Agenda — Chowchilla City Council, August 23, 2022

AGENDA
City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, August 23, 2022
Closed Session: 6:00 p.m. - Open Session: 7:00 p.m.

City Hall is open to the public for business. The City Council Chamber is OPEN to the public for City Council meetings. City Council meetings will also be available to view and participate via Zoom. Please read Page 4 of this agenda packet for Zoom login and participation information.

Agendas for all City Council meetings are posted at least 72 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.

Agendas for Special Meetings are posted 24 hours prior to the meeting.

Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the city website at www.CityofChowchilla.org.

The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665-8615, ext. 102 at least 4 days prior to a regular meeting, 1 day for a special meeting.

CALL TO ORDER/ROLL CALL
Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present at the meeting will be reflected in the minutes.

CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:

PUBLIC ADDRESS – CLOSED SESSION
This time is reserved for members of the audience to address the City Council on items listed on the Closed Session agenda only. It is recommended that speakers limit their comments to no more than 3 minutes each.

CLOSED SESSION – 6:00 PM

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8
Property: 235 Robertson Boulevard (APN 002-051-010)
Agency Negotiator: Rod Pruett, City Administrator
Negotiating Parties: Dan Chapman
Under Negotiation: Price & Terms
City Council Meeting Agenda August 23, 2022
OPEN SESSION – 7:00 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Jeff Troost
CLOSED SESSION REPORT:

PRESENTATIONS/WORKSHOP - Section 1

PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council on items of interest that are not on the agenda and that are within the subject matter jurisdiction of the Council.

It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda.

Members of the public who are joining the meeting via Zoom and would like to address the Council on items on the agenda should follow the policy on page 4 of this agenda packet.

The Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the Council does not respond to public comment at this time.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc

2.2 STAFF VERBAL REPORTS
CONSENT CALENDAR – Section 3

3.1 Approval of the August 9, 2022 Regular City Council Meeting Minutes (McClendon)

3.2 Approval of the August 9, 2022 Special City Council Meeting Minutes (McClendon)

3.3 Consideration and Approval of the July 2022 Financials Report (Williams)

3.4 Consideration and Adoption of a City Council Resolution Authorizing Continued use of Remote Teleconferencing Provisions (AB361 and Government Code Section 54953) (McClendon)

3.5 Consideration and Approval of a Memoranda of Understanding (MOU) of the Chowchilla City Office Employees Association for the Period Covering July 1, 2022 Through June 30, 2025 (Pruett)

3.6 Consideration and Approval of a Memorandum of Understanding (MOU) of the Chowchilla Mid-Management/Confidential Employees Association for the Period Covering July 1, 2022 Through June 30, 2025 (Pruett)
City Council Meeting Agenda August 23, 2022
PUBLIC HEARINGS – Section 4

4.1 Consideration and Adoption of:
a. A City Council Resolution Establishing the Formation of a Community Facilities District No 2022-1 (Public Safety, Maintenance & Services); and, b. A City Council Resolution Calling a Special Election for a Community Facilities District; and,
c. A City Council Resolution Declaring Results of a Special Election and Directing the Recording of a Special Tax Lien for Community Facilities District No. 2022-1.

And,
d. Introduction and First Reading, with the Option to Waive the First Reading of an Ordinance of the City Council of the City of Chowchilla, California, Authorizing the Levy of Special Taxes in a Community Facilities District (Hamilton) DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution Authorizing the City Administrator or Designee to Execute a Cooperative Agreement with Caltrans for a Clean California Enhancement Project on State Route 233/Robertson Boulevard (Rogers)

6.2 Consideration and Adoption of:
a) A City Council Resolution Authorizing the Changes in the Salary and Benefits for Management Classifications that Correspond to Increases in the Chowchilla MidManagement/Confidential MOU for the Period Covering July 1, 2022 Through June 30, 2025; and
b) A City Council Resolution Amending the Approved City of Chowchilla Salary Scale for the Following Period: July 1, 2022 Through June 30, 2025 (Pruett) ANNOUNCEMENTS – Section 7
SEP 5 LABOR DAY, CITY OFFICES CLOSED
SEP 13 CITY COUNCIL MEETING, CITY HALL, 7PM
SEP 21 PLANNING COMMISSION MEETING, CITY HALL, 7PM

ADJOURNMENT
This Meeting will Adjourn In Memory of Mr. Melvin “Corky” Aldridge Gilliam I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 19th day of August, 2022 at or before 5:00pm.

Joann McClendon, CMC, City Clerk
*SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION DUE TO
COVID-19*
Public meetings are still open to the public to attend in-person.

However, if you wish to attend remotely, please read the message below.

Consistent with AB 361 and Government Code section 54953, this meeting will be held remotely. Members of the public may access the meeting using the following information:

Zoom login instructions
Use the following url to start Zoom:
https://us06web.zoom.us/j/85299307835?pwd=OHU1KzZxcHVrd0lkZWJxZ 21UNWFLUT09
Passcode: 309 214
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 852 9930 7835
Passcode: 309 214
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and to make sure you have optimal internet connection.

Options to participate / view / and listen to the meeting:
• If you wish to speak on an item using the Zoom platform on your computer/laptop or smart phone, please use the “raise hand” icon and you will be unmuted when it is your turn to speak. Please provide your name when unmuted. You will be able to speak to the Council for up to 3 minutes.
• If you are calling in to the meeting only (no camera/video) and you wish to make a comment, press *9 to “raise your hand” and *6 to unmute yourself.

MINUTES
City Council Meeting
City Council Chamber, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, August 9, 2022
Closed Session: 6:00 p.m. - Open Session: 7:00 p.m.

CALL TO ORDER/ROLL CALL
Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Commander Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Finance Director Kerri Williams, Deputy Director of Recreation & Community Engagement Stacy Wisener, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon

CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:

Motion by Council Member Ahmed, Seconded by Council Member Smith to Approve the Agenda as Presented. Motion passed unanimously by roll call vote.

PUBLIC ADDRESS – CLOSED SESSION
None.

CLOSED SESSION – 6:05 PM

1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Administrator, Finance Director, City Attorney Employee Organizations: Chowchilla City Employee Association, Chowchilla City Office Employees Association, Chowchilla Mid-Management/Confidential Association and NonRepresented Staff OPEN SESSION – 7:05 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Stacy Tennesen
CLOSED SESSION REPORT: Nothing to report.

PRESENTATIONS/WORKSHOP - Section 1

1.1 California Department of Insurance Introduction, Richie M. Sayavong Item 3.1

CLICK HERE

TO RETURN TO

THE AGENDA
City Council Meeting Minutes August 9, 2022

PUBLIC ADDRESS
No one spoke.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Ahmed attended Music in the Park.

Council Member Palmer attended the Task Force meeting; Chowchilla Elementary School District Annual School Kickoff Breakfast; Madera County Area Law Enforcement Recognition Dinner; Music in the Park; announced October 1 is the next beautify chowchilla project date and is accepting input on locations to address; Madera County Transportation Commission meeting where they sent Measure T off to the Board of Supervisors to be placed on the ballot; there was support from Caltrans and MCTC for the Reconnecting Communities Grant.

Council Member Smith attended the law enforcement recognition dinner.

Mayor Chavez attended the CESD breakfast.

2.2 STAFF VERBAL REPORTS
City Administrator Pruett attended the CESD breakfast; law enforcement recognition dinner; continuing to work with Tyler, may not be able to launch certain programs due to staff availability; continuing with labor negotiations; had a quarterly meeting with the sales tax consultant for the City’s first quarter cash receipts and provided some alternative projections of a model that showed an example of what they thought it might look like and worst case scenario of a recession, overall projections are a little smaller, 1.3% rather than the 3% projected, consultant/sales tax projections are low but still on budget.

Deputy Director of Recreation and Community Engagement Wisener noted that there is one Movies in the Park left that will complete the summer series of events. She thanked all of the sponsors. She is working on the Autozone groundbreaking.

Public Works Director Rogers updated the Council on the Humboldt Street Project: The contractor is currently installing the storm drain pipe and anticipates having the pipe installed past 7th Street by the end of the week. Paving between 15th Street and 9th Street is also anticipated to be completed by the end of the week. We initially anticipated paving being done up to 7th Street this week. Unfortunately, the contractor encountered pumping soil at several locations, impacted the soil compaction values. We did meet with the High School Superintendent and his staff though to identify a detour route for student drop offs and pickups next week that the High School approved. Public Works staff will also assist with traffic control duties next week.

Fairmead Sewer Consolidation Project Update – According to the State, the application review is progressing. The environmental and credit reviews are now complete. The State will start reviewing the technical package soon and hopes that they can get this agreement to us some time in Q4.

City Council Meeting Minutes August 9, 2022
Yesterday, Caltrans sent us the agreement for the Clean CA funded Robertson Beautification Project. This is for approximately $1,000,000 of Clean CA Funds allocated for our project. Staff will bring back to Council at our next meeting for approval.

Community & Economic Development Director Hamilton updated the City Council on current projects, including working with the consultant for the economic development loan program, MBI, to possibly amend the guidelines to allow more businesses to be eligible for these types of loans; the City will be receiving a $500,000 agreement from the state within the next two weeks; the City has received its first application for homebuyer loan program and it is being reviewed by Self Help Enterprises; an amendment to the public local housing authority grant for the 22 lots at Montgomery Farms was received, a 5-year grant; costs and consumer index for construction is going down; staff is working on finalizing the cottage homes program with 3 sets of plans; his department received a loan supplication for a local restaurant. He reported out the recent statistics of the department for the month of July. Construction at O’Reilly Auto Parts and TF Tires is coming along.

Finance Director Williams attended negotiations for Mid Management; also working on the Community Development and Business license conversion in Tyler; working on closing out year-end.

Commander Palmer reported stats including answering 1,075 calls, 519 calls for service and 556 self-initiated calls resulting in 6 misdemeanor arrests and 4 felony arrests, including the strong-armed robbery arrest. Code Enforcement was not available for a couple of weeks due to coverage in dispatch.

Fire Chief Gaumnitz the Fire Station Expansion project has broken ground.

CONSENT CALENDAR – Section 3

3.1 Approval of the July 22, 2022 Special City Council Meeting Minutes (McClendon)

3.2 Approval of the July 26, 2022 City Council/Redevelopment Successor Agency Meeting Minutes (McClendon)

3.3 Approval of the August 3, 2022 Special City Council Meeting Minutes (McClendon)

3.4 Consideration and Approval of the July 2022 Check Register Report (Williams)

3.5 Consideration and Adoption of a City Council Resolution (63-22) Authorizing Continued use of Remote Teleconferencing Provisions (AB361 and Government Code Section 54953) (McClendon)

3.6 Consideration and Adoption of a City Council Resolution (64-22) Approving the Master Agreement Between the Madera County Transportation Commission and the City of Chowchilla for the Fiscal Year 2021/2022 Allocation of Regional Surface Transportation Program (RSTP) Exchange Funding and Authorizing the City Administrator or Designee to Sign Necessary Claim Forms to Obtain Future Funding (Rogers)

3.7 Second Reading with the Option to Waive the Second Reading of a City Council Ordinance (510-22) Approving Development Agreement No. 21-0003 for the Woodcrest Vesting Tentative Subdivision Map Tract 05-0056 (Hamilton) City Council Meeting Minutes August 9, 2022

3.8 Consideration and Adoption of a City Council Resolution (65-22) Approving Applications for Transportation Development Act (TDA) Funds for Fiscal Year 2022/2023 and Authorizing the City Administrator or Designee to Execute and Submit Applications to the Madera County Transportation Department (McClendon) Motion by Council Member Smith, Seconded by Council Member Palmer to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

PUBLIC HEARINGS – Section 4

And,
d. Introduction and First Reading, with the Option to Waive the First Reading of an Ordinance of the City Council of the City of Chowchilla, California, Authorizing the Levy of Special Taxes in a Community Facilities District (Hamilton) Mayor Chavez opened the public hearing at 7:38 p.m. No one came forward for or against the item.

Motion by Council Member Palmer, Seconded by Council Member Smith to Continue this item to the August 23, 2022 City Council Meeting. Motion passed unanimously by roll call vote.

DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution (66-22) Adopting the City of Chowchilla Local Roadway Safety Plan (LRSP); and Authorizing the City Administrator or Designee to Submit Highway Safety Improvement Program (HSIP) Grant Applications for Two Safety Improvement Grant Projects (Rogers) Motion by Council Member Palmer, Seconded by Council Member Ahmed to Approve City Council Resolution # 66-22, Adopting the City of Chowchilla Local Roadway Safety Plan (LRSP); and Authorizing the City Administrator or Designee to Submit Highway Safety Improvement Program (HSIP) Grant Applications for Two Safety Improvement Grant Projects. Motion passed unanimously by roll call vote.

6.2 Consideration and Adoption of a City Council Resolution (67-22) Awarding the Agreement for Airport New Beacon and Beacon Tower Project Bid to Vellutini Corporation DBA Royal Electric Company in the Amount of $185,185.00 and Authorizing the City Administrator or Designee to Execute Related Documents Thereto (Rogers)
Motion by Council Member Smith, Seconded by Council Member Ahmed to Approve City Council Resolution # 67-22, Awarding the Agreement for Airport New Beacon and Beacon Tower Project Bid to Vellutini Corporation DBA Royal Electric Company in the Amount of $185,185.00 and City Council Meeting Minutes August 9, 2022
Authorizing the City Administrator or Designee to Execute Related Documents Thereto. Motion passed unanimously by roll call vote.

6.3 Verbal Discussion and/or Direction Regarding the Chowchilla Christmas Tree (Pruett) Spoke:

Tony Gaither
It was the consensus of the City Council to direct staff to purchase the tree with color lights and decorations and communicate with the Lions Club regarding the event.

ANNOUNCEMENTS – Section 7
AUG 13 MOVIES IN THE PARK, ‘CLIFFORD 3’, VETERANS MEMORIAL PARK, AT SUNSET AUG 17 PLANNING COMMISSION MEETING, CITY HALL, 7PM
AUG 19 AUTOZONE DISTRIBUTION CENTER GROUNDBREAKING, 24799 CHOWCHILLA BLVD., 11AM AUG 23 CITY COUNCIL MEETING, CITY HALL, 7PM

ADJOURNMENT
Mayor Chavez adjourned the August 9, 2022 City Council Meeting at 8:31 p.m.

ATTEST: APPROVED:

Joann McClendon, CMC, City Clerk Mayor John Chavez

MINUTES
Special City Council Meeting
City Council Chamber, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, August 9, 2022 – 7:00 p.m.

CALL TO ORDER/ROLL CALL: 7:05
Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Commander Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Finance Director Kerri Williams, Deputy Director of Recreation & Community Engagement Stacy Wisener, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon OPEN SESSION – 7:05 PM

PLEDGE OF ALLEGIANCE
CONSENT - Section 1

1.1 Consideration and Approval of a Memoranda of Understanding (MOU) of the Chowchilla City Employees Association for the Period Covering July 1, 2022 Through June 30, 2025 (Pruett)
Motion by Council Member Smith, Seconded by Council Member Palmer to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

ADJOURNMENT
Mayor Chavez adjourned the August 9, 2022 City Council Meeting at 8:31 p.m.

ATTEST: APPROVED:

Joann McClendon, CMC, City Clerk Mayor John Chavez
Item 3.2

CLICK HERE

TO RETURN TO

THE AGENDA

REPORT TO THE CITY COUNCIL
Item 3.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: August 23, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: July 2022 Budget vs Actual and Balance Sheet

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

Approve the July 2022 Financial Statements shown in the attachment.

BACKGROUND:

Staff provides Council with monthly financial information as an ongoing financial status update.

REASON FOR RECOMMENDATION:

The monthly financial statements consist of a Budget vs Actual and a Balance Sheet for the General Fund.

The Budget vs Actual shows the current Month (Period Activity) and current Year (Fiscal Activity) Revenues and Expenses by Department in summary form compared to the current year Original and Current budgets. The Balance Sheet shows the Assets, Liabilities and Fund Balance at the time the report is generated. This provides an overview of cash, amounts owed to the City, amounts the City owes and the fund balance at a specific point in time.

The financial statements are being presented as an overview of the City’s finances and are not meant to be a comprehensive in-depth review. As a reference to compare to the percent remaining column in the report, the percentage of the year remaining 92%.

If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.

If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them.

FISCAL IMPACT:

Revenues
General Administration- Property tax and VLF, which are 2 of our biggest revenues, are only received 2 times a year in February and May, we have yet to receive a distribution. We are teetered which means we do not have to worry about delinquencies, because the County pays us and goes after the delinquencies themselves. Sales tax payments run a couple months behind and we have yet to receive July’s payment.

Sales tax is our 2nd largest revenue.

Police Sworn/Net- Budgeted revenue is from school reimbursements for SRO services, SIU from the County and from grants that are billed periodically. We have not billed the schools or the County yet as we usually bill quarterly. Also, it has $323k Transfer-in from Measure N for the RIMS Software and recruitment and retention of employees. Also, the Madnet program is reimbursed through the County and as of right now we do not have any officers in this program.

Fire Services- This revenue is from transfers-in from Measure N and Fire Impact Fees for the fire station expansion project Phase 1 & Phase 2.

Community & Economic Development- This will fluctuate as building permits are pulled. We budgeted for some growth which includes projects like Oleander, Rancho Calera, Montgomery Farms and miscellaneous lots within Greenhills. So far, we have Century Communities building their part of the Montgomery Farms lots. Oleander Terrace has pulled all of their permits, but other projects have not pulled their permits yet. We still have other miscellaneous permits for other items that are happening as well.

There is also $185k of grant revenues that we have not received as of now.

Parks and Recreation- $200k of this is from a grant that we have not spent yet so we have not requested reimbursements. The rest is overhead allocations from the LLMD that happen at the end of the year.

Community Relations- Revenues are from sports program reimbursements, park pavilion rentals and donations.

Expenses
General Services- This is due to the POB Transfer out, and various PO’s that are open for the year.

Police Sworn/Net- Budgeted Expenses are more than usual as of right now due to the allocations of Lump sum PERS, we pay this upfront in July for a discounted rate.

ALTERNATIVES:

Pull the item for further discussion
ACTIONS FOLLOWING APPROVAL:

None
8/18/2022 8:28:17 AM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2022-2023 Period Ending: 07/31/2022
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Encumbrances
Current
Total Budget
Original
Total Budget
Percent
Account Typ… Remaining
Dept: 1600 - General Administration
Revenue 8,680,958.00 8,680,958.00 -31.00 -31.00 0.00 -8,680,989.00 100.00% Expense 316,453.00 316,453.00 0.00 0.00 0.00 316,453.00 100.00% Dept: 1600 - General Administration Surplus (Deficit): 8,364,505.00 8,364,505.00 -31.00 -31.00 0.00 -8,364,536.00 100.00% Dept: 1605 - City Council
Expense 74,990.00 74,990.00 3,400.17 3,400.17 0.00 71,589.83 95.47% Dept: 1605 - City Council Total: 74,990.00 74,990.00 3,400.17 3,400.17 0.00 71,589.83 95.47% Dept: 1610 - City Clerk
Expense 290,284.00 290,284.00 25,484.65 25,484.65 677.50 264,121.85 90.99% Dept: 1610 - City Clerk Total: 290,284.00 290,284.00 25,484.65 25,484.65 677.50 264,121.85 90.99% Dept: 1615 - City Attorney
Expense 190,000.00 190,000.00 0.00 0.00 0.00 190,000.00 100.00% Dept: 1615 - City Attorney Total: 190,000.00 190,000.00 0.00 0.00 0.00 190,000.00 100.00% Dept: 1705 - General Services
Expense 1,580,405.00 1,580,405.00 363,258.72 363,258.72 18,325.75 1,198,820.53 75.86% Dept: 1705 - General Services Total: 1,580,405.00 1,580,405.00 363,258.72 363,258.72 18,325.75 1,198,820.53 75.86% Dept: 1710 - City Administration
Expense 402,438.00 402,438.00 24,737.21 24,737.21 12.99 377,687.80 93.85% Dept: 1710 - City Administration Total: 402,438.00 402,438.00 24,737.21 24,737.21 12.99 377,687.80 93.85% Dept: 1712 - City Property - Rents
Revenue 161,945.00 161,945.00 0.00 0.00 0.00 -161,945.00 100.00% Expense 53,690.00 53,690.00 11,367.35 11,367.35 2,785.00 39,537.65 73.64% Dept: 1712 - City Property - Rents Surplus (Deficit): 108,255.00 108,255.00 -11,367.35 -11,367.35 -2,785.00 -122,407.35 113.07% Dept: 1720 - Finance Department
Revenue 0.00 0.00 41.00 41.00 0.00 41.00 0.00%
Expense 829,616.00 829,616.00 58,147.68 58,147.68 653.17 770,815.15 92.91% Dept: 1720 - Finance Department Surplus (Deficit): -829,616.00 -829,616.00 -58,106.68 -58,106.68 -653.17 770,856.15 92.92% Dept: 2610 - Police Department
Revenue 731,420.00 731,420.00 9,324.15 9,324.15 0.00 -722,095.85 98.73% Expense 4,524,606.00 4,524,606.00 575,496.23 575,496.23 11,474.57 3,937,635.20 87.03% Dept: 2610 - Police Department Surplus (Deficit): -3,793,186.00 -3,793,186.00 -566,172.08 -566,172.08 -11,474.57 3,215,539.35 84.77% Dept: 2615 - Police - Mad Net
Revenue 192,000.00 192,000.00 0.00 0.00 0.00 -192,000.00 100.00% Budget Report For Fiscal: 2022-2023 Period Ending: 07/31/2022 8/18/2022 8:28:17 AM Page 2 of 3
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Encumbrances
Current
Total Budget
Original
Total Budget
Percent
Account Typ… Remaining
Expense 227,266.00 227,266.00 0.00 0.00 0.00 227,266.00 100.00% Dept: 2615 - Police - Mad Net Surplus (Deficit): -35,266.00 -35,266.00 0.00 0.00 0.00 35,266.00 100.00% Dept: 2705 - Fire Department
Revenue 1,812,500.00 1,812,500.00 0.00 0.00 0.00 -1,812,500.00 100.00% Expense 2,158,480.00 2,158,480.00 38,868.11 38,868.11 -6,707.61 2,126,319.50 98.51% Dept: 2705 - Fire Department Surplus (Deficit): -345,980.00 -345,980.00 -38,868.11 -38,868.11 6,707.61 313,819.50 90.70% Dept: 4705 - Community & Economic Development
Revenue 875,750.00 875,750.00 57,322.01 57,322.01 0.00 -818,427.99 93.45% Expense 1,096,369.00 1,096,369.00 46,979.44 46,979.44 2,694.15 1,046,695.41 95.47% Dept: 4705 - Community & Economic Development Surplus (Deficit): -220,619.00 -220,619.00 10,342.57 10,342.57 -2,694.15 228,267.42 103.47% Dept: 6610 - Community Pool (OLD)
Revenue 1,200.00 1,200.00 1,033.01 1,033.01 0.00 -166.99 13.92% Expense 23,177.00 23,177.00 4,171.52 4,171.52 0.00 19,005.48 82.00% Dept: 6610 - Community Pool (OLD) Surplus (Deficit): -21,977.00 -21,977.00 -3,138.51 -3,138.51 0.00 18,838.49 85.72% Dept: 6615 - Senior Services
Expense 39,000.00 39,000.00 12.16 12.16 0.00 38,987.84 99.97% Dept: 6615 - Senior Services Total: 39,000.00 39,000.00 12.16 12.16 0.00 38,987.84 99.97% Dept: 6620 - Parks & Facilities
Revenue 259,597.00 259,597.00 0.00 0.00 0.00 -259,597.00 100.00% Expense 701,109.00 701,109.00 20,191.77 20,191.77 791.86 680,125.37 97.01% Dept: 6620 - Parks & Facilities Surplus (Deficit): -441,512.00 -441,512.00 -20,191.77 -20,191.77 -791.86 420,528.37 95.25% Dept: 6625 - Community Relations
Revenue 21,200.00 21,200.00 430.00 430.00 0.00 -20,770.00 97.97% Expense 255,438.00 255,438.00 17,587.44 17,587.44 4,725.00 233,125.56 91.27% Dept: 6625 - Community Relations Surplus (Deficit): -234,238.00 -234,238.00 -17,157.44 -17,157.44 -4,725.00 212,355.56 90.66% Report Surplus (Deficit): -26,751.00 -26,751.00 -1,121,583.28 -1,121,583.28 -35,432.38 -1,130,264.66 -4,225.13% Budget Report For Fiscal: 2022-2023 Period Ending: 07/31/2022 8/18/2022 8:28:17 AM Page 3 of 3
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity Encumbrances
Current
Total Budget
Original
Total Budget
100 - General Fund -26,751.00 -26,751.00 -1,121,583.28 -1,121,583.28 -35,432.38 -1,130,264.66 Report Surplus (Deficit): -26,751.00 -26,751.00 -1,121,583.28 -1,121,583.28 -35,432.38 -1,130,264.66 8/18/2022 8:58:54 AM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 07/31/2022
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 38.58
100-0100-0206 Cash Drawer 1,500.00
100-0100-0220 Accounts Receivable-Clients 33,865.16
100-0100-0221 A/R - Non Governmental -627.92
100-0100-0222 A/R - Intergovernmental 11,363.88
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 45,901.10
100-0100-0226 Advance to Other Funds 477,971.31
100-0100-0227 Liens Receivables General Fund 162,840.13 100-0100-0228 Pending Charges or Refunds -1,764.42
100-0100-0229 A/R Business License 87,604.89
100-0100-0231 Allowance for Doubtful A/C 67,200.00
100-0100-0291 Prepaid Expenses -3,700.00
100-0100-1900 Claim On Cash 6,099,764.37
Total Assets: 6,982,457.08 6,982,457.08
Liability
100-0200-0422 Bonds for Work-Refundable 19,500.00
100-0200-0425 Use Sale Tax 166.69
100-0200-0428 Prepaid Deposits 138,000.00
100-0200-0480 Deferred Revenue 162,766.23
100-0200-2901 Accounts Payable Pending 92,576.94
Total Liability: 413,009.86
Equity
100-0300-0601 Fund Balance 6,280,923.92
100-0300-0602 Designated Restricted Donation 5,934.55
100-0300-0604 Reserve for Contingencies 910,223.00
100-0300-0605 Designated for Prepaid Items 239.50
100-0300-0611 Reserve for L/T A/R 486,734.34
100-0300-0615 SB1186 6,975.19
Total Beginning Equity: 7,691,030.50
Total Revenue 68,119.17
Total Expense 1,189,702.45
Revenues Over/Under Expenses -1,121,583.28
Total Liabilities, Equity and Current Surplus (Deficit): 6,982,457.08 Total Equity and Current Surplus (Deficit): 6,569,447.22

REPORT TO THE CITY COUNCIL
Item 3.4

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TO RETURN TO

THE AGENDA
Meeting of: August 23, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Authorizing Continued Use of Remote Teleconferencing Provisions Pursuant to AB 361 and Government Code Section 54953
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

That the City Council adopt a resolution authorizing the continued use of remote teleconferencing provisions pursuant to AB 361 and Government Code section 54953.

BACKGROUND:

On September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances:
(A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; or (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

REASON FOR RECOMMENDATION:

In order for the City Council to continue use of teleconferencing as allowed by AB 361, it must first adopt the resolution allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days. In addition, AB 361 requires the City to continue to make specified findings every thirty (30) days thereafter. The last time this was presented on the agenda was August 9, 2022.

FISCAL IMPACT:

None foreseen at time of report.

ALTERNATIVES:

Not adopt the resolution and revert to the original Brown Act rules for posting agendas when a member of the council remotely joins a City Council meeting.

ACTIONS FOLLOWING APPROVAL:

Continue to place the item on the City Council meeting agenda every 30-days to continue with the AB361 guidelines without disruption.

COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361 AND GOVERNMENT CODE SECTION 54953)
WHEREAS, the City Council of the City of Chowchilla (“City Council”) is committed to open and transparent government, and full compliance with the Ralph M. Brown Act (“Brown Act”); and WHEREAS, the Brown Act generally requires that a public agency take certain actions in order to use teleconferencing to attend a public meeting virtually; and WHEREAS, the City Council recognizes that a local emergency persists due to the worldwide COVID-19 pandemic; and
WHEREAS, the California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings to be held via teleconference (inclusive of internet-based virtual meetings); and WHEREAS, on September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, in order for the City Council to use teleconferencing as allowed by AB 361 after October 1, 2021, it must first adopt findings in a resolution, allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days; and WHEREAS, Governor Gavin Newsom declared a state of emergency for the State of California due to the COVID-19 pandemic in his order entitled “Proclamation of a State of Emergency,” signed March 4, 2020; and/or
WHEREAS, the California Occupational and Safety Health Administration (OSHA) continues to recommend certain social distancing requirements, as described in detail in California Code of Regulations Title 8, section 3205 Covid Prevention; and/or WHEREAS, Madera County Health Officer, Dr. Simon Paul issued a letter on October 8, 2021 recommending physical distancing measures by way of utilizing teleconferencing options for public meetings to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 virus; and
WHEREAS, on August 9, 2022; July 12, 2022; June 14, 2022; May 24, 2022; May 10, 2022; April 12, 2022; March 22, 2022; March 8, 2022; February 8, 2022; January 11, 2022; December 14, 2021; November 23, 2021; and October 26, 2021, the City Council continued use of the remote teleconferencing provisions originally adopted on September 28, 2021; and WHEREAS, the City Council hereby finds that the state and local emergencies have caused and will continue to cause imminent risks to the health or safety of attendees; and WHEREAS, the City Council is conducting its meetings through the use of telephonic and internet-based services so that members of the public may observe and participate in meetings and offer public comment.

NOW THEREFORE, BE IT RESOLVED, that the recitals set forth above are true and correct and fully incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED, that the City Council is conducting meetings during a state of emergency and the County of Madera and OSHA recommend measures to promote social distancing.

BE IT FURTHER RESOLVED, that the City Council has determined that given the state of emergency, holding in-person only meetings would present imminent risks to the health or safety of attendees.

BE IT FURTHER RESOLVED, that the actions taken by the City Council through this resolution shall be applied to all City Commissions and Committees governed by the Brown Act unless otherwise desired by that Commission/Committee.

BE IT FURTHER RESOLVED, the City Council authorizes the City Manager or their designee(s) to continue to take all actions necessary to conduct City Council meetings in accordance with AB 361 and Government Code section 54953(e) and all other applicable provisions of the Brown Act, using teleconferencing for a period of thirty (30) days from the adoption of this Resolution after which the City Council will again reconsider the circumstances of the state of emergency.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of August, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF CHOWCHILLA AND

THE CHOWCHILLA CITY OFFICE EMPLOYEES ASSOCIATION
FOR THE PERIOD:

JULY 1, 202218 THROUGH JUNE 30, 20251
Item 3.5

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TO RETURN TO

THE AGENDA
i

TABLE OF CONTENTS
Page
INTRODUCTION............................................................................................................................1 ARTICLE I - PREAMBLE..............................................................................................................1 A. GENERAL...............................................................................................................1 B. PURPOSE................................................................................................................1 C. PARTIES..................................................................................................................1 D. GOVERNING LAWS..............................................................................................1 ARTICLE II – RECOGNITION ......................................................................................................2 A. CHOWCHILLA CITY OFFICE EMPLOYEES ASSOCIATION
RECOGNITION.......................................................................................................2 B. CCOEA/REPRESENTATIVES...............................................................................2 ARTICLE III - EMPLOYEE RIGHTS .............................................................................................2 A. DISCRIMINATION.................................................................................................2 B. MAINTENANCE OF MEMBERSHIP....................................................................2 C. DUES DEDUCTION ................................................................................................3 D. NEW EMPLOYEE ORIENTATION ........................................................................3 ARTICLE IV - MANAGEMENT RIGHTS.....................................................................................3 A. GENERAL...............................................................................................................3 ARTICLE V – COMPENSATION ..................................................................................................4 A. PERFORMANCE EVALUATION..........................................................................4 B. COST-OF-LIVING ADJUSTMENT/SALARY ADJUSTMENT .............................5 C. CERTIFICATE AND EDUCATION PAY ..............................................................5 D. BILINGUAL PAY/CERTIFICATION PAY ............................................................6 E. OVERTIME COMPENSATION .............................................................................7 ii
F. APPLICABLE PAY FOR WORKING IN A HIGHER CLASSIFICATION ..........7 G. LONGEVITY PAY ..................................................................................................8 ARTICLE VI - ATTENDANCE AND LEAVES ............................................................................8 A. HOURS OF WORK..................................................................................................8 B. REST PERIODS ......................................................................................................8 C. ANNUAL VACATION LEAVE ..............................................................................8 D. SICK LEAVE.........................................................................................................11 E. BEREAVEMENT LEAVE....................................................................................12 F. MILITARY LEAVE...............................................................................................12 G. LEAVE OF ABSENCE WITHOUT PAY..............................................................12 H. PREGNANCY DISABILITY LEAVE...................................................................13 I. WITNESS AND JURY DUTY ..............................................................................13 J. HOLIDAYS ...........................................................................................................14 ARTICLE VII - MISCELLANEOUS ............................................................................................15 A. HEALTH INSURANCE BENEFITS.....................................................................15 B. EMPLOYEE MEETINGS......................................................................................15 C. BACK UP COVERAGE FOR RECEPTION AREA..............................................15 D. ATTENDANCE.....................................................................................................15 E. OUTSIDE EMPLOYMENT ..................................................................................16 F. LAYOFF PROCEDURE........................................................................................16 G. UNIFORMS ...........................................................................................................17 H. SHOE/BOOT ALLOWANCE ...............................................................................18 I. WAIVER................................................................................................................18 J. ATTORNEYS' FEES .............................................................................................18 K. GOVERNING LAW..............................................................................................18 iii
L. RETIREMENT BENEFITS ...................................................................................18 M. REOPENING OF NEGOTIATIONS .....................................................................18 ARTICLE VIII - GRIEVANCE PROCEDURE (to be negotiation and added as Attachment C) . 19 ARTICLE IX - ENTIRE AGREEMENT.................................................................................19 1 INTRODUCTION
This Memorandum of Understanding ("MOU") contains the entire understanding between the City of Chowchilla (hereafter referred to as "City") and the Chowchilla City Office Employees Association (hereafter referred to as "Association" or "CCOEA"). If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

ARTICLE I - PREAMBLE
A. GENERAL
This MOU represents the mutual agreement of the City and the Association on terms and conditions of employment covering the period of July 1, 202218 through June 30, 20251.

B. PURPOSE
The purpose of this MOU is to promote harmonious relations between the City and its represented employees, including all members of the Association, and to establish an equitable and peaceful procedure for the resolution of differences; the establishment of wages, hours of work, and other terms and conditions of employment.

C. PARTIES
The parties hereto agree as follows: The City of Chowchilla, herein referred to as "City," is a general law city, duly organized and existing under the laws of the State of California. The Chowchilla City Office Employees Association, herein referred to as Association," is a recognized employee organization which represents each employee assigned to those job classifications identified in Attachment A, which attachment is incorporated herein by reference.

D. GOVERNING LAWS
This MOU is subject to the laws of the State of California, but in particular, this MOU is subject to the provisions of Chapter 10, Division 4 of Title I of the California Government Code {Section 3500 et seq., commonly known as the "Myers-Milias-Brown Act"). The parties hereto acknowledge their relationship is also subject to certain provisions of the Municipal Code of the City of Chowchilla, including but not necessarily limited to, the provisions of Chapter 2.42 II (commonly known as the" Personnel Ordinance"). The parties hereto acknowledge their relationship is also subject to the policies of the City Council of the City of Chowchilla, including but not limited to, the City of Chowchilla Personnel Rules and Regulations, as currently enacted (commonly known as the "Personnel Rules"), adopted under the provisions of Ordinance No. 374- 91).
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2 ARTICLE II – RECOGNITION
A. CHOWCHILLA CITY OFFICE EMPLOYEES ASSOCIATION RECOGNITION The City acknowledges the Chowchilla City Office Employees Association as the sole and exclusive bargaining representative for the purposes of establishing wages, hours, and working conditions of employment for each employee assigned to those job classifications identified in Attachment A.

B. CCOEA/REPRESENTATIVES
The City recognizes that the CCOEA, under the authority of the California Government Code, may exercise the right to affiliate with a labor organization. The City shall meet with designated members of the CCOEA and/or its labor representatives in all manners related to grievances and the interpretation of this MOU. A reasonable number of previously designated CCOEA representatives shall have the right to represent their employees, without loss of compensation, in dealings with the City (all meetings between the association and City officials) that involve matters within the scope of representation, when such meetings occur during the regular working hours of each such individual CCOEA representative.

ARTICLE III - EMPLOYEE RIGHTS
A. DISCRIMINATION
The City shall not interfere with nor discriminate in any way against any employee for exercising their right to become a member of the CCOEA or for exercising their right to participate in any CCOEA lawful activities.

B. MAINTENANCE OF MEMBERSHIP
Any employee in this unit who has authorized Association dues deductions on the effective date of this MOU or at any time subsequent to the effective date of this MOU shall continue to have such dues deductions made by the City during the term of this MOU; provided however, that any employee in the unit may terminate such Union dues during the period of December 1 through December 31th of each year of the MOU by notifying the Association in writing of his/her termination of Union dues deduction. Such notification shall be delivered in person or by U.S. 3 mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, department name and name of Union from which dues deductions are to be canceled. The Association will provide the City's Human Resources Department with the appropriate documentation to process these dues cancellations within ten (10) business days after the close of the withdrawal period.

C. DUES DEDUCTION
The City shall deduct from twenty-four (24) paychecks of unit employees the regular [periodic] Union membership dues as certified by an authorized official of the Union, and transmit such deductions monthly to the Union. Such deduction shall be made only when the Union member's earnings for a pay period are sufficient after other legally required deductions are made. It is agreed that the City assumes no liability on account of any actions taken pursuant to this section.

D. NEW EMPLOYEE ORIENTATION
The City will provide the Association with two weeks advance notice (when possible) of any new employees hire who is covered under this agreement. An Association representative will have up to 30 minutes as part of the new employee orientation. The Association's orientation will take place within two weeks of the employees hire at a time and location mutually agreed to with the employee’s supervisor. The Association will be given a new employee’s name, work unit, job classification, home address, personal cell phone, rate of pay and start date prior to the employee’s start date.

ARTICLE IV - MANAGEMENT RIGHTS
A. GENERAL
Notwithstanding any of the items agreed to herein, nothing in this MOU is intended to limit the management rights of the City, including but not limited to:

1. Direct the work of its employees.

2. Hire, promote, demote, transfer, assign, and classify employees within the City

3. Discipline employees for proper cause.

4. Take actions as may be necessary to carry out the mission of the agency in emergencies.

5. Determine the methods, means, and personnel by which operations are to be carried on.

6. Determine its budget, organization, merits, necessity and level of any activity of service provided to the public.

7. The right to implement whatsoever personnel record keeping it desires to fulfill its 4 needs and to fulfill minimum record keeping requirements pursuant to relevant state and/or federal laws, including but not limited to, the Fair Labor Standards Act.

ARTICLE V – COMPENSATION
A. PERFORMANCE EVALUATION
The job performance of each employee will be formally evaluated by the employee's immediate supervisor or department head in accord with the following schedule:

1. Probationary employee: Probationary employees who successfully complete the probationary period will be provided with a written evaluation by the end of the probationary period.

2. Regular employee:
a. Performance evaluations shall be completed one week prior to the employee's anniversary date, but no later than sixty (60) days after the anniversary. If the evaluation process takes longer than sixty (60) days, the grievance process will be followed. The performance evaluation will begin with the employee completing the evaluation form provided by their supervisor. The supervisor will have thirty (30) days from receipt of the evaluation form from the employee to complete the evaluation process. At thirty (30) days, if the evaluation is not fully completed, the department head is to forward a memo to the City Administrator and the supervisor advising of the incomplete status and confirming a date within thirty (30) days in which the evaluation will be completed. The evaluation process includes the preparation of the evaluation, the approval by Administrative Services, review of the employee, and the actual processing of the Personnel Action Form ("PAF" and authorization and record of any all- personnel changes). In the event an employee fails to complete the self-evaluation form within the required time limit, the employee's supervisor will proceed with the evaluation process as herein outlined.
b. During the pendency of this MOU the results of the performance evaluation process described herein will be used to evaluate the employee's satisfactory compliance with job classification criteria and eligibility for continued employment, but will not be the basis for" merit system" compensation increases. The existing and projected economic limitations on the City's resources preclude continuation of the meritsystem compensation program. c. Any employees newly hired during the pendency of this MOU and represented by the Association shall receive the salary designated as Step A in the attached current salary schedule (Attachment B), unless the Personnel Officer deems their qualifications warrant a higher initial placement. d. Step Increases: Beginning July 1, 2022, through June 30, 2025, the step ranges for all bargaining unit classificationsshall be paid as per the "full-step." 5% Formatted: Right: 0.1", Space Before: 0.05 pt, Line
spacing: Multiple 1.1 li, Tab stops: 1.54", Left + 1.54", Left + Not at 1.58" + 1.58"
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5 step increases shall be implemented annually and upon receipt of a satisfactory performance evaluation.
d.
6 The steps shall be designated as follows: "A Step", "A+ Step", "B Step", "B+ Step", "C Step", "C+ Step", "D Step", "D+ Step", "E Step", "E+ Step", and "F Step". There shall be no half-step established that exceeds the top step as it exists prior to this change ("F Step" in this bargaining unit.) Effective July 1st, 2020 employees will be eligible on their anniversary date for a 5% step increase. If an employee is at a “half-step” on their anniversary date after July 1st, 2020, they will receive the full 5% step increase. No employee will be given more than a 5% step increase. The “half-step” wage scale will remain until no employee occupies a “halfstep”. No employee can exceed the top step at any time. The wage schedule will reflect a 5% differential between the fullstepsfor all job classifications.

An employee must have a satisfactory performance evaluation in order to eligible for a step increase.

B. COST-OF-LIVING ADJUSTMENT/SALARY ADJUSTMENT
The City shall provide increases to the base salary of all employees in the bargaining unit during the term of this MOU on the following schedule and in the following amounts:

July 1, 202218 42% increase to base salaries
July 1, 202319 32% increase to base salaries
July 1, 20240 31% increase to base salaries
C. ONE-TIME PREMIUM PAY
Paid Semi-Annually (December 31 & June 30) and only in year 1. The non-PERS-able premium pay will be determined by years of service and based on your anniversary date as of July 1, 2022. • 0-5 Years- $2000
• 6-9 Years- $2500
• 10+ Years- $3000
C.D. CERTIFICATE AND EDUCATION PAY
In order to encourage eligible employees to become better equipped to perform their duties and to provide employees with an opportunity for advancement with the City, employees shall be compensated as they complete various segments of higher education or certification as described below.

Education, Special Licenses, Certificates:

With prior approval of the City Administrator, employees shall receive an increase of 3.0% of their base salary for each job-related certification or special license held that relates to their primary job function, provided it is not already required as a minimum requirement for their job.

1. Possession of an Associate Degree or Bachelor's Degree in a subject matter field that is directly related to the employees' job classification.

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0.33" + Indent at: 0.58"
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7 2. Possession of a Master's Degree in a subject matter field that is directly related to the employees' job classification.

3. Possession of a Doctorate Degree in a subject matter field that is directly related to the employees' job classification.

4. Possession of a certificate in a subject matter field that is directly related to their employment classification.
8 5. Possession of a special license directly related to the functions of their employment classification.

Incentives for education, special licenses or certificates indicated above may be combined, but shall not, in any event, exceed a maximum of 9% of the base salary.

To receive pay under this provision, the employee must first present, to their Department Head, a description of the degree, license or certificate held, or course to be taken for approval. The Department Head shall recommend approval to the City Administrator if the conditions required in this Article are satisfied.

After completion of the approved course(s), the employee must present a copy of the certification or license that indicates the employee has successfully completed the course (s). Employees receiving certification or license incentive pay must maintain the certification or license in order to continue receiving the incentive pay.

Accreditation
All education credentials must be obtained from a school which is fully accredited through a validated regional accrediting agency, as designated by the U.S. Department of Education or the Council for Higher Education Accreditation (CHEA), special licenses or certificates must be issued by an acceptable issuer or provider as approved by the City Administrator.

D.E. BILINGUAL PAY/CERTIFICATION PAY

1. In accordance with administrative policies and procedures, those employees in the Unit who are required to speak or write in Spanish, as part of the regular duties of his/her position, shall be compensated at the following rates in addition to their designated rate of pay:
(i) Employees who pass the required testing procedure or qualified certification adopted by the City for qualifying for bilingual pay for Spanish Translation Skills shall receive 2.5% certification pay. The test consists of two parts - one written section and one verbal section. An employee may qualify for this Bilingual Pay incentive by achieving a passing score on either the written or verbal portion of the test.
(ii) The City Administrator, through authorization of the City Council, shall designate which languages shall be eligible for bilingual pay based on community needs, currently only Spanish is authorized. The number of qualifying individuals in this bargaining unit shall not exceed eight (8).

There may be more than one language and interpreters necessary to satisfy the needs of the community. The City Administrator shall have the discretion to obtain further Council authorization to add to the list of languages approved for translator services, and to increase the total number of designated translators and number of employees designated to receive bilingual assignments.
9 (iii) Employees are required to re-certify and demonstrate proficiency every five (5) years.

E.F. OVERTIME COMPENSATION
(See Rule V, Section 4, Page 19, Personnel Rules)
It shall be the duty of all department heads to operate their departments with a minimum of overtime. However, in cases of emergency or when otherwise necessary, an employee of the City may be required to work overtime. Overtime work is that work performed by an employee during periods of time other than normally scheduled for his or her specific employment. Pursuant to the provisions of Personnel Rule V, Section 4, as incorporated herein by reference, work in excess of 40 hours per week, except as otherwise specified in this MOU, shall be considered overtime. All employees entitled to overtime shall be entitled to receive either regular hourly or hourly equivalent pay or equivalent time off, at a rate of one and one-half times pay or one and one-half times off for each hour of overtime worked. Overtime shall be distributed as equally as is practical within a given classification from among those employees who are qualified and available.

All overtime work, to be eligible for overtime pay or equivalent time off, must have the approval of the City Administrator through the department head. No employee shall accumulate more than 40 hours equivalent time off. All equivalent time off must be used or paid in a lump sum within 30 days of the maximum of its accrual, unless requested by the employee and authorized by the City Administrator.

This section shall be interpreted to reflect that under the 9/80 work schedule, overtime shall be paid at the appropriate overtime rate for any hours worked in excess of the employee's normally scheduled work hours. Vacation leave, sick leave, paid time off and holiday time off during the work week will count as time worked when determining the amount of overtime compensation to be paid.

F.G. APPLICABLE PAY FOR WORKING IN A HIGHER CLASSIFICATION

1. Employees may be assigned the functions of a vacant higher classification. In the event an employee is so assigned and is performing work that is exclusive to the higher classification, where more than 50% of their time worked is taken up by those higher functions for a period of at least thirty (30) days, the affected employee shall become eligible to receive out-of-class pay. Out-of-class assignments shall not exceed six months or 960 hours whichever comes first subject to all CalPERS rules and requirements. An employee working longer than six months out-of-class shall be reclassified into that job class.

2. An employee shall be paid an additional 5% above their base salary for out-of-class pay, beginning on the 31st day that they are performing out-of-class work for more than 50% of their working hours. Such out-of-class pay shall continue thereafter until the out-of-class assignment ends or is reduced to below 50% of the employee's working hours.
10 G.H. LONGEVITY PAY
Non-exempt regular full-time or part-time employees shall receive longevity pay of 2.5% of their base wage after the first five years of employment, and 2.5% for each five years thereafter.

ARTICLE VI - ATTENDANCE AND LEAVES
A. HOURS OF WORK
The City desires to implement a work schedule based on the 9/80 work day format. This means generally that employees will work four (4) 9-hour days in one week and one (1) 8-hour day on Friday of that same week. The following week will be comprised of four (4) 9-hour days with Friday off. Exceptions to this work schedule may be granted by the employee's supervisor, when in the supervisor's opinion, the exception is warranted to allow the employee to provide adequate care for dependents or work conditions require that another schedule should be followed. An employee may appeal to the City Administrator any denial of a request to work an alternate schedule. Nothing in this section provides for or implies any additional compensation or benefit for work on another- than-normal work week, work day, or work schedule, except as expressly provided in this MOU. The provisions of Personnel Rule XII, Section 1, shall each be applicable here and are incorporated by reference.

B. REST PERIODS
(See Rule XII, Section 2, Page 30, Personnel Rules)
Rest periods will normally be provided to employees at the rate of 15 minutes for each 4 hours worked. Further, except under unusual circumstances, rest periods will not be taken during the first or last hour of the work day. Since rest periods are paid time, nothing in this section provides for or implies any additional compensation or benefit when a rest period is not received. The location at which such rest period shall be taken may be determined by the appropriate department head or department head designee.

C. ANNUAL VACATION LEAVE
(See Rule XII, Section 3, Page 30, Personnel Rules)

1. Vacations will be scheduled not less than 60 days in advance with the prime consideration being whether the necessary functions of the department can be adequately maintained in the absence of the requesting employee. Whenever two 2) or more employees choose the same vacation period, the matter will be settled on the basis of seniority. Vacations of more than five (5) working days will not be split unless previously agreed to in writing by the employee. Emergency vacation leave of less than five (5) working days may be granted if the employee gives reasonable prior notice.

2. No such requests for vacation leave will be denied unless the City can adequately establish that the necessary functions of the department would be seriously jeopardized by the postponement of any function caused by the absence of the subject employee.
11 3. Accumulation of vacation time shall be computed annually, and on or before July 1 each year, the Personnel Officer shall notify all employees the amount of accrued vacation leave to which he or she is entitled as of the date of the notice. Any employee who has accumulated vacation time in excess of the amount allowed for two (2) years' continuous service shall forfeit such excess accumulated vacation leave unless the affected employee has made arrangements acceptable to his or her supervisor or to the appropriate department head for use of such excess accumulated vacation leave in accordance with this rule or unless otherwise specifically approved by the Personnel Officer. Vacation leave shall be earned in accordance with the following schedule and shall be credited in arrears.

Eligible employees shall earn vacation credits at the following rate:

YEARS DAYS HOURS MAX ACCRUAL
0-3 12 96 hrs. 192 hrs.
4-8 15 120 hrs. 240 hrs.
9-15 18 144 hrs. 288 hrs.
16-19 21 168 hrs. 336 hrs.
20 25 200 hrs. 400 hrs.
21 26 208 hrs. 416 hrs.
22 27 216 hrs. 432 hrs.
23 28 224 hrs. 448 hrs.
24 29 232 hrs. 464 hrs.
25+ 30 240 hrs. 480 hrs.

The above-listed calculations are based on 8-hour work days. To the extent a member is on a 9/80 work schedule, the hours accrued for vacation will be adjusted to correspond accordingly.

VACATION ACCRUAL SCHEDULE PER PAY

PERIOD YEARS OF SERVICE
0-3 years 3.70 per pay period
4-8 years 4.62 per pay period
9-15 years 5.54 per pay period
16-19 years 6.46 per pay period
20 and up is based on length of service
NOTE: Where vacation accrual rates are listed above, the rate commences at the beginning of the listed year. (For example - employees accruing at the 4-8 year rate, would begin at that new rate at the beginning of their fourth (4'h) year of employment).

Time used for vacation pay is included in determining the length of an employee's continuous service with the City and his or her entitlement, if any, to any employee benefit dependent upon the employee's length of continuous service. 12 4. Employees may take vacation leave in the amount of days accumulated at the time of such leave. Provided that for good cause shown and upon prior approval of the Personnel Officer, an employee may advance vacation in an amount not to exceed five (5) additional days. Further, on prior approval of the Personnel Officer, an employee may elect to receive a lump sum cash payment in lieu of vacation leave.

The Personnel Officer may, in his or her sole unfettered discretion, deny any request for a lump sum cash payment in lieu of vacation leave. Any request for a lump sum cash payment in lieu of vacation leave shall be submitted in writing, to the employee's direct supervisor or department head for review and submission to the City Administrator who shall notify the department head or appropriate supervisor of his or her determination. In determining whether to grant or deny a request for a lump sum cash payment in lieu of vacation leave, the City Administrator may consider, among other things, the frequency of such requests, the maximum amount of vacation leave accrued by the employee, the amount of accrued vacation leave that will be retained by the employee in the event the request for a lump sum cash payment in lieu of vacation leave is granted, the amount of vacation leave actually taken by the employee prior to the time the request is made and any other factors considered relevant by the City Administrator. If the employee's request for a lump sum cash payment in lieu of vacation leave is approved by the City Administrator, payment is to be made to the employee within four weeks. Such payment will be made from regular payroll and will be taxed in accordance with Internal Revenue Service guidelines regarding supplemental wage payments. For purposes of computing annual vacation leave, a working day shall be considered as one-fifth of the number of working or duty hours in the established work week. For purposes of computing annual vacation leave, a working day shall include all days used as vacation leave.

5. Employees shall be allowed to cash out up to 20 hours of vacation time in December of each yearso long asthe employee has at least 80 hours of accrued vacation credit.

6. In the event one or more municipal holidays falls within an annual vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended accordingly, if taken.

7. Schedules for an employee's vacation shall be prepared by each Department Head on an annual basis. Insofar as is practical, employees will be scheduled for periods of leave based on their requested preference and in order of length of tenure with the City. Any deviation from the schedule once prepared must be approved by the Department Head. Scheduled calendar dates for vacations may be transferred between employees within the same job classification with Department Head approval, however vacation time shall not be transferred between employees in any manner that would increase or decrease the amount of vacation days allocated to each employee.

8. Employees who terminate employment, whether voluntarily or involuntarily, shall be paid for all accrued vacation leave earned up to the date of termination. Issuance of payment for the accrued vacation leave will be at the time of final separation and in accord with California law. During the period following the employee's receipt of notice of intent to discharge, and through the date of final separation, the 13 employee may not take additional vacation leave without prior approval of the Personnel Officer.

D. SICK LEAVE
{See Rule XII, Section 4, Page 32, Personnel Rules)

1. Sick leave with pay shall be granted to all probationary and regular employees within the competitive service. Sick leave shall not be considered as a right which an employee may use at his or her discretion, but shall be allowed only in case of personal necessity or actual personal sickness or disability. Personal necessity sick leave of up to 45 work hours per year may be requested. Personal necessity sick leave is defined as sick leave for non-personal sickness but in the care of sickness of a family member.

2. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor or the Personnel Officer prior to, or within four (4) hours after the time set for beginning his or her daily duties, or as may be specified by the department head. In those situations which have rendered the employee incapable of reporting absence as specified above, the employee shall report at the earliest possible time. When absence is for more than three (3) working days, the employee shall be required to file a physician's certificate of personal affidavit with the department head stating the cause of his or her absence, without revealing confidential medical information.

4. Sick leave shall be earned at the rate of 3.7 hours per pay period and is also earned while on sick leave. No payment shall be made for accumulated sick leave at the time of termination of employment.

5. An employee receiving temporary disability payment under the Workers' Compensation laws may use accumulated sick leave in order to continue to maintain his or her regular income. However, all employees receiving other salaries in lieu of temporary disability payments pursuant to Section 4850 of the Labor Code are entitled to accumulate sick leave during such periods of disability.

6. When accumulated sick leave is exhausted, the employee's pay shall terminate until the employee returns to work. However, an employee with vacation credits may, upon written request to the Personnel Officer, use all or any part of his or her vacation credits as sick leave with pay only when his or her sick leave is exhausted.

The Personnel Officer may grant a leave of absence without pay for the duration of the illness.

7. Time used for sick leave is included in determining the length of an employee's continuous service with the City and his or her entitlement, if any, to any employee 14 benefit dependent upon the employee's length of continuous service.

8. Association members may convert unused sick leave to service credit for purposes of calculating retirement benefits in the time and manner prescribed under the California Public Employees Retirement Laws (2013 edition) and as consistent with the City's contract with the Public Employees Retirement System.

E. BEREAVEMENT LEAVE
(See Rule XII, Section 5, Page 33, Personnel Rules)
Bereavement leave with pay shall be granted to all regular and probationary employees upon the death of a family member. Family members are defined to include husband, wife, domestic partner, father, mother, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, stepfather, stepmother, aunt, uncle, children, stepchildren, grandmother, grandfather, grandchildren, or any relative living in the same permanent residence as the employee. Such leave of absence is not to exceed three (3) days, or five 5) days if out-of-state travel is required. However, an employee may use up to three (3) days of accrued sick leave in accordance with this section in addition to or in lieu of bereavement leave. The time used for bereavement leave is included in determining the length of an employee's continuous service with the City and his or her entitlement, if any, to an employee benefit dependent upon the employee's length of continuous service.

F. MILITARY LEAVE
(See Rule XII, Section 6, Page 34, Personnel Rules)
Military leave shall be granted in accordance with the provisions of federal and California state law. Employees entitled to military leave shall give the department head an opportunity within the limits of military regulations to determine when such leave shall be taken. Employees who serve in U. S. military organizations or National Guard groups may take the necessary time off with pay to fulfill this obligation. Reinstatements of individuals returning from military leave shall be done in accordance with the applicable Military and Veterans Codes of the United States and the State of California.

Employees are eligible for reemployment after completing military service, provided the employee provides copies of the military orders to the department head upon receipt; military service is entered directly from employment with the City and active duty service is satisfactorily completed; and reemployment is applied for and takes place within ninety (90) days after discharge from active duty. An employee returning from up to six (6) months active duty for training must apply within thirty (30) days after discharge.

G. LEAVE OF ABSENCE WITHOUT PAY
(See Rule XII, Section 8, Page 34, Personnel Rules)
The Personnel Officer may grant an employee leave of absence without pay or seniority for not to exceed three (3) months. Leaves in excess of three (3) months must be approved by the City Council.

No such leave shall be granted except upon written request of the employee, setting forth the reason 15 for the request, and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee to report promptly at the expiration of his or her leave, or within a reasonable time after notice to return to duty, shall be cause for discharge.

Time used for leave of absence without pay shall not be included in determining the length of an employee's continuous service with the City and his or her entitlement, if any, to any, employee benefit dependent upon the employee's length of continuous service.

Department Heads may grant an employee leave of absence without pay for not to exceed one (1) calendar week. Such leaves shall be reported to the Personnel Officer.

H. PREGNANCY DISABILITY LEAVE
(See Rule XII, Section 10, Page 37, Personnel Rules)
The purpose of this section is to implement the provisions of the California Pregnancy Disability Act. An employee is entitled to pregnancy disability leave immediately after she is hired. An employee is entitled to up to four (4) months unpaid leave for the period the employee is actually disabled by pregnancy. Pregnancy disability is defined as a certified medical condition caused by pregnancy, childbirth or other medical condition related to pregnancy. An employee's need for Pregnancy Disability Leave does not simply arise because an employee is pregnant, but rather, when her pregnancy or a related condition imposes a physical disability. The City may require an employee be granted leave under this provision to exhaust accrued sick leave. The employee may request to use accrued vacation leave and/or compensatory time off in order to receive compensation during the unpaid portion of her Pregnancy Disability Leave. The employee should give the employer at least thirty {30) days advance notice where it is foreseeable the employee will need to take Pregnancy Disability Leave. If such notice is not possible, such as during an emergency or unforeseen complication, the employee is required to give notice as soon as practicable. Employees returning to work after Pregnancy Disability Leave may be required to have a written release from a physician verifying that they are able to return to work. Pregnancy Disability Leave may be used intermittently. Employees who have exhausted or are no longer qualified to receive Pregnancy Disability Leave, may request an additional twelve (12) work weeks of leave in accordance with Family Medical Leave.

I. WITNESS AND JURY DUTY
(See Rule XII, Section 12, Page 38, Personnel Rules)
Every regular employee of the City who is called or required to serve as a trial juror, upon notification and appropriate verification submitted to the supervisor, is permitted to be absent from his or her duties with the City during the period of such service or while necessarily being present in court as a result of such call.

Regular employees required to perform jury services during their normal scheduled work hours shall receive their base pay for those hours of absence from work. Employees are required to deposit with the City any pay, other than mileage, received from jury service on City time. Such employees are required to deliver a "jury duty time card" form verifying the hours of jury duty service.
16 Employees should note that per Section 21S (b) of the California Code of Civil Procedure, any employee of a federal, state, local government entity, or by any other public entity as defined by Section 481.200 and who received regular compensation and benefits while performing jury duty shall not receive compensation from California courts.

J. HOLIDAYS
(See Rule XII, Section 14, Page 38, Personnel Rules)
The holidays to be observed in this City are as follows:

HOLIDAY DATE
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans' Day November 11
Thanksgiving Day and the
Friday following Thanksgiving
Christmas Eve December 24
Christmas Da y December 25
Personal Holidays(2) As elected, per MOU
In addition, every day proclaimed by the President of the United States, Governor of California, or Mayor of this City as a public holiday, when approved by the City Council, shall be a" holiday" observed by the City. Each employee in the competitive service shall be entitled to receive two personal holidays, with pay, each fiscal year to be scheduled according to the employee's preference, subject to the approval of his or her supervisor or the appropriate department head.

Personal holidays not used in any fiscal year are forfeited and may not be accrued.

In the event the City is required, by law, to recognize Cesar Chavez Day as a paid holiday, the number of Personal Holidays allowed shall revert to one (1). Personal Holidays will be scheduled according to the employee's preference, subject to the approval of his or her supervisor or the appropriate department head. Personal holidays not used in any fiscal year are forfeited and may not be accrued.

Every employee in the competitive service except members of the Police Department who are required to be on duty, shall not be required to be on duty on holidays unless the employee's services are needed and required in the interests of the public health, safety, or general welfare, in which latter event any such employee shall be entitled to equivalent time off at such time, as in the discretion of the department head, his or her services are not needed and required.

When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. If a holiday falls on an employee's regularly scheduled time off, equivalent time off shall be granted. 17 A holiday is calculated as a minimum 8-hour day.

Under the 9/80 work schedule, paid holiday hours, including personal holidays, will be provided in the amount that coincides with the number of hours the employee would otherwise be scheduled to work on the day that the holiday occurs, up to a 9-hour day.

City employees in departments operating on a continuous 24-hour schedule shall be entitled to equivalent compensation in lieu of holidays in the same number of hours as is commensurate with the holiday time hereby granted to other employees, or as may be established by agreement.

ARTICLE VII - MISCELLANEOUS
A. HEALTH INSURANCE BENEFITS
Any employee who by written notice to the City declines the health care benefits provided by the City and provides written proof of the election to receive health care benefits from an alternate source (spouse's employer, military, etc.), shall receive a monthly "in lieu" payment of $225.00.

The "in-lieu" amounts available to employees cannot exceed the lowest cost premium amount for medical, dental, and vision respectively. The Insurance Committee referred to in this section shall meet to determine if any adjustments are required to comply with this requirement.

The City covers 80% of employees’ medical plan premiums; employees cover the remaining 20% of their medical plan premiums. The City covers 90% of employees’ annual medical plan premium cost increases; employees cover the remaining 10% of their annual medical plan premium cost increases.

The City and the Association agree to utilize an Insurance Committee for review of benefit plans and formulation of recommendations regarding response to changes in those programs. Insurance Committee shall include one member designated by the Association to represent the interests of its members. The Committee process will fulfill all meet-and-confer obligations herein.

B. EMPLOYEE MEETINGS
During scheduled employee quarterly meetings, arrangements will be made by the department so that all available employees can attend with a rotation schedule put in place for coverage of appropriate services.

C. BACK UP COVERAGE FOR RECEPTION AREA
Scheduling will be directed by the Personnel Officer who will assign duties within the appropriate job descriptions.

D. ATTENDANCE
(See Rule XII, Section 13, Page 38, Personnel Rules)
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported to the Personnel Officer in the form and on the dates he or she shall specify.

Failure on the part of an employee who is absent without leave to return to duty within 24 hours Formatted: Indent: Left: 0", Right: 0", Space Before:

3.6 pt, Line spacing: single
18 after notice to return shall be cause for immediate discharge, and such employee automatically waives all rights under the Personnel Rules. The depositing in the United States mail of a FirstClass letter, postage paid, addressed to the employee's last known address shall be reasonable notice.
19 E. OUTSIDE EMPLOYMENT
(See Rule XII, Section 15, Pages 39-40, Personnel Rules) Employees may engage in outside employment, in addition to their City employment, only under the following conditions:

1. There shall be no conflict of interest or incompatibility with the employee's City employment;

2. The time involved in outside employment shall not adversely affect the employee's attitude or efficiency in his or her City employment;

3. No telephone calls or personal contact concerning the outside employment shall be made during the hours of City employment;

4. Each employee shall report all outside employment to his or her department head and shall secure the written approval of such department head and the Personnel Officer prior to the commencement of outside employment. If so employed upon first being considered by the City for employment, the employee shall declare such employment if the employee intends to continue such outside employment.

F. LAYOFF PROCEDURE
(See Rules XVII, Section 2, Pages 45-46, Personnel Rules) Whenever, in the judgment of the Personnel Officer and/or the City Council, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted. The City shall notify the Association when a lay-off is being contemplated.

Employees shall have no reasonable expectation of continued employment in the case of lay-offs.

The Personnel Officer and/or City Council reserve the right to eradicate any position, and to lay off employees for lack of work or funds, and for reorganizational purposes. In effecting any layoff or demotion under this section, the procedures set forth here shall be followed:

1. Notification: Employees to be laid off shall be given, whenever possible, at least 14 calendar days prior to notice.

2. Vacancy & Demotion: Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee who isthe latest to be laid off, in accordance with Section 2(e) of this Rule, qualified. All persons so demoted shall have their names placed on the reemployment list.

3. Employee Rights: An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in a lower class in the same series or in a lower classification in which the affected employee once had regular status. For the purpose of this section and Section 2(d) of this Rule, seniority includes all periods of full-time service at or above the classification level where layoff is to occur.
20 4. Seniority: In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in their retreat class and request displacement action in writing within five (5) working days of receipt of notice of layoff.

5. Employees retreating to a lower or similar class shall be placed at the salary rate representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee retreated. Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or a class in the class series.

6. Employment Status: In each class of position, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular.

7. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority. In cases where there are two (2) or more regular employees in the class from which the layoff is to be made, such employee shall be laid off on the basis of the last evaluation rating in the class, provided such rating has been on file at least thirty (30) days and no more than thirteen (13) months prior to layoff.

8. If two (2) or more regular employees, in the class from which the layoff is to be made, with the same last evaluation rating in the class shall be laid off in inverse order of seniority of City service.

9. Reemployment List: The names of persons laid off or demoted in accordance with these Rules shall be entered upon a reemployment list. Lists from same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list

10. Duration of Reemployment: Names of persons laid off shall be carried on a reemployment list for one (1) year, except that persons appointed to positions of the same level as that which was laid off, shall, upon such appointment, be removed from the list. Persons who refuse reemployment shall be dropped from the list.

Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for a least one {1) year.

G. UNIFORMS
The City will maintain its current practice of providing compensation for uniforms for qualifying positions. This practice consists of providing a stipend for uniform maintenance during the first month of each quarter. When paid, this stipend shall be considered a part of compensation for purposes of calculating the retirement benefits for CalPERS only where permitted by law or CalPERS Regulations.
21 H. SHOE/BOOT ALLOWANCE
Employees of the Association may be required to wear a particular shoe or boot to adequately perform his/her duties, as approved by their Department Head. In the event employees are required to wear such footwear, employees will be allotted an allowance of $4300.00 per year, paid in two installments in January and in July of each year. Ordinarily, shoes/boots must minimally comply with applicable OSHA standards, however even OSHA compliant footwear must be approved by the Department Head. In the event boots or shoes are required by a department they are deemed to be a part of the required City uniform. Employees not wearing required footwear may be required to leave work without pay until they return with appropriate footwear and may be subject to disciplinary action for repeated non-compliance.

I. WAIVER
Waiver by any party hereto, including any member of the Association, of any term, condition, or covenant of this MOU shall not constitute the waiver of any other term, condition, or covenant hereof.

J. ATTORNEYS' FEES
If litigation is undertaken to enforce or interpret the provisions of this Agreement, including but not limited to, any motion, writ proceeding, or other proceeding, whether before a court or administrative body, the prevailing party in such litigation shall, at the discretion of the court or adjudicating body, be entitled to an award of reasonable attorneys' fees, in addition to any other relief awarded.

K. GOVERNING LAW
This MOU shall be interpreted and construed according to the laws of the State of California. Both parties recognize the Public Employees Relations Board ("PERB") as the governing authority in the event of litigation between the parties regarding interpretation of this MOU.

Should litigation be pursued by either party beyond the PERB authority, venue in state trial court shall lie exclusively in the County of Madera. In the event of litigation in a U. S. District Court, exclusive venue shall lie in the Eastern District of California in Fresno, California.

L. RETIREMENT BENEFITS
During the term of this MOU, all employees shall be responsible to pay, through payroll deduction, the employee portion of contributions to PERS Retirement.

M. DEFERRED COMPENSATION BENEFITS
The City will match an employee’s contribution to their Deferred Compensation (457(b)) Plan up to 2% of an employee’s salary.

M.N. REOPENING OF NEGOTIATIONS
The parties to this MOU understand and acknowledge that negotiations between the City and other bargaining units are in progress and may still be in progress upon the execution of this MOU.

Formatted: Numbered + Level: 1 + Numbering Style: A,
B, C, … + Start at: 1 + Alignment: Left + Aligned at:

0.33" + Indent at: 0.58"
22 Should any bargaining unit which is still in the process of negotiations as of the execution of this MOU reach agreement with the City for a material pay increase or materially different health benefits which exceed those secured by the Association here, the City agrees to reopen negotiations with Association on only such benefits.
"Material" as used herein shall refer to pay increases of greater than I% or health benefits constituting substantively greater coverage or care than those provided the Association.

ARTICLE VIII - GRIEVANCE PROCEDURE (See Attachment C)

ARTICLE IX - ENTIRE AGREEMENT
Except as is expressly set fo1th herein, this MOU contains the entire understanding between the City and the Association. Any prior agreements, promises, negotiations, or representations not expressly set forth herein are of no force or effect.

During the life of this MOU should either party desire to modify its terms or to meet and confer as to matters within the scope ofrepresentation, such party shall request in writing to meet and confer on the item at issue. This shall not create a right to renegotiate this Agreement.

IN WITNESSETH HEREOF, the pa1ties execute this Agreement on the 13th 9th day of NovemberAugust, 20182022.

FOR THE ASSOCIATION: FOR THE CITY OF CHOWCHILLA:

Beatrice Mayers
CCOEA Vice President
1 · n alrymple
EA Representative
19 av1 . 1v1ere, Jr.
· ·strator
ATTACHMENT “A”
Chowchilla City Office Employees Association Classifications Account Clerk I/II/III
Accounting Analyst
Administrative Analyst
Clerk Technician
Clerk Typist/Office Assistant
Community/Economic Development Specialist
Deputy City Clerk/Secretary II
Human Resource Analyst
Program Analyst
Program Clerk/Engineering Technician Permit
Technician
Program CoordinatorI/II/III
Project Analyst
Secretary I/II/III
Site Supervisor
Systems Technician
Transit Coordinator
Transit Driver II
Transit Driver/Dispatcher
ATTACHMENT “B”
Salary Scale
*Minimum wage starts at $12.00 effective January 1, 2019 and may change the beginning of each year thereafter.

MOU Attachment C
Grievance Procedure
A. Purpose

1. To promote improved employer-employee relations by establishing grievance procedures on all matters whether or not an appeal or hearing is provided by other regulations.

2. To afford employees, individually or through qualified employee organizations, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion.

3. To provide that grievances shall be conducted as informally as possible.

B. Matters Subject to Grievance Procedures
An employee, a group of employees, or the Association shall have the right to a conference under this rule, on any matter involving the interpretation, application, or enforcement of the express terms of the MOU, departmental and/or City rules and regulations.

C. Informal Grievance Procedure
Any employee who has a problem or complaint should first attempt resolution through discussion with his/her immediate superior without undue delay. It is strongly recommended, but not required, that grievances be documented in writing along with any responses at the informal level.

Informal discussions shall be initiated within twenty-one (21) calendar days from the date of the incident. If after discussions with the employee’s immediate supervisor, the employee does not believe the problem has been satisfactorily resolved, the employee shall have the right to discuss the problem with their department head. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee is not in agreement with the decision reached through discussion, the employee shall have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision.

D. Formal Grievance Procedure

1. Department Review: The department head will discuss the grievance with the employees’ representative, if any. The department head shall render a decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no decision is rendered within fifteen (15) calendar days, the employee may present the grievance in writing to the City Administrator. Failure of the employee to take further action within fifteen (15) calendar days after receipt of the written decision of the department head will result in a dismissal of the grievance.

2. City Administrator Review: Within 30 days upon receipt of the appeal of the department head’s decision, the City Administrator, or designee, shall meet with the employee and the employee’s representative, if any. The City Administrator will render a decision within ten days of the meeting. If the employee disagrees with the City Administrator’s decision, the employee has ten days from the date of the decision, or the date such decision was due, to request that the State Mediation and Conciliation Service (SMCS) review the parties positions and issue a non-binding advisory statement on the grievance with a settlement recommendation.1 The non-binding Mediator’s advisory statement will be submitted to the City Administrator for review and consideration. The City Administrator shall have ten (10) days to either accept the Mediator’s settlement recommendation or to issue a separate final and binding decision.

E. Conduct of the Grievance Procedure

1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the City Administrator.

2. The employee may request the assistance of another person of his/her choosing in preparing and presenting an appeal at any level of review.

3. The employee and the representative will be allotted up to three (3) hours of on duty time to prepare for and present an appeal.

4. Employees shall be assured freedom from reprisal for using the grievance procedure. 1 SMCS uses a staff of skilled neutrals to mediate labor disputes between employers and unions free of charge. Mediation is a non-binding process in which a neutral third party helps a union and employer to resolve a grievance.

To initiate mediation, one or both parties should contact SMCS either by phone or in writing. A mediator will be assigned and will contact the parties to schedule dates. This process shall be used as long as there is no charge by SMCS for the mediation services.

As an alternative, the parties may mutually agree to request the services of a particular mediator, and may contact that person directly at SMCS.

The San Francisco Regional PERB Office shall be the appropriate location for filing documents in all matters relating to functions of the Division of Mediation.

F. No Prejudice to Personnel Appeal
Any action taken by employee pursuant to this rule shall in no way jeopardize the right of the employee to an authorized hearing before the Personnel Board, if such hearing and review is otherwise authorized.

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF CHOWCHILLA
AND

THE CHOWCHILLA MID-MANAGEMENT CONFIDENTIAL ASSOCIATION
FOR THE PERIOD:

July 1, 2018
2022
Through
June 30, 20212025
Item 3.6

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TO RETURN TO

THE AGENDA
i

ARTICLE VII - ATTENDANCE AND LEAVES...........................................................................8 A. HOURS OF WORK .................................................................................................8 B. REST PERIODS ......................................................................................................9 ii
C. ANNUAL VACATION LEAVE .............................................................................9 D. SICK LEAVE.........................................................................................................11 E. BEREAVEMENT LEAVE ....................................................................................12 F. MILITARY LEAVE...............................................................................................12 G. LEAVE OF ABSENCE WITHOUT PAY .............................................................13 H. PREGNANCY DISABILITY LEAVE ..................................................................13 I. WITNESS AND JURY DUTY ..............................................................................14 J. HOLIDAYS ...........................................................................................................14 ARTICLE VII I - MISCELLANEOUS ...........................................................................................15 A. HEALTH INSURANCE BENEFITS.....................................................................15 B. ATTENDANCE.....................................................................................................16 C. OUTSIDE EMPLOYMENT....................................................................................16 D. LAYOFF PROCEDURE........................................................................................16 E. UNIFORMS...........................................................................................................18 F. SHOE/BOOT ALLOWANCE ...............................................................................18 G. WAIVER................................................................................................................18 H. ATTORNEYS' FEES..............................................................................................18 I. GOVERNING LAW..............................................................................................19 J. UPDATED CLASS LIST.......................................................................................19 K. RETIREMENT BENEFITS...................................................................................19 ARTICLE IX - GRIEVANCE PROCEDURE ...............................................................................19 ARTICLE X - ENTIRE AGREEMENT........................................................................................19 1 INTRODUCTION
This Memorandum of Understanding ("MOU") contains the entire understanding between the City of Chowchilla (hereafter referred to as "City") and the Chowchilla Mid-Management Confidential Association (hereafter referred to as "Association" or "CMMCA"). If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

ARTICLE I – PREAMBLE
A. GENERAL
This MOU represents the mutual agreement of the City and the Association on terms and conditions of employment covering the period of July 1st, 2018 2022 through June 30th, 20212025.

C. PARTIES
The parties hereto agree as follows:

The City of Chowchilla, herein referred to as "City," is a general law city, duly organized and existing under the laws of the State of California.

The Chowchilla Mid-Management Confidential Association, herein referred to as Association," is a recognized employee organization which represents each employee assigned to those job classifications identified in Attachment A, which attachment is incorporated herein by reference.

91. 2

ARTICLE II - RECOGNITION
A. CHOWCHILLA MID-MANAGEMENT CONFIDENTIAL ASSOCIATION -

RECOGNITION
The City acknowledges the Chowchilla Mid-Management Confidential Association as the sole and exclusive bargaining representative for the purposes of establishing wages, hours, and working conditions of employment for each employee assigned to those job classifications identified in Attachment A.

B. CMMCA/REPRESENTATIVES
The City recognizes that the CMMCA, under the authority of the California Government Code, may exercise the right to affiliate with a labor organization. The City shall meet with designated members of the CMMCA and/or its labor representatives in all manners related to grievances and the interpretation of this MOU. A reasonable number of previously designated CMMCA representatives shall have the right to represent their employees, without loss of compensation, in dealings with the City (all meetings between the association and City officials) that involve matters within the scope of representation, when such meetings occur during the regular working hours of each such individual CMMCA representative.

ARTICLE III - EMPLOYEE RIGHTS
A. DISCRIMINATION
The City shall not interfere with nor discriminate in any way against any employee for exercising their right to become a member of the CMMCA or for exercising their right to participate in any CMMCA lawful activities.

B. MAINTENANCE OF MEMBERSHIP
Any employee in this unit who has authorized Association dues deductions on the effective date of this MOU or at any time subsequent to the effective date of this MOU shall continue to have such dues deductions made by the City during the term of this MOU; provided however, that any employee in the unit may terminate such Union dues during the period of December 1 through December 31th of each year of the MOU by notifying the Association in writing of his/her termination of Union dues deduction. Such notification shall be delivered in person or by U.S. mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, department name and name of Union from which dues deductions are to be canceled. The Association will provide the City's Human Resources Department with the appropriate documentation to process these dues cancellations within ten (10) business days after the close of the withdrawal period.

C. DUES DEDUCTION
The City shall deduct from twenty-four (24) paychecks of unit employees the regular 3 [periodic] Union membership dues as certified by an authorized official of the Union, and transmit such deductions monthly to the Union. Such deduction shall be made only when the Union member's earnings for a pay period are sufficient after other legally required deductions are made.

It is agreed that the City assumes no liability on account of any actions taken pursuant to this section.

ARTICLE IV - MANAGEMENT RIGHTS
A. GENERAL
Notwithstanding any of the items agreed to herein, nothing in this MOU is intended to limit the management rights of the City, including but not limited to:

1. Direct the work of its employees.

2. Hire, promote, demote, transfer, assign, and classify employees within the City

3. Discipline employees for proper cause.

4. Take actions as may be necessary to carry out the mission of the agency in emergencies.

5. Determine the methods, means, and personnel by which operations are to be carried on.

6. Determine its budget, organization, merits, necessity and level of any activity of service provided to the public.

7. The right to implement whatsoever personnel record keeping it desires to fulfill its needs and to fulfill minimum record keeping requirements pursuant to relevantstate and/or federal laws, including but not limited to, the Fair Labor Standards Act.

ARTICLE VI - COMPENSATION
A. PERFORMANCE EVALUATION

1. The job performance of each employee will be formally evaluated by the employee's immediate supervisor or department head in accord with the following schedule:
4 a. Probationary employee: Probationary employees who successfully complete the probationary period will be provided with a written evaluation by the end of the probationary period.
b. Regular employee: Sixty {60) days prior to an employee's anniversary date, their supervisor will provide them with a performance evaluation form. The employee will complete the form, including any written comments, and return it to their supervisor within thirty (30) days. The supervisor will have thirty {30) days from receipt of the evaluation form from the employee to complete the evaluation process. At thirty {30) days, if the evaluation is not fully completed, the department head is to forward a memo to the City Administrator and the supervisor advising of the incomplete status and confirming a date within thirty (30) days in which the evaluation will be completed. The evaluation process includes the preparation of the evaluation, the approval by Administrative Services, review of the employee, and the actual processing of the Personnel Action Form ("PAF”) and authorization and record of any all- personnel changes). In the event an employee failsto complete the self-evaluation form within the required time limit, the employee's supervisor will proceed with the evaluation process as herein outlined.

2. Any employees newly hired during the pendency of this MOU and represented by the Association shall receive the salary designated as Step A in the attached current salary schedule (Attachment B), unless the Personnel Officer deems their qualifications warrant a higher initial placement.

3. Step Increases:

The steps shall be designated as follows: "A Step", "A+ Step", "B Step", "B+ Step", "C Step", "C+ Step", "D Step", "D+ Step", "E Step", "E+ Step", and "F Step". There shall be no half step established that exceeds the top step as it exists prior to this change ("F Step" in this bargaining unit.) Effective July 1st, 2020 employees will be eligible on their anniversary date for a 5% step increase. If an employee is at a “half-step” on their anniversary date after July 1st, 2020, they will receive the full 5% step increase. No employee will be given more than a 5% step increase. The “half-step” wage scale will remain until no employee occupies a “half-step”. No employee can exceed the top step at any time. The wage schedule will reflect a 5% differential between the full steps for all job classifications.

Beginning July 1, 2022, through June 30, 2025, the step ranges for all bargaining unit classifications shall be paid as per the "full-step." 5% step increases shall be implemented annually and upon receipt of a satisfactory performance evaluation.

An employee must have a satisfactory performance evaluation in order to eligible for a step increase.

B. COST-OF-LIVING ADJUSTMENT/SALARY RANGE ADJUSTMENT
The City shall provide increases to the base salary of all employees in the bargaining unit Formatted: Indent: Left: 1"
5 during the term of this MOU on the following schedule and in the following amounts:
6 July 1st, 20182022 25% increase to base salaries
July 1st, 20192023 23% increase to the base
salaries
July 1st, 20202024 12% increase to the base
salaries
C. ONE-TIME PREMIUM PAY
Paid Semi-Annually (December 31 & June 30) and only in year 1. The non-PERS-able premium pay will be determined by years of service and based on your anniversary date as of July 1, 2022. • 0-5 Years- $2000
• 6-9 Years- $2500
• 10+ Years- $3000
C.D. CERTIFICATE AND EDUCATION PAY
In order to encourage eligible employees to become better equipped to perform their duties and to provide employees with an opportunity for advancement with the City, employees shall be compensated as they complete various segments of higher education or certification as described below.

Education, Special Licenses, Certificates:

1. Possession of an Associate Degree or Bachelor's Degree in a subject matter field that is directly related to the employees' job classification.

2. Possession of a Master's Degree in a subject matter field that is directly related to the employees' job classification.

3. Possession of a Doctorate Degree in a subject matter field that is directly related to the employees' job classification.

4. Possession of a certificate in a subject matter field that is directly related to their employment classification.

5. Possession of a special license directly related to the functions of their employment classification.

Incentives for education, special licenses or certificates indicated above may be combined, but shall not, in any event, exceed a maximum of 9% of the base salary.

To receive pay under this provision, the employee must first present, to their Department Head, a description of the degree, license or certificate held, or course to be taken for approval.

The Department Head shall recommend approval to the City Administrator if the conditions required in this Article are satisfied.

After completion of the approved course(s), the employee must present a copy of the Formatted: Condensed by 0.1 pt
Formatted: Font: 12 pt
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A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:

0.33" + Indent at: 1.08"
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7 certification or license that indicates the employee has successfully completed the course (s).

Employees receiving certification or license incentive pay must maintain the certification or license in order to continue receiving the incentive pay.

Accreditation
All education credentials must be obtained from a school which is fully accredited through a validated regional accrediting agency, as designated by the U.S. Department of Education or the 8 Council for Higher Education Accreditation (CHEA), special licenses or certificates must be issued by an acceptable issuer or provider as approved by the City Administrator.

D.E. LONGEVITY PAY
Non-exempt regular full-time or part-time employees shall receive longevity pay of 2.5% of their base wage after the first five years of employment, and 2.5% for each five years thereafter.

E.F. APPLICABLE PAY FOR WORK IN A HIGHE R CLASSIFICATION

1. Employees may be assigned the functions of a vacant higher classification. In the event an employee is so assigned and is performing work that is exclusive to the higher classification, where more than 50% of their time worked is taken up by those higher functionsfor a period of at least thirty {30) days, the affected employee shall become eligible to receive out-of-class pay. Out-of-class assignments shall not exceed six months or 960 hours whichever comes first subject to all CalPERS rules and requirements. An employee working longer than six months out-of-class shall be reclassified into that job class.

F.G. BILINGUAL PAY/CERTIFICATION PAY

1. In accordance with administrative policies and procedures, those employees in the Unit who are required to speak or write in Spanish, as part of the regular duties of his/her position, shall be compensated at the following rates in addition to their designated rate of pay:
a. Employees who pass the required testing procedure or qualified certification adopted by the City for qualifying for bilingual pay for Spanish Translation Skills shall receive 2.5% certification pay. The test consists of two parts - one written section and one verbal section. An employee may qualify for this Bilingual Pay incentive by achieving a passing score on either the written or verbal portion of the test.
b. The City Administrator, through authorization of the City Council, shall designate which languages shall be eligible for bilingual pay based on community needs, currently only Spanish is authorized. The number of qualifying individuals in this bargaining unit shall not exceed eight (8).

There may be more than one language and interpreters necessary to satisfy the needs of the community. The City Administrator shall have the discretion to obtain further Council authorization to add to the list of languages approved for translator services, and to increase the total number 9 of designated translators and number of employees designated to receive bilingual assignments.
c. Employees are required to re-certify and demonstrate proficiency every five (5) years.

G.H. OVERTIME COMPENSATION
(See Rule V, Section 4, Page 19, Personnel Rules)
It shall be the duty of all department heads to operate their departments with a minimum of overtime. However, in cases of emergency or when otherwise necessary, an employee of the City may be required to work overtime. Overtime work is that work performed by an employee during periods of time other than normally scheduled for his or her specific employment. Pursuant to the provisions of Personnel Rule V, Section 4, as incorporated herein by reference, work in excess of 40 hours per week, except as otherwise specified in this MOU, shall be considered overtime. All employees entitled to overtime shall be entitled to receive either regular hourly or hourly equivalent pay or equivalent time off, at a rate of one and one-half times pay or one and one-half times off for each hour of overtime worked. Overtime shall be distributed as equally as is practical within a given classification from among those employees who are qualified and available.

H.I. CALL-BACK COMPENSATION
(See Rule V, Section 5, Page 20, Personnel Rules)
Any non-classified employee represented by the association who is required to return to work unscheduled after his or her normal shift has ended will be compensated for overtime pursuant to the provisions of this MOU, and shall receive not less than two hours compensation at such rate, regardless of the amount of time actually worked. Call-back compensation shall begin when the employee is informed that he/she is to report to duty and end when the employee returns home immediately following the assignment, not to exceed 30 minutes travel time in each direction. If the employee's overtime work prevents him or her from commencing work at his or her starting time, the employee shall use accrued time other than sick leave, or not be compensated for the hours not worked in the regular shift.

I.J. STANDBY COMPENSATION
10 (See Rule V, Section 6, Page 20, Personnel Rules)

1. Standby procedures: Subject to the approval of the department head; those employees desiring to be on call-back for urgent or emergency situations occurring after hours shall submit their names for inclusion on a call-back list. The names will initially be placed on the list by lot. Said list will rotate each time the first employee on the list works overtime and said employee will then move to the bottom of the list. Calls for call-back or overtime will first be offered to the employee whose name appears at the top of the list. Any employee who, after reaching the top of the list, is unavailable or declines four times shall be removed from the list for a period of six (6) months. The person on the standby schedule will be required to carry a City cell phone or pager and respond after hours when needed, and when responding shall be properly dressed for work (meaning with proper safety equipment and, as a minimum, a City shirt to identify them as a City employee). The employee responding to a call-back request must be ready to perform needed duties within thirty (30) minutes of being called. "Readiness" for call-back requires that the employee has not partaken of alcoholic beverages or any other substance that would or could impair their judgment.

2. Standby Compensation: Employees who are on standby shall receive 9 hours of base pay for each full week that they are on standby, pursuant to the schedule in subsection 3, below.

3. Standby Schedule: The standby period shall be from Monday 8:00 a.m. through the following Monday at 8:00 a.m. In the event that a holiday falls during a standby week, the employee on standby shall receive an additional eight (8) hours of pay for each holiday. For 9/80 employees, holiday pay will be 9 hours for each holiday in which the employee is subject to standby as described herein.

4. The parties hereby agree that an employee covered by this agreement that is on standby and is called out to perform work for the City shall receive a minimum of two (2) hours pay. If the call- out incident takes longer than two (2) hours, the longer time period shall be used in calculating compensation for the employee.

Management reserves the right to have employees perform other tasks as assigned during the period of time for which they are being paid for the call-out but are no longer required for the initial standby request. Plant checks, as described below, when performed by the member who is on standby shall not qualify for the call-out pay described in this section.

5. Regardless of this provision, the City may direct any employee to respond to an emergency.

ARTICLE VII - ATTENDANCE AND LEAVES
A. HOURS OF WORK
11 The City desires to implement a work schedule based on the 9/80 work day format. This means generally that employees will work four (4) 9-hour days in one week and one (1) 8-hour day on Friday of that same week. The following week will be comprised of four (4) 9-hour days with Friday off. Exceptions to this work schedule may be granted by the employee's supervisor, when in the supervisor's opinion, the exception is warranted to allow the employee to provide adequate care for dependents or work conditions require that another schedule should be followed.

An employee may appeal to the City Administrator any denial of a request to work an alternate schedule. Nothing in this section provides for or implies any additional compensation or benefit for work on another- than-normal work week, work day, or work schedule, except as expressly provided in this MOU. The provisions of Personnel Rule XII, Section 1, shall each be applicable here and are incorporated by reference.

The location at which such rest period shall be taken may be determined by the appropriate department head or department head designee.

C. ANNUAL VACATION LEAVE
(See Rule XII, Section 3, Page 30, Personnel Rules)

1. Vacations will be scheduled not less than 60 days in advance with the prime consideration being whether the necessary functions of the department can be adequately maintained in the absence of the requesting employee. Whenever two (2) or more employees choose the same vacation period, the matter will be settled on the basis of seniority. Vacations of more than five (5) working days will not be split unless previously agreed to in writing by the employee. Emergency vacation leave of less than five (5) working days may be granted if the employee gives reasonable prior notice.

3. Any employee who has accumulated vacation time in excess of the amount allowed for two (2) years' continuous service shall forfeit such excess accumulated vacation leave unless the affected employee has made arrangements acceptable to his or her supervisor or to the appropriate department head for use of such excess accumulated vacation leave in accordance with this rule or unless otherwise specifically approved by the Personnel Officer. Vacation leave shall be earned in 12 accordance with the following schedule and shall be credited in arrears.

Eligible employees shall earn vacation credits at the following rate:

VACATION ACCRUAL SCHEDULE PER

PAY PERIOD YEARS OF SERVICE
0-3 years 3.70 per pay period
4-8 years 4.62 per pay period
9-15 years 5.54 per pay period
16-19 years 6.46 per pay period
20 and up is based on length of service
NOTE: Where vacation accrual rates are listed above, the rate commences at the beginning of the listed year. {For example - employees accruing at the 4-8 year rate would begin at that new rate at the beginning of their fourth {41h) year of employment).

4. Employees may take vacation leave in the amount of days accumulated at the time of such leave. Provided that for good cause shown and upon prior approval of the Personnel Officer, an employee may advance vacation in an amount not to exceed five (5) additional days. Further, on prior approval of the Personnel Officer, an employee may elect to receive a lump sum cash payment in lieu of vacation leave.

The Personnel Officer may, in his or her sole unfettered discretion, deny any request for a lump sum cash payment in lieu of vacation leave. Any request for a lump sum cash payment in lieu of vacation leave shall be submitted in writing, to the employee's direct supervisor or department head for review and submission to the City Administrator who shall notify the department head or appropriate supervisor of his or her determination. In determining whether to grant or deny a request for a lump sum cash payment in lieu of vacation leave, the City Administrator may 13 consider, among other things, the frequency of such requests, the maximum amount of vacation leave accrued by the employee, the amount of accrued vacation leave that will be retained by the employee in the event the request for a lump sum cash payment in lieu of vacation leave is granted, the amount of vacation leave actually taken by the employee prior to the time the request is made and any other factors considered relevant by the City Administrator. If the employee's request for a lump sum cash payment in lieu of vacation leave is approved by the City Administrator, payment is to be made to the employee within four weeks. Such payment will be made from regular payroll and will be taxed in accordance with Internal Revenue Service guidelines regarding supplemental wage payments. For purposes of computing annual vacation leave, a working day shall be considered as one-fifth of the number of working or duty hours in the established work week. For purposes of computing annual vacation leave, a working day shall include all days used as vacation leave. Employees shall be allowed to cash out up to 20 hours of vacation time in December of each year so long as the employee has at least 80 hours of accrued vacation credit.

5. In the event one or more municipal holidays falls within an annual vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended accordingly, if taken.

D. SICK LEAVE
(See Rule XII, Section 4, Page 32, Personnel Rules)

2. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor or the Personnel Officer prior to, or within four (4) hours after the time set for beginning his or her daily duties, or as may be specified by the department head. In those situations which have rendered the employee incapable of reporting absence as specified above, the employee shall report at the earliest possible time. When absence isfor more than three (3) working days, the employee shall be required to file a physician's certificate of personal affidavit with the department head stating the cause of his or her absence, without revealing confidential medical information.

3. For purposes of computing sick leave, a work day shall be considered one-fifth of the number of working days or duty hours in the established work week for each employee. The amount of sick leave utilized by the employee shall be based on the actual number of hours off work, even if less than a full work day. 14 4. Sick leave shall be earned at the rate of 3.7 hours per pay period and is also earned while on sick leave. No payment shall be made for accumulated sick leave at the time of termination of employment.

The Personnel Officer may grant a leave of absence without pay for the duration of the illness.

7. Time used for sick leave is included in determining the length of an employee's continuous service with the City and his or her entitlement, if any, to any employee benefit dependent upon the employee's length of continuous service.

E. BEREAVEMENT LEAVE
(See Rule XII, Section 5, Page 33, Personnel Rules)
Bereavement leave with pay shall be granted to all regular and probationary employees upon the death of a family member. Family members are defined to include husband, wife, domestic partner, father, mother, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, stepfather, stepmother, aunt, uncle, children, stepchildren, grandmother, grandfather, grandchildren, or any relative living in the same permanent residence as the employee. Such leave of absence is not to exceed three (3) days, or five 5) days if out-of-state travel isrequired. However, an employee may use up to three (3) days of accrued sick leave in accordance with this section in addition to or in lieu of bereavement leave. The time used for bereavement leave is included in determining the length of an employee's continuous service with the City and his or her entitlement, if any, to an employee benefit dependent upon the employee's length of continuous service.

F. MILITARY LEAVE
(See Rule XII, Section 6, Page 34, Personnel Rules)
Military leave shall be granted in accordance with the provisions of federal and California 15 state law. Employees entitled to military leave shall give the department head an opportunity within the limits of military regulations to determine when such leave shall be taken. Employees who serve in U. S. military organizations or National Guard groups may take the necessary time off with pay to fulfill this obligation. Reinstatements of individuals returning from military leave shall be done in accordance with the applicable Military and Veterans Codes of the United States and the State of California.

Employees are eligible for reemployment after completing military service, provided the employee provides copies of the military orders to the department head upon receipt; military service is entered directly from employment with the City and active duty service is satisfactorily completed; and reemployment is applied for and takes place within ninety {90) days after discharge from active duty. An employee returning from up to six (6) months active duty for training must apply within thirty (30) days after discharge.

No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee to report promptly at the expiration of his or her leave, or within a reasonable time after notice to return to duty, shall be cause for discharge.

Department Heads may grant an employee leave of absence without pay for not to exceed one (1) calendar week. Such leaves shall be reported to the Personnel Officer.

An employee is entitled to up to four (4) months unpaid leave for the period the employee is actually disabled by pregnancy. Pregnancy disability is defined as a certified medical condition caused by pregnancy, childbirth or other medical condition related to pregnancy. An employee's need for Pregnancy Disability Leave does not simply arise because an employee is pregnant, but rather, when her pregnancy or a related condition imposes a physical disability. The City may require an employee be granted leave under this provision to exhaust accrued sick leave. The 16 employee may request to use accrued vacation leave and/or compensatory time off in order to receive compensation during the unpaid portion of her Pregnancy Disability Leave. The employee should give the employer at least thirty {30) days advance notice where it is foreseeable the employee will need to take Pregnancy Disability Leave. If such notice is not possible, such as during an emergency or unforeseen complication, the employee is required to give notice as soon as practicable. Employees returning to work after Pregnancy Disability Leave may be required to have a written release from a physician verifying that they are able to return to work. Pregnancy Disability Leave may be used intermittently. Employees who have exhausted or are no longer qualified to receive Pregnancy Disability Leave, may request an additional twelve {12) work weeks of leave in accordance with Family Medical Leave.

Employees should note that per Section 215 (b) of the California Code of Civil Procedure, any employee of a federal, state, local government entity, or by any other public entity as defined by Section 481. 200 and who received regular compensation and benefits while performing jury duty shall not receive compensation from California courts.

J. HOLIDAYS
(See Rule XII, Section 14, Page 38, Personnel Rules)
The holidays to be observed in this City are as follows:

HOLIDAY DATE
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans' Day November 11
Thanksgiving Day and the
Friday following Thanksgiving
Christmas Eve December 24
17 Christmas Da y December 25
Personal Holidays (2) As elected, per MOU
In addition, every day proclaimed by the President of the United States, Governor of California, or Mayor of this City as a public holiday, when approved by the City Council, shall be a" holiday" observed by the City. Each employee in the competitive service shall be entitled to receive two personal holidays, with pay, each fiscal year to be scheduled according to the employee's preference, subject to the approval of his or her supervisor or the appropriate department head. Personal holidays not used in any fiscal year are forfeited and may not be accrued.

A holiday is calculated as a minimum 8-hour day.

ARTICLE VII I - MISCELLANEOUS
A. HEALTH INSURANCE BENEFITS
Any employee who by written notice to the City declines the health care benefits provided by the City and provides written proof of the election to receive health care benefits from an alternate source (spouse's employer, military, etc.), shall receive a monthly "in lieu" payment of 18 $225.00. The "in-lieu" amounts available to employees cannot exceed the lowest cost premium amount for medical, dental, and vision respectively. The Insurance Committee referred to in this section shall meet to determine if any adjustments are required to comply with this requirement.

The City and the Association agree to utilize an Insurance Committee for review of benefit plans and formulation of recommendations regarding response to changes in those programs.

Insurance Committee shall include one member designated by the Association to represent the interests of its members. The Committee process will fulfill all meet-and-confer obligations herein.

B. ATTENDANCE
(See Rule XII, Section 13, Page 38, Personnel Rules)
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported to the Personnel Officer in the form and on the dates he or she shall specify.

Failure on the part of an employee who is absent without leave to return to duty within 24 hours after notice to return shall be cause for immediate discharge, and such employee automatically waives all rights under the Personnel Rules. The depositing in the United States mail of a FirstClass letter, postage paid, addressed to the employee's last known address shall be reasonable notice.

C. OUTSIDE EMPLOYMENT
(See Rule XII, Section 15, Pages 39-40, Personnel Rules) Employees may engage in outside employment, in addition to their City employment, only under the following conditions:

1. There shall be no conflict of interest or incompatibility with the employee's City employment;

2. The time involved in outside employment shall not adversely affect the employee's attitude or efficiency in his or her City employment;

3. No telephone calls or personal contact concerning the outside employment shall be made during the hours of City employment;

D. LAYOFF PROCEDURE
(See Rules XVII, Section 2, Pages 45-46, Personnel Rules) Formatted: Indent: First line: 0.5"
19 Whenever, in the judgment of the Personnel Officer and/or the City Council, it becomes 20 necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted. The City shall notify the Association when a lay-off is being contemplated.

Employees shall have no reasonable expectation of continued employment in the case of lay-offs. The Personnel Officer and/or City Council reserve the right to eradicate any position, and to lay off employees for lack of work or funds, and for reorganizational purposes. In effecting any layoff or demotion under this section, the procedures set forth here shall be followed:

1. Notification: Employees to be laid off shall be given, whenever possible, at least 14 calendar days prior to notice.

2. Vacancy & Demotion: Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off, in accordance with Section 2(e) of this Rule, qualified. All persons so demoted shall have their names placed on the reemployment list

4. Seniority: In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in their retreat class and request displacement action in writing within five (5) working days of receipt of notice of layoff.

Employees retreating to a lower or similar class shall be placed at the salary rate representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee retreated. Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or a class in the class series.

5. Employment Status: In each class of position, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular.

Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority. In cases where there are two (2) or more regular employees in the class from which the layoff is to be made, such employee shall be laid off on the basis of the last evaluation rating in the class, provided such rating has been on file at least thirty (30) days and no 21 more than thirteen (13) months prior to layoff.

If two (2) or more regular employees, in the class from which the layoff is to be made, with the same last evaluation rating in the class shall be laid off in inverse order of seniority of City service.

6. Reemployment List: The names of persons laid off or demoted in accordance with these Rules shall be entered upon a reemployment list. Lists from same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list

7. Duration of Reemployment: Names of persons laid off shall be carried on a reemployment list for one (1) year, except that persons appointed to positions of the same level as that which waslaid off, shall, upon such appointment, be removed from the list. Persons who refuse reemployment shall be dropped from the list.

Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for a least one (1) year.

E. UNIFORMS
The City will maintain its current practice of providing compensation for uniforms for qualifying positions. This practice consists of providing a stipend for uniform maintenance during the first month of each quarter. When paid, this stipend shall be considered a part of compensation for purposes of calculating the retirement benefits for CalPERS only where permitted by law or CalPERS Regulations.

F. SHOE/BOOT ALLOWANCE
Employees of the Association may be required to wear a particular shoe or boot to adequately perform his/her duties, as approved by their Department Head. In the event employees are required to wear such footwear, employees will be allotted an allowance of $300400.00 per year, paid in two installments in January and in July of each year. Ordinarily, shoes/boots must minimally comply with applicable OSHA standards; however even OSHA compliant footwear must be approved by the Department Head. In the event boots or shoes are required by a department they are deemed to be a part of the required City uniform. Employees not wearing required footwear may be required to leave work without pay until they return with appropriate footwear and may be subject to disciplinary action for repeated non-compliance.

G. WAIVER
Waiver by any party hereto, including any member of the Association, of any term, condition, or covenant of this MOU shall not constitute the waiver of any other term, condition, or covenant hereof.

H. ATTORNEYS' FEES
22 If litigation is undertaken to enforce or interpret the provisions of this Agreement, including but not limited to, any motion, writ proceeding, or other proceeding, whether before a court or administrative body, the prevailing party in such litigation shall, at the discretion of the court or adjudicating body, be entitled to an award of reasonable attorneys' fees, in addition to any other relief awarded.

I. GOVERNING LAW
This MOU shall be interpreted and construed according to the laws of the State of California. Both parties recognize the Public Employees Relations Board ("PERB") as the governing authority in the event of litigation between the parties regarding interpretation of this MOU.

J. UPDATED CLASS LIST
The City and the Association agree to meet and confer on an updated Class List with updated Titles due to consolidation of classes and further agree to research and develop updated job descriptions for those classes that identify the position's work load and pay scale.

K. RETIREMENT BENEFITS
During the term of this MOU, all employees shall be responsible to pay, through payroll deduction, the employee portion of contributions to PERS Retirement.

L. DEFERRED COMPENSATION BENEFITS
The City will match an employee’s contribution to their Deferred Compensation (457(b)) Plan up to 2% of an employee’s salary.

ARTICLE IX - GRIEVANCE PROCEDURE (See Attachment C)

ARTICLE X - ENTIRE AGREEMENT
Except asis expressly set forth herein, this MOU containsthe entire understanding between the City and the Association. Any prior agreements, promises, negotiations, or representations not expressly set forth herein are of no force or effect.

During the life of this MOU should either party desire to modify its terms or to meet and confer as to matters within the scope of representation, such party shall request in writing to meet and confer.

Formatted: Numbered + Level: 1 + Numbering Style:

A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:

0.33" + Indent at: 0.58"
20 IN WITNESS HEREOF, the Parties execute this agreement on the j_ f _ f'JoV 201<1. of"'"'
FOR THE ASSOCIATION: FOR THE CITY OF CHOWCHILLA:
id A.
inistrator
ATTACHMENT “A”
Mid Management/Confidential Classifications
Accounting/Payroll Analyst
Accounting Manager
Administrative Secretary – Confidential
Administrative Supervisor
Building InspectorII
Building Official
Chief Mechanic
Community Development Manager
Community Relations Manager
Community Services/Transit Supervisor
Deputy Director of Administrative Services
Deputy Director of Community Development
Deputy Director of Public Works
Engineer I/II/III
Executive Assistant to the City Administrator
Human Resources Analyst
IT Manager
IT Supervisor
Parks &Facilities Supervisor
Program Supervisor
Project Manager
Project Permit Supervisor
Public Services Superintendent
Public Works Supervisor
Senior Administrative Supervisor
Senior Building Inspector/Code Enforcement Officer
Senior Planner
Streets & Construction Worker Supervisor
Transit Supervisor
Utility Systems Supervisor
ATTACHMENT “B”
Salary Scale
*Minimum wage starts at $12.00 effective January 1, 2019 and may change the beginning of each year thereafter.

MOU Exhibit C
Grievance Procedure
A. Purpose

1. To promote improved employer-employee relations by establishing grievance procedures on all matters whether or not an appeal or hearing is provided by other regulations.

3. To provide that grievances shall be conducted as informally as possible.

D. Formal Grievance Procedure

E. Conduct of the Grievance Procedure

1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the City Administrator.

2. The employee may request the assistance of another person of his/her choosing in preparing and presenting an appeal at any level of review.

3. The employee and the representative will be allotted up to three (3) hours of on duty time to prepare for and present an appeal.

As an alternative, the parties may mutually agree to request the services of a particular mediator, and may contact that person directly at SMCS.

The San Francisco Regional PERB Office shall be the appropriate location for filing documents in all matters relating to functions of the Division of Mediation.

REPORT TO THE CITY COUNCIL
Item 4.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: August 23, 2022
AGENDA SECTION: Public Hearing
SUBJECT: Public Hearing - Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services)
PREPARED BY: Mark Hamilton Director of Community & Economic Development ATTACHMENTS: Order of Proceedings; CFD Report; Resolution Establishing the Formation of a Community Facilities District; Resolution Calling a Special Election for a Community Facilities District; Resolution Declaring Results of a Special Election and Directing the Recording of a Special Tax Lien; Ordinance Authorizing the Levy of Special Taxes in a Community Facilities District.

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

That the City Council hold a duly noticed Public Hearing on the formation of Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) and if there is no majority protest, approve:
• A Resolution of the City Council of the City of Chowchilla, State of California, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein; • A Resolution of the City Council of the City of Chowchilla, State of California, Calling a Special Election for a Community Facilities District;
• A Resolution of the City Council of the City of Chowchilla, State of California, Declaring Results of a Special Election and Directing the Recording of a Special Tax Lien. • That the City Council introduce an Ordinance of the City Council of the City of Chowchilla, State of California, Authorizing the Levy of Special Taxes in a Community Facilities District.

BACKGROUND:

The City of Chowchilla formed Community Facilities District No. 2006-1 (“CFD 2006-1”) in October 2006 to provide funding for, among other things, additional police services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance needed as a result of new development within the City. Three distinct development projects are included in the CFD 2006-1 boundary.

As the cost of providing service has increased over time, the City contracted with NBS to prepare a Fiscal Impact Analysis to determine if the special taxes within CFD 2006-1 are commensurate with the cost of providing services to new development. That Fiscal Impact Analysis estimates the amount of revenue the City receives for ongoing services as a result of new development and compares that to the cost of providing public safety services. The result indicates that the rates established with CFD 2006-1 (as escalated pursuant to the methodology) are not sufficient to offset the negative fiscal impact for specific development types.

To implement the rates calculated by the Fiscal Impact Analysis, the formation of Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) (“CFD 2022-1”) is presented for consideration.

CFD 2022-1 is contemplated to be used going forward as the funding mechanism for public safety and maintenance services for new development in the City. CFD 2006-1 would remain in place and those parcels that are within the boundaries of CFD 2006-1 would remain subject to CFD 2006-1 special taxes.

REASON FOR RECOMMENDATION:

The formation of CFD 2022-1 will allow the City the levy special taxes on parcels within or that annex into in the future to fund public safety and maintenance services, as specified in Exhibit B to the Resolution of Intention adopted by the City Council on June 28, 2022.

FISCAL IMPACT:

The owner of the property proposed for inclusion in CFD 2022-1 has been invoiced by the City for the costs to form the proposed CFD 2022-1, including the cost of the special tax consultant. If CFD 2022-1 is formed, the City will annually levy a special tax on the parcels in the CFD to fund the specified public safety and maintenance services, with initial rates as specified in the Rate and Method of Apportionment of Special Tax for the CFD (Exhibit C to the Resolution of Intention), increasing by a maximum of 3% per year. As parcels annex to CFD 2022-1 in the future, their maximum annual special tax rates will be determined at the time they annex to the CFD. Included in the special tax rates are amounts to help offset increased staff time to administer this CFD, along with costs associated with other administration costs anticipated to be incurred by the CFD.

ALTERNATIVES:

If the requested action is not approved, the property could annex into CFD 2006-1; however, the services special taxes levied on the property within CFD 2006-1 would not be sufficient to cover the negative fiscal impacts of this new residential development.

ACTIONS FOLLOWING APPROVAL:

Following the public hearing on the matter, and assuming the owner of the parcels to be initially included in the CFD votes in favor of the formation of the CFD, the City may officially levy special taxes on the property tax roll within the CFD to pay for the authorized services.

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)

ORDER OF PROCEEDINGS FOR PUBLIC HEARING AND SUBSEQUENT ACTIONS

1. Conduct the CFD Public Hearing

2. Following the CFD Public Hearing and there was not a majority protest (more than 50% of the landowners within the CFD objecting the special tax)
City Council considers and adopts:
• A Resolution of the City Council of the City of Chowchilla, State of California, Establishing the Formation of a Community Facilities District; and
• A Resolution of the City Council of the City of Chowchilla, State of California, Calling a Special Election for a Community Facilities District.

3. City Clerk will then announce the results of the special tax election and completes the Canvass (attached to the Resolution Declaring Results of the Election).

4. City Council then considers and adopts:
• A Resolution of the City Council of the City of Chowchilla, State of California, Declaring Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien Then has the first reading of the Ordinance
• An Ordinance of the City Council of the City of Chowchilla, State of California, Authorizing the Levy of Special Taxes in a Community Facilities District

END OF CITY COUNCIL AGENDA ITEM

5. Within 15 days of the special tax election the City Clerk records the Notice of Special Tax Lien with Madera County.
nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Community Facilities District Report For:

Community Facilities District No. 2022-1
(Public Safety, Maintenance & Services)
August 23, 2022

TABLE OF CONTENTS

1. Introduction ................................................................................................................... 1

2. Description of Services .................................................................................................... 2

2.1 Services ...................................................................................................................... 2

3. Cost Estimate.................................................................................................................. 3

3.1 Initial Maximum Amount Proposed to be Expended ................................................ 3

3.2 Anticipated Maximum Special Tax Revenue ............................................................. 3

4. Proposed Boundaries of the CFD ..................................................................................... 4

5. Rate and Method of Apportionment ............................................................................... 5 City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) 1

1. INTRODUCTION
The City Council (the “City Council”) of the City of Chowchilla (the “City”), State of California pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), on June 28, 2022, adopted a resolution entitled “A Resolution of the City Council of City of Chowchilla Declaring its Intention to Establish a Community Facilities District and to Authorized the Levy of Special Taxes” (the “Resolution of Intention”) stating its intention to form Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) (the “CFD”). In the Resolution of Intention, the City Council ordered the Director of Community and Economic Development (the “Director”) of the City to prepare a written Community Facilities District Report (the “Report”) for the CFD.

The Resolution of Intention described certain services (the “Services”) to be financed by the CFD and directed that the Report be prepared.

For particulars, reference is made to the Resolution of Intention for the CFD, as previously approved and adopted by the City.

NOW, THEREFORE, I, the Director, hereby submit the following data:

1. DESCRIPTION OF SERVICES AND COST ESTIMATE: A general description of the authorized Services, including the cost estimate for such Services, and a listing of the incidental expenses related thereto, is shown in Section 2 and hereby made a part hereof.

2. PROPOSED BOUNDARIES OF THE CFD: The proposed boundaries of the CFD are those properties and parcels in which special taxes may be levied to pay for the costs and expenses of the Services.

The proposed boundaries of the CFD are described on the map of the CFD which is set forth in Section 3 and hereby made a part hereof.

3. RATE AND METHOD OF APPORTIONMENT: The Rate and Method of Apportionment for the CFD is set forth in Section 4 and hereby made a part hereof.

Dated as of ________________
By:

Director of Community and Economic Development
City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) 2

2. DESCRIPTION OF SERVICES

2.1 Services
MAINTENANCE AND SERVICES:

The maintenance and services eligible to be funded, in whole or in part, by the CFD include all direct and incidental costs related to providing for police protection services, fire protection and suppression services, and the maintenance and lighting of parks, parkways, streets, roads and open space. More specifically, the services shall include, but not be limited to, the removal, repair, relocation, replacement or acquisition of light standards, poles, bulbs, fixtures and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and servicing of the street lighting and traffic signal improvements and highway safety lights, ongoing maintenance and servicing of trees and landscaping including, but not limited to, trees, shrubs, grass and other ornamental vegetation, drainage basins, drywells and appurtenant devices, including irrigation systems, watering, and other associated landscape maintenance, irrigation and vegetation control, repair and sealing, tree trimming and vegetation maintenance and control; the installation, maintenance and replacement of irrigation lines and water lines, lighting, fencing, security improvements and signage; trash removal and recycling and graffiti abatement and removal; and any other public services authorized to be funded under Section 53313(a), (b), (d) and (e) of the California Government Code. The CFD may fund any of the following related to the services described above: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities, paying the salaries and benefits of personnel (including but not limited to maintenance workers, patrol guards and other personnel), and for payment of other related expenses (including but not limited to employee benefit expenses and an allocation of general overhead expenses), payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services and capital replacements.

Any services to be funded by the CFD must be in addition to those provided in the territory of the CFD before the CFD was created and may not supplant services already available within that territory when the CFD is created. It is expected that the services will be provided by the City either with its own employees or by contract with third parties, or any combination thereof.

ADMINISTRATIVE EXPENSES:

The administrative expenses to be funded by the CFD include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the City related to the CFD or the collection of special taxes, an allocable share of the salaries of any City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the CFD or the services authorized to be financed by the CFD, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the CFD.

OTHER:

The incidental expenses that may be funded by the CFD include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment of the CFD and any property annexed to the CFD.

City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) 3

3. COST ESTIMATE

3.1 Initial Maximum Amount Proposed to be Expended
The annual budget presented below represents the initial maximum costs for providing the Services.

Description
2022/23
Maximum
Amount
Services $23,688.00
Total CFD Costs $23,688.00

3.2 Anticipated Maximum Special Tax Revenue
The initial maximum special tax rates are set forth in the Rate and Method of Apportionment for the CFD.

Based upon anticipated development, the anticipated initial maximum special tax revenue is as follows:

Property Type
2022/23 Maximum
Special Tax Rate
Total Anticipated
Maximum Special
Tax Revenue
Residential Property $846.00 per Unit $23,688.00
Accessory Dwelling Unit 338.40 per Unit 0.00
Industrial Property 0.20 per Building Square Foot 0.00
Undeveloped Property 0.00 per Acre 0.00
Total $23,688.00
City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) 4

4. PROPOSED BOUNDARIES OF THE CFD
The Boundary Map of the CFD is shown on the following page.

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City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) 5

5. RATE AND METHOD OF APPORTIONMENT
The Rate and Method of Apportionment for the CFD is shown on the following pages.

City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Page 1

RATE AND METHOD OF APPORTIONMENT

FOR CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)
A Special Tax, as hereinafter defined, shall be levied and collected in City of Chowchilla Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) (“CFD No. 2022-1”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below.

All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2 (i) (1), as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the singleunit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or Assessor’s Data shows no Acreage, the Acreage for any Assessor’s Parcel shall be determined by the CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor’s Parcel may be determined utilizing GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-1 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any foreclosure action arising from any delinquent Special Tax in CFD No. 2022-1. Administrative Expenses shall also include any other amounts incurred by the City of CFD No. 2022-1 in connection with the administration of CFD No. 2022-1, and amounts estimated or advanced by the City or CFD No. 2022-1 for any other administrative purposes, including, but not limited to, attorney’s fees.

City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Page 2 “Annual Services Costs” means the respective annual amounts determined by the CFD Administrator as reasonable needed to fund services authorized to be funded by CFD No. 2022-1 for the applicable yearly period.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-1 determined by the CFD Administrator as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, and (3) the amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-1, and (4) any reasonably anticipated delinquencies in the payment of the annual Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Building Square Footage, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Building Square Foot(age)” means the structure square footage as shown on the building permit issued or as contained in the Assessor’s Data.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement (including the Annual Services Costs) and providing for the levy and collection of the Special Taxes.
“CFD No. 2022-1” means the City of Chowchilla Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services).
“City” means the City of Chowchilla, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-1. “County” means the County of Madera.
“County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-1 for which a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-1 which are exempt from the Special Tax pursuant to Section E.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.

City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Page 3 “Improved Square Foot(age)” means, for Industrial Parking Facility Property, that paved square footage used for parking vehicles plus the structure square footage associated with any office or building on the property, as shown in Assessor’s Data or in City building permit data. “Industrial Parking Facility Property” means all Assessor’s Parcels of Developed Property used for the temporary parking or storage of vehicles for a fee. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for a structure to be used for an industrial purpose, including Industrial Parking Facility Property, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Maximum Special Tax” means the maximum Special Tax authorized to fund authorized services in any Fiscal Year that may apply to Taxable Property, as described in Section C. “Open Space Property” means property within the boundaries of CFD No. 2022-1 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-1 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessors’ Parcels of Taxable Property levied within each property land use classification (Residential Property, Industrial Property) within CFD No. 2022-1. “Public Property” means any property within the boundaries of CFD No. 2022-1 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for a residential structure that contain one or more Units. “Special Tax(es)” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“State” means the State of California.

City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Page 4 “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022- 1 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-1, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2022-1 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all of the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-1 that are not Developed Property. “Unit” means any individual dwelling, townhome, condominium, apartment, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure, including Accessory Dwelling Units.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.

B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-1. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units, Building Square Footage, or Acreage each Parcel contains; (iv) the property type, i.e., Residential Property, Industrial Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.

C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor’s Parcel of Taxable Property shall be assigned below:

1. Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within CFD No. 2022- 1 shall be assigned according to Table 1 below:

City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Page 5 TABLE 1
MAXIMUM SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2022/23*
Land Use Category
Maximum Special
Tax Rate Per
Residential Property $846.00 Unit
Accessory Dwelling Unit 338.40 Unit
Industrial Property 0.20 Building Square Foot
Undeveloped Property 0.00 Acre
On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax rates shall be increased by amounts equal to three percent (3%) of the Maximum Special Tax rates amount in effect for the previous Fiscal Year.

Different Maximum Special Tax rates and additional property land uses classes may be identified in respective Tax Zones at the tine property is annexed to CFD No. 2022-1 in the future.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.

The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-1 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the applicable Maximum Special Tax.

Notwithstanding the foregoing, under no circumstances will the Special Taxes on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-1.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment, no Special Tax shall be levied on Open Space Property, Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5 and 533401 of the Act.

Welfare Exempt Property shall be exempt from the Special Tax in only for Fiscal Year’s for which the property qualifies as Welfare Exempt Property.

City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Page 6 F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct with respect to one or more specific Assessor’s Parcels. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Taxes theretofore levied on the Assessor’s Parcel(s). In addition, during the term of the appeal process, all Special Tax levied must be paid for the subject Assessor’s Parcel(s) prior to delinquency.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Taxes, but an adjustment shall be made to credit the Special Tax in future years.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, the classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the CFD Administrator’s discretion.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-

1. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied each Fiscal Year thereafter for as long as required to satisfy the Annual Special Tax Requirement.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Page 7 J. REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Assessor’s Parcels in CFD No. 2022-1, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the authorized services for which the Special Tax was levied. The obligations to provide the authorized services previously funded by the repealed Special Tax shall become the joint obligations of the property owners of Assessor’s Parcels within CFD No. 2022-1.

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COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, STATE OF CALIFORNIA,

ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)
WHEREAS, on June 28, 2022, this City Council (the “City Council”) of the City of Chowchilla (the “City”) adopted Resolution No. 51-22 entitled “A Resolution of the City Council of the City of Chowchilla, State of California, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”), stating its intention to form the City of Chowchilla, Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) (the “District”), of the City pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the services to be provided, the estimated cost of providing such services, and the rate and method of apportionment of the special tax to be levied within the District to pay for the services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and
WHEREAS, under the Resolution of Intention, the Director of Community and Economic Development was directed to make, or cause to be made, and file with the City Clerk a report (the “Report”) in writing, presenting the services to be provided and an estimate of the reasonable cost of providing the services. The Report was prepared and submitted to the City Clerk prior to the public hearing described below; and
WHEREAS, the Resolution of Intention called for a public hearing pertaining to the formation of the District and the levy of said special tax to be held on August 9, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the meeting place of the City Council; and WHEREAS, under the Resolution of Intention, the City Clerk was directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District, and the City Clerk caused the publication of such notice at least seven (7) days before the date set for said public hearing; and
WHEREAS, the City Council opened such public hearing on August 9, 2022, and continued the public hearing to August 23, 2022 at 7:00 p.m., or as soon thereafter as the matter may be heard, at the meeting place of the City Council; and
WHEREAS, on August 23, 2022, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at the public hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the services to be provided therein and the levy of such special tax were heard and a full and fair public hearing was held; and

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WHEREAS, written protests with respect to the formation of the District, the furnishing of specified types of services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the proposed special taxes; and WHEREAS, the special tax proposed to be levied in the District to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special taxes.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act.

3. All prior proceedings taken by the City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act. The City Council has heretofore adopted Local Goals and Policies for Community Facilities Districts, and the City Council hereby finds and determines that the District is in conformity with said goals and policies.

4. The community facilities district designated as the “City of Chowchilla, Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services)” of the City is hereby established pursuant to the Act.

5. The District Report is hereby approved.

6. The boundaries of the District, as set forth in the map entitled "Proposed Boundaries of City of Chowchilla, Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services), City of Chowchilla, County of Madera, State of California" heretofore recorded in the Madera County Recorder’s Office on July 25, 2022, in Book 5 at Page 50 as Document No. 2022-019567 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference, and shall be the boundaries of the District.

7. The type of public services proposed to be funded by the District and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this reference incorporated herein (the “Services”). It is hereby found and determined that the Services are necessary to meet the increased demands as the result of development occurring in the District.

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8. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District pursuant to the Rate and Method of Apportionment, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council or its designee shall determine, including direct billing of the affected landowners.

9. The Rate and Method of Apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the District to estimate the maximum amount such owner will have to pay, is shown in Exhibit B attached hereto and hereby incorporated herein.

11. The Finance Director of the City, 130 S. 2nd Street, Chowchilla, California, 93610, telephone number (559) 665-8615 x783, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the special tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the special tax.

12. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the collection of the special tax by the City ceases.

13. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at an amount equal to the proceeds of the special tax collected annually and such appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the California Constitution.

14. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which election shall be as specified by a separate resolution of this City Council.

15. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of August, 2022 by the following vote to wit:

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AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk

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EXHIBIT A

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)

DESCRIPTION OF SERVICES
MAINTENANCE AND SERVICES:

The maintenance and services eligible to be funded, in whole or in part, by the community facilities district (the “District”) include all direct and incidental costs related to providing for police protection services, fire protection and suppression services, and the maintenance and lighting of parks, parkways, streets, roads and open space. More specifically, the services shall include, but not be limited to, the removal, repair, relocation, replacement or acquisition of light standards, poles, bulbs, fixtures and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and servicing of the street lighting and traffic signal improvements and highway safety lights, ongoing maintenance and servicing of trees and landscaping including, but not limited to, trees, shrubs, grass and other ornamental vegetation, drainage basins, drywells and appurtenant devices, including irrigation systems, watering, and other associated landscape maintenance, irrigation and vegetation control, repair and sealing, tree trimming and vegetation maintenance and control; the installation, maintenance and replacement of irrigation lines and water lines, lighting, fencing, security improvements and signage; trash removal and recycling and graffiti abatement and removal; and any other public services authorized to be funded under Section 53313(a), (b), (d) and (e) of the California Government Code. The District may fund any of the following related to the services described above:
obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities, paying the salaries and benefits of personnel (including but not limited to maintenance workers, patrol guards and other personnel), and for payment of other related expenses (including but not limited to employee benefit expenses and an allocation of general overhead expenses), payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services and capital replacements.

Any services to be funded by the District must be in addition to those provided in the territory of the District before the District was created, and may not supplant services already available within that territory when the District is created. It is expected that the services will be provided by the City of Chowchilla (the “City”), either with its own employees or by contract with third parties, or any combination thereof.

ADMINISTRATIVE EXPENSES:

The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the City related to the District or the collection of special taxes, an allocable share of the salaries of any City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking

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action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.

OTHER:

The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment of the District and any property annexed to the District.

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EXHIBIT B

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
City of Chowchilla
Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Page 1

RATE AND METHOD OF APPORTIONMENT

All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor’s Parcel of Taxable Property shall be assigned below:

1. Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within CFD No. 2022- 1 shall be assigned according to Table 1 below:

Different Maximum Special Tax rates and additional property land uses classes may be identified in respective Tax Zones at the tine property is annexed to CFD No. 2022-1 in the future.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.

The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-1 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the applicable Maximum Special Tax.

Welfare Exempt Property shall be exempt from the Special Tax in only for Fiscal Year’s for which the property qualifies as Welfare Exempt Property.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

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COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, STATE OF CALIFORNIA, CALLING A

SPECIAL ELECTION FOR A COMMUNITY FACILITIES DISTRICT

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

2. Pursuant to the Act, the issues of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of the District at a special election called therefor as provided below.

3. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that, for these proceedings, the qualified electors are the landowners within the District and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of the public hearing.

4. This City Council hereby calls a special election to consider the issues described in Section 2, above, which special election shall be held on August 23, 2022, and the results thereof canvassed at the meeting of this City Council on August 23, 2022. The City Clerk is hereby designated as the official to conduct the special election and to receive all ballots until the

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close of business on the special election date. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a map of the boundaries of the District, and a sufficient description to allow the City Clerk to determine the electors of the District. The special election shall be conducted by messenger or mail-delivered ballot in accordance with the Act.

5. As authorized by Section 53353.5 of the Act, the issues described in Section 2 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit A, to be delivered to each of the qualified electors of the District. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot.

6. This City Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the District. There is on file with the City Clerk a written waiver executed by all of the qualified electors of the District allowing for a shortening of the time for the special election to expedite the process of formation of the District and waiving any requirement for notice, analysis, and arguments in connection with the special election. Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the special election and waiver of analysis and arguments and have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the special election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

7. If two-thirds (2/3) of the votes cast upon the question of levying such special tax and establishing the appropriations limit are cast in favor of the proposition after the canvass of the returns of such special election, the City Council may levy such special tax within the District under the Act in accordance with the approved rate and method of apportionment of special tax. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in the Resolution of Formation, subject to the Act, except that the special tax may be levied at a rate lower than that specified herein and the maximum annual tax rate may be lowered.

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8. Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the construction and/or acquisition of the Services and the incidental costs thereof including any debt, all as defined in the Resolution of Formation, shall constitute the specific purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report as required by Section 50075.3 of the Government Code.

9. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of August, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk

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EXHIBIT A

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)

OFFICIAL BALLOT

FORMATION ELECTION
(August 23, 2022)
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Chowchilla no later than the hour of 5:00 p.m. on Tuesday, August 23, 2022, either by mail or in person. The City Clerk’s office is located at 130 S. 2nd Street, Chowchilla, California.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Chowchilla and obtain another.

The estimated initial maximum amount of money raised annually by this measure is expected to be $23,688 per year upon full build out of the CFD, based on the rate and duration of the special tax as set forth in the rate and method of apportionment of special taxes for the CFD.

BALLOT MEASURE: Shall the City of Chowchilla be authorized to annually levy a special tax solely on lands within the City of Chowchilla Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) (the “District”) in accordance with the rate and method contained in the Resolution of Formation of the District adopted by the City Council on August 23, 2022, commencing with the City’s fiscal year 2022-23, to pay for costs of police protection services, fire protection services, maintenance of roads, parks, streetscapes, and streetlights, and related appurtenances, and to pay the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in an amount equal to the proceeds of the special tax collected annually?
YES:

NO:

By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure.

Number of Votes: 5
Property Owner: Fortis General Constr Inc
By: __________________________________________
Madera County Assessor’s Parcel Number(s): 001-290-006-000

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COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, STATE OF CALIFORNIA,

DECLARING RESULTS OF A SPECIAL ELECTION AND DIRECTING THE RECORDING OF A SPECIAL TAX LIEN

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.

2. The issues presented at the special election were the levy of a special tax within the District and the approval of an annual appropriations limit of not to exceed an amount equal to the proceeds of the special tax collected annually all pursuant to the Resolution of Formation.

3. The City Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the District. Pursuant to the Canvass, the issues

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presented at the special election were approved by the qualified electors of the District by more than two-thirds (2/3) of the votes cast at the special election.

4. Pursuant to the voter approval, the District is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act.

5. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Madera a notice of special tax lien in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption of this Resolution by the City Council.

6. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of August, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk

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EXHIBIT A

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)

CANVASS AND STATEMENT OF RESULT OF SPECIAL ELECTION
I hereby certify that on August 23, 2022, I canvassed the returns of the special election held on August 23, 2022, in the City of Chowchilla Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) of the City of Chowchilla and the total number of ballots cast in such special election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Chowchilla
Community Facilities District No. 2022-1
(Public Safety, Maintenance & Services)
Special Tax Election, August 23, 2022 __5__ _____ _____ _____ BALLOT MEASURE: Shall the City of Chowchilla be authorized to annually levy a special tax solely on lands within the City of Chowchilla Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) (the “District”) in accordance with the rate and method contained in the Resolution of Formation of the District adopted by the City Council on August 23, 2022, commencing with the City’s fiscal year 2022-23, to pay for costs of police protection services, fire protection services, maintenance of roads, parks, streetscapes, and streetlights, and related appurtenances, and to pay the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in an amount equal to the proceeds of the special tax collected annually?
Yes: __________

No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on August 23, 2022.

By:

City Clerk
City of Chowchilla
ATTACHMENT __

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CITY COUNCIL ORDINANCE # -22

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, STATE OF CALIFORNIA, AUTHORIZING

THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)
WHEREAS, this City Council (the “City Council”) of the City of Chowchilla (the “City”) on June 28, 2022, adopted Resolution No. 51-22 entitled “A Resolution of the City Council of the City of Chowchilla, State of California, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) and has conducted proceedings (the “Proceedings”) to establish the City of Chowchilla Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to finance the costs of police protection services, fire protection services, maintenance of roads, parks, streetscapes, and streetlights, and related appurtenances (the “Services”) as provided in the Act; and WHEREAS, the Resolution of Intention called for a public hearing to be held on August 9, 2022, or as soon thereafter as the matter may be heard; and
WHEREAS, the City Council opened such public hearing on August 9, 2022, and continued the public hearing to August 23, 2022 at 7:00 p.m., or as soon thereafter as the matter may be heard; and WHEREAS, on August 23, 2022, and as part of the Proceedings, this City Council held a public hearing under the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the District to finance the Services and, at such hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the Special Tax were heard, substantial evidence was presented and considered by this City Council, and a full and fair public hearing was held; and
WHEREAS, upon the conclusion of the hearing, this City Council adopted a resolution entitled “A Resolution of the City Council of the City of Chowchilla, State of California, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), whereby the City Council (i) established the District, (ii) authorized the levy of the Special Tax within the District, and (iii) preliminarily established an appropriations limit for the District, all pursuant to the Act; and WHEREAS, on August 23, 2022, a special election was held among the landowner voters within the District at which the landowner voters approved the proposition relating to the levy of Special Taxes within the District and the establishment of an appropriations limit for the District by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this City Council; and WHEREAS, the City Council ordered the recordation with the County Recorder of the County of Madera of a Notice of Special Tax Lien (the “Notice”).

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Chowchilla hereby finds,

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determines and declares the following:

SECTION 1: By the passage of this Ordinance, the City Council hereby authorizes and levies the Special Tax within the District pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2022- 2023 and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District, as contemplated by the Resolution of Formation and the Proceedings.

SECTION 2: The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation.

SECTION 3: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the District in excess of the maximum Special Tax specified in the Resolution of Formation.

SECTION 4: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the Special Tax.

SECTION 5: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council.

The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Madera in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Madera for fiscal year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION 6: If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected.

SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the City.

SECTION 8: This Ordinance shall become effective thirty (30) days following adoption.

Page 3 of 3 ends

INTRODUCED by the City Council of the City of Chowchilla on the 23rd day of August, 2022 and PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of September, 2022 by the following vote to wit:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 6.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: August 23, 2022
AGENDA SECTION: New Business
SUBJECT: Authorize the City Administrator, or Designee, to Execute a Cooperative Agreement with Caltrans for a Clean California Enhancement Project on State Route 233 / Robertson Blvd.

APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution, Cooperative Agreement

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

Staff recommends that the City Council approve the resolution that authorizes the City Administrator, or designee, to execute a Cooperative Agreement with Caltrans for a Clean California Enhancement Project on State Route 233 / Robertson Blvd.

BACKGROUND:

California Department of Transportation (Caltrans) developed the Clean California Program as part of the nearly $1.1 billion Clean California initiative, which makes a significant investment in beautifying local communities to create spaces of pride for all Californians. The Clean California Local Grant Program included nearly $300 million for communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to restore pride in public spaces. Caltrans District 6 staff worked with City staff to identify an eligible project to be funded with district allocated Clean California funds.

REASON FOR RECOMMENDATION:

The project identified for Clean California funding includes design and installation of beautification elements for the Robertson Blvd. median at the railroad track, traffic-calming corner bulb-outs, highvisibility crosswalk facilities, repair and/or replacement of broken sidewalks and ADA compliant curb ramps. This project will help the City in creating a safer pedestrian network. With the location being on State Route 233 through downtown Chowchilla, these improvements are needed in order to calm traffic and provide pedestrians with better access while providing much needed beautification of the area.

The City must execute an interagency Cooperative Agreement with Caltrans to receive funding for the project. The Cooperative Agreement describes the project purpose, City’s scope of work, Caltrans and City roles and responsibilities, and project budget. The Agreement also includes provisions related to funding, construction, standards, and permitting, among others. The total estimated cost for these activities is $1,070,000, of which all costs will be covered by Clean California funds.

FISCAL IMPACT:

The Agreement sets a total of $1,071,000 of Clean CA funds from Caltrans for project. There is no match required from the City and as a result, no additional costs. The project was included in the City’s Fiscal Year 2022-2023 Budget and approved CIP.

ALTERNATIVES:

Not to approve the agreement.

ACTIONS FOLLOWING APPROVAL:

The City Administrator or designee will execute the Cooperative Agreement with Caltrans and will begin final design of the project and future construction.

COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

AUTHORIZING THE CITY ADMINISTRATOR, OR DESIGNEE, TO EXECUTE A COOPERATIVE

AGREEMENT WITH CALTRANS FOR A CLEAN CALIFORNIA ENHANCEMENT PROJECT ON STATE ROUTE 233 / ROBERTSON BOULEVARD
WHEREAS, the City of Chowchilla is eligible to receive State funding for certain transportation related work through the California Department of Transportation; WHEREAS, a Cooperative Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Program; WHEREAS, the City of Chowchilla wishes to delegate authorization to execute these agreements and any amendments thereto.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The above recitals are true and correct.

2. The Agreement between the City and California State Department of Transportation, a copy of which is on file with the City Clerk and referred to for particulars, is approved as submitted.

3. The City Administrator, or designee, is authorized to execute the agreement, and any amendments thereto, on behalf of the City.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of August, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk
Agreement 06-1755
Project No. 0622000085
EA 1E790
06-MAD-233-2.47-3.7
Project Development Agreement 2017-02-17 (Created July 26, 2022) i

COOPERATIVE AGREEMENT COVER SHEET
Work Description
CLEAN CA ENHANCEMENT PROJECT ON SR 233 THAT INCLUDES INSTALLATION OF

NEW TREES AND VEGETATION, TREE WELLS AND GRATES, RECTANGULAR RAPID

FLASHING BEACONS AT MARKED CROSSWALKS, LANDSCAPE AROUND THE GATEWAY MONUMENT AND REPAIR MISSING OR DAMAGED SIDEWALK SECTIONS.

Contact Information

CALTRANS
Shavonne Conley, Project Manager
2015 East Shields Avenue, Suite 100
Fresno, CA 93726
Office Phone: 559-383-5609
Email: [email protected]

CITY OF CHOWCHILLA
Jason Rogers, Director of Public Works
350 N. Valencia Boulevard
Chowchilla, CA 93610
Office Phone: (559) 665-8615
Email: [email protected]
Cover Sheet AGREEMENT 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) ii Table of Contents
COOPERATIVE AGREEMENT ......................................................................................................... 1 RECITALS ........................................................................................................................................... 1 RESPONSIBILITIES ........................................................................................................................... 3 Sponsorship ...................................................................................................................................... 3 Implementing Agency ...................................................................................................................... 3 Funding ............................................................................................................................................ 4 CALTRANS’ Quality Management ................................................................................................ 4 CEQA Lead Agency ........................................................................................................................ 5 Environmental Permits, Approvals and Agreements ....................................................................... 5 Plans, Specifications, and Estimate (PS&E) .................................................................................... 5 CONSTRUCTION ........................................................................................................................... 6 Schedule ........................................................................................................................................... 9 Additional Provisions ..................................................................................................................... 10 Standards ................................................................................................................................... 10 Noncompliant Work .................................................................................................................. 10 Qualifications ............................................................................................................................ 10 Consultant Selection .................................................................................................................. 10 Encroachment Permits ............................................................................................................... 11 Protected Resources .................................................................................................................. 11 Disclosures ................................................................................................................................ 11 Hazardous Materials .................................................................................................................. 12 Claims ........................................................................................................................................ 13 Accounting and Audits .............................................................................................................. 13 Interruption of Work ................................................................................................................. 14 Penalties, Judgements and Settlements ..................................................................................... 15 Project Files ............................................................................................................................... 15 Environmental Compliance ....................................................................................................... 15 GENERAL CONDITIONS ................................................................................................................ 15 Venue ............................................................................................................................................. 15 Exemptions ..................................................................................................................................... 16 Indemnification .............................................................................................................................. 16 Non-parties ..................................................................................................................................... 16 Ambiguity and Performance .......................................................................................................... 17 Cover Sheet AGREEMENT 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) iii Defaults.......................................................................................................................................... 17 Dispute Resolution......................................................................................................................... 17 Prevailing Wage ............................................................................................................................. 18 SIGNATURES.................................................................................................................................... 19 FUNDING SUMMARY No. 01........................................................................................................... 1 Beautification FUNDING TABLE .................................................................................................. 1 Beautification SPENDING SUMMARY......................................................................................... 1 Funding ............................................................................................................................................ 1 Invoicing and Payment..................................................................................................................... 2 Plans, Specifications, and Estimate (PS&E)............................................................................... 3 CONSTRUCTION Support ........................................................................................................ 3 CONSTRUCTION Capital ......................................................................................................... 3 CLOSURE STATEMENT.................................................................................................................... 2 Agreement 06-1755
Project No. 0622000085
EA 1E790
06-MAD-233-2.47-3.7
Project Development Agreement 2017-02-17 (Created July 26, 2022) 1 of 19

COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Chowchilla, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

2. CALTRANS is authorized per the California Streets and Highways Code, Section 91.42 to expend Clean California State Beautification Program of 2021 funds towards beautifying and cleaning up state highways and eligible projects towards that goal.

3. For the purpose of this AGREEMENT, CLEAN CA ENHANCEMENT PROJECT ON SR 233

THAT INCLUDES INSTALLATION OF NEW TREES AND VEGETATION, TREE WELLS

AND GRATES, RECTANGULAR RAPID FLASHING BEACONS AT MARKED

CROSSWALKS, LANDSCAPE AROUND THE GATEWAY MONUMENT AND REPAIR MISSING OR DAMAGED SIDEWALK SECTIONS. will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Design Engineering Evaluation Report, or Project Report).

4. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 2 of 19

5. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

Completion of PSE PROJECT COMPONENT is dependent upon completion of some activities in the R/W SUPPORT PROJECT COMPONENT. PARTIES acknowledge that the WORK will not result in a product that can be used to advertise and award a contract for the CONSTRUCTION SUPPORT/CAPITAL PROJECT COMPONENT without completing some activities outside of this agreement, under a separate agreement, or by later amending this Agreement.

6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 3 of 19

RESPONSIBILITIES
Sponsorship

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

9. CITY is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. • CITY is the CONSTRUCTION IMPLEMENTING AGENCY.

CONSTRUCTION includes construction contract administration, surveying/staking, inspection, quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget identifies the capital costs of the construction contract/furnished materials (CONSTRUCTION CAPITAL) and the cost of the staff work in support of the construction contract administration (CONSTRUCTION SUPPORT).

11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval.

12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 4 of 19 Funding

13. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.

PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT.

14. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT.

15. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

16. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.

CALTRANS’ Quality Management

18. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

19. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

20. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 5 of 19

21. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.

CEQA Lead Agency

22. CALTRANS is the CEQA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

23. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY’s responsibilities in this AGREEMENT.

24. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

25. The PROJECT will not require environmental permits/approvals.

Plans, Specifications, and Estimate (PS&E)

26. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

27. CALTRANS will be responsible for completing the following PS&E activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT Funded Cost
100.15.10.xx Quality Management No

28. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 6 of 19

29. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-ofway in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

CONSTRUCTION

30. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

31. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT Funded Cost
100.20.10.xx Quality Management No

32. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

33. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.

34. CITY will include a Disadvantaged Business Enterprise (DBE) utilization goal in the PROJECT construction contract(s) in accordance with the Local Assistance Procedures Manual. CITY will award the construction contract to the lowest responsive bidder who makes a Good Faith Effort to meet the DBE goal.

35. CALTRANS will not issue an encroachment permit to CITY for construction work until the following conditions are met:
• CALTRANS accepts the final plans, specifications, and estimate • CALTRANS accepts the Right-of-Way Certification
• Any new or amended maintenance agreements required for the WORK are executed.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 7 of 19

36. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications.

37. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract.

38. If the lowest responsible construction contract bid is greater than the funding commitment to CONSTRUCTION CAPITAL, PARTIES must agree in writing on a course of action within fifteen (15) working days. If no agreement is reached within fifteen (15) work days the IMPLEMENTING AGENCY will not award the construction contract.

39. CALTRANS will not issue an encroachment permit to CITY's construction contractor until CALTRANS accepts:
• The payment and performance bonds
• The CONSTRUCTION Quality Management Plan

40. The CONSTRUCTION Quality Management Plan (QMP) will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job-site. The construction material and Source Inspection QMP (SIQMP) are subject to review and approval by the State Materials Engineer.

41. The CONSTRUCTION Quality Management Plan will address the radiation safety requirements of the California Code of Regulations 17 CCR § 30346 when the work requires Gamma-Gamma Logging acceptance testing for Cast in Drilled Hole (CIDH) pile or whenever else it is applicable. In accordance with these regulations CITY, as the "well operator", will have a written agreement with any consultant or external entity performing these tests.

42. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities.

43. CITY will provide a landscape architect who will be responsible for all the landscaping activitites within the State Highway System.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 8 of 19

44. CALTRANS will review and concur with:
• Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP).

45. CITY will administer and process all construction contract claims pursuant to the requirements set forth under Public Contract Code, Section 9204. In addition, all public works claims of $375,000 or less shall be resolved in accordance with Public Contract Code Section 20104, et seq. and other applicable laws.

46. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System.

47. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System (SHS) within the PROJECT limits as part of the construction contract until the following conditions are met:
• Any required maintenance agreements are executed for the portions of SHS for which relief of maintenance is to be granted.
• CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof.

48. Upon WORK completion, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the State Highway System (SHS) within SHS right-of-way as part of WORK become the property of CALTRANS.

CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right-of-way.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 9 of 19

49. Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY will furnish CALTRANS with a complete set of “AsBuilt” plans and Change Orders, including any changes authorized by CALTRANS, using an approved transfer mechanism, such as a CD ROM, flash drive, Filr. The submitted digital files must be completed in accordance with Caltrans specifications, policies, and manuals, including requirements in Sections 2 and 3, of Chapter 17 in the Project Development Procedures Manual, then current CADD User’s Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident Engineer’s name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer’s signature only on the title sheet. The As-Built plans will be in Microstation DGN format, version 8.0. When applicable, the digital submittal must also include high accuracy locating and underground facilities data. In addition, CITY will provide one set of As-Built plans and addenda in TIFF format.

The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and records of surveys prepared to satisfy the requirements of the California Professional Land Surveyors Act (Business and Professions Code, Sections 8700 – 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, Sections 8762 and 8771, will contain the filing information provided by the county in which filed.

Schedule

50. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

51. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written quarterly progress reports during the completion of the WORK.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 10 of 19 Additional Provisions
Standards

52. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
• Construction Manual
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Noncompliant Work

53. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.

Qualifications

54. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

55. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 11 of 19 Encroachment Permits

56. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

57. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

58. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

59. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

60. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 12 of 19 Hazardous Materials

61. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

62. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.

63. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.

64. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.

65. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 13 of 19 CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.

CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

66. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.

Claims

67. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.

68. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

69. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.

When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

Accounting and Audits

70. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 14 of 19

71. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.

PARTIES will retain all WORK-related records for three (3) years after the final voucher.

PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.

72. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.

CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.

The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.

The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit.

The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt.

Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.

Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.

73. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

74. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

75. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT rightof-way in a safe and operable condition acceptable to CALTRANS.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 15 of 19

76. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgements and Settlements

77. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.

78. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

79. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

80. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

Environmental Compliance

81. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.

GENERAL CONDITIONS

82. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

83. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 16 of 19 Exemptions

84. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification

85. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

86. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties

87. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

88. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 17 of 19 Ambiguity and Performance

89. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

90. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults

91. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution

92. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.

93. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 18 of 19 Prevailing Wage

94. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the DavisBacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.

Agreement 06-1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 19 of 19

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: _________________________________

DIANA GOMEZ
District Director

VERIFICATION OF FUNDS AND
AUTHORITY:

By: _________________________________

WILLIAM ETHERTON
District Budget Manager

CERTIFIED AS TO ALL FINANCIAL

OBLIGATIONS/TERMS AND POLICIES
By: _________________________________

DARWIN SALMOS
HQ Accounting Supervisor

CITY OF CHOWCHILLA
Name Tbd
Title TBD
Attest:

Name Tbd
Title TBD
Approved as to form and procedure:

Name Tbd
Title TBD
AGREEMENT 06 - 1755
Project No. 0622000085
EA 1E790
06-MAD-233-2.47-3.7
Project Development Agreement 2017-02-17 (Created July 26, 2022) 1 of 3 FUNDING SUMMARY NO. 01
Beautification FUNDING TABLE v. 12
IMPLEMENTING AGENCY CITY CITY
Source Party Fund Type PS&E
CONST.

SUPPORT
CONST.

CAPITAL Totals
STATE CALTRANS Clean CA 86,000 129,000 856,000 1,071,000 Totals 86,000 129,000 856,000 1,071,000
Beautification SPENDING SUMMARY
v 221
PS&E CONST. SUPPORT CONST.

CAPITAL
Fund Type CALTRANS CITY CALTRANS CITY CITY Totals
Clean CA 0 86,000 0 129,000 856,000 1,071,000
Totals 0 86,000 0 129,000 856,000 1,071,000
FUNDING SUMMARY No. 01 AGREEMENT 06 - 1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 1 of 4 Funding

1. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.

That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.

2. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.

Each PARTY may request reimbursement for these costs during the amendment process.

3. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.

In accordance with California Senate Bill 848, the Administration Rate is capped at 10 percent until January 1, 2023, for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements.

4. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS’ Audits and Investigations for review and acceptance prior to CALTRANS’ reimbursement of indirect costs.

AGREEMENT 06 - 1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 2 of 4

5. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.

Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.

If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.

6. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.

7. SHOPP funds can only be expended on SHOPP-eligible items and work.

Invoicing and Payment

8. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.

9. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.

10. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.

11. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.

AGREEMENT 06 - 1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 3 of 4

12. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.

Plans, Specifications, and Estimate (PS&E)

13. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.

CONSTRUCTION Support

14. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.

CONSTRUCTION Capital

15. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.

FUNDING SUMMARY No. 01 AGREEMENT 06 - 1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 1 of 3

CLOSURE STATEMENT INSTRUCTIONS

1. Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT?

YES / NO

2. Did CALTRANS accept and approve all final deliverables submitted by other PARTIES?

YES / NO

3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed?

YES / NO

4. If construction is involved, did the CALTRANS District Project Manager verify that all claims and third party billings (utilities, etc.) have been settled before termination of the AGREEMENT?

YES / NO

5. Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents?

YES / NO
If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT.

AGREEMENT 06 - 1755
Project No. 0622000085
Project Development Agreement 2017-02-17 (Created July 26, 2022) 2 of 3

CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 06-1755 and any amendments to the agreement. The final signature date on this document terminates agreement 06-1755 except survival articles. All survival articles in agreement 06-1755 will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier.

The people signing this agreement have the authority to do so on behalf of their public agencies.

By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
District Director
Date:

Certified as to all financial
obligations/terms and policies
Budget Manager
Date:

CITY OF CHOWCHILLA
Title TBD
Date:

REPORT TO THE CITY COUNCIL
Item 6.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: August 23, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration of
a) A Resolution Authorizing the Changes in the Salary and Benefits for Management Classifications that Correspond to Increases in the Chowchilla Mid-Management/Confidential MOU for the Period Covering July 1, 2022 Through June 30, 2025; and,
b) a Resolution Amending the Approved City of Chowchilla Salary Scale for the Following Period: July 1, 2022 through June 30, 2023 PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Management Resolution, Salary Scale Resolution with Exhibit

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

Staff recommends that the City adopt both resolutions affecting the 2022/23 fiscal year salary scale for all employees, and Management classification benefit changes.

BACKGROUND:

The City has completed meet and confer sessions with all represented employee bargaining groups, achieving agreements providing for base salary increases for classifications that are represented by these groups with MOU’s that were effective 7/1/2022.

In addition, the City’s Management employees, including those covered by employment contracts (such as the City Administrator and Chief of Police), are eligible to receive pay increases that parallel those in the Chowchilla Mid-Management Confidential Association MOU and are therefore eligible to receive base salary increases equivalent to those in the CMMCA MOU.

The City will be including the Salary Scale as part of the adoption of the budget. If minimum wage is increased, the salary scale will be adjusted to ensure that all employees are being paid at least minimum wage.

REASON FOR RECOMMENDATION:

Council has previously approved the increases reflected in the Salary Tables through ratification of the MOUs for each recognized employee association.

The changes to the Salary Tables serve to authorize payment of the negotiated base rate to each existing employee and do not authorize the addition or deletion of new classifications or of new positions.

FISCAL IMPACT:

The impacts of the new salary scale are reflected in the agreements in the MOUs for bargaining units:
- Chowchilla Police Officers Association
- Chowchilla City Office Employees Association
- Chowchilla City Employees Association
- Mid Management/Confidential
ALTERNATIVES:

Not approve the salary scale. This would be in contrast to what is approved in the MOU’s.

ACTIONS FOLLOWING APPROVAL:

Staff updates employee payroll records through a Personnel Action Form effective 7/1/2022.

COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

AMENDING THE APPROVED CITY OF CHOWCHILLA SALARY SCALE FOR THE FOLLOWING PERIOD: JULY 1, 2022 THROUGH JUNE 30, 2023
WHEREAS, Section 37206 of the California Government Code requires the City Council to prescribe the time and method of paying salaries and wages of employees of the City; and WHEREAS, the Interim City Administrator, and/or a designated representative has, following meet and confer, proposed certain wages, hours and working conditions of employees for the classified employees of the City; and
WHEREAS, the City Council has authorized the adoption of those base salary levels for classified employees of the City
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Chowchilla that the City hereby finds:

1. That the Salary Table for the Period July 1, 2022 through June 30, 2023, attached hereto as Exhibit “A” is approved; and

2. That the Salary Table of the Period July 1, 2022 through June 30, 2023 shall, unless modified by a future resolution, continue in effect after the date June 30, 2023.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of August, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

John Chavez, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk
COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

AUTHORIZING CHANGES IN SALARY AND BENEFITS FOR MANAGEMENT CLASSIFICATIONS THAT CORRESPOND TO INCREASES IN THE CHOWCHILLA MIDMANAGEMENT CONFIDENTIAL MOU FOR THE PERIOD JULY 1, 2022 THROUGH JUNE 30, 2025
WHEREAS, Section 37206 of the California Government Code requires the City Council to prescribe the time and method of paying salaries and wages of employees of the City; and WHEREAS, the City Administrator, and/or a designated representative, has met and conferred in good faith with the Chowchilla Mid-Management Confidential Association (CMMCA) relative to negotiations over a successor Memorandum of Understanding (MOU) (attached as Exhibit A) setting out certain wages, hours and working conditions of employees in the CMMCA Bargaining Unit); and
WHEREAS, the City Administrator, and/or a designated representative acting on behalf of the City Council and representative of the CMMCA have reached agreement over the terms of the MOU covering the time period between July 1, 2022 through June 30, 2025; WHEREAS, the City Administrator and the Mayor were previously authorized to execute the CMMCA MOU;
WHEREAS, City Council Resolution #11-12 provides that Management Employee benefits shall be equal to those provided to the CMMCA.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Chowchilla that the City Council hereby confers all salary adjustment and benefits contained in the CMMCA MOU covering July 1, 2022 through June 30, 2025 upon the Management Employee Group.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of August, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_____________________________
Mayor John Chavez
ATTEST:
_____________________________
Joann McClendon, CMC
City Clerk
COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

1. That the Salary Table for the Period July 1, 2022 through June 30, 2023, attached hereto as Exhibit “A” is approved; and

2. That the Salary Table of the Period July 1, 2022 through June 30, 2023 shall, unless modified by a future resolution, continue in effect after the date June 30, 2023.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of August, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

John Chavez, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk
Grade A A 1/2 B B 1/2 C C 1/2 D D 1/2 E E 1/2 F
Account Clerk I 22 $ 17.56 $ 18.00 $ 18.45 $ 18.91 $ 19.38 $ 19.86 $ 20.36 $ 20.87 $ 21.39 $ 21.92 $ 22.47 Account Clerk II 25 $ 18.87 $ 19.34 $ 19.82 $ 20.32 $ 20.83 $ 21.35 $ 21.88 $ 22.43 $ 22.99 $ 23.56 $ 24.15 Account Clerk III 29 $ 20.86 $ 21.38 $ 21.91 $ 22.46 $ 23.02 $ 23.60 $ 24.19 $ 24.79 $ 25.41 $ 26.05 $ 26.70 Accounting & Payroll Analyst-Confidential MM33 $ 23.25 $ 23.83 $ 24.43 $ 25.04 $ 25.67 $ 26.31 $ 26.97 $ 27.64 $ 28.33 $ 29.04 $ 29.77 Accounting Analyst 33 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 $ 29.49 Accounting Manager MM50 $ 35.39 $ 36.27 $ 37.18 $ 38.11 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 Administrative Analyst 33 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 $ 29.49 Administrative Secretary (Confidential) MM32 $ 22.69 $ 23.26 $ 23.84 $ 24.44 $ 25.05 $ 25.68 $ 26.32 $ 26.98 $ 27.65 $ 28.34 $ 29.05 Administrative Supervisor MM40 $ 27.65 $ 28.34 $ 29.05 $ 29.78 $ 30.52 $ 31.28 $ 32.06 $ 32.86 $ 33.68 $ 34.52 $ 35.38 Administrative Supervisor P40 $ 28.17 $ 28.87 $ 29.59 $ 30.33 $ 31.09 $ 31.87 $ 32.67 $ 33.49 $ 34.33 $ 35.19 $ 36.07 Animal Control Officer P26 $ 19.94 $ 20.44 $ 20.95 $ 21.47 $ 22.01 $ 22.56 $ 23.12 $ 23.70 $ 24.29 $ 24.90 $ 25.52 Assistant City Administrator* M2 $ 63.11 $ 64.69 $ 66.31 $ 67.97 $ 69.67 $ 71.41 $ 73.20 $ 75.03 $ 76.91 $ 78.83 $ 80.80 Building Inspector I 35 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 $ 29.49 $ 30.23 $ 30.99 Building Inspector II MM40 $ 27.65 $ 28.34 $ 29.05 $ 29.78 $ 30.52 $ 31.28 $ 32.06 $ 32.86 $ 33.68 $ 34.52 $ 35.38 Building Official MM45 $ 31.27 $ 32.05 $ 32.85 $ 33.67 $ 34.51 $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 Chief Mechanic MM45 $ 31.27 $ 32.05 $ 32.85 $ 33.67 $ 34.51 $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 Chief of Police** M3 $ 59.81 $ 61.31 $ 62.84 $ 64.41 $ 66.02 $ 67.67 $ 69.36 $ 71.09 $ 72.87 $ 74.69 $ 76.56 City Administrator** M1 $ 70.98 $ 72.75 $ 74.57 $ 76.43 $ 78.34 $ 80.30 $ 82.31 $ 84.37 $ 86.48 $ 88.64 $ 90.86 City Clerk* M7 $ 40.32 $ 41.33 $ 42.36 $ 43.42 $ 44.51 $ 45.62 $ 46.76 $ 47.93 $ 49.13 $ 50.36 $ 51.62 Clerk Technician 19 $ 16.31 $ 16.72 $ 17.14 $ 17.57 $ 18.01 $ 18.46 $ 18.92 $ 19.39 $ 19.87 $ 20.37 $ 20.88 Clerk Typist/Office Assistant 1 $ 15.60 $ 15.99 $ 16.39 $ 16.80 $ 17.22 $ 17.65 $ 18.09 $ 18.54 $ 19.00 $ 19.48 $ 19.97 Code Enforcement Officer 36 $ 24.77 $ 25.39 $ 26.02 $ 26.67 $ 27.34 $ 28.02 $ 28.72 $ 29.44 $ 30.18 $ 30.93 $ 31.70 Community Development Manager MM50 $ 35.39 $ 36.27 $ 37.18 $ 38.11 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 Community Service Officer/Dispatcher P28 $ 20.94 $ 21.46 $ 22.00 $ 22.55 $ 23.11 $ 23.69 $ 24.28 $ 24.89 $ 25.51 $ 26.15 $ 26.80 Community Services/Transit Supervisor MM40 $ 27.65 $ 28.34 $ 29.05 $ 29.78 $ 30.52 $ 31.28 $ 32.06 $ 32.86 $ 33.68 $ 34.52 $ 35.38 Community/Economic Development Specialist MM48 $ 33.67 $ 34.51 $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 $ 41.02 $ 42.05 $ 43.10 Community/Economic Development Director* M5 $ 55.04 $ 56.42 $ 57.83 $ 59.28 $ 60.76 $ 62.28 $ 63.84 $ 65.44 $ 67.08 $ 68.76 $ 70.48 CSO/Dispatcher Relief P15 $ 16.05 $ 16.45 $ 16.86 $ 17.28 $ 17.71 $ 18.15 $ 18.60 $ 19.07 $ 19.55 $ 20.04 $ 20.54 CSO/Records Supervisor P33 $ 23.69 $ 24.28 $ 24.89 $ 25.51 $ 26.15 $ 26.80 $ 27.47 $ 28.16 $ 28.86 $ 29.58 $ 30.32 Deputy City Clerk/Secretary II (Admin) 35 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 $ 29.49 $ 30.23 $ 30.99 Deputy Director of Administrative Services MM54 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 $ 46.44 $ 47.60 $ 48.79 $ 50.01 Deputy Director of Community Development MM54 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 $ 46.44 $ 47.60 $ 48.79 $ 50.01 Deputy Director of Public Works MM57 $ 42.03 $ 43.08 $ 44.16 $ 45.26 $ 46.39 $ 47.55 $ 48.74 $ 49.96 $ 51.21 $ 52.49 $ 53.80 Director of Parks, Rec. & Community Services* M11 $ 45.09 $ 46.22 $ 47.38 $ 48.56 $ 49.77 $ 51.01 $ 52.29 $ 53.60 $ 54.94 $ 56.31 $ 57.72 Director of Public Works* M6 $ 54.84 $ 56.21 $ 57.62 $ 59.06 $ 60.54 $ 62.05 $ 63.60 $ 65.19 $ 66.82 $ 68.49 $ 70.20 Deputy Director of Recreation & Community
Engagement
M7 $ 40.32 $ 41.33 $ 42.36 $ 43.42 $ 44.51 $ 45.62 $ 46.76 $ 47.93 $ 49.13 $ 50.36 $ 51.62 Director of Recreation & Community Engagement* M11 $ 45.09 $ 46.22 $ 47.38 $ 48.56 $ 49.77 $ 51.01 $ 52.29 $ 53.60 $ 54.94 $ 56.31 $ 57.72 Engineer I MM48 $ 33.67 $ 34.51 $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 $ 41.02 $ 42.05 $ 43.10 Engineer II MM50 $ 35.39 $ 36.27 $ 37.18 $ 38.11 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 Engineer III MM54 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 $ 46.44 $ 47.60 $ 48.79 $ 50.01 Equipment Mechanic Helper 21 $ 17.15 $ 17.58 $ 18.02 $ 18.47 $ 18.93 $ 19.40 $ 19.89 $ 20.39 $ 20.90 $ 21.42 $ 21.96 Equipment Mechanic I 25 $ 18.87 $ 19.34 $ 19.82 $ 20.32 $ 20.83 $ 21.35 $ 21.88 $ 22.43 $ 22.99 $ 23.56 $ 24.15 Equipment Mechanic II 31 $ 21.93 $ 22.48 $ 23.04 $ 23.62 $ 24.21 $ 24.82 $ 25.44 $ 26.08 $ 26.73 $ 27.40 $ 28.09 Equipment Mechanic III 37 $ 25.41 $ 26.05 $ 26.70 $ 27.37 $ 28.05 $ 28.75 $ 29.47 $ 30.21 $ 30.97 $ 31.74 $ 32.53 City of Chowchilla
Salary Scale - Hourly
7/1/2022 (INCLUDES 4% COLA OEA/CEA, 5% Mid Management/Management, 7% for PD)

CLASSIFICATION HOURLY
Equipment Operator 30 $ 21.39 $ 21.92 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 Executive Assistant to City Administrator MM40 $ 27.65 $ 28.34 $ 29.05 $ 29.78 $ 30.52 $ 31.28 $ 32.06 $ 32.86 $ 33.68 $ 34.52 $ 35.38 Finance Director* M8 $ 56.54 $ 57.95 $ 59.40 $ 60.89 $ 62.41 $ 63.97 $ 65.57 $ 67.21 $ 68.89 $ 70.61 $ 72.38 Fire Battalion Chief 53 $ 38.52 $ 39.48 $ 40.47 $ 41.48 $ 42.52 $ 43.58 $ 44.67 $ 45.79 $ 46.93 $ 48.10 $ 49.30 Fire Chief/Code Enforcement Officer* M4 $ 50.87 $ 52.14 $ 53.44 $ 54.78 $ 56.15 $ 57.55 $ 58.99 $ 60.46 $ 61.97 $ 63.52 $ 65.11 Fire Hydrant Specialist 28 $ 20.35 $ 20.86 $ 21.38 $ 21.91 $ 22.46 $ 23.02 $ 23.60 $ 24.19 $ 24.79 $ 25.41 $ 26.05 Fire Inspector MM40 $ 27.65 $ 28.34 $ 29.05 $ 29.78 $ 30.52 $ 31.28 $ 32.06 $ 32.86 $ 33.68 $ 34.52 $ 35.38 Human Resources Analyst MM35 $ 24.44 $ 25.05 $ 25.68 $ 26.32 $ 26.98 $ 27.65 $ 28.34 $ 29.05 $ 29.78 $ 30.52 $ 31.28 Information Technology Manager MM48 $ 33.67 $ 34.51 $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 $ 41.02 $ 42.05 $ 43.10 Information Technology Systems Administrator MM45 $ 31.27 $ 32.05 $ 32.85 $ 33.67 $ 34.51 $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 Laborer I 1 $ 15.60 $ 15.99 $ 16.39 $ 16.80 $ 17.22 $ 17.65 $ 18.09 $ 18.54 $ 19.00 $ 19.48 $ 19.97 Laborer II P5 $ 16.05 $ 16.45 $ 16.86 $ 17.28 $ 17.71 $ 18.15 $ 18.60 $ 19.07 $ 19.55 $ 20.04 $ 20.54 Laborer III 12 $ 15.60 $ 15.99 $ 16.39 $ 16.80 $ 17.22 $ 17.65 $ 18.09 $ 18.54 $ 19.00 $ 19.48 $ 19.97 Maintenance Worker I 19 $ 16.31 $ 16.72 $ 17.14 $ 17.57 $ 18.01 $ 18.46 $ 18.92 $ 19.39 $ 19.87 $ 20.37 $ 20.88 Maintenance Worker II 23 $ 17.99 $ 18.44 $ 18.90 $ 19.37 $ 19.85 $ 20.35 $ 20.86 $ 21.38 $ 21.91 $ 22.46 $ 23.02 Parks & Facilities Supervisor MM40 $ 27.65 $ 28.34 $ 29.05 $ 29.78 $ 30.52 $ 31.28 $ 32.06 $ 32.86 $ 33.68 $ 34.52 $ 35.38 Parks & Facilities Worker I 24 $ 18.45 $ 18.91 $ 19.38 $ 19.86 $ 20.36 $ 20.87 $ 21.39 $ 21.92 $ 22.47 $ 23.03 $ 23.61 Parks & Facilities Worker II 28 $ 20.35 $ 20.86 $ 21.38 $ 21.91 $ 22.46 $ 23.02 $ 23.60 $ 24.19 $ 24.79 $ 25.41 $ 26.05 Parks & Facilities Worker III 32 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 Parks Worker 20 $ 16.70 $ 17.12 $ 17.55 $ 17.99 $ 18.44 $ 18.90 $ 19.37 $ 19.85 $ 20.35 $ 20.86 $ 21.38 Permit Technician I 30 $ 21.39 $ 21.92 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 Permit Technician II 35 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 $ 29.49 $ 30.23 $ 30.99 Police Commander* M9 $ 41.71 $ 42.75 $ 43.82 $ 44.92 $ 46.04 $ 47.19 $ 48.37 $ 49.58 $ 50.82 $ 52.09 $ 53.39 Police Lieutenant* 54 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 $ 46.44 $ 47.60 $ 48.79 $ 50.01 Police Officer I P38 $ 26.80 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Police Officer I Reserve P21 $ 17.64 $ 18.08 $ 18.53 $ 18.99 $ 19.46 $ 19.95 $ 20.45 $ 20.96 $ 21.48 $ 22.02 $ 22.57 Police Officer II P40 $ 28.17 $ 28.87 $ 29.59 $ 30.33 $ 31.09 $ 31.87 $ 32.67 $ 33.49 $ 34.33 $ 35.19 $ 36.07 Police Officer II Reserve P35 $ 24.90 $ 25.52 $ 26.16 $ 26.81 $ 27.48 $ 28.17 $ 28.87 $ 29.59 $ 30.33 $ 31.09 $ 31.87 Police Officer Provisional P35 $ 24.90 $ 25.52 $ 26.16 $ 26.81 $ 27.48 $ 28.17 $ 28.87 $ 29.59 $ 30.33 $ 31.09 $ 31.87 Police Officer Trainee P27 $ 22.58
Police Sergeant P48 $ 37.88 $ 38.83 $ 39.80 $ 40.80 $ 41.82 $ 42.87 $ 43.94 $ 45.04 $ 46.17 $ 47.32 $ 48.50 Program Analyst 32 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 Program Clerk/Engineering Technician (Intern) 23 $ 17.99 $ 18.44 $ 18.90 $ 19.37 $ 19.85 $ 20.35 $ 20.86 $ 21.38 $ 21.91 $ 22.46 $ 23.02 Program Coordinator I 24 $ 18.45 $ 18.91 $ 19.38 $ 19.86 $ 20.36 $ 20.87 $ 21.39 $ 21.92 $ 22.47 $ 23.03 $ 23.61 Program Coordinator II 28 $ 20.35 $ 20.86 $ 21.38 $ 21.91 $ 22.46 $ 23.02 $ 23.60 $ 24.19 $ 24.79 $ 25.41 $ 26.05 Program Coordinator III/Specialist 32 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 Program Supervisor MM15 $ 15.60 $ 15.99 $ 16.39 $ 16.80 $ 17.22 $ 17.65 $ 18.09 $ 18.54 $ 19.00 $ 19.48 $ 19.97 Project Analyst 30 $ 21.39 $ 21.92 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 Project Manager MM54 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 $ 46.44 $ 47.60 $ 48.79 $ 50.01 Project Permit Supervisor MM43 $ 29.75 $ 30.49 $ 31.25 $ 32.03 $ 32.83 $ 33.65 $ 34.49 $ 35.35 $ 36.23 $ 37.14 $ 38.07 Public Services Superintendent MM52 $ 37.14 $ 38.07 $ 39.02 $ 40.00 $ 41.00 $ 42.03 $ 43.08 $ 44.16 $ 45.26 $ 46.39 $ 47.55 Public Services Worker 22 $ 17.56 $ 18.00 $ 18.45 $ 18.91 $ 19.38 $ 19.86 $ 20.36 $ 20.87 $ 21.39 $ 21.92 $ 22.47 Public Works Supervisor MM46 $ 32.07 $ 32.87 $ 33.69 $ 34.53 $ 35.39 $ 36.27 $ 37.18 $ 38.11 $ 39.06 $ 40.04 $ 41.04 Recreation & Community Outreach Manager M10 $ 34.77 $ 35.64 $ 36.53 $ 37.44 $ 38.38 $ 39.34 $ 40.32 $ 41.33 $ 42.36 $ 43.42 $ 44.51 Records Coordinator 30 $ 21.39 $ 21.92 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 Secretary I 22 $ 17.56 $ 18.00 $ 18.45 $ 18.91 $ 19.38 $ 19.86 $ 20.36 $ 20.87 $ 21.39 $ 21.92 $ 22.47 Secretary II 25 $ 18.87 $ 19.34 $ 19.82 $ 20.32 $ 20.83 $ 21.35 $ 21.88 $ 22.43 $ 22.99 $ 23.56 $ 24.15 Secretary III 29 $ 20.86 $ 21.38 $ 21.91 $ 22.46 $ 23.02 $ 23.60 $ 24.19 $ 24.79 $ 25.41 $ 26.05 $ 26.70 Senior Accountant MM45 $ 31.27 $ 32.05 $ 32.85 $ 33.67 $ 34.51 $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 Senior Administrative Supervisor MM45 $ 31.27 $ 32.05 $ 32.85 $ 33.67 $ 34.51 $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 Senior Building Inspector MM46 $ 32.07 $ 32.87 $ 33.69 $ 34.53 $ 35.39 $ 36.27 $ 37.18 $ 38.11 $ 39.06 $ 40.04 $ 41.04 Senior Planner MM54 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 $ 46.44 $ 47.60 $ 48.79 $ 50.01 Site Supervisor 15 $ 15.60 $ 15.99 $ 16.39 $ 16.80 $ 17.22 $ 17.65 $ 18.09 $ 18.54 $ 19.00 $ 19.48 $ 19.97 Specialized Service Maint. Wkr I 25 $ 18.87 $ 19.34 $ 19.82 $ 20.32 $ 20.83 $ 21.35 $ 21.88 $ 22.43 $ 22.99 $ 23.56 $ 24.15 Specialized Service Maint. Wkr II 33 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 $ 29.49 Specialized Service Maint. Wkr III 37 $ 25.41 $ 26.05 $ 26.70 $ 27.37 $ 28.05 $ 28.75 $ 29.47 $ 30.21 $ 30.97 $ 31.74 $ 32.53 Streets & Construction Supervisor MM45 $ 31.27 $ 32.05 $ 32.85 $ 33.67 $ 34.51 $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 Streets & Construction Worker I 24 $ 18.45 $ 18.91 $ 19.38 $ 19.86 $ 20.36 $ 20.87 $ 21.39 $ 21.92 $ 22.47 $ 23.03 $ 23.61 Streets & Construction Worker II 30 $ 21.39 $ 21.92 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 Streets & Construction Worker III 34 $ 23.62 $ 24.21 $ 24.82 $ 25.44 $ 26.08 $ 26.73 $ 27.40 $ 28.09 $ 28.79 $ 29.51 $ 30.25 Systems Technician 32 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 Transit Coordinator 32 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 Transit Driver 20 $ 16.70 $ 17.12 $ 17.55 $ 17.99 $ 18.44 $ 18.90 $ 19.37 $ 19.85 $ 20.35 $ 20.86 $ 21.38 Transit Driver I/Dispatcher 22 $ 17.56 $ 18.00 $ 18.45 $ 18.91 $ 19.38 $ 19.86 $ 20.36 $ 20.87 $ 21.39 $ 21.92 $ 22.47 Transit Driver II 25 $ 18.87 $ 19.34 $ 19.82 $ 20.32 $ 20.83 $ 21.35 $ 21.88 $ 22.43 $ 22.99 $ 23.56 $ 24.15 Utility Systems Supervisor MM46 $ 32.07 $ 32.87 $ 33.69 $ 34.53 $ 35.39 $ 36.27 $ 37.18 $ 38.11 $ 39.06 $ 40.04 $ 41.04 Utility Worker 22 $ 17.56 $ 18.00 $ 18.45 $ 18.91 $ 19.38 $ 19.86 $ 20.36 $ 20.87 $ 21.39 $ 21.92 $ 22.47 Waste Water Systems Supervisor MM46 $ 32.07 $ 32.87 $ 33.69 $ 34.53 $ 35.39 $ 36.27 $ 37.18 $ 38.11 $ 39.06 $ 40.04 $ 41.04 Wastewater Treatment Plant Operator I 29 $ 20.86 $ 21.38 $ 21.91 $ 22.46 $ 23.02 $ 23.60 $ 24.19 $ 24.79 $ 25.41 $ 26.05 $ 26.70 Wastewater Treatment Plant Operator II 32 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 $ 25.43 $ 26.07 $ 26.72 $ 27.39 $ 28.07 $ 28.77 Wastewater Treatment Plant Operator III 36 $ 24.77 $ 25.39 $ 26.02 $ 26.67 $ 27.34 $ 28.02 $ 28.72 $ 29.44 $ 30.18 $ 30.93 $ 31.70 Wastewater Treatment Plant Operator Trainee 19 $ 16.31 $ 16.72 $ 17.14 $ 17.57 $ 18.01 $ 18.46 $ 18.92 $ 19.39 $ 19.87 $ 20.37 $ 20.88 Water Conservation Worker 17 $ 15.60 $ 15.99 $ 16.39 $ 16.80 $ 17.22 $ 17.65 $ 18.09 $ 18.54 $ 19.00 $ 19.48 $ 19.97 Water Systems Supervisor MM46 $ 32.07 $ 32.87 $ 33.69 $ 34.53 $ 35.39 $ 36.27 $ 37.18 $ 38.11 $ 39.06 $ 40.04 $ 41.04 Water Systems Worker I 26 $ 19.38 $ 19.86 $ 20.36 $ 20.87 $ 21.39 $ 21.92 $ 22.47 $ 23.03 $ 23.61 $ 24.20 $ 24.81 Water Systems Worker II 31 $ 21.93 $ 22.48 $ 23.04 $ 23.62 $ 24.21 $ 24.82 $ 25.44 $ 26.08 $ 26.73 $ 27.40 $ 28.09 Water Systems Worker III 36 $ 24.77 $ 25.39 $ 26.02 $ 26.67 $ 27.34 $ 28.02 $ 28.72 $ 29.44 $ 30.18 $ 30.93 $ 31.70 There is a 2.5% increase between for all positions between steps and 1/2 steps. City employees in any of the above classifications may be catergorized as permanent full time, permanent part time, retired annuitant, or extra help (unrepresented part time) as designated in their offer letter and on the Personnel Action Form (PAF) at time of hire. Retired annuitants, permanent part time and extra help will only receive benefits as permitted by State and Federal Laws. SALARY may increase automatically on the Salary Scale for California Minimum Wage Increases. Exempt employees and is paid based on an annual wage divided by 26 pay periods. **Contracted employees in the Mxx series are the Chief of Police and the City Administrator are paid in accordance with their contract, if a new amount is contracted then the salary scale will be updated
Grade A A 1/2 B B 1/2 C C 1/2 D D 1/2 E E 1/2 F
Account Clerk I 22 $ 36,524.80 $ 37,437.92 $ 38,373.87 $ 39,333.21 $ 40,316.55 $ 41,324.46 $ 42,357.57 $ 43,416.51 $ 44,501.92 $ 45,614.47 $ 46,754.83 Account Clerk II 25 $ 39,249.60 $ 40,230.84 $ 41,236.61 $ 42,267.53 $ 43,324.21 $ 44,407.32 $ 45,517.50 $ 46,655.44 $ 47,821.83 $ 49,017.37 $ 50,242.81 Account Clerk III 29 $ 43,388.80 $ 44,473.52 $ 45,585.36 $ 46,724.99 $ 47,893.12 $ 49,090.44 $ 50,317.71 $ 51,575.65 $ 52,865.04 $ 54,186.67 $ 55,541.33 Accounting & Payroll Analyst-Confidential MM33 $48,360.00 $49,569.00 $50,808.23 $52,078.43 $53,380.39 $54,714.90 $56,082.77 $57,484.84 $58,921.96 $60,395.01 $61,904.89 Accounting Analyst 33 $ 47,902.40 $ 49,099.96 $ 50,327.46 $ 51,585.65 $ 52,875.29 $ 54,197.17 $ 55,552.10 $ 56,940.90 $ 58,364.42 $ 59,823.53 $ 61,319.12 Accounting Manager MM50 $ 73,611.20 $ 75,451.48 $ 77,337.77 $ 79,271.21 $ 81,252.99 $ 83,284.32 $ 85,366.42 $ 87,500.58 $ 89,688.10 $ 91,930.30 $ 94,228.56 Administrative Analyst 33 $ 47,902.40 $ 49,099.96 $ 50,327.46 $ 51,585.65 $ 52,875.29 $ 54,197.17 $ 55,552.10 $ 56,940.90 $ 58,364.42 $ 59,823.53 $ 61,319.12 Administrative Secretary (Confidential) MM32 $47,195.20 $48,375.08 $49,584.46 $50,824.07 $52,094.67 $53,397.04 $54,731.96 $56,100.26 $57,502.77 $58,940.34 $60,413.85 Administrative Supervisor MM40 $57,512.00 $58,949.80 $60,423.55 $61,934.13 $63,482.49 $65,069.55 $66,696.29 $68,363.70 $70,072.79 $71,824.61 $73,620.22 Administrative Supervisor P40 $ 58,593.60 $ 60,058.44 $ 61,559.90 $ 63,098.90 $ 64,676.37 $ 66,293.28 $ 67,950.61 $ 69,649.38 $ 71,390.61 $ 73,175.38 $ 75,004.76 Animal Control Officer P26 $ 41,475.20 $ 42,512.08 $ 43,574.88 $ 44,664.25 $ 45,780.86 $ 46,925.38 $ 48,098.52 $ 49,300.98 $ 50,533.50 $ 51,796.84 $ 53,091.76 Assistant City Administrator* M2 $ 131,268.80 $ 134,550.52 $ 137,914.28 $ 141,362.14 $ 144,896.19 $ 148,518.60 $ 152,231.56 $ 156,037.35 $ 159,938.29 $ 163,936.74 $ 168,035.16 Building Inspector I 35 $ 50,336.00 $ 51,594.40 $ 52,884.26 $ 54,206.37 $ 55,561.53 $ 56,950.56 $ 58,374.33 $ 59,833.69 $ 61,329.53 $ 62,862.77 $ 64,434.34 Building Inspector II MM40 $ 57,512.00 $ 58,949.80 $ 60,423.55 $ 61,934.13 $ 63,482.49 $ 65,069.55 $ 66,696.29 $ 68,363.70 $ 70,072.79 $ 71,824.61 $ 73,620.22 Building Official MM45 $ 65,041.60 $ 66,667.64 $ 68,334.33 $ 70,042.69 $ 71,793.76 $ 73,588.60 $ 75,428.32 $ 77,314.02 $ 79,246.87 $ 81,228.05 $ 83,258.75 Chief Mechanic MM45 $ 65,041.60 $ 66,667.64 $ 68,334.33 $ 70,042.69 $ 71,793.76 $ 73,588.60 $ 75,428.32 $ 77,314.02 $ 79,246.87 $ 81,228.05 $ 83,258.75 Chief of Police** M3 $ 124,404.80 $ 127,514.92 $ 130,702.79 $ 133,970.36 $ 137,319.62 $ 140,752.61 $ 144,271.43 $ 147,878.21 $ 151,575.17 $ 155,364.55 $ 159,248.66 City Administrator** M1 $ 147,638.40 $ 151,329.36 $ 155,112.59 $ 158,990.41 $ 162,965.17 $ 167,039.30 $ 171,215.28 $ 175,495.66 $ 179,883.05 $ 184,380.13 $ 188,989.63 City Clerk* M7 $ 83,865.60 $ 85,962.24 $ 88,111.30 $ 90,314.08 $ 92,571.93 $ 94,886.23 $ 97,258.38 $ 99,689.84 $ 102,182.09 $ 104,736.64 $ 107,355.06 Clerk Technician 19 $ 33,924.80 $ 34,772.92 $ 35,642.24 $ 36,533.30 $ 37,446.63 $ 38,382.80 $ 39,342.37 $ 40,325.93 $ 41,334.07 $ 42,367.43 $ 43,426.61 Clerk Typist/Office Assistant 1 $ 32,448.00 $ 33,259.20 $ 34,090.68 $ 34,942.95 $ 35,816.52 $ 36,711.93 $ 37,629.73 $ 38,570.48 $ 39,534.74 $ 40,523.11 $ 41,536.18 Code Enforcement Officer 36 $ 51,521.60 $ 52,809.64 $ 54,129.88 $ 55,483.13 $ 56,870.21 $ 58,291.96 $ 59,749.26 $ 61,242.99 $ 62,774.07 $ 64,343.42 $ 65,952.00 Community Development Manager MM50 $ 73,611.20 $ 75,451.48 $ 77,337.77 $ 79,271.21 $ 81,252.99 $ 83,284.32 $ 85,366.42 $ 87,500.58 $ 89,688.10 $ 91,930.30 $ 94,228.56 Community Service Officer/Dispatcher P28 $ 43,555.20 $ 44,644.08 $ 45,760.18 $ 46,904.19 $ 48,076.79 $ 49,278.71 $ 50,510.68 $ 51,773.45 $ 53,067.78 $ 54,394.48 $ 55,754.34 Community Services/Transit Supervisor MM40 $ 57,512.00 $ 58,949.80 $ 60,423.55 $ 61,934.13 $ 63,482.49 $ 65,069.55 $ 66,696.29 $ 68,363.70 $ 70,072.79 $ 71,824.61 $ 73,620.22 Community/Economic Development Specialist MM48 $ 70,033.60 $ 71,784.44 $ 73,579.05 $ 75,418.53 $ 77,303.99 $ 79,236.59 $ 81,217.50 $ 83,247.94 $ 85,329.14 $ 87,462.37 $ 89,648.93 Community/Economic Development Director* M5 $ 114,483.20 $ 117,345.28 $ 120,278.91 $ 123,285.88 $ 126,368.03 $ 129,527.23 $ 132,765.41 $ 136,084.55 $ 139,486.66 $ 142,973.83 $ 146,548.17 CSO/Dispatcher Relief P15 $ 33,384.00 $ 34,218.60 $ 35,074.07 $ 35,950.92 $ 36,849.69 $ 37,770.93 $ 38,715.21 $ 39,683.09 $ 40,675.16 $ 41,692.04 $ 42,734.34 CSO/Records Supervisor P33 $49,275.20 $50,507.08 $51,769.76 $53,064.00 $54,390.60 $55,750.37 $57,144.13 $58,572.73 $60,037.05 $61,537.97 $63,076.42 Deputy City Clerk/Secretary II (Admin) 35 $ 50,336.00 $ 51,594.40 $ 52,884.26 $ 54,206.37 $ 55,561.53 $ 56,950.56 $ 58,374.33 $ 59,833.69 $ 61,329.53 $ 62,862.77 $ 64,434.34 Deputy Director of Administrative Services MM54 $ 81,244.80 $ 83,275.92 $ 85,357.82 $ 87,491.76 $ 89,679.06 $ 91,921.03 $ 94,219.06 $ 96,574.54 $ 98,988.90 $ 101,463.62 $ 104,000.21 Deputy Director of Community Development MM54 $ 81,244.80 $ 83,275.92 $ 85,357.82 $ 87,491.76 $ 89,679.06 $ 91,921.03 $ 94,219.06 $ 96,574.54 $ 98,988.90 $ 101,463.62 $ 104,000.21 City of Chowchilla
Salary Scale - Annually
7/1/2022 (INCLUDES 4% COLA OEA/CEA, 5% Mid Management/Management, 7% for PD)

CLASSIFICATION HOURLY
Grade A A 1/2 B B 1/2 C C 1/2 D D 1/2 E E 1/2 F
City of Chowchilla
Salary Scale - Annually
7/1/2022 (INCLUDES 4% COLA OEA/CEA, 5% Mid Management/Management, 7% for PD)

CLASSIFICATION HOURLY
Deputy Director of Public Works MM57 $ 87,422.40 $ 89,607.96 $ 91,848.16 $ 94,144.36 $ 96,497.97 $ 98,910.42 $ 101,383.18 $ 103,917.76 $ 106,515.71 $ 109,178.60 $ 111,908.06 Director of Parks, Rec. & Community Services* M11 $ 93,787.20 $ 96,131.88 $ 98,535.18 $ 100,998.56 $ 103,523.52 $ 106,111.61 $ 108,764.40 $ 111,483.51 $ 114,270.60 $ 117,127.36 $ 120,055.55 Director of Public Works* M6 $ 114,067.20 $ 116,918.88 $ 119,841.85 $ 122,837.90 $ 125,908.85 $ 129,056.57 $ 132,282.98 $ 135,590.06 $ 138,979.81 $ 142,454.30 $ 146,015.66 Deputy Director of Recreation & Community
Engagement
M7 $ 83,865.60 $ 85,962.24 $ 88,111.30 $ 90,314.08 $ 92,571.93 $ 94,886.23 $ 97,258.38 $ 99,689.84 $ 102,182.09 $ 104,736.64 $ 107,355.06 Director of Recreation & Community Engagement* M11 $ 93,787.20 $ 96,131.88 $ 98,535.18 $ 100,998.56 $ 103,523.52 $ 106,111.61 $ 108,764.40 $ 111,483.51 $ 114,270.60 $ 117,127.36 $ 120,055.55 Engineer I MM48 $ 70,033.60 $ 71,784.44 $ 73,579.05 $ 75,418.53 $ 77,303.99 $ 79,236.59 $ 81,217.50 $ 83,247.94 $ 85,329.14 $ 87,462.37 $ 89,648.93 Engineer II MM50 $ 73,611.20 $ 75,451.48 $ 77,337.77 $ 79,271.21 $ 81,252.99 $ 83,284.32 $ 85,366.42 $ 87,500.58 $ 89,688.10 $ 91,930.30 $ 94,228.56 Engineer III MM54 $ 81,244.80 $ 83,275.92 $ 85,357.82 $ 87,491.76 $ 89,679.06 $ 91,921.03 $ 94,219.06 $ 96,574.54 $ 98,988.90 $ 101,463.62 $ 104,000.21 Equipment Mechanic Helper 21 $ 35,672.00 $ 36,563.80 $ 37,477.90 $ 38,414.84 $ 39,375.21 $ 40,359.59 $ 41,368.58 $ 42,402.80 $ 43,462.87 $ 44,549.44 $ 45,663.18 Equipment Mechanic I 25 $ 39,249.60 $ 40,230.84 $ 41,236.61 $ 42,267.53 $ 43,324.21 $ 44,407.32 $ 45,517.50 $ 46,655.44 $ 47,821.83 $ 49,017.37 $ 50,242.81 Equipment Mechanic II 31 $ 45,614.40 $ 46,754.76 $ 47,923.63 $ 49,121.72 $ 50,349.76 $ 51,608.51 $ 52,898.72 $ 54,221.19 $ 55,576.72 $ 56,966.14 $ 58,390.29 Equipment Mechanic III 37 $ 52,852.80 $ 54,174.12 $ 55,528.47 $ 56,916.68 $ 58,339.60 $ 59,798.09 $ 61,293.04 $ 62,825.37 $ 64,396.00 $ 66,005.90 $ 67,656.05 Equipment Operator 30 $ 44,491.20 $ 45,603.48 $ 46,743.57 $ 47,912.16 $ 49,109.96 $ 50,337.71 $ 51,596.15 $ 52,886.06 $ 54,208.21 $ 55,563.41 $ 56,952.50 Executive Assistant to City Administrator MM40 $ 57,512.00 $ 58,949.80 $ 60,423.55 $ 61,934.13 $ 63,482.49 $ 65,069.55 $ 66,696.29 $ 68,363.70 $ 70,072.79 $ 71,824.61 $ 73,620.22 Finance Director* M8 $ 117,603.20 $ 120,543.28 $ 123,556.86 $ 126,645.78 $ 129,811.93 $ 133,057.23 $ 136,383.66 $ 139,793.25 $ 143,288.08 $ 146,870.28 $ 150,542.04 Fire Battalion Chief 53 $ 80,121.60 $ 82,124.64 $ 84,177.76 $ 86,282.20 $ 88,439.25 $ 90,650.24 $ 92,916.49 $ 95,239.40 $ 97,620.39 $ 100,060.90 $ 102,562.42 Fire Chief/Code Enforcement Officer* M4 $ 105,809.60 $ 108,454.84 $ 111,166.21 $ 113,945.37 $ 116,794.00 $ 119,713.85 $ 122,706.70 $ 125,774.36 $ 128,918.72 $ 132,141.69 $ 135,445.23 Fire Hydrant Specialist 28 $ 42,328.00 $ 43,386.20 $ 44,470.86 $ 45,582.63 $ 46,722.19 $ 47,890.25 $ 49,087.50 $ 50,314.69 $ 51,572.56 $ 52,861.87 $ 54,183.42 Fire Inspector MM40 $ 57,512.00 $ 58,949.80 $ 60,423.55 $ 61,934.13 $ 63,482.49 $ 65,069.55 $ 66,696.29 $ 68,363.70 $ 70,072.79 $ 71,824.61 $ 73,620.22 Human Resources Analyst MM35 $50,835.20 $52,106.08 $53,408.73 $54,743.95 $56,112.55 $57,515.36 $58,953.25 $60,427.08 $61,937.75 $63,486.20 $65,073.35 Information Technology Manager MM48 $ 70,033.60 $ 71,784.44 $ 73,579.05 $ 75,418.53 $ 77,303.99 $ 79,236.59 $ 81,217.50 $ 83,247.94 $ 85,329.14 $ 87,462.37 $ 89,648.93 Information Technology Systems Administrator MM45 $ 65,041.60 $ 66,667.64 $ 68,334.33 $ 70,042.69 $ 71,793.76 $ 73,588.60 $ 75,428.32 $ 77,314.02 $ 79,246.87 $ 81,228.05 $ 83,258.75 Laborer I 1 $ 32,448.00 $ 33,259.20 $ 34,090.68 $ 34,942.95 $ 35,816.52 $ 36,711.93 $ 37,629.73 $ 38,570.48 $ 39,534.74 $ 40,523.11 $ 41,536.18 Laborer II P5 $ 33,384.00 $ 34,218.60 $ 35,074.07 $ 35,950.92 $ 36,849.69 $ 37,770.93 $ 38,715.21 $ 39,683.09 $ 40,675.16 $ 41,692.04 $ 42,734.34 Laborer III 12 $ 32,448.00 $ 33,259.20 $ 34,090.68 $ 34,942.95 $ 35,816.52 $ 36,711.93 $ 37,629.73 $ 38,570.48 $ 39,534.74 $ 40,523.11 $ 41,536.18 Maintenance Worker I 19 $ 33,924.80 $ 34,772.92 $ 35,642.24 $ 36,533.30 $ 37,446.63 $ 38,382.80 $ 39,342.37 $ 40,325.93 $ 41,334.07 $ 42,367.43 $ 43,426.61 Maintenance Worker II 23 $ 37,419.20 $ 38,354.68 $ 39,313.55 $ 40,296.39 $ 41,303.80 $ 42,336.39 $ 43,394.80 $ 44,479.67 $ 45,591.66 $ 46,731.45 $ 47,899.74 Parks & Facilities Supervisor MM40 $ 57,512.00 $ 58,949.80 $ 60,423.55 $ 61,934.13 $ 63,482.49 $ 65,069.55 $ 66,696.29 $ 68,363.70 $ 70,072.79 $ 71,824.61 $ 73,620.22 Parks & Facilities Worker I 24 $ 38,376.00 $ 39,335.40 $ 40,318.79 $ 41,326.75 $ 42,359.92 $ 43,418.92 $ 44,504.39 $ 45,617.00 $ 46,757.43 $ 47,926.37 $ 49,124.52 Parks & Facilities Worker II 28 $ 42,328.00 $ 43,386.20 $ 44,470.86 $ 45,582.63 $ 46,722.19 $ 47,890.25 $ 49,087.50 $ 50,314.69 $ 51,572.56 $ 52,861.87 $ 54,183.42 Parks & Facilities Worker III 32 $ 46,737.60 $ 47,906.04 $ 49,103.69 $ 50,331.28 $ 51,589.57 $ 52,879.30 $ 54,201.29 $ 55,556.32 $ 56,945.23 $ 58,368.86 $ 59,828.08 Parks Worker 20 $ 34,736.00 $ 35,604.40 $ 36,494.51 $ 37,406.87 $ 38,342.04 $ 39,300.60 $ 40,283.11 $ 41,290.19 $ 42,322.44 $ 43,380.50 $ 44,465.02 Grade A A 1/2 B B 1/2 C C 1/2 D D 1/2 E E 1/2 F
City of Chowchilla
Salary Scale - Annually
7/1/2022 (INCLUDES 4% COLA OEA/CEA, 5% Mid Management/Management, 7% for PD)

CLASSIFICATION HOURLY
Permit Technician I 30 $ 44,491.20 $ 45,603.48 $ 46,743.57 $ 47,912.16 $ 49,109.96 $ 50,337.71 $ 51,596.15 $ 52,886.06 $ 54,208.21 $ 55,563.41 $ 56,952.50 Permit Technician II 35 $ 50,336.00 $ 51,594.40 $ 52,884.26 $ 54,206.37 $ 55,561.53 $ 56,950.56 $ 58,374.33 $ 59,833.69 $ 61,329.53 $ 62,862.77 $ 64,434.34 Police Commander* M9 $ 86,756.80 $ 88,925.72 $ 91,148.86 $ 93,427.58 $ 95,763.27 $ 98,157.36 $ 100,611.29 $ 103,126.57 $ 105,704.74 $ 108,347.35 $ 111,056.04 Police Lieutenant* 54 $ 81,244.80 $ 83,275.92 $ 85,357.82 $ 87,491.76 $ 89,679.06 $ 91,921.03 $ 94,219.06 $ 96,574.54 $ 98,988.90 $ 101,463.62 $ 104,000.21 Police Officer I P38 $ 55,744.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Police Officer I Reserve P21 $ 36,691.20 $ 37,608.48 $ 38,548.69 $ 39,512.41 $ 40,500.22 $ 41,512.73 $ 42,550.54 $ 43,614.31 $ 44,704.66 $ 45,822.28 $ 46,967.84 Police Officer II P40 $ 58,593.60 $ 60,058.44 $ 61,559.90 $ 63,098.90 $ 64,676.37 $ 66,293.28 $ 67,950.61 $ 69,649.38 $ 71,390.61 $ 73,175.38 $ 75,004.76 Police Officer II Reserve P35 $ 51,792.00 $ 53,086.80 $ 54,413.97 $ 55,774.32 $ 57,168.68 $ 58,597.89 $ 60,062.84 $ 61,564.41 $ 63,103.52 $ 64,681.11 $ 66,298.14 Police Officer Provisional P35 $ 51,792.00 $ 53,086.80 $ 54,413.97 $ 55,774.32 $ 57,168.68 $ 58,597.89 $ 60,062.84 $ 61,564.41 $ 63,103.52 $ 64,681.11 $ 66,298.14 Police Officer Trainee P27 $ 46,966.40 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Police Sergeant P48 $ 78,790.40 $ 80,760.16 $ 82,779.16 $ 84,848.64 $ 86,969.86 $ 89,144.11 $ 91,372.71 $ 93,657.03 $ 95,998.45 $ 98,398.41 $ 100,858.37 Program Analyst 32 $ 46,737.60 $ 47,906.04 $ 49,103.69 $ 50,331.28 $ 51,589.57 $ 52,879.30 $ 54,201.29 $ 55,556.32 $ 56,945.23 $ 58,368.86 $ 59,828.08 Program Clerk/Engineering Technician (Intern) 23 $ 37,419.20 $ 38,354.68 $ 39,313.55 $ 40,296.39 $ 41,303.80 $ 42,336.39 $ 43,394.80 $ 44,479.67 $ 45,591.66 $ 46,731.45 $ 47,899.74 Program Coordinator I 24 $ 38,376.00 $ 39,335.40 $ 40,318.79 $ 41,326.75 $ 42,359.92 $ 43,418.92 $ 44,504.39 $ 45,617.00 $ 46,757.43 $ 47,926.37 $ 49,124.52 Program Coordinator II 28 $ 42,328.00 $ 43,386.20 $ 44,470.86 $ 45,582.63 $ 46,722.19 $ 47,890.25 $ 49,087.50 $ 50,314.69 $ 51,572.56 $ 52,861.87 $ 54,183.42 Program Coordinator III/Specialist 32 $ 46,737.60 $ 47,906.04 $ 49,103.69 $ 50,331.28 $ 51,589.57 $ 52,879.30 $ 54,201.29 $ 55,556.32 $ 56,945.23 $ 58,368.86 $ 59,828.08 Program Supervisor MM15 $ 32,448.00 $ 33,259.20 $ 34,090.68 $ 34,942.95 $ 35,816.52 $ 36,711.93 $ 37,629.73 $ 38,570.48 $ 39,534.74 $ 40,523.11 $ 41,536.18 Project Analyst 30 $ 44,491.20 $ 45,603.48 $ 46,743.57 $ 47,912.16 $ 49,109.96 $ 50,337.71 $ 51,596.15 $ 52,886.06 $ 54,208.21 $ 55,563.41 $ 56,952.50 Project Manager MM54 $ 81,244.80 $ 83,275.92 $ 85,357.82 $ 87,491.76 $ 89,679.06 $ 91,921.03 $ 94,219.06 $ 96,574.54 $ 98,988.90 $ 101,463.62 $ 104,000.21 Project Permit Supervisor MM43 $ 61,880.00 $ 63,427.00 $ 65,012.68 $ 66,637.99 $ 68,303.94 $ 70,011.54 $ 71,761.83 $ 73,555.87 $ 75,394.77 $ 77,279.64 $ 79,211.63 Public Services Superintendent MM52 $ 77,251.20 $ 79,182.48 $ 81,162.04 $ 83,191.09 $ 85,270.87 $ 87,402.64 $ 89,587.71 $ 91,827.40 $ 94,123.09 $ 96,476.16 $ 98,888.07 Public Services Worker 22 $ 36,524.80 $ 37,437.92 $ 38,373.87 $ 39,333.21 $ 40,316.55 $ 41,324.46 $ 42,357.57 $ 43,416.51 $ 44,501.92 $ 45,614.47 $ 46,754.83 Public Works Supervisor MM46 $ 66,705.60 $ 68,373.24 $ 70,082.57 $ 71,834.64 $ 73,630.50 $ 75,471.26 $ 77,358.05 $ 79,292.00 $ 81,274.30 $ 83,306.15 $ 85,388.81 Records Coordinator M10 $ 44,491.20 $ 45,603.48 $ 46,743.57 $ 47,912.16 $ 49,109.96 $ 50,337.71 $ 51,596.15 $ 52,886.06 $ 54,208.21 $ 55,563.41 $ 56,952.50 Recreation & Community Outreach Manager 30 $ 72,321.60 $ 74,129.64 $ 75,982.88 $ 77,882.45 $ 79,829.51 $ 81,825.25 $ 83,870.88 $ 85,967.66 $ 88,116.85 $ 90,319.77 $ 92,577.76 Secretary I 22 $ 36,524.80 $ 37,437.92 $ 38,373.87 $ 39,333.21 $ 40,316.55 $ 41,324.46 $ 42,357.57 $ 43,416.51 $ 44,501.92 $ 45,614.47 $ 46,754.83 Secretary II 25 $ 39,249.60 $ 40,230.84 $ 41,236.61 $ 42,267.53 $ 43,324.21 $ 44,407.32 $ 45,517.50 $ 46,655.44 $ 47,821.83 $ 49,017.37 $ 50,242.81 Secretary III 29 $ 43,388.80 $ 44,473.52 $ 45,585.36 $ 46,724.99 $ 47,893.12 $ 49,090.44 $ 50,317.71 $ 51,575.65 $ 52,865.04 $ 54,186.67 $ 55,541.33 Senior Accountant MM45 $ 65,041.60 $ 66,667.64 $ 68,334.33 $ 70,042.69 $ 71,793.76 $ 73,588.60 $ 75,428.32 $ 77,314.02 $ 79,246.87 $ 81,228.05 $ 83,258.75 Senior Administrative Supervisor MM45 $ 65,041.60 $ 66,667.64 $ 68,334.33 $ 70,042.69 $ 71,793.76 $ 73,588.60 $ 75,428.32 $ 77,314.02 $ 79,246.87 $ 81,228.05 $ 83,258.75 Senior Building Inspector MM46 $ 66,705.60 $ 68,373.24 $ 70,082.57 $ 71,834.64 $ 73,630.50 $ 75,471.26 $ 77,358.05 $ 79,292.00 $ 81,274.30 $ 83,306.15 $ 85,388.81 Senior Planner MM54 $ 81,244.80 $ 83,275.92 $ 85,357.82 $ 87,491.76 $ 89,679.06 $ 91,921.03 $ 94,219.06 $ 96,574.54 $ 98,988.90 $ 101,463.62 $ 104,000.21 Grade A A 1/2 B B 1/2 C C 1/2 D D 1/2 E E 1/2 F
City of Chowchilla
Salary Scale - Annually
7/1/2022 (INCLUDES 4% COLA OEA/CEA, 5% Mid Management/Management, 7% for PD)

CLASSIFICATION HOURLY
Site Supervisor 15 $ 32,448.00 $ 33,259.20 $ 34,090.68 $ 34,942.95 $ 35,816.52 $ 36,711.93 $ 37,629.73 $ 38,570.48 $ 39,534.74 $ 40,523.11 $ 41,536.18 Specialized Service Maint. Wkr I 25 $ 39,249.60 $ 40,230.84 $ 41,236.61 $ 42,267.53 $ 43,324.21 $ 44,407.32 $ 45,517.50 $ 46,655.44 $ 47,821.83 $ 49,017.37 $ 50,242.81 Specialized Service Maint. Wkr II 33 $ 47,902.40 $ 49,099.96 $ 50,327.46 $ 51,585.65 $ 52,875.29 $ 54,197.17 $ 55,552.10 $ 56,940.90 $ 58,364.42 $ 59,823.53 $ 61,319.12 Specialized Service Maint. Wkr III 37 $ 52,852.80 $ 54,174.12 $ 55,528.47 $ 56,916.68 $ 58,339.60 $ 59,798.09 $ 61,293.04 $ 62,825.37 $ 64,396.00 $ 66,005.90 $ 67,656.05 Streets & Construction Supervisor MM45 $ 65,041.60 $ 66,667.64 $ 68,334.33 $ 70,042.69 $ 71,793.76 $ 73,588.60 $ 75,428.32 $ 77,314.02 $ 79,246.87 $ 81,228.05 $ 83,258.75 Streets & Construction Worker I 24 $ 38,376.00 $ 39,335.40 $ 40,318.79 $ 41,326.75 $ 42,359.92 $ 43,418.92 $ 44,504.39 $ 45,617.00 $ 46,757.43 $ 47,926.37 $ 49,124.52 Streets & Construction Worker II 30 $ 44,491.20 $ 45,603.48 $ 46,743.57 $ 47,912.16 $ 49,109.96 $ 50,337.71 $ 51,596.15 $ 52,886.06 $ 54,208.21 $ 55,563.41 $ 56,952.50 Streets & Construction Worker III 34 $ 49,129.60 $ 50,357.84 $ 51,616.79 $ 52,907.21 $ 54,229.89 $ 55,585.63 $ 56,975.27 $ 58,399.66 $ 59,859.65 $ 61,356.14 $ 62,890.04 Systems Technician 32 $ 46,737.60 $ 47,906.04 $ 49,103.69 $ 50,331.28 $ 51,589.57 $ 52,879.30 $ 54,201.29 $ 55,556.32 $ 56,945.23 $ 58,368.86 $ 59,828.08 Transit Coordinator 32 $ 46,737.60 $ 47,906.04 $ 49,103.69 $ 50,331.28 $ 51,589.57 $ 52,879.30 $ 54,201.29 $ 55,556.32 $ 56,945.23 $ 58,368.86 $ 59,828.08 Transit Driver 20 $ 34,736.00 $ 35,604.40 $ 36,494.51 $ 37,406.87 $ 38,342.04 $ 39,300.60 $ 40,283.11 $ 41,290.19 $ 42,322.44 $ 43,380.50 $ 44,465.02 Transit Driver I/Dispatcher 22 $ 36,524.80 $ 37,437.92 $ 38,373.87 $ 39,333.21 $ 40,316.55 $ 41,324.46 $ 42,357.57 $ 43,416.51 $ 44,501.92 $ 45,614.47 $ 46,754.83 Transit Driver II 25 $ 39,249.60 $ 40,230.84 $ 41,236.61 $ 42,267.53 $ 43,324.21 $ 44,407.32 $ 45,517.50 $ 46,655.44 $ 47,821.83 $ 49,017.37 $ 50,242.81 Utility Systems Supervisor MM46 $ 66,705.60 $ 68,373.24 $ 70,082.57 $ 71,834.64 $ 73,630.50 $ 75,471.26 $ 77,358.05 $ 79,292.00 $ 81,274.30 $ 83,306.15 $ 85,388.81 Utility Worker 22 $ 36,524.80 $ 37,437.92 $ 38,373.87 $ 39,333.21 $ 40,316.55 $ 41,324.46 $ 42,357.57 $ 43,416.51 $ 44,501.92 $ 45,614.47 $ 46,754.83 Waste Water Systems Supervisor MM46 $ 66,705.60 $ 68,373.24 $ 70,082.57 $ 71,834.64 $ 73,630.50 $ 75,471.26 $ 77,358.05 $ 79,292.00 $ 81,274.30 $ 83,306.15 $ 85,388.81 Wastewater Treatment Plant Operator I 29 $ 43,388.80 $ 44,473.52 $ 45,585.36 $ 46,724.99 $ 47,893.12 $ 49,090.44 $ 50,317.71 $ 51,575.65 $ 52,865.04 $ 54,186.67 $ 55,541.33 Wastewater Treatment Plant Operator II 32 $ 46,737.60 $ 47,906.04 $ 49,103.69 $ 50,331.28 $ 51,589.57 $ 52,879.30 $ 54,201.29 $ 55,556.32 $ 56,945.23 $ 58,368.86 $ 59,828.08 Wastewater Treatment Plant Operator III 36 $ 51,521.60 $ 52,809.64 $ 54,129.88 $ 55,483.13 $ 56,870.21 $ 58,291.96 $ 59,749.26 $ 61,242.99 $ 62,774.07 $ 64,343.42 $ 65,952.00 Wastewater Treatment Plant Operator Trainee 19 $ 33,924.80 $ 34,772.92 $ 35,642.24 $ 36,533.30 $ 37,446.63 $ 38,382.80 $ 39,342.37 $ 40,325.93 $ 41,334.07 $ 42,367.43 $ 43,426.61 Water Conservation Worker 17 $ 32,448.00 $ 33,259.20 $ 34,090.68 $ 34,942.95 $ 35,816.52 $ 36,711.93 $ 37,629.73 $ 38,570.48 $ 39,534.74 $ 40,523.11 $ 41,536.18 Water Systems Supervisor MM46 $ 66,705.60 $ 68,373.24 $ 70,082.57 $ 71,834.64 $ 73,630.50 $ 75,471.26 $ 77,358.05 $ 79,292.00 $ 81,274.30 $ 83,306.15 $ 85,388.81 Water Systems Worker I 26 $ 40,310.40 $ 41,318.16 $ 42,351.11 $ 43,409.89 $ 44,495.14 $ 45,607.52 $ 46,747.71 $ 47,916.40 $ 49,114.31 $ 50,342.17 $ 51,600.72 Water Systems Worker II 31 $ 45,614.40 $ 46,754.76 $ 47,923.63 $ 49,121.72 $ 50,349.76 $ 51,608.51 $ 52,898.72 $ 54,221.19 $ 55,576.72 $ 56,966.14 $ 58,390.29 Water Systems Worker III 36 $ 51,521.60 $ 52,809.64 $ 54,129.88 $ 55,483.13 $ 56,870.21 $ 58,291.96 $ 59,749.26 $ 61,242.99 $ 62,774.07 $ 64,343.42 $ 65,952.00 NOTES:

There is a 2.5% increase between for all positions between steps and 1/2 steps. City employees in any of the above classifications may be catergorized as permanent full time, permanent part time, retired annuitant, or extra help (unrepresented part time) as designated in their offer letter and on the Personnel Action Form (PAF) at time of hire. Retired annuitants, permanent part time and extra help will only receive benefits as permitted by State and Federal Laws.

SALARY may increase automatically on the Salary Scale for California Minimum Wage Increases. Exempt employees and is paid based on an annual wage divided by 26 pay periods. **Contracted employees in the Mxx series are the Chief of Police and the City Administrator are paid in accordance with their contract, if a new amount is contracted then the salary scale will be updated

Chowchilla City CouncilAugust 23, 2022

Chowchilla City Council
August 23, 2022