul Anthony Courtney
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva
CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Timothy Silva
 Council Member Barbara Rose
 Council Member Marilyn Kruse
 Mayor Pro Tem James Noble
 Mayor Paul Courtney
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY

ITEM ON THE AGENDA, PLEASE SO INDICATE BY FILLING OUT A

SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK
PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL
ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST
BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE
WILL REMEMBER THE "CODE OF ETHICS" THAT WE
VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS

MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH
PATIENCE, CIVILITY AND COURTESY. THE DECISIONS MADE

TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW
COMMUNITY AND NOT FOR PERSONAL GAIN.

Agenda-October 17, 2022

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PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC

TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Prothro v. City of Barstow, San Bernardino County Superior Court Case No. CIVSB-2116163

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No.

CIV-SB-2125628

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(2) & (e)(3))
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

Receipt of Claim pursuant to Tort Claims Act or other written communication threatening litigation (copy available for public inspection in Clerk’s office). (Gov. Code § 54956.9(e)(3)) Name of Person or Entity Threatening Litigation: Kyle Wooley REPORT OF CLOSED SESSION:

INVOCATION:

CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):

PLEDGE OF ALLEGIANCE:

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED.

IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

Agenda-October 17, 2022

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CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY AND COURTESY. THE DECISIONS

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION.

PRESENTATIONS:

CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

MINUTES ALL AGENCIES:

4. MINUTES SPECIAL CLOSED SESSION MEETING - SEPTEMBER 29, 2022 5:30 P.M.

Recommended Action:

Approve minutes as presented.

5. MINUTES JOINT MEETING - OCTOBER 3, 2022 7:00 P.M.

Recommended Action:

Approve minutes as presented.

BARSTOW COMMUNITY SERVICES FOUNDATION:

6. ANNUAL FINANCIAL REPORTS OF THE BARSTOW COMMUNITY SERVICES FOUNDATION FOR THE FISCAL YEAR ENDED, JUNE 30, 2022
Recommended Action:

Review and accept the Annual Financial Reports of the Barstow Community Services Foundation, prepared in accordance with Section 7.05 of the bylaws, as of the fiscal year ended, June 30, 2022, for filing.

7. CHANGE IN OFFICERS FOR 2022/2023
Recommended Action:

Approve the 2022/2023 change of officers for the Barstow Community Services Foundation and accept the 'Statement of Facts' (Form 405) and 'Statement of Interest' (Form 100).

CITY COUNCIL:

8. APPROVAL TO INCREASE POND PUMPING SYSTEM PROJECT BUDGET AND AWARD TO

RE CHAFFEE CONSTRUCTION
Recommended Action:

Staff recommends that the City Council:

1. Appropriate an additional $200,000.00 to Capital Project Account Number 400.803.321.23.605

2. Approve the lowest bidder RE Chaffee Construction in the amount of $407,410.00 for the Wastewater Treatment Plant East Pond Pumping System Project and reject all other bids.

3. Give the City Manager or designee the authority to sign an agreement.

Agenda-October 17, 2022

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9. APPROVAL OF PURCHASE OF TALL CROP FARM TRACTOR
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Authorize staff to purchase the New Holland Tall Crop Farm Tractor, from Scott's Equipment, from account number 400.803.320.23.605 from the Wastewater Equipment Refurbish Fund; and

2.Give the City Manager or designee the authority to execute the necessary agreement.

10. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE

OF CALIFORNIA CITIES CITY CLERKS NEW LAW AND ELECTIONS SEMINAR Recommended Action:

Approve travel for City Clerk Andrea Flores to Monterey, CA for the League of California Cites New Law and Elections Seminar.

11. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 4TH QUARTER Recommended Action:

That the City Council receive and file the Measure Q Fund Financial Report for the 4th Quarter of Fiscal Year 2021-2022 covering the period of April 1, 2022 - June 30, 2022.

12. ALLOCATE MEASURE Q FUNDS FOR THE PURCHASE OF EQUIPMENT AND MATERIALS Recommended Action:

1. Approve Budget Amendment Number 090222 in the amount of $90,160.26, from Streets Measure Q funds, to the appropriate 400 account.

2. Authorize the City Manager or designee the authority to purchase mastic machine and mastic materials from SealMaster for an amount of $90,160.26.

13. APPROVAL OF UPDATED MEMORANDUMS OF UNDERSTANDING FOR UNITS 1, 2, 3, 6 AND 8
Recommended Action:

Staff recommends that the City Council take the following action:

1. Approve the MOU with Unit 1 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment B)

2. Approve the MOU with Unit 2 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment D)

3. Approve the MOU with Unit 3 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment H)

4. Approve the MOU with Unit 6 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment F)

5. Approve the MOU with Unit 8 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment J)
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM

CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

PUBLIC HEARINGS:

GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

Agenda-October 17, 2022

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BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

STAFF REPORTS:

PUBLIC SAFETY UPDATES:

CITY MANAGER / DISTRICT MANAGER COMMENTS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

14. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES FOR THE

GENERAL PLAN UPDATE
Recommended Action:

Staff recommends approval of the attached professional services agreement with Placeworks for the General Plan update.

15. DISCUSSION OF AD HOC COMMITTEES
Recommended Action:

Staff recommends that the Council evaluate reinstating any ad hoc committees that have sunset after the November 8, 2022 election in order to give the new Council the opportunity to goal set and provide direction.

16. AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 4647-2011 Recommended Action:

Adopt Resolution No. _____-2022, amending the City Council rules for the conduct of its meeting proceedings and business, repealing Resolution 4647-2011; and waive the full reading.

ADJOURNMENT:

Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.

Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet area available for public inspection in the City Clerk's Office at 220 East Mountain View Ste. A, Barstow, CA 92311 during normal business hours.

The City of Barstow, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office (760) 255-5122, at least one business day prior to the scheduled meeting to ensure that we may assist you.

Agenda-October 17, 2022

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I hereby certify, UNDER PENALTY OF PERJURY that this agenda has been posted 72 hours prior to the stated meeting in a place accessible to the public.

Posted on the 13th day of October, 2022.

Regular Meeting
10/17/22 05:30:PM
Maria Chavez
Doc ID: 5150

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Prothro v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2116163 1 Packet Pg. 7
Regular Meeting
10/17/22 05:30:PM
Maria Chavez
Doc ID: 5151

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2125628 2 Packet Pg. 8
Regular Meeting
10/17/22 05:30:PM
Maria Chavez
Doc ID: 5152

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:
(Gov. Code § 54956.9(d)(2) & (e)(3))
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

AGENDA ITEM
AGENDA MATTER:

MINUTES SPECIAL CLOSED SESSION MEETING - SEPTEMBER 29, 2022 5:30 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
4 Packet Pg. 10

BARSTOW CITY COUNCIL

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
SEPTEMBER 29, 2022
5:30 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

CLOSED SESSION
Minutes-September 29, 2022

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CALL TO ORDER:

MAYOR COURTNEY called the Closed Session meeting to order at 5:35 P.M.

INVOCATION:

MAYOR PRO TEM NOBLE led the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER DYER KRUSE led the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
Timothy Silva Council Member Present
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING ANY ITEM, PLEASE SO INDICATE BY FILLING OUT A “REQUEST TO SPEAK” FORM AND HAND TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA.

Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER ROSE, and unanimously carried to approve the agenda adding Council Comments after Public Comments.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Silva, Noble, Kruse, Rose, Courtney
PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC

SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with labor negotiations for all bargaining units and commended staff for their hard work.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Requested the report for the September 19, 2022 Closed Session meeting. - Asked how long the meeting would be.

COUNCIL COMMENTS:

COUNCIL MEMBER ROSE
- Stated that the meeting should be completed within one hour. - Commended staff and anyone else responsible for organizing the 75th Anniversary event.

MOTION TO GO INTO CLOSED SESSION:

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Silva, Noble, Kruse, Rose, Courtney
CLOSED SESSION:

1. LABOR NEGOTIATIONS - (GOVERNMENT CODE SECTION 54957.6) PUBLIC EMPLOYEE(S) City Negotiator: City Manager Willie A. Hopkins, Jr.

Employee Organization: Unit 1 San Bernardino Public Employees' Association Unit 2 San Bernardino Public Employees' Association
Unit 3 Barstow Police Officers' Association
Unit 5 Barstow Professional Firefighters Association
Unit 6 Barstow Management Employees' Association
Unit 8 Barstow Police Department Management Association REPORT OF CLOSED SESSION:

CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding labor negotiations regarding all six units. Direction was provided to Council and no reportable action was taken.

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Attachment: 09 29 2022 Minutes FINAL (5147 : Minutes Closed Session Meeting September 29, 2022 5:30 P.M.) Minutes-September 29, 2022

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ADJOURNMENT:

By the consensus of the City Council and without objection, the Closed Session meeting was adjourned at 6:52 P.M.

Respectfully Submitted: Approved:
_______________________________ _______________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr. B.A. Mayor Notice: Signed Minutes are filed with the City Clerk’s office

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Attachment: 09 29 2022 Minutes FINAL (5147 : Minutes Closed Session Meeting September 29, 2022 5:30 P.M.) Regular Meeting
10/17/22 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5148

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT MEETING - OCTOBER 3, 2022 7:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
5 Packet Pg. 14

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
OCTOBER 3, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-October 3, 2022

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INVOCATION:

SARAH HOODY and PASTOR DAVE SAMPLES OF HIGH DESERT WORD CENTER gave the invocation.

CALL TO ORDER - REGULAR MEETING 7:00 PM
MAYOR COURTNEY called the Regular Meeting to order at 7:01 P.M.

PLEDGE OF ALLEGIANCE:

MAYOR PRO TEM NOBLE led the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Timothy Silva Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR

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REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION.

Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously carried to approve the agenda adding the Proclamation Presentation for Kay Whitehead under Presentations.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:

The Mayor and Council presented a proclamation to the family of the late Kay Whitecloud, recognizing her for her contributions to the community.

1. PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
Recommended Action:

Presentation only.

Faculty and students from Skyline North Elementary School provided an introduction of their newly elected Student Council officers and discussed recent and upcoming school events.

RESULT: PRESENTATION ONLY
CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

MINUTES ALL AGENCIES:

2. MINUTES SPECIAL CLOSED SESSION MEETING - SEPTEMBER 12, 2022 5:00 P.M.

Recommended Action:

Approve minutes as presented.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked CITY ATTORNEY MATTHEW SUMMERS to report out on what Closed Session items that MAYOR COURTNEY abstained from.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

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3. MINUTES JOINT MEETING - SEPTEMBER 19, 2022 6:00 P.M.

Recommended Action:

Approve minutes as presented.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
ACCOUNTS PAYABLE ALL AGENCIES:

4. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:

Approve and ratify expenses, as audited, for check #88980-89056 totaling $364,576.58 and wire #832 totaling $2,922.60, per the Agency breakdown below:

City: $291,056.15
Fire: $76,443.03
Successor Agency: $0.00
Grand Total: $367,499.18
COUNCIL MEMBER DYER KRUSE abstained from voting on checks #89030 and 89031.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:

5. RESOLUTION FOR THE PURPOSE OF OBTAINING FEDERAL FINANCIAL ASSISTANCE Recommended Action:

Staff recommends the City Council authorizes the following:

1. City Council approve the attached Budget Amendment No. BA100122 in the amount of $732,000 appropriating the funds.

2. Approve Cal OES Resolution by title only and waive the full reading.

3. Authorize staff to sign and submit all required documents necessary for the Cal OES Grants .

MAYOR COURTNEY commended staff for securing the grant.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS:

None.

PUBLIC HEARINGS:

None.

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GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

SPEAKERS

KAMBIZ MORIDI, BARSTOW, CALIFORNIA
- Thanked MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR. for their efforts with the Barstow International Gateway (BIG) project.
- Also asked for clarification on the development incentive provided to the Marriott Hotel and about COUNCIL MEMBER ROSE allegedly being offered a bribe by the hotel developer for her vote.

COUNCIL MEMBER ROSE
- Stated that the hotel developer offered to buy her vote, which she declined.

EUGENE BUTTICCI, EXECUTIVE DIRECTOR OF THE BARSTOW AREA CHAMBER OF

COMMERCE
- Discussed the upcoming Main Street USA Car Show on October 8, 2022. - Thanked City staff for organizing the 75th Anniversary event.

BRIAN ZANE, BARSTOW, CALIFORNIA
- Discussed concerns with the BIG project and traffic impacts to Lenwood Road. - Asked how the City planned to address traffic and other infrastructure needs such as the sewer system.

NADINE MUMFORD, OASIS REALITY GROUP
- Congratulated the City Council and staff for the BIG project and the 75th Anniversary event. - Endorsed Martha O'Brien for City Council District 1.

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Congratulated the current and past City Council for the BIG project and the 75th Anniversary event. - Addressed Mr. Wymore's comments from the September 19, 2022 Council meeting.

RICK OAKLEY, BARSTOW, CALIFORNIA
- Discussed concerns with the VFW's fire inspection on June 9, 2022.

DENNIS MOON, BARSTOW, CALIFORNIA
- Stated Golden State Water had resolved the high water pressure issue in Barstow Heights. - Discussed infrastructure concerns with the BIG project and stated he hoped Barstow residents would be hired for most jobs.
- Stated parts of P Street needed to be filled with asphalt due to erosion.

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with BARSTOW PROFESSIONAL FIREFIGHTERS ASSOCIATION PRESIDENT JOHN WYMORE for bribing and endorsing City Council candidates. - Also discussed concerns with CITY ATTORNEY MATTHEW SUMMERS and the Marriott Hotel.

KIM MARTIN, BARSTOW, CALIFORNIA
- Thanked MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR. for their efforts with the BIG project and 75th Anniversary event.
- Expressed support for MAYOR COURTNEY.

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PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with cancellations of the Streets Committee meetings. - Encouraged the community to vote yes on Measure H, which would transition the City to five districts with an appointed Mayor.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the Council not recognizing titles. - Asked why the speakers were not on the live stream meeting video. - Discussed concerns with misrepresentations made by MAYOR COURTNEY. - Also discussed concerns with Ms. Fields making threatening comments to the Council and audience.

DEBORAH HARRIS, BARSTOW, CALIFORNIA
- Discussed the month of October being Cancer Awareness Month and Hope Walk on October 29, 2022 at Barstow Community College.

JIM BROWN, BARSTOW, CALIFORNIA
- Thanked COUNCIL MEMBERS ROSE and SILVA for helping City employees and Barstow citizens. - Discussed concerns regarding comments about ACTING FIRE CHIEF NICK DINAPOLI on a local podcast.

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER ROSE
- Discussed upcoming events including Desert Sanctuary's Candlelight Virgil on October 8, 2022 and their Open House on October 19, 2022, Main Street USA Festival on October 8, 2022, and the Light Up the Night 5K Run on October 15, 2022.
- Thanked BNSF for investing in Barstow along with the current and past Council Members for their efforts.
- Thanked CITY MANAGER WILLIE HOPKINS, JR, EXECUTIVE ASSISTANT MARIBEL HERNANDEZ, CITY CLERK SERVICES MANAGER CHRISTINA RUDSELL and all staff involved with planning the City's 75th Anniversary event.
- Discussed Ms. Martin’s comments.
- Asked POLICE CHIEF ANDREW ESPINOZA, JR. to address Ms. Fields comments as they were threatening to the Council and members of the audience and a violation of SB1100. - Provided an update on the September 27, 2022 Rules and Policies meeting.

MAYOR PRO TEM NOBLE
- Commended all staff involved with planning the City's 75th Anniversary event. - Commended Sarah Hoody for giving the invocation and the students at Skyline Elementary for their presentation.
- Stated that the Council supported public safety and all bargaining units and would do what was best for the City.
- Encouraged all to stop bickering and work together to move Barstow forward. - Discussed the recent Military Affairs Committee meeting and commended Victor Valley Transit Authority for providing shuttle service during the 75th Anniversary event.

COUNCIL MEMBER DYER KRUSE
- Thanked all volunteers who participated in the Community Clean-Up event on September 24, 2022. - Commended Skyline North Elementary School teacher Mr. Dokie and students for their presentation.
- Stated that infrastructure needs for the BIG project were currently being addressed. - Recognized all staff who assisted with decorating and preparing the Harvey House for the 75th

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Attachment: 10 03 2022 Minutes _FINAL (5148 : Minutes Joint Meeting October 3, 2022 7:00 P.M.) Minutes-October 3, 2022

Page 6 of 7 ends

Anniversary event.
- Thanked BNSF for investing in Barstow.

COUNCIL MEMBER SILVA
- Thanked all staff involved with planning the City's 75th Anniversary event and BNSF for their support.
- Stated that infrastructure needs for the BIG project were currently being addressed and discussed future growth that would result.
- Discussed the reasons why the Council requested the third-party investigation. - Provided an update on the September 26, 2022 Mojave Desert Air Quality Management District meeting.

MAYOR COURTNEY
- Discussed the BIG project, the City's 75th Anniversary event and commended CITY MANAGER WILLIE HOPKINS, JR.
- Thanked MAYOR PRO TEM NOBLE for his comments about the importance of working together. - Also thanked the community for their support.
- Addressed rumors about FBI and District Attorney's Office investigations. - Discussed the Council's request to investigate the hiring of his wife in the Parks and Recreation Department and wasting taxpayer money on legal fees.

STAFF REPORTS:

None.

PUBLIC SAFETY UPDATES:

ACTING FIRE CHIEF NICK DINAPOLI
- No comments.

POLICE CHIEF ANDREW ESPINOZA, JR.
- Discussed the Barstow Police Department's (BPD) pink patch program in support of Breast Cancer Awareness Month.
- Also discussed BPD's support of Domestic Violence Awareness Month.

CITY MANAGER / DISTRICT MANAGER COMMENTS:

CITY MANAGER WILLIE HOPKINS, JR.
- Discussed the BIG project and the City's rebranding efforts. - Provided an update on the demolition of blighted properties. - Also stated that any Committees that have sunset will not be meeting until the Council renews their mandate.

BUSINESS / ACTION ITEMS:

None.

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Attachment: 10 03 2022 Minutes _FINAL (5148 : Minutes Joint Meeting October 3, 2022 7:00 P.M.) Minutes-October 3, 2022

Page 7 of 7 ends

ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 9:06 PM.

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Attachment: 10 03 2022 Minutes _FINAL (5148 : Minutes Joint Meeting October 3, 2022 7:00 P.M.) Regular Meeting
10/17/22 05:30 PM
Finance
Marc Puckett
Audit
Doc ID: 5156

AGENDA ITEM
AGENDA MATTER:

ANNUAL FINANCIAL REPORTS OF THE BARSTOW COMMUNITY SERVICES FOUNDATION FOR THE FISCAL YEAR ENDED, JUNE 30, 2022
EXECUTIVE SUMMARY:

In accordance with Section 7.05 of the bylaws of the Barstow Community Services Foundation (BCSF), the Board of Directors shall cause an annual report to be prepared not later than one hundred twenty (120) days after the close of the fiscal year. The annual report shall contain such information as required within Section 7.05 of the bylaws and furnished to the Board of Directors for review, discussion and acceptance. The attached financial reports outlining the financial activity of the foundation for Fiscal Year 2022 fulfill that obligation.

DISCUSSION:

In accordance with Section 7.05 of the bylaws of the Barstow Community Services Foundation, an annual report shall be submitted to the Board within 120 days after the close of the fiscal year. The report shall contain certain information as prescribed by the bylaws. The attached Statement of Fiduciary Net Position and Statement of Changes in Fiduciary Net Position outline the financial activity of the foundation for Fiscal Year 2022 and fulfill that obligation. These unaudited statements were prepared from the books and records of the foundation. The financial activity of the foundation will be audited by independent auditors together with the financial activity of the City. The independent auditors’ fieldwork will begin on October 17. It is anticipated that audited financial statements will be issued for the foundation and the City prior to the end of the calendar year. One donation in the amount of $1,447 was received during the year. Foundation expenditures for the year totaled $339.87. The change in net position for the year was $1,107.13 and the net position at year end was $1,836.20. The attached financial reports are presented for review, discussion, and acceptance.

FISCAL IMPACT:

There is no fiscal impact to this agenda report.

RECOMMENDED ACTION:

ARTICLES OF INCORPORATION
OF
THE BARSTOW COMMUNITY SERVICES FOUNDATION, INC.

The name of this corporation is 'The Barstow Community Services Foundation, Inc." (hereinafter "Corporation").

IL
A. The Corporation is a nonprofit Public Benefit Corporation and is not organized for the private gain of any person. It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes.

B. The purposes for which the Corporation is formed are:

1. to establish and maintain a line of communication between the City of Barstow (hereinafter "City") and its residents to the end that the residents will be aware of the conditions, challenges, and opportunities in the City and of general matters of continuing interest to the residents of the City;
ii. to initiate, sponsor and execute plans, activities, and events to foster and promote the interests of the residents of the City and their interest in the City's history; m. to receive, invest, and utilize funds and property acquired through the solicitation of contributions, donations, grants, gifts, bequests, and the like for the purposes for which the Corporation is formed; and
1v. any other purpose beneficial to the public.

Ill.

The name and address in the State of California of the Corporation's initial agent for service of process is:

Charles C. Mitchell
City Manager
220 East Mountain View Street
Barstow, California 92311
IV.

A. This Corporation is organized and operated exclusively for charitable and public purposes within the meaning oflntemal Revenue Code Section 50l(c)(3). 114761.1

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Attachment: Articles of Incorporation BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) B. No substantial part of the activities of this Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate or intervene in any political campaign (including the publication or distribution of statements) on behalf of, or in opposition to, any candidate for public office.

A The property of the Corporation is irrevocably dedicated to the charitable purposes set forth above and no part of the net income or assets of this Corporation shall ever inure to the benefit of any director, member, or officer thereof, or to the benefit of any private persons.

B. Upon the dissolution or winding up of this Corporation, its assets remaining after payment, or provisions for payment, of all debts and liabilities of this corporation shall be distributed to the City of Barstow for public purposes or to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Internal Revenue Code Section 501(c)(3).

C. Notwithstanding any other provision in these Articles of Incorporation, the Corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Internal Revenue Code section 501 ( c )(3) ( or the corresponding provision of any future federal internal revenue law), or (b) by a corporation, contributions to which are deductible under Internal Revenue Code section 17D(c)(2) (or the corresponding provision of any future federal internal revenue law).

VI.

These Articles of Incorporation may not be amended, restated, or modified without the approval of a majority of the voting members of the Board of Directors of the Corporation.

Date:
114761.1
Mayor Julie Hackbarth-Mcintyre
City of Barstow

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Attachment: Articles of Incorporation BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation)

BYLAWS OF
THE BARSTOW COMMUNITY SERVICES FOUNDATION, INC.

Section I.DI Principal Office.

ARTICLE I

OFFICES
The principal office of the Corporation for the transaction of its business is located at 220 East Mountain View Street, Barstow, California 92311.

Section .1.02 Change of Address.

The Board of Directors is hereby granted full power and authority to change the principal office of the Corporation from one location to another location in the City of Barstow. Any such change shall be noted by the Secretary in these Bylaws but shall not be considered an amendment of these Bylaws.

Section 1.03 Other Offices.

The Corporation may also have subordinate offices at such other places, within the City of Barstow, where it is qualified to do business, as its business may require, and as the Board of Directors may, from time to time, designate.

ARTICLE II

MEMBERS
The Corporation shall have no members as that term is defined by Section 5056 of the California Corporations Code ("CCC"), and shall be governed solely by its Board of Directors in accordance with these Bylaws. Pursuant to CCC section 531 O(b ), any action which would otherwise require approval by a majority of all members shall only require the approval of the Board. The Corporation may refer to persons or entities associated with it as "members" even though those persons or entities are not voting members, but no such reference shall constitute any person or entity a member within the meaning of CCC section 5056.

Section 3.01 Number.

ARTICLE III

DIRECTORS
The Corporation shall have five directors and collectively they shall be known as the Board of Directors.
115834.1

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Attachment: BYLAWS BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) Section 3.02 Qualifications.

The �oard of Directors shall consist of the Mayor and Members of the City Council of the City of Barstow.

Section 3.03 Powers.

Subject to the provisions of the California Nonprofit Public Benefit Corporation law and any limitations in the Articles of Incorporation and these Bylaws, the Corporation's affairs shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board of Directors.

Section 3.04 Duties.

It sha!L be the duty of the Directors to:
(I) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this Corporation, or by these Bylaws; (2) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties, of all officers, agents and employees of the Corporation;
(3) Supervise all officers, agents and employees of the Corporation to assure that their duties are performed properly;
(4) Meet at such times and places as required by these Bylaws; (5) Register their addresses with the Secretary of the Corporation and notices of meetings sent to them at such addresses shall be valid notices thereof.

Section 3.05 Tem1s of Office.

The term of office for each Director shall run concurrently with his or her term of office as Mayor or a Member of the City Council.

The term of any Director shall terminate upon the occurrence of any of the following events:
( 1) The death or resignation of the Director;
(2) Upon the termination of the Director's position by which he or she is designated a Director, or upon the termination of the Director's position as a member of the City Council of the City of Barstow, as applicable.

Section 3 .07 Vacancies.
115834.1

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Attachment: BYLAWS BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) If a vacancy occurs on the Board of Directors, then, the person who replaced the former Director in the position designated as a Director by Section 3.02 shall thereby become a Director.

Section 3.08 Compensation.

The Directors shall serve without compensation, except that they may be reimbursed for necessary and reasonable expenses incurred in the performance of their duties as Directors.

Section 3.09 Chairperson.

The Mayor of the City of Barstow shall be the Chairperson of the Board of Directors.

Section 3.10 Vice-Chairperson.

The Mayor Pro Tern of the City of Barstow shall be the Vice-Chairperson of the Board of Directors.

Section 4.01 Place of Meetings.

ARTICLE IV

MEETINGS
Meetings shall be held at the principal office of the Corporation unless otherwise provided in these Bylaws or at such place within the City of Barstow which has been designated by resolution of the Board of Directors.

Section 4.02 Regular Meetings.

Regular meetings of the Board of Directors shall be held on the first Monday of the month of October at 6:30 PM, unless such day falls on a legal holiday, in which event the regular meeting shall be held at the same time and place two weeks later.

Section 4.03 Special Meetings.

Special meetings of the Board of Directors may be called by the Chairperson of the Board, the Secretary, or any two Directors.

Section 4.04 Notice of Meetings
Noticing of Meetings shall be done in compliance with the Brown Act, Government Code sections 54954.2 and 54956. Regular meetings shall be noticed at least seventy-two hours in advance of the meeting. Special meetings shall be noticed at least twenty-four hours in advance of the meeting. Notice of the meetings shall specify the time, place, and include an agenda briefly describing the items to be discussed.
115834.1

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Attachment: BYLAWS BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) Section 4.05 Quorum.

A majority of the Board of Directors constitutes a quorum of the Board for the transaction of business. Except as otherwise provided in these Bylaws or in the Articles of Incorporation of this Corporation, or by law, no business shall be considered by the Board of Directors at any meeting at which a quorum, as herein defined, is not present, and the only motion which the Chairperson shall entertain at such meeting is a motion to adjourn. However, a majority of the Directors present at such meeting may adjourn from time to time until the time fixed for the next regular meeting of the Board of Directors.

The Directors present at a duly called and· held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum at the meeting due to a withdrawal of Directors from the meeting, provided that any action thereafter taken must be approved by at least a majority of the required quorum for such meeting or such greater percentage as may be required by law, or the Articles of Incorporation or Bylaws of this Corporation.

Section 4.06 Majority Action as Board Action.

Every act or decision done or made by a majority of the Directors present at a meeting of the Board of Directors duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation or Bylaws of this Corporation, or provisions of the California Nonprofit Public Benefit Corporation Law, particularly those provisions relating to appointment of committees (Section 5212), approval of contracts or transactions in which a director has a material financial interest (Section 5233) and indemnification of directors (Section 5238e), require a greater percentage or different voting rules for approval of a matter by the board.

Section 4.07 Conduct of Meetings.

Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, in his or her absence, by the Vice Chairperson. The Secretary of the Corporation shall act as Secretary of all meetings of the Board of Directors, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. The provisions of the Brown Act (Government Code se_ction 54950, et seq.) shall apply to the conduct of meetings of the Corporation.

Section 4.09 Non-Liability of Directors.

The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation.
115834.1

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Attachment: BYLAWS BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) Section 4.10 Indemnification by Corporation of Directors, Officers, Employees and Other Agents.

The Corporation may indemnify a Director, officer, or employee under the provisions of CCC section 5238, or pursuant to any contract entered into by the Corporation with any employee who is not an officer or Director. The Corporation may purchase and maintain insurance on behalf of any Director, officer or employee of the Corporation against any liability asserted against or incurred by the Director, officer or employee in such capacity or arising out of the Director's, officer's or employee's status as such, whether or not the Corporation would have the power to indemnify the Director, officer or employee against such liability under the provisions of CCC section 5238.

Section 5.01 Number and Title.

ARTICLE V

OFFICERS
The Officers of the Corporation shall be an Executive Director, a Secretary, and a Chief Financial Officer who shall be designated the Treasurer. The Corporation m11y also have, as determined by the Board of Directors, a President, one or more Vice Presidents, Assistant Secretaries, Assistant Treasurers, or other officers. Any number of offices may be held by the same person except that neither the Secretary nor the Treasurer, nor any Assistant Secretaries or Assistant Treasurers, may serve as the President or Executive Director.

Section 5.02 Resignation and Removal of Officers.

Any officer may resign at any time on written notice to the Corporation without prejudice to the rights, if any, of the Corporation under any contract to which the officer is a party. Officers may be removed with or without cause at any meeting of the Board of Directors by the affirmative vote of a majority of all the Directors.

Section 5.03 Vacancies.

Any vacancy caused by the death, resignation, removal, or otherwise, of any officer, shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of Executive Director, such vacancy may be filled temporarily by appointment by the Chairperson until such time as the Board of Directors shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the Board of Directors may or may not be filled. as the Board of Directors shall determine.

Section 5.03 Duties of Executive Director.

The City Manager of the City of Barstow shall serve as the Executive Director of the Corporation. The Executive Director shall be the Chief Executive Officer of the Corporation and 115834.1

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Attachment: BYLAWS BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) shall, subject to the control of the Board of Directors, supervise and control the affairs of the Corporation and the activities of the officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation of this Corporation, or by these Bylaws, or which may be prescribed from time to time by the Board of Directors.

Section 5.04 Duties of Secretary.

The City Clerk of the City of Barstow shall serve as the Secretary of the Corporation. The Secretary shall keep or cause to be kept at the principal office of the Corporation, or such other place as the Board of Directors may order, a book of minutes of all meetings, proceedings, and actions of the Board of Directors. The minutes of meetings shall include the time and place that the meeting was held; whether the meeting was regular or special, and if special, how authorized; the notice given; and the names of persons present at meetings. The Secretary shall keep or cause to be kept written waivers of notice of meetings; written consents to holding meetings, written approval of minutes of meetings; and unanimous written consents of action of the Board of Directors without a meeting. The Secretary shall keep or cause to be kept, at the principal office of the Corporation, a copy of the Articles of Incorporation and Bylaws, as amended to date. The Secretary shall give, or cause to be given, notice of all meetings of the Board of Directors that these Bylaws require to be given. The Secretary shall keep and maintain the corporate seal, if any, and shall see that the seal is affixed to all duly executed documents, the execution of which on behalf of the Corporation under its seal is authorized by law or these Bylaws. The Secretary shall perform such other and further duties as may be required by law or required by the Board of Directors or these Bylaws.

Section 5.05 Duties of Treasurer.

The Finance Director of the City of Barstow shall serve as the Treasurer of the Corporation. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and accounts of the Corporation's properties and transactions, including accounts of its assets, liabilities, receipts, disbursements, gains, and losses. The books and records of account · shall at all times be open to inspection by any Director of the Corporation. The Treasurer shall deposit all monies and other valuables in the name of and the credit of the Corporation with such depositories as may be designated by the Board of Directors. The Treasurer shall disburse the funds of the Corporation as ordered by the B'oard of Directors, and shall render to the Chairperson of the Board and all Directors, upon request, an account of all transactions as Treasurer and of the financial condition of the Corporation. The Treasurer shall perform such other and further duties as may be required by law or required by the Board of Directors or these Bylaws.

Section 5.06 General Counsel.

The City Attorney of the City Attorney shall serve as General Counsel to the Corporation.

I 15834.l

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Attachment: BYLAWS BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation)

ARTICLE VI
EXECUTION OF INSTRUMENTS. DEPOSITS AND FUNDS
Section 6.0 I Execution of Instruments.

The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.

Section 6.02 Checks and Notes.

Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the Corporation shall be signed by the Treasurer and countersigned by the Executive Director.

Section 6.03 Deposits.

All funds of the Corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Treasurer may designate.

Section 6.04 Gifts.

The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the charitable and public purposes of this corporation.

ARTICLE VII

CORPORATERECORDS,REPORTSANDSEAL
Section 7.01 Maintenance of Corporate Records.

The Corporation shall keep at its principal office:
(I) Minutes of all meetings of the Board of Directors, indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof;
115834.1

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Attachment: BYLAWS BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) (2) Adequate and correct books and records of acconnt, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses;
(3) A copy of the corporation's Articles oflncorporation and Bylaws as amended to date, which shall be open to inspection by the Directors of the Corporation at all reasonable times during office hours.

Section 7.02 Corporate Seal.

The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the Corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument.

Section 7.03 Directors' Inspection Rights.

Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the Corporation.

Section 7.04 Right to Copy and Make Extracts.

Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection includes the right to copy and make extracts.

Section 7.05 Annual Report.

The Board of Director shall cause an annual report to be prepared not later than one hundred twenty (120) days after the close of the fiscal year. The report shall contain all the information required by CCC Section 6321 (a) and shall be accompanied by any report thereon of independent accountants, or ifthere is no such report, the certificate of an authorized officer of the Corporation that such statements were prepared without audit from the books and records of the Corporation. The annual report shall be furnished to all Directors.

Section 7.06 Annual Statement of Certain Transactions and Indemnifications.

The Corporation shall furnish annually a statement of any transaction or indemnification described in CCC Section 6322(d) and (e), if such transaction or indemnification took place.

Such annual statement shall be attached to and sent together with the Annual Report required by Section 7.05 of these Bylaws.
115834.l

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Attachment: BYLAWS BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) ARTICLE Vlll

FISCAL YEAR
Section 8.01 Fiscal Year of the Corporation.

The fiscal year of the Corporation shall begin on July I and end on the June 30 in each year.

ARTICLE IX

RULE OF CONSTRUCTION
Section 9.01 Interpretation and Construction.

Any conflict between these Bylaws and the Articles of Incorporation shall be resolved in favor of the Articles of Incorporation. Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the California Nonprofit Public Benefit Corporation Law, CCC Section 51 JO, et seq., shall govern the construction of these Bylaws.

Section 10.01 Amendment.

ARTlCLEX

AMENDMENT OF BYLAWS
Subject to any provision of law applicable to the amendment of Bylaws of public benefit nonprofit corporations, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted by an affirmative vote ofa majority of the Board of Directors.

I 15834.1

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Attachment: BYLAWS BCSF (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) City of Barstow
Barstow Community Services Foundation
Statement of Fiduciary Net Position
June 30, 2022
Private-Purpose
Trust Fund___
Assets:

Pooled cash and investments $ 1,842.96
Receivables:

Accounts -0-
Accrued interest 2.24
Due from other governments -0-
Land held for resale -0-
Restricted assets:

Cash and investments with fiscal agents -0-
____________
Total Assets $ 1,845.20
Liabilities:

Unrealized Loss – Investments 9.00
Accounts payable -0-
Accrued interest -0-
Deposits payable -0-
Due to other governments -0-
Due to external parties/other agencies -0-
Long-term liabilities:

Due in one year -0-
Due in more than one year -0-
Due to City of Barstow -0-
Total Liabilities $ 9.00
Net Position:

Held in trust for other purposes $ 1,836.20
Total Net Position $ 1,836.20
Note – Based on unaudited financial information as of June 30, 2022

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Attachment: BCSF Financial Report 2022 Stmt of Net Position (5156 : FY2022 Annual Report of the Barstow Community Services Foundation) City of Barstow
Barstow Community Services Foundation
Statement of Changes In Fiduciary Net Position
June 30, 2022
Private-Purpose
Trust Fund__
Additions:

Intergovernmental $ -0-
Interest and change in fair value of investments (4.87) Donations 1.447.00
Total Additions $ 1,442.13
Deductions:

Audit Expense -0-
Fees/Services Expenses 335.00
BYAC – General Expense -0-
Interest expense __________ -0-
Total Deductions $ 335.00
Changes in Net Position:

Net Position – Beginning of Year $ 729.07
Net Position – End of the Year $ 1,836.20
Note – Based on unaudited financial information as of June 30, 2022

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Attachment: BCSF Financial Report 2022 Changes in Net Position (5156 : FY2022 Annual Report of the Barstow Community Services Regular Meeting
10/17/22 05:30 PM
City Clerk / Records
Christina Rudsell
Other
Doc ID: 5144

AGENDA ITEM
AGENDA MATTER:

CHANGE IN OFFICERS FOR 2022/2023
EXECUTIVE SUMMARY:

Approve the change in officers for the Barstow Community Services Foundation, and accept the 'Statement of Facts' (Form 405) and 'Statement of Information' (Form 100) reflecting updated information.

Both statements have been filed with the California Secretary of State.

DISCUSSION:

Subject to Section 5.01 (Number and Title) and Section 5.03 (Duties of Treasurer) of the Barstow Community Services Foundation's Bylaws, the officers of the Foundation shall be an Executive Director, a Secretary, and a Chief Financial Officer who shall be designated the Treasurer. The Foundation may also have, as determined by the Board of Directors, a President, one or more Vice Presidents, Assistant Secretaries, Assistant Treasurers, or other officers. Any number of offices may be held by the same person except that neither the Secretary nor the Treasurer, nor any Assistant Secretaries or Assistant Treasurers, may serve as the President or Executive Director. Historically, the offices have been held by the titles of officials.

Therefore, the Board of Directors will be as follows:

OFFICERS:

PRESIDENT Paul Anthony Courtney (Mayor)
VICE-PRESIDENT James M. Noble (Mayor Pro Tem)
SECRETARY Andrea Flores (City Clerk)
CHIEF FINANCIAL OFFICER Heidy Riley (Admin Services Manager) BOARD MEMBERS:

COUNCIL MEMBER Marilyn Dyer Kruse
COUNCIL MEMBER Barbara M. Rose
COUNCIL MEMBER Timothy R. Silva
FISCAL IMPACT:

None.

RECOMMENDED ACTION:
7 Packet Pg. 36
Regular Meeting
10/17/22 05:30 PM
City Clerk / Records
Christina Rudsell
Other
Doc ID: 5144

AGENDA ITEM
Approve the 2022/2023 change of officers for the Barstow Community Services Foundation and accept the 'Statement of Facts' (Form 405) and 'Statement of Interest' (Form 100). 7 Packet Pg. 37
October 15, 2021
6B4RA1W
C3616008

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Attachment: Certified 100 - Barstow Community Services Foundation updated 10 21 (5144 : Change in Officers for 2022/2023) California Secretary of State
Electronic Filing
Corporation - Statement of Information
Entity Name:

Entity (File) Number:

File Date:

Entity Type:

Jurisdiction:

Detailed Filing Information
Entity Name:

Business Addresses:

Street Address of Principal
Office in California:

Mailing Address:

Officers:

Chief Executive Officer:

Secretary:

Use bizfile.sos.ca.gov for online filings, searches, business records, and resources. 10/13/2021

CALIFORNIA
220 East Mountain View Street, Suite A
Barstow, California 92311
United States of America
220 East Mountain View Street, Suite A
Barstow, California 92311
United States of America
Willie A. Hopkins Jr.
220 East Mountain View Street, Suite A
Barstow, California 92311
United States of America
Andrea Flores
220 East Mountain View Street, Suite A
Barstow, California 92311
United States of America

BARSTOW COMMUNITY SERVICES

FOUNDATION

BARSTOW COMMUNITY SERVICES

FOUNDATION
C3616008
GX45042
G
X
4 5
0 4
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Attachment: Certified 100 - Barstow Community Services Foundation updated 10 21 (5144 : Change in Officers for 2022/2023) California Secretary of State
Electronic Filing
Service of Process:

Electronic Signature:

Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.

Heidy Riley
220 East Mountain View Street, Suite A
Barstow, California 92311
United States of America
Christina Rudsell
220 East Mountain View Street, Suite A
Barstow, California 92311
United States of America
Christina Rudsell

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Packet Pg. 40
Attachment: Certified 100 - Barstow Community Services Foundation updated 10 21 (5144 : Change in Officers for 2022/2023)

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Packet Pg. 41
Attachment: Form 405 Barstow Community Services Foundation_signed (5144 : Change in Officers for 2022/2023) Regular Meeting
10/17/22 05:30 PM
Waste Water Plant
Kody Tompkins
Budget
Doc ID: 5141

AGENDA ITEM
AGENDA MATTER:

APPROVAL TO INCREASE POND PUMPING SYSTEM PROJECT BUDGET AND AWARD TO RE

CHAFFEE CONSTRUCTION
EXECUTIVE SUMMARY:

On September 7, 2022, the City staff solicited bids for the Wastewater Treatment Plant Pond Pumping System Project. The project plans and specifications were distributed utilizing an intensive formal bidding process and a total of five (5) bids were received by the September 28th deadline. After reviewing those five bids, the lowest responsive and responsible bid amount was supplied by RE Chaffee Construction, in the amount of $407,410.00 for the east section only.

DISCUSSION:

Prior to beginning the bid process, staff prepared a formal bid package that included plans and specifications for the overall project. The initial Wastewater Staff Estimate for the cost of the project was $250,000.00. However, during the design process, the engineer’s estimate came in at $547,860.00 after the FY 23 budget was submitted. Unfortunately, the entire project including both West and East pumping systems came in at 777,070.00 from the lowest bidder. Looking at the Enterprise’s financials and the operational needs it was decided to proceed with only the East pumping system.

Bidder Bidder Price - East Pond Pumping System
RE Chaffee Construction $ 407,410.00
316 Engineering and Construction Co. Inc. $413,296.00
High Desert Underground, Inc. $ 444,370.00
Vicon Enterprise $ 496,195.00
Trinity Construction $ 549,290.36
FISCAL IMPACT:

Funding to pay for the installation of the Pond Pumping System Project was included in the approved Fiscal Year 2022/2023 Utility Improvements, Irrigation Station, account 400.803.321.23.605. During the bid opening on 9/28/2022, the lowest bidder RE Chaffee Construction came in at $407,410.00 RECOMMENDED ACTION:

Staff recommends that the City Council:

1. Appropriate an additional $200,000.00 to Capital Project Account Number 400.803.321.23.605 8 Packet Pg. 42
Regular Meeting
10/17/22 05:30 PM
Waste Water Plant
Kody Tompkins
Budget
Doc ID: 5141

AGENDA ITEM

2. Approve the lowest bidder RE Chaffee Construction in the amount of $407,410.00 for the Wastewater Treatment Plant East Pond Pumping System Project and reject all other bids.

3. Give the City Manager or designee the authority to sign an agreement. 8 Packet Pg. 43
Wastewater Treatment Plant
Pond Pumping Systems
PROJECT #: WW-22-001
Bid Summary
Item Description Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price West Pumping System
1 C-900 PVC Pipe 24" LF 740 $ 350.00 $ 259,000.00 $ 413.00 $ 305,620.00 $ 410.00 $ 303,400.00 $ 480.00 $ 355,200.00 $ 553.14 $ 409,323.60 2 Ductile Iron Tee 24" Mj EA 2 $ 15,200.00 $ 30,400.00 $ 16,122.00 $ 32,244.00 $ 25,700.00 $ 51,400.00 $ 9,500.00 $ 19,000.00 $ 24,124.99 $ 48,249.98 3 OFCI - Ductile Iron 24" Valve Mj EA 4 $ 2,300.00 $ 9,200.00 $ 4,800.00 $ 19,200.00 $ 2,900.00 $ 11,600.00 $ 500.00 $ 2,000.00 $ 6,068.67 $ 24,274.68 4 Ductile Iron 45 Bend 24" MJ EA 4 $ 5,700.00 $ 22,800.00 $ 3,500.00 $ 14,000.00 $ 7,000.00 $ 28,000.00 $ 5,500.00 $ 22,000.00 $ 5,903.64 $ 23,614.56 5 Mob/Demob/Isurance & Bond LS 1 $ 30,000.00 $ 30,000.00 $ 19,000.00 $ 19,000.00 $ 20,500.00 $ 20,500.00 $ 45,000.00 $ 45,000.00 $ 23,205.04 $ 23,205.04 6 Cash Allowance LS 1 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 7 Rip-Rap D50 =12" QY 6 960.00 $ 5,760.00 $ 577.00 $ 3,462.00 $ 2,500.00 $ 15,000.00 $ 425.00 $ 2,550.00 $ 1,061.07 $ 6,366.42 $ $ 369,660.00 $ 406,026.00 $ 442,400.00 $ 458,250.00 $ 547,534.28 East Pumping System Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 C-900 PVC Pipe 24" LF 824 $ 350.00 $ 288,400.00 $ 413.00 $ 340,312.00 $ 410.00 $ 337,840.00 $ 480.00 $ 395,520.00 $ 541.84 $ 446,476.16 2 Ductile Iron Tee 24" Mj EA 1 $ 17,300.00 $ 17,300.00 $ 16,122.00 $ 16,122.00 $ 25,700.00 $ 25,700.00 $ 9,500.00 $ 9,500.00 $ 23,925.00 $ 23,925.00 3 OFCI - Ductile Iron 24" Valve Mj EA 2 $ 3,100.00 $ 6,200.00 $ 4,800.00 $ 9,600.00 $ 2,900.00 $ 5,800.00 $ 500.00 $ 1,000.00 $ 6,148.21 $ 12,296.42 4 Ductile Iron 45 Bend 24" MJ EA 3 $ 6,900.00 $ 20,700.00 $ 3,500.00 $ 10,500.00 $ 7,000.00 $ 21,000.00 $ 6,925.00 $ 20,775.00 $ 6,589.45 $ 19,768.35 5 Mob/Demob/Isurance & Bond LS 1 $ 30,000.00 $ 30,000.00 $ 19,000.00 $ 19,000.00 $ 20,500.00 $ 20,500.00 $ 50,750.00 $ 50,750.00 $ 22,994.51 $ 22,994.51 6 Cash Allowance LS 1 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 7 Remove Existing Pipe LF 90 $ 295.00 $ 26,550.00 $ 20.00 $ 1,800.00 $ 67.00 $ 6,030.00 $ 40.00 $ 3,600.00 $ 55.15 $ 4,963.50 8 Rip-Rap D50 =12" QY 6 960.00 $ 5,760.00 $ 577.00 $ 3,462.00 $ 2,500.00 $ 15,000.00 $ 425.00 $ 2,550.00 $ 1,061.07 $ 6,366.42 $ $ 407,410.00 $ 413,296.00 $ 444,370.00 $ 496,195.00 $ 549,290.36 Description - West Unit Quantity Minimum Maxium Average C-900 PVC Pipe 24"
LF 740
$ 413.00 $ 553.14 $ 482.05
Ductile Iron Tee 24" Mj EA 2 $ 9,500.00 $ 24,124.99 $ 16,582.33 OFCI - Ductile Iron 24" Valve Mj EA 4 $ 500.00 $ 6,068.67 $ 3,789.56 Ductile Iron 45 Bend 24" MJ EA 4 $ 3,500.00 $ 5,903.64 $ 4,967.88 Mob/Demob/Isurance & Bond LS 1 $ 19,000.00 $ 45,000.00 $ 29,068.35 Cash Allowance LS 1 $ 12,500.00 $ 12,500.00 $ 12,500.00 Rip-Rap D50 =12" QY 6 $ 425.00 $ 1,061.07 $ 687.69
Description - East Unit Quantity Minimum Maxium Average C-900 PVC Pipe 24" LF 824 $ 413.00 $ 541.84 $ 478.28
Ductile Iron Tee 24" Mj EA 1 $ 9,500.00 $ 23,925.00 $ 16,515.67 OFCI - Ductile Iron 24" Valve Mj EA 2 $ 500.00 $ 6,148.21 $ 3,816.07 Ductile Iron 45 Bend 24" MJ EA 3 $ 3,500.00 $ 6,925.00 $ 5,671.48 Mob/Demob/Isurance & Bond LS 1 $ 19,000.00 $ 50,750.00 $ 30,914.84 Cash Allowance LS 1 $ 12,500.00 $ 12,500.00 $ 12,500.00 Remove Existing Pipe LF 90 $ 20.00 $ 55.15 $ 38.38
Rip-Rap D50 =12" QY 6 $ 425.00 $ 1,061.07 $ 687.69
High Desert Underground, Inc.

Vicon Enterprise
316 Engineering and
RE Chaffee Construction High Desert Underground, Inc. Construction Co. Inc. Trinity Construction Vicon Enterprise
316 Engineering and
RE Chaffee Construction Construction Co. Inc. Trinity Construction Copy of Bid Summary ww-22-001 9/28/2022

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Attachment: Bid Summary ww-22-001 (5141 : Approval to Increase Pond Pipe Line Budget and Award to 2 2 0 E A S T M O U N T A I N V I E W S T R E E T , S U I T A • B A R S T O W , C A L I F O R N I A • 92311 - 2888 P H O N E : 7 6 0 . 2 5 6 - 3531 • F A X : 7 6 0 . 2 5 6 - 1750 • W W W . B A R S T O W C A . O R G

CITY OF BARSTOW

NOTICE OF INTENT TO AWARD

WASTEWATER TREATMENT PLANT
PROJECT NUMBER. WW-22-001
Pond Pumping Systems
September 28, 2022
Notice is hereby given that the City of Barstow intends to award a contract to the following firm:

RE Chaffee Construction
PO Box 3087
Wrightwood, CA 92397
The award of the contract is subject to the approval by the City Council at the October 17, 2022, City Council meeting.

Kody Tompkins
Kody Tompkins
GM of Environmental Services

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Packet Pg. 45
Attachment: Intent to Award (5141 : Approval to Increase Pond Pipe Line Budget and Award to RE Chaffe Construction) Regular Meeting
10/17/22 05:30 PM
Waste Water Plant
Kody Tompkins
Purchase
Doc ID: 5140

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF PURCHASE OF TALL CROP FARM TRACTOR
EXECUTIVE SUMMARY:

Staff seeks the City Council's approval to enter into an agreement with Scott's Equipment in the amount of $120,636.00 to purchase a 2022 New Holland Tall Crop Farm Tractor.

DISCUSSION:

Staff is currently using a 2018 Case 570N EP 4WD utility tractor for the mixing of the Wastewater Treatment Plant’s solar drying beds, which has expensive maintenance and repair costs. The low profile of the Case utility tractor also causes the front axle and many electrical components to be repeatedly submerged in sludge. This causes abnormal wear and tear along with damage to these components.

These issues have caused premature mechanical and electrical failures and extended downtime while creating a significant financial impact on the Wastewater Department’s vehicle maintenance budget and substantial impacts within the bio solids operation.

FISCAL IMPACT:

Description amount for the New Holland TS6.110 II T4B Tractor at $120,636.00 including tax and delivery. Fiscal impact of purchasing this tractor would be allocated from equipment refurbish 400.803.320.23.605
RECOMMENDED ACTION:

Staff recommends that the City Council take the following actions:

1. Authorize staff to purchase the New Holland Tall Crop Farm Tractor, from Scott's Equipment, from account number 400.803.320.23.605 from the Wastewater Equipment Refurbish Fund; and

2.Give the City Manager or designee the authority to execute the necessary agreement. 9 Packet Pg. 46

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Packet Pg. 47
Attachment: Sourcewell (5140 : Tall Farm Tractor)
California Legal References
State Agencies:

Cal. Pub. Con. Code § 10298 (2017). Consolidation of needs of multiple state agencies; assistance to local governments (a) The director may consolidate the needs of multiple state agencies for goods, information technology, and services, and, pursuant to the procedures established in Chapter 3 (commencing with Section 12100), establish contracts, master agreements, multiple award schedules, cooperative agreements, including agreements with entities outside the state, and other types of agreements that leverage the state's buying power, for acquisitions authorized under Chapter 2 (commencing with Section 10290), Chapter 3 (commencing with Section 12100), and Chapter 3.6 (commencing with Section 12125). State and local agencies may contract with suppliers awarded those contracts without further competitive bidding.

Local Governments:

Cal. Gov. Code § 6502 (2017). Authority for agreement; out-of-state agencies If authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside this state.

It shall not be necessary that any power common to the contracting parties be exercisable by each such contracting party with respect to the geographical area in which such power is to be jointly exercised. For purposes of this section, two or more public agencies having the power to conduct agricultural, livestock, industrial, cultural, or other fairs or exhibitions shall be deemed to have common power with respect to any such fair or exhibition conducted by any one or more of such public agencies or by an entity created pursuant to a joint powers agreement entered into by such public agencies.

School Districts:

Cal. Pub. Con. Code § 20118 (2017). Authorization of public corporation or agency to make leases or purchases; warrants; costs of corporation or agency

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Packet Pg. 48
Attachment: Sourcewell (5140 : Tall Farm Tractor)
Notwithstanding Sections 20111 and 20112, the governing board of any school district, without advertising for bids, if the board has determined it to be in the best interests of the district, may authorize by contract, lease, requisition, or purchase order, any public corporation or agency, including any county, city, town, or district, to lease data-processing equipment, purchase materials, supplies, equipment, automotive vehicles, tractors, and other personal property for the district in the manner in which the public corporation or agency is authorized by law to make the leases or purchases from a vendor. Upon receipt of the personal property, if the property complies with the specifications set forth in the contract, lease, requisition, or purchase order, the school district may draw a warrant in favor of the public corporation or agency for the amount of the approved invoice, including the reasonable costs to the public corporation or agency for furnishing the services incidental to the lease or purchase of the personal property, or the school district may make payment directly to the vendor. Alternatively, if there is an existing contract between a public corporation or agency and a vendor for the lease or purchase of the personal property, a school district may authorize the lease or purchase of personal property directly from the vendor by contract, lease, requisition, or purchase order and make payment to the vendor under the same terms that are available to the public corporation or agency under the contract.

About Sourcewell:

Sourcewell is a service cooperative created by the Minnesota legislature as a local unit of government. Minn. Const. art. XII, sec. 3. As a public corporation and agency, Sourcewell is governed by local elected municipal officials and school board members. Minn. Stat. § 123A.21 Subd. 4 (2017). Under its enabling statute, Sourcewell is explicitly authorized to provide cooperative purchasing services to eligible members. Id. at Subd. 7(23).

Sourcewell follows the competitive contracting law process to solicit, evaluate and award cooperative purchasing contracts for goods and services. Sourcewell cooperative purchasing contracts are made available through the joint exercise of powers law to member agencies. Minn. Stat. § 471.59 (2017). Membership in Sourcewell is available for all eligible state and local governments, education, higher education and nonprofit entities across North America. § 123A.21 at Subd. 3.

The information found on the Sourcewell website are provided for educational and informational purposes only.This information contained on the website, including any printed material derived from this website, is not legal advice and no attorney-client or other contractual relationship is formed by access to this information.Information here may be out of date, obsolete, or otherwise inaccurate.Please consult with a qualified attorney regarding any questions. 202 12th Street NE | P.O. Box 219 | Staples, MN 56479 888-894-1930 | www.sourcewell-mn.gov

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Attachment: Sourcewell (5140 : Tall Farm Tractor)

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Packet Pg. 50
Attachment: [email protected]_20220815_094405 (5140 : Tall Farm Tractor) California Legal References
State Agencies:

Local Governments:

School Districts:

Cal. Pub. Con. Code § 20118 (2017). Authorization of public corporation or agency to make leases or purchases; warrants; costs of corporation or agency

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Packet Pg. 51
Attachment: [email protected]_20220815_094405 (5140 : Tall Farm Tractor) Notwithstanding Sections 20111 and 20112, the governing board of any school district, without advertising for bids, if the board has determined it to be in the best interests of the district, may authorize by contract, lease, requisition, or purchase order, any public corporation or agency, including any county, city, town, or district, to lease data-processing equipment, purchase materials, supplies, equipment, automotive vehicles, tractors, and other personal property for the district in the manner in which the public corporation or agency is authorized by law to make the leases or purchases from a vendor. Upon receipt of the personal property, if the property complies with the specifications set forth in the contract, lease, requisition, or purchase order, the school district may draw a warrant in favor of the public corporation or agency for the amount of the approved invoice, including the reasonable costs to the public corporation or agency for furnishing the services incidental to the lease or purchase of the personal property, or the school district may make payment directly to the vendor. Alternatively, if there is an existing contract between a public corporation or agency and a vendor for the lease or purchase of the personal property, a school district may authorize the lease or purchase of personal property directly from the vendor by contract, lease, requisition, or purchase order and make payment to the vendor under the same terms that are available to the public corporation or agency under the contract.

About Sourcewell:

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Packet Pg. 52
Attachment: [email protected]_20220815_094405 (5140 : Tall Farm Tractor) Regular Meeting
10/17/22 05:30 PM
City Clerk / Records
Christina Rudsell
Travel
Doc ID: 5146

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE OF

CALIFORNIA CITIES CITY CLERKS NEW LAW AND ELECTIONS SEMINAR EXECUTIVE SUMMARY:

It is requested that the City Council approve travel to the League of California Cities City Clerks New Law and Elections Seminar in Monterey, CA for City Clerk Andrea Flores.

DISCUSSION:

The League of California Cities City Clerks New Law and Elections Seminar is scheduled for December 7 - 9, 2022, in Monterey, CA. It is requested that the City Council approve attendance at this event for City Clerk Andrea Flores. Estimated costs to attend this conference are as follows:

Conference Registration $ 500.00
Travel/Transportation $ 300.00
Meals $ 300.00
Hotel $ 650.00
TOTAL $ 1,750.00
FISCAL IMPACT:

Funds are available in the FY 2022/23 budget from General Fund Account No. 100.110.110.03.301.

RECOMMENDED ACTION:

Approve travel for City Clerk Andrea Flores to Monterey, CA for the League of California Cites New Law and Elections Seminar.
10 Packet Pg. 53
Regular Meeting
10/17/22 05:30 PM
City Manager Department
Maribel Hernandez
Report
Doc ID: 5155

AGENDA ITEM
AGENDA MATTER:

MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 4TH QUARTER EXECUTIVE SUMMARY:

In accordance with Barstow Municipal Code Section 2.26.050, the Resident Oversight Commission will review, on a quarterly basis, the expenditures of revenues received from the 1% Local Transaction and Use Tax and prepare a financial report categorized by each city department, including the Barstow Fire Protection District.

DISCUSSION:

At the February 4, 2019, City Council meeting, the Council adopted Ordinance No. 960-2019, adopting Barstow Municipal Code Chapter 2.26 (“Resident Oversight Commission”) of Title 2 (“Administration and Personnel”) to establish a Resident Oversight Commission to review and report on expenditures of the 1% Local Transactions and Use Tax.

The Resident Oversight Commission met on September 28, 2022 and reviewed the expenditures of revenue generated by the tax imposed by Measure Q for the 4th Quarter of Fiscal Year 2021-2022 covering the period of April 1, 2022 - June 30, 2022. The financial report is attached for further reference.

FISCAL IMPACT:

N/A
RECOMMENDED ACTION:

That the City Council receive and file the Measure Q Fund Financial Report for the 4th Quarter of Fiscal Year 2021-2022 covering the period of April 1, 2022 - June 30, 2022. 11 Packet Pg. 54
General Fund Sub Fund -Measure Q
Revenues and Expenditure Summary
April 1, 2022 - June 30, 2022
Revenues Q1 Q2 Q3 Q4 YTD
07/01/21 $ 767,422.29 10/1/2021 $ 691,547.59 01/01/22 $ 691,954.52 4/1/2022 783,466.96 08/01/21 $ 724,065.42 11/1/2021 $ 562,552.15 02/01/22 $ 629,283.21 5/1/2022 770,340.50 09/01/21 $ 967,247.09 12/1/2021 $ 1,190,585.32 03/01/22 $ 1,141,075.36 6/1/2022 1,152,738.99 TOTAL REVENUE $ 2,458,734.80 $ 2,444,685.06 $ 2,462,313.09 2,706,546.45 $ 10,072,279.40 Q1 Q2 Q3 Q4 Year-to-Date
Expenditures Appropriation Expenditures Expenditures Expenditures Expenditures Description General Government - Transfers & Other
Benefits 72,648.00 72,647.02 - 72,647.02 Pension Unfunded Liability Cost Allocation $ 500,000.00 $ 124,999.97 $ 125,000.01 $ 125,000.01 $ 125,000.01 $ 500,000.00 Annual Cost Allocation $500K to General Fund Total $ 572,648.00 197,646.99 125,000.01 125,000.01 125,000.01 572,647.02 City Manager Division
Operations 1,800.00 - 1,796.65 - 1,796.65 HDL Measure Q Audit Total 1,800.00 - 1,796.65 1,796.65
General Government - IT Division
Salaries 52,467.00 10,044.91 14,275.02 10,263.95 13,872.54 48,456.42 1 IT Coordinator (Shared Position) Benefits 5,420.00 1,278.67 1,545.47 1,044.26 1,047.40 4,915.80 1 IT Coordinator (Shared Position) Operations 11,000.00 - - 7,125.81 2,412.48 9,538.29
Total 68,887.00 11,323.58 15,820.49 18,434.02 17,332.42 62,910.51 General Government - Insurance/Risk Mgmt Division
Operations 93,192.00 92,959.00 - - - 92,959.00 Annual Liability Insurance Premium Total 93,192.00 92,959.00 - 92,959.00
Police Uniform Division
Salaries 1,662,794.00 294,932.56 426,508.74 335,933.05 535,686.59 1,593,060.94 1 Police Officer Trainee 7 Police Officers
Benefits 281,227.00 139,650.09 33,026.74 30,232.54 33,801.90 236,711.27 Operations 596,050.00 57,071.54 85,921.65 57,099.71 259,048.73 459,141.63 Capital & Equipment - - -
Total 2,540,071.00 491,654.19 545,457.13 423,265.30 828,537.22 2,288,913.84 Police Dispatch Division
Salaries 307,314.00 65,407.61 74,222.99 57,545.50 103,387.05 300,563.15 3 Dispatchers Benefits 24,775.00 5,994.87 6,492.01 2,872.71 5,988.84 21,348.43 Operations - - -
Total 332,089.00 71,402.48 80,715.00 60,418.21 109,375.89 321,911.58 Police Administration Division
Salaries 60,349.00 12,537.14 16,736.27 12,768.40 16,822.44 58,864.25 1 Police Services Assistant Benefits 8,361.00 1,918.27 3,134.95 1,656.91 1,741.63 8,451.76 Total 68,710.00 14,455.41 19,871.22 14,425.31 18,564.07 67,316.01

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Packet Pg. 55
Attachment: Measure Q FY 21-22 4thQtr (5155 : Measure Q Fund Financial Report FY 2021-2022 - 4Th Quarter) General Fund Sub Fund -Measure Q
Revenues and Expenditure Summary
April 1, 2022 - June 30, 2022
Public Works - Streets Maintenance
Salaries 108,991.00 24,263.67 28,178.10 20,273.39 35,737.15 108,452.31 2 Public Services Assistant I Benefits 13,989.00 3,326.20 3,381.20 2,132.57 2,812.64 11,652.61 Operations 164,551.00 - - 34,700.27 108,830.71 143,530.98 Capital & Equipment 126,698.00 2,039.36 4,602.68 2,236.56 115,320.91 124,199.51 Total 414,229.00 29,629.23 36,161.98 59,342.79 262,701.41 387,835.41 Public Works
Capital & Equipment 47,100.00 - - - - - John Deere 210L Diesel Mower Total 47,100.00 - - - - -
Public Works - Fleet Maintenance
Salaries 78,567.00 16,296.29 21,985.45 16,883.53 23,011.38 78,176.65 1 Mechanic Benefits 8,795.00 2,253.92 2,677.64 1,825.16 3,717.37 10,474.09 Operations 10,000.00 122.15 432.28 6,244.83 1,720.28 8,519.54 Total 97,362.00 18,672.36 25,095.37 24,953.52 28,449.03 97,170.28 Community Development - Community Promotional Fund
Planned Community Promotions 32,200.00 - - 1,500.00 2,713.13 4,213.13 Downtown Xmas Lights 5,850.00 - 2,800.00 2,007.89 - 4,807.89 Mural Program - - - - -
4th of July Community Event 20,900.00 20,900.00 - - 269.04 21,169.04 Military Banners 3,500.00 - 1,542.33 - - 1,542.33
Community Promotional Fund (Unplanned) 2,500.00 - - - - - Senior/Youth Funds 50,000.00 2,877.50 8,646.12 13,203.56 12,772.82 37,500.00 Total 114,950.00 23,777.50 12,988.45 16,711.45 15,754.99 69,232.39 Parks & Recreation Division
IT Services 4,500.00 - - - 4,500.00 4,500.00
Capital & Equipment 62,792.00 - - 57,154.15 3,284.22 60,438.37 Total 67,292.00 - - 57,154.15 7,784.22 64,938.37

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Packet Pg. 56
Attachment: Measure Q FY 21-22 4thQtr (5155 : Measure Q Fund Financial Report FY 2021-2022 - 4Th Quarter) General Fund Sub Fund -Measure Q
Revenues and Expenditure Summary
April 1, 2022 - June 30, 2022
Barstow Fire Protection District - MQ Fund 102
Operations 167,203.00 - 83,601.48 - 83,601.48 167,202.96 Holman Capital Lease Payment - April 2021
• New Fire Engine
• KME Fire Engine Refurbishment
• Hydraulic Lift for Servicing Fire Apparatus
Transfer to Measure Q Fund 103 3,823,326.00 1,444,602.58 1,094,655.18 455,844.01 620,258.45 3,615,360.22 Total 3,990,529.00 1,444,602.58 1,178,256.66 455,844.01 703,859.93 3,782,563.18 Barstow Fire Protection District - MQ Fund 102
Transfer to Measure Q Fund 103 90,726.00 20,528.84 27,179.56 20,287.04 26,351.49 94,346.93 Total 90,726.00 20,528.84 27,179.56 20,287.04 26,351.49 94,346.93 TOTAL FUND 102 8,499,585.00 2,416,652.16 2,066,545.87 1,277,632.46 2,143,710.68 7,904,541.17 Barstow Fire Protection District - MQ Fund 103
Salaries 1,930,017.00 499,374.85 477,274.48 358,807.00 445,813.26 1,781,269.59 3 Battalion Chiefs, 6 FF/Paramedic Benefits 1,222,696.00 935,581.67 100,879.00 79,244.70 91,789.04 1,207,494.41 Operations 205,613.00 9,646.06 16,501.70 35,128.44 76,819.65 138,095.85 Transfer - 225 to 101 Fire Loan 500,000.00 - 500,000.00 - 500,000.00 Total 3,858,326.00 1,444,602.58 1,094,655.18 473,180.14 614,421.95 3,626,859.85 Barstow Fire Protection District Admin - MQ Fund 103
Salaries 85,254.00 17,992.33 23,468.02 18,254.22 24,329.28 84,043.85 1 Fire Inspector/Arson Investigator Benefits 10,272.00 1,655.54 2,904.32 3,721.01 2,022.21 10,303.08 Total 95,526.00 19,647.87 26,372.34 21,975.23 26,351.49 94,346.93 TOTAL FUND 103 3,953,852.00 1,464,250.45 1,121,027.52 495,155.37 640,773.44 3,721,206.78 GRAND TOTAL $ 12,453,437.00 $ 3,880,902.61 $ 3,187,573.39 $ 1,772,787.83 $ 2,784,484.12 $ 11,625,747.95

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Attachment: Measure Q FY 21-22 4thQtr (5155 : Measure Q Fund Financial Report FY 2021-2022 - 4Th Quarter)

MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Resident Oversight Commission
SUBJECT: Measure Q Fund Financial Report - Fiscal Year 2021-2022 – 4 th Quarter
DATE: September 28, 2022
The Resident Oversight Commission has reviewed all revenues and expenditures in accordance with Barstow Municipal Code Section 2.26.050 and reports the following:

Fiscal Year 2021-2022  4th Quarter (April 1, 2022 – June 30, 2022) TOTAL REVENUES: $2,706,546.45
TOTAL EXPENDITURES: ($ 2,784,484.12)

EXCESS OF REVENUES OVER
EXPENDITURES:
($77,937.67)
See EXHIBIT A for breakdown of revenues and expenditures ____________________________________ _____________________ Kimberly Johnson, Chairperson Date
____________________________________ _____________________ Marc Puckett, Interim Finance Director Date

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Attachment: Measure Q FY 21-22 4thQtr (5155 : Measure Q Fund Financial Report FY 2021-2022 - 4Th Quarter) Regular Meeting
10/17/22 05:30 PM
Environmental Services
Kody Tompkins
Purchase
Doc ID: 5118

COUNCIL AGENDA ITEM
AGENDA MATTER:

ALLOCATE MEASURE Q FUNDS FOR THE PURCHASE OF EQUIPMENT AND MATERIALS EXECUTIVE SUMMARY:

At the August 3, 2022, Street Committee Meeting, there was a request by two Council Members to bring necessary equipment into our fleet to perform routine maintenance to the City’s roads in order to extend their useful life. The Street Committee agreed that measures should be taken now to preserve as much of the City’s infrastructure until additional funding can be appropriated. Staff will reallocate existing funding to purchase a mastic machine and materials to address some of the public’s concerns in areas where the crack sealer is not appropriate.

DISCUSSION:

Staff is asking for an allocation to purchase a mastic machine to add to the City’s equipment arsenal to address, maintain, and maximize the City’s return on the infrastructure investment. While the City utilizes a crack sealer to fill in and prevent water from infiltrating the asphalt, there are limitations to this equipment such as longitudinal, transverse, and block cracking. A mastic machine will allow staff to address these areas and maximize the City’s return on investment.

The mastic machine requires the same amount of personnel as a crack sealer, but can be used in a wider range of road conditions such as potholes, wide cracks or crack sealing, utility cuts, asphalt/concrete seam repair, skin patches, alligator crack repair, manhole/drain/culvert repairs, repair depressions, ruts and low pavement, level bridges approaches, bridge deck/joint repairs, and parking lot repairs. These are all areas of major concern. As the funding for street projects over the past few years has declined, it is important to increase our internal asphalt preservation practices.

FISCAL IMPACT:

Using existing funding from Measure Q, Streets, Technical Supplies account in the amount of $90,160.26 to purchase a mastic machine and additional materials to address some of the road conditions that a crack sealer is not the correct piece of equipment for the City’s road condition. A proposed budget amendment recommended to allocate the equipment costs to a 400 account is needed.

RECOMMENDED ACTION:

1. Approve Budget Amendment Number 090222 in the amount of $90,160.26, from Streets Measure Q funds, to the appropriate 400 account.

2. Authorize the City Manager or designee the authority to purchase mastic machine and mastic materials from SealMaster for an amount of $90,160.26.
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ï ±º í

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Attachment: BBBQ53956(2) (5118 : Allocate Measure Q Funds for the Purchase of Equipment and Materials) î ±º í

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Attachment: BBBQ53956(2) (5118 : Allocate Measure Q Funds for the Purchase of Equipment and Materials) í ±º í

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Attachment: BBBQ53956(2) (5118 : Allocate Measure Q Funds for the Purchase of Equipment and Materials) Please remit payment to:

SealMaster
518 Sumner St.

Bakersfield, CA 93305
SealMaster Bakersfield
518 SUMNER ST
BAKERSFIELD, CA 93305
(661) 546-9135
[email protected]
www.sealmaster.net
Estimate

ADDRESS
City of Barstow
220 E Mountain View Street, Suite A
Barstow, CA 92311-2888
United States of America
ESTIMATE # 2698
DATE 08/17/2022

SHIP VIA
SealMaster

SKU DESCRIPTION QTY RATE AMOUNT
E2776 MASTIC MACHINE-300 GALLON 1 63,702.00 63,702.00T
PE2680 OPTION-ARROW BOARD 1 1,619.75 1,619.75T
E2860 CrackMaster Mastic Applicator 1 2,142.00 2,142.00T M1094L Mastic PL 40# Boxes (8 pallets) 17,920 0.78 13,977.60T **HGACBuy Pricing** SUBTOTAL 81,441.35
TAX 6,718.91
SHIPPING 2,000.00
TOTAL $90,160.26
Accepted By Accepted Date

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Attachment: Estimate_2698_from_SealMaster_Bakersfield (5118 : Allocate Measure Q Funds for the Purchase of Equipment and Materials) Regular Meeting
10/17/22 05:30 PM
Finance
Marc Puckett
Contract
Doc ID: 5154

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF UPDATED MEMORANDUMS OF UNDERSTANDING FOR UNITS 1, 2, 3, 6 AND 8 EXECUTIVE SUMMARY:

During the past several months, staff has been engaged in negotiations with Teamsters Local 1932 - Unit 1, Teamsters Local 1932 - Unit 2, Barstow Management Employees’ Association - Unit 6, Barstow Police Officers Association - Unit 3, and Barstow Police Department Management Association - Unit 8.

Recently, the City was able to reach agreement with the collective bargaining units on updated Memorandums of Understanding (MOUs) which cover the period from July 1, 2022 through June 30, 2025. Attached for the Council’s consideration are the following MOUs:

Teamsters Local 1932 - Unit 1 (Attachment A - Red-line) (Attachment B - Clean)
Teamsters Local 1932 - Unit 2 (Attachment C - Red-line) (Attachment D - Clean)
Barstow Management Employees’ Association - Unit 6 (Attachment E - Red-line) (Attachment F - Clean)
Barstow Police Officers’ Association - Unit 3 (Attachment G - Red-line) (Attachment H - Clean)
Barstow Police Department Management Association - Unit 8 (Attachment I - Red-line) (Attachment J - Clean)
DISCUSSION:

The agreed-upon MOUs with Units 1, 2, 3, 6 and 8 call for identical adjustments to salaries covering the period from July 1, 2022 through June 30, 2025. The changes in the updated MOUs for each bargaining unit include the following:

For Units 1, 2, 3, 6 and 8:

Effective July 01, 2022 - an 8% (eight percent) base salary increase.

Effective July 01, 2023 - a 6% (six percent) base salary increase.

Effective July 01, 2024 - a 2% (two percent) base salary increase. 13 Packet Pg. 64
Regular Meeting
10/17/22 05:30 PM
Finance
Marc Puckett
Contract
Doc ID: 5154

AGENDA ITEM
Also, for Units 1, 2, 3, 6 and 8:

Add Juneteenth as a recognized holiday by the City, and The City agrees to conduct a class and compensation study at its own expense covering all positions.

Also, for Units 1, 2 and 6:

Article 28 - Safety Boot Reimbursement - Increased to $300 per fiscal year from $225.

Article 42 - Bereavement Leave - Clarify that employees shall be entitled to five (5) paid days for bereavement leave in the event of the death of a member of the employee’s immediate family per occurrence.

For BPOA - Unit 3:

Article 19 - Detectives not assigned to standby duty shall be allowed the use of a City vehicle subject to the availability of a City vehicle for the purposes of being able to respond to calls back to duty.

For BPMA - Unit 8:

Article 18 - Standby Pay - Police Lieutenants shall be eligible to receive stand-by pay compensation.

For Units 1, 2, 3, 6, and 8:

All other terms and conditions of the preceding MOU will remain in effect and be included in the successor agreement without further changes.

The estimated annual impact for all five bargaining units is as follows:

Unit 1 Unit 2 Unit 3 Unit 6 Unit 8 Total
FY 22-23 $193,918 $265,138 $295,133 $255,808 $119,321 $1,129,318 FY 23-24 $157,391 $218,330 $242,701 $213,318 $101,284 $933,024 FY 24-25 $56,687 $87,409 $96,049 $94,479 $50,836 $385,460 The estimated financial impact for all five bargaining units is calculated for all economic issues negotiated within the new MOUs. These totals include consideration of the additional retirement contributions that will be necessary. The estimated financial impact for each unit varies widely due to the number of employees within each unit and wage base for those employees.

FISCAL IMPACT:
13 Packet Pg. 65
Regular Meeting
10/17/22 05:30 PM
Finance
Marc Puckett
Contract
Doc ID: 5154

AGENDA ITEM
The annual fiscal impact for adoption of the MOUs is outlined within the "Discussion" Section of this staff report. The fiscal impact of the additional wages and benefits for the term of the MOUs is $2,447,802.

RECOMMENDED ACTION:

Staff recommends that the City Council take the following action:

1. Approve the MOU with Unit 1 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment B)

2. Approve the MOU with Unit 2 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment D)

3. Approve the MOU with Unit 3 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment H)

4. Approve the MOU with Unit 6 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment F)

5. Approve the MOU with Unit 8 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment J)
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P a g e
1 005828.00022
38798512.1

THECITYOF

MEMORANDUM OF UNDERSTANDING

BETWEEN

THECITY OF BARSTOW
AND
TEAMSTERS LOCAL 1932
UNIT 1
JULY1, 2022-JUNE30, 2025

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Table of Contents
SECTION 1 - GENERAL PROVISIONS 4
ARTICLE 1 – PREAMBLE 4
ARTICLE 2 - RECOGNITION AND SCOPE OF REPRESENTATION 4
ARTICLE 3 - PAYROLL DEDUCTIONS AND UNION MEMBERSHIP 4
ARTICLE 4 - UNION ACTIVITIES 4
ARTICLE 5 - MANAGEMENT RIGHTS 6
ARTICLE 6 - ADMINISTRATIVE AUTHORITY 7
ARTICLE 7 - CONDITIONS OF EMPLOYMENT 7
ARTICLE 8 - REST PERIODS 7
ARTICLE 9 - MEAL PERIODS 7
ARTICLE 10 -TRAINING 7
ARTICLE 11 - DRUG TESTING 7
ARTICLE 12 - BULLETIN BOARDS 7
ARTICLE 13 - LEAVE OF ABSENCE 7
ARTICLE 14 - HOURS OF WORK 8
ARTICLE 15 - SENIORITY REGARDING FORCE REDUCTION PROCEDURES 8 ARTICLE 16 - EMPLOYEE DISCIPLINE 9
ARTICLE 17 - APPEAL TO THE CITY COUNCIL 9
ARTICLE 18 - GRIEVANCE PROCEDURES 10
ARTICLE 19 - FULL AGREEMENT 13
ARTICLE 20 - NON-DISCRIMINATION 14
ARTICLE 21 – SEVERABILITY 14
ARTICLE 22 - AGREEMENT EFFECTIVE UPON APPROVAL BY BOTH PARTIES 13 ARTICLE 23 - TERM OF AGREEMENT 14
SECTION 2 - SALARIES AND OTHER PAY 14
ARTICLE 24 – WAGES 14
ARTICLE 25 - PERFORMANCE BONUS 15
ARTICLE 26 – OVERTIME
15 ARTICLE 27 - COMPENSATORY TIME 16
ARTICLE 28 - UNIFORMS, SAFETY BOOTS, AND SAFETY EQUIPMENT 17 ARTICLE 29 - HIGHER CLASSIFICATION PAY 18
ARTICLE 30 - DIFFERENTIAL PAY 18
ARTICLE 31 - STANDBY PAY 18
ARTICLE 32 - CALL-BACK PAY 19
ARTICLE 33 - INDUSTRIAL INJURY SUPPLEMENTAL PAY 19
ARTICLE 34 - BILINGUAL SERVICES PAY 19
ARTICLE 35 - TUITION REIMBURSEMENT 20
ARTICLE 36 – RECLASSIFICATION 20
SECTION 3 –RETIREMENT 20
ARTICLE 37 - RETIREMENT BENEFIT 20
ARTICLE 38 - RETIREE MEDICAL BENEFIT 21
SECTION 4 - TIME-OFF PROVISIONS 26
ARTICLE 39 – HOLIDAYS 26

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ARTICLE 40 –VACATION 26
ARTICLE 41 - SICK LEAVE 27
ARTICLE 42 - BEREAVEMENT LEAVE 27
ARTICLE 43 - JURY LEAVE 27
ARTICLE 44 - MILITARY LEAVE 28
SECTION 5 - INSURANCE 29
ARTICLE 45 - CAFETERIA PLAN 29
ARTICLE 46 - MEDICAL INSURANCE 29
ARTICLE 47 - DENTAL INSURANCE 29
ARTICLE 48 - VISION INSURANCE 29
ARTICLE 49 -LIFE INSURANCE 29
ARTICLE 50 - STATE DISABILITY INSURANCE 29
ARTICLE 51 -LONG TERM DISABILITY 29

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TEAMSTERS LOCAL 1932
UNIT1

MEMORANDUM OF UNDERSTANDING
____________________________________________________________________________ SECTION 1 -GENERAL PROVISIONS
ARTICLE 1 -PREAMBLE
This Memorandum of Understanding (Agreement) is made and entered into by and between the City of Barstow (City) and the Teamsters Local 1932 - Unit 1 (Union), pursuant to the MeyersMilias-Brown Act of the State of California, the Barstow Municipal Code, and the Personnel Policies and Procedures of the City of Barstow.

It is the intent and purpose of this Agreement to set forth the understanding reached between the Union and the City as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between employees represented by the Union (herein after referred to as Employees) and representatives of the City. The parties affirm their mutual commitment to the goals of respecting and valuing people, effective and efficient public service, sound and responsible management, and amicable employer-employee relations.

ARTICLE 2- RECOGNITION AND SCOPE OF REPRESENTATION
During the term of this Agreement, the City recognizes that the following positions shall be represented by the Union:
• Environmental Services Assistant I
• Environmental Services Assistant II
• Environmental Services Assistant Ill
• Mechanic
• Mechanic- Wastewater
• Public Services Assistant I
• Public Services Assistant II
• Public Services Assistant Ill
• Senior Mechanic
• Senior Wastewater Treatment Plant Operator
• Street Sweeper Operator
• Wastewater Plant Operator In Training
• Wastewater Treatment Plant Operator
The Union's scope of representation shall include all matters pertaining to wages, hours, and other terms and conditions of employment.

ARTICLE 3- PAYROLL DEDUCTIONS AND UNION MEMBERSHIP
The Union shall have the sole and exclusive right to have membership dues deducted for employees covered under this Agreement by the City, upon appropriate written authorization from such employee. The City shall make remittance to the Union within fifteen (15) working days of the deduction of such sums. Teamsters certifies it shall maintain authorizations for all Teamster members.

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The City shall deduct, upon receipt of a duly executed form properly signed by a member of the Union, dues for members of the Union. The Union shall advise the City in writing of the dues to be deducted for each member of the Union. Any change in dues will be submitted to the City in writing thirty (30) days prior to the effective date of such change.

Employees in the bargaining unit who are not members of the Union on the effective date of this Agreement, and employees who hereinafter come into the bargaining unit shall within the first pay period from the date of signing a Teamster membership card become a member of Teamsters and pay the appropriate bi-weekly membership dues.

The Union shall, as soon as possible, notify the City if any member of the bargaining unit revokes a dues/fees authorization.

In any situation where an employee requests information about becoming or remaining a member of the Union, the City shall refer such inquiries to the Union for response.

The Union agrees to provide the City with written notice of its address of record; to pay to the City upon written demand a service charge of five (5) cents per name per month; to indemnify, defend and hold harmless against any claims made and any suit initiated against the City on account of Union deductions.

The City shall forward a monthly personnel report to the Union and assigned Business Agent, which will include any and all personnel actions (new hires, terminations, transfers, promotions, home address changes, etc.) within the Unit.

ARTICLE 4- UNION ACTIVITIES
The City shall provide Union representatives with a reasonable amount of time to address Union business without loss of pay or benefits. Before using this time, the Union representatives must notify the immediate supervisor that the employee will be conducting Union business and advise the supervisor of where the employee can be reached in case of an emergency.

In addition, the City shall grant release time for all Employees to conduct one special meeting each quarter. The City will also allow the Union use of City facilities and equipment for said Union meetings.

The City shall provide Union representatives with a reasonable amount of time to address Union business without loss of pay or benefits. Before using this time, the Union representatives must notify the immediate supervisor that the employee will be conducting Union business and advise the supervisor of where the employee can be reached in case of an emergency.

The City shall grant release time (2 hours plus travel time) to allow Primary Steward to attend training at Teamsters Local 1932.

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of their employment status, rights, benefits, duties and responsibilities, or any other employmentrelated matters.

The City shall provide the Union mandatory access to its new employee orientations. The exclusive representative shall receive not less than ten (1 0) calendar days' notice in advance of an orientation, except that shorter notice may be provided in a specific instance where there is an urgent need critical to the City's operations that was not reasonably foreseeable.

At all new employee orientations, Union representatives shall be allowed up to thirty {30) minutes exclusive time with bargaining unit employees to explain the coverage of this Agreement, obligations and benefits of Union membership, and to provide all other pertinent information to the employees regarding the Union. Such time may be scheduled in a meeting room or other space provided by the City.

In the event the City does not conduct an in-person new employee orientation, the Union shall have thirty (30) minutes to meet with new bargaining unit employees at their worksite, within thirty (30) days of their start date, to share information. The Union Representative shall be afforded release time for the meetings described herein.

Unit Information
The City shall provide Teamsters Local 1932 and the assigned Business Agent with a list of all current employees in the bargaining unit, identifying any new employee hired since the last report and the position they have been assigned to. This report shall be provided every 120 days and shall include contact information and worksite locations.

Said decision-making shall not (in any way directly or indirectly) be subject to the City's grievance procedure. However, the City shall meet and confer over the impact of the decision and how it affects a matter within the scope of bargaining.

The exclusive rights of the City shall include, but are no11imited to: determine the organization of City government and the purpose I mission of its constituent divisions I departments; set standards of service to be offered to the public and to exercise control and discretion over its organization and operations; establish and effect administrative regulations and employment rules I regulations consistent with law; direct its employees; take disciplinary action for just cause; relieve its employees from duty because of lack of work or for other legitimate reasons; determine the procedures and standards of selection for employment and promotion; determine the content of job classifications; determine the methods, means, and personnel by which the City's services are to be provided; maintain the efficiency of governmental operations; and to otherwise act in the interest of efficient service to the community. The inclusion of such rights in a list of City rights, and the right of the City to act on such rights shall not be subject to grievance. However, such rights shall not abridge the right of an employee to file grievance on the implementation of said rights.

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ARTICLE 6 - ADMINISTRATIVE AUTHORITY
During the term of this Agreement, the City Council shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry. Neither the City Council, nor any members thereof, shall be allowed to give orders to any subordinates of the City Manager.

ARTICLE 7 - CONDITIONS OF EMPLOYMENT
Except as otherwise noted herein, the terms and conditions of employment for members of the Union shall be those prescribed in the existing Personnel Rules and Regulations manual of the City unless otherwise agreed to by the Union.

ARTICLE 8 - REST PERIODS
Employees who work at least three and one-half (3 ½ hours shall be provided a paid fifteen (15) minute rest period (or break) for each three and one-half (3 ½) hour period worked. Rest periods shall be scheduled at the discretion of the employee's immediate supervisor in accordance with operational workload and shall be taken in an area approved by the City.

ARTICLE 9 - MEAL PERIODS
Each Employee shall be granted an uninterrupted thirty (30) minute meal period away from his I her workstation. The employee's immediate supervisor shall schedule such meal period.

Employees shall be allowed to leave the premises or job site during the meal period provided that said employee notifies his I her immediate supervisor.

ARTICLE 10 - TRAINING
The City will provide Employees with copies of all maintenance-related training opportunities for posting on the bulletin board no later than three (3) days after receipt of such notices. Copies of these notices will also be provided to Union representatives.

In addition, the City will provide a semi-annual budget report on training. This report will identify all training requests received; requests approved and denied; expense reports submitted for training and balance of funds available for training. The City shall also provide the Union a listing of all training and trade publications received by the City.

ARTICLE 11 - DRUG TESTING
The City and the Union will work together to develop a "reasonable suspicion" drug testing policy.

All employees will receive drug and alcohol training.

ARTICLE 12 - BULLETIN BOARDS
The Union is authorized to furnish a reasonable number of bulletin boards on City property, the location of which shall be mutually determined. Posted notices shall not be obscene; defamatory; discriminatory; of a political nature; pertain to public issues that do not involve the City or its relations with Employees; or otherwise violate City policy. The Union agrees to limit its posting of notices and bulletins to such areas.

ARTICLE 13- LEAVE OF ABSENCE
The City may grant Employees a leave of absence without pay for a period not to exceed twelve (12) months. After twelve (12) months, the leave of absence may be extended by the City. No such leave shall be granted except upon written request of the employee setting forth the reason for the request and the approval shall be in writing.

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Upon expiration of a regularly approved leave of absence or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time the leave was granted.

Failure on the part of an employee on leave to report promptly at its expiration or within a reasonable time after the notice to return to duty has been issued shall be cause for discharge.

The depositing in the U.S. Mail of a first-class letter, certified mail, return receipt requested, addressed to the employees last known place of residence, shall be reasonable notice. If the signed receipt is not returned to the City within ten (10) calendar days following the date of mailing to residence, the employee will be considered to have abandoned his position and will be removed from the payroll.

ARTICLE 14- HOURS OF WORK
The average regular work week for full-time Employees shall be forty (40) hours. For all employees with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12. For the term of this agreement, Employees will be assigned to a 5/40 schedule.

In certain instances, alternatives to the traditional work schedule for the convenience of the employee may be appropriate. Such schedules may be installed under the following guidelines:

1. The City or the employee may initiate a request regarding such alternate work schedules.

2. Alternate work schedules shall not reduce service to the public.

3. Such schedules may be revoked by either party upon notice to the other party.

4. Such schedules may continue by mutual agreement of both parties.

5. Employees who perform authorized work in excess of the defined alternate work day or work week and who are otherwise eligible for overtime pay shall be compensated for such work at the rate of one and one half (1 )12) times their regular hourly rate of pay.

6. Employees may be assigned to or from an alternate work schedule only effective at the beginning of a biweekly pay period.

Lay-offs, however, shall not be used as a substitute for separation, release, or discharge or other termination actions.

The City of Barstow shall attempt to retain those employees in each affected area who have the longest period of service. In determining the order of lay-offs, however, a combination of factors shall be considered, including, but not limited to: qualifications, productivity, general performance, and needs of the City. Qualifications, productivity, and general performance will be determined using the following criteria:
a. An employee's last four performance evaluations, if in existence. b. Any history of employee written disciplinary action over the last four (4) years. c. Attendance record, including tardiness and unexcused absences over the last four (4) years.
d. Safety record, including personal injury and damage to City property attributable to the employee as determined by the City.

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In the event a less senior employee in a classification to be laid off has superior skills, abilities, qualifications, merit, and record, the more senior employee shall be laid off.

Part-time employees shall be granted seniority in proportion that their part-time employment bears to full-time employment with the City. Under no circumstances shall the City retain temporary employees in any employee classification in which force reductions are in progress.

To the extent the provisions of this Article are inconsistent with Section 9, Layoff Procedures, of the Personnel Rules and Regulations Manual (PRAM). this Article will supersede.

Otherwise, the process for implementation of a layoff, as described in Section 9 of the PRRM, shall govern.

Once determined that a layoff will occur, the City shall immediately let the Union know, along with the affected employees.

Upon notification that a layoff will occur, the Union shall be provided with a list of affected positions and employees. The Union shall have seven (7) days to request a Meet and Confer to discuss the effects of the layoff with the City.

ARTICLE 16 - EMPLOYEE DISCIPLINE
The City may initiate appropriate corrective action should an employee engage in any practices inconsistent with published rules or with ordinary reasonable common sense rules of conduct conducive to the welfare of the City, its residents, and its employees. Corrective action may consist of warnings, reprimands, demotions, reductions in pay, disciplinary suspension or discharge and shall be applied only after full consideration of the seriousness of the offence. All corrective suspension and discharges administered under this provision shall be subject to appeal to the City Council in accordance with the appeal process contained in this Agreement.

ARTICLE 17 - APPEAL TO THE CITY COUNCIL
Employees shall be entitled to appeal any disciplinary demotion, suspension, or termination to the City Council within fourteeen (14) calendar days following the imposition of such disciplinary action unless appeal is specifically prohibited by provisions of the Barstow Municipal Code or by the City's existing Personnel Policies and Procedures Manual. Furthermore, Employees seeking an appeal must submit the appeal in accordance with the City's existing Policies and Procedures Manual. Any recommended discipline described in this section shall first be reviewed by the City Manager before a unit member is served with notice.

For disciplinary action involving termination or an unpaid suspension of eighty (80} hours or more, the disciplinary action shall be first subject to advisory arbitration. In such case, upon receiving an appeal, the City shall obtain a list of arbitrators from the State Mediation and Conciliation Service. The parties shall take turns striking names from the list, beginning with the party who wins a coin toss, until one remains. The remaining named person shall be the arbitrator in the matter and his or her decision shall be advisory and submitted to the City Council. The City Council shall then exercise its independent judgment in reviewing the disciplinary action. The City Council's decision shall be final and binding. Each party shall pay 50% of the cost of arbitration.

ARTICLE 18-GRIEVANCE PROCEDURES
The following guidelines govern the City's grievance procedures.

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1. Definition.

A grievance is a written allegation by an employee claiming violation of a specific express provision of this Agreement, the City's Personnel Rules and Regulations, or written City policy, unless another specific method of review is provided (e.g., discipline or discrimination).

2. Procedure.
a. Informal Grievance Procedure
The grievant and the City's representative shall make every effort to resolve the grievance at the lowest level of supervision. Thus, the grievant shall attempt to discuss the grievance with the immediate supervisor before resorting to the Formal Grievance Procedure, below. However, if the grievant is unable to resolve the grievance informally before the time period for filing a Formal Grievance expires (15 days from the date the grievance allegedly occurred), the grievant may proceed to the Formal Grievance Procedure in accordance with the time limits therein.
b. Formal Grievance Procedure
i. First Level of Review.

The grievant shall present the formal grievance in writing either to his I her supervisor within fifteen (15) days from the alleged occurrence of the violation. The written grievance shall contain the following information:

1. Name of grievant and job title;

2. Department I Division;

3. Clear and concise statement of the nature of the grievance including the circumstances and dates involved;

4. The specific provision(s) of this Agreement, the City's Personnel Rules, or City policy alleged to have been violated;

5. Requested remedy;

6. Name of the grievant's representative, if any;

7. Date and signature of the grievant.

The supervisor shall render a decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the written grievance. If the grievant does not agree with his I her supervisor's decision or if no answer has been received within the specified time period, the grievant shall present the grievance in writing to the Department Head or the Department Head's designee within fifteen (15) days of the date the supervisor's decision is rendered or should have been rendered pursuant to the specified time period. ii. Second Level - Department Review.

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The Department Head or his I her designee shall discuss, upon request, the grievance with the grievant, the grievant's representative, if any, and with other appropriate persons. The Department Head or designee shall render his I her decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the formal written grievance or after the meeting with the grievant, whichever is later. If the grievant does not agree with the decision reached or if no answer has been received within the specified time period, the grievant may appeal the formal grievance to the next level of the grievance procedure. In order to do so, the grievant must submit the grievance to the Personnel Officer, along with a written request that the grievance be considered at the Third Level, within fifteen ( 15) days of the date the Department Head's decision is rendered, or should have been rendered, pursuant to the specified time period.
iii. Third Level- Advisory Arbitration.

1. The scope of advisory arbitration of grievances shall be limited to discharges, demotions, or reduction in pay, or suspensions of three (3} days or more without pay. The grievant may waive the right to go to advisory arbitration and instead go directly to the Fourth Level (City Manager). All other grievances shall bypass the third level of the grievance procedures and advance to the Fourth Level.

2. The Personnel Officer and the grievant shall request a list of five arbitrators from the California State Mediation and Conciliation Service.
a. By mutual agreement of the grievant and the City, advisory arbitration may be waived. In such case, the grievance
shall be reviewed by City Manager in accordance with the procedures outlined in Level 4.

3. An arbitrator shall be selected by the following procedure:
a. The grievant and I or a representative of the grievant, along with the City's representative, shall select the
arbitrator from the California State Conciliation Service list by eliminating names until one name remains. The one
remaining name shall be the arbitrator. All grievances
reaching the arbitration level shall be numbered
consecutively for the current fiscal year. The oddnumbered grievances will give the grievant first elimination; the even-numbered grievances will give the City first elimination.

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b. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. The
technical rules of evidence shall not apply during the
arbitration hearing.
c. The arbitrator shall be strictly bound by the time limits set forth in the grievance procedure and shall not entertain any grievance in which the grievant has not adhered to
such time limits.
d. Employees called as witnesses shall be scheduled to be released from duty to testify at the hearings. The parties recognize that due to the essential nature of the services performed by the employees, scheduling of time for each employee to testify at arbitration shall be in such a manner so that normal operations are not disrupted.
e. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of the Memorandum of Understanding and I or
the Personnel Rules and Regulations. The arbitrator will have no power to add to, subtract from, or modify the
terms of any Agreement or the written policies, rules,
regulations and procedures of the employer.
f. Within thirty (30) days after the conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties (including the City Manager).
g. The arbitrator's fees and expenses shall be paid by the City. All other costs shall be borne by the party incurring such expenses.
iv. Fourth Level- City Manager.

1. For all cases involving advisory arbitration recommendations, the Personnel Officer shall review the entire matter within fifteen (15) days after receipt of arbitrator's recommendations and render a decision.

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2. The City Manager may amend, modify, or revoke the
recommendation of the arbitrator. This includes, but is not limited to, the City Manager's right to reduce or increase the degree and type of discipline imposed. In all cases, the decision of the City Manager shall be final and binding.
c. General Provisions
i. The grievant is entitled to representation of his I her choice at any point in the grievance procedure.
ii. Failure by the grievant to meet any of the specified time lines shall constitute a withdrawal and waiver of the grievance. Failure by the City to meet any of the specified time lines shall entitle the grievant to appeal to the next level of review.
iii. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum, and every effort should be made to expedite the process. If the last day of the specified time period falls on the weekend or a City observed holiday, it shall be moved to the next working day. Otherwise, the time specified may be extended only by mutual written consent. iv. Probationary employees may not grieve a rejection from probation. v. Employees shall be assured freedom from reprisal for using the grievance procedures.
vi. The Personnel Office shall act as a central repository for all grievance records.
vii. Any decision or finding involving an unbudgeted expenditure must be submitted to the City Council for ratification before that decision can become final and binding.
viii. Failure on the part of an employee or his I her representative to appear in any case before an arbitrator without good cause shall result in forfeiture of the case and responsibility for payment for all associated costs by the employee.

ARTICLE 19- FULL AGREEMENT
The City and the Union concur that this Agreement constitutes the entire contract between them governing wages, hours and conditions of employment of those employees in the bargaining unit during the term thereof and settles all demands and issues on all matter subject to the meet and confer process.

Accordingly, both the City and the Union do hereby waive the right during the term of this Agreement to demand negotiation upon any subject matter, whether or not such subject matter

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has or has not been raised or discussed by either party during negotiations leading to the execution of this Agreement, except for the following provisions:
• Personnel Rules & Regulations.
• Any item, provision, or subject that both the City and Union jointly agree to reopen for discussion.

ARTICLE 20 - NON-DISCRIMINATION
It is agreed that both the City and the Union shall provide equal opportunity for all qualified persons; prohibit discrimination because of race, color, religion, sex, age, national origin, marital status or disability; and promote the full realization of equal opportunity through a positive and continuing program of affirmative action. It is further agreed that no employee shall be interfered with, intimidated, restrained, coerced or discriminated against by either the City or the Union because of membership or non-membership in the Union.

ARTICLE 21 - SEVERABILITY
It is agreed that in the event a court order renders any Article of this Agreement null and void, said ruling shall negate only the applicable Article and the balance of the Agreement shall stand as written and remain in full force and effect for the duration of its term.

ARTICLE 22 - AGREEMENT EFFECTIVE UPON APPROVAL BY BOTH PARTIES This Agreement shall be effective once approved by the Barstow City Council and upon ratification and approval by a majority of the employees represented by the Union who are present at a meeting convened for the specific purpose of ratifying this Agreement.

ARTICLE 23 - TERM OF AGREEMENT
This Agreement shall take effect on July 1, 2022 and shall remain in full force and effect until June 30, 20252. In addition, the Agreement shall stay in effect from year to year thereafter unless either party submits written request to renegotiate this Agreement prior to the scheduled date of expiration.

SECTION 2- SALARIES AND OTHER PAY
ARTICLE 24 -WAGES
Effective the first full pay period beginning in July for each of the respective years, all members of the Association shall receive the wage adjustments described below.

Year 1 of this MOU (2022-2023)
All unit members shall receive an 8.0% (eight percent) base salary increase beginning July 1, 2022.

Year 2 of this MOU (2019-2020)
All unit members shall receive a 6.0% (six percent) base salary increase beginning July 1, 2023 Year 3 of this MOU (2024-2025)

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All unit members shall receive a 2.0% (two percent) base salary increase beginning July 1, 2024.

Classification and Compensation Study
The City agrees to conduct a Classification and Compensation Study covering all positions at its expense.

ARTICLE 25 - PERFORMANCE BONUS
Union members who reach the top-step of their salary range or are y-rated will be eligible annually to receive a 2% performance bonus effective upon ratification of the contract (November 19, 2012). To qualify for the performance bonus, the employee must receive a performance evaluation rating of satisfactory or better. Union members who meet that qualification will receive the 2% performance bonus. The performance bonus will be calculated by multiplying 2% by the employee's base wage rate. The performance bonus will be distributed as a one-time bonus payment subject to all applicable state and federal tax rates and will not increase the employee's base wage rate. In the event that the employee's performance evaluation is not completed within 45 days of the employee's performance evaluation date, the employee shall automatically receive the 2% performance bonus. Each employee can receive the performance bonus on a payday of their choosing. However, the performance bonus must be paid out by the last complete payroll period of the fiscal year in which the performance bonus was awarded.

ARTICLE 26 - OVERTIME
Employees are considered non-exempt employees for purposes of the Fair Labor Standards Act of 1938 and its subsequent amendments (FLSA).

It is the policy of the City to avoid overtime work whenever possible. In cases of emergency, however, or whenever public interest or necessity requires, any employee may be directed by proper authority, and in such cases, is expected to perform overtime work.

Overtime means all authorized hours worked by non-exempt employees in excess of his I her normal work period, regular work week, work day, or shift, unless otherwise established in a manner consistent with law.

All non-exempt employees who perform authorized overtime work shall be compensated for such work at the rate of one and one-half (1%) times his I her regular hourly rate of pay multiplied by the number of overtime hours worked. For the purposes of calculating overtime, all hours in a paid status shall be counted as hours worked.

No overtime shall be recorded or reported for less than one-quarter (114) hour of work. All overtime work, except for emergency conditions, must have the approval of the appropriate supervisor prior to actual performance of the work. Failure to obtain such approval in advance may be justification for disapproval of any overtime compensation and I or discipline.

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work the required time. If the employee is not available or declines to work the overtime, the next employee listed shall be called and so on until an employee is available.

All employees who decline overtime shall be charged with the actual hours worked in computing future call lists. The overtime call list will be updated each pay period and shall be posted for each employee to review.

At the start of each fiscal year, the totals on the call list shall be reduced by the amount of hours credited to the first employee listed in each classification.

Employees who have accumulated one hundred (100) hours of compensatory time shall have overtime paid in cash until their accumulated compensatory hours fall under the one hundred (100) hour limit.
• Employees may elect to buy down any amount of accrued compensatory time by submitting a written request to the Finance Department.

ARTICLE 28 - UNIFORMS, SAFETY BOOTS, AND SAFETY EQUIPMENT Tier I
All Union members hired by the City on or before December 31, 2012 or who are defined as CalPERS Classic Employees shall be provided with the following uniform, safety boots, and safety equipment benefits:
• The City shall provide employees with five uniform shirts each fiscal year. Such shirts shall be provided for at the City expense. The shirts shall be ordered in the month of October each year. The actual average cost per employee for the shirts shall be considered pensionable compensation, and will be reported to CalPERS by the first payroll in December of each year. Employees will be responsible for maintaining the uniform shirts.

Employees who lose or damage the shirts, other than through normal wear and tear, shall be required to reimburse the City an amount equal to the loss and/or damage. • For employees assigned to the Wastewater Treatment Plant, the City shall maintain the laundered service for eleven (11) sets of uniforms. The Wastewater Treatment Plant uniform shall consist of button up work shirts and work pants. Per employee, the cost for maintaining the laundered uniform service shall be considered pensionable compensation, and will be reported to CalPERS by the first payroll in December of each year.

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The City shall also provide employees with coveralls when employees are assigned tasks that will result in exposure to contaminants. Employees may wear shorts as part of their uniform, provided that the wearing of the shorts does not constitute a safety hazard. The City and Union will mutually agree upon the color and length of the shorts.

Beginning July 1, 2022, employees required to wear safety boots shall be reimbursed for the actual cost of acquiring safety boots in an amount not to exceed $300 per fiscal year.

The City shall also provide employees with all of the safety equipment that may be required by federal and state occupational safety and health laws.

Furthermore, any pensionable compensation amounts for uniforms shall also be reported to CalPERS retroactively for the period July 1, 2010 through June 30, 2014.

Tier II
All Union members hired by the City after December 31, 2012, or who are defined as CalPERS PEPRA Employees shall be provided with the following uniform, safety boots, and safety equipment benefits:
• The City shall provide employees with five uniform shirts each fiscal year. Such shirts shall be provided for at the City expense. The shirts shall be ordered in the month of October each year. Employees will be responsible for maintaining the uniform shirts. Employees who lose or damage the shirts, other than through normal wear and tear, shall be required to reimburse the City an amount equal to the loss and/or damage. • For employees assigned to the Wastewater Treatment Plant, the City shall maintain the laundered service for eleven {11) sets of uniforms. The Wastewater Treatment Plant uniform shall consist of button up work shirts and work pants.

The City shall also provide employees with coveralls when employees are assigned tasks that will result in exposure to contaminants. Employees may wear shorts as part of their uniform, provided that the wearing of the shorts does not constitute a safety hazard. The City and Union will mutually agree upon the color and length of the shorts.

Employees required to wear safety boots shall be reimbursed for the actual cost of acquiring safety boots in an amount not to exceed $300 per fiscal year.

The City shall also provide employees with all of the safety equipment that may be required by federal and state occupational safety and health laws.

ARTICLE 29 - HIGHER CLASSIFICATION PAY
In the event an Employee is assigned to perform duties of a job classification other than the classification to which the employee is normally assigned, said employee shall be paid at the A step of the higher classification for all hours worked in such classification. Should the employee's salary exceed the A step of the higher job classification, the employee shall be paid at that step which most closely represents a 5% increase over his/her current base salary. For example, if an available step provides a 4.5% increase, and the next available step would provide a 7% increase, the 4.5% step would be utilized.

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It is agreed, however, that no employee shall perform work in a higher job classification unless specifically directed to do so by the City.

ARTICLE 30 - SHIFT DIFFERENTIAL PAY
As defined in Article 14, any Employee working a graveyard shift shall be compensated an additional 5% over their base wage rate and any employee working a swing shift shall be compensated an additional 2.5% over their base wage rate.

Shift Differential Pay is not applicable to "travel time" or time attending training/conferences.

ARTICLE 31 - STANDBY PAY
Employees represented by the Union may be assigned to standby duty at the discretion of the City. Such assignment, however, shall require prior notice to the employee being assigned to base wage rate for standby duties performed on a weekday and four (4) hours at the base wage rate for standby duty performed on a weekend day or on an approved holiday and shall be compensated at the appropriate base hourly rate for actual hours worked during each day of the standby assignment.

Employees required to report for work during a standby assignment shall be compensated at the rate of one and one-half (1 '!12) times the base wage rate for hours worked in excess of eight in a single day, and for hours worked in excess of forty in a seven-day work period. Employees who are assigned standby duty may substitute compensatory time in lieu of pay. In addition, Employees who are assigned standby duty over a weekend shall be allowed to take a City vehicle home.

ARTICLE 32 - CALL-BACK PAY
In the event an Employee, other than an employee assigned to standby duty and receiving standby compensation, is required to report to work prior to commencement of the employee's next regularly schedule work shift, said employee shall be paid a minimum of two (2) hours pay at their base wage rate, or at one and one-half (1 '!12) times the base wage rate for actual hours worked in excess of eight in a single day or in excess of forty in a single work period, whichever is greater, for each instance in which the employee is required to report for duty.

ARTICLE 33 - INDUSTRIAL INJURY SUPPLEMENTAL PAY
The City shall provide an Industrial Injury Supplemental Wage Benefit Program for designated high-risk Employees. Employees in designated high-risk positions shall be entitled to an Industrial Injury Wage Supplemental Benefit during the first three (3) days of an occupationally related illness or injury, provided that such injury or illness results in time lost from regularly scheduled working hours.

Industrial Injury Supplemental Wage Benefits shall begin on the day following the date of occupational injury or illness and shall continue until the injured employee is eligible for Worker's Compensation benefits or returns to active employment. In no event, however, shall Industrial Injury Supplement Wage Benefits continue past the end of the third day following the occurrence of an occupationally related illness or injury.

Industrial Injury Supplemental Wage Benefits shall be payable only on an employee's regularly scheduled working day and may be used only during periods of occupationally related illness or

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injury not compensated under the California Worker's Compensation Law. Under no circumstances shall Industrial Injury Supplemental Wage Benefits be used to provide an employee with higher compensation than said employee would have received had the employee worked all regularly scheduled hours during the week in which Industrial Injury Supplemental Wage Benefits were payable.

In granting Industrial Injury Supplemental Wage Benefits, the City may require medical documentation of occupationally related illness or injury at its discretion. Such documentation shall consist of a statement signed by a licensed physician describing the nature of an employee's occupationally related illness or injury, and the anticipated time of the individual's return to active employment.

All employees shall be entitled to full compensation for the regularly scheduled workday on which an occupationally related injury or illness occurs. Such compensation shall not be charged to the Industrial Injury Supplemental Wage Benefit.

ARTICLE 34 - BILINGUAL SERVICES PAY
Employees hired prior to July 1, 2011 are eligible to receive a 5% increase over their base wage rate as bilingual services pay. To qualify for bilingual services pay, Employees must be proficient in the use of Spanish, sign language, or other language approved by the Personnel Officer.

Employees shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the City.

Employees hired after July 1, 2011 will be eligible to receive $60 per month as bilingual services pay. To qualify for bilingual services pay, Employees must be proficient in the use of Spanish, sign language, or other language approved by the Personnel Officer. Employees shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the City.

ARTICLE 35 - TUITION REIMBURSEMENT
Employees will be eligible for tuition reimbursement of up to $1,000 per fiscal year. Reimbursable expenses must be approved by the City Manager and will include items such as registration, tuition, textbooks, and parking.

ARTICLE 36 - RECLASSIFICATION
During the term of this Agreement, should any employee represented by the Union be reclassified to a position having a lower salary range, the employee shall continue at their same salary and with the same merit salary increase eligibility date, provided such action does not result in a salary exceeding the maximum step of the salary range in which the new position is classified. Should the employee's current salary exceed the maximum step of the salary range in which the position is classified, the salary of such employee shall be designated as ''Y-rated'' and shall not be increased through either general increase or merit increase until the maximum step of the salary range in which the position is classified exceeds the employee's actual salary.

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those Union members hired on or before December 31, 2012, the City shall provide those employees with the CalPERS 2.7%@55 retirement plan, along with the following optional benefits:
• One-year final compensation.
• Credit for unused sick leave.
• Fourth Level of 1959 survivor benefit.
• Military service credit as public service.
• Employer paid member contributions converted to pay rate during the final compensation period.
• For all Union members hired by the City prior to July 1, 2010, the City shall assume the 2% of the employees portion of the retirement contribution to CalPERS in the first year of the contract, 1% of the employees portion of the retirement contribution to CalPERS in the second year of the contract, and 0% of the employees portion of the retirement contribution to CalPERS in the third year of the contract, provided that the employee contribution rate does not exceed a total of 8% percent of regular compensation. • For all Union members hired by the City on or after July 1, 2010, the City shall not assume any of the cost of the employee portion of the retirement contribution to CalPERS. Union members who fall into this category will be responsible for paying the full share of the employee contribution rate. However, in no event shall the contribution cost exceed eight percent (8%).

For all Union members hired by the City after December 31, 2012, the following retirement benefit will be provided:
• CalPERS 2%@62 retirement plan.
• Three-year average compensation.
• Credit for unused sick leave.
• Fourth Level of 1959 survivor benefit.
• Military service credit as public service.
• In compliance with AS 340, all Union members hired by the City after December 31 , 2012 will be required to pay for at least fifty percent (50%) of the total annual normal contribution cost for the pension benefit. However, in no event shall the contribution cost exceed eight percent (8%).

ARTICLE 38 - RETIREE MEDICAL BENEFIT
The following describes the retiree medical insurance benefit that will be provided by the City.

I. Retiree Medical Benefits Required by PEMHCA

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The City shall offer participation in a medical insurance plan. Furthermore, all retirees vested in CalPERS shall be entitled to the benefits described in the Public Employees' Medical and Hospital Care Act (PEMHCA) resolution that is in effect. Eligibility for these benefits shall follow the rules prescribed by PEMHCA. The PEMHCA contribution, paid directly to the California Public Employees' System (CalPERS) by the City, shall be considered part of - not in addition to - any other City benefit (i.e., Cafeteria Plan), contribution or reimbursement offered under this MOU. Furthermore, should the City discontinue providing medical coverage through CalPERS, the PEMHCA required benefits will automatically be discontinued.

I. TIER I RETIREMENT HEALTH INSURANCE PROGRAM
Those Union members who have processed a bona fide retirement from the City on or before November 5, 2012, and who currently receive a City-funded retirement health insurance benefit amount, will continue to be eligible to participate in the City-funded Tier I Retirement Health Insurance Program (Tier 1). Retirees who are eligible under the Tier I program and elect to not be covered under one of the CalPERS sponsored health insurance programs shall not be eligible for any type of contribution or reimbursement from the City.

Effective January 1, 2014, the tables below demonstrate the maximum contribution amount that the City will contribute (which includes the adopted Public Employee's Medical and Hospital Care Act (PEMHCA) minimum) toward retiree health insurance premiums for those Union members who qualify for the Tier I Program and who are enrolled in either a CalPERS Basic Plan or CalPERS Supplemental I Managed Medicare Plan.

TIER I RETIREE MEDICAL PROGRAM

PLAN NAME
(IncludesBasicPlans&Supplement I
Managed Medicare Plans)

MAXIMUM MONTHLY

CONTRIBUTION PAID BY THE
CITY *

MONTHLY PEMHCA MINIMUM

CONTRIBUTION PAID DIRECTLY TO

CALPERS

MAXIMUM R E I M B U R S E M E N T

A M O U N T P A I D

D I R E C T L Y T O R E T I R E E
PERS·Care (PC) PPO 90/ /10 Plan $514.00 To be determined based on the updatedCalPERS PEMHCA
Minimum Employer Rate as
published by CalPERS.

Difference betweenthe Monthly
Maximum ContributionPaidby
theCity lessthe Monthly
PEMHCA Minimum
Contribution.

PERS·Choice (PCh) PPO80/20 Plan $499.00 To be determined based on the updatedCalPERS PEMHCA
Minimum Employer Rate as
published by CalPERS.

Differencebetweenthe Monthly
Maximum Contribution Paid
by the City less the Monthly
PEMHCA Minimum
Contribution.

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PLAN NAME
(IncludesBasicPlans&Supplement I
Managed Medicare Plans)

MAXIMUM MONTHLY

CONTRIBUTION PAID BY THE
CITY *

MONTHLY PEMHCA MINIMUM

CONTRIBUTION PAID DIRECTLY TO

CALPERS

MAXIMUM R E I M B U R S E M E N T

A M O U N T P A I D

D I R E C T L Y T O R E T I R E E
PERS-Select PPO $454.10 To be determined based on the
updatedCalPERS PEMHCA Minimum
Employer Rate as published by
CalPERS.

Difference between the Monthly
Maximum ContributionPaidby
theCity less the Monthly
PEMHCA Minimum
Contribution.

PORAC PPO $429.27
To be determinedbased on the
updated CalPERS PEMHCA
Minimum Employer Rate as
published by CalPERS.

Difference between the Monthly
Maximum ContributionPaidby
theCity less the Monthly
PEMHCA Minimum
Contribution.

BlueShieldHMO $409.00
To be determinedbasedon the
updated CalPERS PEMHCA
Minimum Employer Rate as
publishedbyCalPERS.

Difference between the Monthly
Maximum Contribution Paid by
the City less the Monthly
PEMHCA Minimum
Contribution.

BlueShield NetValue HMO $419.52
To be determinedbased on the
updated CalPERS PEMHCA
Minimum EmployerRateas
published by CalPERS.

Difference between the Monthly
Maximum ContributionPaid by
the City less the Monthly
PEMHCA Minimum
Contribution.

Kaiser HMO $428.57
To bedeterminedbasedon the
updated CalPERS PEMHCA
Minimum Employer Rate as
published by CalPERS.

Difference between the Monthly
Maximum Contribution Paidby
theCity less theMonthly
PEMHCA Minimum
Contribution.

Anthem Select HMO $394.96
Tobedeterminedbasedon the
updatedCalPERS PEMHCA
Minimum Employer Rate as
published bv CalPERS.

Difference between the Monthly
Maximum Contribution Paidby
the City less the Monthly
PEMHCA Minimum Contribution.

Anthem Traditional HMO $456.30
Tobedetermined basedon the
updatedCalPERS PEMHCA
Minimum Employer Rate as
published byCalPERS.

Difference between the Monthly
Maximum Contribution Paid by
the City less the Monthly
PEMHCA Minimum
Contribution.

Health Net Smart Care $450.45
To be determined based on the
updated CalPERS PEMHCA
Minimum EmployerRateas
published by CalPERS.

Difference between the
Monthly Maximum Contribution
PaidbytheCity lesstheMonthly
PEMHCA Minimum
Contribution.

HealthNetSaludy Mas $353.12
Tobedetermined basedon the
updated CalPERS PEMHCA Minimum
Employer Rateas published by
CalPERS.

Difference between the Monthly
Maximum ContributionPaidby
theCity lesstheMonthly
PEMHCA Minimum
Contribution.

United Health Care $404.84
To be determined based on the
updated CalPERS P EMHCA
Minimum Employer Rateas
published by CalPERS.

Difference between the Monthly
Maximum ContributionPaidby
theCity less the Monthly
PEMHCA Minimum Contribution.
•the maximum monthly contribution paidby the City shall bethe based upon the plan each retireeisenrolledin. Should the monthly insurance premium of theselectedplan be less than themaximum monthly contribution (as shown inthe preceding table),the maximum monthly contribution that willbepaidby theCitywillbethelesser of thetwo amounts.Furthermore,shouldfuturehealthinsuranceplans be added tothelist ofavailableplans,the maximum monthly City contribution amount towards those plans will be 83% of the monthly premium of the Basic Plan Employee Only coverage calculated intheplan's inaugural year,or theactualpremium amount, whicheveris thelesser of thetwoamounts.

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For Tier I eligible Union members, reimbursement amounts will be determined based on the records available from CalPERS to verify retiree enrollment in health insurance and to ascertain the amount the City owes each retiree. Should the City be unable to obtain sufficient information from Cal PEAS to determine the enrollment and premium amounts, it may require retirees to provide appropriate proof of enrollment and premium payments.

For Tier I eligible Union members, commencing January 1, 2014, any reimbursement paid directly to the retiree will occur on the 151 of each month or the business day prior should the 1st of the month fall on a weekend or holiday. It will be the retiree's responsibility to fund any premium costs in excess of the maximum contribution amount provided by the City:

II. TIER II RETIREMENT HEALTH INSURANCE PROGRAM
Any Union member employed by the City on or before December 31, 2012 will be eligible to participate in the City-funded Tier II Retirement Health Insurance Program (Tier II), provided that the following provisions are met:

1. Completion of at least 10 years of employment with the City (whether or not the years of employment were in consecutive order).

2. Process a bona fide retirement from the City.

3. Be at least of retirement age for the employee's pension plan.

Effective January 1, 2014, the tables below demonstrates the maximum contribution amount that the City will contribute (which includes the adopted Public Employee's Medical and Hospital Care Act (PEMHCA) minimum) to those Union members who meet the above listed Tier II eligibility requirements.

TIER I RETIREE MEDICAL PROGRAM

ELIGIBILITY STATUS

MAXIMUM MONTHLY

CONTRIBUTIONPAID
BY THECITY *

MONTHLY PEMHCA MINIMUM

CONTRIBUTION PAID

DIRECTLY TO CALPERS

MAXIMUM REIMBURSEMENT

AMOUNT PAID DIRECTLYTO

RETIREE
Priorto eligibilityfor Supplemental I
Managed Medicare Health
Insurance
$600.00
Tobedeterminedbased or
the updated CalPERS
PEMHCA Minimum Employer
Rate as published by
CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the
City less the Monthly
PEMHCA Minimum
Contribution.

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After eligibility for Supplemental I
Managed Medicare Health
Insurance
$550.00
To be determinedbased on
the updated CalPERS
PEMHCA Minimum Employer
Rate as published by
CalPERS.

Difference between the
Monthly Maximum
ContributionPaidbythe
Cityless the Monthly
PEMHCA Minimum
Contribution.
• Should themonthlypremium of theselected insurance program costless thanthemaximum monthly contribution (as shown in the proceeding table) the maximum monthly contribution paid by the City will be thelesser of the two amounts.

For Tier Ill eligible Union members, reimbursement amounts will be based on the records available from CalPERS to verify retiree enrollment in health insurance and to ascertain the amount it owes to each retiree. Should the City be unable to obtain sufficient information from CalPERS to determine the enrollment and premium amounts, it may require retirees to provide appropriate proof of enrollment and premium payments.

Retirees who are eligible under the Tier Ill program and elect to not be covered under one of the CalPERS sponsored health insurance programs shall not be eligible for any type of contribution or reimbursement from the City.

For Tier Ill eligible Union members, commencing January 1, 2014, any reimbursement paid directly to the retiree will occur on the 1ST of each month or the business day prior should the 1st of the month fall on a weekend or holiday. It will be the retiree's responsibility to fund any premium costs in excess of the maximum contribution amount provided by the City:

SECTION 4 -TIME-OFF PROVISIONS
ARTICLE 39 - HOLIDAYS
During the term of this agreement, the City will create a Holiday Leave Bank for each Employee.

On July 1st of each year, every employee's Holiday Leave Bank will be credited with 135 hours of holiday leave time. The 135 hours will be provided in recognition of the fifteen (15) paid holidays that the City recognizes annually, with each of those holidays being observed at the rate of nine (9) hours per day. The fifteen (15) holidays recognized by the City are as follows:

Holiday Day
New Year'sDay January 1st
MartinLutherKingDay 3
rd Monday inJanuary
Washington's Birthday 3
rd Monday in February
MemorialDay Last Monday inMay
Juneteenth June 19th
Independence Day July4
th
Labor Day 1
st
Monday inSeptember
Veteran's Day As noted inthe Government Code
Thanksgiving Day 4
th Thursday inNovember

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Day after Thanksgiving Day afterThanksgiving
Christmas Eve December 24th
ChristmasDay December 25th
New Year's EveDay December 31st
FloatingHoliday As approved I scheduled
Employee's Birthday As approved I scheduled
Any unused I undistributed holiday hours remaining as of June 30th of each year shall be distributed to the employee in cash on the first payroll period with a pay date in July.

In any instance where Friday or Monday observance of a Saturday or Sunday holiday results in two holidays being observed on the same date, the impacted employee's holiday shall be observed on the scheduled work day immediately preceding a Friday holiday observation or the scheduled work day immediately following a Monday holiday observation.

ARTICLE 40 - VACATION
During the term of this Agreement, Employees shall accrue vacation leave according to the following schedule:

Years of Service
Hours
Accrued Per
Pay Period
Number of
Pay Periods
Hours
Accrued Per
Year
1 through 4 4.70 26 122.2
5 through 9 5.30 26 137.8
10 through 14 6.20 26 161.2
15 through 19 6.80 26 176.8
20+ 8.00 26 208
The maximum number of vacation hours that can be accumulated and maintained in any individual employee's vacation account shall be two (2) years' worth of accrual.

Once an employee has accrued two (2) years' worth of vacation hours in their account, that employee will be allowed to accrue a third (3rd) years' worth of vacation hours for use during the fiscal year. Any unused vacation hours accrued during the third (3rd) year as of June 30th shall be distributed to the employee in cash during the last complete period of the fiscal year.

With regard to the third (3rd) years' worth of vacation accrual only, the employee shall have the option of cashing out 50% of unused vacation hours earned in the third (3rd) year during the first payroll period with a pay date in December.

ARTICLE 41 - SICK LEAVE
Employees shall accrue sick leave at the rate of 4.0 hours per pay period. There shall be no accrual limit for sick leave.

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converting up to one year's worth of unused sick leave (2,080 hours) for credit as service time for retirement purposes based on the program details as defined by CalPERS.

Outside of the provisions listed above, the City shall not provide any other type of annual payout for accrued sick leave. In addition, outside of the provisions listed above, the City shall not provide any other form of compensation for accrued sick leave to an employee who is separating employment with the City.

ARTICLE 42 - BEREAVEMENT LEAVE
In the event of the death of a member of an employee's immediate family (defined as a spouse, parent, stepparent, sibling, children, stepchildren, grandparent, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, domestic partner, child of a domestic partner or anyone who can be certified as having raised the employee as a child), Union members will be entitled to five (5) paid days for bereavement leave for each occurrence.

Employees may also take time off for bereavement situations for non-immediate family members by utilizing accrued sick leave or vacation leave for such circumstance with the approval of the employee's immediate supervisor.

ARTICLE 43 - JURY LEAVE
An employee required to serve on a jury shall be entitled to regular compensation provided the employee deposits fees for jury service, excluding mileage reimbursement, with the Finance Department.

In such cases, the employee shall be deemed to have completed the employee's regularly scheduled shift assignment. Employees are required to deliver to the City's payroll department a "Jury Duty Certification" form at the conclusion of jury service, verifying the employee's jury service.

ARTICLE 44 - MILITARY LEAVE
Military Leave will be granted in accordance with the requirements of applicable state and federal law.

SECTION 5 - INSURANCE
ARTICLE 45 - CAFETERIA PLAN
Those Employees who elect to receive medical coverage through the City will receive $1,000 per month which may be used to enroll in any of the offered medical, dental, and vision plans. Any unused remainder may be taken as cash, put in the employee's deferred compensation account, or be used towards any additional City sponsored insurance programs.

Those Employees who can provide proof of medical insurance coverage through an alternative source shall be eligible to receive $750 per month which can be taken as cash, put in the

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employee's deferred compensation account, or be used towards any additional City sponsored insurance programs.

ARTICLE 46 - MEDICAL INSURANCE
The City shall offer participation in a medical insurance plan.

ARTICLE 47 - DENTAL INSURANCE
The City shall offer participation in a dental insurance plan.

ARTICLE 48 - VISION INSURANCE
The City shall offer participation in a vision insurance plan.

ARTICLE 49 - LIFE INSURANCE
The City shall provide each Employee with a life insurance policy of $100,000.

ARTICLE 50 - STATE DISABILITY INSURANCE
During the term of this Agreement, the City shall assume the actual cost of State Disability Insurance (SDI) monthly premiums for Employees.

ARTICLE 51 - LONG TERM DISABILITY
The City shall provide a long term disability program for Employees which include the following minimum benefit levels:
• 60% of base pay
• Maximum benefit up to $6,000 per month
TEAMSTERS LOCAL 1932 CITY OF BARSTOW
UNIT 1
By: By:

UNION PRESIDENT CITY MANAGER
By:

LABOR RELATIONS REPRESENTATIVE

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DATE: DATE:

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THECITYOF

MEMORANDUM OF UNDERSTANDING

BETWEEN

THECITY OF BARSTOW
AND
TEAMSTERS LOCAL 1932
UNIT 1
JULY1, 2022-JUNE30, 2025

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Table of Contents
SECTION 1 - GENERAL PROVISIONS 4
ARTICLE 1 – PREAMBLE 4
ARTICLE 2 - RECOGNITION AND SCOPE OF REPRESENTATION 4
ARTICLE 3 - PAYROLL DEDUCTIONS AND UNION MEMBERSHIP 4
ARTICLE 4 - UNION ACTIVITIES 5
ARTICLE 5 - MANAGEMENT RIGHTS 6
ARTICLE 6 - ADMINISTRATIVE AUTHORITY 7
ARTICLE 7 - CONDITIONS OF EMPLOYMENT 7
ARTICLE 8 - REST PERIODS 7
ARTICLE 9 - MEAL PERIODS 7
ARTICLE 10 -TRAINING 7
ARTICLE 11 - DRUG TESTING 7
ARTICLE 12 - BULLETIN BOARDS 7
ARTICLE 13 - LEAVE OF ABSENCE 7
ARTICLE 14 - HOURS OF WORK 8
ARTICLE 15 - SENIORITY REGARDING FORCE REDUCTION PROCEDURES 8 ARTICLE 16 - EMPLOYEE DISCIPLINE 9
ARTICLE 17 - APPEAL TO THE CITY COUNCIL 9
ARTICLE 18 - GRIEVANCE PROCEDURES 10
ARTICLE 19 - FULL AGREEMENT 13
ARTICLE 20 - NON-DISCRIMINATION 14
ARTICLE 21 – SEVERABILITY 14
ARTICLE 22 - AGREEMENT EFFECTIVE UPON APPROVAL BY BOTH PARTIES 14 ARTICLE 23 - TERM OF AGREEMENT 14
SECTION 2 - SALARIES AND OTHER PAY 14
ARTICLE 24 – WAGES 14
ARTICLE 25 - PERFORMANCE BONUS 15
ARTICLE 26 – OVERTIME 15
ARTICLE 27 - COMPENSATORY TIME 16
ARTICLE 28 - UNIFORMS, SAFETY BOOTS, AND SAFETY EQUIPMENT 16 ARTICLE 29 - HIGHER CLASSIFICATION PAY 18
ARTICLE 30 - DIFFERENTIAL PAY 18
ARTICLE 31 - STANDBY PAY 17
ARTICLE 32 - CALL-BACK PAY 18
ARTICLE 33 - INDUSTRIAL INJURY SUPPLEMENTAL PAY 19
ARTICLE 34 - BILINGUAL SERVICES PAY 19
ARTICLE 35 - TUITION REIMBURSEMENT 19
ARTICLE 36 – RECLASSIFICATION 20
SECTION 3 –RETIREMENT 20
ARTICLE 37 - RETIREMENT BENEFIT 20
ARTICLE 38 - RETIREE MEDICAL BENEFIT 21
SECTION 4 - TIME-OFF PROVISIONS 24
ARTICLE 39 – HOLIDAYS 24
ARTICLE 40 – VACATION 25

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ARTICLE 41 - SICK LEAVE 26
ARTICLE 42 - BEREAVEMENT LEAVE 26
ARTICLE 43 - JURY LEAVE 26
ARTICLE 44 - MILITARY LEAVE 26
SECTION 5 - INSURANCE 27
ARTICLE 45 - CAFETERIA PLAN 27
ARTICLE 46 - MEDICAL INSURANCE 27
ARTICLE 47 - DENTAL INSURANCE 27
ARTICLE 48 - VISION INSURANCE 27
ARTICLE 49 -LIFE INSURANCE 27
ARTICLE 50 - STATE DISABILITY INSURANCE 27
ARTICLE 51 -LONG TERM DISABILITY 27

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TEAMSTERS LOCAL 1932
UNIT1

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The City shall deduct, upon receipt of a duly executed form properly signed by a member of the Union, dues for members of the Union. The Union shall advise the City in writing of the dues to be deducted for each member of the Union. Any change in dues will be submitted to the City in writing thirty (30) days prior to the effective date of such change.

The Union shall, as soon as possible, notify the City if any member of the bargaining unit revokes a dues/fees authorization.

In any situation where an employee requests information about becoming or remaining a member of the Union, the City shall refer such inquiries to the Union for response.

The City shall grant release time (2 hours plus travel time) to allow Primary Steward to attend training at Teamsters Local 1932.

New Employee Orientation
"New employee orientation" means the onboarding process of a newly hired public employee, whether in person, online, or through other means and mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employmentrelated matters.

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At all new employee orientations, Union representatives shall be allowed up to thirty {30) minutes exclusive time with bargaining unit employees to explain the coverage of this Agreement, obligations and benefits of Union membership, and to provide all other pertinent information to the employees regarding the Union. Such time may be scheduled in a meeting room or other space provided by the City.

ARTICLE 6 - ADMINISTRATIVE AUTHORITY
During the term of this Agreement, the City Council shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry. Neither the City Council, nor any members thereof, shall be allowed to give orders to any subordinates of the City Manager.

ARTICLE 7 - CONDITIONS OF EMPLOYMENT

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Except as otherwise noted herein, the terms and conditions of employment for members of the Union shall be those prescribed in the existing Personnel Rules and Regulations manual of the City unless otherwise agreed to by the Union.

Employees shall be allowed to leave the premises or job site during the meal period provided that said employee notifies his I her immediate supervisor.

ARTICLE 11 - DRUG TESTING
The City and the Union will work together to develop a "reasonable suspicion" drug testing policy.

All employees will receive drug and alcohol training.

Upon expiration of a regularly approved leave of absence or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time the leave was granted.

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Failure on the part of an employee on leave to report promptly at its expiration or within a reasonable time after the notice to return to duty has been issued shall be cause for discharge.

In certain instances, alternatives to the traditional work schedule for the convenience of the employee may be appropriate. Such schedules may be installed under the following guidelines:

1. The City or the employee may initiate a request regarding such alternate work schedules.

2. Alternate work schedules shall not reduce service to the public.

3. Such schedules may be revoked by either party upon notice to the other party.

4. Such schedules may continue by mutual agreement of both parties.

6. Employees may be assigned to or from an alternate work schedule only effective at the beginning of a biweekly pay period.

Lay-offs, however, shall not be used as a substitute for separation, release, or discharge or other termination actions.

In the event a less senior employee in a classification to be laid off has superior skills, abilities, qualifications, merit, and record, the more senior employee shall be laid off.

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Part-time employees shall be granted seniority in proportion that their part-time employment bears to full-time employment with the City. Under no circumstances shall the City retain temporary employees in any employee classification in which force reductions are in progress.

To the extent the provisions of this Article are inconsistent with Section 9, Layoff Procedures, of the Personnel Rules and Regulations Manual (PRAM), this Article will supersede.

Otherwise, the process for implementation of a layoff, as described in Section 9 of the PRRM, shall govern.

Once determined that a layoff will occur, the City shall immediately let the Union know, along with the affected employees.

ARTICLE 17 - APPEAL TO THE CITY COUNCIL
Employees shall be entitled to appeal any disciplinary demotion, suspension, or termination to the City Council within fourteen (14) calendar days following the imposition of such disciplinary action unless appeal is specifically prohibited by provisions of the Barstow Municipal Code or by the City's existing Personnel Policies and Procedures Manual. Furthermore, Employees seeking an appeal must submit the appeal in accordance with the City's existing Policies and Procedures Manual. Any recommended discipline described in this section shall first be reviewed by the City Manager before a unit member is served with notice.

ARTICLE 18-GRIEVANCE PROCEDURES
The following guidelines govern the City's grievance procedures.

1. Definition.

A grievance is a written allegation by an employee claiming violation of a specific express provision of this Agreement, the City's Personnel Rules and Regulations, or

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written City policy, unless another specific method of review is provided (e.g., discipline or discrimination).

1. Name of grievant and job title;

2. Department I Division;

3. Clear and concise statement of the nature of the grievance including the circumstances and dates involved;

4. The specific provision(s) of this Agreement, the City's Personnel Rules, or City policy alleged to have been violated;

5. Requested remedy;

6. Name of the grievant's representative, if any;

7. Date and signature of the grievant.

The Department Head or his I her designee shall discuss, upon request, the grievance with the grievant, the grievant's representative, if any, and with other appropriate persons. The Department Head or designee shall render his I her decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the formal written

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grievance or after the meeting with the grievant, whichever is later. If the grievant does not agree with the decision reached or if no answer has been received within the specified time period, the grievant may appeal the formal grievance to the next level of the grievance procedure. In order to do so, the grievant must submit the grievance to the Personnel Officer, along with a written request that the grievance be considered at the Third Level, within fifteen ( 15) days of the date the Department Head's decision is rendered, or should have been rendered, pursuant to the specified time period.
iii. Third Level- Advisory Arbitration.

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c. The arbitrator shall be strictly bound by the time limits set forth in the grievance procedure and shall not entertain any grievance in which the grievant has not adhered to
such time limits.
d. Employees called as witnesses shall be scheduled to be released from duty to testify at the hearings. The parties recognize that due to the essential nature of the services performed by the employees, scheduling of time for each employee to testify at arbitration shall be in such a manner so that normal operations are not disrupted.
e. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of the Memorandum of Understanding and I or
the Personnel Rules and Regulations. The arbitrator will have no power to add to, subtract from, or modify the
terms of any Agreement or the written policies, rules,
regulations and procedures of the employer.
f. Within thirty (30) days after the conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties (including the City Manager).
g. The arbitrator's fees and expenses shall be paid by the City. All other costs shall be borne by the party incurring such expenses.
iv. Fourth Level- City Manager.

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c. General Provisions
i. The grievant is entitled to representation of his I her choice at any point in the grievance procedure.
ii. Failure by the grievant to meet any of the specified time lines shall constitute a withdrawal and waiver of the grievance. Failure by the City to meet any of the specified time lines shall entitle the grievant to appeal to the next level of review.
iii. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum, and every effort should be made to expedite the process. If the last day of the specified time period falls on the weekend or a City observed holiday, it shall be moved to the next working day. Otherwise, the time specified may be extended only by mutual written consent. iv. Probationary employees may not grieve a rejection from probation. v. Employees shall be assured freedom from reprisal for using the grievance procedures.
vi. The Personnel Office shall act as a central repository for all grievance records.
vii. Any decision or finding involving an unbudgeted expenditure must be submitted to the City Council for ratification before that decision can become final and binding.
viii. Failure on the part of an employee or his I her representative to appear in any case before an arbitrator without good cause shall result in forfeiture of the case and responsibility for payment for all associated costs by the employee.

Accordingly, both the City and the Union do hereby waive the right during the term of this Agreement to demand negotiation upon any subject matter, whether or not such subject matter has or has not been raised or discussed by either party during negotiations leading to the execution of this Agreement, except for the following provisions:
• Personnel Rules & Regulations.

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• Any item, provision, or subject that both the City and Union jointly agree to reopen for discussion.

Year 1 of this MOU (2022-2023)
All unit members shall receive an 8.0% (eight percent) base salary increase beginning July 1, 2022.

Year 2 of this MOU (2019-2020)
All unit members shall receive a 6.0% (six percent) base salary increase beginning July 1, 2023 Year 3 of this MOU (2024-2025)
All unit members shall receive a 2.0% (two percent) base salary increase beginning July 1, 2024.

Classification and Compensation Study

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The City agrees to conduct a classification and compensation study covering all positions at its expense.

ARTICLE 26 - OVERTIME
Employees are considered non-exempt employees for purposes of the Fair Labor Standards Act of 1938 and its subsequent amendments (FLSA).

The City shall use an overtime call list when assigning Employees overtime work. Said list shall be arranged by employee classification in ascending order based on accumulated overtime hours worked as of the last pay period. When overtime is requested, the first employee listed in the appropriate classification shall be contacted. If the employee is available to work, he I she will work the required time. If the employee is not available or declines to work the overtime, the next employee listed shall be called and so on until an employee is available.

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At the start of each fiscal year, the totals on the call list shall be reduced by the amount of hours credited to the first employee listed in each classification.

Beginning July 1, 2022, employees required to wear safety boots shall be reimbursed for the actual cost of acquiring safety boots in an amount not to exceed $300 per fiscal year.

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The City shall also provide employees with all of the safety equipment that may be required by federal and state occupational safety and health laws.

Furthermore, any pensionable compensation amounts for uniforms shall also be reported to CalPERS retroactively for the period July 1, 2010 through June 30, 2014.

Employees required to wear safety boots shall be reimbursed for the actual cost of acquiring safety boots in an amount not to exceed $300 per fiscal year.

The City shall also provide employees with all of the safety equipment that may be required by federal and state occupational safety and health laws.

It is agreed, however, that no employee shall perform work in a higher job classification unless specifically directed to do so by the City.

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Shift Differential Pay is not applicable to "travel time" or time attending training/conferences.

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ARTICLE 33 - INDUSTRIAL INJURY SUPPLEMENTAL PAY
The City shall provide an Industrial Injury Supplemental Wage Benefit Program for designated high-risk Employees. Employees in designated high-risk positions shall be entitled to an Industrial Injury Wage Supplemental Benefit during the first three (3) days of an occupationally related illness or injury, provided that such injury or illness results in time lost from regularly scheduled working hours.

Industrial Injury Supplemental Wage Benefits shall be payable only on an employee's regularly scheduled working day and may be used only during periods of occupationally related illness or injury not compensated under the California Worker's Compensation Law. Under no circumstances shall Industrial Injury Supplemental Wage Benefits be used to provide an employee with higher compensation than said employee would have received had the employee worked all regularly scheduled hours during the week in which Industrial Injury Supplemental Wage Benefits were payable.

Employees shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the City.

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ARTICLE 36 - RECLASSIFICATION
During the term of this Agreement, should any employee represented by the Union be reclassified to a position having a lower salary range, the employee shall continue at their same salary and with the same merit salary increase eligibility date, provided such action does not result in a salary exceeding the maximum step of the salary range in which the new position is classified. Should the employee's current salary exceed the maximum step of the salary range in which the position is classified, the salary of such employee shall be designated as ''Y-rated'' and shall not be increased through either general increase or merit increase until the maximum step of the salary range in which the position is classified exceeds the employee's actual salary.

SECTION 3 – RETIREMENT
ARTICLE 37 - RETIREMENT BENEFIT
All Union members hired by the City on or before December 31, 2012 will be enrolled in the City's retirement program through California Public Employees Retirement System (CalPERS). For those Union members hired on or before December 31, 2012, the City shall provide those employees with the CalPERS 2.7%@55 retirement plan, along with the following optional benefits:
• One-year final compensation.
• Credit for unused sick leave.
• Fourth Level of 1959 survivor benefit.
• Military service credit as public service.
• Employer paid member contributions converted to pay rate during the final compensation period.
• For all Union members hired by the City prior to July 1, 2010, the City shall assume the 2% of the employees portion of the retirement contribution to CalPERS in the first year of the contract, 1% of the employees portion of the retirement contribution to CalPERS in the second year of the contract, and 0% of the employees portion of the retirement contribution to CalPERS in the third year of the contract, provided that the employee contribution rate does not exceed a total of 8% percent of regular compensation. • For all Union members hired by the City on or after July 1, 2010, the City shall not assume any of the cost of the employee portion of the retirement contribution to CalPERS. Union members who fall into this category will be responsible for paying the full share of the employee contribution rate. However, in no event shall the contribution cost exceed eight percent (8%).

For all Union members hired by the City after December 31, 2012, the following retirement benefit will be provided:
• CalPERS 2%@62 retirement plan.
• Three-year average compensation.

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• Credit for unused sick leave.
• Fourth Level of 1959 survivor benefit.
• Military service credit as public service.
• In compliance with AS 340, all Union members hired by the City after December 31 , 2012 will be required to pay for at least fifty percent (50%) of the total annual normal contribution cost for the pension benefit. However, in no event shall the contribution cost exceed eight percent (8%).

ARTICLE 38 - RETIREE MEDICAL BENEFIT
The following describes the retiree medical insurance benefit that will be provided by the City.

I. Retiree Medical Benefits Required by PEMHCA
The City shall offer participation in a medical insurance plan. Furthermore, all retirees vested in CalPERS shall be entitled to the benefits described in the Public Employees' Medical and Hospital Care Act (PEMHCA) resolution that is in effect. Eligibility for these benefits shall follow the rules prescribed by PEMHCA. The PEMHCA contribution, paid directly to the California Public Employees' System (CalPERS) by the City, shall be considered part of - not in addition to - any other City benefit (i.e., Cafeteria Plan), contribution or reimbursement offered under this MOU. Furthermore, should the City discontinue providing medical coverage through CalPERS, the PEMHCA required benefits will automatically be discontinued.

TIER I RETIREE MEDICAL PROGRAM

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PLAN NAME
(IncludesBasicPlans&Supplement I
Managed Medicare Plans)

MAXIMUM MONTHLY

CONTRIBUTION PAID BY THE
CITY *

MONTHLY PEMHCA MINIMUM

CONTRIBUTION PAID DIRECTLY TO

CALPERS

MAXIMUM R E I M B U R S E M E N T

A M O U N T P A I D

D I R E C T L Y T O R E T I R E E
PERS·Care (PC) PPO 90/ /10 Plan $514.00 To be determined based on the updatedCalPERS PEMHCA
Minimum Employer Rate as
published by CalPERS.

Difference betweenthe Monthly
Maximum ContributionPaidby
theCity lessthe Monthly
PEMHCA Minimum
Contribution.

PERS·Choice (PCh) PPO80/20 Plan $499.00 To be determined based on the updatedCalPERS PEMHCA
Minimum Employer Rate as
published by CalPERS.

Differencebetweenthe Monthly
Maximum Contribution Paid
by the City less the Monthly
PEMHCA Minimum
Contribution.

PERS-Select PPO $454.10 To be determined based on the
updatedCalPERS PEMHCA Minimum
Employer Rate as published by
CalPERS.