Also, under the MMBA, professional employees have the right to be represented separately from non-professional employees.
The employee relations officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate, or delete modified classifications or positions from units in accordance with the provisions of these Rules.
8. Procedures for Modification of Established Annrooriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the employee relations officer only during the period specified in Section XII B (6) of these Rules. Such requests shall be submitted in the form of a recognition petition and, in addition to the requirements set forth in Section XII B (1), shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section XII B (7) hereof. The employee relations officer shall process such petitions as other recognition petitions under these Rules (Representation Proceedings).
The employee relations officer may, on their own motion, propose that an established unit be modified. The employee relations officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter, the employee relations officer shall determine the composition of the appropriate unit or units in accordance with Section XII B (7) and shall give written notice of such determination to the affected employee organizations.
The employee relations officer's determination may be appealed in accordance with Section XII B (10) of these Rules. If a unit is modified pursuant to the motion of the employee relations officer hereunder, employee organizations may thereafter file recognition petitions seeking to become the exclusively recognized employee organization for such new appropriate unit or units pursuant to Section XII B (l) of these Rules.
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9. Procedure for Processing Severance Requests
An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are akeady a part of a larger established unit represented by another recognized employee organization. The timing and processing of such request shall be as specified in Section XII B (8) for modification requests.
10. Appeals
An employee organization, aggrieved by an appropriate unit determination of the employee relations officer, or an employee organization aggrieved by a determination of the employee relations officer that a Recognition Petition (Sec. XII B (1)), Challenging Petition (Sec. XII B (3)), Decertification Petition (Sec. XII B (6)), Unit Modification Petition (Sec. XII B (8)) --- or employees aggrieved by a determination of the employee relations officer that a Decertification Petition (Sec. XII B (6)) or Severance Request (Sec. XII B (9)) ---has not been filed in compliance with the applicable provisions of these Rules (Representation Proceedings) may, within ten (10) days of notice thereof, request the intervention of the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the employee relations officer's determination or the termination of proceedings, whichever is later.
Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the employee relations officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third-party hearing process. Any decision of the City Council on the use of such a procedure, andlor any decision of the City Council determining the substance of the dispute shall be final and binding.
C. Administration
1. Submission of Current Information by Recognized Employee Orqanizations All changes in the information field with the City by an exclusively recognized employee organization under items (a) through (h) of its recognition petition under Section XII B (1) of these Rules, shall be submitted in writing to the employee relations officer within fourteen (14) days ofsuch change.
Exclusively recognized employee organizations that are party to an agency shop provision shall provide annually to the employee relations officer and to unit members within sixty (60) days after the end of its fiscal year the financial report required under Government Code Section 3502.5(D of the MMBA.
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i4
2. Emplovee Organization Activities. Use of City Resources Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in memoranda of understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of these Rules that pertain directly to the employer-employee relationship and not to such internal employee organization business as soliciting membership, campaigning for office, and organizing meetings and elections, and shall not interfere with the efficiency, safety and security of City operations.
3. Administrative Rules and Procedures
The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of these Rules after consultation with affected employee organizations.
D. Impasse Procedures
1. Initiation. Meeting. Purpose
If the meet and confer process has reached an impasse as defined in these Rules, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the employee relations officer. The purpose of such meeting shall be:
a. To review the position of the parties in a final effort to reach agreement on a memorandum of understanding; and
b. If the impasse is not resolved, to discuss affangements for the utilization of the impasse procedures provided herein.
2. Procedures Enumerated
Impasse procedures are as follows:
a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
b. If the parties agree to, and do participate in mediation, and if mediator is unable to effect settlement of the controversy, the employee organization may present a request to the City and the Public Employment Relations Board (PERB) to submit the impasse to fact-finding. This request by the employee organization to submit the impasse to fact-finding must be made no sooqglthq4!! i4ys,!ut no later than 45 l)Llti(.J\.,)!l:1. lt{.1 L5 Ol' iHl. alIY {ll'i lttLli,\i,{if t ;\';11.',i)l .l) r\r,1;,.';)Ol'.1 l:l).ll-lrL i ?0'.lrl i.)
days, following the selection of a mediator by the parties. c. If the parties do not agree to participate in mediation, the employee organization may present a request to the City and PERB to submit the impasse to fact-finding no later than 30 days following the date that either party has provided the other a written notice of declaration of impasse.
d. Within five (5) working days after PERB's determination that the request for factfinding is sufficient, a fact-frnding panel of three (3) shall be appointed in the following manner: one (1) member of the panel shall be appointed by the employee relations officer, one (1) member shall be appointed by the exclusively recognized employee organization. PERB shall, within five (5) working days after making its determination that the request for fact-finding is sufficient, submit the names of seven persons, drawn from the list of neutral fact-finders established pursuant to Government Code section 3541.3(d). PERB shall thereafter designate one of the seven persons to serve as the chairperson unless notified by the parties within five (5) working days that they have mutually agreed upon a person to chair the panel in lieu of a chairperson selected by PERB.
3. Jurisdictional and Procedural Requuelqeatg
The following constitute the jurisdictional and procedural requirements for fact-finding:
a. The panel shall, within ten (10) days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. The panel shall have subpoena power with regard to hearings, investigations, and inquiries.
b. Subject to the stipulations of the parties, the fact-finders shall determine and apply the following measures and criteria in arriving at their findings and recommendations:
1) State and federal laws that are applicable to the employer 2) Local rules, regulations, or ordinances.
3) Stipulations of the parties.
4) The interests and welfare of the public, and the financial ability of the public agency.
5) Comparison of the wages, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies.
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6) The consumer price index for goods and services, commonly known as the cost of living.
7) The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.
8) Any other facts not confined to those specified in paragraphs (1)-(7), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations, including, but not limited to:
(i) Maintaining appropriate compensation relationships between classifications and positions within the City;
(ii) Other legislatively determined and projected demands on agency resources (i.e., budgetary priorities as established by the governing body); (iii)Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); (iv)Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s);
(v) Assurance of sufficient and sound budgetary reserves; and (vi)Constitutional, statutory, and Municipal Code/ Charter limitations on the level and use ofrevenues and expenditures.
c. Within thirty (30) days after the appointment of the fact-finding panel, or, upon agreement by both parties within a longer period, the panel shall make written findings of the facts and reconlmendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairman of the fact-finding panel shall serve such findings and recommendations on the employee relations offrcer and the designated representative of the exclusively recognized employee organization before they are made available to the public. d. If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the fact-finder or the chairman of the fact-finding panel shall make them public by submitting them to the City Clerk for consideration by the City Council in connection with the Council's legislative consideration of the impasse.
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e. After any applicable mediation and fact-finding procedures have been exhausted, but no earlier than ten (10) days after the fact finders' written findings of fact and recommended terms of settlement have been submitted to the parties, the City Council may hold a public hearing, the City Council may hold a public hearing regarding the impasse, and take such action regarding the impasse as it, in its discretion, deems appropriate as in the public interest, including implementation of the City's last, best and final offer. Any legislative action by the City Council on the impasse shall be final and binding.
4. Costs
The costs for the services of a mediator and fact-finding panel chairperson agreed upon by the parties shall be borne equally by the City and the exclusively recognized employee organization, and shall include per diem fees, ifany, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson's r6sum6 on file with PERB. The chairpersonrs bill showing the amount payable by the parties shall accompany their or her final report to the parties and PERB.
The parties shall make payment directly to the chairperson.
Any other mutually incurred costs shall be borne equally by the parties. Any separately incurred costs for the panel member selected by each party shall be borne by such party.
XIII. ACKNOWLEDGMENT
This is to acknowledge that I have received a copy of the City of Firebaugh's Personnel Rules and have read and understand their contents. I understand that the Rules contain important information about the City's general personnel policies and my obligations as an employee of the City. Further, I understand that I must keep the Personnel Rules in a safe place for reference and any changes or updates which may be made from time to time.
I further understand that the City may change, rescind, or add to any rules, policies, or practices described in the Personnel Rules from time to time in its sole discretion without prior notice, and that the language used in the Personnel Rules is not intended to create, and does not create, a contract between the City of Firebaugh and any employee.
DATED:
Employee's Signature
Employee's Name (Print)
Pl:ltS{)\\l,L. Rl-L.l:-!l Ol' I tlL. al I Y Oi' l'IRl:,1J:\tiCH ,\!,!l::,ilLi) A.'.ll),'\l){)t' l L.l).11-\L i,')0)-4 73 RESOLUTION NO. 24-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
APPROVING WASTEWATER TREATMENT PLANT AND DISPOSAL AGREEMENT, FOR APN' S 007- 1 00 -22, 007 -100-26 Al[D 07 7 -100-25
WITH THE NEIL JONES FOOD COMPANY, DBA TOMA-TEK
WHEREAS, the City has negotiated a wastewater treatment and disposal agreement at the City's Wastewater Treatment Plant, APN's 007-100-22,007-100-26 and 007-100-25 with The Neil Jones Food Company, dba Toma-Tek (the "Operator"); and WHEREAS, an agreement has been prepared outlining the terms and conditions of the agreement ISEE EXHIBIT "A" ATTACHED AND INCORPORATED HEREIN].
NOW' THEREFORE, BE IT RESOLVED that the City Council of the City of Firebaugh that said agreement is hereby approved and the City Manager is authorizedto execute the agreement on behalf of the city.
The foregoing resolution of the City Council of the City of Firebaugh was approved and adopted at aregalar meeting held on the 1't day of July 2024, by the following vote:
AYES: Council Member(s)
NOES: Council Member(s)
ABSTAIN: CouncilMember(s)
ABSENT: Council Member(s)
APPROVED: ATTEST:
Elsa Lopez, Mayor Rita Lozano, Deputy City Clerk
WASTEWATER TREATMENT AND DISPOSAL AGREEMENT
This agreement is entered into this
-th
day of 2024, by and between
the CITY OF FIREBAUGH (hereinafter "City") and TOMA-TEK, lNC., an Washington corporation, (hereinafter the "Operator").
RECITALS
A. The City of Firebaugh has authority pursuant to state law to operate a wastewater treatment plant and pursuant thereto operates and provides public utilities services to persons within the City including wastewater collection and treatment services. The City is willing to provide said wastewater collection and treatment services to the Operator in the manner provided hereinafter.
B. Operator owns and operates a tomato processing facility, (hereinafter the "Facility") on a site located within the City as shown on Exhibit "/t'' attached hereto. (hereinafter the "Site"), to process tomatoes.
C. The operation of the Facility by the Operator will generate wastewatel washwater and other effluent (hereinafter the "wastewater"). Operator has requested that the City provide wastewater collection and disposal services to the Facility, subject to the terms and conditions described hereinafter.
NOW THEREFORE, in consideration of the foregoing and the covenants and conditions provided hereinafter, the parties agree as follows:
ARTICLE I
THE EFFLUENT DISP
1.01 Operation of the EDS
For the term of this Agreement, Operator shall have the right to discharge, and the City agrees to accept the discharge into the EDS consisting of daily flows of wastewater from the Facility in quantities as prescribed in the current lndustrialWastewater Discharge Permit. The City hereby represents that capacity exists or will exist, on or before June 31, 2024, and during the term of this agreement to accommodate the wastewater quantities herein described. t.O2 Ownership and Control of thelnduslnalland.
The Operator agrees that is has no interest or property right whatsoever in the EDS and that the EDS shall be operated and managed by the City as part of the City's wastewater collection and treatment system.
L
1.03 EnvironmentalClearances and Permits.
(a) The City has obtained approval from the Regional Water Quality Control Board (hereinafter the "Board") for the operation of the EDS in the manner described herein..
(b) As part of the Board approval process, the City shall undertake and complete such environmental reviews and or mitigation measures as required by the Board, other governmental agencies or the California Envi ronmental Quality Act.
(c) The lndustrial Wastewater Discharge Permit is a Joint Permit between the City of Firebaugh and Toma-Tek. City of Firebaugh is responsible for fees for their permit requirements and Toma-Tek is responsible for their own fee requirements as indicated by the permit.
ARTICLE II
ATIONS OF THE OP
2.OI Pretreatment.
Operator shall install, on the Site, such pretreatment equipment and facilities as shall be required by the Board and the City Engineer to insure that wastewater delivered to the City at the point of delivery is at a strength (measured in ph, B.O.D. and S.S.) acceptable per the requirements of the lndustrial Wastewater Discharge Permit.
The parties acknowledge that federal or state agencies may, from time to time, impose limitations different or more stringent than those initially imposed or required by the Board and that, if imposed, said limitations shall govern this agreement.
2.02 Construction of Onsite Facilities.
Operator shall operate and maintain on the site, such devices as may be necessary to deliver, to the point of delivery, wastewater to be disposed of by the EDS. For purposes of this agreement the "point of delivery" shall mean that particular location, to be precisely agreed upon by and between the City and the Operator, located at the edge of the site and shall be that point at which wastewater from the Facility at the site is transferred into City-Owned facilities located in the public right of way. In addition to the foregoing, the Operator shall handle, treat, deliver or transport wastewater from the Facility to the edge of the property line and the point of delivery.
2.03 Operator's obligations described in this Article ll shall be undertaken and completed at Operator's sole cost and expense.
2.04 Pavment of CiLv'slxpenSeS.
Within 30 days after receiving invoicesfrom the City pursuantto Sections 3.02 of Article lll hereof the Operator shall pay, in full and without claim of damage or offset, invoices received by the City.
2 2.05 ReclamationFields.
Per City Ordinance 24-02, Operator and the City will abide by the terms of the Long-Term Lease Agreement of the Reclamation Fields that is in place at the time of execution of this agreement.
ARTICLE III
OBLIGATIONS OF THE CITY
3.01 Acceotance and Transport of Wastewater.
Subject to the terms and conditions of this Agreement, the City will accept at point of delivery and transport to the EDS, wastewater originating on the site, and dispose of such wastewater in a manner consistent with all applicable laws and permit issued by the Board.
3.02 Operation and Maintenance Costs.
The City shall record and account for all costs and expenses associated with the ongoing operation and maintenance of the transmission main and the EDS, excluding work covered by warranty. Said costs and expenses shall include a 20% surcharge for overhead expenses associated with the City's management and operation of the EDS and transmission main.
Periodically, but no later than quarterly, the City shall compile all costs, expenses (including the 2Oo/o surcharge) as described herein, arising from the operation, maintenance and management of the lift station, transmission main and the EDS, and shall deliver the said costs to the Operator in the form of an invoice for payment. The invoice shall show all direct costs and expenses (including a ratable share or employee time actually expended) plus the20% surcharge.
3.03 Repairs
ln addition to regular maintenance as proscribed in Section 3.02, The Operator will be solely responsible for all repairs that become necessary for the transmission main and EDS. lf a repair becomes necessary, the Operator must complete repair within seventy-two (721hours of discovery. lf repair is not completed within seventy-two hours of discovery of issue, City may impose a five-hundred dollar (5500.00) penalty for each day the repair remains, unless the Operator and City agree otherwise.
lf the City feels that the repair is serious enough to warrant City involvement, and the Operator has not repaired it within the seventy-two (72) hour period, the City may take it upon themselves to undergo repairs or hire a qualified third-party to repair the issue. Operator will be responsible for reimbursement to the City for full cost of repair, plus a twenty percent (20%l surcharge.
3 ARTICLE IV
TERM OF THE AGREEMENT
4.01 This agreement shall have a term of thirty (30) years commencing on the execution hereof,
ARTICLE V
GENERAL PROVISIONS
5.01 This agreement and the exhibits hereto contain the entire agreement between the City and the Operator with regard to its subject matter. This agreement supersedes any prior written or oral representations, warranties, promises understandings or agreements.
5.02 No amendment, alteration, modification or addition to this agreement will be valid or binding unless expressed in writing and signed by and between the City and the Operator.
5.03 The contract obligations, rights and benefits created herein may not be assigned by either party, without the prior written consent of the other. .
5.04 ln the event of a material breach by either party of its obligations or duties under this agreement, and the breaching party's refusal or failure to cure or correct its default 30 days after written notice by the nonbreaching party, the nonbreaching party may pursue such legal and equitable remedies as may be available underthe laws of the State of California. ln any action to remedy the breach of this agreement, the prevailing party in said action and any appeal therefrom shall be entitled to an award of its reasonable attorney's fees and costs.
5.05 This agreement will be governed and interpreted in accordance with the laws of the State of California.
5.06 Any notice, request, demand or approval or other communication required or permitted under this agreement must be in writing and will be deemed to be given when personally delivered or deposited in any depository regularly maintained by the United States Postal Service, postage prepaid, certified mail, return receipt requested, addressed to the party for whom it is intended at its address set forth below:
CITY OF FIREBAUGH
1133 P. STREET
FIREBAUGH, C493622
TOMA-TEK, INC.
P.O. BOX 876
VANCOUVER, WA 98666
5.O7 During the term of this Agreement, Operator shall have the right to examine and inspect, after reasonable notice, all books and records of the City pertaining to the construction, operation and maintenance of the EDC. 4 5.09 Operator warrants and represents to the City as follows, effective as of the date hereol and which shall continue during the term hereof:
(a) The Operator is a corporation duly organized, validly existing in good standing under the laws of the State of California.
The Operator has all requisite power and authority to enter into and perform all of its obligations under this Agreement, subject to it obtaining any licenses, authorizations or governmental permits required under applicable law.
5.10 The City herby warrants and represents to Operatol effective as of the date hereof, and which shall continue during the term hereof:
(a) The City has all requisite power and authority to enter into and perform all of its obligations under this Agreement and other documents relating hereto.
The City has taken all actions necessary to authorize it to enter into and perform its obligations under this Agreement and to consu m mate the tra nsactions contem plated hereby.
(b)
tb)
(c)
(d)
This Agreement constitutes the legal, valid and binding obligation of the City, enforceable in accordance with its terms.
Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will violate any statute or law or any judgement, decree, order, regulation or rule of any governmental agency or court to which the City, the Facility, or the Site may be subject.
CITY OF FIREBAUGH
TOMA.TEK, INC.
DATED
By
5 DATED
By
EXHIBIT,A"
DESCRIPTION
PARCEL 1.:
A portion of Parcel 1 according to the "Parcel Map No. 2205" recorded in Book L5 Page 29, Parcel Maps. Fresno County Records, described as follows:
Beginning at the North quarter corner of Section 4, Township l-3 South, Range 14 East, Mount Diablo Base and Meridian, said quarter corner also being on the South line of Section 33, Township L2 South, Range 14 East. Mount Diablo Base and Meridian; thence along the North line of Section 4 and the South line of Section 33 North 89" !2' 50" West 4L5.00 feet to the true point of beginning said point being on the East line of said Parcel 1; thence North 58" 29'58" West 269.11feeU thence North 87" 50' 52" West 663.79 feeU thence South 16" 07' 07" East 571.37 feet; thence along a 72,909.20 foot radius curve concaved to the Northeast through a centralangle of 03" 36' t9" an arc length of 8L2.32 feet; thence South 87" 50' 52" East 1,388.70 feet to a point on the East line of said Parcel; thence along the East line of said Parcel the following courses and distances: North 20" 49'04" West 848.27 feet; thence along 190.00 foot radius curve concaved to the Southwest through a central angle of 37" 40' 57" an arc length of 12436 feeU thence North 58" 29' 58" West 614.22 feet to the true point of beginning.
PARCEL 2
Portions of Section 33, Township 1-2 South, Range 14 East, Mount Diablo Base and Meridian and Section 4, Township 13 South, Range 14 East, Mount Diablo Base and Meridian, described as follows:
Beginning at the North quarter corner of said Section 4 also being on the South line of said Section 33; thence North 01" 24'OO" East 153.L3 fee! thence South 70" 37'09" East 178.25 feet to a point on the Westerly line of the right- of-way for Southern Pacific Railroad: thence along the Westerly line of said right-of-way North 16" 07' 17" West 99.84 feet to a point on the South line of the Outside Canal; thence along the South line of the Outside Canal the following courses and distances; North 70" 10' 05" West 130.33 fee! thence North 86" 37' 23" West 663.670 feet to a point on the East line of the San Luis Drain; thence leaving the South line of the Outside Canal and running along the East line of the San Luis Drain the following courses and distances; South 58" 30' 00" East 517.53 feet to a point on the South line of Section 33 and the North line of Section 4; thence continuing South 58" 30'00" East 230.73 feet; thence leaving the East line of the San Luis Drain North OL" 24' 00" East tL7.85 feet to the point of beginning.
Reserving, howeve4 to the Grantor all mineral rights on, or under said property, and entitlements in and to water stock and shares in and to Firebaugh Canal Company which pertain to the property.
The rights hereby reserved shall not include and shall specifically exclude all rights of surface or subsurface access, on or over the property, all rights on entry upon the property for any purpose whatever including, but not limited to the right to drill, prospect, tunnel, or conduct any mining, exploration or extraction activity for any minerals, water; or other resource, whether 4rising under the mineral reservation herein described or,otherwise.
6 FIREBAUGH POLICE DEPARTMENT
Memo
To:
From:
cc:
Date:
Re:
Honorable Mayor Elsa Lopez and Council Members
Salvador Raygoza, Police Chief
Benjamin Gallegos, City Manager
06t24t2024
Staff Report
RECOMNDATION
Approve Resolution No. 24-34
a Exhibit 1: Workplace Violence Prevention Plan
SUMMARY
On September 30, 2023, Governor Newsom signed into law SB 553 which requires most California employers to implement a Workplace Violence Prevention Plan (WVPP) no later than July 1, 2024. Employers must deliver specified training to employees under new legislation.
The new law requires that plans be in writing and include, for example, the following:
An initial Environmental Hazard Assessment will be conducted by the department head or his or her designee on worksites within their purview, and any deficiencies will be documented.
A Corrective Action Plan will be completed which identifies timelines and the person responsible for ensuring hazards are addressed by a proposed target date for any items identified in the Environmental Hazard Assessment. a
lnitial training for all current employees on the specific departmental WVPP will be completed prior to September 1, 2024.
Annually thereafter, departments will be required to conduct Environmental Hazard Assessments, create related Corrective Action Plans, and provide training to all employees.
Allworkplace violence incidents, as defined in the policy, will be documented on a log and investigated, with corrective actions taken as necessary.
Training records will be maintained for one (1) year and are subject to review by CaI/OSHA or any City employee or their representative.
Hazard identification, evaluation, and correction records will be maintained for five (5) years. . lncident records will be maintained for five (5) years.
FINANCIAL IMPACT
The state did not provide funding for the implementation of SB 533 requirements. Staff labor hours will be required to implement the departmental plans, conduct assessments, and to provide training to all employees. WVPP training will be conducted on regular scheduled hours elimination over-time as much as possible. lf hazards are found, hopefully departmental budgets should be able to absorb minor improvements such as additional lighting, signage, mirrors, etc. However, if high cost hazards are identified, departments may have to request approval from City Council for the expense. a
o
a
a
a
2 RESOLUTION NO. 24.34
A RESOLUTION OF'THE CITY COUNCIL OF'THE CITY OF'F'IREBAUGH ADOPTING THE CITY OF'F'IRBBAUGH'S WORI(PLACE VIOLENCE PERVENTION PLAN PER SB 553.
WHEREAS, on September30,2023, GovemorNewsom signed into law California Senate Bill553 (SB 553), which mandates most California employers to implement a Workplace Violence Prevention Plan (WVPP) no later than July 1, 2024; and
WHEREAS, SB 553 requires employers to provide specified training to employees under the new legislation; and
WHEREAS, the City of Firebaugh is committed to ensuring the safety and well-being of its employees by complying with state legislation and implementing the required workplace violence prevention measures; and WIIEREAS, the City Council has reviewed the provisions and requirements outlined in SB 553 and believes that their implementation is essential for maintaining a safe and secure work environment; and WIIEREAS, the relevant City departments and staff have been consulted and are prepared to integrate and adhere to the regulations set forthby SB 553; and
WHEREAS, compliance with SB 553 is in the best interest of the City to maintain a productive and positive workplace environment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCTL OF THE CITY OF FIREBAUGH, CALIFORNIA as follows:
The "City of Firebaugh's Workplace Violence Prevention Plan," attached as Exhibit 1 and incorporated herein by this reference, are hereby approved and adopted.
The foregoing Resolution was approved and adopted by the City Council of the City of Firebaugh, on the 1't day of July 2024,by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED
Board Members
Board Members
Board Members
Board Members
ATTEST
Elsa Lopez
Mayor
Rita Lozano
Deputy City Clerk
Exhibit 331"
Gity of Firebaugh
Workplace Violence Prevention Plan
June 24,2024
TABLE OF CONTENTS
Policy......
Prohibited Acts
Responsibility and Authority
Comp1iance................
Communication and Training..........
Procedures ......
Hazard Assessment..
Hazard Correction .....
Post lncident Response and lnvestigation.........
Recordkeeping
Annual Review.
Appendices
A. Workplace Violent lncident Log
B. Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist
'.'.....,2
.........3
.........3
5 6
6 6
7 7
Policy
The City of Firebaugh is committed to providing a work environment that is free of disruptive, threatening, or violent behavior involving any employee, appointed or elected official, volunteer, contractor, client, and/or visitor. Our policy is to establish, implement, and maintain an effective plan as required by SB 533. The regulation requires us to establish, implement, and maintain, at all times in all our facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace.
Our Workplace Violence Prevention (WVP) plan is available upon request for examination and copying to our employees, their representatives, and the Chief of CaI/OSHA or his or her designee.
Prohibited Acts
The City of Firebaugh will not ignore, condone, or tolerate threats of violence or workplace violence by any employee, appointed or elected official, volunteer, contractor, client, or visitor.
Threats of violence include both verbal and non-verbal conduct that causes a person to fear for his or her safety because there is a reasonable possibility he or she might be physically injured and that serves no legitimate work-related purpose. a
a Workplace violence means any act of violence or threat of violence that occurs at the work site. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes the following:
The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury
An incident involving the threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether or not the employee sustains an injury
Workplace violence can be categorized into four types
Type 1: Workplace violence committed by a person who has no legitimate business at the work site - includes violent acts by anyone who enters the workplace with the intent to commit a crime
Type 2: Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors
Type 3: Workplace violence against an employee by a present or former employee, supervisor, or manager
Type 4: Workplace violence committed in the workplace by someone who does not work there but has or is known to have had a personal relationship with an employee 1 ln addition, The City of Firebaugh prohibits all dangerous weapons not used for fire suppression, accident and incident response, emergency medical services, the service of law enforcement, or security duties on all City of Firebaugh property. Any employee or appointed or elected official in possession of prohibited dangerous weapons on City of Firebaugh property is in violation of this policy and may be subject to disciplinary action up to and including dismissal. Any volunteer, contractor, client, or visitor in possession of prohibited dangerous weapons will be banned from the premises. Dangerous weapons include any instrument capable of inflicting death or serious bodily injury.
Responsi bil ity and Authority
Workplace Violence Prevention Plan Administrator
The City Manager, or an assigned designee, is the designated WVP Plan Administrator (Administrator) and has the authority and responsibility for developing, implementing, and maintaining this plan and conducting or overseeing any investigations of workplace violence reports. The City Manager will also be able to answer employee questions concerning this plan.
The City Manager, or an assigned designee, shall solicit feedback and input from employees and their authorized representatives in developing and implementing the VI/VP plan. Active involvement of employees could include, but is not limited to, their participation in identifying, evaluating, and correcting workplace violence hazards; in designing and implementing training; and in reporting and investigating workplace violence incidents.
The City Manager, or an assigned designee, shall coordinate implementation of the workplace violence prevention plan with other employers (ex. contracted security staff and other employers on site), when applicable, to ensure those employers and their employees understand their respective roles as provided in the plan. These other employers and their staff shall be provided with training on City of Firebaugh's WPV plan.
Managers and Supervisors
Responsibilities include:
. lmplementing the plan in their work areas;
o Providing input to the Administrator regarding the plan; . Participating in investigations of workplace violence reports; and . Answering employee questions concerning this plan.
Employees
Responsibilities include:
. Complying with the plan;
2 Gompliance
. Maintaining a violence-free work environment;
. Attendingalltraining;
. Following all directives, policies, and procedures; and . Reporting suspicious persons in the area and alerting the proper authorities when necessary.
The Administrator is responsible for ensuring the plan is clearly communicated and understood by all employees. The following techniques are used to ensure all employees understand and comply with the plan:
. lnforming all employees of the plan during new employee safety orientation training and ongoing workplace violence prevention training;
r Ensuring a// employees, including managers, and supervisors receive training on this plan; . Providing comprehensive workplace violence prevention training to managers and supervisors concerning their roles and responsibilities for plan implementation; r Evaluating employees to ensure their compliance with the plan; . Disciplining employees, appointed or elected officials, and volunteers who engage in threats of violence behaviors up to and including dismissal; and . Ensuring training of this plan is conducted on an annual basis.
Gommunication and Training
Managers and supervisors are responsible for communicating with employees about workplace violence in a form readily understandable by all employees.
Employees are encouraged to inform their supervisors about any threats of violence or workplace violence. Employees may use the Workplace Violent lncident Log (Appendix A) to assist in their reporting of incidents. No employee will be disciplined for reporting any threats of violence or workplace violence.
After the employee has reported their concerns about any threats of violence or workplace violence to their supervisor, the supervisor will report this information to the Administrator who will investigate the incident. The Administrator will then inform the employee of the results of their investigation and any corrective actions to be taken as part of the City of Firebaugh's responsibility in complying with hazard correction measures outlined in the WVP plan.
Any employee who believes he or she has the potential of violent behavior is encouraged to use City of Firebaugh's confidential employee reporting:
3 TextMyGov, call City Manager or call police department Main Phone Number: Text 559-296-7200 or City Manager 559-659-2043 Police Department:
559-659-3051.
Contact: Benjamin Gallegos City Manager
Employee training on workplace violence will include:
o This plan;
. Workplace violence risks that employees may encounter in their jobs; . How to recognize the potential for violence and escalating behavior; r Strategies to de-escalate behaviors and to avoid physical harm; . Text alerts, alarms, or systems that are in place to warn of emergencies; o How to report incidents to law enforcement; and
Employees assigned to respond to alerts, alarms, or systems that are in place to warn others will receive additional training that includes:
. General and personal safety measures;
. Aggression and violence predicting factors;
. The assault cycle;
. Characteristics of aggressive and violent persons;
o Verbal intervention and de-escalation techniques and physical maneuvers to defuse and prevent violent behavior;
r Strategies to prevent physical harm;
. Appropriate and inappropriate use of restraining techniques and medications as chemical restraints in acordance with Title 22; and
. An opportunity to practice the taught maneuvers and techniques, including a debriefing session.
Training will occur:
. When the plan is first established;
r At time of hire or transfer;
. Annually for employees performing citizen contact activities and their supervisors; . Annually for employees assigned to respond to internal alerts, alarms, or systems; . When new equipment or work practices are introduced; and . When a new or previously unrecognized workplace violence hazard has been identified Employees who receive training in a form other than live will have the opportunity to meet with a person knowledgeable on the plan within one business day of the training for interactive questions to be answered.
4 Procedures
Responding to Actual or Potential Workplace Violence Emergencies ln the event of an actual or potential workplace violence emergency, The Firebaugh Police Department or City of Firebaugh will alert employees of the presence, location, and nature of the workplace violence through the following methods:
o ACTIVATION OF CITY'S SIREN ALARM System
. TEXTMESSAGES
. PHONE CALLS
When any employee becomes aware of an actual or potential workplace violence emergency, they shall notify the Firebaugh Police Department Via 911 or 559-659-3051.
Employees shall implement the run, hide, fight protocols where appropriate. Evacuation routes and sheltering locations will be communicated to affected staff. lf employees are not able to evacuate or shelter in place, they are authorized to take all reasonable actions necessary to fight or subdue an active shooter or assailant.
Employees can obtain help from staff assigned to respond to workplace violence emergencies, such as security personnel by calling the following number: 91 1 Emergency or 559-659-3051. lf no security personnel are located at the worksite, employees shall call 911 to report the incident and request assistance from law enforcement.
Emergencies and Reporting a Crime
For immediate assistance in an emergency that is not associated with a service call, contact emergency services or law enforcement by calling 911. For immediate assistance in an emergency associated with a service call in progress, follow internal procedures for requesting immediate back-up assistance by notifying local law enforcement. Employees should also notify their supervisor, manager, and the Administrator as soon as possible.
Reporting Workplace Violence Concerns
Employees who witness or experience threats of violence or workplace violence can report the incident through their chain of command or directly to Human Resources. Employees may report anonymously and without fear of reprisal by submitting the incident in writing through interoffice mail.
Restraining Orders
Employees or other personnel affiliated with the City of Firebaugh who have an active restraining order issued against another person that includes the workplace are encouraged to provide a copy of the restraining order to their supervisor and the Administrator. Supervisors who receive notification of a restraining order that includes the workplace will meet with the Administrator to decide what actions, if any, need to be initiated.
5 Hazard Assessment
Workplace hazard assessments will include:
. An annual review of the past year's workplace violence incidents; and . Periodic physical security assessments.
The Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist (Appendix B) can be used to assist with the security assessment. lnspections are performed according to the following schedule:
. Once a yea\
. When the plan is implemented;
r When new, previously unidentified workplace violence/security hazards are recognized; and
. When workplace violence injuries or threats of injury occur.
Hazard Gorrection
Work practice controls will be used to correct unsafe work conditions, practices, or procedures that threaten the security of employees.
Work practice controls are defined as procedures, rules, and staffing that are used to effectively reduce workplace violence hazards. Work practice controls may include, but are not limited to:
Appropriate staffing levels;
Provision of dedicated safety personnel (i.e. security guards); Employee training on workplace violence prevention methods; and Employee training on procedures to follow in the event of a workplace violence incident.
Corrective actions will be implemented in a timely manner based on the severity of the hazard, documented and dated.
Post lncident Response and lnvestigation
Managers and supervisors will use the Workplace Violent lncident Log (Attachment A) to assist in documenting incidents and investigations.
These procedures will occur following an incident:
o Provide immediate medical care or first aid;
. ldentify all employees involved in the incident;
. Offer staff individual trauma counseling resources;
6 . Conduct a debriefing with all affected staff;
o Determine if corrective measures developed under this plan were effectively implemented; solicit feedback from all personnel involved in the incident as to the cause of this incident and if injuries occurred, how injury could have been prevented; and . Record the incident in the Workplace Violent lncident Log.
Recordkeeping
Records of workplace violence hazard identification, evaluation, and correction will be maintained for three years in accordance with the recordkeeping requirements of the City of Firebaugh's lnjury and lllness Prevention Program.
Training for each employee, including the employee's name, training dates, type of training, and training provider will be maintained for a minimum of three years.
Records of violent incidents (Workplace Violent lncident Log) will be maintained a minimum of five years at City of Firebaugh Clerks Office.
Annual Review
City of Firebaugh's Workplace Violence Prevention Plan will be reviewed annually and updated as needed considering the following criteria:
. Staffing;
. Sufficiency of security systems;
. Job, equipment, and facility design and risks;
. Modifications or additions to tasks and procedures that affect plan implementation; . Newly identified hazards;
o Prior year incidents;
o ldentified deficiencies; and
. Feedback provided by employees and their authorized representatives. a
a
a
7 Appendix A
WORKPLACE VIOLENT INCIDENT LOG
This form must be completed for every record of violence in the workplace lncident lD #*: Date and Time of lncident: Department:
Specific Location of lncident:
* Do not identify employee by name, employee #, or SSl. The lncident ID must not reflect the employee's identity) Describe lncident (lnclude additional if needed):
Assailant information :
n Patient
n Family or Friend of Patient
n Partner/SpouseofVictim
n Former Partner/Spouse of Victim
n Robber/Burglar
n student
Client
Family or Friend of Client
Parent/Relative of Victim
Animal
Passenger
Other:
tr Customer
! Family or Friend of Customer
n Co-Worker/Supervisor/Manager
tr Person ln Custody
n stranger
n
n
n
tr
!
n
Gircumstances at time of incident:
n Employee Performing Normal Duties
n Employee lsolated or Alone
n Unable to Get Help or Assistance
n other:
n Poor Lighting
n High Crime Area
n Working in a Community Setting
n Employee Rushed
! Low Staffing Level
n Unfamiliar or New Location
Location of lncident:
tr Patient or Client Room
tr waiting Room
n Personal Residence
n other:
Emergency or Urgent Care
Restroom or Bathroom
Breakroom
n Hallway
! Parking Lot or Outside Building
tr cafeteria
Type of lncident check as many apply):
n Robbery
I Verbal Threat or Harassment
n SexualThreat, Harassment, or Assault
n Animal Attack
n Threat of Physical Force
n Threat of Use of Weapon or Object
n Assault With A Weapon or Object
n Robbery
Grabbed
Kicked
Hit with an Object
Shot (or Attempted)
Bomb Threat
Vandalism (of Victim's Property)
Vandalism (of Employer's Property)
Other:
Pushed
Scratched
Bitten
Slapped
Hit with Fist
Knifed (or Attempted)
Arson
tr
n
n
n
n
n
n
tr
!
!
!
!
n
n
n
uences of incident:
Completed by
Medical care provided? n ves E ruo Law enforcement called? ! yes [ ruo Did anyone provide assistance to conclude the event? n yes ! t'lo Actions taken by employer to protect employees from a continuing threat? ! ves E ruo Security contacted? n Yes n ruo
Days lost from work (if any)
Name Title Date
Telephone Email
Signature: Telephone:
1 Appendix B
WORKPLACE VIOLENCE PREVENTION
ENVIRONMENTAL HAZARD ASSESSMENT & CONTROL CHECKLIST
Assessed by: Title
Location(s) Assessed:
This checklist is designed to evaluate the workplace and job tasks to help identify situations that may place employees at risk of workplace violence.
Step 1: ldentify risk factors that may increase City of Firebaugh's vulnerability to workplace violence events Step 2: Conduct a workplace assessment to identify physical and process vulnerabilities Step 3: Develop a corrective action plan with measurable goals and target dates STEP 1: IDENTIFY RISK FACTORS
Does staff have contact with the public?
Does staff exchange money with the public?
Does staff work alone?
ls the workplace often understaffed?
ls the workplace located in an area with a
high crime rate?
Does staff enter areas with high crime rates?
Does staff have mobile workplaces?
Does staff perform public safety functions
that might put them in conflict with others?
Does staff perform duties that may upset
people?
Does staff work with people known or
suspected to have a history of violence?
Do any employees have a history of threats
of violence?
Yes No Risk Factors Comments:
2 STEP 2: GONDUCT ASSESSMENT
Building lnterior
Are employee lD badges required?
Are employees notified of past workplace
violence events?
Are trained security personnel or staff
accessible to employees?
Are bullet resistant windows or similar
barriers used when money is exchanged
with the public?
Are areas where money is exchanged
visible to others?
ls a limited amount of cash kept on hand
with appropriate signage?
Could someone hear an employee who
called for help?
Do employees have a clear line of sight of
visitors in waiting areas?
Do areas used for client or visitor interviews
allow co-employees to observe problems?
Are waiting and work areas free of objects
that could be used as weapons?
ls fumiture in waiting and work areas
arranged to prevent employee entrapment?
Are clients and visitors clearly informed how
to use the department services so they will
not become frustrated?
Are private, locked restrooms available for
employees?
Do employees have a secure place to store
personal belonging?
Yes No Building lnterior Gomments:
3 Building Exterior
Parking Area
Do employees feel safe walking to and from
the workplace?
Are the entrances to the building clearly
visible from the street?
ls the area surrounding the building free of
bushes or other hiding places?
Are security personnel provided outside the
building?
ls video surveillance provided outside the
building?
ls there enough lighting to see clearly?
Are all exterior walkways visible to security
personnel?
Yes No Building Exterior Comments:
ls there a nearby parking lot reserved for
staffl
ls the parking lot attended and secure?
ls the parking lot free of blind spots and
landscape trimmed to prevent hiding
places?
ls there enough lighting to see cleady?
Are security escorts available?
Yes No Parking Area Gomments:
4 Security Measures
ls there a response plan for workplace
violence emergencies?
Are there physical barriers? (between staff
and clients)
Are there security cameras?
Are there panic buttons?
Are there alarm systems?
Are there metal detectors?
Are there X-ray machines?
Do doors lock?
Does internal telephone system activate
emergency assistance?
Are telephones with an outside line
programed for 911?
Are there two-way radios, pagers, or cell
phones?
Are there security mirrors?
ls there a secured entry?
Are there personal alarm devices?
Are there "drop safes" to limit available
cash?
Are pharmaceuticals secured?
ls there a system to alert staff of the
presence, location, and nature of a security
threat?
ls there a system in place for testing security
measures?
Yes No Security Measures Comments:
5 STEP 3: DEVELOP CORRECTIVE ACTION PLAN
(Action Plan Types: Bl - Building lnterior, BE - Building Exterior, PA - Parking Area, SM - Security Measure) Person(s)
Responsible
Target
Date Type Action ltem Status Comments
FIREBAUGH POLIGE DEPARTMENT
Memo
To:
From:
CG:
Date:
Re:
Honorable Mayor Elsa Lopez and Council Members
Salvador Raygoza, Police Chief
Ben Gallegos, City Manager
0612612024
Staff Report
Six Month Comparison
69 REPORTS CITATIONS ARRESTS
12023.2024
USE OF FORCE
SIX MONTH CRIME ANALYSIS:
The months of January through June2024 have been relatively busy compared to 2023 data.I have noticed a major increase in assaults, property crimes, and narcotics arrests. I been examining the data and addressing the possible causes to bring our crime rate down (see above graph). Despite some increases in some crime categories, Firebaugh is still one of the safest communities in the central valley to raise a family.
I noticed that aggravated assault increased drastically in 2024 compared to 2023. Looking at the data, the increase is related to an increase in domestic violence and other assaults with injury. I believe that the increase aggravated assault is due the increase in alcohol consumption and an increase in drug use. Drug use continues to be a challenge for families with addicted individuals and for law enforcement throughout the muntry.
Auto theft decreased compared to last year, but we did have a spike in burglaries and other property crimes. I expected to see a slight increase in property crimes due to the continued release on non-violent offenders from county jails. Over the last six months, our officers have arrested burglars and drug dealers from our community and surrounding communities who come to our cities to commit crimes. I hope to see a drop-in property crimes and things even out as we identified and arrested several individuals for this type of crimes.
Traffic issues such as speeding, failing to stop at stop signs and drag racing on our city streets continues to be a concern in our community. I have been addressing the issue with more traffic enforcement throughout the city paid with OTS funds. ln the last six months, officers issued 485 traffic citations compared to 458 during the same period in2023. We also investigated 16 traffic accidents, so far this year compared 27 lastyear. Looking at the data, the two main mllision factors are failure to yield right of way and speeding. Looking at the data we are making progress in our traffic safety efforts.
Officers continue to do a good job trying to identify the drug dealers and thieves in our city and from surrounding communities. Officers are following up on nareptic sales information and leads on property crimes cases. I hope that all their hard work leads to search warrants and arrests of subjects involved.
SIX MONTH CRIME COMPARISON
r Six Month Crime Camparison 2023 t Six Month Crime Camparison 2024 N
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2 PERSONNEL:
The department's personnelstrength stands at24, this includes 13 sworn officers including myself, 4 fulltime dispatchers, 1 Records Supervisor, 2 parttime dispatchers, 1 code enforcement officer and 3 reserve officers.
I promoted Code Enforcement Officer Khoua Xiong to full time officer after losing Officer Jorge Zaragoza to the Merced Sheriff. Officer Lopez recently finished his Field Training Program and is working solo patrol.
I hired Yvonne Sandoval as our new Code Enforcement Officer. Miss Sandoval comes with three years of experience in the code enforcement field and she currently lives in the City of Firebaugh.
Officer Brett Miller has given has resignation after 18 years of service to the citizens of Firebaugh. Officer Miller has accepted a position at Fresno City College Police Department. He will be closer to his family and save money with a take home patrol car. His last day will be Sunday June 30, 2024.
TRAINING
The Firebaugh Police Department officers receive required Perishable Skills Training to stay in compliance with POST requirements. ln the last nine months, officers were sent to other specialized training listed below.
2024 Trainings
r Perishable Skills Training
. Field Training Officer Up-date
. lnternal Affairs Training
. lnterview and lnterrogation
. Civil Procedures for Patrol
. Cell Phone Search Warrants
r Patrol Rifle Training
. TrafficCollisions lnvestigations
. Sexual Assault lnvestigations
o Domestic Violence Crisis lntervention
r Leadership/Supervisor Training dispatch
ln-House Training 2024
. Quarterly Range Qualification
. Annual Pursuit Policy Training
. Monthly Policy Training through Daily Training Bulletins 3 Officer who attended these trainings are required to absorb the instructions and lectures.
These training opportunities are a huge benefit to our department, as it updates officers in new laws, techniques and boosts productivity. Firebaugh PD Officers receive more training, than required by POST guidelines.
4