Agenda packet — Hanford City Council, July 19, 2022 (part 1 of 2)

July 19, 2022
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.

4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

ROLL CALL BY THE CITY CLERK:

PUBLIC COMMENT:

Comments from the public are limited to items listed on the agenda (GC 54954.3a). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

STUDY SESSION:

A. KCAG Kings Regional Vision Presentation
B. Refuse Rate Study Analysis Presentation
C. Water Conservation Update Presentation
CLOSED SESSION FOR DISCUSSION FOR THE FOLLOWING:

A. CONFERENCE WITH LEGAL COUNSEL-LABOR NEGOTIATIONS (GC 54957.6):

Agency Designated Representatives: Che Johnson, Mario Cifuentez, Sarah Cardoza, Chris Tavarez, and Brenda Garcia.

Employee Organizations: Hanford Police Officers Association (POA); Hanford Firefighters; Local 3898 (IAFF); Hanford General Employees Managem ent Association (GEMA); Service Council Members will meet in-person in the Council
Chambers. The meeting will also be lived streamed on the City’s website: http://livestream.hanford.city/

Employees International Union Local 521 (SEIU); and Executive Manage ment Employees Association (EMEA).

B. CONFERENCE WITH LEGAL COUNSEL - PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC 54957 (b)(1)):

Title: City Manager
C. CONFERENCE WITH LEGAL COUNSEL- REAL PROPERTY NEGOTIATIONS (GC 54956.8):

Property: APN 012-086-004
Agency Negotiators: Mario Cifuentez and Ty Mizote
Negotiating Party: Anand Investments, LLC
D. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (GC 54956.9 (d)(1)):

Helena v. City of Hanford
Kings County Case No. 17C0102

Darlene Mata v. City of Hanford
Kings County Case No. 22C0077
E. CONFERENCE WITH LEGAL COUNSEL - ANITICIPATED LITIGATION (GC 54956.9(d)(2)):

Litigation threatened over development project site plan.

CALL TO ORDER REGULAR SESSION:

ROLL CALL:

INVOCATION:

Pastor Mark Curts
FLAG SALUTE:

RECOGNITIONS/PROCLAMATIONS:

A. Recognition of the 2022 West Side Scholarship Recipients B. PAL Boxers Recognition and the acceptance of a donation from Craig Johnson COUNCIL GENERAL REPORTS:

Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).

PUBLIC COMMENT:

This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. City Clerk: Denial of a claim for damages a nd authorization for the City Clerk to send out notification of such to Meghan Verheul.

C. City Clerk: Denial of a claim fo r damages and authorization for the City Clerk to send out notification of such to Ricky Williams.

D. City Clerk: Approval of the Minutes of the March 1, 2022 Meeting E. Administration: Approval of Memorandum of Understanding (MOU) with the General Employees Management Association (GEMA).

F. Administration: Approval of Compensation and Benefit Summary with the Executive Management Employees Association (EMEA).

G. Administration: Approval of Memorandum of Understanding (MOU) with the Hanford Professional FireFighters (HPFF).

H. City Attorney: Adoption of Resolution 22 -32-R declaring the City -owned parking located immediately west of the C omfort Inn on Sixth Street (southeast corner of Sixth and Redington Streets) to be surplus property; and adopt Notice of Ex emption 2021-58, which determines that sale of the lots is exempt from environmental review.

I. Parks and Community Services: Appropriation of an additional $23,352 in Park Impact Fee funds for the closeout of the Hidden Valley Park Fitness Court Installation Project J. Police: Adoption of Resolution No. 22 -31-R, authorizing the acceptance of an award of $68,548 in grant funding from th e California Highway Patrol for DUI enforcement and retroactively authorize the Police Chief to execute the Agreement.

K. Public Works: Approve Purchase Orders with Badasci Tire Co., Inc., for the amount of $123,160.00 and Delray Tire and Retreading, Inc. , for the amount of $110,320.00 for tire replacements and repairs on all City vehicles and equipment.

L. Public Works: App rove Purchase Orders with Buford Oil Company in the amount of $100,000, Kings Pertoleum, LLC, in the amount of $616,070 and Silvas Oi l Co., Inc., in the amount of $160,000, for diesel and unleaded fuels for use on all City vehicles and equipment.

M. Public Works: Approve a Purchase Order with UNIVAR Solutions, the amount of $226,000, for liquid chlorine used as a disinfectant for the City's water quality.

N. Public Works: Approve Purchase Order with Ennis Paint, Inc., in the amount of $79,110.00, for traffic paint for use on all City streets.

O. Public Works: Authorization to reject all bids and Re -Advertise the Bonnyview Basin - Sand Slough Basin Project
P. Public Works: Approval of a Purchase Order with Telstar, Inc. in the amount of $172,500 for instrumentation services.

Q. Public Works: Approve a Purchase Order with Fruit Growers Laboratory in the amount of $80,000 for analytical testing and related services.

R. Public Works: Authorization to establish a blanket purchase order (BPO) with Zenner Performance Meters for the purchase of replacement water meters and related equipment in an amount not to exceed $300,000.

S. Public Wo rks: Approve a Purchase Order with Thatch er in the amount of $220,000 for bulk chlorine in cylinders to be used at the City's wastewater treatment plant.

PUBLIC HEARINGS:

A. Parks and Community Services: Public Hearing to Adopt Resolution 22 -30-R, approvi ng the Annual Engineer's Report and Intention to Levy and Collect Assessments as outlined, pursuant to Chapter 3 of the Landscape and Lighting Act of 1972, and approve the increases in assessments as proposed.

GENERAL BUSINESS:

A. Public Works: Approval of the addition of the Grangeville Blvd. Gr ade Separation Project to the FY 22/23 Capital Improvement Project list and Appropriation of $50,000 from Accumulated Capital Outlay Reserves to fund the project.

B. Public Works: Authorization of a Sole -Source Purchase of four (4) 2022 Dodge Durango Pursu it vehicles from Wondries Fleet Group, of Watsonville, Ca., in the amount of $179,096.38, Approve the contract with Cooks communications for vehicle upfitting for $93,143.84; authorize an additional appropriation o f $123,630.22 from the Accumulated Capital Outlay Reserve Funds; and declare four patrol units as surplus.

C. Public Works: Authorization to Award a contract to Nick Champi Enterprises of Hanford Ca, in the amount of $424,531.00 (This includes the add alt ernate), establish construction contingenc y of $25,736.60 and approve an additional appropriation of $211,267.70 from the Accumulated Capital Outlay Fund in order to fully fund The Police Activities League Parking Lot Project COUNCIL COMMENTS AND COMMUNICATION :

At this time, any Council Member m ay ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may request staff to report back to the Council at a s ubsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (GOV. CODE SEC. 54954.2)
Council Future Agenda Items
Upcoming Events and Important Dates:

August 2: Regular City Council Meeting
August 12: Last day to file Nomination Papers with the City Clerk, 5:00 p.m. deadline August 16: Regular City Council Meeting
August 17: Last day to file Nomination Paper during the Extension Period, 5:00 p.m. deadline ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting.

If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II}

AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: B

SUBJECT:

City Clerk: Denial of a claim for damages and authorization for the City Clerk to send out notification of such to Meghan Verheul.

RECOMMENDATION:

That the City Council, by motion, approve the denial of the claim and authorize the City Clerk to send out notification of such to the claimant.

BACKGROUND:

A claim for damages against the City was received by the following claimant: Meghan Verhaul.

After review by the Third Party Administrator, it was determined that the claim should be rejected due to the claimant filing a claim on behalf of the registered owner of the vehicle.

Accordingly, it is the City Manager's decision to act in accordance with the recommendation of the Administrator to deny the claim.

FISCAL IMPACT:

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: C

SUBJECT:

City Clerk: Denial of a claim for damages and authorization for the City Clerk to send out notification of such to Ricky Williams.

RECOMMENDATION:

That the City Council, by motion, approve the denial of the claim and authorize the City Clerk to send out notification of such to the claimant.

BACKGROUND:

A claim for damages against the City was received by the following claimant: Ricky Williams.

After review by the Third Party Administrator, it was determined that City had no prior notice of the dangerous condition that caused the claimed damages.

Accordingly, it is the City Manager's decision to act in accordance with the recommendation of the Administrator to deny the claim.

FISCAL IMPACT:

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: D

SUBJECT:

City Clerk: Approval of the Minutes of the March 1, 2022 Meeting

Recommendation:

Approve the minutes of the March 1, 2022 Meeting.

FISCAL IMPACT:

ATTACHMENTS:

3.1.2022

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CITY COUNCIL MEETING

MINUTES
March 1, 2022 7:00 PM
Council Chambers
400 N. Douty St.
4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

Mayor Sharp called the study session and closed session to order at 4:00 p.m.

ROLL CALL BY THE CITY CLERK :

Diane Sharp, Kalish Morrow, Art Brieno, Amanda Saltray

Late: Francisco Ramirez
PUBLIC COMMENT :

This is the time for citizens to comment on subject matters not on the agenda within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. Comments related to Public Hearing items will be heard at the time the item is discussed.

A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

None.

STUDY SESSION :

Discussion and direction on modifications to Section 13.12 of the Municipal Code relating to compliance with SB 1383.

Public Works Director John Doyel and Public Works Deputy Director Jim Ross presented the Solid Waste ordinance. Staff discussed the significant changes and additions made to comply with State mandates for the Council's review and direction. Staff also discussed the recycling requirements of both commercial and residential customers, timelines, enfor cement, fines, and community outreach. Staff addressed questions and concerns from the Council. After a brief di scussion, the Council directed staff to move forward with the presented changes. Staff will present the ordinance at a future meeting for the Council’s review and approval.

The Council convened to closed session at 5:08 p.m.

CLOSED SESSION FOR THE DICUSSION OF THE FOLLOWING :

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Attachment: 3.1.2022 (Clerk: 3.1.2022 Minutes)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC 54956.9 (d)(1):

Bradley Glen-Smith v. City of Hanford
Kings County Case No. 21C0037

Helena v. City of Hanford
Kings County Case No. 17C0102

Paula Lofgren v. City of Hanford
Kings County Case No. 21C0188

McLemore, et al. v. City of Hanford
Kings County Case No. 21C0023

Mendoza, et al. v. City of Hanford, Fabian Avalos
Eastern District of California Case No. 1:21-cv-00721

Luis Ortiz Alonzo v. City of Hanford, Ruben Cano
Kings County Case No. 21C0396

Nathaniel Rodriguez v. City of Hanford
Kings County Case No. 21C0172

David Ponce v. City of Hanford
Eastern District of California Case No. 1:21-cv-01045
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (GC 54956.9 (d)(2)):

Threatened litigation regarding zoning and land use matter

Claim filed by Darlene Mata dated January 6, 2021
CALL TO ORDER REGULAR SESSION:

Mayor Sharp called the meeting to order at 7:01 pm
ROLL CALL:

Attendee Name Title Status Arrived
Diane Sharp Mayor Present 3:45 PM
Art Brieno Council Member Present 3:59 PM
Kalish Morrow Vice Mayor Present 3:52 PM
Amanda Saltray Council Member Present 3:58 PM
Francisco Ramirez Council Member Present 4:12 PM

INVOCATION:

The invocation was led by Rev. Robert Lee Hayden, Sr.

FLAG SALUTE:

The flag salute was led by Angie Dow.

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Attachment: 3.1.2022 (Clerk: 3.1.2022 Minutes)
CLOSED SESSION ACTION REPORT:

No action was taken.

City Attorney Ty Mizote took this time to address the public in attendance regarding public comments on the Northstar project matter.

COUNCIL REPORTS/GENERAL REPORTS:

Brief information -only reports from City Co uncil and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).

Council Members Ramirez and Brieno and Vice Mayor Morrow had nothing to report.

Council Member Saltray attended an event at the Carnegie Museum.

Mayor Sharp discussed the meetings she attended.

City Manager Cifuentez discussed meeting he attended provided departmental updates.

PUBLIC COMMENT:

A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

This is the time for citizens to comment on subject matt ers within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that me mbers of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

Rose Shapley commented on the Northstar project design and offered her suggestions. She also commented on the COVID-19 Vaccines.

Jim Nelson spoke in opposition of the North star project . He also comme nted on the city ’s project approval processes. Mr. Nelson asked Mayor Sharp to step down from her position as the Mayor.

Christine Leach commented on the Northtar project. She shared some the publics feedback that she received. She also provided the Council with pictures accumulated from anonymous downtown business owners.

Liz Toppan expressed her concerns regarding the finding s in her public records request . She also shared her concerns regarding the future occupants of the units in the Northstar project.

Jessica (did not provide a last name) commented on the information provided by the developers of the North star Project and expressed her concerns regarding future staff of the facility.

Larry Faria expressed his concerns about the Council members who support the Northstar project. He also spoke in favor of a Council reorganization to remove Diane Sharp as Mayor.

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Attachment: 3.1.2022 (Clerk: 3.1.2022 Minutes)
Dr. Robert Hudson expressed his concerns regarding the Northstar Project. He also asked the Council; how can we the current project issues be mitigated?

Lynn Nelson questioned the zoning of the Northstar project and expressed her concerns.

Chris Jordan shared his background and commented on the Northstar project . He expressed his concerns for the safety of the community.

Bob Ramos suggested a Council reorganization and expressed his concerns regarding Mayor Sharp’s actions.

Emily Burnias responded to the public comment made regarding District D and spoke in support of the Northstar project. She also invited the Council and public to an upcoming event.

John Darpli commented on the Northstar project and the town hall meeting. He expressed his concerns regarding the Mayor's actions during the town hall meeting. He also suggested a Council reo rganization to remove Diane Sharp from the Mayor position.

Lou Martinez emphasized the importance of the public comments period.

Lana Grigsby expressed her concerns regarding the NorthStar project.

City Attorney Ty Mizote discussed zoning and land use inf ormation and addressed public comments regarding the density bonus. He also discussed the process of the city’s site plan review.

Mayor Sharp convened to the scheduled public Hearing at 8:00 p.m. and the public comment period was reopened at 8:48 p.m.

Liz Toppan questioned the density bonus of the Northstar project.

Lynn Nelson suggested a better location for the Northstar project.

Rochelle Hill would like to know why the Council was not aware of the Northstar project.

Liz Toppan, Bob Ramos, and Rochelle Hill shared their con cerns regarding the process and approval of the Northstar Project.

City Attorney Mizote and City Manager Cifuentez addressed some of the public comments and questions.

Mayor Sharp closed the public comment period at 9:03 p.m.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one motion.

There will be no separate discussion of these matters unless a re quest is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

Mayor Sharp pulled items B and C and Council Member Brieno pulled Item G.

Motion to approve the consent calendar except for the items pulled for separate consideration.

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Attachment: 3.1.2022 (Clerk: 3.1.2022 Minutes)
RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Vice Mayor
SECONDER: Francisco Ramirez, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. City Clerk: Approval of the Minutes of the August 4, 2021 Special Meeting C. Administration: Authorization for the City Manager to approve an annual Professional Services Agreement with Thorn Run for federal legislative advocacy services, effective March 1, 2022 through Dec. 31, 2022, for a monthly fee of $5,000.

D. Administration: Approval of a Le tter of Support to the California State Transportation Agency (CalSTA) for the Tulare/Kings Cross -Valley Corridor (CVC) Zero -Emission Bus (ZEB) Expansion project (PHASE 1).

E. Public Works: Adoptio n of Resolution 22 -07-R authorizing submittal of Notice of Intent t o Comply with the requirements of SB 1383.

F. Public Works: Approval of Resolution 22-08-R authorizing submittal of applications for payment programs and related authorizations as required by the California Department of Resources Recycling and Recovery (CalRecycle).

G. Public Works: Dedication of street right-of-way to the State Department of Transportation for the roundabout right-of-way on Highway 43 at Lacey Boulevard H. Public Works: Ap proval of the Purchase of a 2023 Peterbilt/Heil 27yd rear l oader refuse truck from E.M. Tharp Inc., of Porterville, Ca., in the amount of $307,454.94 as replacement of a 200 8 20yd rear loader truck; Authorization of an additional appropriation of $61,454.9 4 from Refuse Capital Reserve Funds to cover the cost of the purchase; and declare the 2008 unit as surplus.

Pulled items:

RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Vice Mayor
SECONDER: Francisco Ramirez, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez

1. City Clerk: Approval of the Minutes of the July 20, 2021, Meeting [Item B]

Pulled by Mayor Sharp.

Motion to approve as amended.

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Attachment: 3.1.2022 (Clerk: 3.1.2022 Minutes)
RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Vice Mayor
SECONDER: Francisco Ramirez, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez

2. City Clerk: Approval of the Minutes of the August 3, 2021, Meeting [Item C]

Pulled by Mayor Sharp.

Motion to approve as amended.

RESULT: APPROVED [UNANIMOUS]
MOVER: Art Brieno, Council Member
SECONDER: Francisco Ramirez, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez

3. Public Works: Authorization to Advertise for Bids for the FY 21/22 Reclamite Seal Treatment Project and pre -authorize the City Manager to award and execute the cont ract on behalf of the City to the lowest responsible bidder providing project bid is within current budget appropriation.
[Item G]

Pulled by Council Member Brieno.

Public Works Director John Doyel answered questions from Council Member Brieno.

Motion to approve.
8:00 PM PUBLIC HEARINGS:

A. Clerk: Conduct the Third Public Hearing to Receive and Update on the Redistricting Process; Review Draft Maps that were received; an d Receive input from the community regarding the redrawing of City Council District Boundaries
Mayor Sharp opened the public hear ing at 8:01 p.m. and called for the staff report. Best Best and Krieger (BB&K) Consultant Tyler Anthony provided the background , rules and goals of the Redistricting Process. He presented draft maps drawn by BB &K and the p ublic. M r. Anthony and City Manager Cifuentez answered questions regarding the deviation from the Council Member Brieno.

Mayor Sharp opened the public comment period at 8:27 p.m.

Rebecca Belle questioned the redistricting process.

Man (did not provide his name) commented on the importance of majority/minority districts and protecting the interest of the city. He asked for the consultant’s map recommendation.

Emily Burnias shared her concerns regarding the voting cycle.

Lou Martinez commented on Gerrymandering.

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Attachment: 3.1.2022 (Clerk: 3.1.2022 Minutes)
Liz Toppan and Travis Paden questioned the census data.

Mr. Anthony addressed the public’s questions and comments.

Mayor Sharp closed the public comment period at 8:44 p.m.

Vice Mayor Morrow , Council Members Ramirez and B rieno spoke in support of map options 1 and 2 and requested adjustments to include two majority-minority districts.

Council Member Saltray spoke in support of map option 1.

Mayor Sharp spoke in support of map option 2.

Mayor Sharp closed the public hearing at 8:47 p.m.

GENERAL BUSINESS:

A. Adoption of Resolution Nos. 22 -04-R and 22 -05-R, establishing community facilities, district goals, and policies and stating the Council’s intention to form Community Facilities District 2022-01 (Live Oak).

City Attorney Ty Mizote discussed the adoption of Resolution N os. 22 -04-R and 22 -05-R, establishing community facilities, district goals, and policies and stating the Council’s i ntention to form Community Facilities District 2022-01 and invited questions from the Council.

Motion to approve Resolution 22-04-R
RESULT: APPROVED [UNANIMOUS]
MOVER: Francisco Ramirez, Council Member
SECONDER: Amanda Saltray, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez

Motion to approve Resolution 22-05-R
RESULT: APPROVED [UNANIMOUS]
MOVER: Amanda Saltray, Council Member
SECONDER: Art Brieno, Council Member
AYES: Sharp, Brieno, Morrow, Saltray, Ramirez
COUNCIL COMMENTS AND COMMUNICATIONS:

At this time, any Council Member may ask a question for clarification, mak e an announcement, or report briefly on their activities. In addition, subject to Council Polices and Procedures, they may request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a m atter of business on a future agenda (GOV. CODE. 54954.2)

Mayor Sharp discussed meetings and activities she participated in. She also addressed the comments made regarding a Council reorganization.

Council Membe r Ramirez shar ed his experience in the Ma yor position and expressed his concerns regarding Ms.

Sharp’s actions during her time as Mayor. It was the consensus of the Council to conduct a Council reorganization at the next regular City Council Meeting.

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Attachment: 3.1.2022 (Clerk: 3.1.2022 Minutes)
ADJOURNMENT:

Mayor Sharp adjourned the meeting at 9:18 p.m.

Respectfully submitted,

Natalie Corral
City Clerk

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Attachment: 3.1.2022 (Clerk: 3.1.2022 Minutes)

AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: E

SUBJECT:

Administration: Approval of Memorandum of Understanding (MOU) with the General Employees Management Association (GEMA).

RECOMMENDATION:

That the City Council, by motion, approve the attached Memorandum of Understanding (MOU) and authorize administration to amend all other documents as may be necessary to implement said negotiated changes.

BACKGROUND:

The City of Hanford and the Ge neral Employees Management Association (GEMA) have negotiated over the past two months and, within the scope of the Meyers -Milias Brown Act, City representatives have concluded labor negotiations with the General Employees Management Association (GEMA) that resulted in a fair and equitable compensation increase that was within the City’s financial ability to provide. City representatives and GEMA have reached an agreement restating current benefits as well as agreeing on multiple amendments pertaining to wages, benefits and working conditions.

The following terms and conditions were ultimately agreed upon:

Term: Three years (July 1, 2022 through June 30, 2025).

Wages:

Using seven (7) comparable agencies (Delano, Dinuba, Madera, Merced, Porterville, Tulare , and Visalia) following will be provided:

Year One - $1,000 stipend and median of market placement or internal alignment (if applicable) plus 2% effective the first full pay period after formally approved by City Council. Job classifications that are mor e than five percent (5%) above the median or above the internal alignment recommendation will not receive a two percent (2%) increase. The job classification of Recreation Supervisor and Fleet Supervisor will be assigned to the next salary range (from Rang e 90 to Range

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91).

Year Two - Additional two percent (2%) increase effective the first full pay-period in July 2023.

Year Three - Additional two percent (2%) increase effective the first full pay-period in July 2024.

A new salary schedule has been created which encompasses a one percent (1%) difference between each range.

Management Leave: Amend section to remove the Management Leave benefit for non -exempt employees effective upon agreement approved by City Council. Any current employee who is considered non-exempt and moving to an exempt status due to their increase in salary will be provided their benefit less any overtime or compensatory time earned between PP001 and the pay-period that agreement has been approved by City Council. Furthermore, effective January 1, 2023, the number of hours available for exempt employees shall be increased from 62.4 to 64.

Uniform Allowance: Scope and parameters of the uniform allowance program will be reviewed by GEMA board and City representatives. Any updates made w ill be done via side letter agreement.

Tuition Reimbursement Amend Administrative Regulation to allow up to $5,000 per fiscal year for courses taken to obtain a bachelor’s, master’s, or doctoral degree only (no training/certificate course work).

Cell Phon e Reimbursement: Amend Administrative Regulation to reflect a Technology Reimbursement policy providing $100/month for cell phone/internet reimbursement and maintain $50/month for cell phone reimbursement.

Life Insurance: Amend section to increase life in surance premium from $50,000 to an amount not to exceed $100,000 effective January 1, 2023 and eliminate cost sharing for first $20,000 voluntary Life/AD&D insurance.

Bereavement Leave: Amend section to specifically outline applicable relatives.

Health Insurance: Amend section to reflect current plans.

Sick Leave: Amend section to state sick leave shall be taken in 15-minute increments.

Holidays: Amend holidays list to observe Christmas Eve and New Year's Eve (currently employees work one or the other) an d add one additional floating holiday (to observe Juneteenth).

Side Letter Agreements: Incorporate all side letter agreements previously reached with GEMA into their MOU.

Reopener: During the term of the agreement, GEMA and the City shall have the righ t to re - open negotiations on the subject of salary.

The same level of benefits afforded to GEMA will also be provided to Human Resources Manager, as an employee of the same management level but designated as unrepresented.

FISCAL IMPACT:

Year 1: Approximate total $115,000 ($47,000 from General Fund) Year 2: Approximate total $42,000
Year 3: Approximate total $42,000

ATTACHMENTS:

GEMA MOU 2022 Final

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Memorandum of Understanding
between
City of Hanford
and
General Employees Management Association

Last Revised: 06/27/2022
July 1, 2022 to June 30, 2025

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) ii

This page was intentionally left blank

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) iii

TABLE OF CONTENTS

SECTION 1

1.01 Preamble………………………………………………………..... 1

1.02 Recognition...................................................................................... 1

1.03 Purpose............................................................................................. 1

1.04 City Rights....................................................................................... 1

1.05 Maintenance of Operations.............................................................. 2

SECTION 2

2.01 Wages and Direct Deposit………………………………………... 3

2.02 Standard Work Period…………….................................................. 3

2.03 Management Leave………............................................................ 3

2.04 Overtime…………....................................................................... 4

2.05 Holidays……………....................................................................... 5

2.06 Vacation………………………………………………………....... 6

2.07 Sick Leave…………………………………………….................... 8

2.08 [Reserved]........................................................................................ 11

2.09 Bereavement Leave……………………………….......................... 11

2.10 [Reserved]........................................................................................ 11

2.11 Tuition Reimbursement…………………………………………... 12

2.12 Certificate Pay……………………………...................................... 12

2.13 Mileage Reimbursement………….................................................. 12

2.14 Uniforms……………………………………………...................... 12

2.15 Health Insurance…………………………….................................. 13

2.16 [Reserved]........................................................................................ 14

2.17 Retirement………………………………........................................ 14

2.18 [Reserved]........................................................................................ 14

2.19 Dues Deduction…………………………….................................... 14

2.20 Bilingual Pay………………………………………….................... 14

2.21 -2.31 [Reserved]........................................................................................ 14

2.32 Acting Pay 14

2.33 Working out of Classification…………………………….............. 15

2.34 Safety Glasses…………………………………………………….. 15

2.35 Probationary Period……………………………………………..... 16

2.36 State Disability Insurance…………………………….................... 17

2.37 Class A and B Licenses………………………………................... 17

2.38 Jury Duty……………………………………………….................. 17

2.39 Military Leave.................................................................................. 17

2.40 Leave to Vote................................................................................... 17

2.41 Life Insurance.................................................................................. 18

2.42 [Reserved]........................................................................................ 18

2.43 Flexible Spending and Voluntary Benefit Plan............................... 18

2.44 GEMA/Management Meetings........................................................ 18

2.45 [Reserved]........................................................................................ 18

2.46 Pregnancy Disability Leave............................................................. 18

2.47 Family and Medical Leave.............................................................. 18

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) iv

2.48- 2.65 [Reserved]........................................................................................ 18

2.66 Per Diem.......................................................................................... 19

2.67 -2.78 [Reserved]........................................................................................ 19

2.79 Longevity Pay…………………………………………………….. 19

2.80 Deferred Compensation…………………………………………... 19

SECTION 3

3.01 Disciplinary Action………………………………………….......... 20

SECTION 4

4.01 Grievance Procedures...................................................................... 26

SECTION 5

5.01 Release and Discipline of Probationer............................................. 28

SECTION 6

6.01 Conclusiveness……......................................................................... 29

6.02 Accumulation/Vesting……............................................................. 29

6.03 Savings Clause………………………………………………......... 29

6.04 Non-Discrimination…………………………................................. 30

6.05 Reopener …………………………………………………………. 30

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 1 SECTION 1

1.01 Preamble

The following constitutes a Memorandum of Understanding (“MOU”) between the City of Hanford (“City”) and General Employees Management Association, (“GEMA”) as a result of meeting and conferring in good faith concerning wages, hours and other terms and conditions of employment.

1.02 Recognition

Under the terms of Chapter 12 of the Merit Systems Rules and Regulations, the City formally recognizes the GEMA as the recognized employee organization for the Hanford General Employees Management Association.

1.03 Purpose

It is the purpose of this MOU to promote and provide for h armonious relations, cooperation and understanding between the City and the employees covered herein and to provide an orderly and equitable means of resolving any misunderstandi ng or difference s which may arise regarding wages, hours and other terms and conditions of employment.

1.04 City Rights

Notwithstanding any provision of this agreement, nothing contained herein shall restrict or obstruct the inherent or legal rights of the City as they relate to its general legislative process.

These rights include, but are not limited to:

A. Determining the goals, objectives and mission of the City’s departments, offices, committees or commissions;

B. Establishing standards of selecting City personnel;

C. Implementing and executing standards of continued employment with the City;

D. Identifying the work to be performed and allocating such work to City personnel;

E. Directing its personnel and administering discipline;

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 2 F. Relieving its personnel from duty;
G. Undertaking all necessary actions during emergencies; H. Discharging, suspend ing, demot ing, reduc ing in pay, reprimand ing, withholding salary increases and benefits, or otherwise disciplining employees subject to the requirements of this MOU and City rules and regulations;

I. Laying-off employees;

J. The City reserves the right to di rect employees, includin g scheduling and assigning work, work hours and overtime.

1.05 Maintenance of Operations

For the term of this MOU neither the GEMA nor any person acti ng in its behalf, will c ause, authorize, engage in, nor will any of the member s of the GEMA take part in a strike against the City, a work stoppage , slow down , picketing or concerted failure to report for d uty, or unauthorized absence or abstinenc e from the full and faithful performance of their duties of employment, including compliance with the request of other labor organizations or bargaining units to engage in such a ctivities. This is not to mean that GEMA or GEMA members are waiving any rights as to protection of personal safety as they may pertain to refusal to cross the picket lines of another public employee organization on strike, or to informational picketing by employees on their own time.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 3 SECTION 2

2.01 Wages and Direct Deposit

Using seven (7) comparable agencies ( Delano, Dinuba, Madera, Merced, Porterville, Tulare, and Visalia) the following increases will be provided:

Year One –$1,000 s tipend and median of market placement or internal alignment (if applicable) plus 2%. Job classifications that are more than five percent (5%) above the median or above the internal alignment recommendation will not recei ve a two percent (2%) increase.

The job classification of Recreation Supervisor and F leet Supervisor will be assigned to the next salary range (from Range 90 to Range 91).

Year Two – Additional two percent (2%) increase effective the first full pay -period in July 2023.

Year Three – Additional two percent (2%) increase effective the first full pay -period in July 2024.

A new salary schedule has b een created which encompasses a one percent (1%) difference between each range.

All employees will enroll in the City’s direct deposit program.

2.02 Standard Work Period

The standard work day for employees shall be eight (8) hours and the standard work week shall be forty (40) hours to be worked within five (5) consecutive days.

2.03 Management Leave

The City shall provide a Management Leave Plan for exempt employees.

Effective PP001 in 2023 exempt employees s hall receive 6 4 hours of Management Leave which may be taken as time off. An employee may also cash out their Management Leave or convert their pay out to deferred compensatio n by completing the required form and returning it to the Human Resources offi ce in advance of the payroll deadline. Any Management Leav e hours not taken by PP025 will be cashed out in PP026. Under no circumstances shall available Management Leave hours b e carried over t o a new calendar year.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 4 Exempt employees who are hired through out the year will receive a pro -rated amount o f Management Leave hours and shall follow the Management Leave Plan as noted in the paragraph above.

Exempt employees who leave the City of Hanford with Management Leave hours available will be cashed out their balance in their final paycheck.

Effective upon agreement approved by City Council in 2022, non-exempt employees will no longer receive Management Leave. Any non -exempt employees moving to an exempt status shall be provided their Management Leave benefit less any over time or compensatory time earned between PP001 in 2022 and the pay -period that the agreement has been a pproved by City Council.

2.04 Overtime

I. Administration
A. It is the policy of the City that overtime work is to be kept to the minimum consistent with protection of life, property, and the e fficient operation of the departments and activities of the City and that overtime work be compensated for by time off wherever practicable. All work re quiring any employee to work overtime hours must be approved by the Department Head or his/ her designated representative prior to the work being performed, w ith the exception of emergency situations.

B. Overtime shall commence at the time an employee reaches the place where he/she is directed to report and shall continue until he/she is relieved o r the work is completed whichever is the earlier.

II. Compensation
Employees shall receive overtime compensation for hours worked in excess of eight (8) hours per day or forty (40) hours per week at time and one-half (T 1/2) their base hourly rate or time and one-half (T 1/2) compensatory time off at the discretion of the employee.

Non-exempt employees who are working an al ternative work schedule shall receive overtime compensation for hour s worked in excess of nine (9) hours on their assigned nine (9) hour days or eight (8) hours on their assigned eight (8) hour day.

A. Any employee called back to work from scheduled vacatio n shall receive compensation or compensatory time off at their discretion at the rate of time and one -half (T l/2) for all hours worked.

B. "Hours Worked" includes all the time an employee is required to be on duty or on the employer's premises or at the pre scribed work place, and all times which he/she is permitted

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 5 to work for the employer. Vacation, sick leave, or other approve d leave of ab sence time is not considered “hours worked” and is not a part of the workweek for overtime purposes.

Holiday time and compensatory time are considered "hours worked " and is considered a part of the workweek for overtime purposes.

C. In the even t compensator y time off is used as the method of compensation for overtime, the time off will be taken no later than December 15th of each year. In the event the employee is deni ed this provision, he/she will be compensated for such time at the applicable rate of pay. Exceptions to this procedure will be made only upon written authorization of the City Manager.

In case of disaster, s tate of extreme emergency or local peril, the o vertime procedures herein established, shall not be in effect, and compensation procedures will be determined at that time for such conditions.

III. Training
Employees who attend training programs, meetings, lectu res and similar activities outside their regular working hours shall receive overtime compensation if the training meets the following criteria:

A. Training is approved and required by the employee's Department Head.

B. Training is directly related to the employee's present job; and C. Training could not be obtained during the employee's regular working hours.

If an employee, by their own initiative, attends an independent school outside of their regular working hours or work schedule, they shall not receive overti me compensation, even if the courses are related to their job

In order to qualify as exempt, an employee must be paid a sala ry of no less than two tim es the California minimum wage based on a 40-hour work week.

2.05 Holidays

A. Regular Holidays for Pay Purposes - The following holidays are recognized as municipal holidays for pay purposes and all regular and probati onary employees shall have these days off, except as otherwise provided:

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 6 (9) The day after Thanksgiving, the fourth Friday in November (10) Christmas Eve, December 24
(11) Christmas Day, December 25
(12) New Year’s Eve, December 31
(13) Every day appointed by the President of the United States or Govern or of California for public feast, Thanksgiving, or holiday and as approved by the City Council.

B. Employees shall be credited with n ot more than two (2) floating holidays (8 hour block) to be taken no later than December 15th of each calendar year, at the employee's discretion, subject to staffing needs and with the approval of the de partment head. The floating holiday sha ll be capped at eight hours regardless of the year used.

C. When a paid holiday falls on a Saturday, the previous Friday shall be deemed to be the holiday in lieu of the day named. When a holiday falls on Sunday, the following Monday shall be deemed to be the holiday in lieu of the day named.

D. In the event a paid holiday falls within an employee’s vacation period, which would have excused the employee from work and for which no other compensation is made, said holiday shall not be charged as a vacation day.

E. Any employee, other than Police personnel, scheduled to work on a holiday who reports off sick will be charged sick leave at the a ppropriate rate, and the holiday time will be accrued.

F. All Supervisors shall be compensated an additional half time differen tial on holidays worked.

G. Compensation at Termination. Regular employees leaving the municipal service shall be paid for ac crued days in lieu of holidays to the date of termination. Payments for accrue d days in lieu of holidays shall be at the employee's current rate of pay.

2.06 Vacation

A. Eligibility

Employees shall compl ete six (6) months continuous service before using accrued vacation leave. Em ployees shall not work for the City dur ing their vacation.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 7 Employees whose schedule d vacations are interrupted or postponed due to industrial injury shall be rescheduled after such injured employee has returned to duty. No vacation previously scheduled s hall be lost due to an employee exceeding the vacation accrual during an industrial injury leave.

B. Accrual

Vacation will be accrued and credited on a bi-weekly basis at the following rates for continuous service performed in pay status:

(1) From zero (0) through five (5) years:

3.39 hours per bi-weekly pay period, 88 hours annually

(2) From six (6) through ten (10) years:

4.62 hours per bi-weekly pay period, 120 hours annually

(3) From eleven (11) through fifteen (15) years:

5.24 hours per bi-weekly pay period, 136 hours annually

(4) Sixteen (16) or more years:

6.16 hours per bi-weekly pay period, 160 hours annually

C. Limits of Accrual

Such accrual and credit for all employees may not exc eed twice the employee's annual rate of accrual.

D. Buyback

Employees shall be able to cash out accrued vacation at an equal amount of vacation time used in the calendar year, but no more than ten (10) days each year.

E. Compensation at Termination

Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accr ued vacation to the date of termination at the employee’s then hourly rate. Employees who terminate employment with the City and who have less than six (6) month s of continuous service shall not be compensated for accrued vacation.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 8 2.07 Sick Leave

I. Definition/Approved Sick Leave Usage:

A. Sick leave is an absence from duty wh ich may be gr anted by the employer to the employee because of an illness, injury, exposure to a contagious disease, preventative care, illness or injury of a member of the employee’s immediate family requiring the employee’s attendance.

B. To attend a medi cal, dental, or optical appointment if such appo intment cannot be scheduled outside of the employee’s normal work day.

C. To obtain relief or se rvices related to being a victim of domestic violence, sexual assault, or stal king including the following with ap propriate documentation of the need for such services:
a. A temporary restraining order or restraining order; b. Other injunctive relief to help e nsure the health, safety or welfare of the employee or their children;
c. To seek medical attention for injuries caused by dom estic violence, sexual assault or stalking;
d. To obtain services from a domestic violence shelter, program, or rape crisis center a s a result of domestic violence, sexual assault or stalking;
e. To obtain psyc hological counseling related to an e xperience of domestic violence, sexual assault or stalking;
f. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

D. An employee’s immediate family shall consist of the employee’ s: Spouse or registered domestic partner, parent (including step parents), child (including step children), brother, sister, father in -law, mother in -law, brother in -law, sister in -law, aunts, uncles, employe e’s and spous e’s grandparents, grandchildren or any person living in the same household as the employee.

E. An employee may be granted sick leave only in case of actual illness/situation as defined above. In the event that an employee or a member of the employee’s immedi ate family recovers from any such i llness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.

F. Sick leave shall be taken in fifteen (15) minute increments.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 9 G. In order to receive compensation while a bsent on sick leave, an employee shall provide reasonable advance notice to their supervisor of their need to use sick leave if the need is for eseeable (i.e. docto r’s appointme nt scheduled in advance). If the need for sick leave is unforeseeable, includin g an illness sustained while at work, the employee shall provide notice of the need for the leave to their supervisor as soon as possible, pref erably within 1 hour before the t ime established as the beginning of the employee’s work day. In the event that an employee is incapacitated because of illness or injury to the point the emp loyee is unable to contact his/her supervisor, the employee’s designated representati ve (i.e. fami ly member) shall notify the supervisor at the earliest possible moment. Failure to do so without good reason shall result in that day of absence being treate d as leave of absence without pay or cause the employee to use other available and accrued leave.

H. If the employee is absent on sick leave for more than 1 day, the employee shall keep the immediate supervisor informed as to the date the employee expects to return to work.

I. Upon the oral or written request of an employ ee, the City shall p rovide paid sick days for the purposes described in previous sections. The City may request a note from a physician after an employee has been absent longer than three consecutive days or if evidence suggests that an employee is abusin g the City’s sick leave policy.

To accurately track sick leave for those who meet the requirements under Federal and State laws (Family Medical Leave Act and California Family Rights Act), the City may require a physician’s certification for an employee’s own serious health condition or to care for an eligible family member (parent, child, spouse, domestic partner or covered service member).

J. Employees who are on vacation at the time of d eath of an immediate family member as defined above shall be enti tled to substitute b ereavement leave for vacation time, consistent with the existing bereavement leave policy. T he total period of absence from City employment (vacation and bereavement leave) shall not be extended beyond that time initially approved for vacation, without specific Department Head approval. Unused vacation shall be retained by the affected employee in accordance with the existing vacation policy.

K. Supervisors shall have the di scretion to place employees on sick leave when, in the judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees o r where the illness or

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 10 injury of the employee interferes with the performance of such employee’s duties.

L. The City shall not deny an employee t he right to use sick leave, disch arge, threaten to discharge, demote, suspend, or in any manner discriminate agai nst an employee for using, or attempting to exercise the right to use sick lea ve to attend to an illness or the preventative care of a family m ember, or for any other reason specified in sections above.

II. Sick Leave May Not Be Used For:

A. An employee serv ing their initial 90 calendar days of service to the City (unless the employee was rehired within one year of separation, or sustained a work-related injury during their initial 90 days of employment).

B. Sick leave will not be granted to any employee absent from duty during an authorized leave of absence without pay, or any other abs ence from duty not authorized by the City.

C. Sick leave shall not be used in lieu of o r in addition to vacation, unless leave is requested for an immediate death in the family or as otherwise defined in this policy.

D. Absences for illness/medical treatments may not be charged to sick leave yet to be accumulated.

III. Accrual, Accumulation and Separation

A. Regular and probationary employees shall be eligible to accrue sick leave at the rate of 3.69 hours for each bi-weekly pay period.

B. There is no limit on the amo unt of sick leave which can be accumulated and carried over from year to year.

C. Sick leave will be accrued by any employee during the first 90 calendar days of employment. However, only upon the successful completion of 90 days of employment, will the e mployee be entitled to utilize their accrued sick leave (does not apply to employees rehired within one year of separation).

D. Employees granted a leave of absence with pay (inclu ding military leave or other approved leave with pay) shall accrue sick leave as indicated above.

E. Sick leave will not be accrued by an employ ee absent from duty after separation from service or during an authorized leave of absence without pay.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 11 F. Upon retirement under the Public Employees Retirement System, qualifying employees m ay apply unused sick leave as provided under Section 20862.8 and 20965 of the Government Code.

IV. Reimbursement/Reinstatement of Unused Sick Leave

Employees leaving the municipal service shall forfeit all accumulated sick leave unless:
a. Upon retirement under the Public Employees Retirement System, qualifying individual applies unused sick le ave as provid ed under Section 20862.8 and 20965 of the Government Code.
b. The individual is re -hired by the City of Hanford within one year from the date of separation. Prev iously accrued and unused paid sick days shall be reinstated and the employee shall b e entitled to use those previously accrued and unused paid sick days immediately and will acc rue additional paid sick hours in accordance to the section above.
c. The emplo yee resumes employment with the City upon release from active military duty, temporary military leave or other approved leave of absence.

V. Abuse of Sick Leave

Abuse of an employ ee’s sick leave is defined as a claim of entitlement to sick leave when the em ployee does not meet the requirements as defined in Section I. I f an employee is fou nd to be abus ing or misusing their sick leave time, they will be subject to disciplinary action.

2.08 Reserved

2.09 Bereavement Leave
Each regular shall be allowed to use bereav ement leave not to exceed one full work week in the event of death in the employee’s family. For the purpose of this section only, the employee’s family shall mean the spouse, parent, child brother, sister, fath er-in-law, mother- in-law, brother-in-law, sister-in-law, grandparent or a close relative residing in the household of the employee.

2.10 Reserved

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 12 2.11 Tuition Reimbursement

Pursuant to Administrative Regulation 1.13, regular employees are eligible to receiv e tuition reimbursement up to $5,000 per fiscal year for courses taken to obtain a bachelor’s, master’s or doctoral degree only (no training/certificate course work).

2.12 Certificate Pay

The City will implement a five per cent (5%) certification pay for state iss ued licenses or certificates related to the position provided it benefits the job and the City. It is expressly understood that positions and assignments eligible for pay will be determined solely at the discretion of the City Manager. If an y of the cert ificates, licenses and/or registratio ns are identified by the City to be minimum qualifications on the adopted job classifications, premium pay for that particular certificate, license and/or registration shall not be paid.

The City will pay for certification, license, or registration renewa ls currently required by the City as minimum qualifications on th e City’s adopted job classifications or on certifications, licenses and/or registrations approved for Certificate Pay as identified above.

2.13 Mileage Reimbursement

Employees required to use their private automobile for authorized City business shall re ceive mileage reimbursement at the current IRS approved rate.

2.14 Uniforms

The following classifications may be required to wear the “appropriate uniform” as defined by the Department Head, and are responsible for repo rting to work in a clean and neat fashion.

The City shall supply eleven (11) sets of uniforms, and one (1) jacket to each employee in the classification listed below:

1. Streets Supervisor

2. Parks Supervisor

3. Wastewater Treatment Supervisor

4. Utilities Supervisor

5. Refuse Supervisor

6. Fleet Supervisor

7. Sanitary Sewer Collections Supervisor

8. Recycling Coordinator

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 13 The City shall initially supply two (2) hats to those employees in the classifications listed above that want to wear a hat. If a hat is worn on duty, it must be a City hat or a department approved hat. Worn or soiled hats will be replaced on a hat for hat basis as determined by the department head.

The City will purchase a pair of safety shoes on an annual basis for t he employees in the classifications listed above. The City will select a set of approved boots that the employee may choose from.

Within the first month of employment, Administrative Analyst I/II assigned to the Police and Fire Department (unless not required to wear a uniform at the Department Head's discretion), shall be paid an initial $200 uniform allowance for the first year of employment. After the first year of employment, the employee is eligible for a pro -rated uniform allowance based on the number of months remaining in the fiscal year.

An Administrative Analyst I/II a ssigned to the Police and Fire Department (unless not required to wear a uniform at the Department Head's discretion ), shall receive uniform allowances of $800 the fiscal year paid the first full pay period in July.

The scope and parameters of uniforms for GEMA employees will be further reviewed and amended via a side letter agreement.

2.15 Health Insurance

Medical
The City shall offer optional medical plans including but not limited to a PPO, EPO an d/or a high deductible plan with employee sponsored Health Savings Account (HSA), if applicable.

The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary employees, and their dependents, who elect the PPO plan.

Dental
The Cit y shall pay sixty percent (60%) of the total premium cost of all regular and probationary employees, and their dependents, who elect a dental plan.

Vision
The City shall pay one hundred percent (100%) of the total premium cost of all regular and probationary employees who elect an employee only vision plan. The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary emplo yees, who elect a vision plan with dependent coverage.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 14 2.16 Reserved

2.17 Retirement

The City shall provide the three percent (3%) @ 60 retirement plan to miscellane ous employees provided under the California Public Employees (CalPERS) retirement system for those present members of GEMA

Pursuant to state law, miscella neous employees hired after January 1, 2013, shall have a formula of two percent (2%) @ 62.

The employee shall pay the required employee contribution as determined by CalPERS.

2.18 Reserved

2.19 Dues Deduction

It is mutually agreed that the City will, during the term of this MOU, deduct without charge, dues from the pay of those employees who individually provi de written authorization for such dues in an amount certified to be current and correct by the President of GEMA. There shall be no more than one deduction per pay period and th e total of such deductions shall be remitted by the City to GEMA. "Dues" in th is context means any deduction voluntarily authorized by a GEMA member employed by the City.

2.20 Bilingual Pay

The City agrees to compensate el igible GEMA members for utilization of their bilingual skills as determined by the City pursuant to Administrative Regulation 1.12. Eligible employees shall receive a five percent (5%) stipend for the use of their bilingual skills.

2.21 – 2.31 Reserved

2.32 Acting Pay

When an employee is temporarily assigned to a posit ion in a higher classification (employee leaves their current po sition and as sumes the duties and responsibilities of a higher -level classification), they shall have their base s alary adjusted to the base pay for the higher classification at Step 1 or the step that provides them with a minimum of a five -percent (5%) increase commen cing on the eleventh (11th) consecutive business day in a fiscal year.

Designated City holidays shall count towards consecutive business days worked.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 15 If the assignment is to a v acant position currently being recruited for, hours worked shall not exceed 960 hours in a fiscal year in compliance with Government Code 20480.

2.33 Working out of Classification

If an employee is assigned to perform d uties that are dis tinct, separate and normally performed by employees in a different classification (higher or lower) f or more than 51% of their working hours as determined by their immediate super visor, they shall re ceive a five - percent (5%) increase in t heir base salary c ommencing on the eleventh (11th) consecutive business day in a fiscal year. Designated City holidays shall count towards consecutive business days worked.

Working out of class assignment may be discontinued by the supervisor or Departme nt Head at any tim e; however, employees shall not be rotated in and out of working out of class assignments to avoid providing additional compensation.

Working out of classification pay shall not be considered as pa rt of the employee's base pay when computing the rate due upon promotion to a higher classification.

Any working out of classification assignment shall not e xceed six months in a fiscal year unless written approval is received by the City Manager.

Any em ployee who feels they are working out o f cla ssification a nd not receiving compensation for their additional duties may submit supportive documentation to thei r immediate supervisor and Department Head outlining a detailed listing of all duties performed and the amount of time he/she spends on those duties.

If the Department Head and immediate supervisor do not agree that the additional duties meets the criteria for working out of classification compensation, the Department Head shall render his/her decis ion and comments in writing within fift een (15) days afte r receiving the employees request and supportive documentation.

If the employee does not agree with the decision reached, the employee may appeal their decision by presenting th eir supporting docum ents/information to the City Manager. The City Manager shall review and render a decision in writing within twenty (20) calendar days after receiving the employee’s appeal. The decision of the City Manager shall be final.

2.34 Safety Glasses

All non -clerical GEMA members may be provided one pair of prescriptio n safety glasses through American Optical every two (2) years, at a cost not to exceed $60. The City will replace a lens only if broken in the line of duty or upon a doctor's recommendation that the

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 16 current lens presents a safety hazard. Cost of replacement shall not exceed $60 during the two-year period. The employees are responsible for all professional service costs.

2.35 Probationary Period

A. Original Appointments

Any pers on appointed to an authorized position in th e Employee Compensation Plan shall complete a probationa ry period fixed by the Personnel Officer at the time of appointment of at least twelve (12) continuous months, but not more than eighteen (18) continuous months of service. Any original probationary p eriod may be extended one or more times with the approval of the City Manager, for a total probationary period extension not to exceed an additional six (6) months, where the Personnel Officer finds that extraordinary conditions justify such extension.

B. Promotions

The probationary period for all promoted employees shall be fixed by the Personnel Officer at the time of appointment a nd shall be at least six (6) continuous months, but not more than twelve (12) continuous months, of service in the employe e’s new position. Any original probationary period for promoted employees may be extended one or more times with the approval of the City Manager, for a probationary period not to exceed an additional six (6) months, where the Personnel Officer finds that extraordinary conditions justify such extension.

C. Calculation

A probationary period shall date from the time of appointment to a n authorized position in the Employee Compensation Plan. Unpaid l eaves of absence for any reason during the probationary p eriod shall not be counted toward completion of the probationary period.

D. Release and Discipline of Probationer

During the origi nal probationary period, an employee may be released from their position or di sciplined by the City Manager or Department Head at any time and without cause, without any right of appeal or the right to submit a grievance. During the promotional probationary period, and employee may be released from their position by th e City Manage r or Department Head but maintain their seni ority and bumping rights as defined in Section 5 of the Policy.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 17 2.36 State Disability Insurance

State disability insurance is provided, to all employees within this unit at the employee's cost.

State disability insurance payments may be available to employees who cannot work due to sickness or injury not job related. State disability payments shall be integrated with sick leave balances. To the extent that accumulated sick leave or v acation leave is available, the employee will continue t o receive a regular payroll check. State disability insurance payments received by the employee from the State shall be turned in to the City up on receipt by the employee. When such checks are received by the City, that portion of the sick leave or vacation leave used, equivalent to the dollars received from the State, shall be reim bursed to the employee's balances. At such time that the employee no longer has balances to reimburse, the employee is no longer required to submit the State disability payment to the City.

2.37 Class A and B Licenses

For all employees required to maintain Class A an d B licenses, the City shall pay the difference between Class C and B and Class C and A driver's license renewal s as required by the California Department of Motor Vehicles. In addition, the City will continue to pay for DMV physicals for those employees required to have a Class A or Class B driver's license.

2.38 Jury Duty

Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employ ee remits to the City all fees received for such duties other than mileage or subsistence allowance within thirt y (30) days from the termination of his/her jury duty service.

2.39 Military Leave

The City provides military leave consistent with state and/or federal law.

2.40 Leave to Vote

Employees shall be grant ed time off with pay to vote in any general, direct primary, or presidential primary election consistent with state law. Emplo yees desiring such time off ar e required to give the appropriate notice required by state law.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 18 2.41 Life Insurance

The City pays the premi um for a $50,000 group lif e insurance poli cy for employees represented by GEMA. The City also provi des employees an option to purchase additional life insurance at the employee’s expense.

Effective Janua ry 1, 2023, the City will increase the City provided li fe insurance policy (amount to be determined).

2.42 Reserved

2.43 Flexible Spending and Voluntary Benefit Plan

The City agrees to provide a Section 125 plan at no cost to the City.

2.44 GEMA/Management Meetings

Once each quarter, GEMA may request a meeting wit h the applicable Department Head and together or separately with the City Manager on topics other than discipline or grievances.

GEMA shall prepare and distribute an agenda t o all parties at least one week prior to the proposed meeting.

2.45 Reserved

2.46 Pregnancy Disability Leave

The City provides pregnancy disability leave consistent with state and federal law.

2.47 Family and Medical Leave

The City provides family and medical leaves of absence consistent with state and/or federal law.

2.48 – 2.65 Reserved

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 19 2.66 Per Diem

The City shall reimburse GEMA members according to the prov isions outlin ed in the Administrative Regulation 1.05 entitled travel and Meeting Expense Reimbursement Policy.

2.67 – 2.78 Reserved

2.79 Longevity Pay

Active service shall be defined as an employee who is in a continued p ay status and an employee who is on approved leave (including paid or unpaid mil itary leave). Time off for discipline lea ve shall not be time counted towards longevity, but such leave shall not constitute as a break in active service as it relates to longevity.

2.80 Deferred Compensation

Employees covered in this agreement are eligible to receive matched employer contributions for deferred compensation up to $75.00 per pay period.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 20 SECTION 3

3.01 Disciplinary Action

This section shall not apply to Reductions in Force, or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

A. Range of Disciplinary Action

The City shall strive to maintain a system of progressive discipline. However, the final Disciplinary Action imposed will be determined by the seriousness of the offense and any other factors deemed relevant by the Personnel Officer o r Department Head. Nothing stated herein requires the City to impose discipline based on prior discipline or lack thereof.

B. Causes for Disciplinary Action

Causes for disciplinary action against any employee may include, but shall not be limited to, the following:
(1) Fraud in securing appointment;
(2) Neglect of duty, including failure to meet the standards of performance of the employee’s position;
(3) Insubordination, willful disobedience;
(4) Dishonesty, includi ng falsification of City documents or records, or fraud in securing one’s employment;
(5) Drunkenness or intoxication on duty;
(6) Possession, distr ibution, sale or use, or being under the influence o f, illegal drugs while on City property or City business;
(7) Absence without leave;
(8) Conviction of a felony or any crime involving moral turpitude; (9) Discourteous treatment of the public or other em ployees, incl uding physical and verbal harm;
(10) Willful violation of safety, endangering property and/or persons; (11) Misuse, unauthorized use, misappropriation, theft, or sabotage o f City property;
(12) Inefficiency or incompetency;

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 21 (13) Violation of any of provi sions of these Rules, official City pol icies, and/or departmental rules and regulations;
(14) Refusal to take or subscribe to any oath of affirmation which is required by law in connection with City employment;
(15) Any other acts or omissions either durin g or outside of duty hours which are incompatible with or unfavorable to the public service.

C. Notice of Proposed Disciplinary Action – Regular Employees

Written notice of the proposed disciplin e to be impos ed shall be served on a regular employee personally or sent to his/her address of record by Cer tified Mail not less than ten (10) calendar days prior to the date of the prop osed action. If served by Certified Mail, such notice shall be effect ive and constitute receipt by the employee upon depo sit in the United States Post Office. Courtesy copies shall be provided to the union.

D. Such formal notice shall include the following statements:
(1) The nature of the disciplinary action;
(2) The effective date of the penalty;
(3) The causes therefore;
(4) A plain and concise description of the act or omissions upon which the causes are based;
(5) A statement informing the employe e of his/her right to appeal the decision as provided in these Rules;
(6) A copy of the materials upon which the disciplin ary action is based; and
(7) Whether the employee will be placed on Administrative Leave, and for what length of time.

E. Right to Respond – Regular Employees (Skelly Meeting)

Any regular employee shall have the r ight to respond, with union representation, either orally or in writing, to th e authority imposing disciplinary action and have the response conside red prior to the discipline being imposed. Unless o therwise specified in writing by the authority proposing discipline, such a response must be made within ten (10) calendar days after receipt of the written notice of the proposed disciplinary action.

Failure to resp ond within such period constitutes a wa iver of the right to respond. However, failure to respo nd shall not affect the employee’s right to

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 22 appeal the disciplinary action as provided in this Rule. After reviewing the employee’s response, if an y, the author ity imposing discipline shall formally notify the employee in writing of his/her decision to di smiss, modify or impose the proposed discipline.

F. Right of Appeal – Regular Employees

Any regular employee shall have th e right of appeal from any disciplinary action under this Rule. Such appeal must be filed in w riting with the City Manager within five (5) working days of the date of servi ce of the notice of such disciplinary action. Failure to file an appe al within suc h period constitutes a waiver of the right of appeal.

The City Manager or his/her designee s hall conduct a hearing as provided in this Rule, unless otherwise provided in an applicable memorandum of understanding or required by law. Except in the case o f danger to the public well-being, the employee’s safety or other employees’ safety, no discipl ine shall be imposed prior to the completion of the appeals process.

G. Appeal Hearing and Procedures – Regular Employees

(1) Hearing Officer Selection
The employee (or his/her representative) and the City, within five (5) calendar days of the filing of the appeal, shall jointly pick a hearing officer to hear the appeal. If the parties are unable to ag ree on a hearing officer within this time frame, the employee (or his/her representative) and the City shall jointly request a list of names of five (5) neutrals from the California Stat e Mediation and Conciliation Service. Within five (5) calendar days a fter receivin g the list of neutrals, the employee (o r his/her representative) and the City shall select a he aring officer from that list by alternately striking names from the list. The first option to strike shall be determined by lot. (2) Cost of Hearing
The cost of the services of the Hearing Officer shall be split by t he parties unless otherwise required by law.
(3) Scheduling the Hearing
The hearing shall, when pract icable, be he ld within twenty (20) calendar days of the selection of the hearing officer.
(4) Continuance of Hearing

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 23 The hearing officer may continue the hearing either for convenience of the City or upon writt en application of the appellant, for a reasonable period from the receipt of request for extension. Written notice of the time and place of the hearing, and any continuance thereof, sha ll be provided to the appellant.
(5) Conduct of Hearing
Such hearing shall be conducted in accordance with the provisions of Section 11513 et seq. of the Government Code , except that the appellant and other persons may be exa mined as prov ided in Section 19580 of the Government Code, and the parties must submit all proper and competent evidence against, or in support of, the causes. The hearing officer shall determine the need for counsel and the procedures under which the hearing will be conducted. Such procedures shall comply with the state law and the provisions of this Rule. The hearing shall be cl osed except to necessary parties unless the appellant or employee organization requests, in writing, that the hearing be o pen to the general public. All witnesses, except the ap pellant and a City representative, shall be excluded from the open hearing process. (6) Advisory Opinion
The opinion of the hearing officer shall be re ndered within fifteen (15) calendar days of the hearing, or within a reasonable time thereafter, and shall be advisory only to the Cit y Manager. In the event that the discipline was imposed by the City M anager, the h earing officer’s opinion shall instead be advisory to the City Council, which shall make the final decision
Nothing in these Rules shall be construed as to bind the City, Ci ty Manager or City Council, or a Court of law to any opinion of the neutral hearing officer. If subsequent court proceedi ngs are initiated, the decision of the City Manager or C ity Council shall be entitled to a presumption of correctness pursuant to Fukuda v. City of Angels (1999) 20 Cal.4th 805.

H. Decision – Regular Employees

(1) City Manager

The City Manager shall render a written decision within five (5) wo rk days after receiving the advisory opinion of the hearing officer. The City Manager’s decision shall be f inal and conclusive and shall be the findings of the City. A copy of such decision shall be forwarded to the appellant.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 24 (2) City Council

In the event the discipline was imposed by the City Manager, the City Council shall consider the advisory opinion of the hearing officer and shall render a final and conclusive findings of the C ity within fifteen (15) calendar days of the receipt of the hearing of ficer’s advis ory opinion.

(3) Failure of Employee to Appear at the Hearing

Failure of the employee to appear at the hearing shall b e deemed a withdrawal of his/her appeal and the action of the City Man ager or Department Head shall be final.

(4) Representation

The employee must appear in person at the hearing and may be represented by counsel or another representative.

(5) Notice to Witnesses

The City Manager shall cause issuance of subpoenas f or the appearances of witnesses for the employee upon his/her written request and at the employee’s cost consistent with the requirements of Government Code sect ions 11450.05 et seq. The City Manager may require such cost to be prepaid and the same shall be limited to the fee and mileage of witnesses as set forth in Government Code section 11450.40. City employees will be allowed to attend as a witn ess without a loss in compensation.

I. Categories of Discipline

(1) Major Discipline:

(a) Reduction in Salary

The employee is placed at a lower salary step within the current salary range as a result of disciplinary action.

(b) Demotion

The employee is moved from one class to another class having a lower maximum rate of pay as a result of disciplinary action.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 25 Employees placed on Administrative Le ave from muni cipal service shall forfeit all rights, privileges while on such suspension with the exception of salary, and Group Heal th and Life Insurance benefits.

(d) Suspension

Employees suspended from municipal service shall forfeit all rights, privi leges and sal ary while on such suspension with the exception of Group Health and Life Insurance benefits.

(2) Minor Discipline:

(a) Verbal Reprimand

Employees receiving an oral reprimand may have it noted in their departmental record by the Department Head. Oral repri mands are not subject to appeal.

(b) Written Reprimand

Employees receiving a written reprimand shall have a copy of the reprimand fi led in their permanent personnel record for future reference. An empl oyee’s perman ent personnel record is his/her personnel jacket maintained in the Personnel Office, except tha t records for non -sworn Police Department Employees may be maintained in the d epartmental personnel file. Employees who receive written reprimands may attach wr itten responses or rebuttals to the rep rimand which shall also become part of the employee’s of ficial personnel file. Written reprimands are not subject to appeal.

J. Releasing Information

The City will com ply with state laws regarding public di sclosure of disciplinary personnel actions.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 26 SECTION 4

4.01 Grievance Procedures

A. Purpose

This grievance procedure is intended to promote impro ved employer - employee relations by affording employees , individually or through recognized employee organizati ons, a systematic means of obtaining further consideration of workplace issues within the scope of this grievance provision after every other reas onable effort has failed to resolve them. Grievances shall be heard and resolved as quickly, informally, and as near to the point of origin as possible.

B. Definition of Grievance and Matters Subject to Procedure

A “grievance” is an alleged violation or improper application of these R ules, or other official City policies or departmental rules and/or a current memorandum of understanding, affecting the status or working conditio ns of City employees, filed by one or more employees, or GEMA.

Any City employee, or GEMA, shall have the rig ht to present a grievance under this Rule concerning matters for which an appe al or grievance procedure is not otherwise provided, or an appeal or grievance is not otherwise prohibited, under other official City policy or procedure.

C. Informal Grievance Procedure

An employee must first att empt to resolve a grievance or complaint through discussion with his/her immediate supervisor within fifteen (15) calendar days from the date when the grievant knew, or reasonabl y should have known, of the occurrence of the event giving rise to the grievan ce. If, after such discussion, the employee does not believe the pr oblem has been satisfactorily resolved, he/she shall h ave the right to discuss it with his/her supervisor’s immediate superior, if any. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision.

If the emp loyee is not in agreement with the decisi on reached through such discussion, he/she shall then ha ve the right to file a formal grievance in writing within ten (10) calendar da ys after receiving the informal decision of his/her superior or supe riors. An in formal grievance shall not be taken above the Department Head level.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 27 D. Formal Grievance Procedure

The formal grievance procedure after exhaustion of the informa l grievance procedure shall proceed as follows:
(1) Department Review

The grievance shall be presented in writing to the employee’s Department Head who shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. Th e Department Head shall render his/her decision and comm ents in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with the deci sion reached, or if no answer has been rec eived within fifteen (15) calendar days, he/she may pres ent the grievance in writing to the City Manager. Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total of twenty -five (25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.

(2) City Manager Review

Upon receiving the grievance, the City Manager or his/her designated representative shall discuss the gri evance with the employee, his/her representative, if any, and with all other appropriate persons. The City Manager may designate a fa ct-finding committee or an officer not in the normal line of superv ision, to adv ise him/her concerning the grievance. The City Manager shall render a decision in writing to the employee within twenty (20) calendar days after receiving this grievance. The decision of the City Manager shall be final.

(3) Conduct of Grievance Procedure

The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned in writing.

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

Employees shall be free from reprisal for using t he grievance procedure.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 28 SECTION 5

5.01 Release and Discipline of Probationer
If an empl oyee with permanent status is promoted and during the pr omotional probationary period, it is determined that the employee is to be rel eased from that position , the employee shall be entitled to return to his/her former position utilizing the seniority system described in the Policy of Administration for Management and Confidential Employees.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 29 SECTION 6

6.01 Conclusiveness

The provisions expressly stated in this MOU may be altered, changed, added to, deleted from or modified only through the voluntary mutual consent of GEMA and the City in a written and signed amendment to this agreement.

The City and GEMA agree that during the negotiations which resulted in this MOU each had an unlimited right a nd opportunity to make demands and proposals with respect to any subject or mat ter within the scope of representation. Th erefore, during the term of this agreement, neither the City nor GEMA shall be obligated to meet and confer on any matter:

A. Whether or not specifically referred to in this MOU;

B. Whether or not the mat ter was withi n the knowledge or contemplation of either party at the time of negotiations;

C. Whether or not the m atters were proposed and later withdrawn during negotiations.

D. Except that: In order to meet an emergent situation the City may change a written policy affec ting wages, hours and other terms and condi tions of employment which is not specifically set forth in this MOU. The City shall notify GEMA of its intention to so do. If GEMA does not respond within ten (10) calendar days from the date of mai ling of such notification the City shall assume that GEMA does not wish to meet and confer on the change in policy.

In an emergency, the City retains the right to take such action immediat ely.

The GEMA will be offered the opportunity to meet and confer a s soon as practicable.

6.02 Accumulation/Vesting

The City and GEMA agree that nothing contained in this MOU shall be interpreted as to imply or permit the accumulation or vesting of any written or unwritte n employee ri ght or privilege beyond the termination date of this MOU.

6.03 Savings Clause

If any provision of this MOU or any addendum thereto should be held t o be invalid by operation of law or by a tribunal of competent jurisdiction or if compliance or enforcement of any provision should be restrained by such tribunal or the enactmen t of superseding rule, regulation, law or order by any governmental authority other than the City, such provision shall be immediately suspended and be of no force and effect, and the parties shall

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 30 immediately begin the meet and confer process for the purp ose of arriving at a mutually satisfactory replacement for such provision. In validation of a part or portion of this MOU shall not invalidate a ny remaining portions unless those remaining portions we re contingent upon the operations of the invalidated provision.

6.04 Nondiscrimination

Both the City and GEMA agree that they shall not unlawfully discriminate against any employee on the basis of age, race, sex, disability /handicap, creed, color, national origin or ancestry, pregnancy, marital status, medical condition or sexual orientation. Neither the City nor GEMA shall interfere with intimidate, restrain, coerce, or discrimina te against any employee because of the exercise of rights to engage or not engage in lawful GEMA activity.

6.05 Reopener

During the term of this agreement, GEMA and the City shall have the right to re-open negotiations on the subject of salary. Upon a reopener, all other provisions and all other sections of the Memorandum of Understanding shall remain in full force and effect.

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding) 31 Agreed upon June 27, 2022

For the City:

/s/ /s/
Mario Cifuentez Chris Tavarez
City Manager Finance Director

/s/
Sarah Cardoza
Human Resources Manager

For GEMA:

/s/ /s/
Eric Forcey Randy Shaw
President Vice President

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Attachment: GEMA MOU 2022 Final (Admin: GEMA Memorandum of Understanding)

AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: F

SUBJECT:

Administration: Approval of Compensation and Benefit Summary with the Executive Management Employees Association (EMEA).

RECOMMENDATION:

That the City Council, by motion, approve the attached agreement and authorize administration to amend all other documents as may be necessary to implement said negotiated changes.

BACKGROUND:

The City of Hanford and the Executive Management Employ ees Association (EMEA) have negotiated over the past two months and within the scope of the Meyers -Milias Brown Act, City representatives have concluded labor negotiations with the Executive Management Employees Association (EMEA) that resulted in a fair a nd equitable compensation increase that was within the City’s financial ability to provide. City representatives and EMEA have reached an agreement restating current benefits as well as agreeing on multiple amendments pertaining to wages, benefits and working conditions.

The following terms and conditions were ultimately agreed upon:

Term: Three years (July 1, 2022 through June 30, 2025)
Wages:

Using five (5) comparable agencies (Delano, Madera, Merced, Tulare, and Visalia) the following will be provided:

Year One - $1,000 stipend and median of the comparable agencies plus 3% effective the first full pay period after formally approved by City Council.

Year Two - Additional two percent (2%) increase effective the first full pay-period in July 2023.

Year T hree - Additional two percent (2%) increase effective the first full pay -period in July 2024.

A new salary schedule has been created which encompasses a one percent (1%) difference between each range.

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Management Leave : Effective PP001 in 2023, modify cur rent benefit by increasing Management Leave from 62.4 hours to 80 hours. Employees may cash out up to 64 hours per calendar year.

Tuition Reimbursement Amend Administrative Regulation to allow up to $5,000 per fiscal year for courses taken to obtain a b achelor’s, master’s, or doctoral degree only (no training/certificate course work).

Severance Pay: Amend section to prohibit employees from being terminated within six months of a hire of a new City Manager, unless with cause.

Health Insurance: Amend section to reflect current plans.

Life Insurance: Amend section to increase life insurance premium from $100,000 to $200,000 effective January 1, 2023, and eliminate cost sharing for first $20,000 voluntary Life/AD&D insurance.

Holidays: Amend holidays list t o observe Christmas Eve and New Year's Eve (currently employees work one or the other) and add one additional floating holiday (to observe Juneteenth). Police Chief’s holiday in lieu calculation amended to reflect the same.

Vacation: Amend section to all ow City Manager to provide vacation accrual based on years of service at another public entity (State, County or City municipality) in a management level position.

Sick Leave: Amend section to state sick leave shall be taken in 15-minute increments.

Bereavement Leave: Amend section to specifically outline applicable relatives.

Cell Phone Reimbursement: Amend Administrative Regulation to reflect a Technology Reimbursement policy providing $100/month for cell phone/internet reimbursement and maintain $50/month for cell phone reimbursement.

Side Letter Agreements: Incorporate all side letter agreements previously reached with EMEA into their Compensation and Benefit Summary.

Reopener: During the term of the agreement, EMEA and the City shall have the right to re-open negotiations on the subject of salary.

The same level of management benefits that are afforded to the Executive level will also be provided to Deputy City Manager and City Manager positions.

FISCAL IMPACT:

Year 1: Approximate total $82,500 ($59,000 from General Fund) Year 2: Approximate total $13,000
Year 3: Approximate total $13,000

ATTACHMENTS:

EMEA Comp Benefit Summary 2022 Final

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Compensation and Benefit Summary
for the
Executive Management Employees Association

Last Revised: 06/23/2022
July 1, 2022 to June 30, 2025

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) ii

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) iii

TABLE OF CONTENTS

SECTION 1
Application………………………………………………………... 1
Term………………………………………………………………. 1

SECTION 2
Wages………………………………………................................... 2 Direct Deposit…………………………………………….............. 2
Management Leave……............................................................ 2 Tuition Reimbursement…………………………………………... 3
Mileage Reimbursement………………………………………….. 3
Car Allowance……………………………………………………. 3
Cell Phone Allowance…………………………………………..... 3
Uniform Allowance...…………………………………………….. 3
Per Diem………………………………………………………….. 3
Longevity Pay…………………………………………………….. 3
Acting Pay………………………………………………………… 4
Working out of Classification…………………………….............. 4 Severance Pay…………………………………………………….. 5

SECTION 3
Health Insurance…………………………….................................. 6 Retirement………………………………........................................ 6 State Disability Insurance…………………………….................... 7 Life Insurance…………………………………………...………... 7
Flexible Spending and Voluntary Benefit Plan…………………... 7 Deferred Compensation…………………………………………... 7

SECTION 4
Standard Work Period…………………………………………….. 8
Holidays……………....................................................................... 8 Vacation………………………………………………………....... 9
Sick Leave…………………………………………….................... 10
Bereavement Leave……………………………….......................... 13

SECTION 5
Peace Officer and Firefighter Bill of Rights……………………… 14 Legal Defense…………………………………………...………... 14
Reopener………………………………………………………….. 14

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 1 SECTION 1

Application

This document summarizes the compensation and benefits currently provided to members of the Executive Management Employees Association (EMEA) as approved by City Council action.

Any future changes to any section of this docum ent will be incorporated upon adoption by City Council, side agreement or upon changes implemented by State or Federal law.

This document applies to all positions designate d as Department Heads including but not limited to:

Community Development Director
Finance Director
Fire Chief
Parks and Community Services Director
Police Chief
Public Works Director

Positions not listed above, but created and designated as a Department Head or Executive Management through the City’s recognition process are covered by the terms herein.

Term

This agreement shall be effective for the period of July 1, 2022 through June 30, 2025.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 2 SECTION 2

Wages

Using fiv e (5) comparable agencies ( Delano, Madera , Merced, Tulare, and Visalia ) the foll owing increases will be provided:

Year One – $1,000 stipend and median of the comparable agencies (as calculated below) plus 3% effective the first full pay period after formally approved by City Council.

Community Development Director 0.0%
Finance Director -2.0%
Fire Chief -6.3%
Parks and Community Services Director -8.8%
Police Chief -5.1%
Public Works Director -0.6%

Year Two – Additional two percent (2%) increase effective the first full pay-period in July 2023.

Year Three – Additional two percent (2%) increase effective the first full pay-period in July 2024.

A new salary schedule has been created which encompasses a one percent (1%) difference between each range.

Direct Deposit

All employees will enroll in the City’s direct deposit program.

Management Leave

Effective PP001 in 2023 Department Heads shall receive eighty (80) hours of Management Leave.

It is preferred that Management Leave be used as time off . An employee may also cash out up to sixty-four (64) hours of their Management Leave or convert all or a portion of their leave to deferred compensation by completing the required form and returning it to the Human Resources office in advance of the payr oll deadline. Any Management Leave hours not taken by PP025 will be compensated their cash out balance, up to sixty-four (64) hours if available i n PP026. Under no circumstances shall available Management Leave hours be carried over to a new calendar year.

Department Heads wh o are h ired throughout the year will receive a pro -rated amount of Management Leave hours and shall follow the Management Leave Plan as noted in the paragraph above.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 3 Department Heads who leave the City of Hanford with Man agement Leave hours available will be compensated their cash out balance, up to sixty-four (64) hours if available

Tuition Reimbursement

Pursuant to Administrative R egulation 1.13, regular employees are eligible to receive tuition reimbursement up to $5,000 per fiscal year for courses taken to obtain a bachelor’s, master’s or doctoral degree only (no training/certificate course work).

Mileage Reimbursement

Employees required to use their private automobile for authorized City business shall receive mileage reimbursement at the current IRS approved rate.

Car Allowance

The Fire Chief and Police Chief are assigned a C ity vehicle for take home use to be us ed consistent with the City’s vehicle policy.

Cell Phone Allowance

Department Heads are provided with a cell phone /internet reimbursement allowance in accordance with Administrative Regulation 1.26.

Uniform Allowance

The Fire Chief and Police Chief shall receive an annual uniform allowance of $1,200.

Per Diem

The City shall reim burse EMEA employees according to the provisions outlined in the Administrative Regulation 1.05.

Longevity Pay

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 4 Active service shall be defined as an employee who is in a continued pay status and an employee who is on approved leave (including paid or unpaid military leave). Time off for discipline leave shall not be time counted towards longevity, but such leave shall not constitute as a break in active service as it relates to longevity.

Upon appointment to an exec utive level position, the Cit y Manager shall have the discretion to provide longevity pay b ased on years of service at another public entity (State, County or City municipality) in a management level position. Verification of years of service, title and j ob functions will be conducte d through the Human Resources office prior to awarding longevi ty pay.

Acting Pay

When an employee is temporarily assigned to a position in a higher classification (employee leaves their curren t positi on and assum es the dutie s and responsibilities of a h igher-level classification), they shall have their base salary adjusted to the base pay for the higher classification at Step 1 or the step that provides them with a minimum of a five -percent (5% ) increase commencin g on the ele venth (11th) consecutive busi ness day in a fiscal year.

Designated City holidays shall count towards consecutive business days worked.

If the assignment is to a vacant position currently being recruited for, hours worked s hall not exceed 960 hours in a fiscal year in compliance with Government Code 20480.

Working out of Classification

If an employee is assigned to perform duties that are distinct, separate and normally performed by employees in a different classification (higher or lower) for more than 51% of their working hours, they shall receive a five -percent (5%) increase in their base salary commencing on the eleventh (11th) consecutive business day in a fiscal year. Designated City holidays shall count towards consecutive business days worked.

Working out of class assignme nt may be discontinued by the City Manager any time; however, employees shall not be rotated in and out of working out of class assignments to avoid providing additional compensation.

Working o ut of cl assification pay shall n ot be considered as part of t he employee's base pay when computing the rate due upon promotion to a higher classification.

Any working out of classification assignment shall not exceed six months in a fiscal year unless written approval is received by the City Manager.

Any employee who feels they are working out of classification and not recei ving compensation for their additional duties may submit supportive documentation to the City Manager outlining a detailed listing of all duties performed and the am ount of time he/she spends on those duties.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 5 The City Manager shall review and render a decision in writing within twenty (20) calendar days after receiving the employee’s supportive documentation. The decision of the City Manager shall be final.

Severance Pay

Department Heads, if terminated without cause shall be entitled to receive six (6) months of severance payments, the equivalent of six (6) months of their monthly salary upon termin ation subject to all state and fed eral wit hholding. Represented members of EMEA may not be terminated within six (6) months of hire of a new City Manager, unless with cause.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 6 SECTION 3

Health Insurance

Medical
The City shall offer optional medical plans incl uding but no t limited to a PPO, EPO and/or a high ded uctible plan with employee sponsored H ealth Savings Account (HSA), if applicable.

The City shall pay sixty percent (60%) of the total premi um cost of all regular and probationary employees, and their dependents, who elect the PPO plan.

Dental
The City shall pay sixty percent (60%) of the t otal premium cost of all regular and probationary employees, and their dependents, who elect a dental plan.

Vision
The City shall pay one hundred percent (100%) of the total pr emium cost of all regular and probationary employees who el ect an employee only vision plan. The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary emplo yees, who elect a vision plan with dependent coverage.

Retirement

Miscellaneous Employees
The Ci ty s hall provide the 3% @ 60 retiremen t plan to miscellaneous employees under the California Public Employees (CalPERS) retirement system.

Pursuant to State law, miscellaneous employees hired on or afte r January 1, 2013, shall be provided with the 2% @ 62 retirement plan u nder the California Public Employees (CalPERS) retirement system.

Sworn-Safety Employees
The City shall provide the 3% @ 55 retirement plan to safety employees under the California Public Employees (CalPERS) retirement system.

Pursuant to State law, safe ty employees hired o n after January 1, 2013, shall be provided with the 2.7% @ 57 retirement plan under the California Public Employees (CalPERS) retirement system
All employees shall pay the required employee contribution as determined by CalPERS.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 7 State Disability Insurance

State D isability I nsurance is provided, to all EMEA em ployees at the employee's cost. State Disability Insurance payments may be available to employees who can not work due to sickness or injury not job related. S tate Disability payments shall be inte grated with sick leave balances.

To the extent that accumula ted sick leave or vacation leave is available, the employee will continue to receive a regular payroll ch eck. State Disability Insurance payments received by the employee from the State shall be t urned in to the City upon receipt by the employee. When such checks are received by the City, that portion of the sick leave or vacation leave used, equivalent to the dollars received from the State, shall be reimburse d to the employee's leave balances. At such time that the employee no longer has balances to reimb urse, the employee is no longer required to submit the State disability payment to the City.

Life Insurance

The City pays the premium for a $200,000 group life insurance policy for Department Heads.

The City also provides employees an option to purchas e additional life insurance at the employee’s expense.

Flexible Spending and Voluntary Benefit Plan

The Ci ty pr ovides employees an option to enr oll in a Section 125 plan at the em ployee’s expense.

Deferred Compensation

EMEA employees are eligible to receive a matched employer con tribution for deferred compensation up to $75.00 per pay period.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 8 SECTION 4

Standard Work Period

The standard work day for employees shall be eight (8) hours and the standard work week shall be forty (40) hours to be worked within five (5) con secutive da ys unless assigned to an alternative work schedule as outlined in Administrative Regulation 1.17.

Holidays

I. The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off:

(1) New Year's Day, January 1
(2) Martin Luther King Day, the third Monday of January (3) Washington's Birthday, the third Monday in February (4) Memorial Day, the last Monday in May
(5) Independence Day, July 4
(6) Labor Day, the first Monday in September
(7) Veterans Day, November 11
(8) Thanksgiving Day, the fourth Thursday in November
(9) The day after Thanksgiving, the fourth Friday in November (10) Christmas Eve, December 24
(11) Christmas Day, December 25
(12) New Year’s Eve, December 31
(13) Every day appointed by the Pr esident of the Uni ted States or Govern or of California for public feast, Thanksgiving, or holiday and as approved by the City Council.

II. Employees shall be credited with not more t han two (2) floating holidays (8 hour block) to be taken no l ater than Decemb er 15th of each ca lendar year, at the employee's discretion, subject to sta ffing needs. T he floating holiday shall be capped at eight (8) hours regardless of the year used.

III. When a paid holiday falls on a Saturday, the previous Friday shall be deemed to be the holiday in lieu of the day named. When a holiday falls on Sunday, the following Monday shall be deemed to be the holiday in lieu of the day named.

IV. In the event a paid holiday falls within an employe e’s vacation period, which would have excused the em ployee from work a nd for which no othe r compensation is made, said holiday shall not be charged as a vacation day.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 9 V. Holiday In Lieu
Police Chief shall receive up to 112 hours of holiday time each calenda r year accruing

4.308 hours per -pay period in -lieu of paid holidays. Employee may bank up to seventy (70) hours of holiday -in-lieu time. Employee may use this time at the discretion of the City Manager with due consideration of the employee's needs. Holida y time taken is deducted on an hour for hour basis. The employee is ultimately responsible for monitoring their holiday in-lieu time and will be able to request to cash out hours at the ir base hourly rate at time of accrual, once they have banked sixty (60 ) hours. An employee will be able to cash out any hours in excess of sixty (60). Holiday in -lieu time shall be recorded on the employee’s timesheet and accounted for through the payroll system. If an employee should reach the maximum accumulation cap of seventy (70) hours, holiday in- lieu hours will no longer accrue.

Vacation

I. Eligibility

Employees shall co mplete six (6) months continuous serv ice before usin g accrued vacation leave. Employees shall not work for the City during their vacation.

Employees whose scheduled vacations are interrupted or postponed due to industrial injury shall be rescheduled after such injured employee has returned to duty. No vacation previously scheduled shall be l ost due to an employee exceeding the v acation accrual during an industrial injury leave.

II. Accrual

Vacation will be accrued and credited on a bi-weekly basis at the following rat es for continuous service performed in pay status:

(1) From zero (0) through five (5) years:

3.39 hours per bi-weekly pay period, 88 hours annually

(2) From six (6) through ten (10) years:

4.62 hours per bi-weekly pay period, 120 hours annually

(3) From eleven (11) through fifteen (15) years:

5.24 hours per bi-weekly pay period, 136 hours annually

(4) Sixteen (16) or more years:

6.16 hours per bi-weekly pay period, 160 hours annually

Upon appointment to a Departmen t Head posi tion, the Cit y Manager shall have the discretion to provide vacation accrual ba sed on years o f service at another public entity (State, County or City municipality) in a management level position. Verification of

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 10 years of service, title and job functions will be conducted through the Human Resou rces office prior to awarding the increased vacation accrual.

III. Limits of Accrual

Such accrual an d credit for all employees may not exceed twice the employee's annual rate of accrual.

IV. Buyback

Employees shall be able to cash out accrued vacation at an equal amount of vacation time used in the calendar year, but no more than ten (10) days each year.

V. Compensation at Termination

Employees leaving the municipal service with accrue d vacation lea ve shall be paid the amounts of accrued vacation to the date of termination at the employee’s then hourly rate.

Employees who terminate employment with the City a nd who hav e less than six (6) months of continuous service shall not be compensated for accrued vacation.

Sick Leave
I. Definition/Approved Sick Leave Usage:

A. Sick leave is an a bsence from duty which may be granted by the employer to the employee because of an illness , injury, exposure to a contag ious disease, preventative care, illne ss or injury o f a member of the employee’s immediate family requiring the employee’s attendance.

B. To attend a medical, dental, or optical appointment if such appoin tment cannot be scheduled outside of the employee’s normal work day.

C. To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking including th e following with appropriate documentation of the need for such services:
a. A temporary restraining order or restraining order;
b. Other injunctive relief to help e nsure the health, safety or welfare of the employee or their children;
c. To seek medical attent ion for injuries caused by domestic violence, sexual assault or stalking;
d. To obt ain services from a domestic violence she lter, program, or rape crisis center as a result of domestic violence, sexual assault or stalking; e. To obtain psychological counselin g related to an experience of domestic violence, sexual assault or stalking;

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 11 f. To participate in safety planning and take other actions to i ncrease safety from future domesti c violence, sexual assault, or stalking, including temporary or permanent relocation.

D. An employee’s immediate family shall consist of the employee’s: S pouse or registered domestic partner, parent (includ ing step parents), child (including st ep children), brother, sister, father in -law, mother in -law, brother in -law, sister in - law, aunts , uncles, employee’s and spouse’s grandparents, grandchildren or any person living in the same household as the employee.

E. An employee may be granted sick leav e only in case of actual illness/situation as defined above. In the event that an employee or a m ember of the employee’s immediate family recovers from any such illne ss after be ing granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.

F. Sick leave balances shall be taken in fifteen (15) minute increments.

If the need for sick leave is unforeseeable, including an illness sustained while at work, th e employee sha ll provide notice of the need for the leave to their supervisor as soon as possible, preferably within 1 hour before the time established as the beginni ng of the e mployee’s work day. In the event that an employee is incapacitated because of illness or injury to the point the employee is unable to contact his/her supervisor, the employee’s designated representative (i.e. family member) s hall notify the su pervisor at the earliest possible moment.

Failure t o do so without go od reason shall resu lt in that day of absence being treated as leave of absence without pay or cause the employee to use other available and accrued leave.

H. If the empl oyee is absent on sick leave for more than 1 day, the employee shall keep the immediate supervisor informed as to the date the employee expects to return to work.

I. Upon the oral or written request of an employee, the City shall provide paid sick days for the purposes described in previous sections. The City may request a note from a physician after an employee has been absent longer than three consecutive days or shifts or if evidence suggests that an employee is abusing the City’s sick leave policy.

To accurately track sick leave for those who meet the requirements u nder Federal and State laws (Family Medical Leave Act and California Family Rights Act), the City may require a physician’s certification for an employee’s own serious health condition or to care for an eligible family member (parent, child, spouse, domestic partner or covered service member).

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 12 J. Employees wh o are on vacation at the time of death of an immediate family member as defined above shall be entitled to substitute bereavement leav e for vacation time, consistent with the existing bereavement leave po licy. The total period of absence fro m City employm ent (vacation and bereav ement leave) shall not be extended beyond that time initially approved for vacation, without specific City Man ager approval. Unu sed vacatio n shall be retained by the affected employee in accordance with the existing vacation policy.

K. Supervisors shall have the discretion to place employees on sick leave when, in the judgment of the supervisor, the presence of the employee at work w ould endanger the health and welfare of other employ ees or where the i llness or injury of the employee interferes with the performance of such employee’s duties.

L. The City shall not deny an employee the right to use sick leave, discharge, threaten to disch arge, demote, suspend, or in any manner discriminate against an employee for using, or att empting to exercise the right to use s ick leave to attend to an illness or the preventative care of a family member, or for any other reason specified in sections above.

II. Sick Leave May Not Be Used For:

A. An employee serving their initial 90 calendar day s of service t o the City (unless the e mployee was rehired within one year of separation, or sustained a work - related injury during their initial 90 days of employment).

B. Sick le ave will not be granted to any employee a bsent from duty du ring an authorized l eave of absenc e without pay, or any ot her absence from duty not authorized the City.

C. Sick leave shall not be used in lieu of or in addition to vaca tion, unless leave is requested for an immediate death in the family o r as otherwise def ined in this policy.

D. Absences for illness/medical treatments may not be charged to sick leave yet to be accumulated.

III. Accrual, Accumulation and Separation

A. Regular and probationary employees shall be eligible to accrue sick leave at the rate of 3.69 hours for each bi-weekly pay period.

B. There is no limit on t he amount of sick leave which can be accumulated and carried over from year to year.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 13 C. Sick leave will be acc rued by any employ ee during t he first 90 calendar days of employment. However, only upo n the successful com pletion of 90 days of employment, will the employee be entitled to utilize their accrued sick leave (does not apply to employees rehired within one year of separation).

D. Employees granted a leave of absence with pay (i ncluding military leave or other approved leave with pay) shall accrue sick leave as indicated above.

E. Sick leave will not be accrued by an employee absent from duty after separation from service or during an authorized leave of absence without pay.

F. Upon retirement unde r the Public Employe es Retirement System, qualifying employees may apply unused sick leave as provided under Section 20862.8 and 20965 of the Government Code.

IV. Reimbursement/Reinstatement of Unused Sick Leave

Employees leaving the municipal service shall forfeit all accumulated sick leave unless:
a. Upon retirement under the Public Employees Retirement System, qualifying individual applies unused sick leave as provided und er Section 20862.8 and 20965 of the Government Code.
b. The individual is re-hired by the City of Hanford within one year from the date of separation. Previously accrued and unused paid sick days shall be reinstated and the employee shall be entitled to use t hose previously ac crued and u nused paid sick days immediately and will accrue additional paid sick hours in accordance to the section above.
c. The employee resumes employment with the City upon release from active military duty, temporary military leave or other approved leave of absence.

V. Abuse of Sick Leave

Abuse of an e mployee’s sick lea ve is defined as a c laim of entitl ement to sick leave when the employee does not meet the requirements as defined in Section I. If an employee is found to be abusing or misusing their sick leave time, they will be subject to disciplinary action.

Bereavement Leave
Each regular employee shall be granted bereavement leave with full pay not to exceed one full work week in the event of death in the employee’s family. For the purpose of this section only, the employee’s family shall mean the spouse, child, parent, brother, sister, father -in-law, mother- in-law, brother-in-law, sister-in-law, grandparent or a close relative re siding in the household of the employee. Bereavement leave does not count against an employee’s sick leave balance.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 14 SECTION 5

Peace Officer and Firefighter Bill of Rights

The City agrees to abide by the terms of the Peace Officer Bill of Rights and the Firefighter Bill of Rights, including any amendments thereto.

Legal Defense

The City agrees to provide legal defense for EMEA employees pursuant to Labor Code § 2802.

Reopener

During the term of this agreement, EMEA and the City sha ll have the right to re -open negotiations on the subject of salary. Upon a reopener, all o ther provisions and all o ther sections of the Compensation and Benefit Summary shall remain in full force and effect.

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary) 15 Agreed upon June 23, 2022

For the City:

/s/ /s/
Mario Cifuentez Sarah Cardoza
City Manager Human Resources Manager

For EMEA:

/s/ /s/
Bradley Albert John Doyel
Parks and Community Services Director Public Works Director

/s/ /s/
Steve Pendergrass Parker Sever
Fire Chief Police Chief

/s/
Chris Tavarez
Finance Director

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Attachment: EMEA Comp Benefit Summary 2022 Final (Admin: EMEA Compensation & Benefit Summary)

AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: G

SUBJECT:

Administration: Approval of Memorandum of Understanding (MOU) with the Hanford Professional FireFighters (HPFF).

RECOMMENDATION:

BACKGROUND:

The City of Hanford and the Hanford P rofessional Firefighters Local 3898 have negotiated over the past two months and, within the scope of the Meyers -Milias Brown Act, City representatives have concluded labor negotiations with the Hanford Professional Firefighters Local 3898 (HPFF) that resulted in a fair and equitable compensation increase that was within the City’s financial ability to provide. City representatives and HPFF have reached an agreement restating current benefits as well as agreeing on multiple amendments pertaining to wages, b enefits and working conditions.

The following terms and conditions were ultimately agreed upon:

Term: Three years (July 1, 2022, through June 30, 2025).

Wages:

Using seven (7) comparable agencies (Delano, Dinuba, Madera, Merced, Porterville, Tulare, a nd Visalia) following will be provided:

Year One - Median of market placement or internal alignment (if applicable) plus 3% effective the first full pay period following ratification and formal approval by City Council. To eliminate compaction, the positi on of Fire Engineer will be 10% higher than the position of Firefighter using

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the established salary schedule.

Year Two - Additional two percent (2%) increase effective the first full pay-period in July 2023.

Year Three - Additional four percent (4%) increase effective the first full pay-period in July 2024.

A new salary schedule has been created which encompasses a one percent (1%) difference between each range.

Management Leave: Amend section to remove the Management Leave benefit for Fire Captains effective upon agreement approved by City Council.

Longevity Pay: Amend section to remove: Employees assigned to the position of Battalion Chief are not eligible for longevity pay.

Acting Pay: Amend section to remove “if any employee is required to act out of class for more than twenty four (24) hours in a fiscal year” and to amend section to increase acting status pay differential from $20.00 to $30.00 per shift for rank of Acting Engineer and increase pay differential from $30.00 to $40.00 per shift for the rank of Acting Captain, and increase pay differential from $40.00 to $50.00 per shift for Acting Battalion Chief, and increase pay differential from $50.00 to $60.00 per shift for Acting Chief.

Disciplinary Action: Amend section to include: The Ci ty shall ensure protection for any member that comes forward regarding an issue that arises from a legally protected claim that may rise to the level of internal/external investigation.

Call Back: Amend section 2.03 (Overtime) to include: Employees calle d back to work from their day off, or other off duty hours shall receive overtime compensation as stated in section

2.03 with a one (1) hour minimum guaranteed.

Vacation: Amend section 2.06 (Vacation) to state: Employees shall complete six (6) months of continuous service before using accrued vacation leave. Employees can volunteer to work during their vacation time but may not be forced to work during that period. Employees whose scheduled vacations are interrupted or postponed due to industrial injury shall be rescheduled after such injured employee has returned to duty. No vacation previously scheduled shall be lost due to an employee exceeding the vacation accrual during an industrial injury leave cannot work on a scheduled vacation day. Employees shall not be able to work overtime and receive vacation pay on the same day.

Side Letter Agreements : Incorporate all side letter agreements previously reached with HPFF into their MOU.

Cell Phone Reimbursement: Amend Administrative Regulation to reflect a Technology Reimbursement policy providing $100/month for cell phone/internet reimbursement and maintain $50/month for cell phone reimbursement.

Life Insurance: Amend section to increase life insurance premium with a January 1, 2023,

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effective date and eliminate cost sharing for first $20,000 voluntary Life/AD&D insurance.

Smooth Bank: During the term of the agreement, the parties shall discuss potentially amending/eliminating the “smooth bank” language to reflect a process that reduces the amount of administrative time that is currently required to monitor employee hours.

Holiday In-Lieu Pay: Amend section A. to state: Battalion Chiefs (Shift), Fire Captains, Fire Engineers, and Firefighters shall receive one -hundred and fifty -four (154) hours of pay per calendar year at straight time in lieu of any holiday time off. Two (2) payments will be made annually on pay period thirteen (13) and pay period twenty -six (26) of each year. Following the last payment made for the calendar year (pay period twenty -six), the holiday-in-lieu time will be reset to zero (0). Pro -rated adjustments based in time in service will be made for employees entering or leaving fire shift work.

Health Insurance: Amend section to reflect current plans and to state: The City shall pay towards the health care plan selected by the employee equal to sixty percent (60%) of the total premium for the City PPO plan (employee, employee +1, or family).

Sick Leave: Amend section to state sick leave shall be taken in fifteen (15) minute increments.

Holidays: Amend the Holiday schedule to include Christmas Eve, New Year’s Eve and one (1) floating holiday for Juneteenth. The City recognizes that this update will need to occur on a City-wide basis, holiday in lieu accrual for Fire Department employees assigned to a shift shall be updated from 133 hours to 154 hours of pay per calendar year.

Amend Section I. (A.) to remove: The City shall modify its work schedule in order that actual scheduled work shall not exceed four (4) hours on Thanksgiving and Christmas.

Amend Section I. (C.) to remove item C: Battalion Chiefs may cash out any holiday pay once per year, in the last pay-period in October.

Tuition Reimbursement: Amend current Administrative Regulation by eliminating pre - payment option.

FISCAL IMPACT:

Year 1: Approximate total $547,830
Year 2: Approximate total $70,600
Year 3: Approximate total $141,200

ATTACHMENTS:

HPFF MOU 2022 -final

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Memorandum of Understanding
between
City of Hanford
and
Hanford Professional Firefighters Local 3898, IAFF
Professional Firefighters Unit

Last Updated: 07/12/2022
Term: July 1, 2022 - June 30, 2025

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding)

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding)

TABLE OF CONTENTS

Memorandum of Understanding concerning wages, hours and other terms and conditions of employment between the City of Hanford and the Hanford Professional Firefighters, Local 3898, IAFF effective July 1, 2022 through June 30, 2025.

SECTION 1 ..................................................................................................................................... 1

1.01 Preamble .......................................................................................................................... 1

1.02 Recognition ...................................................................................................................... 1

1.03 Purpose ............................................................................................................................. 1

1.04 City Rights ....................................................................................................................... 1

1.05 Maintenance of Operations .............................................................................................. 2 SECTION 2 ..................................................................................................................................... 3

2.01 Wages and Direct Deposit ............................................................................................... 3

2.02 Standard Work Period ...................................................................................................... 4

2.03 Overtime .......................................................................................................................... 5

2.04 [Reserved] ........................................................................................................................ 7

2.05 Holidays ........................................................................................................................... 7

2.06 Vacation ........................................................................................................................... 7

2.07 Sick Leave ........................................................................................................................ 8

2.08 Catastrophic Leave......................................................................................................... 12

2.09 Bereavement Leave ........................................................................................................ 12

2.10 [Reserved] ...................................................................................................................... 12

2.11 Tuition Reimbursement ................................................................................................. 12

2.12 [Reserved] ...................................................................................................................... 12

2.13 Mileage Reimbursement ................................................................................................ 12

2.14 Uniform Allowance ....................................................................................................... 13

2.15 Health Insurance ............................................................................................................ 13

2.16 Educational Incentive Pay.............................................................................................. 13

2.17 Retirement ...................................................................................................................... 15

2.18 Acting Pay ...................................................................................................................... 15

2.19 Dues Deduction .............................................................................................................. 15

2.20 Bilingual Pay .................................................................................................................. 16

2.21 Administrative Pay......................................................................................................... 16

2.22 Meal Contribution .......................................................................................................... 16

2.23-2.37 [Reserved] ............................................................................................................. 16

2.38 Jury Duty ........................................................................................................................ 16

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding)

2.39-2.45 [Reserved] ............................................................................................................. 16

2.46 Pregnancy Leave ............................................................................................................ 17

2.47-2.59 [Reserved] ............................................................................................................. 17

2.60 Immunizations................................................................................................................ 17

2.61 Deferred Compensation ................................................................................................. 17

2.62 Class Attendance ............................................................................................................ 17

2.63 State Disability Leave and Paid Family Leave .............................................................. 17

2.64 Family and Medical Leave Act ...................................................................................... 18

2.65 Survivor Death Benefit .................................................................................................. 18

2.66 Per Diem ........................................................................................................................ 18

2.67 Residency Requirement ................................................................................................. 18

2.68 Shift Trades .................................................................................................................... 18

2.69 Linen Replacement ........................................................................................................ 18

2.70 Smoking Policy .............................................................................................................. 19

2.71 Substance Abuse Policy ................................................................................................. 19

2.72 Longevity Pay ................................................................................................................ 19

2.73 Management Leave ........................................................................................................ 19

2.74 Life Insurance ................................................................................................................ 20 SECTION 3 ................................................................................................................................... 21

3.01 Disciplinary Action ........................................................................................................ 21 SECTION 4 ................................................................................................................................... 27

4.01 Grievance Procedures .................................................................................................... 27 SECTION 5 ................................................................................................................................... 30

5.01 Layoff Procedures .......................................................................................................... 30 SECTION 6 ................................................................................................................................... 33

6.01 Conclusiveness ............................................................................................................... 33

6.02 Accumulation/Vesting ................................................................................................... 33

6.03 Savings Clause ............................................................................................................... 33

6.04 Non Discrimination ........................................................................................................ 34

6.05 Term of Memorandum ................................................................................................... 34

6.06 Reopener ........................................................................................................................ 34

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 1 SECTION 1

1.01 Preamble

The following constitutes a Memorandum of Understanding (“MOU”) between the City of Hanford ("City") and the Hanford Professional Firefighters Local 3898, IAFF (“Professional Firefighters Unit”) as a result of meeting and conferring in good faith concerning wages, hours, and other terms and conditions of employment, pursuant to Government Code Section 3500 et seq., and the City's Employer -Employee Relations Policy, Hanford Personnel Ru les and Regulations, Chapter 12.

1.02 Recognition

Under the terms of Chapter 12 of the Merit System Rules and Regulations, the City formally recognizes the Professional Firefighters Unit as the exclusive recognized employee organization for Battalion Ch iefs, Fire Captains, Fire Engineers, and Firefighters of the City of Hanford.

Unless noted otherwise, the information outlined in this Memorandum of Understanding shall apply to all represented employee classifications.

1.03 Purpose

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

1.04 City Rights

I. Nothing in this agreement shall restrict or obstruct the inherent or legal rights of the City as they relate to its general legislative process. These right s include, but are not limited to:

A. Determining the goals, objectives and mission of the City departments, offices, committees or commissions;

B. Establishing the standard of selecting City personnel;

C. Implementing and executing standards of continued employment with the City;

D. Identifying the work to be performed and allocating such work to City personnel;

E. Directing its personnel and administering discipline;

F. Relieving its personnel from duty;

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 2 G. Undertaking all necessary actions during emergencies;

H. Discharging, suspending, demoting, reducing in pay, reprimanding, withholding salary increases and benefits, or otherwise disciplining employees subject to the requirements of the MOU and the city rules and regulations;

I. Laying-off employees; or

J. Directing employees, including scheduling and assigning work, work hours and overtime.

1.05 Maintenance of Operations

The Professional Firefighters Unit agrees, for the term of this MOU, neither the Professional Firefighters Unit, nor its agents, will c ause, authorize, or engage in a strike against the City, a work stoppage, slow down, picketing or concerted failure to report for duty, or unauthorized absence or abstinence from the full and faithful performance of their duties of employment, or comply with a request of another labor organization or bargaining unit to engage in such activities.

This is not to mean that the Professional Firefighters Unit, collectively or individually, waives any rights as to protection of personal safety as they may pertai n to refusal to cross the picket line of another public employee’s organization on strike, or to informational picketing by employees on their own time.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 3 SECTION 2

2.01 Wages and Direct Deposit

Using seven (7) comparable agencies (Delano, Dinuba, Madera, Merced, Porterville, Tulare, and Visalia) the following increases will be provided:

Year One – Median of market placement or internal alignment (if applicable) plus 3% effective the first full pay period following ratification and formal approval by City Council.

To eliminate compaction, the position of Fire Engineer will be 10% higher than the position of Firefighter using the established salary schedule.

Year Two – Additional two percent (2%) increase effective the first full pay-period in July 2023.

Year Three – Additional four percent (4%) increase effective the first full pay-period in July 2024.

A new salary schedule has been created which encompasses a one percent (1%) difference between each range.

Conversion of monthly salaries to hourly rates shall be determined by dividing the monthly salary by 173.333 for non -shift employees. For employees assigned to a fire shift the monthly salary shall be divided by 242.666 based on a 56-hour work week.

All employees shall be subject to mandatory participation in the direct deposit of the City payroll checks. Employees shall complete a direct deposit/sign -up authorization form during their first week employed with the City of Hanford.

Shift Employees – Smooth Bank Hours

The City of Hanford Fire Department works a 48/96 work schedule for a total of 2,912 hours per year. Additionally, the City of Hanford and Hanford Firefighters Local 3898, have agreed to follow a 24 day FLSA (Fair Labor Standards Act) pay period. This encompasses all shifts to work eight (24 hour) shifts within the period. The FLSA pay period is the period given to determine overtime compensation.

In lieu of paying the Hanford Firefighters the fluctuating number of actual hours worked in a given pay period, it has been agreed by both parties that the City would pay these employees 112 hours each pay period, which is the total annual hours divided by the number of pay periods (or 2,912 hours divided by 26 pay periods). In the event that the number of pay perio ds is changed by the City, this method of calculating hours for the Hanford Firefighters will be changed with the discussion and the approval of both parties.

By using this method of calculating hours paid in a pay period (annual hours divided by number of pay periods), creates a discrepancy between actuals hours worked and actual hours paid. In order to satisfy the requirements of both State and Federal law governing audits, payroll,

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 4 accounting practices, and the use of public funds for a municipal gover nment, it is necessary to include in the current MOU both the method of payment and method of addressing the discrepancy caused between actual hours worked vs. actual hours paid.

The 48/96 work schedule used by the Firefighters, within the parameters of t he City’s bi-weekly payroll process, results in the Firefighters working 144 hours in one pay period, 96 hours in the next pay period, and another 96 hours in the next pay period. By the fourth pay period, these employees would start the 144 hours worked again.

To adjust for the fluctuation in hours each pay period, a ‘Smoothing Bank’ was created in the payroll system. During the pay period when a firefighter worked 144 hours, 32 of those hours would be ‘banked’ and the employee would be paid 112 hours. In the following pay period, that employee would work 96 hours and 16 hours would be taken from the banked hours to pay the employee for 112 hours. The third pay period, the employee would work 96 hours and the remaining 16 hours would be taken from the banked hours to pay the employee for 112 hours.

This ‘Smoothing Bank”, under these guidelines, should never total less than zero (0) or more than thirty-two (32) hours.

When shift changes occur in the Fire Department, a Firefighter may not go into a shift that is on the same sequence of hours they were previously on. By doing this, it changes the amounts of hours they are banking and the ‘smoothing bank’ may go into the negative or it may exceed the 32 hours. This may also occur when a Firefighter is moved to a 40-hour temporary schedule.

To correct the discrepancy caused in the ‘Smoothing Bank’ due to shift changes, it is proposed that a transfer of ‘Smooth Bank’ hours between Firefighters can be made. This transfer, at the request of the department , is needed after the first payroll of a shift change is completed and a Leave Balance Report or Accrual Report is provided by the Finance Office.

When a Firefighter terminates, any balance in the employee’s Smooth Bank will be calculated in that employee’s final termination pay. If the balance of the Smooth Bank, after any previous shift adjustments have been made, is negative, will be taken from any accumulated sick leave hours. If the Smooth Bank for that employee is over the 32 hour maximum, it will be paid out at their base rate per hour.

2.02 Standard Work Period

I. A 48/96 work schedule shall consist of the following:

A. A duty shift will be a period of twenty-four (24) consecutive hours, starting at 0800 one day and continuing to 0800 the next day. Every day of the year is considered a normal duty shift except Thanksgiving and Christmas as defined in Section 2.05, Holidays.

B. Employees work two (2) consecutive twenty -four (24) hour shifts for a total of forty-eight (48) hours and have ninety-six (96) consecutive hours off.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 5 1. A typical work schedule, where “X” represents a workday and “O” represents a day off, is as follows: XXOOOOXXOOOOXXOOOO and so on.

C. Fire shift personnel’s hourly rates of pay will be based on two thousand, nine- hundred and twelve (2,912) hours per year.

II. A 40-hour work/56-hour week shall consist of the following:

A. Five (5) consecutive eight-hour days each week. When new personnel are assigned into a 40 -hour assignment an alternate work week of either Monday through Thursday or Tuesday through Friday at 10 hours per day may be agreed upon by the Fire Chief and the affected employee. The Fire Chief may assign the start and end time of these shifts to meet operational needs.

B. When shift reassignment occurs at the direction of the Fire Chief, a minimum of 72 hours of time -off shall be provided between the old shift assignment and the new shift assign ment (56 -hour work week). Whenever a shift transfer/reassignment is made, the employee shall receive that same minimum “actual hours worked” which would have resulted if a shift reassignment had not occurred. This shall not apply to shift bids.

C. Employees moving from a voluntary 40 -hour assignment or IOD will receive a minimum of 48 hours of time-off (starting at 08:00 hours) between the assignments from a 56 -hour work week to a 40 -hour work week; and, from a 40 -hour work week to a 56-hour work week.

D. Shift movement at the direction of the Fire Chief includes movement created by new hires, long-term interim appointments, or special work assignments.

E. Shift movement created at the employee’s request for “light -duty” or for off-duty injury/illness shall not be subject to any minimum time -off pursuant to this provision.

2.03 Overtime

I. Administration.

It is the policy of the City that overtime work is to be kept to the minimum consistent with protection of life, property, and the efficient operation of the departments and activities of the City and that overtime be compensated by time off wherever practicable. All work requiring any employee to work overtime must be approved by the Department Head or his/her designated representative prior to the work being performed, with the exception of emergency situations.

A. Overtime shall start at the time an employee reaches the place where he/she is directed to report and shall continue until he/she is released, or the work is

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 6 completed whichever is the earlier.

B. Employees called back to work from their day off, or other off duty hours shall receive overtime compensation as stated above w ith a one (1) hour minimum guaranteed.

II. Compensation.

A. Fire Captains, Fire Engineers, and Firefighters
The applicable period for purposes of determining Fair Labor Standard Act (FLSA) overtime shall be a one -hundred and eighty-two (182) hour, twenty -four (24) day work period. Employees on the 182 hour/24 day work -period shall receive overtime compensation at the rate of one and one -half (1.5) times their “regular rate of pay” for all time actually worked in excess of 182 hours in a 24 day work period.

For all hours worked outside of the normally scheduled work period employees shall be compensated at one and one-half (1.5) times their base rate.

“Regular rate of pay” is defined as base rate plus all remuneration calculated to an hourly rate.

“Base rate” is defined as the normal hourly rate associated to the employees annual salary calculation divided by 2912.

All remuneration is defined as education incentives, longevity pay, acting pay, holiday in-lieu and bilingual pay.

B. Battalion Chiefs assigned to a shift shall be paid overtime at one and one-half (1.5) times their base rate for any hours worked outside of their regularly scheduled shift.

“Base rate” is defined as the normal hourly rate associated to the employees annual salary calculation divided by 2912.

C. In the event compensatory time off is used as the method of compensation for overtime, the time off will be taken within the fiscal year in which the overtime has been worked. In the event the employee is denie d this provision, he/she will be compensated for such time at the applicable rate of pay. Exceptions to this procedure will be made only upon written authorization of the City Manager.

III. Training.

A. Employees who attend training programs, meetings, lectures and similar activities outside their regular working hours shall receive overtime compensation if the training meets all of the following criteria:

1. Training is approved and required by the employee's Department Head;

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 7 2. Training is directly related to the employee's present job; and

3. The training could not be obtained during the employee's regular working hours.

2.04 [Reserved]

2.05 Holidays

I. Holiday In-Lieu Pay.

A. Battalion Chiefs assigned to a shift, Fire Captains, Fire Engineers, and Firefighters shall receive one-hundred and fifty-four (154) hours of pay at straight time in-lieu of any holiday time off. Two (2) payments will be made annually on pay period thirteen (13) and pay period twenty -six (26) of each year. Following the last payment made for the calendar year (pay period twenty -six), the holiday in -lieu time will be reset at zero (0). Pro-rated adjustments based on time in service will be made for employees entering or leaving fire shift work.

B. Regular employees leaving municipal service shall be paid for accrued hours in lieu of holidays at termination. Payments for accrued hours in lieu of holidays shall be at the employee’s then-current rate of pay.

2.06 Vacation

I. Eligibility.

Employees shall complete six (6) months of continuous service before using accrued vacation leave. Employees can volunteer to work during their vacation time but may not be forced to work during that period. Employees whose scheduled vacatio ns are interrupted or postponed due to industrial injury shall be rescheduled after such injured employee has returned to duty. No vacation previously scheduled shall be lost due to an employee exceeding the vacation accrual during an industrial injury leave cannot work on a scheduled vacation day . Employees shall not be able to work overtime and receive vacation pay on the same day.

II. Special Vacations.

Special vacation requests will be granted immediately upon request as long as (a) the request does not create overtime, and (b) the day(s) requested is/are within the same calendar year that the request is submitted.

III. Accrual.

A. Battalion Chiefs, Fire Captains, Fire Engineers, and Firefighters v acation will

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 8 accrue and be credited every two (2) weeks for continuous service performed in pay status:

1. From zero (0) through five (5) years:

5.54 hours bi-weekly; 144 hours annually

2. From six (6) through ten (10) years:

7.39 hours bi-weekly; 192 hours annually

3. From eleven (11) through fifteen (15) years:

8.31 hours bi-weekly; 216 hours annually

4. Sixteen (16) or more years:

9.23 hours bi-weekly; 240 hours annually

B. Battalion Chiefs , Fire Captains, Fire Engineers, and Firefighters assigned to an administrative schedule (40-hour work week) for more than two consecutive pay periods vacation will accrue and be credited every two (2) weeks for continuous service performed in pay status:

1. From zero (0) through five (5) years:

3.39 hours bi-weekly; 88 hours annually

2. From six (6) through ten (10) years:

4.62 hours bi-weekly; 120 hours annually

3. From eleven (11) through fifteen (15) years:

5.24 hours bi-weekly; 136 hours annually

4. Sixteen (16) or more years:

6.16hours bi-weekly; 160 hours annually

IV. Limits of Accrual.

Accrued vacation hours may not exceed twice the employee’s annual rate of accrual.

V. Compensation at Termination.

Employees leaving the City with accrued vacation leave shall be paid accrued vacation at the date of termination at the employee's hourly rate. Employees who leave employment with the City with less than six (6) months of continuous service, shall not be compensated for accrued vacation.

2.07 Sick Leave

I. Definition/Approved Sick Leave Usage:

A. Sick leave is an absence from duty which may be granted by the employer to the

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 9 employee because of an illness, injury, exposure to a contagious disease, preventative care, illness or injury of a mem ber of the employee’s immediate family requiring the employee’s attendance.

B. To attend a medical, dental, or optical appointment if such appointment cannot be scheduled outside of the employee’s normal work day.

C. To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate documentation of the need for such services:
a. A temporary restraining order or restraining order;
b. Other injunctive relief to help ensure the health, safety or welfare of the employee or their children;
c. To seek medical attention for injuries caused by domestic violence, sexual assault or stalking;
d. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault or stalking; e. To obtain psychological counseling related to an experience of domestic violence, sexual assault or stalking;
f. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

D. An employee’s immediate family shall consist of the employee’s: Spouse or registered domestic partner, parent (including st ep parents), child (including step children), brother, sister, father in-law, mother in-law, brother in-law, sister in-law, aunts, uncles, employee’s and spouse’s grandparents, grandchildren or any person living in the same household as the employee.

E. An employee may be granted sick leave only in case of actual illness/situation as defined above. In the event that an employee or a member of the employee’s immediate family recovers from any such illness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.

F. Sick leave shall be taken in fifteen (15) minute increments.

G. In order to receive compensation while absent on sick leav e, an employee shall provide reasonable advance notice to their supervisor of their need to use sick leave if the need is foreseeable (i.e. doctor’s appointment scheduled in advance). If the need for sick leave is unforeseeable, including an illness susta ined while at work, the employee shall provide notice of the need for the leave to their supervisor as soon as possible, preferably within 1 hour before the time established as the beginning of the employee’s work day. In the event that an employee is incapacitated because of illness or injury to the point the employee is unable to contact his/her supervisor, the employee’s designated representative (i.e. family member) shall notify the supervisor at the earliest possible moment. Failure to do so without good reason shall result in that day of absence being treated as leave of

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 10 absence without pay or cause the employee to use other available and accrued leave.

H. If the employee is absent on sick leave for more than 1 day /shift, the employee shall keep the immediate supervisor informed as to the date the employee expects to return to work.

I. Upon the oral or written request of an employee, the City shall provide paid sick days for the purposes described in previous sections. The City may request a note from a physician after an employee has been absent longer than three consecutive days or shifts (72 hours for Fire), or if evidence suggests that an employee is abusing the City’s sick leave policy.

To accurately track sick leave for those who meet the re quirements under Federal and State laws (Family Medical Leave Act and California Family Rights Act), the City may require a physician’s certification for an employee’s own serious health condition or to care for an eligible family member (parent, child, spouse, domestic partner or covered service member).

J. Employees who are on vacation at the time of death of an immediate family member as defined above shall be entitled to substitute bereavement leave for vacation time, consistent with the existing bereave ment leave policy. The total period of absence from City employment (vacation and bereavement leave) shall not be extended beyond that time initially approved for vacation, without specific Department Head approval. Unused vacation shall be retained by th e affected employee in accordance with the existing vacation policy.

K. Supervisors shall have the discretion to place employees on sick leave when, in the judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees or where the illness or injury of the employee interferes with the performance of such employee’s duties.

L. The City shall not deny an employee the right to use sick leave, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use sick leave to attend to an illness or the preventative care of a family member, or for any other reason specified in sections above.

II. Sick Leave May Not Be Used For:

A. An employee serving their initial 90 calendar days of service to the City (unless the employee was rehired within one year of separation, or sustained a work-related injury during their initial 90 days of employment).

B. Sick leave will not be granted to any employee absent from duty during an authorized leave of absence without pay, or any other absence from duty not authorized by the City.

C. Sick leave shall not be used in lieu of or in addition to vacation, unless leave is

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 11 requested for an immediate death in the family or as otherwise defined in this policy.

D. Absence for illness/medical treatments may not be charged to sick leave yet to be accumulated.

III. Accrual, Accumulation and Separation
A. Regular and probationary employee s shall be eligible to accrue sick l eave at the rate of 6.46 hours for sworn Fire Department personnel assigned to a 56 hour work week for each bi-weekly pay period.

Regular and probationary employees assigned to an administrative schedule (40 - hour work week) for more than two consecutive pay -periods shall be eligible to accrue sick leave at the rate of 3.69 hours for each bi-weekly pay period.

B. There is no limit on the amount of sick leave which can be accumulated and carried over from year to year.

C. Sick leave will be accrued by any employee during the first 90 calendar days of employment. However, only upon the successful completion of 90 days of employment, will the employee be entitled to utilize their accrued sick leave (does not apply to employees rehired within one year of separation).

D. Employees granted a leave of absence with pay (including military leave or other approved leave with pay) shall accrue sick leave as indicated above.

E. Sick leave will not be accrued by an employee absent from duty after separation from service or during an authorized leave of absence without pay.

F. Upon retirement under Public Employees Retirement System, qualifying employees may apply unused sick leave as provided under Section 20862.8 and 20965 of the Government Code.

IV. Reimbursement/Reinstatement of Unused Sick Leave
A. Employees leaving the municipal service shall forfeit all accumulated sick leave unless:
a. Upon retirement under the Public Employees Retirement System, qualifying individual applies unused sick leave as provided under Section 20862.8 and 20965 of the Government Code.
b. The individual is re-hired by the City of Hanford within one year from the date of separation. Previously accrued and unused paid sick days shall be reinstated and the employee shall be entitled to use those previously accrued and unused paid sick days immediately and will accrue additional paid sick hours in accordance to the section above.
c. The employee resumes employment with the City upon release from active military duty, temporary military leave or other approved leave of absence.

V. Abuse of Sick Leave
A. Abuse of an employee’s sick leave is defined as a claim of entitlement to sick leave

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 12 when the employee does not meet the requirements as defined in Section I. If an employee is found to be abusing or misusing their sick lea ve time, they will be subject to disciplinary action.

2.08 Catastrophic Leave

Pursuant to the City’s Catastrophic Leave Policy, regular City employees are permitted to contribute a portion of their accrued leave credit to another employee when such employee is on an approved leave of absence due to a verifiable illness or injury (personal or family leave).

2.09 Bereavement Leave

Each regular employee assigned to a shift shall be granted bereavement leave with full pay not to exceed forty-eight (48 hours) or a total of ten (10) calendar days including days off in the event of death in the employee’s family as defined in Section 2.0 7 (Sick Leave Policy). For regular employees on an administrative work schedule (40-hour work week), the equivalent of one week off shall be granted. Bereavement leave does not count against an employee’s sick leave balance and is categorized as “Other Leave with Pay” for payroll purposes.

2.10 [Reserved]

2.11 Tuition Reimbursement

Pursuant to Administrative Regulation 1.13 regular City employees are eligible to receive tuition reimbursement up to $1000 per fiscal year for educational purposes. The term “educational purposes” includes classes for which no college units are awarded, such as classes provided by other departments and attendance at trade shows and symposiums.

In addition to what is outlined above, regular employees can utilize tuition reimbursement for travel expenses (meals, travel, and lodging and per diem at the Federal rate).

2.12 [Reserved]

2.13 Mileage Reimbursement

Employees required to use their personal automobile for authorized City business may receive mileage reimbursement at the current IRS approved rate.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 13 2.14 Uniform Allowance

I. New personnel shall be paid an initial uniform allowance equivalent to the uniform allowance in effect for a regular employee for the appropriate uniform for the first year of employment within one (1) month of the date of hire. After the first year of employment, the employee is eligible for a pro-rated uniform allowance based on the number of months remaining in the fiscal year.

II. Regular employees shall receive a uniform allowance of $1,200.00 per fiscal year paid the first full pay period in July. The employee shall have the responsibility of being properly uniformed and equipped.

2.15 Health Insurance

Medical
The City shall offer optional medical plans including but not limited to a PPO, EPO, and/or a high deductible plan with employee sponsored Health Savings Account (HSA), if applicable. The City shall pay towards the health care plans selected by the employee equal to sixty percent (60%) of the total premium for the City PPO plan (employee, employee +1, or family).

Dental
The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary employees, and their dependents, who elect a dental plan.

Vision
The City shall pay one hundred percent (100%) of the total premium cost of all regular and probationary employees who elect an employee only vision plan. The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary employees, who elect a vision plan with dependent coverage.

2.16 Educational Incentive Pay

I. Employees (hired prior to the date the current MOU was ratified) shall continue to receive the agreed upon Education Incentive Pay structure identified below. Firefighters must have reached step “D” in their salary range to be eligible.

A. For completion of thirty (30) college units, fifteen of which must be in Fire Science:
$150.00.

B. For completion of an Associate or Bachelor Degree: $40.00 per month.

C. Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Firefighter 2, employees shall receive 2.5% of base salary per month payable with the normal payroll effective the first full pay period after the City receives the certificate.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 14 D. Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Fire/Company Officer, employees shall receive 5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee has confirmed completion of all education and instruction that is required by the CA Office of the State Fire Marshall (OSFM) has been met.

E. Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Chief Officer, employees shall receive 5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee has confirmed completion of all education and instruction that is required by the CA Office of the State Fire Marshall (OSFM) has been met.

Employees assigned to the position of Battalion Chief are only eligible for additional compensation for Chief Fire Officer certificate as their base salary already includes 2.5% for Firefighter 2 and 5% for Fire/Company Officer certificates.

II. New employees (hired on or after the date the current MOU is ra tified) shall only receive Education Incentive Pay for Fire/Company Officer at the rank of Firefighter or above, or Chief Officer at the rank of Captain or above. Employees can only receive compensation for one certificate at a time. In addition, Firefigh ters must have reached step “D” in their salary range to be eligible.

A. For completion of thirty (30) college units, fifteen of which must be in Fire Science:
$150.00.

B. For completion of an Associate or Bachelor Degree: $40.00 per month.

D. Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Fire/Company Officer, employees shall receive 5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee has confirmed completion of all education and instruction that is required by the CA Office of the State Fire Marshall (OSFM) has been met.

E. Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Chief Officer, employees shall receive 7.5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee has confirmed completion of all education and instruction that is required by the CA Office of the State Fire Marshall (OSFM) has been met.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 15 2.17 Retirement

For employees hired before January 1, 20 13, the City shall maintain in effect the 3% @ 55 CalPERS Retirement Program. Employees hired on or after January 1, 2013 (who do not meet the definition of a CalPERS “Classic” employee) will be covered in the 2.7% @ 57 CalPERS Retirement Program. Effective the first full pay period in January 2012, employees will pay one hundred percent (100%) of the employee’s share of retirement contributions.

2.18 Acting Pay

Employees who have successfully completed the appropriate Position Task Book (PTB) or current qualifications may act out of classification.

The City shall provide “Acting” status pay differential of $30.00 per shift for the rank of Acting Engineer, $40.00 per shift for the rank of Acting Captain, $ 50.00 per shift for Acting Battalion Chief and $60.00 per shift for Acting Chief.

If the assignment is to a vacant position currently be ing recruited for, hours worked shall not exceed 960 hours in a fiscal year in compliance with Government Code 20480.

All positions above the rank of firefighter are eligible to be covered with an acting classification.

To be considered for acting capacity, personnel shall successfully complete their probation in their current position. Personnel will only be allowed to act up into the next rank above their current rank classification.

To be eligible to act up, personnel shall successfully complete the department Position Task Book for the position they will be acting in within 18 months of promotion. The PTB only needs to be completed and confirmed by the Training Chief for eligibility. State Fire Training certification is not necessary to be eligible for acting. All Chief Officers are eligible to act in the capacity of Fire Chief.

2.19 Dues Deduction

There shall be no more than one deduction per pay period and the total of such deductions shall be remitted by the City to the Professional Firefighters Unit accompanied by a list of said dues payers. “Dues” in this cont ext means any deduction voluntarily authorized by a Union member City employee.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 16 2.20 Bilingual Pay

The City agrees to compensate eligible employees for utilization of their bilingual skills as determined by the City pursuant to Administrative Regulatio n 1.12. Eligible employees shall receive a five percent (5%) stipend for the use of their bilingual skills.

2.21 Administrative Pay

Qualified personnel may be temporarily assigned to a 40-hour work week. Those assigned to a 40- hour work week shall receive an additional 7.5% increase to their annual base salary to compensate them for the loss of possible FLSA pay. Their new 40-hour base hourly rate shall be calculated by taking their current base rate x 2,912 hours, multiplying that annual amount by 1. 075, and dividing by 2080, converting their 56 hour a week base rate to a 40 hour a week base rate which includes a 7.5% raise.

Individuals performing in a temporary or permanent 40 -hour assignment shall not negatively impact the bargaining units’ available time off (i.e., vacation, holidays, schooling/training). All employees shall be given a minimum of two weeks’ advance notice when moving from one shift to another.

2.22 Meal Contribution

Employees are required by the City, as a condition of e mployment to contribute financially to meals in the Fire Station at a charge equal to the value to the meal irrespective of whether the employee chooses to eat the meal. Employees shall be solely responsible for any financial or tax liability regarding th is provision. Accordingly, the City shall be held harmless from any such liability. The City also shall not be responsible for maintaining any records or providing administration regarding this provision.

2.23-2.37 [Reserved]

2.38 Jury Duty

Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowance within thirty (30) days from the termination of his/her jury duty service.

2.39-2.45 [Reserved]

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 17 2.46 Pregnancy Leave

The City provides pregnancy disability leave consistent with state law.

2.47-2.59 [Reserved]

2.60 Immunizations

The City will provide the immunization series for hepatitis "B" and tuberculosis testing to all employees.

2.61 Deferred Compensation

Employees covered in this agreement are eligible to receive matched employer contributions for deferred compensation up to $75.00 per pay period.

2.62 Class Attendance

I. With the approval of the Chief Officer, employees may attend local educational courses provided their response posture is maintained. All other classes attended shall be approved by the Fire Chief and shall not reduce the maximum daily staffing by more than one person.

II. The department shall maintain a policy related to class attendance while on-duty.

2.63 State Disability Leave and Paid Family Leave

State disability insurance and paid family leave are provided to all employees within this unit at the employees cost. State disability payments may be available to employees who cannot work due to sickness or injury not job related. State disability payments shall be integrated with sick leave b alances. To the extent that accumulated sick leave or vacation leave is available, the employee will continue to receive a regular payroll check. State disability insurance payments received by the employee from the State shall be turned in to the City u pon receipt by the employee. When such checks are received by the City, that portion of the sick leave or vacation leave used, equivalent to the dollars received from the State, shall be reimbursed to the employees’ balances. At such time that the employ ee no longer has balances to reimburse, the employee is no longer required to submit the state disability payment to the City.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 18 2.64 Family and Medical Leave Act

The City provides family and medical leaves of absence consistent with state and/or federal law.

2.65 Survivor Death Benefit

The City shall use the Indexed Level of Survivor Death Benefits in accordance with State law and CalPERS rules and regulations.

2.66 Per Diem

The City shall pay per diem at the current IRS approved rate when overn ight travel is required.

The daily commuter allowance shall be $10.00 per day. The per diem for travel day shall be paid at the current IRS approved rates. No food receipts will be required for the per diem or commuter allowance.

Travel reimbursements to employees will occur within forty-five (45) days of the completed claim being submitted to the Finance Department.

A City issued CAL CARD Credit Card is issued to the Fire Chief for department use in order to arrange travel arrangements.

2.67 Residency Requirement

There shall be no residency requirement for employees caused by this Memorandum of Understanding.

2.68 Shift Trades

Pursuant to Article 12 of the Hanford Fire Department Rules, Regulations and General Order, the City will allow parties involved in the trade to utilize standard operating procedures.

2.69 Linen Replacement

Employees shall furnish their own linen including pillow, pillowcase, top and bottom sheets, bath towel and washcloth. The City shall furnish a mattress pad, a blanket, and a bedspread for each bed.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 19 2.70 Smoking Policy

Any person hired by the City of Hanford after January 1, 1987, to provide fir e suppression/prevention services in a sworn capacity, as a condition of employment, shall refrain from using tobacco either on or off duty during his or her tenure of employment.

2.71 Substance Abuse Policy

The Professional Firefighters Unit shall be governed by the City's Substance Abuse Policy.

2.72 Longevity Pay

Upon completion of ten (10) consecutive years of active service with the City of Hanford, employees shall receive an additional five percent (5%) above their base wage in recognition of longevity pay. Active service shall be defined as an employee who is in a continued pay status and an employee who is on approved leave (including paid or unpaid military leave). Time off for discipline leave shall not be time counted towards longevity, but such leave shall not constitute as a break in active service as it relates to longevity.

2.73 Management Leave

The City shall provide a Management Leave Plan. Management Leave will be provided to the position of Battalion Chief assigned to an administrative position only (40-hour work week) who shall serve in the assignment for a minimum of ten (10) months of the calendar year.

Effective PP001 Battalion Chief assigned to an administrative position shall receive 64 hours of Management Leave. I t is preferred that Management Leave be used as time off. An employee may also cash out their Management Leave or convert their pay out to deferred compensation by completing the required form and returning it to the Human Resources office in advance of t he payroll deadline. Any Management Leave hours not taken by PP025 will be cashed out in PP026.

Under no circumstances shall available Management Leave hours be carried over to a new calendar year.

Eligible employees who are hired throughout the year wil l receive a pro -rated amount of Management Leave hours and shall follow the Management Leave Plan as noted in the paragraph above.

Eligible employees who leave the City of Hanford with Management Leave hours available will be cashed out their balance in their final paycheck.

Effective upon agreement approved by City Council in 2022, Fire Captains and Battalion Chiefs assigned to shift will no longer receive Management Leave. Battalion Chiefs moving from an administrative position to a shift schedule shall be provided their Management Leave balance.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 20 2.74 Life Insurance

Effective January 1, 2023, the City will pay the premium of a group life insurance policy (amount to be determined). They City also provides employees an option to purchase additional life insurance at the employee’s expense.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 21 SECTION 3

3.01 Disciplinary Action

Notwithstanding any provision in existing City or Department Policy, and notwithstanding any provision in previously negotiated Memoranda of Understandin g, employees covered under this MOU shall have all rights afforded firefighters in sections 3250 -3262 of the California Government Code, including but not limited to the right to an administrative appeal from any “punitive action,” as that term is defined in Government Code section 3251(c). It is further agreed that Local 3898 and the City agree to meet and confer in good faith to finalize administrative appeal procedures consistent with the requirements of Government Code section 3254 within three months of the execution of this document.

The City shall ensure protection for any member that comes forward regarding an issue that arises from a legally protected claim that may rise to the level of internal/external investigation.

I. Definition - As used, “dis ciplinary action” shall mean reduction in salary, demotion, suspension or discharge.

II. This Section shall not apply to reductions in force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

III. Causes for Disciplinary Action.

Causes for disciplinary action against any employee may include, but shall not be limited to, the following:

A. Fraud in securing appointment;

B. Neglect of duty;

C. Insubordination;

D. Dishonesty;

E. Intoxication or under the influence of alcohol while on duty;

F. Possession, distribution, sale or use, or being under the influence of illegal drugs while on duty;

G. Absence without leave;

H. Conviction of a felony or conviction of a misdemeanor;

I. Immorality;

J. Discourteous treatment of the public or other employees;

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 22 K. Improper political activity as defined by California Law;

L. Willful violation of safety, endangering property and persons;

M. Misuse of City property;

N. Inefficiency or incompetency;

O. Violation of any of the provisions of these worki ng Rules and Regulations, or departmental rules and regulations;

P. Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the City; and

Q. Refusal to take or subscribe to any oath or affirmation which is required by law in connection with City employment;

IV. Persons by Whom Disciplinary Action May be Taken.

An Employee’s Department Head or other person designated by the City Manager may take disciplinary action against an employee as specified in this Section.

V. Notice of Proposed Disciplinary Action – Regular Employees.

Written notice of the proposed discipline to be imposed shall be served on a regular employee personally or sent to his/her address of record by Certified Mail not less than ten (10) calendar days prior to the date of the proposed action. If served by Cer tified Mail, such notice shall be effective and constitute receipt by the employee upon deposit in the United States Post Office. Such Formal notice shall include:

A. A statement of the nature of the disciplinary action;

B. The effective date of the proposed action;

C. A statement of the causes therefore;

D. A statement in ordinary and concise language of the act or omissions upon which the causes are based;

E. A copy of the materials upon which the disciplinary action is based;

F. A statement informing the employee o f his/her right to appeal the decision as provides in this section.

VI. Right to Respond – Regular Employees.

Any regular employee shall hav e the right to respond, either orally or in writing, to the authority imposing disciplinary action and have the respon se considered prior to the

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 23 discipline being imposed. Unless otherwise specified in writing by the authority proposing discipline, such a response must be made within ten (10) calendar days after receipt of the written notice of the proposed disciplinary a ction. Failure to respond within such period constitutes a waiver of the right to respond. However, failure to respond shall not affect the employee’s right to appeal the disciplinary action as provided in this Section. After reviewing the employee’s response, if any, the authority imposing discipline shall formally notify the employee in writing of his decision to dismiss, modify or impose the proposed discipline.

VII. Right of Appeal – Regular Employees.

Any regular employee shall have the right of appeal from any disciplinary action under this Section. Such appeal must be filed in writing with the City Manager within ten (10) calendar days of the date of service of notice of disciplinary action. Failure to file an appeal within such period constitutes a waiver of right of appeal.

VIII. Hearing – Regular Employees.

If the employee or his representative chooses to exercise his right to appeal as stated in section 4.01 (VII), the following will apply:

A. Hearing Officer Selection.

The employee (or his/her representative) and the City, within ten (10) calendar days of the appeal, shall jointly pick a Hearing Officer to hear the appeal. If the parties are unable to agree on a Hearing Officer within this timeframe, the employee (or his/her representative) and the City shall, jointly request a list of names of five (5) neutrals from the California State Mediation and Conciliation Service. Within five (5) calendar days after receiving the list of neutrals, the employe e (or his/her representative) and the City shall select a Hearing Officer from that list by alternately striking names from the list. The first option to strike shall be determined by lot.

B. Cost of Hearing.

The cost of the services of the Hearing Officer shall be borne by the losing party.

In the event the Hearing Officer makes a compromise decision, he/she shall determine the costs to be borne by each party based on the relative merit of their respective cases.

C. Schedule of Hearing.

The Hearing shall, wh en practicable, be held within twenty (20) calendar days of the selection of the Hearing Officer.

D. Continuance of Hearing.

The Hearing Officer may continue the hearing either for the convenience of the City or upon written application of the appellant, fo r a reasonable period from the receipt of the request for extension. Written notice of the time and place of the hearing, and any continuance thereof, shall be provided to the appellant.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 24 E. Conduct of Hearing.

1. Such hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code, except that the appellant and other persons may be examined as provided in Section 19580 of the Government Code, and the parties must submit all prop er and competent evidence in support of their position to the hearing officer. The Hearing Officer shall determine the need for counsel and the procedures under which the hearing will be conducted. Such procedures shall comply with State Law and the provisions of this section.

2. The hearing shall be closed to the public, except to necessary parties, unless the appellant or employee organization on the appellant's behalf requests in writing, that the hearing be open to the general public and such a request is granted by the hearing officer. All witnesses, except the appellant and necessary parties, shall be excluded from the open hearing process.

F. Advisory Findings.

The findings of the Hearing Officer shall be rendered within fifteen (15) calendar days of the hearing, or within a reasonable time thereafter, and shall be advisory only to the City Manager. In the event that the discipline was initially imposed by the City Manager, the hearing officer's findings shall be advisory, instead, to the City Council, which shall make the final decision. Nothing in these rules shall be construed as to bind the City, City Manager, or City Council to any findings of the neutral Hearing Officer.

IX. Decisions – Regular Employees.

A. City Manager.

The City Manager shall render a written decision within ten (10) calendar days after receiving the advisory findings of the Hearing Officer. The City Manager's decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant. If the disciplinary act ion taken against the employee is reversed or modified by the City Manager, the employee may be compensated, in whole or in part, for the time lost as determined by the City Manager.

B. City Council.

In the event the discipline was initially imposed by the City Manager, the City Council shall consider the advisory findings of the Hearing Officer and shall render a final and conclusive decision within fifteen (15) calendar days of the receipt of the Hearing Officer's advisory decision. If the disciplinary action taken against the employee is reversed or modified by the City Council, the employee may be compensated, in whole or in part, for any time lost as determined by the City Council.

X. Representation.

The employee may appear in person at the hearing or be represented by counselor another representative. Any City employee other than those appointed to management and

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 25 confidential classifications, shall be permitted to represent another City employee or group of City employees at an appeal hearing.

XI. Failure of Employee to Appear at Hearing.

Failure of the employee or representative to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the City Manager or Department Head shall be final.

XII. Notice to Witnesses.

The City Manager shall issue subpoenas for witnesses of the employee upon his/her written request and at the employee's cost consistent with the requirements of Government Code sections 11450.05 et seq. The City Manager may require such cost to be prepaid and the same shall be limited to the fee and mileage of witnesses as set forth in Government Code section 1 1450.40.

XIII. Effective of Certain Disciplinary Actions.

A. Disciplinary Probation.

Employees placed on disciplinary probation shall not accrue vacation, sick leave, or earned time for salary review while on such probation.

B. Suspension.

Employees suspended from the municipal service shall forfeit all rights, privileges, and salary while on suc h suspension with the exception of group health and life insurance benefits.

C. Discharge.

Employees terminated pursuant to this Section shall be paid salary, vacation, or paid days in lieu of holidays accumulated to the effective date of termination.

XIV. Releasing of Information.

The City will comply with state laws regarding public disclosure of disciplinary personnel actions. With respect to release of information regarding disciplinary personnel actions to the news media, no information will be released without prior approval of the City Manager.

XV. Actions Not Subject to Section 4.01.

A. Oral Reprimand.

Employees receiving an oral reprimand may have it noted in their departmental record by the Department Head. Oral reprimands are not subject to appeal.

B. Written Reprimand.

1. Employees receiving a written reprimand shall have a copy of the reprimand filed in their permanent record for future reference. Each

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 26 employee's permanent record is his/her personnel jacket kept in the Personnel Office.

2. Employees who receive written reprimands may attach written responses or rebuttals to the reprimand which shall also become part of the employee's official personnel file. Written reprimands are not subject to appeal.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 27 SECTION 4

4.01 Grievance Procedures

The entire grievance procedure is listed in this document for convenience. The City does not waive any rights by listing.

I. Purpose of Section.

Grievance procedures for employees are provided herein to:

A. Promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations;

B. Afford employees individually or through a qualified employee organization a systematic means of obtaining further considerations of problems after every other reasonable effort has failed to resolve them through discussions;

C. Provide that grievances shall be settled as near as possible to the point of origin; and

D. Provide that grievances shall be heard and settled as informally as possible.

II. Definition and Matters Subject to Grievance Procedures.

A. A Grievance is Defined as Follows:

An alleged violation or improper application of the City or departmental rules and regulations and/or the current MOU, filed by one or more employees.

B. Matters Subject to Grievance Procedures.

Any City employee shall have the right to present a grievance concerning improper application of City or departmental rules, regulations, and/or current MOU for which appeal is not provided or is n ot prohibited under Chapter 10 of the City of Hanford Personnel Rules and Regulations.

III. Informal Grievance Procedure.

A. An employee should first attempt to resolve a grievance or complaint through discussion with his/her immediate supervisor no later than twenty (20) days after the employee knew or should have known of the occurrence of the incident which gave rise to the grievance. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate superior, if any. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision.

B. If the employee is not in agreement with the decision reached through such

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 28 discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her superior or superiors. An informal grievance shall not be taken above t he Department Head.

IV. Formal Grievance Procedure.

Formal grievance procedure after exhaustion of the informal grievance procedure shall proceed as follows:

A. Department Review.

The grievance shall be presented in writing to the employee's Department Head who shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance in writing to the City Manager.

Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total twenty -five (25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.

B. City Manager Review.

1. Upon receiving the grievance , the City Manager or his/her designated representative shall discuss the grievance with the employee, and the employee’s representative, if any, and with all other appropriate persons.

The City Manager may designate a fact-finding committee or an officer not in the normal line of supervision to advise him/her concerning the grievance.

2. The City Manager shall render a decision in writing to the employee within twenty (20) calendar days after receiving the grievance. The decision of the City Manager shall be final.

V. Conduct of Grievance Procedure.

A. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.

B. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her grievance at any level of review.

C. Employees shall be free from reprisal for using the grievance procedure.

D. While employees are not discouraged from using the grievance procedure, attempts to resolve grievances at the informal stage is essential if the stated purpose of the procedure is to be met. Therefore, failure to follow the provisions as set

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 29 forth in Section 4.01 (III) prior to advancing to the formal stage in 4.01 (IV) shall constitute grounds for the official rejection of the grievance.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 30 SECTION 5

5.01 Layoff Procedures

I. An employee may be separated from employment (laid off) under this section by the Personnel Officer for the following reasons: a shortage of work, lack of funds, material change in duties or organization, in the interest of economy, to reduce the staff of any City function, or the return of another City employee occupying the same position from a leave of absence. The order of separation due to a lay -off shall be based upo n class, type of appointment and seniority.

II. Seniority List.

The Personnel Officer shall establish seniority lists based on employee length of service.

Such lists shall be established on a departmental basis.

III. Seniority Score Computation.

A. Total seniority credits shall be counted from the initial date of hire under any type of appointment, as long as there has been no break in service; otherwise total seniority credits shall be counted from the first day of employment following the last break in service. Prior lay-off does not constitute a break in service.

B. One point of seniority credit shall be counted for each qualifying month of service.

For other than full-time employment, 160 hours worked shall be equivalent to one month of service and seniorit y credit shall be given upon the completion of each 160 hours worked.

C. Authorized leave of absences without pay shall not be considered breaks in service, but shall not count toward seniority credit.

D. No matter what the class, the service credits will be calculated the same. There will be no preference for special classes.

E. When two or more employees have the same total seniority score, the tie shall be broken and preference given: first to the employee with the greatest seniority in the class in which lay -off is being made, then the employee with the greatest seniority in the department of lay -off, finally the employee whose name is drawn by lot by the Personnel Officer.

IV. Order of Separation.

A. Separation (lay-off) of employees shall be in the order in which their names appear on the seniority list for the affected class, with those persons having the least seniority credit being the first separated, except as provided in 5.01(IV)(C).

B. Employees in the same class shall be separated during a redu ction in force (lay -

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 31 off) according to the type of appointment under which they serve, in the following sequence: First part-time, then probationary, and finally permanent.

C. The lay-off of employees in grant funded positions shall be guided by pertinent regulations set forth in the grant contract. If a grant does not provide guidelines for lay-off, then the lay-off of employees occupying all grant funded positions shall be determined by the availability of the grant funds, except that such employees may be displaced by qualified probationary or permanent employees in the same department who are scheduled for lay -off and who have a greater number of seniority credits.

V. Voluntary Demotion in Lieu of Lay-off.

An employee scheduled to be laid off may volunta rily demote to a lower class when the lower class has similar duties, responsibilities and requirements as designated by the Personnel Officer, providing the total seniority credits of the demoting employee exceed the total seniority credits of the employee in the lower class. Employees may also demote to any previously held position wherein their performance had been judged to be satisfactory, so long as their seniority credit exceeds that of the person occupying that position. To be considered for volun tary demotion in lieu of lay -off, an employee must notify the Personnel Officer in writing of this election no later than seven calendar days after receiving notice of lay-off.

VI. Re-Employment Lists - By Class.

The Personnel Officer shall establish a re-employment list, which will be valid for two (2) years from the date of employee lay -off and shall pertain to each class in which a lay -off occurs. Such lists shall contain the names of permanent employees who were laid off or demoted in lieu of lay -off from that class. Names shall be placed on the re -employment list in the order of total seniority, with the highest seniority being first on the list. Any remaining benefits at the time of lay-off shall be restored upon rehire.

VII. Department Re-Employment Lists.

A re-employment list shall be established for each department in which a lay -off occurs.

Such lists shall be prepared in accordance to the procedures set forth in 5.01(VI).

Appointment shall be made from the highest available eligib le on the department re - employment list, who has expressed a willingness to accept re -employment. An employee's name shall be removed from the re -employment list if said employee fails to reply to an offer of employment within ten (10) calendar days after receipt of such offer or, failing to report for work after acceptance.

VIII. City Re-Employment List.

A re-employment list shall also be established on a city -wide basis. In the absence of a department re-employment list, the city-wide list shall be used to fill vacancies under these procedures. Individual names shall be removed from the City list if such individual rejects or fails to reply to an offer for re -employment within ten (10) calendar days after receipt

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 32 of the offer or to report for work after a cceptance. Employees appointed from a City re - employment list may be required to serve a new probationary period. Any employee laid off for a period of six (6) months or longer will be required to meet City medical standards.

IX. Lay-Off of Probationary Appointments as a Result of Promotion.

If an employee with permanent status is promoted and a lay -off occurs during the probationary period and such employee is scheduled to be laid off, the employee shall be entitled to return to the former position. If a lay-off occurs in the position (class) to which the employee returned, the procedures established in this Section shall apply and shall be followed.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 33 SECTION 6

6.01 Conclusiveness

I. Unless otherwise stated, the provisions expressly stated in this MOU may be altered, changed, added to, deleted from or modified only through the voluntary mutual consent of the Professional Firefighters Unit and the City in a written and signed amendment to this agreement.

II. The Professional Firefighters Unit and the C ity agree that during the negotiations which resulted in this MOU, each had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation.

III. Therefore, during the term of this ag reement, neither the City nor the Professional Firefighters Unit shall be obligated to meet and confer on any matter:

A. Whether or not specifically referred to in this MOU;

B. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations; or
C. Whether or not the matters were proposed and later withdrawn during negotiations.

IV. However, in order to meet an emergent situation, the City may change a written policy affecting wages, hours and other terms and conditi ons of employment which is not specifically set forth in this MOU. The City shall notify the Professional Firefighters Unit of its intention to do so. If the Professional Firefighters Unit does not respond within ten (10) calendar days from the date of mailing of such notification, the City shall assume that the Professional Firefighters Unit does not wish to meet and confer on the change in policy.

In an emergency, the City retains the right to take such action immediately. The Professional Firefighters Unit will be offered the opportunity to meet and confer as soon as practicable.

6.02 Accumulation/Vesting

The City and the Professional Firefighters Unit agree that nothing contained in this MOU shall be interpreted as to imply or permit the accumulation or vesting of any written or unwritten employee right or privilege beyond the termination date of this MOU.

6.03 Savings Clause

If any article or section of this MOU or any addendum thereto shall be held to be invalid, such section or provision shall be immediately suspended and be of no force or effect. The parties shall meet and confer immediately thereafter for the purpose of arriving at a mutually satisfactory replacement for such section or provision. Invalidation of a part or portion of this MOU shall not invalidate any remaining portions unless those remaining portions were contingent upon the

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 34 operations of the invalidated section.

6.04 Non Discrimination

Both the City and the Professional Firefighters Unit agree that they shall not unlawfully discriminate against any employee on the basis of age, race, sex, creed, color, national origin, ancestry, pregnancy, marital status, disability/handicap, medical condition, or sexual orientation.

Neither the City nor the Professional Firefigh ters Unit shall interfere with, intimidate, restrain, coerce, or discriminate against any employee because of the exercise of rights to engage or not engage in lawful activity.

6.05 Term of Memorandum

Except where otherwise specifically stated, the provisions of this MOU shall be effective for the period of July 1, 2022, to June 30, 2025.

The provisions of this MOU shall not, however, take effect until ratified by both the City Council and the general membership of the Professional Firefighters Unit.

6.06 Reopener

If at any time during this MOU, it becomes apparent that demonstrable impacts of the new Shift Employees – Smooth Bank Hours language as outlined in Section 2.01 or Acting Pay procedures as outlined in Section 2.18 are not in the best interest of the City, or Professional Firefighters Unit, both parties agree to meet and confer at the earliest time possible in an effort to reach concurrences for an equitable and reasonable resolution.

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding) 35 Agreed upon July 12, 2022

For the City:

/s/ /s/
Che Johnson Chris Tavarez
Partner – Liebert Cassidy Whitmore Finance Director

/s/ /s/
Sarah Cardoza Steve Pendergrass HR Manager Fire Chief

For Hanford Firefighters Local 3898, HPFF:

/s/ /s/
Michael Pugh Dustin Costa
Labor Relations Consultant - Mastagni Holstedt APC President

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Attachment: HPFF MOU 2022 -final (Admin: HPFF Memorandum of Understanding)

AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: H

SUBJECT:

City Attorney: Adoption of Resolution 22-32-R declaring the City-owned parking located immediately west of the Comfort Inn on Sixth Street (southeast corner of Sixth and Redington Streets) to be surplus property; and adopt Notice of Exemption 2021-58, which determines that sale of the lots is exempt from environmental review.

FISCAL IMPACT:

ATTACHMENTS:
2022.07.12 CC Staff Report - Comfort Inn Parking Lot
Resolution 22-32-R w map
City of Hanford Parking Lease Agreement
Attachment 1 - Notice of Exemption

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STAFF REPORT
July 19, 2022

PROJECT: Adoption of Resolution 22-32-R declaring the City-owned parking located immediately west of the Comfort Inn on Sixth Street (southeast corner of Sixth and Redington Streets) to be surplus property and adoption of Notice of Exemption 2021-58.

STAFF RECOMMENDATION

Staff recommends that the Council: (i) adopt Resolution 22-32-R declaring the City-owned parking located immediately west of the Comfort Inn on Sixth Street (southeast corner of Sixth and Redington Streets) to be surplus property ; and (ii) adopt Notice of Exemption 2021 -58, which determines that sale of the lots is exempt from environmental review.

RECOMMENDED MOTION

1. I move to approve Resolution 22-32-R.

2. I move to approve Notice of Exemption 2021-58.

BACKGROUND

The subject property is located on the southeast corner of Sixth and Redington Streets (APN 012- 086-004) and is the location of a current city -owned public parking lot. See the property aerial, shown in Figure 1.

Figure 1: Property Aerial

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In 2000, th e City and Hanford Investors, Inc. (HI), the developer of the Comfort Inn Hanford Lemoore, executed a Parking Space Lease (Lease). Under the Lease, HI has the exclusive use of the 75-stall parking lot from 6:00 p.m. to 8:00 a.m. each day, and the parking lot serves as public parking from 8:00 a.m. to 6:00 p.m. each day. In other words, the parking lot serves as the hotel’s required off-street parking. A copy of the Lease is attached.

HI is leasing the hotel property to A2Z Investments, LLC (A2Z) and ass igned the Lease to A2Z.

A2Z is in the process of purchasing the hotel property and approached the City about purchasing the parking lot. A2Z intends to improve the parking lot after it purchases the hotel. A2Z is taking out a loan to purchase the hotel and improve the parking lot and must offer the parking lot as partial security for the loan. In order to do so, A2Z must own the parking lot.

City Staff consulted with Michelle Brown, the executive director of Main Street Hanford, to gauge the necessity of the lot for public use and to determine if the downtown organization had objection to the sale. Ms. Brown confirmed that the organization did not obje ct to the sale of the lot for exclusive use by the hotel.

If sold, the funds from the sale of the parking lot would be set aside in the City’s parking fund and the monies can be utilized for the acquisition of replacement property on which a downtown parking structure may be built. Therefore, the proceeds from the sale of the public parking lot, which is currently underutilized and inaccessible during nighttime hours by the general downtown public, would be earmarked for a project that would provide for a greater parking benefit to the downtown area.

The public parking lot east of the hotel will not be declared surplus and will remain for public use.

The site is designated in the General Plan as Downtown Mixed Use (see Figure 2) and zoned MX-D Downtown Mixed Use (see Figure 3), in accordance with the General Plan.

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Figure 2: General Plan Designation (outlined in red)
Downtown Mixed Use

Figure 3: Zoning (outline in red)
MX-D Downtown Mixed Use

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Background

Prior to the sale of property, the Council must declare the property surplus , and the City must satisfy surplus property requirements of Government Code Section 54220, et seq. One (1) mandate requires the City to provide written notice to housing, park and open space, and school entities and agencies informing them of an opportuni ty to purchase the parking lot. The entities and agencies will be given sixty (60) days to respond to the surplus property notice. Following the sixty (60) day notice period, if no agency or entity expresses an interest in the property, the City may negotiate sales terms with A2Z.

By adopting Resolution 22-32-R, the Council will declare the parking lot surplus and will direct the City Manager to send the required surplus property notice to housing, park and open space, and school agencies and entities. The Resolution further directs the City Manager to negotiate sales terms with A2Z if no agency or enti ty receiving the required surplus property notice expresses interest in the property. The City Manager will submit the negotiated terms to the City Council for consideration and approval at a future meeting. The property will not be sold until the Counci l approves the sales terms.

General Plan Consistency

California Government Code Section 65402 requires that the declaration of property as surplus and the disposition of City-owned real property be reviewed by the Planning Commission for determination as to whether the sale and declaration as surplus conforms to the City’s adopted General Plan.

On July 12, 2022, the Planning Commission determined that the sale of the parking lot is consistent with the City’s 2035 General Plan, adopted April 24, 2017. Specifically, the Planning Commission determined that the proposed of the parking lot is consistent with the following sections of the General Plan:

Policy E35 Downtown Infrastructure Improvements

Maintain parking, lighting, landscaping, sid ewalk and other public improvements that support business activity and movement in the Downtown.

Policy E38 Downtown Parking

City to provide adequate shared public parking in the downtown area to encourage greater land use density.

3.6.3 Downtown Mixed use

Policy L69 Purpose of Downtown Mixed Use Land Use Designation

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Establish the Downtown Mixed Use land use designation as a unique pedestrian-oriented, multi- story, concentrated area of shopping, entertainment, eating establishments, high density housing, and offices primarily served by on -street or public parking concentrated in the historic center of Hanford to serve the entire community.

Policy L130 Downtown Off-street Parking

Provide public off-street parking facilities within the Downtown.

4.4 Parking

Vehicle parking policies encourage efficient and adequate parking, avoid negative effects on the pedestrian environment or surrounding neighborhoods and support the City’s goals for complete streets, walkability, bikeability and effective transit.

Parking Goal

Goal T7: Adequate parking and loading facilities, especially in the Downtown.

4.4.1 Public Parking

Policy T60 Downtown Public Parking

Work with Downtown property owners and organizations to maintain an adequate supply of shared, public parking in the Downtown.

Analysis: The General Plan goals and policies highlight the need to maintain and develop public parking facilities. If sold, the proposal would convert an existing public lot to an exclusively private parking lot. However, the sale of the public lot, which is exclusively used by the hotel between the hours of 6 :00 p.m. and 8:00 a.m., would benefit the downtown parking fund and support the General Plan’s goals and policies by providing funds for future development of a public parking facility that would better serve the downtown public by unrestricted hours of use. Therefore, the declaration of the property as surplus and the disposition of the property is consistent with the General Plan, with the s tipulation that the funds from the parking lot’s sale be reserved for the downtown parking fund.

ENVIORNMENTAL ASSESSMENT

Pursuant to Section 15312 of the California Environmental Quality Act Guidelines (CEQA), the sale of surplus government property is considered exempt from further environmental review, see Attachment 1.

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Attachment: 2022.07.12 CC Staff Report - Comfort Inn Parking Lot (City Attorney: Adoption of Resolution 22-32-R) RESOLUTION NO. 22-32-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD,

CALIFORNIA, DECLARING THE PARKING LOT LOCATED AT THE SOUTHEAST

CORNER OF SIXTH AND REDINGTON STREETS TO BE SURPLUS PROPERTY At a regular meeting of the City Council of the City of Hanford, duly called and held on July 19, 2022, at 7:00 p.m., it was moved by Council Member and seconded by Council Member and duly carried that the following resolutions be adopted:

WHEREAS, the City of Hanford ("City") owns the parking lot located at the southeast comer of Sixth and Redington Streets ("Property"); and
WHEREAS, the Property is identified as Parcel 3 of the Record of Survey attached hereto as Exhibit "A," which is incorporated herein by reference; and WHEREAS, A2Z Investments, LLC ("A2Z") has expressed interest in purchasing the Property; and
WHEREAS, A2Z currently leases the Property under that Parking Space Lease ("Lease") dated October 1, 2000; and
WHEREAS, under the Lease, A2Z possesses the exclusive right to utilize the Property between the hours of 6:00 p.m. and 8:00 a.m. each day; and WHEREAS, the Property serves as public parking only between the hours of 8:00 a.m. and 6:00 p.m. each day;
WHEREAS, if the property is sold, the proceeds may be utilized to acquire replacement property on which a downtown parking structure may be built; and WHEREAS, a downtown parking structure would provide for a greater parking benefit to the downtown area.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hanford hereby declares the Property to be surplus.

RESOLVED FURTHER, the City Manager is hereby authorized and directed to send a written offer ("Surplus Property Notice") to sell or lease the Property to those public agencies identified in Government Code Section 54222.

RESOLVED FURTHER, the City Manager shall, in accordance with surplus property provisions of the Government Code, negotiate the terms of sale or lease of the Property with any public agency that responds to the Surplus Property Notice and expresses an interest in the Lots.

RESOLVED FURTHER, if no agency or entity that receives the Surplus Property Notice desires to purchase or lease the Property or if the City is unable to successfully negotiate a sale or 1 13.H.b
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Attachment: Resolution 22-32-R w map (City Attorney: Adoption of Resolution 22-32-R) lease with an interested agency or entity, the City Manager is hereby authorized and directed to negotiate the sale of the Property to a private party.

RESOLVED FURTHER, the City Manager is directed to provide the Council, for its review and approval, those terms that the City Manager negotiates in accordance with this Resolution.

RESOLVED FURTHER, the Property will not be sold or leased until applicable terms are approved by the City Council.

PASSED, ADOPTED AND APPROVED this 19th day of July, 2022 by the following vote:

AYES:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NOES: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
ABSTAIN:~~~~~~~~~~~~~~~~~~~~~~~~~~
ABSENT: ~~~~~~~~~~~~~~~~~~~~~~~~~~~
Attest:

NATALIE CORRAL

CITY CLERK
Approved
2 KALISH MORROW
Mayor

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Attachment: Resolution 22-32-R w map (City Attorney: Adoption of Resolution 22-32-R)

STATE OF CALIFORNIA)
COUNTY OF KINGS ) ss

CITY OF HANFORD )
I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a special meeting of the City Council of the City of Hanford held on the 19th day of July, 2022.

Date: _ _ _ ____ _
City Clerk
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Attachment: Resolution 22-32-R w map (City Attorney: Adoption of Resolution 22-32-R) EXHIBIT "A"
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Attachment: Resolution 22-32-R w map (City Attorney: Adoption of Resolution 22-32-R) 15 Record of Survey

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Attachment: Resolution 22-32-R w map (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R)

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Attachment: City of Hanford Parking Lease Agreement (City Attorney: Adoption of Resolution 22-32-R) Notice of Exemption 2021-58

To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044

County Clerk
County of Kings
Kings County Government Center
Hanford, CA 93230

From: City of Hanford
317 North Douty Street
Hanford, CA 93230

Project Title: Declaration of Surplus/Disposition of Real Property

Project Location – southeast corner of Sixth and Redington Streets (APN 012-086-004).

Project Location – City: Hanford Project Location – County: Kings County

Description of Nature, Purpose and Beneficiaries of Project: The declaration as surplus and disposition of real property located at the southeast corner of Sixth and Redington Streets (APN 012-086-004) for use as a private parking lot for a hotel. The site is currently a semi-public parking lot available to the public between the hours of 8:00 a.m. and 6:00 p.m. and reserved for private use by the hotel between the hours of 6:00 p.m. and 8:00 a.m.

Name of Public Agency Approving Project: City of Hanford

Name of Person or Agency Carrying Out Project: City of Hanford

Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 152698);
Declared Emergency (Sec. 21080(b)(3); 15269 (a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption: State type and section number: 15312 Surplus Government Property Sales Statutory Exemption. State code number:

Reasons why project is exempt:

The City of Hanford determined the project to be exempt from environmental review pur suant to Section 15312 of the California Environmental Quality Act (CEQA) Guidelines. Class 12 consists of sales of surplus government properties, except for parcels of land located in an area of statewide, regional, or areawide concern, identified in Sect ion 15206 (b)(4). The property is not located in an area of statewide, regional, or areawide concern.

Lead Agency
Contact Person: Gabrielle Myers Area Code/ Telephone: (559) 585-2578

Signature: Date: July 12, 2022 Title: Senior Planner

Signed by Lead Agency Date received for filing at OPR:

Signed by Applicant

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Attachment: Attachment 1 - Notice of Exemption (City Attorney: Adoption of Resolution 22-32-R)

AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: I

SUBJECT:

Parks and Community Services: Appropriation of an additional $23,352 in Park Impact Fee funds for the closeout of the Hidden Valley Park Fitness Court Installation Project

RECOMMENDATION:

That the City Council, my motion, approve an additional allocation of $23,352 from the Park Impact Fee Reserve Account for installation of the Fitness Court at Hidden Valley Park.

BACKGROUND:

The Council approved the Fitness Court at Hidden Valley Park on May 14, 2021, with an original appropriation of $182,995. This new amenity is a functional circuit-training system featuring a series of full-body exercises that can be completed in seven minutes. It is designed for adults of all ages and accommodates a variety of skill levels and abilities at each station, from beginning to expert.

The construction of the Fitness Court project required a 1,445 square foot concrete slab, installation of the floor and fitness equipment, a 40’ x 40’ shade structure, two park benches, and two trash containers. During the planning and design phase of the project, the National Fitness Campaign (manufacturer) provided a price quote of $55,000 to install the fitness equipment. To reduce expenses, it was decided to complete the installation of the Fitness Court in-house, utilizing staff from the Building Maintenance and Park Divisions.

An error was made during the installation of the rubberized floor tiles, resulting in the incorrect placement of the tiles. This resulted in the need to remove 80% of the floor tiles, which resulted in the need to contract for the adhesive removal, order replacement tiles, and adhesive, and correct re-installation.

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This error was caused by inattention to detail, miscommunication, and lack of supervisory oversight. The installation error also caused a three-week delay in project completion. The Director investigated this error and disciplined all responsible line and supervisory staff. The combined incurred expense is $23,352.

FISCAL IMPACT:

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: J

SUBJECT:

Police: Adoption of Resolution No. 22-31-R, authorizing the acceptance of an award of $68,548 in grant funding from the California Highway Patrol for DUI enforcement and retroactively authorize the Police Chief to execute the Agreement.

RECOMMENDATION:

That the City Council approve the resolution accepting the CHP grant in the amount of $68,548.00 and retroactively authorize the Police Chief to execute the grant agreement.

BACKGROUND:

The Hanford Police Department sought a CHP DUI/DUID (Driving Under the Influence Drugs) Enforcement grant. This was a competitive grant and the original grant request was for $240,000.00. to fund additional personnel, overtime and vehicles.

The Department was notified last month that we were awarded the grant. However, the granting authority, amended the grant to include an award amount of $68,548.00. The amended amount included $41,148.00 for the cost to purchase a dedicated DUI vehicle and $27,000.00 in overtime to cover 12-DUI saturation patrols and 6-DUI checkpoints to be conducted over the next year.

The grant offer required the agreement to be signed within 10 days. After contacting the grant officials, they recognized it was not possible for Council to approve a resolution within 10 days.

Therefore, they instructed staff to sign the grant and then to get the council to adopt a resolution.

The Hanford Police Department has not conducted any events or purchased any items in connection with this grant and are under no obligation to do so should Council not wish to accept these funds.

There are still several questions related to the acquisition of the vehicle and the use and disposition. For instance, the grant requires that the patrol vehicle be a Ford Explorer and the vehicle is to be used for DUI/DUID Saturation details, Checkpoints, community presentations and public events. The vehicle is required to be specifically marked as "DUI Enforcement

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Vehicle". The grant calls for the city to cover the upfitting costs of the vehicle. Currently those costs are $22,000. Due to this being a DUI/DUID vehicle, those costs will be reduced from this amount, but we are waiting for the exact costs from our upfitting vendor and how much extra the acquisition will cost.

The Ford Explorers are increasingly hard to come by and the City may need to petition the grant administrators to change the vehicle type. Once staff receives direction from the State, a future agenda item will be submitted for approval of the vehicle acquisition.

FISCAL IMPACT:

Grant Revenue of $27,400 to cover the cost of overtime incurred for additional DUI Enforcement details. Grant revenue of $41,148 to cover a portion of the costs to acquire an additional vehicle for the DUI enforcement. The acquisition and the upfit a vehicle would cost an estimated $18,000.00 that would need to be funded by the General Fund. Staff will bring back a future agenda item related to the vehicle purchase.

ATTACHMENTS:

GRANT
Resolution CHP GRANT

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol)

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Attachment: GRANT (PD: Resolution to accept grant from California Highway Patrol) RESOLUTION NO. 22-31-R

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD

EXECUTING THE CHP GRANT AGREEMENT FOR DRIVING UNDER THE INFLUENCE ENFORCEMENT (DUI) ENFORCEMENT.

At regular meeting of the City Council of the City of Hanford duly called and held on July 19, 2022, it was moved by Council Member , and seconded by Council Member ______________, and carried that the following resolution be adopted:

WHEREAS, The CHP put out a grant for DUI/DUID enforcement; and, WHEREAS, The City of Hanford was awarded $68,548.00; and, WHEREAS, The grant requires no matching funds; and,
WHEREAS, The grant will enable the Hanford Police Department to conduct DUI checkpoints and enforcement events; and,
WHEREAS, DUI accidents and arrests have increased 26% in the City of Hanford; and, WHEREAS, The grant will provide a vehicle specifically designed for DUI enforcement; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the execution of this agreement.

PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Hanford held on July 19, 2022, by the following vote:

AYES: Council Member ___________________________
NOES: Council Member ___________________________
ABSTAIN: Council Member ___________________________
ABSENT: Council Member ___________________________

Kalish Morrow
MAYOR of the City of Hanford

Attest:

Natalie Corral

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Attachment: Resolution CHP GRANT (PD: Resolution to accept grant from California Highway Patrol)

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss

CITY OF HANFORD )

I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the 19 day of July, 2022.

Date:

City Clerk

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Attachment: Resolution CHP GRANT (PD: Resolution to accept grant from California Highway Patrol)

EXHIBIT A

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Attachment: Resolution CHP GRANT (PD: Resolution to accept grant from California Highway Patrol)

AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: K

SUBJECT:

Public Works: Approve Purchase Orders with Badasci Tire Co., Inc., for the amount of $123,160.00 and Delray Tire and Retreading, Inc., for the amount of $110,320.00 for tire replacements and repairs on all City vehicles and equipment.

RECOMMENDATION:

That the Council, by motion,

1. Approve a Purchase Order with Badasci Tire Co., Inc., of Hanford California for an amount of$123,160.00.

2. Approve a Purchase Order with Delray Tire and Retreading, Inc., of Hanford for an amount of $110,320.00.

3. Authorize the Finance Director to adjust appropriated funds from the approved purchase orders to not exceed the total value of $233,480.00.

BACKGROUND:

A blanket purchase order is the preferred method for placing orders which will require multiple payments over a period of time. The Public Works Department issues some annual blanket purchase orders where the total for each blanket purchase order exceeds the $50,000 limit the City Manager is authorized to approve.

The Department will obtain competitive bids from the listed vendors, even though a purchase order is established, and choose the vendor with the lowest quote and/or that responds the quickest in order to repair/replace the materials essential to public service.

FISCAL IMPACT:

The FY 22-23 Fleet Operations Budget appropriated $233,480.00 for tire repairs and replacements.

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ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: L

SUBJECT:

Public Works: Approve Purchase Orders with Buford Oil Company in the amount of $100,000, Kings Pertoleum, LLC, in the amount of $616,070 and Silvas Oil Co., Inc., in the amount of $160,000, for diesel and unleaded fuels for use on all City vehicles and equipment.

RECOMMENDATION:

That the Council, by motion,

1. Approve a Purchase Order with Buford Oil Company, of Hanford California for an amount of$100,000.00.

2. Approve a Purchase Order with Kings Pertoleum, LLC, of Hanford for an amount of $616,070.00.

3. Approve a Purchase Order with Silvas Oil Co., of Hanford for an amount of $160,000.00.

4. Authorize the Finance Director to adjust appropriated funds from the approved purchase orders to not exceed the total value of $876,070.00.

BACKGROUND:

A blanket purchase order is the preferred method for placing orders which will require multiple payments over a period of time.

The Public Works Department issues some annual blanket purchase orders where the total for each blanket purchase order exceeds the $50,000 limit the City Manager is authorized to approve.

The Department will obtain competitive bids from the listed vendors, even though a purchase order is established, and choose the vendor with the lowest quote and/or that responds the quickest in order to provide the fuel needed to provide essential public service.

Staff is also preparing an multi -year contract for fuel acquisit ion that will be brought to the Council for approval once it is completed.

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FISCAL IMPACT:

The FY 22-23 Fleet Operations Budget appropriated $876,070.00 for fuel purchases.

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: M

SUBJECT:

Public Works: Approve a Purchase Order with UNIVAR Solutions, the amount of $226,000, for liquid chlorine used as a disinfectant for the City's water quality.

RECOMMENDATION:

That the Council, by motion, approve a Purchase Order with UNIVAR Solutions for an amount of $226,000.00.

BACKGROUND:

A blanket purchase order is the preferred method for placing orders which will require multi ple payments over a period of time.

The Public Works Department issues some annual blanket purchase orders where the total for each blanket purchase order exceeds the $50,000 limit the City Manager is authorized to approve.

UNIVAR Solutions is the only local vendor that will deliver CL2 (liquid Chlorine) to the City for use in disinfection of the City’s water system more than once a week. Due to the size of the City’s water system, deliveries are required twice a week to properly disinfect the system. The service provided by this vendor is unique and therefore competitive bids are not applicable.

FISCAL IMPACT:

The FY 22-23 Fleet Operations Budget appropriated $233,480.00 for tire repairs and replacements.

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: N

SUBJECT:

Public Works: Approve Purchase Order with Ennis Paint, Inc., in the amount of $79,110.00, for traffic paint for use on all City streets.

RECOMMENDATION:

That the Council, by motion, approve a Purchase Order with Ennis Paint, Inc., for an amount of $79,110.00.

BACKGROUND:

A blanket purchase order is the preferred method for placing orders which will require multiple payments over a period of time.

The Public Works Department issues some annual blanket purchase orders where the total for each blanket purchase order exceeds the $50,000 limit the City Manager is authorized to approve.

The Department has chosen this vendor because we can work directly with the manufacturer and get competitive bids for the products as they give us the same price per gallon that they give to the State of California, thereby bypassing markup from distributors.

FISCAL IMPACT:

The FY 22-23 Streets Operations Budget appropriated $300,00.00 for street construction and maintenance materials.

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: O

SUBJECT:

Public Works: Authorization to reject all bids and Re-Advertise the Bonnyview Basin - Sand Slough Basin Project

RECOMMENDATION:

That the City Council by motion:

1. Reject all bids received for the Bonnyview Basin - Sand Slough Basin Project

2. Authorize staff to re-advertise the project.

3. Pre-Authorize the City Manager to award and execute the contract on behalf of the City to the lowest responsible bidder providing project bid is within current budget appropriation.

BACKGROUND:

In accordance with Council Action, bids were solicited and opened on June 7, 2022 for the Bonnyview Basin - Sand Slough Basin Project. This project consists of installing a new pump, electrical panel, and mainline outlet to pump this basin downstream during heavy rain events.

Only (1) bid was received, with a base bid of $323,380.08 from Steve Dovali Construction of Fresno CA. A copy of the Bid Tabulation is attached for Council review.

Staff believes that the price for this bid is high for the amount of work being requested and, accordingly, checked with the four planholders to see why only one bid was received. It was determined that most bidders wanted a soils report to ensure what material they would encounter on the project.

With Council approval, staff will obtain a soils report and solicit bids for this project. Project is anticipated to be under construction in late Summer 2022. After bid opening, Staff will examine the bids, validate the lowest bidder's contractor's license status, and verify the contractor is in good standing. Staff is requesting the pre-authorization to award and execute the contract in order to expedite the process of delivery of projects.

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FISCAL IMPACT:

The FY 21/22 Storm Drain Capital Budget provides $252,000.00 for construction of this project including contingency. A copy of the budget page is attached for Council review.

ATTACHMENTS:

Bid Tabulation- Sand Slough Bonney View Basin

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Sand Slough Basin Lift Pump and Force Main to Bonney View Slough 20620000-820647

BID SCHEDULE
Bid Opening June 7,2022 at 2:00 pm
ITEM QUANTITY UNIT Unit Cost Subtotal
1 Site Preparation, Mobilization, Demolition, and SWPPP Implementation 1L S 56,048.18 $56,048.18
2 Install HOMA Submersible 4HP 1750RPM 230V 1Phase 60HZ Pump with rails, stainless steel chain, probes, and all Other Misc. features specified 1L S 7,841.25 $7,841.25
3 1L S 4,795.31 $4,795.31
4 1L S 1,687.50 $1,687.50
5 35 LF 41.85 $1,464.75
6 300 LF 51.13 $15,339.00
7 1E A 337.50 $337.50
8 1L S 18,648.00 $18,648.00
9 1E A 900.00 $900.00
10 1L S 6,710.63 $6,710.63
11 1L S 51,472.69 $51,472.69
12 1L S 18,357.19 $18,357.19
13 1L S 36,655.31 $36,655.31
14 940 LF 51.40 $48,316.00
15 1E A 431.73 $431.73
16 3E A 423.21 $1,269.63
17 4E A 419.13 $1,676.52
18 55 LF 330.41 $18,172.55
19 8L F 476.38 $3,811.04
20 1E A 1,718.67 $1,718.67
21 1E A 2,515.16 $2,515.16
22 1E A 939.46 $939.46
23 2E A 478.79 $957.58
24 1E A 1,531.90 $1,531.90
25 18 LF 155.16 $2,792.88
26 Bolts, Gaskets, Flanges, and Misc. other items to fully connect pump and force main in a working condition 1L S 2,546.92 $2,546.92 27 g
Main, including Brick and Mortar Plug on 42" RCP 1L S 14,191.29 $14,191.29 $321,128.64
Total written in Bid if discrepancy exists Written $323,380.08 6” Lever Check Valve
6” D.I.P. Tee
6”x4” D.I.P. Concentric Reducer
4” Gate Valve
4” Ductile Iron Pipe
6” PVC Elbow, 45°
6” PVC Elbow, 22.5°
6” PVC Elbow, 11.25°
12” RCP CL III SD Pipe
6” Ductile Iron Pipe
6” Gate Valve
Install Electrical Pull Box
Install Reinforced Concrete Deck Lid with Aluminum Hatch Construct Outfall Structure
Install 4’x4’ Precast Concrete Vault w/ H‐20 Rated bolt down Install 60" Wet Well
6” C900 CL150 PVC Pipe
Install and Connect Pump Control Panel
Make Connection to Existing SCE Service
Install 2” SCH 40 Conduit
Install 3” SCH 40 Conduit
Install 3” PVC Elbow
Furnish and Install all electrical wires and connections within Steve Doval Construction

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Attachment: Bid Tabulation- Sand Slough Bonney View Basin (PW: Reject all bids and Re-Advertise the Bonneyview Basin - Sand Slough Basin

AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: P

SUBJECT:

Public Works: Approval of a Purchase Order with Telstar, Inc. in the amount of $172,500 for instrumentation services.

RECOMMENDATION:

That the Council, by motion, approve a Purchase Order with Telstar, Inc. for an amount of $172,500.

BACKGROUND:

A blanket purchase order is the preferred method for placing orders which will require multiple payments over a period of time.

The Public Works Department issues some annual blanket purchase orders where the total for each blanket purchase order exceeds the $50,000 limit the City Manager is authorized to approve.

Telstar Inc. specializes in the installation and maintenance of instrumenta tion systems ("SCADA") and associated software services. Telstar Inc. has been the sole provider of these services for Hanford's water and wastewater systems for many years. They are intimately familiar with the City's systems and can troubleshoot problems rapidly because they provided the original programming and have a Hanford office.

Funding is as follows:
· Wastewater Operations: $160,000
· Sanitary Sewer: $12,500

FISCAL IMPACT:

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The FY 22-23 Wastewater and Sanitary Sewer Operations Budget jointly appropriated $186,785 for miscellaneous contracted services, the vast majority of which is used for instrumentation.

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: Q

SUBJECT:

Public Works: Approve a Purchase Order with Fruit Growers Laboratory in the amount of $80,000 for analytical testing and related services.

RECOMMENDATION:

That the Council, by motion, approve a Purchase Order with Fruit Growers Laboratories in an amount of $80,000.

BACKGROUND:

A blanket purchase order is the preferred method for placing orders which will require multiple payments over a period of time.

The Public Works Department issues some annual blanket purchase orders where the total for each blanket purchase order exceeds the $50,000 limit the City Manager is authorized to approve.

City has used FGL for analytical testing of wastewater samples for several years. City staff delivers samples to FGL four to six times per week; their location in Visalia limits travel time.

In addition to analyzing samples, FGL also schedules collection of samples to comply with discharge permit conditions. The convenient location and type of service provided by this vendor is unavailable from any other nearby vendor, therefore competitive bids are not applicable.

FISCAL IMPACT:

The FY 22-23 Wastewater Operations Budget appropriated $82,590 for "other contractual services", which will be used to fund these services.

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: R

SUBJECT:

Public Works: Authorization to establish a blanket purchase order (BPO) with Zenner Performance Meters for the purchase of replacement water meters and related equipment in an amount not to exceed $300,000.

RECOMMENDATION:

That the Council, by motion, Authorize a Blanket Purchase Order to Zenner in the amount not to exceed $300,000 for the purchase of replacement water meters and related equipment.

BACKGROUND:

A blanket purchase order is the preferred method for placing orders which will require multiple payments over a period of time.

The Public Works Department issues some annual blanket purchase orders where the total for each blanket purchase order exceeds the $50,000 limit the City Manager is authorized to approve.

The City utilizes Zenner Performance Meters for its Automated Meter Reading (AMR) equipment within the water system and for water meters. There are approximately 18,000 Zenner meters installed throughout the water system, and it is prudent to maintain this consistency rather than introducing other brands of equipment.

Although the City will be evaluating a different AMR system in the near future, maintenance of the current system is important and necessary.

FISCAL IMPACT:

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The FY 2023 CIP budget includes $238,945 in the AMR Replacement Account to fund the purchase of replacement AMR equipment and an additional $311,620 to fund the purchase of water meters.

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: S

SUBJECT:

Public Works: Approve a Purchase Order with Thatcher in the amount of $220,000 for bulk chlorine in cylinders to be used at the City's wastewater treatment plant.

RECOMMENDATION:

That the Council, by motion, approve a Purchase Order with THATCHER in an amount of $220,000.

BACKGROUND:

A blanket purchase order is the preferred method for placing orders which will require multiple payments over a period of time.

The Public Works Department issues some annual blanket purchase orders where the total for each blanket purchase order exceeds the $50,000 limit the City Manager is authorized to approve.

Thatcher is the only vendor in the surrounding area that has the ability to deliver one-ton CL2 cylinders to the treatment plant on a routine basis. Deliveries are typically received approximately every other week. The service provided by this vendor is unavailable from any other nearby vendor, therefore competitive bids are not applicable.

Note to Council: There are two staff reports on the July 19, 2022 Council meeting requesting CL2 POs be established. This staff report is for the purchase chlorine in one-ton cylinders for use at the treatment plant. This form of chlorine is 100% pure and requires special equipment and training. The other staff report is for Univar. They supply a 12% chlorine solution for the water system that is similar in charicteristics to industrial strength bleach. The two are not interchangable.

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FISCAL IMPACT:

The FY 22-23 Wastewater Operations Budget appropriated $220,000.00 for chemical purchases.

ATTACHMENTS:

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AGENDA

STAFF REPORT

MEETING DATE: 7/19/2022

AGENDA SECTION: A

SUBJECT:

Parks and Community Services: Public Hearing to Adopt Resolution 22-30-R, approving the Annual Engineer's Report and Intention to Levy and Collect Assessments as outlined, pursuant to Chapter 3 of the Landscape and Lighting Act of 1972, and approve the increases in assessments as proposed.

RECOMMENDATION:

That the City Council conduct the Public Hearing and, by motion, adopt Resolution No. 22-30-R approving the Annual Engineer’s Report and intention to Levy and Collect Assessments pursuant to Chapter 3 of the Landscape and Lighting Act of 1972 for the following districts:

90-01 Pinecastle Addition, Unit No. 1, 2, 3 and 4 - (Located East of 10th Avenue and North of Fargo Avenue)
90-02 Park Monterey, Unit No. 1 and 2 - (Located West of Douty Street and North of Sherwood Drive)
90-03 Mansionette Estates, No. 7 and 8 - (Located West of Douty Street and North Encore Drive)
90-04 Hyde Park - (Located East of 12th Avenue and North of Hanford-Armona Road) 91-01 Sierra Vista (Tract 641)/New Dimensions (Tract 703/713), No. 1, 2, 3, 4, 5 and 6 - (Located West of 11th Avenue and South of Hanford-Armona Road) 92-01 Portofino, No. 1, 2, 3 and 4 - (Located East of Neill Way and South of Fargo Avenue) 92-02 Cielo En Tierra, No. 1, 2, 3, 4 and 5 - (Located West of 11th Avenue and South of Fargo Avenue)
93-01 Vintage Estates - (Located West of 12th Avenue and North of Grangeville Boulevard) 93-02 Walnut Forest, No. 1, 2 and 3 - (Located West of 11th Avenue and North of Hume Avenue)
94-01 Gateway Estates - (Located West of 10th Avenue and North of Encore Drive) 94-02 Stonecrest, No. 1, 2, 3, 4, 5, 6, 7, 8 and 9 - (Located West of 11th Avenue and North of Fargo Avenue)

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94-03 Quail Run Estates, No. 1, 2, 3, 4 and 5 - (Located East of 11th Avenue and North of Pepper Drive)
97-01 Rosewood Estates, No. 1 and 2 - (Located East of 12th Avenue and South of Grangeville Boulevard)
97-02 Summer Field Addition, No. 2 - (Located West 91/4 Avenue and South of Florinda Street)
97-03 Country Crossing, No. 1, 2, 3, 4 and 5 - (Located West of Centennial Drive and North of Lacey Boulevard)
98-01 Crystal Springs, No. 1, 2 and 3 - (Located West of 91/4 Avenue and North of Grangeville Boulevard)
98-02 Mountain View Estates, No. 1, 2, 3, 4, 5 and 6 - (Located West of 11th Avenue and North of Houston Avenue)
01-01 Pacific Grove (Tract 680/777)/N. Pointe (Tract 778), No. 1, 2, 3 and 4 - (Located East of 12th Avenue and North of Grangeville Boulevard)
01-02 Cambridge Homes (Tract 770), No. 1, 2 and 3 - (Located West of 11th Avenue and North of Pepper Drive)
01-03 Poppy Hills, No. 1 and 2 - (Located West of 11th Avenue and North of Pepper Drive) 01-04 Silver Oaks, No. 1, 2, 3, 4 and 5 - (Located West of 12th Avenue and North of Grangeville Boulevard)
02-01 Ashton Park, No. 1, 2, 3 and 4 - (Located West of 12th Avenue and North of Lacey Boulevard)
03-01 La Parc, No. 1, 2 and 3 - (Located West of 11th Avenue and South of Fargo Avenue) 04-01 Sidonia Estates, No. 1 and 2 (Tract 810)/Sidonia Estates II (Tract 814) - (Located East of 12th Avenue and North of Hume Avenue)
04-02 Cambridge Homes (Tract 799)/Majesty II (Tract 830) - (Located East of 11th Avenue and South of Flint Avenue)
04-03 Cambridge Homes (Tract 795/826)/Vineyards (Tract 825), No. 1, 2, 3, 4, 5 and 6 - (Located East of 12th Avenue and South of Fargo Avenue) 04-04 Sierra Heights (Tract 802/803), No. 1 and 2 - (Located West of 9th Avenue and North of Fargo Avenue)
05-01 Mission Park - (Located West of Highway 43 and South of Flint Avenue) 05-02 Copper Valley - (Located West of 12th Avenue and South of Fargo Avenue) 06-01 Quail Park Subdivision - (Tract 794), No. 1 and 2, Located West of 11th Avenue and South of Flint Avenue)
07-02 South Gate Addition - (Tract 811)/Greenbrier Gardens (876)/ Live Oak North (902) - (Located West of 12th Avenue and South of Hanford-Armona Road) 09-01 Victory Estates - (Located West of University Avenue and North of Grangeville Boulevard)
09-02 Independence (Tract 843), No. 1 and 2 - (Located West of 12th Avenue and North of Greenfield Avenue)
14-01 Independence (Tract 843), No. 3 and 4 - (Located West of 12th Avenue and North of Merritt Street)
15-01 Silver Oaks Addition III (Tract 887/922), No. 1, 2, and 3 - (Located West of Centennial Drive and North of West Berkshire Lane)

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15-02 The Greens II (Tract 823) - (Located West of 9 ¼ Avenue and North of Grangeville Boulevard)
16-01 Woodside Homes (Tract 917) - (Located West of Centennial Drive and South of Grangeville Blvd)
16-02 Myderup (Tract 914), No. 1 and 2 - (Located East of 12th Avenue and North of Hume Avenue)
18-01 Bella Vista (Tract 918/919), No. 1, 2, and 3 - (Located West of Centennial Drive and South of Fargo Avenue)
19-01 Pacific Grove Addition No. 2 (Tract 916) - (Located East of 12th Avenue and North of Bristol Lane)
19-02 Enclave (Track 915) - (Located South of Lacey Blvd. and West Centennial Ave.) 20-01 Woodside Homes (Track 928) - (Located North of Centennial Ave and South of 12th Ave.)
21-01 San Joaquin Valley Homes (Track 929) - (Located North of 13th Ave and West of Devon St.)

BACKGROUND:

In accordance with Chapter 3 of the Landscaping and Lighting Act of 1972 (“Act”), an Annual Engineer’s Report addressing adjustments based on a review of the costs of maintenance of public improvements must be prepared and submitted to the City Council for action. The Streets and Highway Code, as referenced in the Act, requires the holding of a public hearing for Districts identified in the Annual Engineer’s Report as showing an increase, decrease or no change in the annual assessment amount.

On July 6, 2022, the public notice and Resolution 22-30-R was published in the Hanford Sentinel newspaper. At this public hearing, the City Council shall consider all public input prior to taking final action on confirming and levying the assessments proposed in the Annual Engineer’s Report. Regarding the Districts identified in the Annual Engineer’s Report as showing an increase in the annual assessment amount, the City Council must consider all protests against the proposed increase in the assessment amount and tabulate any ballots delivered to the City prior to the close of the public hearing. If the ballots submitted in opposition to the increased assessment amount exceed the ballots submitted in favor of the increased assessment amount, the assessment amount shall not be increased. If the increase in the assessment to maintain the current level of service for the existing landscape area is voted down, the current level of service may be reduced. In tabulating the ballots, the ballots shall be weighed according to the proportional financial obligation of each affected parcel of real property.

The Annual Engineer’s Report identifies an increase in the annual ass essment from the previous year and the reasons for the increase, including the imposition of 2.2% Standard Annual CPI Increase (December 2022) in accordance with California Government Code section 53739(b)(1) for the following Districts:

1 .
93-02 Walnut Forest, No. 1, 2 and 3
2 97-01 Rosewood Estates

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.
3 .
01-02 Cambridge Homes (Tract 770), No. 1, 2 and 3
4 .
01-04 Silver Oaks, No. 1, 2, 3, 4 and 5
5 .
02-01 Ashton Park, No. 1, 2, 3 and 4
6 .
04-02 Cambridge Homes (Tract 799)/Majesty II (Tract 830) 7 .
04-03 Cambridge Homes (T 795/826)/Vineyards (T 825),
8 .
04-04 Sierra Heights, No. 1 and 2
9 .
06-01 Quail Park Subdivision (Tract 794), No. 1 and 2
1 0
.
09-02 Independence (Tract 843), No. 1 and 2
1 1
.
15-01 Silver Oaks Addition III (Tract 887/922)
1 2
.
15-02 The Greens II (Tract 823)
1 3
.
16-01 Woodside Homes
1 4
.
16-02 Mynderup, No. 1 and 2 (Tract 914)
1 5
.
19-01 Pacific Grove Addition II (Tract 916)
1 6
.
19-02 Pacific Grove Addition II (Tract 916)
1 7
.
20-01 Enclave (Track 915)
1 8
.
20-02 Woodside Homes (Track 928)

The annual assessment amounts for each affected parcel identifies a decrease or no change in the annual assessments from the previous fiscal year for the following Districts:

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1. 90-01 Pinecastle Addition, Unit 1, 2, 3 and 4

2. 90-02 Park Monterey, Unit No. 1 and 2

3. 90-03 Mansionette Estates, No. 7 and 8

4. 90-04 Hyde Park

5. 91-01 Sierra Vista

6. 92-01 Portofino Estates

7. 92-02 Cielo En Tierra, No. 1, 2, 3, 4 and 5

8. 93-01 Vintage Estates

9. 94-01 Gateway Estates

10. 94-02 Stonecrest, No. 1, 2, 3, 4, 5, 6, 7, 8 and 9

11. 94-03 Quail Run

12. 97-02 Summer Field

13. 97-03 Country Crossing, No. 1, 2, 3, 4 and 5

14. 98-01 Crystal Springs

15. 98-02 Mountain View Estates, No. 1, 2, 3, 4, 5 and 6

16. 01-01 Pacific Grove/N. Pointe, No. 1, 2, 3 and 4

17. 01-03 Poppy Hills, No. 1 and 2

18. 03-01 Le Parc, No. 1, 2 and 3

19. 04-01 Sidonia Estates, (Tract 810), No. 1 and 2/ (Tract 814)

20. 05-01 Mission Park

21. 05-02 Copper Valley

22. 07-02 South Gate Addition (Tract 811), Greenbrier Gardens

23. 09-01 Victory Estates

24. 14-01 Independence (Tract 843), Unit No. 3

25. 18-01 Bella Vista, No. 1, 2 and 3 (Tract 918/919)

The Annual Engineer’s Report also provides the following information as required by Article XIII D, Section 4 of the California Constitution:

1. Identifies all parcels of real property which will have a special benefit conferred upon them and upon which the assessment will be imposed.

2. Determines the appropriate special benefit derived by each parcel of the real property in relationships to the entity of the cost of maintenance of the public improvements.

3. Identifies the special benefit conferred on each parcel of real property.

4. Establishes that the assessment imposed on each parcel of real property does not exceed the reasonable cost of proportionate special benefit conferred on that parcel of real property.

FISCAL IMPACT:

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In accordance with Proposition 218 and over the entire general benefit, the City's general benefit contribution is $29,869.

ATTACHMENTS:

Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) RESOLUTION 22-30-R Intention to Levi (final)

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City of Hanford

Fiscal Year 2022/2023
Consolidated Engineer’s Report
Landscaping and Lighting Assessment
Districts

Incorporating Forty-three District Numbers:
90-01, 90-02, 90-03, 90-04, 91-01, 92-01, 92-02, 93-01, 93-02, 94-01, 94-02, 94-03, 97-01, 97-02, 97-03, 98-01, 98-02, 01-01, 01-02, 01-03, 01-04, 02-01, 03-01, 04-01, 04-02, 04-03, 04-04, 05-01, 05-02, 06-01, 07-02, 09-01, 09-02, 14-01, 15-01, 15-02, 16-01, 16-02, 18-01, 19-01, 19-02, 20-01, and 21-01

Intent Meeting: June 21, 2022
Public Hearing: July 19, 2022

CITY OF HANFORD
400 N. DOUTY ST.

HANFORD, CA 93230

MAY 2022

PREPARED BY

WILLDAN FINANCIAL SERVICES

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510

www.willdan.com/financial

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Attachment: Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) (Parks: Resolution 22-30-R Approving the Annual

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Attachment: Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) (Parks: Resolution 22-30-R Approving the Annual

Table of Contents

Introduction ............................................................................................... 1 Report Content and Annual Proceedings ................................................................ 2 Part I - Plans and Specifications .............................................................. 5 Description of Improvements ................................................................................... 5 Specific District Improvements and Services ......................................................... 6 Part II - Method of Apportionment ......................................................... 15 Legislative Requirements for Assessments ......................................................... 15 Benefit Analysis ....................................................................................................... 16 Assessment Methodology ...................................................................................... 18 Part III - Estimate of Costs...................................................................... 20 Annual Inflationary Adjustment (Assessment Range Formula) .......................... 20 Annual District Budgets .......................................................................................... 21 Part IV - District Diagrams ...................................................................... 24 Part V - Assessment Rolls ...................................................................... 69

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Attachment: Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) (Parks: Resolution 22-30-R Approving the Annual Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2022/2023

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Introduction
The City of Hanford (“City”), under the provisions of the Landscap ing and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) and in compliance with the substantive and procedural requirements of the California State Constitution, Article XIII D (“California Constitution”) annually levies and collects special assessments for the City’s Landscaping and Lighting Assessment Districts designated and referred to as:

(hereafter referred to collectively as “LLMD” and individually as “Districts”) that fund in whole or in part the maintenance and operation of local landscaping or landscaping and lighting improvements that provide special benefits to properties within those individual Districts.

District No. Subdivision Name District No. Subdivision Name 90-01 Pinecastle Addition Units 1 - 4 90-02 Park Monterey Units 1 & 2 90-03 Mansionette Units 7 & 8 90-04 Hyde Park
91-01 Sierra Vista & New Dimensions Units 1 - 5 92-01 Portofino Unit Units 1 - 4 92-02 Cielo En Tierra Units 1 - 5 93-01 Vintage Estates 93-02 Walnut Forest Units 1 - 3 94-01 Gateway Estates
94-02 Stonecrest Units 1 - 9 94-03 Quail Run Estates Units 1 - 5 97-01 Rosewood Estates Units 1 & 2 97-02 Summer Field Addition #2 97-03 Country Crossing Units 1 - 5 98-01 Crystal Springs Units 1 - 3 98-02 Mountain View Estates Units 1 - 6 01-01 Pacific Grove Units 1 - 3 and N. Pointe Units 1 - 4
01-02 Cambridge Homes Units 1 - 3 01-03 Poppy Hills Units 1 & 2 01-04 Silver Oaks Units 1 - 5 02-01 Ashton Park Units 1 - 4 03-01 Le Parc Units 1 - 3 04-01 Sidonia Units 1 & 2 and Sidonia Estates II 04-02 Cambridge Homes/Majesty II, #2 04-03
Cambridge Homes -Majesty II - #2,
Cambridge Homes Units 1 - 6,
Cambridge Homes- Vineyards Units 1 - 4
04-04 Sierra Heights Units 1 & 2 05-01 Mission Park
05-02 Copper Valley 06-01 Quail Park Subdivision
07-02 South Gate Addition, Greenbrier Gardens, &
Live Oak North 09-01 Victory Estates
09-02 Independence Units 1 & 2 14-01 Independence Units 3 & 4 15-01 Silver Oaks Addition III Units 1 and 2, Lennar
Homes Units 1 and 2, and Lennar Homes 15-02 The Greens II 16-01 Woodside Homes 16-02 Mynderup Units 1 & 2
18-01 Bella Vista Units 1 - 4 19-01 Pacific Grove Addition II 19-02 The Enclave 20-01 Woodside Homes
21-01 San Joaquin Valley Homes

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Attachment: Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) (Parks: Resolution 22-30-R Approving the Annual Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2022/2023

Page 2 ends

Report Content and Annual Proceedings
This Consolidated Engineer’s Report (the “ Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the Districts and the levy and collection of annual assessments related thereto for fiscal year 2022/2023. This Report generally describes the improvements, and proposed assessments to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the improvements within each of the designated Districts for fiscal year 2022/2023. The annual assessments to be levied on properties within these Districts provide a source of funding to fund in whole or in part, the continued operation and maintenance of the landscaping improvements or landscaping and lighting improvements and services to be provided by the City through the Districts that provide special benefits to the properties within each of those Districts and respective developments.

Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the authorized District improvements and based upon available revenues including assessment revenues, fund balances, general benefit contributions and any additional City contributions from available sources . The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include, but are not limited to the est imated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years (fund balance); revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements for each District are allocated to the benefiting properties within each District respectively based on an established method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel within those Districts. Thus, each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel receives special benefit.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Kings County Assessor’s Office. The Kings County Auditor/Controller uses APNs and specific Fund Numbers to identify properties to be assessed on the tax roll for the District assessments.

At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District s and the annual levy of assessments. Based on those public comments and written protests, the City Council may order amendments to the Report or confirm the Report as submi tted. Following final approval of the Report and confirmation of the assessments, the City Council will by Resolution, order the improvements to be made and confirm the levy and collection of assessments for fiscal year 2022/2023 pursuant to the 1972 Act. The assessment for each parcel as approved will be placed on the fiscal year 2022/2023 property tax roll by the Kings County Auditor/Controller and collected together and in the same manner as other property taxes for such parcels.

As required by the 1972 Act, this Engineer’s Report describes the improvements to be provided, maintained, and serviced by the District s, an estimated budget for the improvements for each District, and the proposed assessments to be levied upon each assessable lot or parcel within those Districts for fiscal year 2022/2023.

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Attachment: Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) (Parks: Resolution 22-30-R Approving the Annual Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2022/2023

Page 3 ends

This Report consists of five (5) parts:

Part I
Plans and Specifications: This section contains a general description of the District s, and the improvements and services that provide special benefits to the parcels within those Districts. The improvements and appurtenant facilities that provide special benefits to the properties within the Districts and for which parcels are assessed may include, but not limited to local landscaping, neighborhood parks, basins, street lights, and related amenities as well as associated incidental expenses (City Administration expenses and County Fees), and fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements . More detailed information regarding the specific plans and specifications associated with the improvements in each District may be on file in the Public Works Department and by reference are made part of this Report.

Part II
Method of Apportionment: This section includes a discussion of the general and special benefits associated with the improvements to be provided within the District s (Benefit Analysis), which includes a discussion of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). This section of the Report also outlines the basis upon which the estimated costs to provide such improvements are apportioned to each parcel of land within the Districts in proportion to the special benefits to be received. (the method of calculating each property’s proportional special benefit assessment ). This method of apportionment is consistent with the previously approved and adopted method of apportionment for each District.

Part III
Estimate of Costs : Identifies the estimated annual funding costs ( budgets) required for the maintenance and operation of the improvements in each of the Districts, including, but not limited to, annual maintenance and service expenses, utility costs, related incidental expenses, and fund balances authorized by the 1972 Act and deemed appropriate to support the improvements, even though not all costs identified in these budgets are necessarily supported fully by the current assessment revenues. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. In addition to the general benefit costs, the City may provide additional funding to support the maintenance and operation of the improvements considered to be of special benefit. Ultimately, City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues.

This section also identifies and outlines an Assessment Range Formula (inflationary adjust) that has been previously approved and adopted for specified Districts (most but not all Districts), which provides for an annual adjustment to the maximum assessment rates, which establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.

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Attachment: Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) (Parks: Resolution 22-30-R Approving the Annual Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2022/2023

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Part IV
District/ Diagrams: This section of the Report contains a diagram showing the general location and boundaries of the Districts for fiscal year 2022/2023 which incorporate the parcels determined to receive special benefits from the improvements in each District. The lines and dimensions of each lot, parcel, and subdivision of land contained in the diagram for each District is inclusive of the parcels listed in “Part V - Assessment Roll” of this Report and the corresponding County Assessor’s parcel maps for said parcels as they existed at the time this Report was prepared and shall incorporate all subsequent subdivisions, lot -line adjustments, or parcel changes therein.

Reference is hereby made to the Kings County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the Districts.

Part V
Assessment Roll: The assessment amounts to be levied and collected in fiscal year 2022/2023 for each parcel is provided in the Assessment Roll , and these assessments are based on the parcel’s calculated proportional special benefit as outlined in Part II - Method of Apportionment and the annual assessment rates established by the estimated budgets (refer to Part III Estimate of Costs).

If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Engineer’s Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Engineer’s Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzone s might subsequently be declared invalid or unconstitutional.

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Attachment: Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) (Parks: Resolution 22-30-R Approving the Annual Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2022/2023

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Part I - Plans and Specifications
The purpose of th e Districts (collectively the LLMD) is to provide in part through annual assessments, funding for the ongoing installation, maintenance, operation, and servicing of local landscaping, neighborhood parks, and related appurtenant facilities and services in specified areas of the City as well a s local street lighting within some Districts. The territory within each District consists of all lots or parcels of land that receive special benefits from the installation, maintenance, operation and servicing of the local public improvements and related amenities associated with the developments and Tracts within each of those Districts.

Description of Improvements
As authorized by the 1972 Act, the improvements provided by the District s and associated with each development incorporate various local improvements and/or street lighting and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within those developments. Improvements provided within the Districts may include but are not limited to:
➢ Landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side -panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and neighborhood parks within each respective District. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• irrigation and drainage systems including but not limited to pipes, fixtures, controllers, and water and electrical meters;
• specified amenities such as monuments, ornamental lighting, block walls, retaining walls, or other fencing;
• hardscape surfaces and areas including decomposed granite, mulch, asphalt, stamped concrete, pavers, and other trail and/or path surfaces; and • recreational amenities within the parks, parks/basins, trails, or greenbelts that may include benches, play structures, picnic or other recreational facilities, signage, and related appurtenances.

The maintenance of these improvements may include, but is not limited to the scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, replacement, and rehabilitation of the landscaping ; repair or replacem ent of irrigation or drainage systems; and repair or replacement of hardscape improvements and recreational amenities.
➢ Street lighting improvements located in the public right of ways within and on the perimeter of the developments associated with specific Districts and the parcels and developments therein.

Street lighting improvements include energy costs and maintenance of the lighting facilities including, but not limited to the removal, repair, replacement or relocation of light standards, poles, bulbs, fixtures, and related equipment and materials.

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Attachment: Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) (Parks: Resolution 22-30-R Approving the Annual Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2022/2023

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The work to be perf ormed within each respective District may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements, and incidental expenses. The City Public Wor ks Department shall authorize and schedule such maintenance and servicing as need and based on available funding.

Specific District Improvements and Services
As previously noted, there are forty -three (43) designated Districts within the City for which assessments are proposed to be levied and collected to maintain, operate and service the proposed improvements for fiscal year 2022/2023. The boundaries of each District are established on the basis of the location, extent and types of improvements being maintained and the proximity and direct benefit those specific improvement provide to the immediately surrounding developments, planned developments, and parcels, as well as th e nexus and observation that the developments and/or planned development of the properties within the each District clearly required or otherwise facilitated the installation of the improvements to be maintained and that such improvements (both landscaping and lighting) would otherwise not be necessary if not for the development of those properties. Therefore, the benefit s to the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or potential development of properties within each respective District are clearly particular and distinct (special benefits).

Landscape Service Levels
As part of the ongoing maintenance and servicing of the landscape improvements associated with each District, the City has established various maintenance frequency referred to as S ervice Levels. These Service Levels provide general guidelines for how often the landscape improvement areas are serviced based on over all maintenance needs and/or available assessment funding. For most Districts, the various landscape improvements or improvement areas within a District are maintained at the same level of service, but in some Districts two or more Service Levels may be applicable based on the nature and/or location of the improvements.

At present, the City has established five Service Levels summarized as follows:
➢ Service Level A – Landscape improvements are serviced every week; ➢ Service Level B – Landscape improvements are serviced e very week (March through October) and every two weeks (November through February); ➢ Service Level C – Landscape improvements are serviced every two weeks; ➢ Service Level D – Landscape improvements are serviced every two weeks (March through October) and every four weeks (November through February); and ➢ Service Level E – Landscape improvements are serviced once every month.

Currently all improvements in the District are maintained at Service Levels A, B, C or D.

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Attachment: Hanford FY22-23 LLMD Consolidated ER (Final Draft 06.16.22 Signed Ver) (Parks: Resolution 22-30-R Approving the Annual Hanford Landscaping and Lighting Assessment Districts
Engineer’s Annual Report
Fiscal Year 2022/2023

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Hanford City CouncilJuly 19, 2022

Hanford City Council
July 19, 2022