CORCORAN CITY COUNCIL,
JOINT POWERS FINANCE AUTHORITY,
SUCCESSOR AGENCY FOR CORCORAN RDA,
& HOUSING AUTHORITY
AGENDA
Veteran's Memorial Building
1000 Van Dorsten Ave
Corcoran. CA 93212
Tuesday, January 23, 2024
5:30 P.M
Public Inspection: A detailed City Council packet is available for review at the City Clerk's Office, located at Corcoran City Hall, 832 Whitley Avenue.
Notice of ADA Compliance: In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at (559) 992-2151.
ROLL CALL Jeanette Zamora-Bragg
Vice Mayor: Pat Nolen
Council Member: Greg Ojeda
Council Member: Sidonio "Sid" Palmerin
Council Member: Jerry Robertson
INVOCATION
FLAG SALUTE
1. PUBLIC DISCUSSION (Verbal and Written)
Members of the audience may address the Council or submit written comments on non-agenda items; however, in accordance with government code section 54954.2, the Council may not (except in very specific instances) take action on an item not appearing on the posted agenda.
This is the time for members of the public to comment or provide written comments on any matter within the jurisdiction of the Corcoran City Council. This is also the public's opportunity to request that a Consent Calendar item be removed from that section and made a regular agenda item. The council members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.
After receiving recognition from the chair, speakers shall state their name and address and proceed with comments. Each speaker will be limited to five (5) minutes.
CONSENT CALENDAR (VV)
Il items listed under the consent calendar are routine and will be enacted by one motio • anyone desires discussion of any item on the consent calendar, the item can l remoyad at the request of any member of the City Council and made a part of the regular 2-A. Approval of minutes for the meeting of the City Council on January 9, 2024. 2-B. Authorization to read ordinances and resolutions by title only. 2-C. Approve Revision to Resolution 3980 regarding the approval of the 23 Cal Home application to the Housing and Community Development Department of the State of California. (HCD)
3. APPROPRIATIONS
3-A. Approval of Warrant Register dated January 23, 2024. (Pineda) (VV) PRESENTATIONS -None
5. PUBLIC HEARING
5-A. Public Hearing to discuss the City's Community Development Block Grant Closeout of 20-CDBG-CV-2-3-005 Grant. (Tromborg) (VV)
Open Public hearing
Staff Report
Accept written testimony
Accept oral testimony
Close hearing
Council discussion
By motion, approve/approve with changes/deny recommendation
6. STAFF REPORTS
6-A. Consider approval of revision to City improvements Standards for C-2, C-2A, C-4 and C4-A. (Tromborg) (VV)
Approve the Police Chief Employment Agreement and Salary Resolution Amendment. (Gatzka) (VV)
6-C. Consider approval of the Corcoran Chamber of Commerce Agreement and authorize the Mayor to sign on behalf of the City. (Gatzka) (VV)
MATTERS FOR MAYOR AND COUNCIL
6-A. Upcoming Events/Meetings
6-B. City Manager's Report
6-C. Council Comments/Staff Referral Items - Items of Interest (Non-action items the Council may wish to discuss)
6-D. Committee Reports
CLOSED SESSION -None
ADJOURNMENT
I certify that I caused this Agenda of the Corcoran City Council meeting to be posted at the City Council Chambers, 1000 Van Dorsten Avenue on January 19, 2024.
AYES: Nolen, Ojeda, Palmerin, Robertson and Zamora-Bragg NOES:
ABSENT:
ABSTAINED:
2-8. Approval tom to rea forthe mesing or shutiy by it on December 12, 2023. Authorization to read ordinances and resolutions by title only.
APPROPRIATIONS
Following Council discussion, a motion was made by Nolen and seconded by Palmerin to approve the Warrant Register dated December 26, 2023, and January 9, 2024. Motion carried by the following vote:
AYES: Nolen, Ojeda, Palmerin, Robertson and Zamora-Bragg NOES:
ABSENT:
4. PRESENTATIONS-None
5. PUBLIC HEARING -None
6. STAFF REPORT -None
7. MATTERS FOR MAYOR AND COUNCIL
6-A. Upcoming Events/Meetings
6-B. City Manager's Report
6-c. Council Comments/Staff Referral Items - Items of Interest (Non-action items the Council 6-D. Committee Reports
8. CLOSED SESSION
The City Council convened in closes session at 6:09 p.m. 8-A. PERSONNEL (Government Code § 54957(b))). It is the intention of this governing body to meet in closed-session to:
Consider the discipline, dismissal or release of a public employee.
Hear complaints or charges against a public employee.
Consider public employee appointment/employment for the position of:
Consider public employee performance evaluation for the position of:
City Manager
Regular Meeting Minutes Page 2 of 3
orcoran City Counci
anuary 9, 202
The regular meeting was reconvened at 7:13 p.m.
ADJOURNMENT 7:15 P.M.
Marlene Spain, City Clerk Mayor, Jeanette Zamora-Bragg
APPROVED DATE:
Regular Meeting Minutes Page 3 of 3
Corcoran City Council
January 9, 2024
City of
CORCORAN
FOUNDED 1914
A MUNICIPAL CORPORATION-
CONSENT CALANDER
ITEM #: 2-C
MEMORANDUM
TO: Corcoran City Council
FROM: Kevin J. Tromborg, Community Development Director DATE: January 18, 2024, MEETING DATE: January 23, 2024
SUBJECT: Revision to Resolution 3980 regarding the approval of the 23 Cal Home application to the Housing and Community Development Department of the State of California. (HCD)
RECOMMENDATION: Staff recommends approval of the required revisions of Resolution 3980 regarding the HCD /Cal Home application to be used for housing rehabilitation and First- Time home buyers.
DISCUSSION: HCD legal team has required minor revisions be made to resolution 3980 before the agreement can be processed. HCD requires the throughout the resolution the City of Corcoran be referred to as "The City of Corcoran, a California Municipal Corporation and that in section 3 and 4 The reference to grant be capitalized. The revisions were made and have been attached for City Council review.
BUDGET IMPACT: No impact
City Offices:
832 Whitley Avenue Corcoran, CA 93212 Phone 559.992.2151 www.cityofcoran.com •
RESOLUTION NO. 3980
A RESOLUTION OF THE CORCORAN CITY COUNCIL APPROVING AN
APPLICATION FOR FUNDING AND THE EXECUTION OF A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2022
HOMEOWNERSHIP SUPER NOFA (HOSN) DATED FEBRUARY 28, 2023.
BE IT RESOLVED by the City of Corcoran, a California municipal corporation as follows:
SECTION 1:
The City of Corcoran, a California Municipal Corporation has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, $5,000,000 for the following HOSN activities pursuant to the 2023 HOSN Notice of Funding Availability (NOFA):
List activities and amounts
CalHome Owner-Occupied Rehabilitation $ 500,000
CalHome First-Time Homebuyer Program $ 500,000
SECTION 2:
The City of Corcoran, a California Municipal Corporation hereby authorizes and directs the Corcoran City Manager, or designee, to execute and deliver all applications and act on the City of Corcoran's behalf in all matters pertaining to all such applications.
SECTION 3:
If an application is approved, the Corcoran City Manager, or designee, is authorized to enter in, execute and deliver the Standard Agreement and any/all subsequent amendments thereto with the State of California for the purposes of the "Grant." SECTION 4:
If an application is approved, the Community Development Director, or designee, is authorized o sign and submit Funds Requests and all required reporting forms and other documentation a nay be required by the State of California from time to time in connection with the "Grant.' •
SECTION 5:
The application in full is incorporated as part of the Standard Agreement. All activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City of Corcoran, a California Municipal Corporation acknowledges and agrees that it may be required to execute any/all other instruments necessary or required by HCD for participation in the HOSN Program.
PASSED AND ADOPTED at a regular meeting of the of the City of Corcoran, a California Municipal Corporation held on February 28, 2023.
The undersigned Marlene Spain, City Clerk of the City of Corcoran there before named does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Governing Board adopted at a duly convened meeting on the date above-mentioned.
AYES:
NOES:
ABSENT:
APPROVED:
Jeanette Zamora-Bragg, Mayor
ATTEST:
Marlene Spain, City Clerk
NOTICE AND INSTRUCTIONS
Notice. The Department is providing this template Authorizing Resolution as intormational guidance nly. This language may require modification and customization to accurately reflect your entit nd/or your entity's participation in the Program. Accordingly, the Department encourages each entit to consult with professional legal counsel during the development of its own formal, legally binding statement that it is authorized to participate in the Department's Program. Please note, however, that any limitations or conditions on the authority of the signatory or signatories to execute the Progran Loan Documents and/or the Program Grant Documents may result in the Department rejecting the Authorizing Resolution.
2. Accuracy, Verification. The Department will verify that this Authorizing Resolution comports with he legal authority of the entity's governing body. The entity must timely notify the Department, in vriting, of any factors that limit its ability to provide an Authorizing Resolution which is materially in line with this template.
3. Authorized Signatory or Signatories, Designee. As a public entity, the entity may designate an authorized signatory by identifying only the title of that individual. The entity may authorize multiple signatories, so long as there is clarifying language as to whether the signatories are authorized to execute the Program Loan Documents and/or the Program Grant Documents individually or collectively. In addition, the entity may authorize a designee of the authorized signatory to execute the Program Loan Documents and/or the Program Grant Documents. In such a case, the entity must append a supporting document (e.g., memorandum, meeting notes of official action), which indicates the name and title of the designee who is authorized to legally bind the entity.
4. Certification of Authorizing Resolution. The individual who certifies the Authorizing Resolution cannot also be authorized to execute the Program Loan Documents and/or the Program Grant Documents on behalf of the entity.
City of
CORCORAN
FOUNDED 1914
A MUNICIPAL CORPORATION
Appropriations
ITEM #: 3-A
MEMORANDUM
TO: City Council
FROM: Sandra Pineda, Finance Director
DATE: 1/23/24 MEETING DATE: 1/23/24
SUBJECT: Warrant Register
Recommendation:
Consider approval of the warrant registers).
Discussion:
The attached appropriations are for services and supplies utilized by City Departments in order to maintain services for the community. The warrant registers) will be reviewed at the upcoming meeting and staff can address any questions from Council Members.
Budget Impact:
The warrant register includes expenses approved in the Fiscal Year 2023/2024 Budget and may include items which will be addressed through Budget Amendments.
Attachments:
Warrant Register #1 for warrant request date: 1/10/2024 •
Accounts Payable #1
Blanket Voucher Approval Document
User: Imustain
Printed: 01/10/2024 - 11:27AM
Warrant Request Date: 1/10/2024
DAC Fund:
Batch: 00502.01.2024 - Wrnt Rgstr 1/23/24 FY24
Line Claimant Amount
A &M Consulting Engineers 5,895.00
Alexander's Electric Motor Shop 6.024.31
3 Amtrak 530.00
4 Amtrak 530.00
Auto Zone, Inc. 656.77
552.93
6 Az Auto Parts
BB Screen Printing 215.42
8 Bogie's Pump Systems 835.49
BSK Associates 1,841.00
C3 Electric 6,400.78
10 City of Avenal 9,325.80
City of Corcoran 154.72
12 13 Cline's Business Equipment, Inc. 320.25
14 Corcoran Hardware 9.73
15 Corcoran Heating & Air 274.00
16 Corcoran Publishing Company 555.00
17 Data Ticket Inc 200.00
18 Dept of Conservation 374.41
19 Dept of Justice 482.00
20 Direct Distributing, Inc. 956.18
Division of State Architect 194.80
22 E Source Companies LLC 2,700.00
23 Expert Investigations Group 1,200.00
24 Felder Communications 1,583.26
25 Ferguson Enterprises, Inc 134,839.23
26 Frontier Communications 491.91
27 Frontier Communications 132.61
28 Frontier Communications 102.09
29 Frontier Communications 348.42
30 Frontier Communications 152.18
31 Frontier Communications 260.15
32 Frontier Communications 43.23
33 Galindo Farms Discing 240.00
34 Gary V. Burrows Inc. 1,935.21
35 Gary V. Bufkin 2,500.00
Hinderliter, deLlames & Assoc 1,463.14
36 37 Home LLP 798.73
38 Jorgensen & Company 2,893.00
JT2 Inc. 4,416.64
39 Kings County Clerk 40.00
40 41 Kings Waste & Recycling 45,297.50
42 Law & Associates Investigations 1,600.00
43 Leaf Capital Funding LLC 186.00
Matson Alarm Co. Inc. 137.50
44 45 Matt Chavez 150.00
46 Navia Benefit Solutions 64.90
47 Nolan's Plumbing
48 PG&E
49 PG&E
50 PG&E
PG&E
52 PG&E
53 PG&E
54 PG&E
55 Pizza Factory
56 Plain Insanc Graphics
57 Santa Rosa Rancheria
58 Self Help Enterprises
59 Shane Bewarder
60 Steve Dovali Construction
61 Sunset Landscapes, Inc
62 Superior Recreational Products
63 Superway Market
64 The Gas Company
65 The Gas Company
66 The Gas Company
67 The Gas Company
68 The Gas Company
69 The Printer
70 Trans Union LLC
71 TSA Consulting Group, Inc.
72 Tulare County Jail-Industries Engraving Program
73 Tule Trash Company
74 Turnupsced Electric Sve Inc
75 Univar USA Inc
76 Verizon Wireless
77 Verizon Wireless
78 Verizon Wireless
79 Verizon Wireless 418.11
80 Vulcan Matcrials Company 602.31
81 Wells Fargo Bank, N.A. 8,028.54
82 West Valley Construction Company, Inc. 701,281.63
83 WEX BANK 13,054.71
Grand Total: $1,167,016.52
Accounts Payable
Voucher Approval List
User: Imustain
Printed: 01/10/2024 - 11:27AM ORCOR
Batch: 00502.01.2024 - Wrnt Rgstr 1/23/24 FY24
Warrant Date Vendor Description Account Number Amount
1/10/2024 A & M Consulting Engineers PC 504 BENRUS CGSW 104-406-300-200 185.00 1/10/2024 A & M Consulting Engineers PC 504 BENRUS CGSW 104-406-300-200 185.00 1/10/2024 A & M Consulting Engineers SEQ PHASE 1 STRING LINE INSPECTION 104-406-300-200 420.00 1/10/2024 A & M Consulting Engineers SEQ PHASE 1 ENG INSP WATER LINE 104-406-300-200 420.00 1/10/2024 A & M Consulting Engineers ENG REVIEW 446 450 6 1/2 104-406-300-200 277.50 1/10/2024 A & M Consulting Engineers CGSW INSPECTIOM 504 BENRUS 104-406-300-200 277.50 1/10/2024 A & M Consulting Engineers SEQ PHASE 1 WCG POUR INSPECTIONS 12/12, 12/13, 12/14 104-406-300-200 3,570.00 1/10/2024 A & M Consulting Engineers SEQ PHASE 1 WATER LINE INSPECTION 104-406-300-200 560.00 1/10/2024 Alexander's Electric Motor Shop STORM STATION PUMP SIERRA BASIN 121-439-300-140 2,385.60 1/10/2024 Alexander's Electric Motor Shop STORM STATION PUMP SIERRA BASIN 121-439-300-140 3,638.71 1/10/2024 Amtrak 10 TEN RIDES 145-410-300-292 530.00
1/10/2024 Amtrak 10 TEN RIDES 145-410-300-292 530.00
1/10/2024 Auto Zone, Inc. UNIT 201 FILTERS FOR SERVICE 104-433-300-260 34.29 1/10/2024 Auto Zone, Inc. UNIT 167 FOG LIGHTS 104-421-300-260 24.67 1/10/2024 Auto Zone, Inc. UNIT 202 WIPER BLADES 109-434-300-260 37.43 1/10/2024 Auto Zone, Inc. UNIT 282 FILTERS FOR SERVICE 104-421-300-203 30.72 1/10/2024 Auto Zone. Inc. SUPPLIES FOR STOCK USE SHOP 104-433-300-210 31.90 1/10/2024 Auto Zone, Inc. STOCK MOTOR OIL FOR PD EXPLORERS 104-421-300-260 474.52 1/10/2024 Auto Zone, Inc. FILTERS FOR SERVICE 105-437-300-260 6.05 1/10/2024 Auto Zone, Inc. FILTERS FOR SERVICE 120-435-300-260 17.19 1/10/2024 Az Auto Parts UNIT 216 PARTS 145-410-300-260 43.04 1/10/2024 Az Auto Parts UNIT 216 PLUGS 145-410-300-260 89.74 1/10/2024 Az. Auto Parts UNIT 285 WIPER BLADES 105-437-300-260 24.92 1/10/2024 Az Auto Parts UNIT 284 OIL 105-437-300-210 29.38 1/10/2024 Az. Auto Parts UNIT 216 PARTS 145-410-300-260 137.38 1/10/2024 Az. Auto Parts UNIT 216 COIL & PARTS 145-410-300-260 130.16 1/10/2024 Az Auto Parts UNIT 188 WIPER BLADES 104-406-300-194 24.92 1/10/2024 Az Auto Parts WD 40 SUPPLIES FOR WTP 105-437-300-210 73.39 1/10/2024 BB Screen Printing COM DEV JACKETS AND PRINTING 104-406-300-210 215.42 Bogie's Pump Systems WWTP PUMP MAINTENANCE 120-435-300-140 835.49 BSK Associates QUANTI TRAY TOTAL COLIFORM & E. COLI 105-437-300-200 243.00 BSK Associates QUANTI TRAY TOTAL COLIFORM & E. COLI 105-437-300-200 243.00 BSK Associates PLANT INF/EFF/LAGOON 120-435-300-200 381.00 BSK Associates QUANTI TRAY ARSENIC NITRATE 105-437-300-200 160.00 BSK Associates QUANTI TRAY ARSENIC NITRATE 105-437-300-200 120.00 BSK Associates QUANTI TRAY TOTAL COLIFORM & E. COLI 105-437-300-200 243.00 BSK Associates QUANTI TRAY ARSENIC NITRATE 105-437-300-200 120.00 1/10/2024 BSK Associates WELL SAMPLING 105-437-300-200 82.00 1/10/2024 BSK Associates QUANTI TRAY ARSENIC NITRATE 105-437-300-200 249.00 1/10/2024 C3 Electric STATION 2 CHANGED MAIN SER VICE BREAKER 105-437-300-200 6,400.78 1/10/2024 City of Avenal SERVICE CONTRACT OCT 2023 104-421-300-203 4,662.90 1/10/2024 City of Avenal SER VICE CONTRACT NOV 2023 104-421-300-203 4,662.90 1/10/2024 City of Corcoran CITY SVC - 1116 SHERMAN AVE 301-430-300-316 154.72 1/10/2024 Cline's Business Equipment, Inc. USAGE NOV 2023 104-421-300-180 171.47 1/10/2024 Cline's Business Equipment, Inc. USAGE OCT 2023 104-421-300-180 148.78 1/10/2024 Corcoran Hardware EXT CORD - TYLER 104-406-300-210 9.73 1/10/2024 Corcoran Heating & Air REPLACE FAN LIMIT 104-421-300-210 179.00 1/10/2024 Corcoran Heating & Air SER VICE CALL 104-421-300-210 95.00 1/10/2024 Corcoran Publishing Company NIXEL NOV 104-421-300-156 72.00 1/10/2024 Corcoran Publishing Company CITY CHRISTMAS AD FOR DEC 2023 104-401-300-156 200.00 1/10/2024 Corcoran Publishing Company DEC 2023 TRANIT AD 145-410-300-156 283.00 Data Ticket Inc CODE ENI PROCESSING, ONLINE ACCESS TO CITATIONS, MK 104-406-300-200 200.00 Dept of Conservation SMIP FEE COLLECTED FROM BUILDING PERMITS 104-406-300-200 374.41 Dept of Justice LIVE SCAN FEE NOV JAIL UNIT 104-421-300-148 482.00 Direct Distributing, Inc. STATION 2 STOCK DAYTONS 105-437-300-210 940.29 Direct Distributing, Inc. STATION 2 STOCK 2 1/2" COUPLINGS 105-437-300-210 15.89 Division of State Architect 4TH QTR 10/2023 - 12/2023 104-406-300-200 194.80 E Source Companies LLC WSO ANNUAL WATER LOSS AUDIT 105-437-300-200 2,700.00 Expert Investigations Group VASQUEZ 104-421-300-200 500.00 Expert Investigations Group LUNA 104-421-300-200 700.00 1/10/2024 Felder Communications PORTABLE RADIO BATTERY 104-421-300-141 803.76 1/10/2024 Felder Communications RADIO SER VICE NOV -23 104-421-300-141 779.50 1/10/2024 Ferguson Enterprises, Inc AMI METER PROJECT I" RESIDENTAL WATER METERS 105-437-300-200 116,071.31 1/10/2024 Ferguson Enterprises, Inc METER PROJECT 4" PARTS 105-437-300-200 393.22 1/10/2024 Ferguson Enterprises, Inc METER PROJECT 3" 4" PARTS 105-437-300-200 1,031.76 1/10/2024 Ferguson Enterprises, Inc AMI METER PROJECT SOFTWARE 105-437-300-200 3,749.00 1/10/2024 F'erguson Enterprises, Inc AMI METER PROJECT 1" BADGER REGISTERS 105-437-300-200 10,875.15 1/10/2024 Ferguson Enterprises, Inc AMI METER PROJECT REGISTERS 105-437-300-200 2,718.79 •
1/10/2024 Frontier Communications WTP 559-992-9218-0711065 105-437-300-220 260.15 1/10/2024 Frontier Communications RAO 209-148-1538-030198-5 136-415-300-220 43.23 1/10/2024 Frontier Communications VETS HALL 55999286801122995 104-432-320-220 102.09 1/10/2024 Frontier Communications TRANSIT 559-992-1216-062118-5 145-410-300-220 116.14 1/10/2024 Frontier Communications PW FAX 559-992-1408-091098-5 104-432-320-220 152.18 1/10/2024 Frontier Communications WWTP 559-992-1265-091718-5 120-435-300-220 132.61 1/10/2024 Frontier Communications PD FAX 559-992-1020-073119-5 104-421-300-220 491.91 1/10/2024 Frontier Communications WWTP 559-992-1216-062118-5 120-435-300-220 232.28 1/10/2024 Galindo Farms Discing PICK UP TRASH DEBRIS & LOAD DUMP FEE 1931 DAIRYAVE 104-406-300-198 240.00 1/10/2024 Gary V. Burrows Inc. FUEL STREETS 109-434-300-250 168.23 1/10/2024 Gary V. Burrows Inc. FUEL MECH 104-433-300-250 495.97 1/10/2024 Gary V. Burrows Inc. FUEL PD 104-421-300-250 659.83 1/10/2024 Gary V. Burrows Inc. FUEL WWTP 120-435-300-250 611.18 1/10/2024 Gary V. Bulkin ANNUAL SYSTEM SUPPORT FEE 104-406-300-200 2,500.00 1/10/2024 Hinderliter, deLlames & Assoc CONTRACT SERVICES - SALES TAX OCT - DEC 2023 104-405-300-200 1,163.14 1/10/2024 Hinderliter, deLlames & Assoc CONTRACT SERVICES - TRANSACTION TAX OCT - DEC 2023 104-405-300-200 300.00 1/10/2024 Horne LLP REC'D LIHWAP CK ON CLOSED ACCT. CANNOT APPLY TO RI 112-436-300-200 798.73 1/10/2024 Jorgensen & Company ALARM SYSTEM - RAO 136-415-300-200 2,893.00 1/10/2024 JT2 Inc. PROP 68 GRANT CONSTRUCTION OF GATEWAY PARK DEC 2: 307-449-500-530 4,416.64 1/10/2024 Kings County Clerk RECORDED RECONS 11/21/23 301-430-300-200 40.00 1/10/2024 Kings Waste & Recycling (30) GREEN WASTE - 175.84 UNITS/TON 112-436-300-192 7,033.60 1/10/2024 Kings Waste & Recycling MISC COMMODITY 539.58 UNITS/ION 112-436-300-192 34,361.65 1/10/2024 Kings Waste & Recycling 16 BLUE CANS 70.95 UNITS/TON 112-436-300-192 3,902.25 1/10/2024 Law & Associates Investigations BG INVESTIGATION OCHOA 104-421-300-200 800.00 1/10/2024 Law & Associates Investigations BG INVESTIGATION ZUNIGA 104-421-300-200 800.00 1/10/2024 Leaf Capital Funding LLC COPIER SERVICE RENTAL 104-421-300-180 186.00 1/10/2024 Matson Alarm Co. Inc. RAO ALARM SYSTEM MONITORING & SVC JAN 2024 136-415-300-200 137.50 1/10/2024 Matt Chavez UNIFORM BOOTS REIMURSEMENT FY 24 120-435-200-125 150.00 1/10/2024 Navia Benefit Solutions COBRA ADMIN 12/1/23-12/31/23 104-402-300-200 64.90 1/10/2024 Nolan's Plumbing BACKFLOW TESTING FOR CITY 105-437-300-200 4,400.00 1/10/2024 PG&E 99497000756-9 SAL YER LANDSCAPING & LIGHTING 111-601-300-240 9.86 1/10/2024 PG&E 99497000756-9 STREET LIGHTS 109-434-300-240 940.16 1/10/2024 PG&E 99497000756-9 STORM DRAIN 121-439-300-240 10,587.91 1/10/2024 99497000756-9 WWTP 120-435-300-240 10,670.35
1/10/2024 5304135173-4 STREET LIGHTING 111-601-300-240 83.05 1/10/2024 99497000756-9 VETS HALL 104-432-320-240 282.26 1/10/2024 1226827848-3 SE NE SW 25 21 22 105-437-300-240 12,682.88 1/10/2024 5304135173-4 STREET LIGHTING 111-604-300-240 97.82 1/10/2024 5304135173-4 STREET LIGHTING 109-434-300-240 5,623.70 1/10/2024 PG&E 99497000756-9 GOV BLDGS 104-432-300-240 5,888.97 1/10/2024 PG&E 1301593806-4911 HANNA AVE 104-432-300-240 3,095.32 1/10/2024 PG&E 2678944491-1 500 OTIS AVE 104-412-300-240 740.98 1/10/2024 PG&E 99497000756-9 PARKS 104-412-300-240 1,068.82 1/10/2024 PG&E 99497000756-9 POOL 138-413-300-200 3,627.19 1/10/2024 PG&E 99497000756-9 WATER PUMPS 105-437-300-240 74,432.20 1/10/2024 PG&E 5304135173-4 STREET LIGHTING 111-603-300-240 15.44 1/10/2024 PG&E 5304135173-4 STREET LIGHTING 111-605-300-200 88.87 1/10/2024 PG&E 99497000756-9 DEPOT 145-410-300-240 813.30 1/10/2024 PG&E 5304135173-4 STREET LIGHTING 104-412-300-240 13.73 1/10/2024 PG&E 5304135173-4 STREET LIGHTING 111-602-300-200 305.74 1/10/2024 PG&E 2777783766-0 SE NE NE 12 21 22 105-437-300-240 205.80 1/10/2024 PG&E 1056173633-0 1311 1/2 HANNA 301-430-300-316 311.89 1/10/2024 Pizza Factory PAL SOCCER 331-425-300-210 156.36 1/10/2024 Plain Insane Graphics VINYL REPAIR UNIT 266 104-421-300-260 347.40 1/10/2024 Santa Rosa Rancheria STATE ALLOCATION WELL SF GRANT FEB 23 CULTURAL MC 105-437-500-519 561.94 1/10/2024 Self Help Enterprises CV 2 01/2023 TO 7/31/2023 276-551-300-200 571.00 1/10/2024 Shane Bewarder UNIFORM FOR CRISIS NEGOTATION TRAINING 104-421-300-230 54.12 1/10/2024 Steve Dovali Construction STATE ALLOCATION WELL. 5F GRANT DEC PROGESS 105-437-500-519 40,997.25 1/10/2024 Sunset Landscapes, Inc PROP 68 GRANT SNACK SHACK LANDSCAPE 307-449-500-530 4,750.00 1/10/2024 Superior Recreational Products PROP 68 GRANT PO# 24850 BENH PARTS AT GATEWAY 307-449-500-530 2,869.03 1/10/2024 Superway Market CATERING FO REMPLOYEE YEARS OF SERVICE 104-402-300-215 1,500.00 1/10/2024 The Gas Company 05463252576 CITY HALL 104-432-300-242 267.84 1/10/2024 The Gas Company 11971525008 PUBLIC WORKS 104-432-300-242 379.33 1/10/2024 The Gas Company 12602978541 750 NORTH AVE - WATER HEATER 104-432-300-242 92.66 1/10/2024 The Gas Company 11484795064 POOL 138-413-300-200 767.14 1/10/2024 The Gas Company 06301527005 WWTP 120-435-300-242 467.59 1/10/2024 The Printer WINDOW & REGULAR ENVELOPES 104-432-300-150 2,368.47 1/10/2024 Trans Union LLC PROF SRV/BACKGROUNDS NOV 23 104-421-300-200 81.56 1/10/2024 TSA Consulting Group, Inc. DEC 2023 SERVICES FEE FOR 401 A PLAN ADMIN 104-405-300-200 50.00 1/10/2024 Tulare County Jail-Industries ingraving Progr ORNAMENTS 104-421-300-210 201.81 1/10/2024 Tulare County Jail-Industries Engraving Progr NOTEPADS 331-425-300-210 653.17 1/10/2024 Tule Trash Company DUMP FEE 112-436-300-192 302.90 1/10/2024 Tule Trash Company DUMP FEE 112-436-300-192 124.80 1/10/2024 Tule Trash Company PULL FEE 112-436-300-200 1,038.80 1/10/2024 Tule Trash Company WATER METER PROJECT - TRASH IOYD 105-437-300-200 200.14 3/10/2024 Tule Trash Company PULL FEE 112-436-300-200 524.80 1/10/2024 Tule Trash Company MISC CHARGES, ADDL PU, CONTAM FEE & OVERAGE DEC 2. 112-436-300-192 493.45 1/10/2024 Tule Trash Company PULL. FEE 112-436-300-200 1,049.60 Turnupseed Electric Svc Inc STADIUM STORM STATION REPAIR 121-439-300-140 1,657.44 Univar USA Inc RAC POOL BULK CHEMICALS 138-413-300-200 2,679.19 Verizon Wireless CELI. PHONE SER VICE 104-421-300-221 1,057.27 Verizon Wireless DATA DEC 2023 104-421-300-221 418.11
Verizon Wireless CELL PHONE SERVICE 104-421-300-221 1,057.52 Verizon Wireless DATA NOV 2023 104-421-300-221 418.11
Vulcan Materials Company PO# 24849 ASPHALT FOR STREET REPAIR 109-434-300-213 602.31 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 120-435-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-412-300-200 18.10 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 120-435-300-200 18.10 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 120-435-300-200 2.26 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 105-437-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-432-300-200 289.68 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 105-437-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-432-300-200 271.57 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-432-300-200 36.22 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 120-435-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 105-437-300-200 2.26 1/10/2024 Wells Fargo Bank, N.A TEMP WORKER G. PASTOR 105-437-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-412-300-200 2.26 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 145-410-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 120-435-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 145-410-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-412-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 145-410-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 105-437-300-200 18.10 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 145-410-300-200 18.10 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-432-300-200 271.57 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-412-300-200 16.97 1/10/2024 Wells Fargo Bank, N.A. MEASURE A GATEWAY PARK SNACK SHACK PROJECT COOI 138-413-300-200 1,346.85 1/10/2024 Wells Fargo Bank, N.A. MEASURE A GATEWAY PARK SNACK SHACK PROJECT COOI 138-413-300-200 2,628.00 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-432-300-200 271.57 1/10/2024 Wells Fargo Bank, N. A. MEASURE A GATEWAY PARK SNACK SHACK PROJECT COOI 138-413-300-200 2,628.00 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 145-410-300-200 2.26 1/10/2024 Wells Fargo Bank, N.A. TEMP WORKER G. PASTOR 104-412-300-200 16.97 1/10/2024 West Valley Construction Company, Inc. WATER METER PROJECT INSTALLATION 10/1-11/30/23 105-437-300-200 701,281.63 1/10/2024 WEX BANK NOV DEC FUEL 104-431-300-250 460.24
1/10/2024 WEX BANK NOV DEC FUEL G. MEDINA 145-410-300-250 1,195.24 1/10/2024 WEX BANK NOV DEC FUEL 104-432-300-250 199.09
1/10/2024 WEX BANK NOV DEC FUEL 105-437-300-250 2,018.46 1/10/2024 WEX BANK NOV DEC FUEL 109-434-300-250 574.43
1/10/2024 WEX BANK NOV DEC FUEL PD 104-421-300-250 5,813.20 1/10/2024 WEX BANK NOV DEC FUEL COM DEV 104-406-300-250 98.56 1/10/2024 WEX BANK NOV DEC FUEL 104-412-300-250 711.81
1/10/2024 WEX BANK NOV DEC FUEL 120-435-300-250 834.84
1/10/2024 WEX BANK NOV DEC FUEL LISA JONES 145-410-300-250 960.91 1/10/2024 WEX BANK REBATE & FEE 104-432-300-250 10.00
1/10/2024 WEX BANK NOV DEC FUEL COM DEV 104-406-300-250 168.15 1/10/2024 WEX BANK NOV DEC FUEL COM DEV 104-406-300-250 89.58 1/10/2024 WEX BANK REBATE & FEE 104-432-300-250 -79.80
Warrant Total: 1,167,016.52
City of
CORCORAN
FOUNDED 1914
A MUNICIPAL CORPORATION-
PUBLIC HEARING
ITEM #: 5-A
MEMORANDUM
TO: Corcoran City Council
FROM: Kevin J. Tromborg, Community Development Director DATE: January 17, 2024, MEETING DATE: January 23, 2024
SUBJECT: PUBLIC HEARING TO DISCUSS THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT CLOSEOUT OF 20-CDBG-CV-2-3-
0055 GRANT
BACKGROUND: (Voice Vote) Closeout of 20-CDBG-CV-2-3-00055 The City was awarded $347,223.00 in CDBG-CV2.3 funds in response to the pandemic to aid City of Corcoran residents affected by Covid-19 in the form of subsistence payments for mortgage, rent, and utility assistance and/or payments. Permission to incur cost and begin accepting applications was received on September 2,2021. The program provided income eligible households with up to $5,000 in assistance to cover past due and/or currently due mortgage payments, rent payments, and utility expenses for up to 3 consecutive months as grants with no repayment obligation.
Applications Received 186
Households Assisted 155
Applications Denied 31
Rental Assistance Provided 83
Mortgage Assistance Provided 31
Utility Assistance Provided 205
Total 319*
*Numbers are higher than total applications because a single application or household had requested assistance for more than one activity such as assistance with rent and utilities or mortgage and utilities.
832 Whitty Avenue • Corcoran, CA 93212Cy Officon. Phone 559.992.2151 www.cityofcorcoran.com Households Assisted had Incomes as follows:
Very-low income 82
Low income 47
Moderate income
Total 155
Household Demographics:
White 3
Black 7
Native American
Or Alaskan
Asian & White
Hispanic 138
Unknown 5
Total 155
Female Head of Household 54
Senior Citizens 1
Disabled
Total 56
Budget
Total Admin: $45,139
Total Implementation: $302,084
Total Budget: $347,223
Estimated Disencumbering Total $20,449.30
The grant expired on September 1, 2023, upon approval the City will submit the final closeout documents to HCD, completing all obligations under the grant. At this time, the City anticipates disencumbering a total of $20,449.30. However, in the case that there is a need to disencumber any additional funds, the City will work with HCD and SHE to disencumber those funds.
DISCUSSION:
When the Public Hearing is opened, citizens are encouraged to ask questions and/or comment on the closeout of the 20-CDBG-CV2-3-00055 grant or on any aspect of the CDBG Program.
Citizens are also invited to submit written comments to the City or to review information on the City's CDBG Program at the City's Administration Building, 832 Whitley Ave, Corcoran, CA 93212. Write or contact the City Clerk of the City at the same address.
City Offices:
832 Whitley Avenue Corcoran, CA 93212 Phone 559.992.2151 *www.cityofcorcoran.com
RECOMENDATION
1. Approve the 20-CDBG-CV2-3-00055 grant closed out report and authorize its submittal to the CA Department of Housing and Community Development, Community Development Block Grant Program.
BUDGET IMPACT:
No financial impact for the closeout of the City's CDBG-CV2-3-00055 grant.
City Offices:
832 Whitley Avenue Corcoran, CA 93212 Phone 559.992.2151 * www.cityofcorcoran.com City of
CORCORAN
FOUNDED 1914
A MUNICIPAL CORPORATION-
STAFF REPORT
ITEM #: 6-A
MEMORANDUM
TO: Corcoran City Council
FROM: Kevin J. Tromborg, Community Development Director DATE: January 18, 2024, MEETING DATE: January 23, 2024
SUBJECT: Revisions to City of Corcoran Improvement Standards RECOMMENDATION: (Voice Vote) Staff is recommending approval of revisions to City improvement Standards C-2, C-2A, C-4, and C4-A
DISCUSSION: Our City Improvement Standards govern all construction of Public works in all ublic-rights-of-way throughout the city. The Standards also govern work on private propert vhich serve a public purpose, such as sewer, water, parking lots and driveway approaches Because of the high level of clay found in and around Corcoran and because this type of soil which is unstable and expansive the base rock content needs to be increased to increase the life Attachments
1. Standard C-2
2. Standard C-2A
3. Standard C-4
4. Standard C-4A
BUDGET IMPACT: The cost to revise the standards comes out of Public Works and Community Development Budget
832 Whitley Avenue • Corcoran, CA 93212y Phoni Phone 559.992.2151 www.cityofcorcoran.com 6"
#4 BARS CONTINUOUS
1/2" R.
5"
1/2° R.
12°
(MIN.) 4 4
7 1/27
12"
12" AGGREGATE BASE AT 95%
RELATIVE COMPACTION
(NATIVE SOIL) *
6" NATIVE SOIL AT 95%
RELATIVE COMPACTION
— 7-1/2* - 30"
DEPRESSED CURB
NOTES:
1. ALL CONCRETE SHALL BE CLASS 3 CONCRETE. *
2. A WEAKENED PLANE JOINT OR COLD JOINT SHALL BE INSTALLED AT THE END OF CURB RETURNS AND AT * THE CENTERLINE OF PROPOSED DRIVE APPROACHES.
3. WHERE ADA ACCESSIBLE PATH CROSSES GUTTER PAN, SLOPE IN THE DIRECTION OF TRAVEL SHALL BE * 3% MINIMUM AND 4.5% MAXIMUM.
4. WOOD FORMS SHALL HAVE A NORMAL THICKNESS OF 2', EXCEPT ON CURVE CONSTRUCTION WHERE THE THICKNESS SHALL BE DETERMINED BY THE CITY INSPECTOR.
5. MINIMUM GRADE FOR CURB & GUTTER SHALL NEVER BE LESS THAN .0015 SLOPE, EXCEPT CURVE PORTIONS OF CUL- DE-SAC STREETS WHICH SHALL HAVE .0020 SLOPE MINIMUM.
6. 1'× 2" LINE & GRADE STAKES ARE TO BE SET 3 FROM FACE OF CURB. STAKE SPACING SHALL BE 25' MAX.
FOR A SLOPE OF .0015 AND 50 MAX. FOR SLOPES OF .0020 OR MORE (OR EQUIVALENT CONTROLS).
7. SEE CONCRETE NOTES AND CITY STANDARD SPECIFICATIONS.
8. FILL AND GRADE AREA BEHIND CURB AS DIRECTED BY THE CITY OF CORCORAN.
CITY OF CORCORAN • DEPARTMENT OF PUBLIC WORKS
STANDARD DRAWING FOR: APPROVED BY: 1/17/2024
ORFIL MUNIZ. P.E. 88165. Date
CURB AND GUTTER - CITY ENGINEER
REVISED:
DEPRESSED CURB C-2A
6"
1/2 " R. 1/2" R.
#4 BARS CONTINUOUS
1/2" R.
1" R.
12"
(MIN.)
7 1/2"
6°
12 12" AGGREGATE BASE AT 95%
RELATIVE COMPACTION
(NATIVE SOIL)
6" NATIVE SOIL AT 95%
RELATIVE COMPACTION
- 7-1/2" 24"
RAISED CURB
NOTES:
1. ALL CONCRETE SHALL BE CLASS 3 CONCRETE.
2. A WEAKENED PLANE JOINT OR COLD JOINT SHALL BE INSTALLED AT THE END OF CURB RETURNS AND AT * THE CENTERLINE OF PROPOSED DRIVE APPROACHES.
WHERE ADA ACCESSIBLE PATH CROSSES GUTTER PAN, SLOPE IN THE DIRECTION OF TRAVEL SHALL BE * 3% MINIMUM AND 4.5% MAXIMUM.
4. WOOD FORMS SHALL HAVE A NORMAL THICKNESS OF 2*, EXCEPT ON CURVE CONSTRUCTION WHERE THE THICKNESS SHALL BE DETERMINED BY THE CITY INSPECTOR.
MINIMUM GRADE FOR CURB & GUTTER SHALL NEVER BE LESS THAN .0015 SLOPE, EXCEPT CURVE PORTIONS OF CUL- DE-SAC STREETS WHICH SHALL HAVE .0020 SLOPE MINIMUM.
6. 1°× 2ª LINE & GRADE STAKES ARE TO BE SET 3' FROM FACE OF CURB. STAKE SPACING SHALL BE 25 MAX.
FOR A SLOPE OF .0015 AND 50 MAX. FOR SLOPES OF .0020 OR MORE (OR EQUIVALENT CONTROLS).
7. SEE CONCRETE NOTES AND CITY STANDARD SPECIFICATIONS.
8. FILL AND GRADE AREA BEHIND CURB AS DIRECTED BY THE CITY OF CORCORAN.
CITY OF CORCORAN • DEPARTMENT OF PUBLIC WORKS
STANDARD DRAWING FOR: APPROVED BY: 1/17/2024
ORFIL MUNIZ, P.E. 88165. Date
CURB AND GUTTER - CITY ENGINEER
REVISED:
RAISED CURB C-2
PROPERTY LINE
1-1/2" DEEP WEAKENED - TOOLED
SCRIBE LINE JOINT 15' O.C. (TYP.)
5' O.C. (TYP.)
VARIES
5' RESIDENTIAL
9-6* COMMERCIAL
VARIES
6'-10'
FELT EXPANSION JOINT AT EACH
SIDE OF DRIVE APPROACH (TYP.)
4 CURB * 1-1/2 DEEP WEAKENED -TOOLED
JOINT 15' O.C. (TYP.) *
GUTTER
CURB, GUTTER AND SIDEWALK SCRIBE LINE DETAIL
NOT TO SCALE
VARIES
5' RESIDENTIAL
9'-6" COMMERCIAL
SLOPE = 1.5% MAX VARIES CONSTRUCT CURB & GUTTER PER
6-10 STANDARD DRAWINGS NO. C-2.
516° 6° AGGREGATE BASE AT 95% *
RELATIVE COMPACTION
6"
#4 BARS
6* NATIVE SOIL 90% CONTINUOUS
RELATIVE COMPACTION.
CURB, GUTTER AND SIDEWALK CROSS - SECTIO!
NOT TO SCALE
NOTES:
1. FORMS TO REMAIN FOR A MIN. OF 24 HOURS.
• WOOD FORMS SHALL HAVE NOMINAL THICKNESS OF 2*, EXCEPT ON CURVE CONSTRUCTION WHER
HE THICKNESS SHALL BE DETERMINED BY THE CITY ENGINEER
3. SEE CONCRETE NOTES (C-1) AND CITY STANDARD SPECIFICATIONS.
4. EXPANSION JOINTS SHALL BE INSTALLED WITHIN CURVILINEAR SIDEWALKS AT MIN. 60 FEET O.C.
5. CONCRETE SHALL BE MINIMUM FIVE SACK MIX. (3200 P.S.I. MIN. IN 28 DAYS). * 6. ALL SIDEWALKS AND RAMPS SHALL BE CURED IN ACCORDANCE WITH THE PROVISIONS OUTLINED I*
THE LATEST CALTRANS STANDARD SPECIFICATIONS
CITY OF CORCORAN • DEPARTMENT OF PUBLIC WORKS
STANDARD DRAWING FOR: APPROVED BY OFF MUNZ. P.E. 8165. 1/17/2024 Date
PARKWAY SIDEWALK CITY ENGINEER
REVISED:
DETAIL C-4
PROPERTY LINE
VARIES SCRIBE LINE 1-1/2 DEEP WEAKENED -TOOLED *
5' O.C. (TYP.) JOINT 15' O.C. (TYP.)
CURB GUTTER
1-1/2" DEEP WEAKENED -TOOLED
JOINT 15' O.C. (TYP.) *
CURB, GUTTER AND SIDEWALK SCRIBE LINE DETAIL
NOT TO SCALE
VARIES
5' RESIDENTIAL
9-6" COMMERCIAL 12" #4 BARS AT 48" O.C.
SLOPE = 1/4 PER FT. CONSTRUCT CURB &
.- GUTTER PER STANDARD
DRAWINGS NO. C-2.
T 6"
6°
#4 BARS
6" AGGREGATE BASE AT 95% CONTINUOUS
6* NATIVE SOIL 90%
RELATIVE COMPACTION. RELATIVE COMPACTION.
CURB. GUTTER AND SIDEWALK CROSS - SECTION
NOT TO SCALE
NOTES:
1. FORMS TO REMAIN FOR A MIN. OF 24 HOURS.
2. WOOD FORMS SHALL HAVE NOMINAL THICKNESS OF 2*, EXCEPT ON CURVE CONSTRUCTION WHERE THE THICKNESS SHALL BE DETERMINED BY THE CITY ENGINEER.
3. SEE CONCRETE NOTES (C-1) AND CITY STANDARD SPECIFICATIONS.
4. EXPANSION JOINTS SHALL BE INSTALLED WITHIN CURVILINEAR SIDEWALKS AT MIN. 60 FEET O.C.
5. CONCRETE SHALL BE MINIMUM FIVE SACK MIX. (3200 P.S.I. MIN, IN 28 DAYS).
6. ALL SIDEWALKS AND RAMPS SHALL BE CURED IN ACCORDANCE WITH THE PROVISIONS OUTLINED IN THE LATEST CALTRANS STANDARD SPECIFICATIONS. *
CITY OF CORCORAN • DEPARTMENT OF PUBLIC WORKS
STANDARD DRAWING FOR: APPROVED BY: 1/17/2024
ORFIL MUNIZ, P.E. 88165, Date
ADJACENT SIDEWALK CITY ENGINEER
REVISED:
DETAIL C-4A
City of
CORCORAN
FOUNDED 1914
CITY ADMINISTRATION
STAFF REPORT
ITEM #: 6-B
MEMO
TO: Corcoran City Council
FROM: Greg Gatzka, City Manager
DATE: January 19, 2024 MEETING DATE: January 23, 2024
SUBJECT: Police Chief Employment Agreement and Salary Resolution Amendment Summary:
Maggie Ochoa has been selected as the City's new Police Chief, and an employment agreement has been prepared. If approved, amendments are necessary to the City's FY 23-24 Salary Resolution to reflect the agreement provisions.
Recommendation:
Consider taking action on the following:
1. Amend Resolution No. 4016 to make minor edits and changes for consistency with the Police Chief employment agreement; and
2. Authorize the City Manager to sign the Police Chief Employment Agreement on behalf of the City.
Budget impact:
The proposed starting salary for the Police Chief is at Step 4 (Annual salary of $141,294) within the current Police Chief Salary Range as established by Council adopted resolution. Additional benefits changes are proposed within the Employment Agreement and are estimated to be an increased City cost of approximately $2,287 during the remainder of FY 2023-2024. These costs are already covered in the City's adopted FY 2023-2024 Budget, and the City has had salary savings from the position vacancy over the past six months and hiring of Dave Putnam as a CaPERS retired annuitant which only allows hourly compensation without any additional benefits.
Background:
The proposed Police Chief Employment Agreement is new for this position, but aligns with current trends in Agency Police Chief hirings. The agreement was developed by the City Manager and City Attorney and integrates current and relevant State law provisions, and other procedural terms and conditions of employment that provide greater certainty and understanding of expectations for City Offices
832 Whitley Corcoran, CA 93212 * Phone 559-992-2151 * www.cityofcorcoran.com both the City and new Police Chief. This agreement will establish two new benefits and increase six existing benefits that include:
1. Addition of six (6) months severance;
2. Addition of 2.5% salary incentive for completion of POST Executive Certificate;
3. Increased uniform allowance from $1,000 to $1,200;
4. Increased deferred compensation match from 5% to 6%;
5. Increased health benefit contribution from 75% to 80%;
6. Increased life insurance coverage from $70k to $100k;
7. Increased management leave by three additional days; and
8. Increased allowance to city's maximum vacation leave accrual.
As the city's employee salary and benefits are set by the City Council through the annual salary resolution, the current Council Resolution No. 4016 will need to be amended to incorporate the above mentioned benefit changes, and make a few minor corrections. The City Manager recommends making the following amendments to Council Resolution No. 4016 as provided in the attached resolution:
1. Correct a typo on Section I bi-weekly compensation table for WWTP Operator In Training Step 4 that should read "1,428.46" instead of "1,438.46".
2. Update Section III for Unrepresented Management to change the Police Chief Note to list "CONTRACT".
3. Add an additional sentence under CONDITION NOTES/FULL-TIME EMPLOYEES to read "CONTRACT refers to a separate employment contract that establishes terms, conditions, and benefits that may differ from benefits defined within this resolution, the greater of which shall take precedence."
4. On Condition Notes I.1. remove reference to Chief.
5. On Condition Notes L under 4 days update by removing "Human Resources Coordinator" and add "Deputy City Clerk."
6. On Condition Notes L under 7 days update by changing classification title from "Public Works Superintendent" to "Utilities Superintendent."
7. On Condition Notes L add new category with "10 days Police Chief."
AT-WILL EMPLOYMENT AGREEMENT
For the position of
POLICE CHIEF FOR THE CITY OF CORCORAN
This Employment Agreement ("Agreement") is made and entered into this _ day of January, 2024, by and between the City of Corcoran, a California municipal corporation ('CITY") and MARGARITA ("Maggie") OCHOA, and individual ("EMPLOYEE") upon the following terms and conditions:
RECITALS
WHEREAS, the City Manager is authorized to appoint CITY staff, pursuant to the Corcoran Municipal Code ("'C.M.C.") Section 1-7A-5-C, and more specifically Section 5- 1-1-B for the appointment of the Police Chief; and
WHEREAS, the City Manager desires to appoint and employ the services of EMPLOYEE as the Police Chief ("Position") for the City, as established by C.M.C. Section 5-1-1; and WHEREAS, EMPLOYEE desires to accept such appointment as Police Chief on the terms and conditions contained herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. Appointment of Police Chief, Duties and Term:
1.1 Appointment of Police Chief and Duties. The City Manager hereby appoints EMPLOYEE to the position of Police Chief, in and for the City, to perform the functions and duties of the Police Chief as set forth in the operative job description (as amended from time-to-time), in accordance with all applicable CITY policies, and under the direction of the City Manager, as the City Manager is authorized to oversee CITY employees under Section 1-7A-5 of the C.M.C. EMPLOYEE accepts such appointment and employment pursuant to the terms of this Agreement. EMPLOYEE shall further perform the functions and duties specified under the laws of the State of California, the C.M.C, the ordinances and resolutions of the City, and such other duties and functions as the City Manager may from time-to-time assign.
1.2 Devotion to City Business. During the term of this Agreement, EMPLOYEE shall not accept any other employment and shall be exclusively employed by CITY, unless prior written authorization is received from the City Manager, which the City Manager may withhold in their sole and absolute discretion. EMPLOYEE must devote her/his best efforts, full energy, skill, ability, and productive time to the performance of her/his duties under this Agreement.
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EMPLOYEE shall not engage in any activity which is or may become a conflict of interest, or which may create an incompatibility of office as defined under California Law, or which interferes with EMPLOYEE's ability to effectively perform their duties under this Agreement. EMPLOYEE must annually complete financial disclosure forms as required by law.
1.3 Exempt Employee. The general business hours for CITY employees are Monday through Friday, 8:00 a.m. to 5:00 p.m. However, it is recognized and understood by the CITY and EMPLOYEE that this Position is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. §§ 201 et seq.). EMPLOYEE shall not receive any overtime or extra compensation for hours worked outside of the CITY's general business hours, which are necessary to fulfill the duties of the Position, unless otherwise expressly provided in this Agreement.
1.4 Schedule. EMPLOYEE's daily and weekly work schedule shall vary in accordance with the work required to be performed. The Position may include frequent attendance at evening meetings and frequent irregular hours as necessary to meet deadlines and achieve objectives. The City Council and the City Manager recognize that EMPLOYEE must devote a substantial amount of time outside of normal office hours to conduct the business of the CITY and to that end, will be allowed to take administrative/management leave, as is appropriate, during said normal office hours.
1.5 Term. The term of this Agreement shall be for three (3) years from the date of execution. The City Manager in her/his sole discretion may in writing extend the Term of this Agreement from time-to-time in increments of at least two (2) years. No later than three (3) months prior to the expiration of the Term, the City Manager shall provide written notice to EMPLOYEE as to whether the City Manager intends to extend the term.
SECTION 2. At-Will Employment And Termination:
2.1 At-Will. EMPLOYEE is an at-will employee serving at the pleasure of the City Council and City Manager as provided respectively in Government Code § 36506 and C.M.C. Section 5-1-1-B.
2.2 Termination Not-For-Cause. If City Manager terminates this Agreement (thereby terminating EMPLOYEE's employment) without cause, and if EMPLOYEE signs and delivers to the CITY, and does not revoke, a complete and general release agreement ("Release Agreement") which is acceptable to CITY, then CITY shall pay EMPLOYEE a lump sum payment equal to six (6) months of EMPLOYEE's then Base Salary, less any applicable withholdings (the payment, collectively "Severance").
2.3 Termination for Cause. If City Manager terminates this Agreement (thereby terminating EMPLOYEE's employment) with cause, then EMPLOYEE shall not be 2 of 12
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entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benetit allowances according to their terms ("Accrued Salary and Benefits").
Termination of EMPLOYEE under this Section shall be conducted in compliance with California Government Code § 3304(c), which currently reads as follows:
3304 (c) "No chief of police may be removed by a public agency, or appointing authority, without providing the chief of police with written notice and the reason or reasons therefor and an opportunity for administrative appeal.
For purposes of this subdivision, the removal of a chief of police by a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of the public agency or appointing authority, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute "reason or reasons."
Nothing in this subdivision shall be construed to create a property interest, where one does not exist by rule or law, in the job of Chief of Police."
The administrative appeal shall be before the City Council, and as used in this Agreement, Cause shall include any of the following:
1. Conviction of, or plea of guilty or nolo contender to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the CITY or on the reputation of any one or more of its departments;
2. Conviction of any crime involving an "abuse of office or position," as that term is defined in Government Code § 53243.4 (see Section 2.4, (below));
3. Willful insubordination or failure to carry out a lawful directive or directives of the City Manager; and
4. Any negligent or grossly negligent action or inaction by EMPLOYEE which in the opinion of the CITY: (a) materially and adversely impedes or disrupts the operations of CITY or its organizational units; (b) is detrimental to any employee(s) or public safety; or (c) violates CITY's established rules or procedures. Examples of reasons include, but are not limited to:
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a. Disclosing confidential information of CITY without authority to do so; b. Gross carelessness or misconduct;
c. Unjustifiable and/or willful neglect of the duties described in this Agreement; d. Mismanagement;
e. Non-performance of duties;
f. Any conduct which violates the CITY's personnel rules, regulations and policies, and for which a CITY employee may be terminated or demoted;
8. Repeated and/or protracted unexcused absences from the Police Chief's office and duties;
h. Willful destruction or misuse of CITY property;
i. Conduct which in any way has any substantial and adverse effect on the reputation or credibility of the CITY or any of its departments and officers; j. Willful violation of federal, State, and/or CITY discrimination laws and related CITY's policies;
k. Any substance abuse which adversely affects performance of either EMPLOYEE's duties as Police Chief or the ability of any other CITY employee(s) to carry out their public duties;
Refusal to take or subscribe to any oath or affirmation which is required by law;
m. Dishonesty;
n. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, CITY's legitimate business interests; or
o. Breach of any of provision(s) of this Agreement.
2.4 Abuse of Office. Notwithstanding any of the provisions in Sections 2.1 and 2.2 (above), in any circumstance in which EMPLOYEE is convicted of a crime involving abuse of their office or position with the CITY, as defined in California Government Code § 53243.4, any paid administrative leave provided by the CITY pending an outcome of the investigation into such crime, any CITY funds expended for the any form of legal defense of EMPLOYEE, including any CITY funds expended in defense of EMPLOYEE in any related civil lawsuit, and any cash settlement or Severance provided to the EMPLOYEE upon termination shall be fully reimbursed by the EMPLOYEE to the City.
2.5 Termination of Agreement in the Event of EMPLOYEE's Death. This Agreement shall terminate upon the death of EMPLOYEE. In the event of such termination, the EMPLOYEE's estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance.
2.6 Automatic Termination In Event EMPLOYEE Fails To Meet Certification Requirements. A failure to meet all certification requirements of a Police Chief as 4 of 12
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established by the Commission on Peace Officer Standards and Training (POST) and any other California laws and/or regulations shall result in an automatic termination of this Agreement. In the event of such termination, EMPLOYEE shall not be entitled to additional compensation or payment, including Severance.
2.7 Disability Termination. If EMPLOYEE shall, for whatever reason, become incapable of performing any of the essential functions of Position, even with reasonable accommodation by CITY, either (1) permanently, or (2) for a period exceeding the period of leave available to the EMPLOYEE under the Family Medical Leave Act or the California Family Rights Act, accrued sick leave or one hundred eighty (180) days, whichever is longer, then EMPLOYEE shall be deemed to have suffered a disability. As the Position is critical to the safety of the public and also requires EMPLOYEE to devote a substantial amount of time both during and outside of normal office hours to execute the business of CITY, EMPLOYEE recognizes that granting any amount of leave beyond the time period stated in this section shall constitute an undue hardship on CITY and its residents. In accordance with applicable law, any request for leave which does constitute an undue hardship shall be grounds for a not-for-cause termination of this Agreement under, and in accordance with, Section 2.2 of this Agreement.
Nothing in this Section 2.7 shall impact the right of the EMPLOYEE in connection with receipt of Labor Code § 4850 pay in the event of a qualifying occupational injury.
2.8 Resignation/Retirement of EMPLOYEE. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from their position with the CITY, subject only to the provisions set forth in this Agreement. EMPLOYEE may terminate this Agreement by submitting written notice of their resignation to the City Manager and shall provide not less than thirty (30) business days of prior written notice of their intention to resign or retire. If EMPLOYEE resigns or retires from employment with the CITY, they shall not be entitled to any severance pay.
EMPLOYEE shall be paid for all accrued vacation to the effective date of the resignation or retirement.
SECTION 3. Compensation and Annual Evaluation:
3.1 Base Salary. Upon commencement of employment, EMPLOYEE's initial salary shall be established at Step 4 (currently $141,228.00 annual salary) of the Police Chief classification of the CITY's current adopted salary schedule (Council Resolution No. 4016), and is entitled to any cost-of-living adjustments as may be approved and reflected in any subsequent adopted salary schedules of the CITY. EMPLOYEE shall be eligible for consideration of advancement on the adopted salary schedule on the basis of an annual performance evaluation as conducted by the City Manager. Nothing herein shall be deemed 5 of 12
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to impair the CITY's authority to revise the salary for the Police Chief position on the CITY's salary schedule.
3.2 Vacation and Sick Leave Sellback. EMPLOYEE is annually allowed a sellback of up to forty (40) hours of accrued vacation leave first. Also annually, upon such sell-back of 40 vacation hours, or when no further vacation hours are available or qualify for sell- back, then up to forty-eight (48) hours of accrued sick leave is allowed for sellback.
Sellback is made available beginning with the first full pay period in July, and paid out as part of the employee's regularly scheduled paycheck. Payment may also be accommodated during either of the two separate check issuances occurring in September and March.
Sellback for each leave is subject to maintaining the required leave balance in the respective leave category as established by City Council adopted Salary Resolution.
3.3 Uniform Allowance. The CITY shall purchase EMPLOYEE's initial uniform at time of EMPLOYEE's hire to provide the necessary attire to represent the CITY and be visibly recognized and serving as the Police Chief. Future uniform allowances in the amount of twelve hundred ($1,200) or such other amount as is approved by the City Council will be provided on an annual basis, as established and amended according to the most recent CITY adopted Salary Resolution.
3.4 Pro-Rata Decrease. EMPLOYEE acknowledges that the Base Salary may be subject to pro rata decrease based on the City Council's adoption of any wage reduction as a budgetary measure, though that is not anticipated as of the signing of this Agreement.
Should the CITY implement a wage reduction for Unrepresented Executive Management employees during the life of this Agreement while EMPLOYEE is in the Position, EMPLOYEE's base pay will be reduced in an amount no greater in percentage than the average reduction of other employees in the Unrepresented Executive Management group.
3.5 Review and Evaluation. The City Manager agrees to review and evaluate EMPLOYEE's performance of their duties as Police Chief pursuant to the terms of this Agreement on not less than an annual basis and to provide EMPLOYEE with a written performance review. The annual review and evaluation shall be conducted in January of each year, or at such later time scheduled at the City Manager's discretion.
3.6 Education Incentive. Upon receipt of the Peace Officer Standards and Training Commission ("POST") Executive Certificate, EMPLOYEE will receive a two-and one- half percent (2.5%) education incentive pay increase.
SECTION 4. Non-Cash Compensation and Benefits:
4.1 CalPERS Retirement. The CITY does not participate in Social Security. CITY agrees to continue to enroll EMPLOYEE as a member of the California Public Employees 6 of 12
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Retirement System (CalPERS) in the CalPERS "Public Safety" plan of 3% at 55 program for qualifying "Classic" members, consistent with the provisions of the California Public Employees Pension Reform Act of 2013 (PEPRA). Pursuant to California Government Code § 53244, a local public officer who is convicted by a State or federal trial court of any felony under State or federal law for conduct arising out of, or in the performance of, their official duties shall forfeit any contract right or other common law, constitutional or statutory claim against a public agency employer to retirement or pension rights or benefits.
4.2 Deferred Compensation Retirement Plan (IRS 457(b) or 401a). CITY shall provide a 1:1 matching contribution equivalent to EMPLOYEE's directed payroll contribution towards any CITY approved Deferred Compensation Plan, and limited to a maximum of six percent (6%) of EMPLOYEE's annual Base Salary.
4.3 Medical/Dental/Vision Coverage. CITY agrees to provide the EMPLOYEE and eligible family members with medical, dental, and vision insurance. CITY shall pay (80%) of the premiums for the EMPLOYEE and eligible family members.
4.4 Vacation Accrual. EMPLOYEE shall accrue vacation leave at the rate of one hundred sixty hours (160) per year. Upon the signing of this Agreement, eighty (160) hours of borrowed vacation leave shall be immediately available to EMPLOYEE. Proceeding years shall resume at regularly scheduled accrual rates as established by the most recently adopted Salary Resolution. Upon separation, EMPLOYEE is entitled to receive payment at their current Base Rate for all unused vacation time accrued as of the effective date of separation.
4.5 Sick Leave Accrual. EMPLOYEE shall accrue sick leave at the rate of ninety- six hours (96) per year. Upon the signing of this Agreement, ninety-six hours (96) hours of borrowed sick leave shall be immediately available to EMPLOYEE. Proceeding years shall resume at regularly scheduled accrual rates as established by the most recently adopted Salary Resolution.
4.6 Life Insurance. CITY shall provide EMPLOYEE with the same life insurance provided to other Unrepresented Executive Management employees of the CITY, which is currently set for $100,000 coverage. EMPLOYEE shall have the sole discretion in designating any beneficiary(ies) under such life insurance policy.
4.7 Other Non-Cash Benefits. Unless otherwise specifically provided for in this Agreement, CITY will provide the EMPLOYEE with the same type and level of benefits as provided to other Unrepresented Executive Management level employees within the CITY's employ, including, but not limited to holidays, sick leave, vacation, and term life insurance.
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All actions taken by the City Council relating to those benefits for other executive management employees of CITY shall be considered actions relating to those benefits of EMPLOYEE and shall be deemed to be agreeable amendments to this Agreement without any need for a written amendment or modification signed by all parties.
EMPLOYEE shall be responsible for an income tax liability arising out of receipt of benefits provided under this Agreement which exceed the allowable tax exempt amounts including, but not limited to, excess life insurance, and EMPLOYEE agrees to hold CITY harmless and indemnify it for any liabilities, costs and expenses caused by any tax authority relating to these benefits.
4.8 Hours of Work and Management Leave. In recognition of the fact that EMPLOYEE is an exempt employee pursuant to the provisions of the Fair Labor Standards Act (FLSA), and is expected to work any and all hours/days necessary to competently and fully perform the functions as Police Chief, the EMPLOYEE is provided with ten (10) days (i.e. 56 hours) of paid management leave annually. EMPLOYEE shall not be entitled to nor receive any overtime pay. Management leave shall be subject to the CITY policies and practices governing management leave provided to other Unrepresented Executive Management employees of the CITY. Management leave is to be used at the discretion of the EMPLOYEE, with the consent of the City Manager which will not be unreasonably denied.
4.9 Use of CITY-Owned Vehicle and Equipment. The CITY agrees to provide a CITY vehicle for job-related and incidental use, including travel to and from home and work. CITY shall also provide a CITY issued cellular telephone and Surface Pro (or comparable computer device) for remote access work and connection to CITY servers).
4.10 Professional Development. CITY agrees to budget and pay the professional dues, subscriptions, travel and other business expenses of the EMPLOYEE reasonably necessary for his/her continuation and participation in national, regional, State and local associations and organizations selected by the City Manager, including the California Police Chiefs Association, Kings County Police Chiefs, League of California Cities and similar organizations, necessary and desirable for his/her continued professional participation, growth and advancement, for the benefit of the CITY. Notwithstanding the foregoing, CITY shall have the sole and exclusive discretion as to which items noted in this paragraph shall be paid by CITY.
SECTION 5. General Provisions.
5.1 Notices. Notices pursuant to this Agreement shall be given by United States Postal Service delivery, first class mail postage pre-paid, addressed as follows:
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If to the CITY: City of Corcoran
Attn: City Manager
832 Whitley Avenue
Corcoran, CA 93212.
If to EMPLOYEE: Margarita (Maggie) Ochoa
911 Hanna Avenue
Corcoran, CA 93212
(or otherwise to Employee's residence as identified in
Employee's personnel records)
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to in civil law proceedings. Notice shall be deemed given as of the date of personal service or as of the fifth calendar day after deposit of such written notice into the United States Postal Service.
5.2 Indemnification. CITY shall defend, hold harmless and indemnify EMPLOYEE against any tort, personnel, civil rights or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of performance of EMPLOYEE's duties as Police Chief, in accordance with California's Tort Claims Act (Government Code §§ 825 et seq.), and shall provide a defense to EMPLOYEE in accordance with Government Code §§ 995-996.5.
The CITY may decline to defend or indemnify EMPLOYEE only to the extent permitted by applicable laws. EMPLOYEE agrees that CITY or its insurance carrier may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgement. Provided, however, that the CITY's duty to defend and indemnify shall be contingent upon EMPLOYEE's good faith cooperation with such defense.
5.3 Conflict with City Municipal Code. The CITY's personnel ordinances, resolutions, rules and policies shall apply to the EMPLOYEE in the same manner as applied to other management employees, provided, however, in the event of a conflict between the provisions of this Agreement and the CITY's Municipal Code or any ordinance, the Municipal Code and any ordinance shall prevail over this Agreement.
5.4 Entire Agreement. This Agreement represents the entire agreement between the CITY and EMPLOYEE as to each and all of the subjects discussed herein and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the employment of EMPLOYEE by CITY, and contains the entirety of all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreement, oral or otherwise, have been made by either party, or by anyone acting on behalf of either 9 of 12
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party, which are not embodied herein, and that no other employment agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party.
5.5 m Modifications. Any modifications to his Agreement shall be effective only if in writing and signed by both parties hereto.
5.6 Effect of Waiver. The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right of power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
5.7 Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, unenforceable or in conflict with any code or regulation governing its subject matter, only the offending provision shall be considered null and void and the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated for cause, at the option of the affected party.
5.8 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
5.9 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. EMPLOYEE agrees to perform this Agreement in accordance with all applicable federal, State and local laws. EMPLOYEE and CITY agree that this Agreement is deemed to be entered into in Corcoran, California, and that venue for any dispute between the parties shall be in Kings County, California.
5.10. Assignment. Unless otherwise provided in this Agreement, CITY is relying upon the personal skill, expertise, training and experience of EMPLOYEE and no part of this Agreement may be assigned or subcontracted by EMPLOYEE without the prior written consent of CITY. Any attempted assignment shall be null and void.
5.11. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
5.12. No Third-Party Beneficiaries Intended. Unless specifically set forth, the parties to this Agreement do not intend to provide any other person or entity other than a signatory hereto with any benefit or enforceable legal or equitable right or remedy. 10 of 12
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5.13. Construction. This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
5.14. Representation by Legal Counsel. The parties acknowledge and agree that they were, or had a reasonable opportunity to be, represented individually by legal counsel with respect to the matters which are the subject of this Agreement and that, either way, they are now fully advised with respect to their respective rights and obligations resulting from signing this Agreement.
IN WITNESS WHEREOF, the City Council of the City of Corcoran has authorized its City Manager to sign and execute this Agreement on behalf of the CITY, as set forth below, and EMPLOYEE has fully reviewed, signed and executed this Agreement. By affixing their signatures below each of the parties indicate that each agrees to be deemed to have read and understood the Agreement, and shall abide by the terms stated herein. [SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of January, 2024.
CITY OF CORCORAN EMPLOYEE
By. By -
Greg Gatzka, City Manager Margarita Ochoa
Attest: Approved as to Form:
By By.
Marlene Spain, City Clerk Moses Diaz, City Attorney
Joseph Beery, Deputy City Attorney
PUBLIC INTEREST LAW FIRM
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Resolution NO. 4016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORCORAN
ADOPTING A COMPENSATION AND BENEFIT PLAN
FOR THE FISCAL YEAR 2023-24
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Corcoran that adjustments to the compensation and benefits plan for Fiscal Year 2023-24 be made and compensation shall be as indicated effective on the date specified below for the fiscal year above written:
Effective first full pay period after July 1, 2023, bi-weekly compensation shall be as indicated for the following represented classifications:
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Note
Account Clerk 1,392.61 1,462.90 1,537.99 1,616.81 1,698.82 A,D,G,O Account Technician 1,887.69 1,982.31 2,081.08 2,185.38 2,294.31 A,D, G,O Administrative Assistant 1,575.55 1,654.58 1,737.50 1,823.76 1,915.04 A,D,G,O Building Inspector I 1,980.67 2,079.86 2,183.75 2,293.38 2,408.23 A,D,G,I,0 Building Inspector I! 2,292.92 2,407.38 2,527.85 2,654.31 2,786.77 A,D,G,I,0 Chief Fleet Mechanic 1,770.31 1,858.20 1,951.19 2,069.83 2,151.36 C,D,F,G,I,0 Clerk/Dispatcher I 1,529.14 1,605.84 1,686.32 1,770.05 1,858.63 B,D, H,I,P, S Clerk/Dispatcher I 1,621.47 1,702.11 1,787.07 1,876.84 1,970.44 B,D, H,I,P, S Clerk/Dispatcher III 1,783.38 1,872.46 1,965.69 2,063.54 2,166.46 B,D,H,I,P, S Code Enforcement Officer 1,637.10 1,719.03 1,805.45 1,895.38 1,990.30 C, D,G, 1,0 CSO/ Animal Control 1,514.44 1,590.40 1,670.11 1,753.03 1,840.76 B,D,E, H,I,P, S CSO/ Animal Control Il 1,666.15 1,749.23 1,836.92 1,928.77 2,025.23 B,D,E, H,I,P, S CSO/ Prop. & Evidence Tech. 1,514.44 1,590.40 1,705.46 1,753.03 1,840.76 B,D,E,G,I,O,S CSO/ Prop. & Evidence Tech. I| 1,666.15 1,749.23 1,836.92 1,928.77 2,025.23 B,D,E, G,I,O, S Dispatcher Supervisor 1,966.15 2,064.46 2,167.38 2,275.38 2,388.92 B,D,H,I,P, S, T Fleet Mechanic 1,652.31 1,734.92 1,821.69 1,912.62 2,008.62 C,D, FG,1,0 Maintenance Worker | 1,354.30 1,421.80 1,493.00 1,567.88 1,646.46 C,D,F, G,1,0 Maintenance Worker I| 1,522.35 1,598.71 1,678.83 1,762.18 1,850.37 C,D,F, G,1,0 Parks & Streets Maint. Super. 2,059.34 2,161.90 2,270.17 2,383.57 2,503.23 C,D,F, G,1,0 Planning Technician 1,575.69 1,654.62 1,737.23 1,824.46 1,915.38 A,D,G,O Planner I 1,980.46 2,079.69 2,183.54 2,292.46 2,407.38 A,D, G,O Planner I/ 2,292.92 2,407.38 2,527.85 2,654.31 2,786.77 A, D,G,0 Police Corporal 2,281.02 2,394.97 2,515.33 2,640.51 2,772.64 B,D, H,I,P,S,T Police Officer I 2,068.65 2,172.43 2,281.02 2,394.97 2,515.33 B,D, H,I,P, S Police Officer I| 2,172.43 2,281.02 2,394.97 2,515.33 2,640.51 B,D,H,I,P, S Police Sergeant 2,600.80 2,730.23 2,866.86 3,010.11 3,161.12 B,D,H,I,P,S, T Records Clerk I 1,373.75 1,442.22 1,514.44 1,514.44 1,670.11 B,D,G, I,O, S Records Clerk I! 1,470.75 1,544.67 1,620.51 1,701.63 1,786.59 B,D,G, I,O, S Records Clerk I! 1,617.69 1,698.46 1,783.38 1,872.46 1,965.69 B,D,G,I,0,S Records Supervisor 1,783.38 1,872.46 1,965.69 2,063.54 2,166.46 B,D,G,I,O,S,T Senior Account Clerk 1,552.85 1,632.69 1,715.79 1,803.78 1,895.57 A,D, G,O Transit Coordinator 1,646.19 1,727.92 1,814.39 1,905.61 2,000.52 C,D,G,O Transit Operator 1,258.93 1,322.17 1,388.12 1,457.31 1,530.28 C,D,G,1,0 Transit Operator Il 1,654.15 1,737.23 1,824.00 1,914.92 2,010.92 C,D,G,1,0 Water Chief Plant Operator 3,047.16 3,199.93 3,359.39 3,527.59 3,704.02 C,D,E,F,G,1,0 Water Shift Operator 2,132.17 2,238.67 2,351.06 2,468.26 2,591.89 C,D,E,F, G,I,0 Water Lead Shift Operator 2,528.89 2,655.55 2,788.25 2,927.52 3,073.93 C,D,E,F,G,I,0 Water Utility Operator 1,717.68 1,803.79 1,893.95 1,988.74 2,088.14 C,D,E, F,G,1,0 Water Utility Worker 1,456.30 1,528.89 1,605.45 1,685.41 1,769.91 C,D,E,F,G,I,0 WWTP Chief Plant Operator 2,579.12 2,708.00 2,843.26 2,985.99 3,135.10 C,D,E, F,G, 1,0 WWTP Lead Utility Operator 2,095.92 2,200.88 2,310.82 2,426.83 2,558.75 C,D,E,F,G,I,0 WWTP Utility Operator l 1,551.99 1,629.84 1,711.52 1,796.49 1,886.40 C,D,E,F, G,1,0 WWTP Utility Operator I! 1,805.93 1,896.31 1,991.65 2,090.85 2,195.55 C,D,E,F,G, 1,0 WWTP Operator In Training 1,210.15 1,271.08 1,334.31 1,428.46 1,500.46 C,D,E,F,G,I,O Il. Effective first full pay period after July 1, 2023, bi-weekly compensation shall be as indicated for the following unrepresented classification:
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Note
Accountant 1,392.61 1,462.90 1,537.99 1,616.81 1,698.82 C,G,0,Q Deputy City Clerk 1,824.23 1,915.56 2,011.13 2,111.87 2,217.32 C,G,0,Q Executive Assistant (PD) 1,967.36 2,066.35 2,169.64 2,277.77 2,391.82 C,G,0,Q,S Transit & Grants Manager 1,967.36 2,066.35 2,169.64 2,277.77 2,391.82 C, G,O,Q III. Effective first full pay period after July 1, 2023, bi-weekly compensation shall be as indicated for the following management classifications:
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Note
Assistant Building Official 2,693.08 2,827.85 2,969.54 3,117.69 3,273.69 C,G,I,0,Q Asst. to the CM / City Clerk 2,565.05 2,693.09 2,827.58 2,969.07 3,118.08 C, G,0,Q Comm./Records Manager 2,432.77 2,772.46 2,910.92 3,056.31 3,209.54 C,G,1,0,Q,S Community Dev Director 4,177.89 4,386.62 4,606.65 4,836.90 5,078.45 C,G,0,Q Deputy Police Chief 3,856.72 4,049.72 4,252.32 4,461.82 4,686.99 C,G, 1,0, Q Finance Director 4,505.71 4,730.89 4,967.35 5,215.66 5,476.38 C,G,0,Q Lieutenant 3,319.85 3,485.54 3,659.54 3,842.31 4,034.31 C,G,1,0,Q Police Chief 4,692.73 4,926.74 5,173.14 5,434.39 5,703.58 CONTRACT Public Works Director 4,474.35 4,698.78 4,933.64 5,180.02 5,439.02 C,G, 1,0,Q Utilities Superintendent 2,693.08 2,827.85 2,969.54 3,117.69 3,273.69 C,G,1,0,Q Step 1. The first step of the salary range of the City of Corcoran's Compensation Plan.
Step 2. Available to those employees who have completed one year of satisfactory performance in Step 1 of the compensation plan and have met all other merit increase provisions.
Step 3. Available to those employees who have completed one year of satisfactory performance in Step 2 of the compensation plan and have met all other merit increase provisions.
Step 4. Available to those employees who have completed one year of satisfactory performance in Step 3 of the compensation plan and have met all other merit increase provisions.
Step 5. Available to those employees who have completed one year of satisfactory performance in Step 4 of the compensation plan and have met all other merit increase provisions.
Police Officers assigned to the following specialty assignments will receive a base pay rate 5% above their current step:
MCTF/Narcotics Task Force/Gang Task Force, School Resource Officer, Detective, or K-9.
Police Officers assigned as Field Training Officers will receive a base pay rate 3% above their current step, for any pay period during which they perform this function.
Clerk/Dispatchers will receive specialty assignment pay of $50 per pay period for any dispatcher assigned to train a newly employed dispatcher.
Clerk/Dispatcher and Record Clerks will receive a $50 stipend for each occurrence when asked to serve as jail matron with a maximum of $200 per month.
Longevity Pay as per MOU.
VI. Effective first full pay period after July 1, 2023, compensation shall be as indicated for the following part-time positions:
Administrative Assistant $18.00
Clerk Dispatcher $19.00
Crossing Guard $17.00
Office Clerk $18.00
Police Officer Trainee (Aca) $24.00
Records Clerk $17.00
Reserve Police Officer-Level 1 $25.00
Transit Driver $17.00
CONDITION NOTES/FULL-TIME EMPLOYEES
Conditions J,K, L, M and R apply to all full-time employees. CONTRACT refers to a separate employment contract that establishes terms, conditions, and benefits that may differ from benefits defined within this resolution, the greater of which shall take precedence.
A. Works 40 hour per week on weekdays.
B. Works shifts assigned by the Department Head
C. Works 40 hours per week and/or as necessary.
D. Authorized overtime compensated at one and one-half times the hourly shift rate as per Sections 517 and 519 of the City of Corcoran Personnel Manual and current Memorandums of Understanding.
E. Authorized to receive standby pay at the rate of $150 per week, with an additional $25 for each holiday that falls within a standby period.
F. Authorized to receive a minimum of two hours overtime accumulation when called back to duty. This compensation to be in addition to any standby pay received.
G. Observes eleven municipal holidays on a guaranteed basis.
H. Does not observe municipal holidays, but receives holiday in-lieu compensation of 4½% of the employee's annual salary.
I. Eligible for uniform maintenance and allowance as provided below and to be disbursed as indicated:
1. Police Officers, Chief and Deputy Chief $1,000.00 paid in December and June (in arrears)
2. Community Service Officers $700.00 paid in December and June (in arrears)
3. Dispatchers, Records Clerks and
Communications/Records Manager $500.00 paid in December and June (in arrears)
4. Public Works Director $500.00 paid in July (in advance)
5. Building Division $500.00 paid in July (in advance)
6. Reserves $400.00 paid in December and June (in arrears) J. Effective July 1, 2018
COA: The City's contribution towards the employees' monthly premiums for health and welfare insurance programs for employees will continue to be 80% of the total cost for employees hired before January 1, 2013.
For employees hired after January 1, 2013 the City's contribution towards the employees' monthly premiums for health and welfare insurance programs will be 70% of the total cost.
Employees in CLOCEA, Local 39, or Unrepresented: The City contribution towards the employees' monthly premium for health and welfare insurance programs for employees will be 75% of the total cost.
Employees who have medical coverage elsewhere and opt out of the City's plan are eligible to receive $150 a month in the form of a contribution to a Deferred Comp account.
K. Effective July 1, 2015, sick leave shall continue to be accrued as follows:
1. 3.69 hours per biweekly pay period for employees on 8 hour shifts, 4.06 hours per biweekly pay period for employees on 10 hour shifts and 4.43 hours per biweekly pay period for employees on 12 hour shifts.
2. Unused sick leave may be sold back to the City as per the current Memorandum of Understanding and/or City Personnel Manual.
L. Effective July 1, 2015, vacation leave hours shall be accrued per biweekly pay period as follows:
Years of Service 8 hour shifts 10 hour shifts 12 hour shifts 0 - 4 3.08 3.39 3.70
5 - 9 4.62 5.08 5.54
10 or more 6.15 6.77 7.39
Administrative leave shall be credited to the following positions in the amounts shown on an annual basis. 4 days Executive Assistant--Police Department
Accountant
Human Resources Coordinator
Deputy City Clerk
7 days City Manager
Departments Heads
Assistant to the City Manager/City Clerk
Assistant Community Development Director/Building Official Deputy Police Chief
Communications/Records Manager
Public Works Utilities Superintendent
10 days Police Chief
No employee shall accumulate more than thirty (30) (45 for management) days vacation leave regardless of length of service without approval from the City Manager.
Employees may sell up to 5 days of accumulated vacation a year as long as they maintain 20 days accumulation, as per the current Memorandum of Understanding. COA employees may sell up to an additional 160 hours at 60% of hourly rate per Memorandum of Understanding.
M. Effective July 1, 2015, the reimbursement rate for use of a personal vehicle for City Business will continue to be the current IRS reimbursement rate or per the Travel and Training Policy.
O. Eligible to receive one floating holiday a year.
P. Eligible to receive two floating holidays a year.
Q. Eligible for a City match of $1 for every $1 of contributions to a deferred compensation plan by the employee, up to a maximum of 5% of the employee's salary.
R. Retirement benefits for full-time employees are provided by contract with CaPERS. Employees as of July 1, 2012 are covered under 2%@55(single highest year) for miscellaneous employees and 3%@55(single highest year) for safety employees. Effective January 1, 2013 a two-tier plan was established with new employees covered under 2%@62 (final three years) for miscellaneous employees and 2.7%@57(final three years) for safety employees. Plan costs are split between the City and employee in accordance with the current MOU.
S. Effective July 1, 2023, Police Department Employees, excluding the Deputy Chief and Chief, are eligible for an annually applied educational incentive at the employee's highest advanced education attained that includes 2.5% for associates degree, 5% for bachelors degree, or 10% masters degree. Not to be combined.
T. Effective July 1, 2023, Police Department supervisor positions are eligible for deferred compensation match on a 1/1 basis up to $2,500 annually.
Passed and approved at the regular meeting of the City Council of the City of Corcoran held on the 27th day of June, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:_
Jeanette Zamora-Bragg, Mayor
ATTEST:_
Marlene Lopez, City Clerk
CLERKS CERTIFICATE
City of Corcoran }
County of Kings
State of California }
, hereby certify that the foregoing is a full, true and correct copy of a resolution passed and adopted by the City Council of the City of Corcoran at a regular meeting held on the __ th day of _ by the vote as set forth therein.
DATED:
ATTEST:
City Clerk
[ seal ]
City of
CORCORAN
FOUNDED 1914
CITY ADMINISTRATION
STAFF REPORT
ITEM #: 6-C
MEMO
TO: Corcoran City Council
FROM: Greg Gatzka, City Manager
DATE: January 19, 2024 MEETING DATE: January 23, 2024
SUBJECT: Corcoran Chamber of Commerce Agreement
Summary:
The City's Agreement with the Corcoran Chamber of Commerce expired on June 30, 2023. The updated agreement will cover the next three years through June 30, 2026.
Recommendation:
Consider approval of the Corcoran Chamber of Commerce Agreement and authorize the Mayor to sign on behalf of the City.
Budget impact:
The City's contributions to support the Corcoran Chamber of Commerce are covered by the General Fund. The previous agreement provided $38,000 each fiscal year for Fiscal Years 2020- 2021, 2021-2022, and 2022-2023. The Chamber Board Executive Committee requested that the City consider increasing the contribution to help cover chamber cost increases, and the City Manager recommended a cost increase of $12,000 annually as part of the FY 2023-2024 Budget.
The cost increase is already covered in the City's adopted budget, and now the agreement needs to be updated to authorize the Finance Department to issue payment.
Background:
The City of Corcoran has had a long standing joint partnership with the Corcoran Chamber of Commerce for ongoing support and promotion of local businesses, and key community events that draw thousands of visitors each year. In addition, the Chamber has been instrumental in supporting additional activities that promote the City and increase business sales that include the Gateway Park Grand Opening, the Five Pillars of Freedom unveiling, and the Downtown Business Improvement Grant as part of the Covid recovery process. The City Manager is recommending that the City support this continued investment and partnership with our local Chamber of Commerce.
Attachment: 2024 Corcoran Chamber of Commerce Agreement City Offices
832 Whitley * Corcoran, CA 93212 * Phone 559-992-2151 * www.cityofcorcoran.com
AGREEMENT BETWEEN THE CITY OF CORCORAN
AND
CORCORAN CHAMBER OF COMMERCE
This Agreement ("Agreement") is made and entered into this _ day of January, 2024, by and between the City of Corcoran, a California municipal corporation ("City") and the Corcoran Chamber of Commerce ("Chamber").
WITNESSETH:
WHEREAS, the City, recognizing the need for continued development of the economic base of the community is a municipal purpose, wishes to provide for a coordinated effort to encourage, promote, and foster the economic development of the community; and WHEREAS, the Mayor and Councilmembers are to make expenditures of public funds for municipal purposes only, and are further required to oversee such expenditures; and WHEREAS, the Chamber, in addition to its other community activities and functions, has traditionally and actively promoted business development and economic growth within the City for the purpose of creating jobs and expanding the tax base, and as a result thereof has obtained certain knowledge and expertise in this field of endeavor; and WHEREAS, the it is the desire of the parties that the entities involved in furthering the economic well being of the community maintain their historic effort in that regard while combining their efforts for such purposes so that an effective economic development program for Corcoran results; and
NOW, THEREFORE, in consideration of the covenants and conditions stated herein, and in consideration of the mutual benefits which will accrue to each of the parties hereto, as well as to the public good of all the citizens of Corcoran, the parties have agreed and do hereby agree a follows:
1. THE CHAMBER WILL:
A. Assist with business expansion of existing business. This includes but is not limited to the gathering and dissemination of information, research, promotional programs, publications, and services and to representing the City's interests in negotiating with industrial and business prospects wishing to locate in Corcoran.
B. Funds provided by the City will be used to support Chamber of Commerce activities which are related to economic development and community promotion. 1 of 3
C. Operate programs for the general public good for the promotion of business, industry and trade within the City. Examples include:
• Annual Chamber Dinner
• Spring Fest
• Farmers Markets
• Cotton Festival
• Christmas Parade
• Christmas in the Park
D. Indemnify the City and hold it harmless from any and all claims, suits, demands and causes of action resulting from the acts or failure to act of any agent, servant or employee of the Chamber, or any other person pursuant to this Agreement.
E. Provide reports accounting for the expenditures of the funds covered by this agreement upon request by the City.
2. THE CITY WILL:
A. Compensate the Chamber for services rendered pursuant to this Agreement in the sum of:
• $50,000 for July 1, 2023 - June 30, 2024
• $50,000 for July 1, 2024 - June 30, 2025
• $50,000 for July 1, 2025 - June 30, 2026
Payable in four (4) quarterly installments after the Chamber submits an invoice to the City, such funds to be expended only under the terms, conditions, and restrictions and for the purposes specifically set forth in this agreement.
Nothing in this contract, however, shall prevent the City from specifically funding new projects as proposed by the Chamber.
3. THE CITY AND CHAMBER JOINTLY AGREE:
A. That all persons working for the Chamber under this Agreement shall be employees of the Chamber.
The Chamber shall have a Commercial General Liability Insurance on an occurrence basis, including products-completed operations, personal and advertising injury, with limits no less than ONE MILLION and NO/100 DOLLARS ($1,000,000) per occurrence.
C. That this contract is not assignable.
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D. That this Agreement shall continue in force and the payments hereunder shall continue until either a new agreement is approved or until the City Council votes to terminate the existing agreement. Payments shall not terminate nor services cease without 90 days notice to the other party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of January, 2024.
CITY OF CORCORAN CORCORAN CHAMBER OF
A MUNICIPAL CORPORATION COMMERCE
By_ By.
Jeanette Zamora-Bragg, Mayor Chair of the Board
Attest: Attest:
By. By .
Marlene Spain, City Clerk Secretary
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City of
CORCORAN
FOUNDED 1914
CITY ADMINISTRATION
STAFF REPORT
ITEM #: 6-B
MEMO
TO: Corcoran City Council
FROM: Greg Gatzka, City Manager
DATE: January 19, 2024 MEETING DATE: January 23, 2024
SUBJECT: Police Chief Employment Agreement and Salary Resolution Amendment Summary:
Maggie Ochoa has been selected as the City's new Police Chief, and an employment agreement has been prepared. If approved, amendments are necessary to the City's FY 23-24 Salary Resolution to reflect the agreement provisions.
Recommendation:
Consider taking action on the following:
1. Amend Resolution No. 4016 to make minor edits and changes for consistency with the Police Chief employment agreement; and
2. Authorize the City Manager to sign the Police Chief Employment Agreement on behalf of the City.
Budget impact:
The proposed starting salary for the Police Chief is at Step 4 (Annual salary of $141,294) within the current Police Chief Salary Range as established by Council adopted resolution. Additional benefits changes are proposed within the Employment Agreement and are estimated to be an increased City cost of approximately $2,287 during the remainder of FY 2023-2024. These costs are already covered in the City's adopted FY 2023-2024 Budget, and the City has had salary savings from the position vacancy over the past six months and hiring of Dave Putnam as a CaPERS retired annuitant which only allows hourly compensation without any additional benefits.
Background:
The proposed Police Chief Employment Agreement is new for this position, but aligns with current trends in Agency Police Chief hirings. The agreement was developed by the City Manager and City Attorney and integrates current and relevant State law provisions, and other procedural terms and conditions of employment that provide greater certainty and understanding of expectations for City Offices
832 Whitley * Corcoran, CA 93212 * Phone 559-992-2151 * www.cityofcorcoran.com both the City and new Police Chief. This agreement will establish two new benefits and increase six existing benefits that include:
1. Addition of six (6) months severance;
2. Addition of 2.5% salary incentive for completion of POST Executive Certificate;
3. Increased uniform allowance from $1,000 to $1,200;
4. Increased deferred compensation match from 5% to 6%;
5. Increased health benefit contribution from 75% to 80%;
6. Increased life insurance coverage from $70k to $100k;
7. Increased management leave by three additional days; and
8. Increased allowance to city's maximum vacation leave accrual.
As the city's employee salary and benefits are set by the City Council through the annual salary resolution, the current Council Resolution No. 4016 will need to be amended to incorporate the above mentioned benefit changes, and make a few minor corrections. The City Manager recommends making the following amendments to Council Resolution No. 4016 as provided in the attached resolution:
- Stepect at soon read 1 42 46kly dead or a3 40% for WWTP Operator in Training
2. Update Section III for Unrepresented Management to change the Police Chief Note to list "CONTRACT"
3. Add an additional sentence under CONDITION NOTES/FULL-TIME EMPLOYEES to read "CONTRACT refers to a separate employment contract that establishes terms, conditions, and benefits that may differ from benefits defined within this resolution, the greater of which shall take precedence."
4. On Condition Notes I.I. remove reterence to Chiet.
5. On Condition Notes L under 4 days update by removing "Human Resources Coordinator" andæadd "Deputy City Clerk."
6. On Condition Notes L under 7 days update by changing classification title from "Public Works Superintendent" to "Utilities Superintendent."
7. On Condition Notes L add new category with "10 days Police Chief." Resolution NO. 4016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORCORAN
ADOPTING A COMPENSATION AND BENEFIT PLAN
FOR THE FISCAL YEAR 2023-24
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Corcoran that adjustments to the compensation and benefits plan for Fiscal Year 2023-24 be made and compensation shall be as indicated effective on the date specified below for the fiscal year above written:
1. Effective first full pay period after July 1, 2023, bi-weekly compensation shall be as indicated for the following represented classifications:
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Note
Account Clerk 1,392.61 1,462.90 1,537.99 1,616.81 1,698.82 A,D, G,O Account Technician 1,887.69 1,982.31 2,081.08 2,185.38 2,294.31 A,D, G,O Administrative Assistant 1,575.55 1,654.58 1,737.50 1,823.76 1,915.04 A, D,G,O Building Inspector I 1,980.67 2,079.86 2,183.75 2,293.38 2,408.23 A,D,G,I,0 Building Inspector I 2,292.92 2,407.38 2,527.85 2,654.31 2,786.77 A, D,G,1,0 Chief Fleet Mechanic 1,770.31 1,858.20 1,951.19 2,069.83 2,151.36 C,D,F,G,I,0 Clerk/Dispatcher I 1,529.14 1,605.84 1,686.32 1,770.05 1,858.63 B,D,H,I,P,S Clerk/Dispatcher I/ 1,621.47 1,702.11 1,787.07 1,876.84 1,970.44 B,D,H,I,P, S Clerk/Dispatcher I!! 1,783.38 1,872.46 1,965.69 2,063.54 2,166.46 B,D,H,I,P, S Code Enforcement Officer 1,637.10 1,719.03 1,805.45 1,895.38 1,990.30 C,D,G,I,0 CSO/ Animal Control 1,514.44 1,590.40 1,670.11 1,753.03 1,840.76 B,D,E,H,I,P, S CSO/ Animal Control Il 1,666.15 1,749.23 1,836.92 1,928.77 2,025.23 B,D,E,H,I,P, S CSO/ Prop. & Evidence Tech. 1,514.44 1,590.40 1,705.46 1,753.03 1,840.76 B,D,E,G,1,0, S CSO/ Prop. & Evidence Tech. II 1,666.15 1,749.23 1,836.92 1,928.77 2,025.23 B,D,E,G,1,0, S Dispatcher Supervisor 1,966.15 2,064.46 2,167.38 2,275.38 2,388.92 B,D,H,I,P, S,T Fleet Mechanic 1,652.31 1,734.92 1,821.69 1,912.62 2,008.62 C,D, FG,1,0 Maintenance Worker I 1,354.30 1,421.80 1,493.00 1,567.88 1,646.46 C,D,F,G, I,0 Maintenance Worker I| 1,522.35 1,598.71 1,678.83 1,762.18 1,850.37 C, D,F, G,1,0 Parks & Streets Maint. Super. 2,059.34 2,161.90 2,270.17 2,383.57 2,503.23 C,D,F, G, I,0 Planning Technician 1,575.69 1,654.62 1,737.23 1,824.46 1,915.38 A, D,G,O Planner I 1,980.46 2,079.69 2,183.54 2,292.46 2,407.38 A, D,G,0 Planner I| 2,292.92 2,407.38 2,527.85 2,654.31 2,786.77 A, D,G,0 Police Corporal 2,281.02 2,394.97 2,515.33 2,640.51 2,772.64 B,D,H,I,P, S, T Police Officer I 2,068.65 2,172.43 2,281.02 2,394.97 2,515.33 B,D,H,I,P, S Police Officer Il 2,172.43 2,281.02 2,394.97 2,515.33 2,640.51 B,D,H,I,P,S Police Sergeant 2,600.80 2,730.23 2,866.86 3,010.11 3,161.12 B,D,H,I,P,S, T Records Clerk I 1,373.75 1,442.22 1,514.44 1,514.44 1,670.11 B,D,G,I,0,S Records Clerk I| 1,470.75 1,544.67 1,620.51 1,701.63 1,786.59 B,D,G,I,0,S Records Clerk III 1,617.69 1,698.46 1,783.38 1,872.46 1,965.69 B,D,G,I,0,S Records Supervisor 1,783.38 1,872.46 1,965.69 2,063.54 2,166.46 B,D,G,I,0,S,T Senior Account Clerk 1,552.85 1,632.69 1,715.79 1,803.78 1,895.57 A, D,G,O Transit Coordinator 1,646.19 1,727.92 1,814.39 1,905.61 2,000.52 C,D, G,O Transit Operator 1,258.93 1,322.17 1,388.12 1,457.31 1,530.28 C,D,G,l,0 Transit Operator I| 1,654.15 1,737.23 1,824.00 1,914.92 2,010.92 C, D, G,1,0 Water Chief Plant Operator 3,047.16 3,199.93 3,359.39 3,527.59 3,704.02 C,D,E,F,G,I,0 Water Shift Operator 2,132.17 2,238.67 2,351.06 2,468.26 2,591.89 C,D,E,F,G,I,0 Water Lead Shift Operator 2,528.89 2,655.55 2,788.25 2,927.52 3,073.93 C,D,E,F,G,I,O Water Utility Operator 1,717.68 1,803.79 1,893.95 1,988.74 2,088.14 C,D,E, F, G, 1,0 Water Utility Worker 1,456.30 1,528.89 1,605.45 1,685.41 1,769.91 C,D,E,F,G,1,0 WWTP Chief Plant Operator 2,579.12 2,708.00 2,843.26 2,985.99 3,135.10 C,D,E,F,G,1,0 WWTP Lead Utility Operator 2,095.92 2,200.88 2,310.82 2,426.83 2,558.75 C,D,E,F,G,1,0 WWTP Utility Operator I 1,551.99 1,629.84 1,711.52 1,796.49 1,886.40 C,D,E,F,G,I,0 WWTP Utility Operator Il 1,805.93 1,896.31 1,991.65 2,090.85 2,195.55 C,D,E,F,G,1,0 WWTP Operator In Training 1,210.15 1,271.08 1,334.31 1,428.46 1,500.46 C,D,E,F,G,1,0 II. Effective first full pay period after July 1, 2023, bi-weekly compensation shall be as indicated for the following unrepresented classification:
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Note
Accountant 1,392.61 1,462.90 1,537.99 1,616.81 1,698.82 C,G,0,Q Deputy City Clerk 1,824.23 1,915.56 2,011.13 2,111.87 2,217.32 C,G,0,Q Executive Assistant (PD) 1,967.36 2,066.35 2,169.64 2,277.77 2,391.82 C,G,O, Q,S Transit & Grants Manager 1,967.36 2,066.35 2,169.64 2,277.77 2,391.82 C,G,0,Q III. Effective first full pay period after July 1, 2023, bi-weekly compensation shall be as indicated for the following management classifications:
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Note
Assistant Building Official 2,693.08 2,827.85 2,969.54 3,117.69 3,273.69 C,G,I,0,Q Asst. to the CM / City Clerk 2,565.05 2,693.09 2,827.58 2,969.07 3,118.08 C,G,0,Q Comm./Records Manager 2,432.77 2,772.46 2,910.92 3,056.31 3,209.54 C,G,1,0, Q,S Community Dev Director 4,177.89 4,386.62 4,606.65 4,836.90 5,078.45 C,G,0,Q Deputy Police Chief 3,856.72 4,049.72 4,252.32 4,461.82 4,686.99 C,G,1,0,Q Finance Director 4,505.71 4,730.89 4,967.35 5,215.66 5,476.38 C,G,0,Q Lieutenant 3,319.85 3,485.54 3,659.54 3,842.31 4,034.31 C, G, 1,0, Q Police Chief 4,692.73 4,926.74 5,173.14 5,434.39 5,703.58 CONTRACT Public Works Director 4,474.35 4,698.78 4,933.64 5,180.02 5,439.02 C, G, 1,0, Q Utilities Superintendent 2,693.08 2,827.85 2,969.54 3,117.69 3,273.69 C,G,1,0,Q Step 1. The first step of the salary range of the City of Corcoran's Compensation Plan.
Step 2. Available to those employees who have completed one year of satisfactory performance in Step 1 of the compensation plan and have met all other merit increase provisions.
Step 3. Available to those employees who have completed one year of satisfactory performance in Step 2 of the compensation plan and have met all other merit increase provisions.
Step 4. Available to those employees who have completed one year of satisfactory performance in Step 3 of the compensation plan and have met all other merit increase provisions.
Step 5. Available to those employees who have completed one year of satisfactory performance in Step 4 of the compensation plan and have met all other merit increase provisions.
Police Officers assigned to the following specialty assignments will receive a base pay rate 5% above their current step:
MCTF/Narcotics Task Force/Gang Task Force, School Resource Officer, Detective, or K-9.
Police Officers assigned as Field Training Officers will receive a base pay rate 3% above their current step, for any pay period during which they perform this function.
Clerk/Dispatchers will receive specialty assignment pay of $50 per pay period for any dispatcher assigned to train a newly employed dispatcher.
Clerk/Dispatcher and Record Clerks will receive a $50 stipend for each occurrence when asked to serve as jail matron with a maximum of $200 per month.
Longevity Pay as per MOU.
VI. Effective first full pay period after July 1, 2023, compensation shall be as indicated for the following part-time positions:
Administrative Assistant $18.00
Clerk Dispatcher $19.00
Crossing Guard $17.00
Office Clerk $18.00
Police Officer Trainee (Aca) $24.00
Records Clerk $17.00
Reserve Police Officer-Level 1 $25.00
Transit Driver $17.00
CONDITION NOTES/FULL-TIME EMPLOYEES
Conditions J, K, L, M and R apply to all full-time employees. CONTRACT refers to a separate employment contract that establishes terms, conditions, and benefits that may differ from benefits defined within this resolution, the greater of which shall take precedence.
A. Works 40 hour per week on weekdays.
B. Works shifts assigned by the Department Head
C. Works 40 hours per week and/or as necessary.
D. Authorized overtime compensated at one and one-half times the hourly shift rate as per Sections 517 and 519 of the City of Corcoran Personnel Manual and current Memorandums of Understanding.
E. Authorized to receive standby pay at the rate of $150 per week, with an additional $25 for each holiday that falls within a standby period.
F. Authorized to receive a minimum of two hours overtime accumulation when called back to duty. This compensation to be in addition to any standby pay received.
G. Observes eleven municipal holidays on a guaranteed basis.
H. Does not observe municipal holidays, but receives holiday in-lieu compensation of 4 ½% of the employee's annual salary.
I. Eligible for uniform maintenance and allowance as provided below and to be disbursed as indicated:
1. Police Officers, Chief and Deputy Chief $1,000.00 paid in December and June (in arrears)
2. Community Service Officers $700.00 paid in December and June (in arrears)
3. Dispatchers, Records Clerks and
Communications/Records Manager $500.00 paid in December and June (in arrears)
4. Public Works Director $500.00 paid in July (in advance)
5. Building Division $500.00 paid in July (in advance)
6. Reserves $400.00 paid in December and June (in arrears) J. Effective July 1, 2018
CPOA: The City's contribution towards the employees' monthly premiums for health and welfare insurance programs for employees will continue to be 80% of the total cost for employees hired before January 1, 2013.
For employees hired after January 1, 2013 the City's contribution towards the employees' monthly premiums for health and welfare insurance programs will be 70% of the total cost.
Employees in CLOCEA, Local 39, or Unrepresented: The City contribution towards the employees' monthly premium for health and welfare insurance programs for employees will be 75% of the total cost.
Employees who have medical coverage elsewhere and opt out of the City's plan are eligible to receive $150 a month in the form of a contribution to a Deferred Comp account.
K. Effective July 1, 2015, sick leave shall continue to be accrued as follows:
1. 3.69 hours per biweekly pay period for employees on 8 hour shifts, 4.06 hours per biweekly pay period for employees on 10 hour shifts and 4.43 hours per biweekly pay period for employees on 12 hour shifts.
2. Unused sick leave may be sold back to the City as per the current Memorandum of Understanding and/or City Personnel Manual.
L. Effective July 1, 2015, vacation leave hours shall be accrued per biweekly pay period as follows:
Years of Service 8 hour shifts 10 hour shifts 12 hour shifts 0 - 4 3.08 3.39 3.70
5 - 9 4.62 5.08 5.54
10 or more 6.15 6.77 7.39
Administrative leave shall be credited to the following positions in the amounts shown on an annual basis. 4 days Executive Assistant--Police Department
Accountant
Human Resources Coordinator
Deputy City Clerk
7 days City Manager
Departments Heads
Assistant to the City Manager/City Clerk
Assistant Community Development Director/Building Official Deputy Police Chief
Communications/Records Manager
Public Works Utilities Superintendent
10 days Police Chief
No employee shall accumulate more than thirty (30) (45 for management) days vacation leave regardless of length of service without approval from the City Manager.
Employees may sell up to 5 days of accumulated vacation a year as long as they maintain 20 days accumulation, as per the current Memorandum of Understanding. COA employees may sell up to an additional 160 hours at 60% of hourly rate per Memorandum of Understanding.
M. Effective July 1, 2015, the reimbursement rate for use of a personal vehicle for City Business will continue to be the current IRS reimbursement rate or per the Travel and Training Policy.
O. Eligible to receive one floating holiday a year.
P. Eligible to receive two floating holidays a year.
Q. Eligible for a City match of $1 for every $1 of contributions to a deferred compensation plan by the employee, up to a maximum of 5% of the employee's salary.
R. Retirement benefits for full-time employees are provided by contract with CaPERS. Employees as of July 1, 2012 are covered under 2%@55(single highest year) for miscellaneous employees and 3%@55(single highest year) for safety employees. Effective January 1, 2013 a two-tier plan was established with new employees covered under 2%@62 (final three years) for miscellaneous employees and 2.7%@57(final three years) for safety employees. Plan costs are split between the City and employee in accordance with the current MOU.
S. Effective July 1, 2023, Police Department Employees, excluding the Deputy Chief and Chief, are eligible for an annually applied educational incentive at the employee's highest advanced education attained that includes 2.5% for associates degree, 5% for bachelors degree, or 10% masters degree. Not to be combined.
T. native Days up to 2poo annualtment supervisor positions are eligible for defered compensation match assed and approved at the regular meeting of the City Council of the City of Corcoran held on the 27th day c une, by the following vote
AYES:
NOES:
ABSENT:
APPROVED:_
Jeanette Zamora-Bragg, Mayor
ATTEST:_
Marlene Lopez, City Clerk
CLERKS CERTIFICATE
City of Corcoran }
County of Kings } ss.
State of California }
_ hereby certify that the foregoing is a full, true and correct copy of a resolution passed and adopted by the City Council of the City of Corcoran at a regular meeting held on the __ th day of _ _, by the vote as set forth therein.
DATED:
ATTEST:
City Clerk
[ seal ]
AT-WILL EMPLOYMENT AGREEMENT
For the position of
POLICE CHIEF FOR THE CITY OF CORCORAN
This Employment Agreement ("Agreement") is made and entered into this _ day of January, 2024, by and between the City of Corcoran, a California municipal corporation ("CITY') and MARGARITA ("Maggie") OCHOA, and individual ("EMPLOYEE") upon the following terms and conditions:
RECITALS
WHEREAS, the City Manager is authorized to appoint CITY staff, pursuant to the Corcoran Municipal Code ("C.M.C.") Section 1-7A-S-C, and more specifically Section 5- 1-1-B for the appointment of the Police Chief; and
WHEREAS, the City Manager desires to appoint and employ the services of EMPLOYEE as the Police Chief ("Position") for the City, as established by C.M.C. Section 5-1-1; and WHEREAS, EMPLOYEE desires to accept such appointment as Police Chief on the terms and conditions contained herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. Appointment of Police Chief, Duties and Term:
1.1 Appointment of Police Chief and Duties. The City Manager hereby appoints EMPLOYEE to the position of Police Chief, in and for the City, to perform the functions and duties of the Police Chief as set forth in the operative job description (as amended from time-to-time), in accordance with all applicable CITY policies, and under the direction of the City Manager, as the City Manager is authorized to oversee CITY employees under Section 1-7A-5 of the C.M.C. EMPLOYEE accepts such appointment and employment pursuant to the terms of this Agreement. EMPLOYEE shall further perform the functions and duties specified under the laws of the State of California, the C.M.C, the ordinances and resolutions of the City, and such other duties and functions as the City Manager may from time-to-time assign.
1.2 Devotion to City Business. During the term of this Agreement, EMPLOYEE shall not accept any other employment and shall be exclusively employed by CITY, unless prior written authorization is received from the City Manager, which the City Manager may withhold in their sole and absolute discretion. EMPLOYEE must devote her/his best efforts, full energy, skill, ability, and productive time to the performance of her/his duties under this Agreement.
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EMPLOYEE shall not engage in any activity which is or may become a conflict of interest, or which may create an incompatibility of office as defined under California Law, or which interferes with EMPLOYEE's ability to effectively perform their duties under this Agreement. EMPLOYEE must annually complete financial disclosure forms as required by law.
1.3 Exempt Employee. The general business hours for CITY employees are Monday through Friday, 8:00 a.m. to 5:00 p.m. However, it is recognized and understood by the CITY and EMPLOYEE that this Position is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. 88 201 et seq.). EMPLOYEE shall not receive any overtime or extra compensation for hours worked outside of the CITY's general business hours, which are necessary to fulfill the duties of the Position, unless otherwise expressly provided in this Agreement.
1.4 Schedule. EMPLOYEE's daily and weekly work schedule shall vary in accordance with the work required to be performed. The Position may include frequent attendance at evening meetings and frequent irregular hours as necessary to meet deadlines and achieve objectives. The City Council and the City Manager recognize that EMPLOYEE must devote a substantial amount of time outside of normal office hours to conduct the business of the CITY and to that end, will be allowed to take administrative/management leave, as is appropriate, during said normal office hours.
1.5 Term. The term of this Agreement shall be for three (3) years from the date of execution. The City Manager in her/his sole discretion may in writing extend the Term of this Agreement from time-to-time in increments of at least two (2) years. No later than three (3) months prior to the expiration of the Term, the City Manager shall provide written notice to EMPLOYEE as to whether the City Manager intends to extend the term.
SECTION 2. At-Will Employment And Termination:
2.1 At-Will. EMPLOYEE is an at-will employee serving at the pleasure of the City Council and City Manager as provided respectively in Government Code § 36506 and C.M.C. Section 5-1-1-B.
2.2 Termination Not-For-Cause. If City Manager terminates this Agreement (thereby terminating EMPLOYEE's employment) without cause, and if EMPLOYEE signs and delivers to the CITY, and does not revoke, a complete and general release agreement ("Release Agreement") which is acceptable to CITY, then CITY shall pay EMPLOYEE a lump sum payment equal to six (6) months of EMPLOYEE's then Base Salary, less any applicable withholdings (the payment, collectively "Severance").
2.3 Termination for Cause. If City Manager terminates this Agreement (thereby terminating EMPLOYEE's employment) with cause, then EMPLOYEE shall not be 2 of 12
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entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefit allowances according to their terms ("Accrued Salary and Benefits").
Termination of EMPLOYEE under this Section shall be conducted in compliance with California Government Code § 3304(c), which currently reads as follows:
3304 (c) "No chief of police may be removed by a public agency, or appointing authority, without providing the chief of police with written notice and the reason or reasons therefor and an opportunity for administrative appeal.
For purposes of this subdivision, the removal of a chief of police by a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of the public agency or appointing authority, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute "reason or reasons."
Nothing in this subdivision shall be construed to create a property interest, where one does not exist by rule or law, in the job of Chief of Police."
The administrative appeal shall be before the City Council, and as used in this Agreement, Cause shall include any of the following:
1. Conviction of, or plea of guilty or nolo contender to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the CITY or on the reputation of any one or more of its departments;
2. Conviction of any crime involving an "abuse of office or position," as that term is defined in Government Code § 53243.4 (see Section 2.4, (below));
3. Willful insubordination or failure to carry out a lawful directive or directives of the City Manager; and
4. Any negligent or grossly negligent action or inaction by EMPLOYEE which in the opinion of the CITY: (a) materially and adversely impedes or disrupts the operations of CITY or its organizational units; (b) is detrimental to any employee(s) or public safety; or (c) violates CITY's established rules or procedures. Examples of reasons include, but are not limited to:
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a. Disclosing confidential information of CITY without authority to do so; b. Gross carelessness or misconduct;
c. Unjustifiable and/or willful neglect of the duties described in this Agreement; d. Mismanagement;
e. Non-performance of duties;
f. Any conduct which violates the CITY's personnel rules, regulations and policies, and for which a CITY employee may be terminated or demoted; g. Repeated and/or protracted unexcused absences from the Police Chief's office and duties;
h. Willful destruction or misuse of CITY property;
i. Conduct which in any way has any substantial and adverse effect on the reputation or credibility of the CITY or any of its departments and officers; j. Willful violation of federal, State, and/or CITY discrimination laws and related CITY's policies;
k. Any substance abuse which adversely affects performance of either EMPLOYEE's duties as Police Chief or the ability of any other CITY employee(s) to carry out their public duties;
Refusal to take or subscribe to any oath or affirmation which is required by law;
m. Dishonesty;
n. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, CITY's legitimate business interests; or
o. Breach of any of provision(s) of this Agreement.
2.4 Abuse of Office. Notwithstanding any of the provisions in Sections 2.1 and 2.2 (above), in any circumstance in which EMPLOYEE is convicted of a crime involving abuse of their office or position with the CITY, as defined in California Government Code § 53243.4, any paid administrative leave provided by the CITY pending an outcome of the investigation into such crime, any CITY funds expended for the any form of legal defense of EMPLOYEE, including any CITY funds expended in defense of EMPLOYEE in any related civil lawsuit, and any cash settlement or Severance provided to the EMPLOYEE upon termination shall be fully reimbursed by the EMPLOYEE to the City.
2.5 Termination of Agreement in the Event of EMPLOYEE's Death. This Agreement shall terminate upon the death of EMPLOYEE. In the event of such termination, the EMPLOYEE's estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance.
2.6 Automatic Termination In Event EMPLOYEE Fails To Meet Certification Requirements. A failure to meet all certification requirements of a Police Chief as 4 of 12
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established by the Commission on Peace Officer Standards and Training (POST) and any other California laws and/or regulations shall result in an automatic termination of this Agreement. In the event of such termination, EMPLOYEE shall not be entitled to additional compensation or payment, including Severance.
2.7 Disability Termination. If EMPLOYEE shall, for whatever reason, become incapable of performing any of the essential functions of Position, even with reasonable accommodation by CITY, either (1) permanently, or (2) for a period exceeding the period of leave available to the EMPLOYEE under the Family Medical Leave Act or the California Family Rights Act, accrued sick leave or one hundred eighty (180) days, whichever is longer, then EMPLOYEE shall be deemed to have suffered a disability. As the Position is critical to the safety of the public and also requires EMPLOYEE to devote a substantial amount of time both during and outside of normal office hours to execute the business of CITY, EMPLOYEE recognizes that granting any amount of leave beyond the time period stated in this section shall constitute an undue hardship on CITY and its residents. In accordance with applicable law, any request for leave which does constitute an undue hardship shall be grounds for a not-for-cause termination of this Agreement under, and in accordance with, Section 2.2 of this Agreement.
Nothing in this Section 2.7 shall impact the right of the EMPLOYEE in connection with receipt of Labor Code § 4850 pay in the event of a qualifying occupational injury.
2.8 Resignation/Retirement of EMPLOYEE.| Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from their position with the CITY, subject only to the provisions set forth in this Agreement. EMPLOYEE may terminate this Agreement by submitting written notice of their resignation to the City Manager and shall provide not less than thirty (30) business days of prior written notice of their intention to resign or retire. If EMPLOYEE resigns or retires from employment with the CITY, they shall not be entitled to any severance pay.
EMPLOYEE shall be paid for all accrued vacation to the effective date of the resignation or retirement.
SECTION 3. Compensation and Annual Evaluation:
3.1 Base Salary. Upon commencement of employment, EMPLOYEE's initial salary shall be established at Step 4 (currently $141,228.00 annual salary) of the Police Chief classification of the CITY's current adopted salary schedule (Council Resolution No. 4016), and is entitled to any cost-of-living adjustments as may be approved and reflected in any subsequent adopted salary schedules of the CITY. EMPLOYEE shall be eligible for consideration of advancement on the adopted salary schedule on the basis of an annual performance evaluation as conducted by the City Manager. Nothing herein shall be deemed 5 of 12
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to impair the CITY's authority to revise the salary for the Police Chief position on the CITY's salary schedule.
3.2 Vacation and Sick Leave Sellback. EMPLOYEE is annually allowed a sellback of up to forty (40) hours of accrued vacation leave first. Also annually, upon such sell-back of 40 vacation hours, or when no further vacation hours are available or qualify for sell- back, then up to forty-eight (48) hours of accrued sick leave is allowed for sellback.
Sellback is made available beginning with the first full pay period in July, and paid out as part of the employee's regularly scheduled paycheck. Payment may also be accommodated during either of the two separate check issuances occurring in September and March.
Sellback for each leave is subject to maintaining the required leave balance in the respective leave category as established by City Council adopted Salary Resolution.
3.3 Uniform Allowance. The CITY shall purchase EMPLOYEE's initial uniform at time of EMPLOYEE's hire to provide the necessary attire to represent the CITY and be visibly recognized and serving as the Police Chief. Future uniform allowances in the amount of twelve hundred ($1,200) or such other amount as is approved by the City Council will be provided on an annual basis, as established and amended according to the most recent CITY adopted Salary Resolution.
3.4 Pro-Rata Decrease. EMPLOYEE acknowledges that the Base Salary may be subject to pro rata decrease based on the City Council's adoption of any wage reduction as a budgetary measure, though that is not anticipated as of the signing of this Agreement.
Should the CITY implement a wage reduction for Unrepresented Executive Management employees during the life of this Agreement while EMPLOYEE is in the Position, EMPLOYEE's base pay will be reduced in an amount no greater in percentage than the average reduction of other employees in the Unrepresented Executive Management group.
3.5 Review and Evaluation. The City Manager agrees to review and evaluate EMPLOYEE's performance of their duties as Police Chief pursuant to the terms of this Agreement on not less than an annual basis and to provide EMPLOYEE with a written performance review. The annual review and evaluation shall be conducted in January of each year, or at such later time scheduled at the City Manager's discretion.
3.6 Education Incentive. Upon receipt of the Peace Officer Standards and Training Commission ("POST") Executive Certificate, EMPLOYEE will receive a two-and one- half percent (2.5%) education incentive pay increase.
SECTION 4. Non-Cash Compensation and Benefits:
4.1 CalPERS Retirement. The CITY does not participate in Social Security. CITY agrees to continue to enroll EMPLOYEE as a member of the California Public Employees 6 of 12
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Retirement System (CalPERS) in the CalPERS "Public Safety" plan of 3% at 55 program for qualifying "Classic" members, consistent with the provisions of the California Public Employees Pension Reform Act of 2013 (PEPRA). Pursuant to California Government Code § 53244, a local public officer who is convicted by a State or federal trial court of any felony under State or federal law for conduct arising out of, or in the performance of, their official duties shall forfeit any contract right or other common law, constitutional or statutory claim against a public agency employer to retirement or pension rights or benefits.
4.2 Deferred Compensation Retirement Plan (IRS 457(b) or 401a). CITY shall provide a 1:1 matching contribution equivalent to EMPLOYEE's directed payroll contribution towards any CITY approved Deferred Compensation Plan, and limited to a maximum of six percent (6%) of EMPLOYEE's annual Base Salary.
4.3 Medical/Dental/Vision Coverage. CITY agrees to provide the EMPLOYEE and eligible family members with medical, dental, and vision insurance. CITY shall pay (80%) of the premiums for the EMPLOYEE and eligible family members.
4.4 Vacation Accrual. EMPLOYEE shall accrue vacation leave at the rate of one hundred sixty hours (160) per year. Upon the signing of this Agreement, eighty (160) hours of borrowed vacation leave shall be immediately available to EMPLOYEE. Proceeding years shall resume at regularly scheduled accrual rates as established by the most recently adopted Salary Resolution. Upon separation, EMPLOYEE is entitled to receive payment at their current Base Rate for all unused vacation time accrued as of the effective date of separation.
4.5 Sick Leave Accrual. EMPLOYEE shall accrue sick leave at the rate of ninety- six hours (96) per year. Upon the signing of this Agreement, ninety-six hours (96) hours of borrowed sick leave shall be immediately available to EMPLOYEE. Proceeding years shall resume at regularly scheduled accrual rates as established by the most recently adopted Salary Resolution.
4.6 Life Insurance. CITY shall provide EMPLOYEE with the same life insurance provided to other Unrepresented Executive Management employees of the CITY, which is currently set for $100,000 coverage. EMPLOYEE shall have the sole discretion in designating any beneficiary(ies) under such life insurance policy.
4.7 Other Non-Cash Benefits. Unless otherwise specifically provided for in this Agreement, CITY will provide the EMPLOYEE with the same type and level of benefits as provided to other Unrepresented Executive Management level employees within the CITY's employ, including, but not limited to holidays, sick leave, vacation, and term life insurance.
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All actions taken by the City Council relating to those benefits for other executive management employees of CITY shall be considered actions relating to those benefits of EMPLOYEE and shall be deemed to be agreeable amendments to this Agreement without any need for a written amendment or modification signed by all parties.
EMPLOYEE shall be responsible for an income tax liability arising out of receipt of benefits provided under this Agreement which exceed the allowable tax exempt amounts including, but not limited to, excess life insurance, and EMPLOYEE agrees to hold CITY harmless and indemnify it for any liabilities, costs and expenses caused by any tax authority relating to these benefits.
4.8 Hours of Work and Management Leave. In recognition of the fact that EMPLOYEE is an exempt employee pursuant to the provisions of the Fair Labor Standards Act (FLSA), and is expected to work any and all hours/days necessary to competently and fully perform the functions as Police Chief, the EMPLOYEE is provided with ten (10) days (i.e. 56 hours) of paid management leave annually. EMPLOYEE shall not be entitled to nor receive any overtime pay. Management leave shall be subject to the CITY policies and practices governing management leave provided to other Unrepresented Executive Management employees of the CITY. Management leave is to be used at the discretion of the EMPLOYEE, with the consent of the City Manager which will not be unreasonably denied.
4.9 Use of CITY-Owned Vehicle and Equipment. The CITY agrees to provide a CITY vehicle for job-related and incidental use, including travel to and from home and work. CITY shall also provide a CITY issued cellular telephone and Surface Pro (or comparable computer device) for remote access work and connection to CITY servers).
4.10 Professional Development. CITY agrees to budget and pay the professional dues, subscriptions, travel and other business expenses of the EMPLOYEE reasonably necessary for his/her continuation and participation in national, regional, State and local associations and organizations selected by the City Manager, including the California Police Chiefs Association, Kings County Police Chiefs, League of California Cities and similar organizations, necessary and desirable for his/her continued professional participation, growth and advancement, for the benefit of the CITY. Notwithstanding the foregoing, CITY shall have the sole and exclusive discretion as to which items noted in this paragraph shall be paid by CITY.
SECTION 5. General Provisions.
5.1 Notices. Notices pursuant to this Agreement shall be given by United States Postal Service delivery, first class mail postage pre-paid, addressed as follows:
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If to the CITY: City of Corcoran
Attn: City Manager
832 Whitley Avenue
Corcoran, CA 93212.
If to EMPLOYEE: Margarita (Maggie) Ochoa
911 Hanna Avenue
Corcoran, CA 93212
(or otherwise to Employee's residence as identified in
Employee's personnel records)
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to in civil law proceedings. Notice shall be deemed given as of the date of personal service or as of the fifth calendar day after deposit of such written notice into the United States Postal Service.
5.2 Indemnification. CITY shall defend, hold harmless and indemnify EMPLOYEE against any tort, personnel, civil rights or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of performance of EMPLOYEE's duties as Police Chief, in accordance with California's Tort Claims Act (Government Code §§ 825 et seq.), and shall provide a defense to EMPLOYEE in accordance with Government Code §§ 995-996.5.
The CITY may decline to defend or indemnify EMPLOYEE only to the extent permitted by applicable laws. EMPLOYEE agrees that CITY or its insurance carrier may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgement. Provided, however, that the CITY's duty to defend and indemnify shall be contingent upon EMPLOYEE's good faith cooperation with such defense.
5.3 Conflict with City Municipal Code. The CITY's personnel ordinances, resolutions, rules and policies shall apply to the EMPLOYEE in the same manner as applied to other management employees, provided, however, in the event of a conflict between the provisions of this Agreement and the CITY's Municipal Code or any ordinance, the Municipal Code and any ordinance shall prevail over this Agreement.
5.4 Entire Agreement. This Agreement represents the entire agreement between the CITY and EMPLOYEE as to each and all of the subjects discussed herein and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the employment of EMPLOYEE by CITY, and contains the entirety of all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreement, oral or otherwise, have been made by either party, or by anyone acting on behalf of either 9 of 12
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party, which are not embodied herein, and that no other employment agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party.
5.5 Modifications. Any modifications to his Agreement shall be effective only if in writing and signed by both parties hereto.
5.6 Effect of Waiver. The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right of power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
5.7 Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, unenforceable or in conflict with any code or regulation governing its subject matter, only the offending provision shall be considered null and void and the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated for cause, at the option of the affected party.
5.8 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
5.9 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. EMPLOYEE agrees to perform this Agreement in accordance with all applicable federal, State and local laws. EMPLOYEE and CITY agree that this Agreement is deemed to be entered into in Corcoran, California, and that venue for any dispute between the parties shall be in Kings County, California.
5.10. Assignment. Unless otherwise provided in this Agreement, CITY is relying upon the personal skill, expertise, training and experience of EMPLOYEE and no part of this Agreement may be assigned or subcontracted by EMPLOYEE without the prior written consent of CITY. Any attempted assignment shall be null and void.
5.11. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
5.12. No Third-Party Beneficiaries Intended. Unless specifically set forth, the parties to this Agreement do not intend to provide any other person or entity other than a signatory hereto with any benefit or enforceable legal or equitable right or remedy. 10 of 12
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5.13. Construction. This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
5.14. Representation by Legal Counsel. The parties acknowledge and agree that they were, or had a reasonable opportunity to be, represented individually by legal counsel with respect to the matters which are the subject of this Agreement and that, either way, they are now fully advised with respect to their respective rights and obligations resulting from signing this Agreement.
IN WITNESS WHEREOF, the City Council of the City of Corcoran has authorized its City Manager to sign and execute this Agreement on behalf of the CITY, as set forth below, and EMPLOYEE has fully reviewed, signed and executed this Agreement. By affixing their signatures below each of the parties indicate that each agrees to be deemed to have read and understood the Agreement, and shall abide by the terms stated herein. [SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of January, 2024.
CITY OF CORCORAN EMPLOYEE
By. By -
Greg Gatzka, City Manager Margarita Ochoa
Attest: Approved as to Form:
By By.
Marlene Spain, City Clerk Moses Diaz, City Attorney
Joseph Beery, Deputy City Attorney
PUBLIC INTEREST LAW FIRM
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Update 01/23/24
CORE GRAY 1914
COUNCIL REQUESTS OR REFERRRAL ITEMS
PENDING FURTHER ACTION or RESOLUTION BY STAFF
DATE REQUEST STATUS DEPARTMENT
Sent to Council/ RESPONSIBLE
Request made Dept/Division
Vacant and blighted commercial properties. Council In progress City Manager 09/26/23 directed staff to begin preparing an abatement ordinance. 09/26/23 Expansion of diagonal parking along Whitley Ave. In progress Public Works/Community
Development
09/26/23 Council directed Staff to begin preparing a public In progress Community nuisance ordinance. Development/Police
Department
11/14/23 Traffic safety and emergency access. City Manager City of
CORCORAN
FOUNDED 1914
A MUNICIPAL CORPORATION-
MATTERS FOR MAYOR AND COUNCIL
ITEM #:6
MEMORANDUM
MEETING DATE: January 23, 2024
TO: Corcoran City Council
FROM: Greg Gatzka, City Manager
SUBJECT: Matters for Mayor and Council
6-A. Upcoming Events/Meetings
• February 2, 2024 (Friday) Luncheon for Chief Putnam-11:30-1:30 pm, Police Department/EOC Building.
• February 7, 2024 (Wednesday) Corcoran Chamber Annual Banquet. • February 13, 2024 (Tuesday) Council Meeting-5:30 pm, TLC. • February 19, 2024 (Monday) City Offices Closed in Observance of President's Day. • Eeriny 27, 2024 (Tuesday) Council Mecting 530 pm, Veteran's Memorial 6-B. City Manager's Report
G-C. Council Comments/Staff Referral Items - This is the time for council members to comment on matters of interest.
6-D. Committee Reports
1. Kings Waste and Recycling Agency (KWRA)
2. Kings County Association of Governments (KCAG)
3. Kings Community Action Organization
City Offices
832 Whitley Avenue Corcoran, CA 93212 * Phone 559.992.2151 * www.cityofcorcoran.com