Guadalupe City Council
November 12, 2024

Agenda Item No. 13

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 12, 2024

_______________________________ _________________________________ Prepared by: Approved by:

Sylvia Estrada, Human Resources Todd Bodem, City Administrator SUBJECT: Guadalupe Police Officers Association Memorandum of Understanding for the time period September 28, 2024, through June 30, 2027
RECOMMENDATION:

It is recommended the Council adopt Resolution No. 2024-65 approving a Memorandum of Understanding (MOU) with the Guadalupe Police Officers Association for the period of September 28, 2024, through June 30, 2027.

BACKGROUND:

The previous agreement between the City and the Guadalupe Police Officers Association (GPOA) expired on June 30, 2024. As a result, there has not been an active MOU in place since July 1, 2024.

City Management and representatives from the GPOA recently held a series of constructive discussions, where both parties were able to communicate openly and collaborate on mutual interests. As a result of these productive talks, they successfully reached a consensus on the terms for a new Memorandum of Understanding (MOU).

Key components of the proposed MOU are as follows:
• Term from September 28, 2024, to June 30, 2027.
• All employee salaries to be increased by 3% per hour retroactive to August 24, 2024; followed by a 3% increase effective July 1, 2025, and finally a 3% increase July 1, 2026. • Modification to Article 207 D: Compensatory Time-: Employees will be allowed to cash out comp time, up to a maximum of 200 hours, every (3) calendar months. • Modification to Article 2.18 A the MOU, Uniform Administration: Uniform maintenance allowance will increase from $23 to $24 per pay period. In addition, Uniform Allowance will be increased from $400 biannually to $425 biannually. This amount will be paid in July and December.

Sylvia Estrada

• Modification to Article 2.19 B. Medical Insurance Administration: The City will increase its contributions to POA members’ monthly health insurance premiums by $185.75 per month for 2025 (from $1083.33 to $1,269.08 per month). In addition, if there is an increase in the insurance premium for the year 2026, the City will increase its contribution up to a maximum of 5%. • Modification to Article 2.31: Movie/Special Events Assignments: The following language will be substituted for what reads in the former MOU: Employees will be compensated at the overtime rate.
• Modification to Article 2.32: Shift Differential: The rate will increase from $1.00 to $1.25, per hour.

FISCAL IMPACT:

Salary Increase:

With a 3-year contract with 3% increase to base salary each year the budget will be impacted as follows:

Effective 8/24/24 increase of $17,527.32;
Effective 7/1/25 increase of $18,929.50;
Effective 7/1/26 increase of $20,443.86.

The medical insurance modification will increase the annual budget by $15,561.68, and finally, the uniform allowance change will Increase the annual budget by $988.

ATTACHMENTS:

1. Resolution No. 2024-65

2. Memorandum of Understanding with Guadalupe Police Officers’ Association

RESOLUTION NO. 2024-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE ADOPTING A MEMORANDUM

OF UNDERSTANDING WITH THE GUADALUPE POLICE OFFICERS ASSOCIATION WHEREAS, the Guadalupe Police Officers Association (GPOA) is the recognized employee representative for employees in the police employees’ representation unit; and WHEREAS, the City of Guadalupe and GPOA were signatories to a memorandum of understanding that expired on June 30, 2024; and
WHEREAS, the City and GPOA have met and conferred in an attempt to reach agreement on a memorandum of understanding for the time period September 28, 2024, through June 30, 2027; and
WHEREAS, the City and GPOA have reached tentative agreement on all issues.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Guadalupe as follows:

SECTION 1. The City Council hereby approves the Memorandum of Understanding for the time period September 28, 2024, through June 30, 2027, attached hereto as Exhibit “A” and incorporated herein by reference, and the Mayor is hereby authorized to execute the Memorandum of Understanding on behalf of the City.

SECTION 2. If any provision or any part of a provision of this resolution shall be finally determined to be invalid, illegal, or otherwise unenforceable, such determination shall not impair or otherwise affect the validity, legality or enforceability of the remaining provisions or parts of provisions of this resolution, which shall remain in full force and effect as if the unenforceable provision or part were deleted.

SECTION 3. This Resolution shall become effective immediately upon its adoption.

SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at regular meeting on the 12th day of November 2024 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 1

I, Amelia M. Villegas, City Clerk of the City of Guadalupe, DO HEREBY CERTIFY that the foregoing Resolution, being CC. Resolution No. 2024-65 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 12, 2024, and that same was approved and adopted.

ATTEST:
___________________________________ _____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF GUADALUPE
AND

GUADALUPE POLICE OFFICERS

ASSOCIATION
SEPTEMBER 28, 2024 – JUNE 30, 2027
ATTACHMENT 2

EXHIBIT A
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TABLE OF CONTENTS

1. INTRODUCTION……………………………………………………………….5

1.01 Preamble……………………………………………………………………5

1.02 Recognition…………………………………………………………………5

1.03 Purpose…………………………………………………………..………….5

1.04 Maintenance of Operations………………………………………………..5

1.05 Maintenance of Benefits…………………………………………………...5

2. WAGES, BENEFITS AND WORK-RELATED RULES……………………..5

2.01 Wages……………………………………………………………………….5

2.02 Application of Salary Steps………………………………………………..6

2.03 Standard of Work Periods………………………………………………...7
A.Work Hours………………………………………………………………7
B. Breaks…………………………………………………………………….7
C. Workday…………………………………………………………………7
D. Work Week………………………………………………………………7
E. Relief Shifts………………………………………………………………7
F. Time Limits………………………………………………………………7
G. Call Outs………………………………………………………………...8
H. Mandatory Schedule Changes…………………………………………8

2.04 Pay Periods…………………………………………………………………8
A. Hourly Benefits………………………………………………………….8
B. Monthly Payments of Benefits………………………………………….8

2.05 Overtime……………………………………………………………………8
A. Overtime Administration……………………………………………….8
B. Time Limits………………………………………………………………8
C. Court and Testimony……………………………………………………8
D. Paid Leave Time…………………………………………………………8
E. Mandatory Schedule Changes………………………………………….8
F.Management Rights…………………………………………………...…9

2.06 Cell Phones…………………………………………………………………9

2.07 Compensatory Time……………………………………………………….9
A. Eligibility………………………………………………………………...9
B. Compensatory Time Administration…………………………………..9
C. Accrual…………………………………………………………………...9
D. Limit of Accrual…………………………………………………………9

2.08 Call Outs…………………………………………………………………..10

2.09 Holidays…………………………………………………………………...10
A. Non-Sworn……………………………………………………………...10
B. Sworn Personnel……………………………………………………….10

2.10 Vacation……………………………………………………………………10
A. Eligibility………………………………………………………………..10
B. Vacation Administration………………………………………………11
C. Accrual………………………………………………………………….11
D. Limits of Accrual……………………………………………………….11
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TABLE OF CONTENTS
(cont’d)
E. Compensation at Termination………………………………………...11

2.11 Sick Leave………………………………………………………………….11
A. Eligibility and Purpose………………………………………………...12
B. Use………………………………………………………………………12
C. Sick Leave/Bereavement Leave while on Paid Leave………………..12 D. Accumulation…………………………………………………………..12
E. Application of Unused Sick Leave to Retirement Benefits………….12 F. Transfer of Sick Time………………………………………………….12
G. Maternity Leave……………………………………………………….12

2.12 Bereavement Leave………………………………………………………..13

2.13 Military Leave……………………………………………………………..13

2.14 Leave of Absence Without Pay……………………………………...……13

2.15 Bilingual Pay………………………………………………………………13

2.16 P.O.S.T. (Police Officers Standard of Training) Certification Incentive Pay………………………………………………………………13

2.17 Educational Incentive Pay………………………………………………..13

2.18 Uniform Allowance………………………………………………………..14
A. Uniform Administration………………………………………………14
B. Payment………………………………………………………………...14
C. New Employee………………………………………………………….14

2.19 Medical Insurance………………………………………………………...14
A. Eligibility……………………………………………………………….14
B. Medical Insurance Administration…………………………………...14

2.20 Vision Insurance…………………………………………………………..14

2.21 Dental Insurance…………………………………………………………..15

2.22 Life Insurance……………………………………………………………..15

2.23 Reimbursements…………………………………………………………..15

2.24 Retirement / PERS – Public Safety Members…………………………..15 A. Eligibility……………………………………………………………….15
B. Sworn PERS “Classic” Personnel……………………………………15
C. Sworn PEPRA New Hires…………………………………………….15

2.25 Retirement / PERS Miscellaneous Members……………………………15 A. Eligibility……………………………………………………………….15
B. Miscellaneous PERS “Classic” Personnel……………………………15
C. Miscellaneous PEPRA New Hires…………………………………….15

2.26 Mileage Reimbursement………………………………………………….16

2.27 Dues Deductions…………………………………………………………..16

2.28 Automatic Deposit………………………………………………………...16

2.29 Safety Equipment…………………………………………………………16

2.30 Recognition for Investigation Work……………………………………..16

2.31 Incentive Pay for Special Assignments…………………………………..16

2.32 Movie / Special Events Assignments……………………………………..17

2.33 Shift Differential…………………………………………………………..17
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TABLE OF CONTENTS
(cont’d)

3. DISCIPLINARY ACTION…………………………………………………….17

4. GRIEVANCE PROCEDURES………………………………………………...17

5. EMPLOYMENT STATUS……………………………………………………..18

5.01 Personnel Files…………………………………………………………….18

5.02 Probationary Period………………………………………………………18

5.03 Demotion…………………………………………………………………..18

5.04 Lay-Off…………………………………………………………………….19

5.05 Part-Time Employees……………………………………………………..19

6. POLITICAL ACTIVITIES……………………………………………………19

7. MISCELLANEOUS……………………………………………………………19

7.01 Conclusiveness…………………………………………………………….19

7.02 Saving Clause……………………………………………………………...19

7.03 Non-Discrimination……………………………………………………….20

7.04 City Rights Clause………………………………………………………...20
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MEMORANDUM OF UNDERSTANDING
September 28, 2024 – June 30, 2027

1. INTRODUCTION

1.01 Preamble. The following constitutes a Memorandum of Understanding (MOU) that resulted from meeting and conferring in good faith concerning the wages, hours and other terms and conditions of employment, between the City of Guadalupe (City) and the Guadalupe Police Officers Association (POA).

1.02 Recognition. The City recognizes the POA to be the recognized employee bargaining association representing the classifications of Police Officer, Police Corporal, Police Sergeant, Police Office Manager and Records Technician.

1.03 Purpose. It is the purpose of this MOU to promote and provide for harmonious relations, cooperation and understanding between the City and employees covered herein and to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise regarding wages, hours and other terms and conditions of employment.

1.04 Maintenance of Operations. For the term of this MOU, neither the POA or any members of the POA, nor any person acting in their behalf, will cause, authorize, engage in, or strike against the City, or engage in a work stoppage, slow down, or concerted failure to report for duty, or unauthorized absence or abstinence from the full and faithful performance of their duties of employment. This is not to mean that the POA members are waiving any rights as to the protection of personal safety as they may pertain to the refusal to cross the picket lines of another public employee organization on strike, or to the informational picketing by employees on their own time.

1.05 Maintenance of Benefits. All wages, hours and other terms and conditions of employment of POA members shall remain in full force and effect during the term of this contract. Any changes to those policies, practices or procedures that impact wages, hours and other terms and condition of employment must be effectuated by the mutual written agreement of the parties.

2. WAGES, BENEFITS AND WORK-RELATED RULES.

2.01 Wages.
(a) Salaries for employees covered by this MOU shall be increased by 3%, retroactively effective August 24, 2024. (See Exhibits); thereafter a 3% increase effective July 1st, 2025, and finally a 3% increase effective July 1st, 2026. (See Exhibits) 6 of 31
The following are the position titles and salary grades covered by this MOU:

Records Technician –Range 159
Office Manager –Range 171
Police Officer – Range182
Corporal – Range192
Sergeant –Range 202

2.02 Application of Salary Steps. All employees entering the permanent, full-time employment of City shall be paid at the first step of the salary range, unless otherwise determined by the Police Chief and the City Administrator established for his/her position classification. Salary step increases, as provided herein, are not automatic, but based upon performance and merit. Employees shall be placed on the step designated by the City Administrator for initial full-time permanent employment and qualify for increase in compensation or advancement to the next higher step of his/her salary range in the following manner. A Performance Evaluation Report on each employee recommended for advancement shall be submitted to the City Administrator by the Chief of Police prior to final action on such recommendation.

A. The salary range as set forth for each classification is divided into six (6) steps, which shall be interpreted and applied as follows:
(1) The first step is the minimum rate, and normally shall be the hiring rate (Step A). (2) The second step is granted to employees upon their anniversary date who are eligible for this adjustment after completion of one (1) full calendar year of satisfactory service in a classification and not prior the completion of a probationary period. The adjustment shall be made only if granted by the Chief of Police, and subject to the approval of the City Administrator (Step B).
(3) The third step shall be granted to an employee upon their anniversary date who has given satisfactory service in a given classification for one (1) full additional year from granting of previous step increase only if granted by the Chief of Police, and subject to approval of the City Administrator (Step C).
(4) The fourth step shall be granted to an employee upon their anniversary date who has given satisfactory service for an additional one (1) full additional year by the Chief of Police, and with approval of the City Administrator (Step D). (5) The fifth step shall be granted to an employee who has given satisfactory service for one (1) full additional year by the Chief of Police, and with the approval of the City Administrator (Step E).
(6) The sixth step shall be granted to an employee who has given satisfactory service for two one additional years by the Chief of Police, and with approval of the City 7 of 31
Administrator (Step F).

A. An employee must always continue to maintain an acceptable level of performance and shall be evaluated by the Chief of Police annually.

2.03 Standard Work Periods.

A. Work Hours. (1) The standard work shift for employees represented by the POA is 8 hours for non-sworn personnel and 12 hours for sworn personnel (inclusive of all breaks and meal periods). For sworn personnel, the standard 12-hour work shift shall consist of 80 hours of regular time work and 4 hours of mandatory overtime every two weeks, plus any other authorized overtime work.
(2) Officers may, upon mutual agreement, swap shifts with another officer of same rank, for a full or partial deployment period. The employees involved shall notify the Police Chief of the shift swap in writing. An officer who, as part of a disciplinary action, is required to work a shift, may have his or her shift swap cancelled by the Police Chief.

B. Breaks. Employees shall be entitled to one (1) thirty-minute paid meal break per duty shift, during which time sworn personnel shall remain in uniform and subject to call if necessary for any urgency or emergency. Calls not of an urgent nature shall be handled after the meal break. Employees shall be allowed to take two (2) fifteen-minute paid break periods. Breaks shall be as close to two (2) hours from the start of the shift and two (2) hours before going off duty as practical. A meal period shall be as close to four (4) hours after the start of the shift as possible. The time limits shall be adjusted on a caseby-case basis taking into consideration the nature of police work, specifically, calls for service and 'on-view' violations observed by the officer.

If an employee is required to work an additional four (4) hours overtime, he/she shall be entitled to additional paid meal periods of thirty (30) minutes each, four (4) hours from the last scheduled meal period. If an employee is required to work overtime, he/she shall be entitled to additional paid rest breaks of fifteen (15) minutes each, two (2) hours from the last scheduled rest break.

C. Workday. The standard workday shall be from 0001 hours to 2400 hours.

D. Work Week. The standard work week shall be from 0001 hours on any Saturday to 2400 hours on the following Friday.

E. Relief Shifts. Relief shifts shall be scheduled as to minimize the impact on the employee assigned to that shift.

F. Time Limits. Shift schedules shall be posted, and employees shall be notified thirty (30) days in advance of an impending departmental shift change. Officers shall be assigned to a department shift for four (4) months at a time. Departmental shifts shall be January through April; May through August and September through December, or as close as practical to meet the needs of the department. 8 of 31
G. Call Outs. Employees called out to replace a sick or injured employee shall have a reasonable time to respond.

H. Mandatory Schedule Changes. During a mandatory schedule change, no officer shall work two (2) straight shifts back-to-back (24 hours). The schedule shall be adjusted so that the officer shall have at least an eight (8) hour break in between shifts. In the event of an emergency, the City reserved the right to modify shift schedules, including the requirement to work back-to-back shifts.

2.04 Pay Periods.

A. Hourly Benefits. Pay periods for hourly benefits shall be fourteen (14) days in duration. The pay period shall start on Saturday at 0001 hours and end of Friday at 2400 hours and shall number 26 for the year. Checks shall be available to employees by 1700 hours on the Friday following the end of the pay period.

B. Monthly Payments of Benefits. The City shall make payments for all cash benefits due to the credit of employees by the tenth (10th) day of the month following the month of accrual.

2.05 Overtime. An employee shall be entitled to premium overtime compensation of one and one-half times the employee's regular rate of pay for all hours worked beyond twelve (12) hours for sworn and eight (8) hours for non-sworn in one day or forty (40) hours for non-sworn in a week or 80 hours for sworn in a two-week period. All paid leaves shall be regarded as hours worked. An employee shall be eligible to receive overtime compensation or compensatory time off, at the employee's option.

A. Overtime Administration. All overtime must be approved by a supervisor prior to the work being performed, except in emergency situations.

B. Time Limits. Subject to call-out minimums, overtime shall begin at the end of an officer's regularly scheduled shift or upon reaching the station.

C. Court and Testimony. Subject to call-out minimums, overtime for employees who attend court or other hearings shall be paid at the regular overtime rate. This shall include travel time from the station to court, and back to the station.

D. Paid Leave Time. When any employee is off on paid leave time, such as sick leave, holiday or vacation, jury duty leave, or compensation time, such time shall be considered as hours worked for the purpose of calculating overtime.

E. Mandatory Schedule Changes. During a shift change, if an employee is required to work more than forty (40) hours in his/her regular work week to adjust to the new schedule, the employee will be paid overtime or receive compensatory time within a specific pay period.
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G. Management Rights. Since the City Administrator is responsible for the efficient administration of all the affairs of the City, management reserves the right to control overtime hours worked, consistent with State and Federal law, and not in conflict with this MOU.

2.06 Cell Phones. When any employee is required to carry (wear) a department issued cell phone, said employee shall be responsible for telephonic response to any emergency pages from the department and/or supervisor(s) within a reasonable time period based upon each individual circumstance.

The employee shall not be held responsible for a telephonic response if the employee is deemed to have not been within cell phone range, the employee's cell phone is found to be defective, the employee is unable to reasonably respond to the emergency situation, or if the employee’s response would be of little or no value given time and distance considerations.

An employee who responds to an emergency call to service shall be paid for all time spent in such response, beginning when the employee starts traveling to the site of the emergency or the police department, at one and one-half times the employee’s regular rate of pay with a minimum of two hours.

2.07 Compensatory Time.

A. Eligibility. All regular and probationary employees shall be entitled to accrue compensatory time.

B. Compensatory Time Administration. Employees may take compensatory time off in lieu of paid overtime as approved by the Chief of Police, subject to applicable state or federal law. Employees whose compensatory time is interrupted or postponed due to injury on the job, sickness, court, call-backs for manpower shortage, schedule changes and such, shall be rescheduled after such interruption or postponement as approved by the Chief of Police. No compensatory time previously scheduled shall be lost to an employee exceeding the maximum compensatory accrued during the interruption or postponement.

When requested in writing, all employees shall be given their time off within two (2) weeks of that request, subject to departmental needs. Compensatory time may be used in uninterrupted blocks of time subject to departmental needs and as approved by the Chief of Police.

C. Accrual. Compensatory time shall be accrued at one and one-half (1.5) hours for every hour of overtime worked.

D. Limit of Accrual. An employee who is a sworn peace officer may accrue a bank of up to 280 hours of compensatory time off at any given time. An employee who is not a sworn peace officer may accrue a bank of up to 240 hours of compensatory time off at any given time. Upon written request, an employee may cash out no more than 200 hours 10 of 31
of compensatory time every three (3) calendar months. Such request must be submitted in writing no later than the end of the pay period preceding the pay period payment is to be made. No compensatory time can be rolled over from one year to the next. All compensatory time accrued throughout the calendar year (including the last full pay period of the year) will be paid out on the last payroll every December.

2.08 Call Outs. Employees called back to work from their day off, or other off-duty hours, shall receive paid overtime or compensatory time at the employee's discretion.

There shall be two (2) hours minimum guarantee.

2.09 Holidays.

A. Non-Sworn. Except as otherwise set forth below, thirteen 8-hour paid holidays shall be observed by full-time non-sworn personnel,
January 1, New Year's Day
January- 3rd Monday, Martin Luther King Day
February – 3rd Monday, Presidents Day
May - last Monday, Memorial Day
July 4, Independence Day
September - 1st Monday, Labor Day
November 11, Veterans Day
November - 4th Thursday, Thanksgiving Day
November - 4th Friday, day following Thanksgiving Day
December 24, Christmas Eve
December 25, Christmas Day
December 31, New Year’s Eve
Two Floating Holidays (to be taken within the given year.) When any of the above holidays falls on a Saturday or Sunday, the holiday will be observed on the previous Friday or following Monday, respectively.

B. Sworn Personnel. In lieu of fixed holidays, full-time sworn personnel will be paid 5.53 hours per pay period. Full-time sworn personnel will continue to receive two 10-hour floating holidays per calendar year thru calendar year 2020. (Effective January 1, 2021, for full-time sworn personnel, the two (2) floating holidays will be at 12 hours each.) Any full-time permanent or probationary sworn employee who works overtime on a City recognized holiday shall receive two (2) times his/her regular base pay for all overtime hours worked.

2.10 Vacation.

A. Eligibility. All regular and probationary employees shall accrue vacation time from the date of hire. The purpose of vacation is to enable each eligible employee to have time for rest and relaxation and return to work mentally and physically refreshed. Each eligible employee shall be required to have served the equivalent of one (1) year of continuous 11 of 31
service with the City to be eligible for full annual vacation leave. However, in the event an employee so chooses, he/she may, after six (6) continuous months of service, take vacation leave not to exceed four (4) working hours with his/her Supervisor’s approval.

B. Vacation Administration. Employees whose vacations are interrupted or postponed due to injury on the job, sickness, court, call-backs for manpower shortage, or schedule changes shall be rescheduled after such interruption or postponement. No vacation previously scheduled shall be lost due to an employee exceeding the maximum vacation accrual during the interruption or postponement.

C. Accrual. For full-time employees, vacation shall be accrued and credited on a monthly basis at the following rate for time in service.

Years Days Hours Per Month
0 - 1 10 6.67
2 12 8.00
3 13 8.67
4 14 9.34
5 15 10.00
6 16 10.67
7 16 10.67
8 17 11.34
9 18 12.00
10 18 12.00
11 19 12.67
12 19 12.67
13 19 12.67
14 20 13.33
15 21 14.00
D. Limits of Accrual. There is a cap of two years’ worth of accrual upon the number of hours of accrued vacation leave an employee may accrue and carry over from year to year. POA employees can elect to receive a cash-out of vacation hours every other calendar month of the year and/or compensatory time every other three months. By November 1 deadline of each year, an employee may make a written irrevocable election to declare cashing out vacation leave and/or compensatory time that will accrue in the next calendar year. Completed forms will be turned into Finance Director for approval/denial, and list with how elected hours will be communicated to Accounting Supervisor. Besides separation of employment, elections not submitted by the deadline will not allow any cashing out of vacation or compensatory time for the following calendar year. the foregoing, employees are encouraged to utilize their vacation leave for rest and relaxation.

E. Compensation at Termination. Employees leaving the City with accrued vacation 12 of 31
leave shall be paid the amount of accrued vacation to the date of termination and their current rate.

2.11 Sick Leave.

A. Eligibility and Purpose. All regular and probationary full-time employees shall accrue sick leave at a rate of eight (8) hours per calendar month effective from that employee’s date of hire.

B. Use. An employee may use accrued sick leave in the case of actual personal illness, illness or disability, medical or dental appointments, parental leave, or in the case of injury to, illness of, and medical or dental appointments for the employee’s immediate family. For purposes of this section only, “immediate family” shall mean (1) spouse or domestic partner, (2) child, (3) parent, (4) sibling, (5) grandparent (6) grandchild and (7) persons in “step” relationship of (1) through (6), and (7) any other person approved in advance by the Chief of Police. In the event the Chief of Police does not approve use of accrued leave for a person described in (7), the employee may appeal such determination to the City Administrator, whose decision shall be the final administrative decision.

C. Sick Leave/Bereavement Leave While on Paid Leave.

1. An illness or injury occurring while on vacation leave or compensatory time off shall be covered as sick leave, provided the employee has sufficient

2. sick leave available to cover the time off.

2. Employees who are on paid time off (i.e., sick, vacation, CTO) at the time of a death in the employee’s immediate family shall be entitled to substitute sick or bereavement leave for vacation or other paid time off, provided the employee has sufficient accumulated sick leave available to cover the time off. The total period of absence from City employment (vacation and sick leave) shall not exceed beyond that time initially approved for vacation, without specific approval. Unused vacation or other paid compensation time shall be retained by the affected employee.

D. Accumulation. Accrued sick leave may be accumulated to a maximum of 2,080 hours. An employee may use 100% of unused sick leave to "retire" early before the commencement of PERS retirement benefits. Employees shall be paid monthly until accumulated sick leave is utilized or until PERS retirement benefits begin, whichever is earlier. At separation, an employee may choose to be paid 50% of his or her unused sick leave, to a maximum of 480 hours at his or her current rate of pay and/or upon retirement unused accrued sick leave may be converted to PERS service credit per the City's contract with PERS.

E. Application of Unused Sick Leave to Retirement Benefits. Upon retirement under the Public Employees Retirement System (PERS), unused sick leave shall be credited to the total years of service.
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D. Transfer of sick time. Employees may transfer up to 50% of accumulated sick leave voluntarily to a fellow employee who has exhausted all his/her leave time due to an extended illness or injury. The transfer shall be on an hour for hour basis and shall not exceed eighty (80) hours of sick leave.

E. Maternity Leave. The City shall provide leave to eligible employees as required by the California Family Rights Act, the Family and Medical Leave Act, and the California Pregnancy Disability Law.

2.12 Bereavement Leave. Employees shall be granted three (3) days of paid leave for bereavement purposes in each case of a death within his/her immediate family. An additional two (2) days of bereavement leave shall be granted if out of state travel or two hundred (200) miles or more of travel from home is required. Immediate family shall be defined as the employee's spouse or registered domestic partner, child or stepchild, parent or grandparent, grandchildren, brother or sister, or in-laws.

2.13 Military Leave. Every employee of the City shall be granted military leaves of absence and other benefits as provided in Division 11, Part I, Chapter VII of the Military and Veteran's Code of the State of California and any applicable amendments. All employees applying for military leave shall give the department head, within the limits of military regulations, an opportunity to determine when such leave shall be taken.

Employees will be on full-pay status for summer and weekend drills.

2.14 Leave of Absence Without Pay. Leave of absence without pay may be granted by the City Administrator upon recommendation by the department head for a period not to exceed thirty (30) days. Leave of absence without pay in excess of thirty (30) days shall be granted only by the City Council.

2.15 Bilingual Pay. An employee, whose assignment and duties require the frequent and regular use of bilingual skills in English and Spanish, or any other language designated by the City Administrator to be of benefit to the City, shall be designated by the City Administrator to receive a bilingual allowance. For the purposes of this section only, all classifications represented by the Association, regardless of assignment, perform duties that require the frequent and regular use of their Spanish and English bilingual skills.

Full-time employees who demonstrate basic verbal bilingual skills shall receive compensation of $60 per pay period and full-time employees who pass a written and verbal examination shall receive compensation of $125 per pay period. The form of the examination shall be agreed upon by the City and the Association.

2.16 P.O.S.T. (Police Officers Standard of Training) Certification Incentive Pay.

An employee who qualifies for a Regular or Specialized Intermediate POST Certificate shall receive premium compensation of four percent (4%) above his/her base salary. An employee who qualifies for a Regular or Specialized Advanced POST Certificate shall receive premium compensation of an additional four percent (4%) above his/her base salary, for a total of eight percent (8%).
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2.17 Educational Incentive Pay. All employees represented by the POA shall receive premium compensation above their base salary for possessing the following degrees, provided they are in a subject that is law enforcement or job related:

Associate's Degree: three percent (3%) above base salary; Bachelor's Degree: 5.5% above base salary.

The Police Chief shall use reasonable criteria to determine what educational degrees are law enforcement related.

2.18 Uniform Allowance. Employees who are required to wear a uniform shall receive a uniform maintenance allowance. The allowance shall be used by the employee to replace, maintain, repair, and clean all designated uniform garments, hats, caps, shoes, leather wear, ornamentation, and inclement weather clothing.

A. Uniform Administration. The uniform maintenance allowance paid to full-time unit members shall be $24 per pay period ($624.00 per year). In addition, each July and December, full-time sworn employees shall be permitted to purchase up to $425 of new uniforms and/or work-related equipment at the City's expense. Submission of receipts is necessary for verification.

B. Payment. The uniform maintenance allowance shall be paid each biweekly pay period.

C. New Employees. New employees shall receive a prorated uniform allowance at the end of the first pay period following the date of hire. Thereafter, they shall be paid their uniform allowance in the same manner as all other employees. New employees shall receive four (4) uniforms and/or work-related equipment, at the time of hire.

2.19 Medical Insurance.

A. Eligibility. All regular and probationary employees shall be eligible for medical insurance and deferred compensation from the date of hire.

B. Medical Insurance Administration.

1. The City's monthly contribution towards a medical plan provided by the City for fulltime employees and dependents shall be $1,269.08, effective December 2024. If the total of the premium cost for an individual employee, plus eligible dependents, is less than the City's contribution, the difference between the City's contribution, and the insurance premium, the insurance premium may be deposited in the employee's deferred compensation account. In the year 2026, if there is an increase in the insurance premium, the City will increase its contribution up to a maximum of 5%.

2. Upon providing the City written proof that medical insurance coverage is in force through coverage provided by another source, a full-time employee may opt out of the City's medical insurance plan and receive the entire monthly contribution as deferred 15 of 31
compensation.

2.20 Vision Insurance. The City shall provide a Vision Care Plan during this agreement or select an alternate vision care provider which maintains equivalent or increases benefits to the employee. Effective the pay day of January 10, 2014, the City and a fulltime employee shall share in vision premiums with the City paying 75% and the employee paying 25%.

2.21 Dental Insurance. The City shall provide a Dental Care Plan during this agreement or select an alternate vision care provider which maintains equivalent or increases benefits to the employee. Effective the pay day of January 10, 2014, the City and a fulltime employee shall share in dental premiums with the City paying 75% and the employee paying 25%.

2.22 Life Insurance. The City shall provide group term life insurance benefits plan which shall provide for fifty thousand dollars ($50,000) life coverage for full-time employees during the term of their employment.

2.23 Reimbursements. Effective the pay period starting December 7, 2013, the City shall end its practice of reimbursing employees for the employee share of State Disability Insurance, Medicare and FICA (approximately 9%).

2.25 Retirement / PERS – Public Safety Members
A. Eligibility. All regular and probationary employees shall be entitled to participate in the current retirement system from the date of hire.

B. Sworn PERS “Classic” Personnel. The City shall provide the PERS 2% @ 55 retirement formula for all sworn personnel. Effective July 1, 2015, employees will contribute 2% of the employee “pickup” for Public Employees Retirement System benefits. Effective January 1, 2016, employees will contribute 4% of the employee “pickup” for Public Employees Retirement System benefits.

C. Sworn PEPRA New Hires. For employees hired on or after January 1, 2013, and classified as “new” members of CalPERS as defined by Public Employees Pension Reform Act (PEPRA), the City shall maintain a contract with CalPERS for the provision of a 2% @ 57 (highest 36 months) retirement benefit formula. Also pursuant to PEPRA these employees and the City are each responsible for paying one-half of the normal cost of this retirement plan.

2.26 Retirement / PERS – Miscellaneous Members
A. Eligibility. All regular and probationary employees shall be entitled to participate in the current retirement system from the date of hire.

B. Miscellaneous PERS “Classic” Personnel. The City shall provide the PERS 2% @ 16 of 31
55 retirement formula for all miscellaneous personnel. Effective July 1, 2015, employees will contribute 2% of the employee “pickup” for Public Employees Retirement System benefits. Effective January 1, 2016, employees will contribute 4% of the employee “pickup” for Public Employees Retirement System benefits.

C. Miscellaneous PEPRA New Hires. For employees hired on or after January 1, 2013 and classified as “new” members of CalPERS as defined by Public Employees Pension Reform Act (PEPRA), the City shall maintain a contract with CalPERS for the provision of a 2% at 62 (highest 36 months) retirement benefit formula. Also pursuant to PEPRA these employees and the City are each responsible for paying one-half of the normal cost of this retirement plan.

2.26 Mileage Reimbursement. Employees required to use their private vehicle for authorized City business or training shall receive reimbursement at the rate set forth by IRS.

2.27 Dues Deductions. The City will deduct, without charge, dues from the pay of those employees who individually provide written authorization for such dues in an amount certified be current and correct by the President of the POA by the 10th of the month following the month of deduction. Dues in this context mean any deduction voluntarily authorized by a POA member and City Employee.

2.28 Automatic Deposit. The City shall deposit for those employees who so request paychecks to employee accounts in a bank, credit union or savings and loan association per existing City policy.

2.29 Safety Equipment. The City shall supply all officers with adequate safety equipment. The City may issue patrol rifles upon officers completing necessary training and the rifles being available. Personal rifles may be authorized for use by officers upon the approval of the Chief of Police.

2.30 Recognition for Investigation Work. After a minimum of two (2) years tenure with the City, an officer will be recognized for satisfactory completion or authorized investigative work performed by that officer in the form of an acknowledgment letter written by the Chief of Police and placed in the officer's personnel file.

2.31 Incentive Pay for Special Assignments. Police Officers assigned to Special Assignments will be entitled to a premium above their base salary payable with the normal payroll, with a maximum of two (2) assignments. These Officers must satisfactorily perform their Special Assignments as well as their regular patrol duties. In the event an Officer resigns from their Special Assignment, or the assignment no longer exists, the Officer will lose the premium pay. The Special Assignments for the period of the MOU are:

K-9 Officer 3%
School Resource Officer (SRO) 3%
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Motor Officer 3%
Narcotics Officer 3%
Police Officers covered by this MOU are eligible for incentive pay at the rate of 4% for Field Training Officer assignments, but only on shifts when they are actually training other Police Officers (reserve or regular). Effective on July 2, 2016, Corporals and Sergeants are not eligible for the 4% Field Training Officer incentive pay.

Police Officers covered by this MOU are eligible for incentive pay at the rate of 4% for Senior Officer Assignments. Senior Officer Assignments will be at the discretion of the Chief and shall have a term of not greater than 3 years. Corporals and Sergeants are not eligible for the 4% Senior Officer Assignments or compensation

2.31 Movie /Special Events Assignments. All employees represented by the POA who are assigned to a movie/commercial detail, or a special event detail shall be compensated at the overtime rate.

2.32 Shift Differential. An employee whose shift covers 1900 – 0700 shall be paid a shift differential of $1.25 per hour for the duration of said shift.

3. DISCIPLINARY ACTION.

3.01 Disciplinary action shall be in accordance with the City's Personnel Manual and the Guadalupe Police Department Police Manual.

4. GRIEVANCE PROCEDURES.

4.01 Employees covered by this MOU may file grievances in accordance with the following rules and procedures:

A. Grievances may be filed concerning the interpretation of this MOU, other rules and regulations concerning terms and conditions of employment, directions of supervisors and disciplinary actions, but may not be filed for rejecting during probation.

B. The Police Department shall allow a grieving employee time off from regular duties without loss of pay when such time off is reasonably necessary for the drafting of a grievance.

C. Time limits specified herein may be extended with the written approval of both parties.

D. Failure of a grieving employee to file an appeal within the specified time limits shall constitute abandonment of a grievance.

E. An aggrieved employee may be accompanied by and assisted by representative of the employee's choice but must be personally present and participate in discussions at each formal step in the proceedings.
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F. No grievance shall be acted on unless filed within thirty (30) days of the time the grieving employee had first knowledge of the matters on which the grievance is based.

G. In each grievance filed, the grieving employee shall state the action the employee wishes taken to cure the grievance, as well as specific and pertinent information as to the matter grieved. The steps in the procedure shall be as follows:

Step No. 1: The employee shall discuss the matter with the immediate supervisor, clearly stating that a grievance is being commenced. The supervisor shall refer the employee to the next level of supervision, if the matter is beyond the immediate supervisor's control, or shall respond verbally or in writing within five (5) days if the matter is within the scope of his/her control. If the employee is unsatisfied with the supervisor's response or is referred to the next level of supervision, the employee shall file a written grievance within five (5) days to the next level of supervision.

Step No. 2: On receipt of a grievance by the second level supervisor, that supervisor shall either refer the grievance to the next level of supervision, if the matter is beyond the second level supervisor's control, or schedule a meeting with the grieving employee to discuss the matter. The meeting shall be scheduled within five (5) days, and the second level supervisor shall respond in writing giving the reason for the decision made within five (5) days after completion of the meeting.

Step No. 3: The process shall continue through higher levels of supervision in the same manner as described in Step No. 2 until the employee is satisfied or the City Council is reached. A grievance to the City Council shall also state whether the grieving employee desires a closed or open hearing. Such grievance shall be scheduled for the next regular City Council meeting for which the agenda is open. The City Council shall hold such hearing and may make additional investigations into the matter. It shall direct a decision in writing with the reasons thereof within a reasonable time, and such decision shall be final.

5. EMPLOYMENT STATUS.

5.01 Personnel Files. An employee may inspect and copy his/her personnel file as required by law

5.02 Probationary Period. All appointments shall be tentative and subject to a probationary period of twelve (12) months. The Chief of Police, with consent of the City Administrator, may extend the probationary period for specified cause(s). The extension shall be provided in writing to an employee. All probationary employees who are being placed on an extended probationary period shall be given written notice of the extension prior to the expiration of their probationary period. In the event notice is not give, the employee shall be considered to have successfully completed the probationary period.

An employee who is in a position that is reclassified shall be required to complete an additional probationary period. The probationary period shall be regarded as part of a continuing testing process and shall be utilized for closely observing the employee's 19 of 31
work, for securing the most effective adjustment of a new employee to the position and for rejecting any probationary employee whose performance does not meet the required standard.

5.03 Demotion. Demotion of an employee to a lower class shall result in reduction of salary. The employee's salary shall be placed in the identical step in the lower class that the employee enjoyed in the class from which demotion was made. Demotion can be made for cause, which shall be provided to the employee in writing by the Chief of Police prior to any action taking place. The demoted employee may appeal demotion for disciplinary reasons through the grievance procedure. Demotion for any other reason is not appealable.

5.04 Lay-Off. Whenever, in the judgment of the City, it become necessary to make a reduction in force, whenever possible, the reduction shall be accomplished through attrition. Employees subject to a reduction in force shall be given at least thirty (30) working days notice prior to the effective date of the layoff, or thirty (30) days severance pay in lieu of notice. The POA shall receive concurrent notice and may be granted an opportunity to meet and consult with the City to discuss the proposed alternatives to a reduction in force.

When one (1) or more employees performing in the same class in the Police Department are to face reduction in force, the Chief of Police and the POA representative shall meet to discuss the procedures and order of lay-off.

5.05 Part-Time Employees. Part-time employees in represented classifications shall receive pro-rated benefits base on their percentage of FTE status.

6. POLITICAL ACTIVITIES. Pursuant to the City's Personnel Policy Manual and California Law.

7. MISCELLANEOUS.

7.01 Conclusiveness. It is not the intent of either party to change any plan, program, rule or regulation not specifically referred to in this MOU by the execution of the MOU. The parties may mutually agree to meet and confer on any matter at any time. This MOU is intended to be the full and final definition of wages, hours and working conditions for the period specified. However, other rules and policies set out in the City Personnel Policy Manual and the Administrative Procedures may apply. When in conflict with other policy documents, this MOU shall control.

7.02 Saving Clause. If any article or section of the MOU or any addendum thereof should be held to be invalid by operation or law or by a tribunal of competent jurisdiction, or if compliance or enforcement of any article or section should be restrained by such tribunal or by enactment of a superseding rule, regulation, law or order by any governmental authority other than the City, such article or section shall be immediately suspended and be of no force and effect, and the parties shall immediately begin the meet 20 of 31
and confer process for the purpose of arriving at a mutually satisfactory replacement for such article or section. Invalidation of a part or portion of this MOU shall not invalidate any remaining portion, unless those remaining portions were contingent upon the Operation of the invalidated article or section.

7.03 Non-Discrimination. Both the City and the POA agree that they shall not unlawfully discriminate against any employee on the basis of age, race, sex, handicap, creed, color, national origin, or ancestry. Neither the City not the POA shall interfere with, intimidate, restrain, coerce, or discriminate against any employee because of the exercise of rights to engage or not engage in lawful POA activity.

7.04 City Rights Clause. The POA recognizes the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respect subject to this MOU.

The City has and will continue to retain exclusive decision-making authority on matters not officially and expressly modified by specific provisions of the MOU.

The exclusive rights of the City shall include, but not be limited to: the right to determine the organization of the City government and the purpose and mission if its constituent agencies; to set standards of service to be offered to the public, and through its management officials, to exercise control and discretion over its organization and operations; to establish and effect administration and employment rules and regulations consistent with law and specific provisions of this MOU, to direct its employees; to classify and reclassify positions, to take disciplinary action for just cause; to relieve its employees from duty because of lack of work or for other legitimate reasons; to determine whether goods or services shall be made; purchases or contracted for; to determine the methods, means and personnel by which the City's services are to be provided, including the right to schedule assigned work and overtime; and to otherwise act in the interest of efficient service to the community.

For the City: For the POA:
__________________________ __________________________
Ariston Julian, Mayor Michael Kuhbander, President
__________________________
Todd Bodem, City Administrator
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EXHIBITS
22 of 31

CITY OF GUADALUPE
POA Employee PayScale
Effective August 24, 2024 - 3%
Range A B C D E F
159 33.061 34.714 36.449 38.272 40.185 42.195
Range A B C D E F
171 35.248 37.011 38.861 40.804 42.845 44.987
Range A B C D E F
182 37.493 39.368 41.336 43.403 45.573 47.852
Range A B C D E F
192 39.758 41.746 43.833 46.024 48.326 50.742
Range A B C D E F
202 46.063 48.366 50.785 53.324 55.990 58.790
Range A B C D E F
120 27.521 28.897 30.342 31.859 33.452 35.124
121 27.638 29.020 30.471 31.995 33.594 35.274
122 27.757 29.145 30.602 32.132 33.739 35.426
123 27.876 29.269 30.733 32.269 33.883 35.577
124 27.997 29.397 30.867 32.410 34.031 35.732
125 28.118 29.524 31.001 32.551 34.178 35.887
126 28.241 29.653 31.136 32.693 34.328 36.044
127 28.364 29.782 31.272 32.835 34.477 36.201
128 28.490 29.914 31.410 32.981 34.630 36.361
129 28.617 30.048 31.550 33.128 34.784 36.523
130 28.744 30.181 31.690 33.275 34.938 36.685
131 28.872 30.316 31.832 33.423 35.095 36.849
132 29.005 30.455 31.978 33.577 35.256 37.019
133 29.135 30.592 32.121 33.727 35.414 37.184
134 29.267 30.731 32.267 33.881 35.575 37.354
135 29.403 30.873 32.417 34.038 35.739 37.526
136 29.540 31.017 32.568 34.196 35.906 37.701
137 29.677 31.160 32.718 34.354 36.072 37.876
138 29.815 31.305 32.871 34.514 36.240 38.052
139 29.953 31.451 33.023 34.674 36.408 38.228
140 30.094 31.599 33.179 34.837 36.579 38.408
141 30.238 31.750 33.337 35.004 36.754 38.592
142 30.382 31.901 33.496 35.170 36.929 38.775
143 30.525 32.052 33.654 35.337 37.104 38.959
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Range A B C D E F
144 30.675 32.208 33.819 35.510 37.285 39.150
145 30.823 32.364 33.982 35.681 37.465 39.338
146 30.972 32.521 34.147 35.854 37.647 39.529
147 31.124 32.680 34.314 36.030 37.832 39.723
148 31.276 32.840 34.482 36.206 38.017 39.918
149 31.430 33.001 34.652 36.384 38.203 40.114
150 31.586 33.166 34.824 36.565 38.393 40.313
151 31.744 33.331 34.998 36.748 38.585 40.514
152 31.903 33.498 35.173 36.932 38.779 40.718
153 32.065 33.668 35.352 37.119 38.975 40.924
154 32.226 33.837 35.529 37.305 39.171 41.129
155 32.389 34.009 35.709 37.494 39.369 41.338
156 32.557 34.184 35.894 37.688 39.573 41.551
157 32.723 34.359 36.077 37.881 39.775 41.763
158 32.893 34.538 36.265 38.078 39.982 41.981
159 33.061 34.714 36.449 38.272 40.185 42.195
160 33.234 34.895 36.640 38.472 40.396 42.416
161 33.408 35.079 36.833 38.674 40.608 42.638
162 33.584 35.263 37.027 38.878 40.822 42.863
163 33.761 35.450 37.222 39.083 41.037 43.089
164 33.942 35.639 37.421 39.292 41.256 43.319
165 34.120 35.826 37.618 39.498 41.473 43.547
166 34.305 36.020 37.821 39.712 41.697 43.782
167 34.490 36.215 38.025 39.927 41.923 44.019
168 34.676 36.410 38.230 40.142 42.149 44.256
169 34.864 36.608 38.438 40.360 42.378 44.497
170 35.054 36.807 38.647 40.580 42.609 44.739
171 35.248 37.011 38.861 40.804 42.845 44.987
172 35.441 37.213 39.074 41.027 43.079 45.233
173 35.636 37.418 39.289 41.254 43.316 45.482
174 35.835 37.626 39.508 41.483 43.557 45.735
175 36.034 37.836 39.728 41.714 43.800 45.990
176 36.237 38.049 39.951 41.949 44.046 46.248
177 36.442 38.264 40.177 42.186 44.295 46.510
178 36.647 38.480 40.404 42.424 44.545 46.772
179 36.855 38.698 40.633 42.665 44.798 47.038
180 37.065 38.918 40.864 42.907 45.052 47.305
181 37.277 39.141 41.098 43.153 45.310 47.576
182 37.493 39.368 41.336 43.403 45.573 47.852
183 37.708 39.594 41.573 43.652 45.835 48.126
184 37.927 39.824 41.815 43.906 46.101 48.406
185 38.148 40.055 42.058 44.161 46.369 48.688
186 38.373 40.291 42.306 44.421 46.642 48.974
187 38.596 40.526 42.552 44.680 46.914 49.260
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Range A B C D E F
188 38.825 40.766 42.805 44.945 47.192 49.552
189 39.054 41.007 43.057 45.210 47.470 49.844
190 39.007 40.957 43.005 45.155 47.413 49.783
191 39.520 41.496 43.571 45.750 48.037 50.439
192 39.758 41.746 43.833 46.024 48.326 50.742
193 39.996 41.996 44.096 46.301 48.616 51.047
194 40.238 42.250 44.362 46.580 48.909 51.355
195 40.482 42.506 44.632 46.863 49.206 51.667
196 40.728 42.764 44.903 47.148 49.505 51.980
197 40.978 43.027 45.178 47.437 49.809 52.299
198 41.231 43.292 45.457 47.730 50.116 52.622
199 41.483 43.557 45.735 48.022 50.423 52.944
200 41.740 43.827 46.018 48.319 50.735 53.272
201 42.000 44.100 46.305 48.620 51.051 53.604
202 46.063 48.366 50.785 53.324 55.990 58.790
203 46.356 48.673 51.107 53.662 56.346 59.163
204 46.650 48.982 51.431 54.003 56.703 59.538
205 46.947 49.294 51.759 54.347 57.064 59.917
206 47.248 49.611 52.091 54.696 57.431 60.302
207 47.550 49.928 52.424 55.045 57.797 60.687
208 47.856 50.249 52.762 55.400 58.170 61.078
209 48.166 50.574 53.103 55.758 58.546 61.473
210 48.480 50.904 53.449 56.121 58.927 61.874
211 48.794 51.233 53.795 56.485 59.309 62.275
212 49.112 51.568 54.146 56.854 59.696 62.681
213 49.434 51.906 54.501 57.226 60.087 63.092
214 49.759 52.247 54.859 57.602 60.482 63.506
215 50.087 52.591 55.221 57.982 60.881 63.925
216 50.419 52.940 55.587 58.366 61.285 64.349
217 50.755 53.292 55.957 58.755 61.693 64.777
218 51.092 53.646 56.329 59.145 62.102 65.207
219 51.433 54.005 56.705 59.541 62.518 65.644
220 51.778 54.367 57.085 59.940 62.937 66.084
221 52.128 54.734 57.471 60.344 63.361 66.529
222 52.480 55.104 57.859 60.752 63.790 66.979
223 52.836 55.477 58.251 61.164 64.222 67.433
224 53.194 55.854 58.647 61.579 64.658 67.891
225 53.558 56.235 59.047 62.000 65.099 68.354
226 53.922 56.618 59.449 62.422 65.543 68.820
227 54.293 57.008 59.858 62.851 65.994 69.293
228 54.667 57.401 60.271 63.284 66.448 69.771
229 55.044 57.797 60.686 63.721 66.907 70.252
230 55.423 58.194 61.104 64.159 67.367 70.735
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CITY OF GUADALUPE
POA Employee Payscale
Effective July 1, 2025 - 3%
Range A B C D E F
159 34.052 35.755 37.543 39.420 41.391 43.461
Range A B C D E F
171 36.306 38.121 40.027 42.028 44.130 46.336
Range A B C D E F
182 38.618 40.549 42.576 44.705 46.940 49.287
Range A B C D E F
192 40.950 42.998 45.148 47.405 49.775 52.264
Range A B C D E F
202 47.445 49.817 52.308 54.924 57.670 60.553
Range A B C D E F
120 28.347 29.764 31.252 32.815 34.455 36.178
121 28.467 29.891 31.385 32.955 34.602 36.332
122 28.590 30.019 31.520 33.096 34.751 36.488
123 28.712 30.147 31.655 33.238 34.899 36.644
124 28.837 30.279 31.793 33.382 35.051 36.804
125 28.962 30.410 31.931 33.527 35.204 36.964
126 29.089 30.543 32.070 33.674 35.357 37.125
127 29.215 30.676 32.210 33.820 35.511 37.287
128 29.345 30.812 32.352 33.970 35.668 37.452
129 29.475 30.949 32.497 34.121 35.828 37.619
130 29.606 31.087 32.641 34.273 35.987 37.786
131 29.739 31.225 32.787 34.426 36.147 37.955
132 29.875 31.369 32.937 34.584 36.313 38.129
133 30.009 31.509 33.085 34.739 36.476 38.300
134 30.145 31.653 33.235 34.897 36.642 38.474
135 30.285 31.799 33.389 35.059 36.812 38.652
136 30.426 31.947 33.545 35.222 36.983 38.832
137 30.567 32.095 33.700 35.385 37.154 39.012
138 30.709 32.245 33.857 35.550 37.327 39.194
139 30.852 32.394 34.014 35.714 37.500 39.375
140 30.997 32.547 34.174 35.883 37.677 39.561
141 31.145 32.702 34.337 36.054 37.857 39.750
142 31.293 32.858 34.501 36.226 38.037 39.939
143 31.441 33.013 34.664 36.397 38.217 40.128
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Range A B C D E F
144 31.595 33.175 34.833 36.575 38.404 40.324
145 31.747 33.335 35.001 36.752 38.589 40.519
146 31.901 33.496 35.171 36.930 38.776 40.715
147 32.058 33.661 35.344 37.111 38.967 40.915
148 32.215 33.825 35.517 37.293 39.157 41.115
149 32.373 33.992 35.691 37.476 39.349 41.317
150 32.534 34.161 35.869 37.662 39.545 41.522
151 32.696 34.331 36.048 37.850 39.743 41.730
152 32.860 34.503 36.229 38.040 39.942 41.939
153 33.027 34.679 36.412 38.233 40.145 42.152
154 33.193 34.852 36.595 38.425 40.346 42.363
155 33.361 35.029 36.780 38.619 40.550 42.578
156 33.533 35.210 36.971 38.819 40.760 42.798
157 33.704 35.390 37.159 39.017 40.968 43.016
158 33.880 35.574 37.353 39.220 41.181 43.240
159 34.052 35.755 37.543 39.420 41.391 43.461
160 34.231 35.942 37.739 39.626 41.608 43.688
161 34.411 36.131 37.938 39.834 41.826 43.917
162 34.592 36.321 38.137 40.044 42.046 44.149
163 34.774 36.513 38.339 40.256 42.268 44.382
164 34.960 36.708 38.543 40.470 42.494 44.619
165 35.144 36.901 38.746 40.683 42.718 44.853
166 35.334 37.100 38.955 40.903 42.948 45.096
167 35.525 37.301 39.166 41.125 43.181 45.340
168 35.716 37.502 39.377 41.346 43.413 45.584
169 35.910 37.706 39.591 41.571 43.649 45.832
170 36.106 37.911 39.807 41.797 43.887 46.081
171 36.306 38.121 40.027 42.028 44.130 46.336
172 36.504 38.329 40.246 42.258 44.371 46.590
173 36.706 38.541 40.468 42.491 44.616 46.847
174 36.910 38.755 40.693 42.728 44.864 47.107
175 37.115 38.971 40.920 42.966 45.114 47.370
176 37.324 39.190 41.150 43.207 45.367 47.636
177 37.535 39.412 41.383 43.452 45.624 47.906
178 37.747 39.634 41.616 43.696 45.881 48.175
179 37.961 39.859 41.852 43.944 46.142 48.449
180 38.177 40.085 42.090 44.194 46.404 48.724
181 38.395 40.315 42.331 44.447 46.670 49.003
182 38.618 40.549 42.576 44.705 46.940 49.287
183 38.839 40.781 42.821 44.962 47.210 49.570
184 39.065 41.018 43.069 45.223 47.484 49.858
185 39.292 41.257 43.320 45.486 47.760 50.148
186 39.524 41.500 43.575 45.754 48.042 50.444
187 39.754 41.742 43.829 46.020 48.321 50.737
27 of 31
Range A B C D E F
188 39.990 41.989 44.089 46.293 48.608 51.038
189 40.226 42.237 44.349 46.566 48.895 51.339
190 40.177 42.186 44.295 46.510 48.835 51.277
191 40.706 42.741 44.878 47.122 49.478 51.952
192 40.950 42.998 45.148 47.405 49.775 52.264
193 41.196 43.256 45.419 47.690 50.074 52.578
194 41.445 43.517 45.693 47.978 50.377 52.896
195 41.697 43.782 45.971 48.269 50.683 53.217
196 41.950 44.047 46.250 48.562 50.990 53.540
197 42.207 44.318 46.533 48.860 51.303 53.868
198 42.467 44.591 46.820 49.161 51.619 54.200
199 42.728 44.864 47.107 49.463 51.936 54.533
200 42.992 45.142 47.399 49.769 52.257 54.870
201 43.260 45.423 47.694 50.079 52.583 55.212
202 47.445 49.817 52.308 54.924 57.670 60.553
203 47.746 50.134 52.640 55.272 58.036 60.938
204 48.049 50.452 52.974 55.623 58.404 61.324
205 48.355 50.773 53.311 55.977 58.776 61.715
206 48.666 51.099 53.654 56.337 59.154 62.111
207 48.977 51.425 53.997 56.696 59.531 62.508
208 49.292 51.757 54.344 57.062 59.915 62.911
209 49.611 52.091 54.696 57.431 60.302 63.317
210 49.934 52.431 55.052 57.805 60.695 63.730
211 50.258 52.770 55.409 58.179 61.088 64.143
212 50.586 53.115 55.771 58.559 61.487 64.562
213 50.917 53.463 56.136 58.943 61.890 64.984
214 51.252 53.814 56.505 59.330 62.297 65.411
215 51.589 54.169 56.877 59.721 62.707 65.842
216 51.932 54.528 57.255 60.117 63.123 66.279
217 52.277 54.891 57.636 60.517 63.543 66.721
218 52.624 55.256 58.018 60.919 63.965 67.164
219 52.976 55.625 58.407 61.327 64.393 67.613
220 53.332 55.998 58.798 61.738 64.825 68.066
221 53.691 56.376 59.195 62.155 65.262 68.525
222 54.054 56.757 59.595 62.575 65.704 68.989
223 54.421 57.142 59.999 62.999 66.149 69.456
224 54.790 57.530 60.406 63.426 66.598 69.928
225 55.164 57.922 60.819 63.859 67.052 70.405
226 55.540 58.317 61.233 64.294 67.509 70.885
227 55.922 58.718 61.654 64.737 67.974 71.372
228 56.307 59.123 62.079 65.183 68.442 71.864
229 56.696 59.530 62.507 65.632 68.914 72.360
230 57.086 59.940 62.937 66.084 69.388 72.857
28 of 31

CITY OF GUADALUPE
POA Employee Payscale
Effective July 1, 2026 - 3%
Range A B C D E F
159 35.074 36.828 38.669 40.603 42.633 44.764
Range A B C D E F
171 37.395 39.265 41.228 43.289 45.454 47.726
Range A B C D E F
182 39.777 41.765 43.854 46.046 48.349 50.766
Range A B C D E F
192 42.179 44.288 46.502 48.827 51.269 53.832
Range A B C D E F
202 48.868 51.312 53.877 56.571 59.400 62.370
Range A B C D E F
120 29.197 30.657 32.190 33.799 35.489 37.264
121 29.321 30.787 32.327 33.943 35.640 37.422
122 29.447 30.920 32.466 34.089 35.793 37.583
123 29.573 31.052 32.604 34.235 35.946 37.744
124 29.702 31.187 32.746 34.384 36.103 37.908
125 29.831 31.322 32.889 34.533 36.260 38.073
126 29.961 31.459 33.032 34.684 36.418 38.239
127 30.092 31.596 33.176 34.835 36.576 38.405
128 30.225 31.736 33.323 34.989 36.739 38.575
129 30.360 31.878 33.472 35.145 36.902 38.747
130 30.494 32.019 33.620 35.301 37.066 38.919
131 30.631 32.162 33.770 35.459 37.232 39.093
132 30.771 32.310 33.925 35.622 37.403 39.273
133 30.909 32.455 34.077 35.781 37.570 39.449
134 31.050 32.602 34.232 35.944 37.741 39.628
135 31.194 32.753 34.391 36.110 37.916 39.812
136 31.339 32.906 34.551 36.278 38.092 39.997
137 31.484 33.058 34.711 36.446 38.269 40.182
138 31.630 33.212 34.873 36.616 38.447 40.369
139 31.777 33.366 35.034 36.786 38.625 40.556
140 31.927 33.523 35.199 36.959 38.807 40.747
141 32.079 33.683 35.367 37.136 38.992 40.942
142 32.232 33.843 35.536 37.312 39.178 41.137
143 32.384 34.004 35.704 37.489 39.363 41.332
29 of 31
Range A B C D E F
144 32.543 34.170 35.878 37.672 39.556 41.534
145 32.700 34.335 36.052 37.854 39.747 41.734
146 32.858 34.501 36.226 38.038 39.939 41.936
147 33.020 34.671 36.404 38.224 40.136 42.142
148 33.181 34.840 36.582 38.411 40.332 42.349
149 33.344 35.011 36.762 38.600 40.530 42.556
150 33.510 35.185 36.945 38.792 40.732 42.768
151 33.677 35.361 37.129 38.986 40.935 42.982
152 33.846 35.538 37.315 39.181 41.140 43.197
153 34.018 35.719 37.505 39.380 41.349 43.417
154 34.188 35.898 37.693 39.577 41.556 43.634
155 34.362 36.080 37.884 39.778 41.767 43.855
156 34.539 36.266 38.080 39.984 41.983 44.082
157 34.716 36.451 38.274 40.188 42.197 44.307
158 34.896 36.641 38.473 40.397 42.417 44.537
159 35.074 36.828 38.669 40.603 42.633 44.764
160 35.258 37.021 38.872 40.815 42.856 44.999
161 35.443 37.215 39.076 41.029 43.081 45.235
162 35.629 37.411 39.281 41.246 43.308 45.473
163 35.818 37.608 39.489 41.463 43.536 45.713
164 36.009 37.809 39.699 41.684 43.769 45.957
165 36.198 38.008 39.909 41.904 43.999 46.199
166 36.394 38.213 40.124 42.130 44.237 46.449
167 36.591 38.420 40.341 42.358 44.476 46.700
168 36.788 38.627 40.558 42.586 44.716 46.951
169 36.988 38.837 40.779 42.818 44.959 47.207
170 37.189 39.049 41.001 43.051 45.204 47.464
171 37.395 39.265 41.228 43.289 45.454 47.726
172 37.599 39.479 41.453 43.526 45.702 47.987
173 37.807 39.697 41.682 43.766 45.954 48.252
174 38.017 39.918 41.914 44.009 46.210 48.520
175 38.229 40.140 42.147 44.255 46.467 48.791
176 38.444 40.366 42.384 44.503 46.728 49.065
177 38.661 40.594 42.624 44.755 46.993 49.343
178 38.879 40.823 42.864 45.007 47.258 49.621
179 39.100 41.055 43.107 45.263 47.526 49.902
180 39.322 41.288 43.352 45.520 47.796 50.186
181 39.547 41.524 43.601 45.781 48.070 50.473
182 39.777 41.765 43.854 46.046 48.349 50.766
183 40.005 42.005 44.105 46.310 48.626 51.057
184 40.237 42.249 44.361 46.580 48.909 51.354
185 40.471 42.495 44.619 46.850 49.193 51.653
186 40.710 42.745 44.882 47.127 49.483 51.957
187 40.947 42.994 45.144 47.401 49.771 52.259
30 of 31
Range A B C D E F
188 41.190 43.249 45.411 47.682 50.066 52.569
189 41.432 43.504 45.679 47.963 50.361 52.879
190 41.382 43.451 45.624 47.905 50.300 52.815
191 41.927 44.023 46.225 48.536 50.963 53.511
192 42.179 44.288 46.502 48.827 51.269 53.832
193 42.432 44.554 46.781 49.121 51.577 54.155
194 42.688 44.823 47.064 49.417 51.888 54.482
195 42.948 45.095 47.350 49.717 52.203 54.813
196 43.208 45.369 47.637 50.019 52.520 55.146
197 43.473 45.647 47.929 50.326 52.842 55.484
198 43.741 45.929 48.225 50.636 53.168 55.826
199 44.010 46.210 48.521 50.947 53.494 56.169
200 44.282 46.496 48.821 51.262 53.825 56.516
201 44.558 46.785 49.125 51.581 54.160 56.868
202 48.868 51.312 53.877 56.571 59.400 62.370
203 49.179 51.638 54.220 56.930 59.777 62.766
204 49.491 51.965 54.563 57.292 60.156 63.164
205 49.806 52.296 54.911 57.656 60.539 63.566
206 50.126 52.632 55.264 58.027 60.928 63.975
207 50.446 52.968 55.617 58.397 61.317 64.383
208 50.771 53.309 55.975 58.774 61.712 64.798
209 51.099 53.654 56.337 59.153 62.111 65.217
210 51.432 54.004 56.704 59.539 62.516 65.642
211 51.765 54.354 57.071 59.925 62.921 66.067
212 52.103 54.708 57.444 60.316 63.332 66.498
213 52.445 55.067 57.820 60.711 63.747 66.934
214 52.789 55.429 58.200 61.110 64.165 67.374
215 53.137 55.794 58.583 61.513 64.588 67.818
216 53.490 56.164 58.972 61.921 65.017 68.268
217 53.846 56.538 59.365 62.333 65.450 68.722
218 54.203 56.913 59.759 62.747 65.884 69.179
219 54.566 57.294 60.159 63.167 66.325 69.641
220 54.931 57.678 60.562 63.590 66.770 70.108
221 55.302 58.067 60.971 64.019 67.220 70.581
222 55.676 58.460 61.383 64.452 67.675 71.058
223 56.053 58.856 61.799 64.889 68.133 71.540
224 56.434 59.255 62.218 65.329 68.596 72.025
225 56.819 59.660 62.643 65.775 69.064 72.517
226 57.206 60.066 63.070 66.223 69.534 73.011
227 57.600 60.480 63.504 66.679 70.013 73.513
228 57.996 60.896 63.941 67.138 70.495 74.020
229 58.397 61.316 64.382 67.601 70.981 74.530
230 58.798 61.738 64.825 68.066 71.470 75.043
31 of 31

Agenda Item No. 14

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 12, 2024
_________________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Conflict Waiver to Allow City Attorney to Provide No-Cost Legal Services to the Guadalupe Community Action Coalition (GCAC)
RECOMMENDATION:

That the City Council consider adopting Resolution No. 2024-66 waiving any conflicts of interest that may arise as a result of the City Attorney also providing legal services (at no cost) to the Guadalupe Community Action Coalition (GCAC) to assist it with its mission to work with the City and in support of the City’s community and economic initiatives until it gain sufficient capacity to be able to obtain and pay for other legal counsel.

INTRODUCTORY NOTE:

This staff report is unusual in that it is written in the first-person, rather than the third-person, voice. I found using the first-person voice necessary because the request to an existing client to allow that client’s attorney to represent another client that may have interests that conflict (or might conflict) with the existing client’s interest is a rather personal thing between an attorney and a client, and I also found it was very awkward to refer to myself as the “City Attorney” rather than as “I” when making this request.

BACKGROUND:

The City Council authorized the creation a nonprofit corporation, including paying legal fees for this purpose, as well as providing the new nonprofit corporation with a $10,000 forgivable loan to ensure that it had funds to commence its operations. The name of this nonprofit corporation is the Guadalupe Community Action Coalition (GCAC). Although GCAC has the initial operating funds it obtained from the City of Guadalupe, it has not developed its full capacity and requires guidance in developing this capacity, including legal advice.

The City of Guadalupe does not control GCAC, but the City Council is required to approve all board members, and the City Administrator and Director of Finance for the City are designated as the president and treasurer of the board, respectively. The mission of the GCAC is: “To promote the wellbeing of the community of Guadalupe, in coordination with the City of Guadalupe, with a focus on community needs Philip F. Sinco

and economic development.” Therefore, even though the City does not control GCAC, their respective interests will be completely aligned in most, if not all, circumstances.

Accordingly, in order to enhance the capacity of GCAC, I have offered to provide legal advice and assistance to GCAC at no cost provided that the City Council and GCAC’s board of directors waive any conflicts of interest. The City of Guadalupe, as a corporate entity, is my client, but any express waiver of actual or potential conflicts on behalf of the City must be made by a majority vote of the City Council for the City of Guadalupe. If the City Council were to approve such a conflict waiver, I would also ask the board of directors for GCAC to approve a conflict waiver by a majority vote before I would agree to represent it or provide it with legal services.

DISCUSSION:

California Rules of Professional Conduct, Rule 1.7 (Conflicts of Interest: Current Clients) provides, in its entirety:
(a) A lawyer shall not, without informed written consent from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.
(b) A lawyer shall not, without informed written consent from each affected client and compliance with paragraph (d), represent a client if there is a significant risk the lawyer’s representation of the client will be materially limited by the lawyer’s responsibilities to or relationships with another client, a former client or a third person, or by the lawyer’s own interests.
(c) Even when a significant risk requiring a lawyer to comply with paragraph (b) is not present, a lawyer shall not represent a client without written disclosure of the relationship to the client and compliance with paragraph (d) where:
(1) the lawyer has, or knows that another lawyer in the lawyer’s firm has, a legal, business, financial, professional, or personal relationship with or responsibility to a party or witness in the same matter; or
(2) the lawyer knows or reasonably should know that another party’s lawyer is a spouse, parent, child, or sibling of the lawyer, lives with the lawyer, is a client of the lawyer or another lawyer in the lawyer’s firm, or has an intimate personal relationship with the lawyer.
(d) Representation is permitted under this rule only if the lawyer complies with paragraphs (a), (b), and (c), and:
(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; and

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.
(e) For purposes of this rule, “matter” includes any judicial or other proceeding, application, request for a ruling or other determination, contract, transaction, claim, controversy, investigation, charge, accusation, arrest, or other deliberation, decision, or action that is focused on the interests of specific persons, or a discrete and identifiable class of persons.

Consequences of the Representation:

I am obliged, under the rule cited above, to inform the City Council of any actual or reasonably foreseeable adverse effects of my representation of GCAC. • I could be tempted to favor the interests of GCAC over the City’s. • My exercise of independent judgment may be impaired.
• I may not be able to present the appropriate position, claims, or defenses for the City in order to avoid taking adverse positions to GCAC.
• I may be restricted from forcefully advocating a position of the City’s out of a concern of alienating the GCAC.
• I may be forced to withdraw from representing either or both the City and GCAC because of disputes or further conflicts of interest which could increase either or both the City’s and GCAC’s attorney's fees and costs.
• There may be an appearance of impropriety in my representation of both the City and GCAC simultaneously.

Notwithstanding the foregoing possibilities, I sincerely believe and confidential assert, that I can adequately mitigate any risks of these consequences, especially since the particular legal services to be provided to GCAC are for the purposes of assisting it to increase its capacity so as to better enable it to meet its mission statement of helping the City, so it is unlikely that the interests of the City and GCAC will diverge as a result of my provision of legal services to either (or both) parties. Moreover, I am providing my services to GCAC without charge, so there is little or no potential for a financial conflict of interest arising out of my representation of GCAC. I am also not seeking nor expecting to continue working for GCAC, with or without compensation, once its capacity has been increased and it is able to retain and pay for other legal counsel. Although the City Council provided $10,000 in startup funds to GCAC, that funding is needed to enhance and expand its capacity so it can achieve its mission, and spending these limited funds on attorney’s fees would undermine this purpose.

Consent to the Representation:

Having been advised of the potential for a conflict of interest to arise out of my representing GCAC while at the same time serving as the City Attorney for the City of Guadalupe, I require the City Council’s consent before I can commence providing any legal services to GCAC.

If you are willing to grant your consent to my representation of GCAC, you will need to approve this by a majority vote of the full City Council. Although not legally required, I am requesting that the Council approve a resolution for this action.

The Council’s vote as reflected in a resolution will constitute an acknowledgment of full disclosure in compliance with the requirements of Rule 1.7 of the California Rules of Professional Conduct previously quoted in this letter.

Please be advised that this consent will not waive any protection that the City has with regard to attorney-client communications with me and/or my work product for the City. Those communications and work product will remain confidential and will not be disclosed to any third party without your consent. Any files (electronic or physical) for each party will be kept separate and there will be no communications regarding the respective representations shared between the parties. In the event that circumstances change, or I become aware of new information that requires a new consent, you will be notified of that fact immediately, and continued representation will be subject to your informed written consent.

Finally, the Council is informed that it is free to seek independent legal counsel at any time before or after approving a conflict waiver and I encourage it to do so prior to adopting Resolution No. 2024-66 if there are any concerns about it.

FISCAL IMPACT:

There will be no cost incurred to the City for any legal services provided to GCAC; however, there may be a slight increase in fees incurred to the City if any the legal services provided to GCAC also require certain actions by the City or result in the need for legal services to the City; however, many of these actions and/or additional legal services might be required of the City even if GCAC has other legal counsel. Accordingly, any impact on the City’s finances arising directly from the provision of legal services to GCAC is expected to be minimal.

ATTACHMENTS:

1. Resolution No. 2024-66

RESOLUTION NO. 2024-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE WAIVING ANY

CONFLICTS OF INTEREST AND AUTHORIZING THE CITY ATTORNEY TO PROVIDE LEGAL

SERVICES AT NO COST TO THE GUADALUPE COMMUNITY ACTION COALITION WHEREAS, the City Council authorized the creation of the Guadalupe Community Action Coalition (GCAC), a nonprofit corporation, including paying attorney fees for this purpose, as well as providing the new nonprofit corporation with a $10,000 forgivable loan to ensure that it had funds to commence its operations; and
WHEREAS, although GCAC has the initial operating funds it obtained from the City of Guadalupe, it has not developed its full capacity and requires guidance in developing this capacity, including legal advice; and
WHEREAS, the City of Guadalupe does not control GCAC, but the City Council is required to approve all board members, and the City Administrator and Director of Finance for the City are designated as the president and treasurer of the board, respectively; and WHEREAS, the mission of the GCAC is “[t]o promote the wellbeing of the community of Guadalupe, in coordination with the City of Guadalupe, with a focus on community needs and economic development,” and therefore, even though the City does not control GCAC, their respective interests will be completely aligned in most, if not all, circumstances; and WHEREAS, the in order to enhance the capacity of GCAC, Philip F. Sinco, the City Attorney for the City of Guadalupe, has offered to provide legal advice and assistance to GCAC at no cost provided that the City Council and GCAC’s board of directors waive any conflicts of interest; and WHEREAS, the City Council understands that Mr. Sinco is willing to provide legal advice and assistance to GCAC at no cost, in part, to eliminate or mitigate potential financial conflicts of interest, but also, because the initial startup funds provided to GCAC by the City of Guadalupe is needed to enhance and expand its capacity to achieve its mission, and spending these limited funds on attorneys’ fees will undermine this purpose; and WHEREAS, California Rules of Professional Conduct, Rule 1.7 provides, among other things, that a lawyer must obtain informed and written consent from a current client prior to accepting representation of another client if there is a significant risk the lawyer’s representation of the current client will be materially limited by the lawyer’s responsibilities to or relationships with another client, a former client or a third person, or by the lawyer’s own interests; and WHEREAS, even if a “significant risk” is not present, a lawyer shall not represent another client without written disclosure of the relationship to the current client and representation of another client is permitted only if the lawyer: (1) reasonably believes that he or she will be able to provide competent and diligent representation to each affected client; (2) the representation is not ATTACHMENT 1

prohibited by law; and (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
WHEREAS, Mr. Sinco has made the required disclosures under, and has otherwise fully complied, with Rule 1.7; and
WHEREAS, the City Council believes that there is not a “significant risk” of any conflicts of interest that might arise from Mr. Sinco’s representation of GCAC because the City’s interest and GCAC’s interest are expected to be aligned and because Mr. Sinco will not be receiving any compensation from his representation of GCAC; and
WHEREAS, the City Council wishes to support GCAC’s goal of increasing its capacity, which is also in the City’s interest.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Guadalupe as follows:

SECTION 1: That the foregoing recitals are true and correct.

SECTION 2: That the staff report for this item constitutes the written disclosure required by California Rules of Professional Conduct, Rule 1.7 from City Attorney Philip F. Sinco to the City of Guadalupe.

SECTION 3: That the City Council, on behalf of the City of Guadalupe, hereby waives any conflicts of interest that may arise as a result of Mr. Sinco’s representation of and providing legal services to GCAC, and authorizes Mr. Sinco to accept representation of GCAC without compensation.

SECTION 4: That the City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at the regular meeting on the 12th day of November 2024 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-66, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 12, 2024, and that same was approved and adopted.

ATTEST:
___________________________________ ______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
___________________________________
Philip F. Sinco, City Attorney