Tuesday, June 4, 2024
Meeting Agenda
Closed Session - 5:00 PM
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HOUSING AUTHORITY
COMMUNITY DEVELOPMENT COMMISSION
WATER DISTRICT
City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
City Council Members
Larry Bird, Mayor
Rebekah Swanson, Mayor Pro Tem
Brigit Bennington, Council Member
Cameron Gregg, Council Member
Allison Lee, Council Member
Rachel Molina, City Manager
Pam K. Lee, City Attorney
HESPERIA FIRE PROTECTION DISTRICT - SPECIAL MEETING
NOTE: In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 947-1007 or (760) 947-1026. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.
To leave a Public Comment by phone, call and leave a recorded message at (760) 947-1056 up to 5:30 pm on the day of the scheduled meeting. City Council meetings may be viewed live or after the event on the City’s website at www.cityofhesperia.us.
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June 4, 2024City Council Meeting Agenda
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
HESPERIA FIRE PROTECTION DISTRICT - SPECIAL MEETING
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
As a courtesy, please silence your cell phones and other electronic devices while the meeting is in session. Thank you.
Prior to action of the Council, any member of the audience will have the opportunity to address the legislative body on any item listed on the agenda, including those on the Consent Calendar.
Individuals wishing to speak during General Public Comments or on a particular numbered item must submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.
In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.
CLOSED SESSION - 5:00 PM
Roll Call
Mayor Larry Bird
Mayor Pro Tem Rebekah Swanson
Council Member Brigit Bennington
Council Member Cameron Gregg
Council Member Allison Lee
Conference with Real Property Negotiators – Property Negotiations Government Code Section – 54956.8
1. Negotiating Parties: City of Hesperia, Brianah Pettigrew, Jesus Acosta, Manuel Ascencio, and Ziroli Family Trust
Locations: Assessor Parcel No.’s 0414-202-35, 0414-202-08, 0414-202-07, and 0414-421-46
Under Negotiation: Price and terms
Personnel Matters - Performance Evaluations
Government Code Section 54957
1. Annual Performance Evaluation - City Attorney
2. Annual Performance Evaluation - City Manager
CALL TO ORDER - 6:30 PM
June 4, 2024City Council Meeting Agenda
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Mayor Larry Bird
Mayor Pro Tem Rebekah Swanson
Council Member Brigit Bennington
Council Member Cameron Gregg
Council Member Allison Lee
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney
ANNOUNCEMENTS/PRESENTATIONS
1. Presentation of Certificate of Recognition to Karen Prestwood for her retirement from the Hesperia School District after 33 years.
2. Overview of Entitlement & Development Process, Cassandra Sanchez, Public Works Director, Ryan Leonard, Principal Planner.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Individuals wishing to speak during General Public Comments or on a particular numbered item are requested to submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the joint agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.
In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.
JOINT CONSENT CALENDAR
1. Consideration of the Draft Minutes from the Special Meeting held Tuesday, May 21, 2024.
Recommended Action:
It
is recommended that the City Council approve the Draft Minutes from the Special Meeting held Tuesday, May 21, 2024.
Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2024-5-21Attachments:
2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Commission - Water)
June 4, 2024City Council Meeting Agenda
Recommended Action:
It
is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Staff Person: Assistant City Manager Casey Brooksher
SR Warrant Run 6-4-2024
Attachment 1 - Warrant Run
Attachments:
3. Audit Services for Fiscal Year 2023-24
Recommended Action:
It
is recommended that the City of Hesperia, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, Hesperia Fire Protection District, and Hesperia Water District Council/Boards/Commissions enter into a Professional Services Agreement with the independent certified public accounting firm CliftonLarsonAllen (CLA) LLP, in the not to exceed amount of $138,880, to perform the audit of the City and its component units, for the fiscal year end of June 30, 2024, as well as additional required State reporting for the year end of June 30, 2024.
Staff Person: Assistant City Manager Casey Brooksher
SR Audit Services for Fiscal Year 2023-24 6-4-2024Attachments:
4. Non-Represented Employees’ Compensation and Benefit Plan Recommended Action:
It
is recommended that the City Council, the Board of Directors of the Hesperia Housing Authority, and the Board of Directors of the Hesperia Water District, adopt Joint Resolution No. 2024-25 HHA 2024-04, and HWD 2024-08, modifying the Non-Represented Employees’ Compensation and Benefit Plan.
Staff Person: Assistant City Manager Casey Brooksher
SR Non-Represented Employees’ Compensation and Benefit Plan 6-4-2024 Joint Resolution 2024-25
Attachment 2 - Non-Represented Employees’ Compensation & Benefit Plan Attachments:
5. Memorandum of Understanding between City of Hesperia and the Teamsters Local 1932 for the period of February 1, 2024 through January 31, 2026 Recommended Action:
It
is recommended that the City Council adopt Resolution No 2024-24 and the Board of Directors of the Hesperia Water District, adopt HWD 2024-07, approving the Memorandum of Understanding (MOU) with the Teamsters Local
June 4, 2024City Council Meeting Agenda
1932 (Teamsters).
Staff Person: Deputy Human Resources/Risk Management Director Rita Perez SR Memorandum of Understanding Teamsters Local 1932 6-4-2024 Attachment 1 - Memorandum of Understanding
Resolution 2024-24
Resolution HWD 2024-07
Attachments:
6. Three-Year Maintenance and Licensing Agreement with Tyler Technologies Recommended Action:
It
is recommended that the City Council authorize the City Manager to execute a three-year agreement with Tyler Technologies to provide licensing and support for the New World Enterprise Resource Planning (ERP) system and MyCivic smartphone public engagement application, for a not to exceed amount of $504,254.
Staff Person: Assistant City Manager Casey Brooksher
SR Tyler Technologies 6-4-2024Attachments:
7. Vehicle Procurement - Five Compact Sports Utility Vehicles Recommended Action:
It
is recommended that the City Council authorize the City Manager to approve the procurement of five (5) 2024 Ford Bronco Sports vehicles from Sunrise Ford for a not-to-exceed amount of $162,300 and adopt City Resolution No. 2024-28, amending the Fiscal Year (FY) 2023-24 General Fund Budget by an additional $172,300 to allow for the purchase of the vehicles and necessary safety equipment.
Staff Person: Director of Public Works/City Engineer Cassandra Sanchez SR Vehicle Procurement - Five Compact SUVs 6-4-2024
Resolution 2024-28
Attachment 2 - Bid Comparison
Attachments:
8. Vehicle Procurement - One 4x4 Dump Truck
Recommended Action:
It
is recommended that the Board of Directors of the Hesperia Water District authorize the City Manager to enter into an agreement with Silveira Chevrolet in the not to exceed amount of $114,000, for the purchase of one (1) new 2023 Chevy Silverado 5500HD 4 X 4 truck with a 3-4 yard Scelzi dump body capacity for the Distribution Program.
Staff Person: Director of Public Works/City Engineer Cassandra Sanchez SR Vehicle Procurement - Dump Truck 6-4-2024
Attachment 1- Bid Comparison
Attachments:
9. Vehicle Procurement - Two Mid-Size Trucks And One Service Crane Truck
June 4, 2024City Council Meeting Agenda
Recommended Action:
It
is recommended that the Board of Directors of the Hesperia Water District authorize the City Manager to enter into an agreement with Ken Grady Ford in a not to exceed amount of $215,811 for the purchase of two (2) 2024 Ford Ranger SuperCrew 4 X 4 trucks and one (1) 2024 F-550 service truck with an 11-
foot crane.
Staff Person: Director of Public Works/City Engineer Cassandra Sanchez SR Vehicle Procurement - Two Mid-Size Trucks and Crane 6-4-2024 Attachment 1- Bid Comparison Trucks
Attachment 2- Bid Comparison Crane
Attachments:
10. Final Tract Map No. 17980-4, 17980-5, 17980-6, and 17980-7 Recommended Action:
It
is recommended that the City Council adopt Resolution No. 2024-27 approving Final Tract Map No. 17980-4, 17980-5, 17980-6, and 17980-7 to create 191 single-family residential lots on approximately 58.75 gross acres located north of Ranchero Road, south of Mission Street, between Topaz Avenue and Maple Avenue (Applicant: Lennar Homes APNs: 0405-383-34 and 35).
Staff Person: Director of Public Works/City Engineer Cassandra Sanchez SR Final Tract Map No. 17980-4, 17980-5, 17980-6, 17980-7 6-4-2024 Resolution 2024-27
Attachment 2- Final Tract Map No. 17980-4
Attachment 3- Final Tract Map No. 17980-5
Attachment 4- Final Tract Map No. 17980-6
Attachment 5- Final Tract Map No. 17980-7
Attachments:
NEW BUSINESS
11. Fiscal Year (FY) 2024-25 Operating Budget Adoption
Recommended Action:
It
is recommended that the City Council/Board’s adopt the following Resolutions approving the FY 2024-25 Operating Budget for the City of Hesperia, Hesperia Housing Authority, Hesperia Fire Protection District, and Hesperia Water District:
1) City of Hesperia Resolution No. 2024-22
adopting the Fiscal Year 2024-25 Budget
2) City of Hesperia Resolution No. 2024-23
adopting the GANN Appropriations Limit
3) Hesperia Housing Authority Resolution HHA
2024-02 adopting the Fiscal Year 2024-25
Budget
4) Hesperia Fire Protection District Resolution
June 4, 2024City Council Meeting Agenda
HFPD
2024-01 adopting the Fiscal Year
2024-25 Budget
5) Hesperia Fire Protection District Resolution
HFPD 2024-03 adopting the GANN
Appropriations Limit
6) Hesperia Water District Resolution HWD
2024-05 adopting the Fiscal Year 2024-25
Budget
7) Joint Resolution No. 2024-21, HHA 2024-03,
HFPD 2024-02, and HWD 2024-04
re-adopting the Financial Policies
Staff Person: Assistant City Manager Casey Brooksher
SR Fiscal Year 2024-25 Operating Budget Adoption 6-4-2024 Attachment 1-6 Budget Resolutions Combined
Joint Resolution 2024-21
Attachment 8- Exhibit A Financial Policies Clean & Track Changes Attachments:
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Council may report on their activities as appointed representatives of the City on various Boards and Committees and/or may make comments of general interest or report on their activities as a representative of the City.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
The City Manager, City Attorney or staff may make announcements or reports concerning items of interest to the Council and the public.
ADJOURNMENT
I, Erin Baum, Assistant City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Wednesday, May 29, 2024 at 5:30 p.m. pursuant to California Government Code §54954.2. _____________________________
Erin Baum,
Assistant City Clerk
Documents produced by the City and distributed less than 72 hours prior to the meeting regarding items on the agenda will be made available in the City Clerk's Office during normal business hours.
City of Hesperia
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, May 21, 2024 6:30 PM
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
HESPERIA FIRE PROTECTION DISTRICT - SPECIAL MEETING
CLOSED SESSION - 5:15 PM
Roll Call
Present: 5 - Mayor Bird, Mayor Pro Tem Swanson, Council Member Gregg, Council Member Bennington and Co
uncil Member Lee
Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(d)1
1.County of SB V City of Hesperia, Case no: CIVSB2209965 CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Present: 5 - Mayor Bird, Mayor Pro Tem Swanson, Council Member Gregg, Council Member Bennington and Co
uncil Member Lee
D. A genda Revisions and Announcements by City Clerk – Agenda was amended to reflect changes to item 12.
E. Closed Session Reports by City Attorney- None
City Council Chambers
9700 Seventh Ave.
Hesperia CA, 92345
City of Hesperia
ANNOUNCEMENTS/PRESENTATIONS
1. Presentation of Certificates of Recognition to the Sultana High School Band’s Indoor Winds ensemble, for winning the Gol
d Medal Championship in the Scholastic A division.
2. Presentation of Certificates of Recognition to the Sultana High School art students for donation of two m ural walls at the anim
al shelter.
3. Presentatio
n by Department of Transportation on I-15 Pavement Rehab Project and Upcom ing District 8 Projects.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) The following members of the public commented:
HD4Palestine via voicemail
Kim Jones
Kareema Abdul
Lynne Litchfield
Bill Holland
Chris Ochoa
Parker Dukes
Priscilla M.
Al Vogler
Tangia Bryant
Tom Steeno
Bill Jensen
Steve Gallo
Layla Abdulghani
Roo McMahon
JOINT CONSENT CALENDAR
Item number 9 and 11 were considered independently from the Joint Consent Calendar.
A motion was made by Bennington, seconded by Lee, that the Joint Consent Calendar without item number 9 and 11 be approved. T
he motion carried by the following vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington, and Lee
Nay: 0
1. Consideration of the Draft Minutes from the Special Meeting held Tuesday, May 7, 2024.
Recommended Action:
It is recommended that the City Council approve the Draft Minutes from the Special Meeting held Tuesday, May 7, 2024.
Sponsors: Assistant City Clerk Erin Baum
2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Commission - W
ater)
Recommended Action:
City of Hesperia
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Sponsors: Assistant City Manager Casey Brooksher
3. Treasurer’s Cash Report for the unaudited period ended March 31, 2024.
Recommended Action:
It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hes
peria Community Redevelopm
ent Agency, Hesperia Housing Authority, Community
Developm
ent Commission, and Water District.
Sponsors:Assistant City Manager Casey Brooksher
4. Armored Car Transportation Services Agreement
Recommended Action:
It is recommended that the City Council and Board of Directors of the Hesperia Water District authorize the
City Manager to
approve a five-year agreement with Brink’s, Inc. for Armored Car Trans portation Services in th
e not-to-exceed amount of $135,000.
Sponsors: Assistant City Manager Casey Brooksher
5. Contract with Ferguson Waterworks
Recommended Action:
It is recommended that the Board of Directors of the Hesperia Water District authorize the City Manager to
approve a contrac
t for Fiscal Year (FY) 2024-25 with Ferguson Waterworks in the not-to-exceed amount of $200,000, for the purchase of DFW meter boxes and lids.
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez
6. D&H Water Systems, Inc. - New Contract
Recommend
ed Action:
It is recommended that the City Council and Board Members of the Hesperia Water District authorize the City
Manager to enter
into a one (1) year agreement with D&H Water Systems, Inc. in a not-to-exc eed amount of
$73,000 for the purchase of Constant Chlor Plus Briquettes.
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez
7. Vehicle Procurement - One Heavy-Duty Truck
Recommended Action:
It is recommended that the City Council authorize the City Manager to approve the procurement of one (1)
new 2024 Che
vy Silverado 2500HD 4 X 4 utility truck for the Traffic Program and enter into an agreement
with Victorville Chevrolet for the not-to-exceed amount of $72,000.
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez
City of Hesperia
8. Parcel Map No. 20257
Recommended Action:
It is recommended that the City Council adopt Resolution No. 2024-20 approving Parcel Map No. 20257 to rearrange
the four existing parcels into four new parcels on 194.8 gross acres of land designated Commercial/Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive, and east of the power line utility corridor (Applicant: Covington Group; APN's: 3064-351-03, 3064-361-01, 3064-401-02).
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez
9. Real Property Purchase and Sale Agreement - APN 0405-272-09 Recommended Action:
It is recommended that the City Council adopt Resolution No. 2024-017: (i) approving the “Agreement For The Purchase And
Sale Of Real Property And Joint Escrow Instructions” (Agreement) by and between Desert Wind LLC (Seller) and the City of Hesperia (Buyer) for the purchase of APN 0405-272-09 for $525,000; and (ii) authorizing the City Manager to execute all documents necessary to consummate the transaction.
Sponsors: Director of Development Services Nathan Freeman Item 9 was considered independently of the Joint Consent Calendar.
Al Vogler commented on this item.
A motion was made by Lee, seconded by Swanson, that item number 9 be approved.
The motion carried by the follow
ing vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington, and Lee
Nay: 0
10. Acceptance of public improvements for the extension of Recycled Water Improvements in I Avenue Recommended Action:
It is recommended that the City Council adopt Resolution No. 2024-18 accepting the public improvement for the extension
of the Recycled Water main line in I Avenue. (Applicant: Silverwood Development Phase I, LLC).
Sponsors: Assistant Project Manager Bethany Hudson
11. Approve the FY 2024-25 SB-1 Funding Project List
Recommended Action:
It is recommended that the City Council approve Resolution No. 2024-19 approving the Fiscal Year 2024-25 Project List to be funded b
y SB-1: The Road Repair and Accountability Act.
Sponsors: Assistant Project Manager Bethany Hudson
Item 11 was considered independently of the Joint Consent Calendar.
City of Hesperia
A motion was made by Swanson, seconded by Bird, that item number 11 be approved.
The motion carried by the following vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington, and Lee
Nay: 0
NEW BUSINESS
12. Award Contract for FY 2021-2022 CDBG Street Improvements Recommended Action:
It is recommended that the City Council award a contract for the Fiscal Year (FY) 2021-2022 CDBG Street Improvement
- (C.O. 7166) project to the lowest responsive/responsible bidder, VSS International, Inc. for the bid amount of $2,966,340; approve an additional 10% contingency in the amount of $296,634, for a total construction budget of $3,262,974; approve the design of the project represented by the plans and specifications; and authorize the City Manager to execute the contract.
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez A motion was made by Swanson, seconded by Gregg, that item number 12 be approved.
The motion carried by the following vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington, and Lee
Nay: 0
The meeting went into recess at 8:18pm.
The meeting reconvened at
8:25pm.
13. FY 2024-25 Budget Workshop #2 - Budget Update
Recommended Action:
It is recommended that the City Council/Board receive and file this staff report, which provides information about the current
status of the City of Hesperia’s proposed operating budget for Fiscal Year (FY) 2024-25.
Sponsors: Assistant City Manager Casey Brooksher
Receive and file item.
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Mayor, Mayor Pro Tem, and Council Members reported from various events and Committees.
Council Member Lee requested information on the City’s firework ordinance and fines.
Council Member Gregg requested an item be brought to council to discuss project conditions of approval and project compliance.
City of Hesperia
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None.
ADJOURNMENT
The meeting was adjourned in honor of Council Member Bennington’s grandkids Parker and Isaac’s birthdays at 9:00 pm.
_____________________________
Erin Baum,
Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: June 4, 2024
TO: Mayor and Council Members
City Council, as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commissioners, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Anne Duke, Deputy Finance Director
Shirley Domacio Calderon, Accountant
SUBJECT: Warrant Run Report (City – Successor Agency – Housing Authority – Community Development Commission – Water)
RECOMMENDED ACTION
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
BACKGROUND
The Warrant Run totals represented below are for th e period April 13, 2024 through April 26, 2024.
CITY GOAL SUPPORTED BY THIS ITEM
Financial Health – Maintain a balanced budget and adequate reserves.
ATTACHMENT(S)
1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $2,732,053.46 $290,729.64 $0.00 $3,022,783.10 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 523.02 190.52 0.00 713.54
Community Development Commission 0.00 0.00 0.00 0.00
Water 984,406.13 140,184.38 0.00 1,124,590.51
Totals $3,716,982.61 $431,104.54 $0.00 $4,148,087.15
* Includes debt service payments made via Automated Clearing House (ACH) electronic deposit of funds.
YEAR-TO PRIOR FY YTD
W/E W/E WARRANT DATE DATE
FUND # FUND NAME 4/19/2024 4/26/2024 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 112,502.36 $ 1,913,369.04$ 2,025,871.40$ - $ 29,123,939.65$ 23,229,072.07$ 204 MEASURE I - RENEWAL -$ -$ -$ - $ 509,371.09$ 263,253.42$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ - $ 967,882.81$ 288,574.41$ 209 GAS TAX-RMRA -$ -$ -$ - $ -$ 880.00$
210 HFPD (PERS) -$ -$ -$ -$ 907,316.00$ 1,093,204.87$ 251 CDBG 1,496.25$ 3,441.79$ 4,938.04$ - $ 353,046.03$ 791,045.15$ 254 AB2766 - TRANSIT -$ -$ -$ - $ -$ -$
255 AB3229 SUPPLEMENTAL LAW -$ -$ -$ - $ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT -$ 3.00$ 3.00$ - $ 22,633.25$ 28,512.42$ 262 SB 1383 LOCAL ASSISTANCE GRANT 28,389.96$ -$ 28,389.96$ - $ 28,389.96$ 31,598.69$ 263 STREETS MAINTENANCE 11,984.30$ 66,499.81$ 78,484.11$ - $ 1,788,688.09$ 1,564,242.57$ 300 DEV. IMPACT FEES - STREET -$ 8,478.12$ 8,478.12$ - $ 90,534.50$ 34,221.18$ 301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ - $ -$ 17,460.50$ 303 DEV. IMPACT FEES - POLICE -$ -$ -$ - $ -$ -$
304 DEV. IMPACT FEES - PUBLIC WKS. -$ -$ -$ -
$ -$ -$
306 DEV. IMPACT FEES - 2018-STREETS 3,492.70$ 24,760.01$ 28,252.71$ - $ 1,695,353.66$ 5,027,815.99$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ - $ -$ 7,969.11$ 313 DIF A-04 DRAINAGE -$ -$ -$ - $ 320,448.35$ 6,270.00$ 402 WATER RIGHTS ACQUISITION -$ -$ -$ - $ 1,493,015.59$ 1,432,351.95$ 403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ - $ 571,151.39$ 872,392.46$ 404 2023 REFUNDING LEASE REV BONDS 170,118.51$ -$ 170,118.51$ - $ 170,118.51$ 504 CITY WIDE STREETS - CIP 3,232.71$ 144,509.30$ 147,742.01$ - $ 10,546,698.48$ 7,866,856.79$ 509 CITY FACILITIES CIP -$ -$ -$ - $ -$ -$
800 EMPLOYEE BENEFITS 200,851.65$ 28,608.34$ 229,459.99$ - $ 7,278,262.61$ 7,439,137.52$ 801 TRUST/AGENCY 240.00$ 10,075.61$ 10,315.61$ - $ 1,688,071.87$ 1,672,944.22$ 802 AD 91-1 AGENCY -$ -$ -$ - $ -$ -$
804 TRUST-INTEREST BEARING -$ -$ -$ -$ 268,407.60$ 174,079.00$ 807 CFD 2005-1 -$ -$ -$ - $ 1,270,184.16$ 1,300,227.50$ 808
HFPD (TRANSITION) -$ -$ -$ - $ 347,796.19$ 317,384.59$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ - $ -$ 6,584.08$ CITY 532,308.44$ 2,199,745.02$ 2,732,053.46$ - $ 59,441,309.79$ 53,466,078.49$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ - $ 9,949,902.79$ 9,708,465.48$ SUCCESSOR AGENCY -$ -$ -$ - $ 9,949,902.79$ 9,708,465.48$ 370 HOUSING AUTHORITY 523.02$ -$ 523.02$ - $ 36,578.77$ 49,809.31$ HOUSING AUTHORITY 523.02$ -$ 523.02$ - $ 36,578.77$ 49,809.31$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ - $ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ - $ -$ -$ 700 WATER OPERATING 425,533.21$ 78,872.54$ 504,405.75$ - $ 9,001,100.45$ 6,749,846.26$ 701 WATER CAPITAL -$ -$ -$ - $ 320,389.00$ 37,673.00$ 710 SEWER OPERATING 2,492.37$ 474,965.02$ 477,457.39$ - $ 5,650,712.37$ 4,108,740.48$ 711 SEWER CAPITAL -$ -$ -$ - $ 1,249,376.35$ 1,103,021.19$ 720 RECLAIMED WATER OPERATIONS 875.71$ 1,667.28$ 2,542.99$ - $ 276,197.97$ 260,532.11$ WATER 428,901.29$ 555,504.84$ 984,406.13$ - $ 16,497,776.14$ 12,259,813.04$ ACCOUNTS PAYABLE TOTAL 961,732.75$ 2,755,249.86$ 3,716,982.61$ - $ 85,925,567.49$ 75,484,166.32$ REG. PAYROLL
City -$ 290,729.64$ 290,729.64$ - $ 6,629,894.26$ 6,096,360.62$ Housing Authority -$ 190.52$ 190.52$ - $ 4,253.83$ 4,002.84$ Water -$ 140,184.38$ 140,184.38$ - $ 2,859,189.83$ 2,484,191.22$ PAYROLL TOTAL -$ 431,104.54$ 431,104.54$ - $ 9,493,337.92$ 8,584,554.68$ *No payments were issued on July 1, 2023.
City of Hesperia
WARRANT RUNS
04/13/2024-04/26/2024
Attachment 1
City of Hesperia
STAFF REPORT
DATE: June 04, 2024
TO: Mayor and Council Members
City Council, as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commission, Hesperia Housing Authority
Chair and Commission, Community Development Commission
Chair and Board Members, Hesperia Fire Protection District Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Anne M. Duke, Deputy Finance Director
SUBJECT: Audit Services for Fiscal Year 2023-24
RECOMMENDED ACTION
It is recommended that the City of Hesperia, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, Hesperia Fire Protection District , and Hesperia Water District Council/Boards/Commissions enter into a Professional Services Agreement with the independent certified public accounting firm CliftonLarsonAllen (CLA) LLP, in the not to exceed amount of $138,880, to perform the audit of the City and its component units, for the fiscal year end of June 30, 2024, as well as additional required State reporting for the year end of June 30, 2024.
BACKGROUND
CLA is the City’s current auditor, and the firm has extensive experience in governmental auditing and a deep familiarity of the City’s accounting structure. The firm has a depth of knowledge that is supported by the nearly 2, 900 Certified P ublic Accountants (CPA’ s) employed by CLA , in 1 30 locations across the country, and has provided accounting and auditing services for over 60 years.
ISSUES/ANALYSIS
The firm of CliftonLarsonAllen (CLA) has expertise in the field of governmental accounting, and ensures the City’s financial statements are compliant with the lastest Government Accounting Standards Board (GASB) statements. One of the GASB statements that is scheduled to take effect for the June 30, 202 4 financial statements is Statement 100, Accounting Changes and Error Corrections, which enhances accounting and financial reporting requirements for accounting changes and error corrections to provide more understandable, reliable, and comparable information.
The City is in compliance with Government Code 12410.6(b), which established an auditor rotation requirement for local agencies, and the lead auditor responsible for performing the City’s audit is Kassie Radermacher, CPA, CFE. An agreement with CLA is recommended for the City’s fiscal year end June 30, 2024 audit and required State reporting.
Staff Report to the City Council, Chairman and Board Members Audit Services for FY 2023-24
June 04, 2024
CITY GOAL SUPPORTED BY THIS ITEM
Financial Health: Maintain a balanced budget and adequate reserves
FISCAL IMPACT
The proposed cost of performing the Fiscal Year (FY) 2023-24 audit and required State reporting is $138,880 as detailed below:
$84,400 Audit (includes the City of Hesperia and its component units , the Hesperia Fire Protection District, the Hesperia Water District, the Communi ty Development Commission, and the Hesperia Housing Authority; also includes the Successor Agency to the Former Hesperia Community Redevelopment Agency) 15,290 Report Preparation
18,700 State Controller’s Office Reporting
20,490 Single Audit 1st through 5th major programs
$138,880 Total Audit/Reporting Costs
The cost of the audit and State reports will be allocated among the City and its component units based upon the size and complexity of each component unit. Adequate budget will be included within the FY 2024-25 Proposed Budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None
City of Hesperia
STAFF REPORT
DATE: June 4, 2024
TO: Mayor and Council Members
Chair and Board Members Hesperia Housing Authority Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Rita Perez, Deputy Human Resources/Risk Management Director
SUBJECT: Non-Represented Employees’ Compensation and Benefit Plan
RECOMMENDED ACTION
It is recommended that the City Council, the Board of Directors of the Hesperia Housing Authority, and the Board of Directors of the Hesperia Water District, adopt Joint Resolution No. 2024-25 HHA 2024-04, and HWD 202 4-08, modifying the Non -Represented Employees’ Compensation and Benefit Plan.
BACKGROUND
On June 7, 2022, the City Council adopted the following Joint Resolution No 2022-45, Resolution HHA 202 2-04, and Resolution HWD 2022 -09, which established the Non -Represented Employees’ Compensation and Benefi t Plan (Non -Rep Plan). The Non -Rep Plan establishes salaries, benefits, and other related policies for employees not represented by an employee labor relations organization and may be modified in its entirety or by section.
ISSUES/ANALYSIS
The following amendments are proposed to the Non-Rep Plan.
Section 4: Non-Represented Classifications
This section was updated with Council’s recent adoption of classifications from Fiscal Year 2023-
24. Section 6: Salary
In June 2024, each non-represented full-time and part-time employee who is actively employed with the City of Hesperia on May 17, 2024, shall receive a one -time employee stipend payment as follows:
$500 Part-Time Classification
$1,100 General
$1,200 Professional/Supervisory
$1,300 Management and above
Staff Report to the Mayor and City Council/Board Members Non-Represented Employees’ Compensation and Benefit Plan June 4, 2024
This one-time payment will be included in the 1st paycheck in June 2024 and will not be reported to the California Public Employees’ Retirement System as special compensation.
Section 9:
Effective December 1, 2024, for the January 2025 insurance premiums, the City shall pay up to $1,650 per month; the employee shall be responsible for paying the difference, or the amount greater than $1,650 through payroll deduction.
Section 17: Holiday
The addition of federal holiday June teenth effective 2024 and thereafter . The City closure of December 23, 2024, and January 2, 2026.
Section 20: Sick Leave
The addition of SB 616 language for part -time, temporary, and seasonal employees providing forty (40) hours of paid sick leave.
Section 33: Stand-by-Duty
Effective June 29, 2024, employees shall be compensated at a rate of two hundred eighty dollars ($280) per seven (7) day period.
CITY GOAL SUPPORTED BY THIS ITEM
Organizational Health: Foster a high-performing organization that provides opportunities for professional growth.
FISCAL IMPACT
The monetary implications of the Non-Represented Employees’ Compensation and Benefit Plan is reflected in the Proposed FY 2024-25. The FY 202 4-25 Budget will be presented to the City Council for adoption on June 4, 2024.
ALTERNATIVE(S)
1. Provide alternative direction to staff
ATTACHMENT(S)
1. Joint Resolution No. 2024-25, HHA 2024-04, HWD 2024-08
2. Non-Represented Employees’ Compensation and Benefit Plan
RESOLUTION NO. 2024-25
RESOLUTION NO. HHA 2024-04
RESOLUTION NO. HWD 2024-08
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY,
AND THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT OF CALIFORNIA, MODIFYING THE NON -REPRESENTED EMPLOYEES’
COMPENSATION AND BENEFIT PLAN
WHEREAS, the City Council of the City of Hesperia establishes salaries, benefits and other related policies for employees not represented by an employee labor relations organization; and
WHEREAS, the City Council of the City o f Hesperia recognizes that it competes in a marketplace to obtain qualified personnel to perform and provide municipal services, and that compensation and conditions of employment must be suffic iently attractive to recruit and retain qualified employees; and
WHEREAS, Joint Resolution No 2022-45, Resolution HHA 2022-04, and Resolution HWD 2022-09, Exhibit A established a Non -Represented Employees’ Compensation and Benefits Plan which sections can be modified individually or in whole; and
NOW T HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HESPERIA, BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY AND BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT AS FOLLOWS:
Section 1. That the recitals above are true and correct.
Section 2. That the City Council has reviewed and approves of the modified provisions included in Exhibit A. - Non-Represented Employees’ Compensation and Benefit Plan.
Section 3. That this resolution shall remain in full force and eff ect until modified or terminated by action of the City Council.
Section 4. That Exhibit A - Non-Represented Employees’ Compensation and Benefit Plan sections may be modified individually or in whole by action of the City Council.
Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
______________________________
Larry Bird, Mayor/Chair
ATTEST:
____________________________
Resolution No. 2024-25
Melinda Sayre, City Clerk
EXHIBIT A
Non-Represented Employees’
Compensation and Benefits Plan
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 2 -
TABLE OF CONTENTS
SECTION NO. SECTION TITLE PAGE NO.
Section 1 Establishment ........................................................................................... 3 Section 2 Provision of Law ....................................................................................... 3 Section 3 Management Structure ............................................................................. 3 Section 4 Non-Represented Classifications.............................................................. 3 Section 5 Confidential Employees ............................................................................ 4 Section 6 Salary ........................................................................................................ 5 Section 7 CalPERS Retirement Plan ........................................................................ 5 Section 8 401 (a) Program ........................................................................................ 6 Section 9 Health Insurance ....................................................................................... 6 Section 10 Dental Insurance ....................................................................................... 8 Section 11 Optical Insurance ...................................................................................... 8 Section 12 Short-Term/Long-Term Disability Insurance ............................................. 8 Section 13 Life Insurance ........................................................................................... 8 Section 14 Employee Assistance Program ................................................................. 8 Section 15 Benefit Amendment Clause ...................................................................... 8 Section 16 Work Schedule ......................................................................................... 9 Section 17 Holidays .................................................................................................... 10 Section 18 Three-Tiered Management Program ........................................................ 10 Section 19 Vacation .................................................................................................... 11 Section 20 Sick Leave ................................................................................................ 12 Section 21 Bereavement ........................................................................................... 14 Section 22 Workers’ Compensation ........................................................................... 14 Section 23 Jury Duty .................................................................................................. 14 Section 24 Leave Without Pay .................................................................................... 14 Section 25 Education Reimbursement/Certification Incentive Pay ............................. 14 Section 26 Bilingual Pay ............................................................................................. 15 Section 27 Cell Phone Allowance ............................................................................... 15 Section 28 Automobile Allowance .............................................................................. 15 Section 29 Uniforms and Boot Reimbursement .......................................................... 16 Section 30 Overtime Pay ............................................................................................ 16 Section 31 Compensatory Time Flexibility ................................................................. 17 Section 32 Out of Classification and Acting Assignment Pay ..................................... 17 Section 33 Stand-by Duty ........................................................................................... 18 Section 34 Promotions and Step Placement .............................................................. 18 Section 35 Outside Employment ............................................................................... 18 Section 36 Smoking ................................................................................................... 18 Section 37 Employer/Employee Relations .................................................................. 18 Section 38 Disciplinary Appeals.................................................................................. 19 Section 39 Layoffs……………………………………………………………………........ 22
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 3 -
SECTION 1: Establishment
The Non–Represented Employees’ Compensation and Benefit Plan was modified in whole in Resolution No 2022-45, Resolution HHA 2022-04, and Resolution HWD 2022-09. The following sections shall remain in full force and effect until modified or terminated by action of the City Council and may be modified individually or in whole by action of the City Council.
SECTION 2: Provisions of Law
It is understood that this Non-Represented Employees’ Compensation and Benefit Plan is subject to all current and future applicable federal and state laws, federal and state regulations. If any section or provision of the resolution is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any competent jurisdiction, such section or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this resolution shall not be affected thereby.
SECTION 3: Management Structure
All employees work for the City Manager; however they have supervisors assigned to them based upon the organizational structure included in the annual budget and as determined by the City Manager.
SECTION 4: Non-Represented Classifications
The non-represented job classifications include all job classifications and employees not represented by a recognized employee organization as approved by the Hesperia City Council.
The non-exclusive listing of classifications that are non-represented includes the City Council as Elected Officials, the City Manager, full-time, part-time, temporary employees and any other employees to include the following full-time classifications:
GENERAL SENIOR MANAGEMENT
Accountant City Engineer
Accounting Technician Deputy Community Development Director Administrative Aide Deputy Development Services Director Administrative Secretary Deputy Director of Development Services/Community Development Animal Services Coordinator Deputy Director of Economic Development Budget/Finance Specialist Deputy Finance Director
Construction Inspector Deput y Human Resources/Risk Management Director Deputy City Clerk Economic Development Director
Engineering Specialist
Environmental Compliance Inspector
Executive Secretary AT-WILL SENIOR MANAGEMENT
Facility Electrician Assistant City Manager (Unclassified/At-Will) Field Services Supervisor Assistant City Manager/Management Services (Unclassified/At-Will) Geographical Information Systems Technician Cit y Clerk (Unclassified/At-Will) Information Systems Technician Deputy City Engineer (Unclassified/At-Will) Maintenance Crew Supervisor Deput y City Manager (Unclassified/At-Will) Office Assistant Deput y City Manager/City Clerk (Unclassified/At-Will) Payroll Analyst Director of Administrative Services (Unclassified/At-Will) Personnel Technician Director of Development Services (Unclassified/At-Will) Planning Specialist Director of Finance (Unclassified/At-Will) Purchasing Analyst Director of Government Services/City Clerk (Unclassified/At-Will) Public Works Inspector Director of Public Works (Unclassified/At-Will) Senior Code Enforcement Officer Public Works Mana ger
Senior Community Development Technician
Senior Engineering Technician
Senior Office Assistant
Senior Office Specialist
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 4 -
SECTION 4: Non-Represented Classifications (Continued)
PROFESSIONAL/SUPERVISORY MANAGEMENT
Administrative Analyst Animal Services Manager
Animal Control Supervisor Assistant to the City Manager Animal Services Specialist Budget/Finance Manager
Animal Services Supervisor Building Official
Assistant City Clerk Building & Safety Manager
Assistant Engineer Code Compliance Manager
Assistant Planner Community Relations and Media Coordinator Assistant Project Manager Economic Development Manager
Associate Engineer Finance Manager
Associate Planner Geographical Information Systems Manager Building and Safety Supervisor Human Resources Manager
Building Inspection Supervisor Information Systems Manager Code Enforcement Supervisor Information S ystems Specialist Community Development Coordinator Principal Planner
Community Development Supervisor Project Manager
Community Relations Specialist Public Works Superintendent Construction Inspection Supervisor Public Works Supervisor Customer Service Supervisor Purchasing Supervisor
Emergency Services Coordinator Risk Manager
Environmental Programs Coordinator Senior Accountant
Facilities Supervisor Senior Development Specialist
Financial Analyst Senior Engineer
Fleet/Warehouse Supervisor Senior Financial Anal yst
Human Resources Analyst Senior Human Resources Analyst
Human Resources Specialist Senior Mana gement Analyst
Maintenance Crew Supervisor Senior Planner
Management Analyst Senior Plans Examiner
Plans Examiner Senior Project Manager
Public Relations Analyst Streets Operations Manager
Public Works Inspection Supervisor Water Operations Mana ger Public Works Supervisor/Water
Secretary to the City Manager & City Council
Senior Economic Development Specialist
Shelter Supervisor
SECTION 5: Confidential Employees
Confidential employees are designated as such when an employee, in the course of his or her duties, has access to information relating to the City’s administration of employer-employee relations.
Employees designated as confidential employees may not represent any employee organization which represents other City employees concerning t he wages, hours or other terms and conditions of employment of such other employees. The empl oyees designated as confidential employees are as follows:
Budget/Finance Manager
Executive Secretary
Human Resources Analyst
Human Resources Manager
Human Resources Specialist
Personnel Technician
Secretary to the City Manager/City Council
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 5 -
SECTION 6: Salary
1 Annually, a Cost of Living Adjustment (COLA) will be reviewed by management and presented to the City Council. The COLA will be based on the annualized Consumer Price Index (CPI) – All Urban Consumers (Area: Riverside-San Bernardino – Ontario).
2 The salary ranges will be listed in the City’s Combined Compensation Schedule. 3 Bonus Program for employees on Step 11 based on merit on their anniversary date is established.
See ORG-42.
a. This program was frozen for Fiscal Year 2020-21.
4 Merit step increases were frozen for Fiscal Year 2020-21. 5 Each non-represented full-time and part-time employee who is actively employed with the City of Hesperia on June 24, 2021, shall receive a lump sum bonus payment equal to 3% of the respective employee’s annual base salary in effect as of June 4, 2021. This amount shall not increase the employee’s base pay rate but is a one-time lump sum bonus only. This one-time payment will be included in the last paycheck received in the month of June 2021 and will not be reported to CalPERS as special compensation.
6 Each non-represented full-time and part-time employee who is actively employed with the City of Hesperia on June 17, 2022, shall receive a one-time retention payment as follows:
$1,750 – Part-Time Classification
$3,500 – General
$4,000 – Professional/Supervisory
$4,500 - Management and above
This one-time payment will be included in the last paycheck received in the month of June 2022 and will not be reported to CalPERS as special compensation. 7 Each non-represented full-time and part-time employee who is actively employed with the City of Hesperia on May 17, 2024, shall receive a one-time stipend payment as follows:
$500 – Part-Time Classification
$1,100 – General
$1,200 – Professional/Supervisory
$1,300 - Management and above
This one-time payment will be included in the first paycheck received in the month of June 2024 and will not be reported to CalPERS as special compensation.
SECTION 7: CalPERS Retirement Plan
The City has amended its contract with the Board of Administration of CalPERS to provide the 2.7%@55 full retirement formula, which increased the employee’s rate of contribution to 8% of reportable earnings.
The City has elected and continues to elect to be subject to the following optional retirement provisions:
a. Section 20042 (One-Year Final Compensation).
b. Section 20903 (Two Years Additional Service Credit).
c. Section 21574 (Fourth Level of 1959 Survivor Benefits. The City funds the Employer and Employee contribution of the Survivor Benefits. The Survivor “Employee Contribution” is not credited to the member’s account and is not refundable.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 6 -
d. Section 21024 (Military Service Credit as Public Service).
Effective the first full pay period after July 1, 2012, the City’s contribution towards the local miscellaneous member’s contribution will be zero percent of reportable compensation, and each local miscellaneous member’s contribution shall be 8% of the individual member’s reportable earnings.
Employees hired by the City on or after January 1, 2013, who qualify as “new members”, as that term is defined in the Public Employee Pension Reform Act (AB 340), shall be subject to the Act including but not limited to:
a. 2% at 62 retirement formula
b. Pension benefit is based on the highest annual final compensation during a consecutive 36 month period.
c. CalPERS contribution of 50% of the CalPERS “normal cost” as that term is defined in the Act.
In addition to paying the full CalPERS member c ontribution, each employee covered by the CalPERS
2.7% @ 55 full retirement formula shall, effective the first full pay period after July 1, 2015, pay one percent of reportable earnings by payroll deduction as cost sharing of the City’s normal costs pursuant to Government Code sections 7522.30 (e) and 20516 (f).
SECTION 8: 401 (a) Program
The City will provide to all Non-Represented employees a 401 (a) program with contributions every pay period as follows:
General
One percent of base salary
Professional/Supervisory
Two percent of base salary
Management
Three percent of base salary
Senior Management
Four percent of base salary
For plan rules and details, refer to the plan documents available in Human Resources.
SECTION 9: Health Insurance
All employees must enroll in an available City health insurance plan unless they opt out with proof of alternate group coverage.
1. Health Insurance Provider:
The City will make available a comparable health insurance plan(s) for all full-time regular employees and elected officials.
2. City Contributions:
The City contribution for full-time regular employees and elected officials are exclusively for the premiums of health, dental and optical only and in cludes the minimum required employer monthly contribution amount as designated by the Health Insurance Provider with the remaining monthly amount provided through the City’s Cafeteria Plan.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 7 -
a. Full-time Regular Employees and Elected Officials Contributions:
Effective December 1, 2024, for the January 2025 insurance premiums, the City shall pay up to $1,650 per month; the employee shall be responsible for the paying the difference, or the amount greater than $1,650 through payroll deduction. Effective July 1, 2023, for the August 2023 insurance premiums, the City shall pay up to $1,550 per month; the employee shall be responsible for paying the difference, or the amount greater than $1,550 through payroll deduction.
Effective July 1, 2022, for the August 2022 insurance premiums, the City shall pay up to $1,450 per month; the employee shall be responsible for paying the difference, or the amount greater than $1,450 through payroll deduction.
Effective July 1, 2021, for the August 2021 insurance premiums, the City shall pay up to $1,324 per month; the employee shall be responsible for paying the difference, or the amount greater than $1,324 through payroll deduction.
Effective July 1, 2020, for the August 2020 insurance premiums, the City shall pay up to $1,224 per month; the employee shall be responsible for paying the difference, or the amount greater than $1,224, through payroll deduction.
Cash Back Provision: Should the employee/elected official select plans that total premium cost less than the City Contribution:
Hired before January 1, 2013, and receive the Cash Back Provision as of February 28, 2019, the difference up to $665 per month will be paid out in cash. The City’s payment above $665 will be paid for insurance costs only, with no difference available as cash.
Hired before January 1, 2013 and select a change to receive the Cash Back Provision on or after March 1, 2019, the difference up to $300 per month will be paid out in cash. The City’s payment above $300 will be paid for insurance costs only, with no difference available as cash.
Effective March 2019 for April premiums, employees hired on or after January 1, 2013, the difference up to $300 per month will be paid out in cash. The City’s payment above $300 will be paid for insurance costs only, with no difference available as cash.
All cash payments shall be subject to taxation.
b. Opt-out of City Health Coverage Contribution:
Full-time regular employees and elected officials who opt-out of the City’s health insurance with proof of alternate group coverage:
Hired before January 1, 2013 and opt-out as of February 28, 2019 are eligible to receive the difference less their dental and vision plan selections up to $665. Hired before January 1, 2013 and select a change to opt-out on or after March 1, 2019, are eligible to receive the difference less their dental and vision plan selections up to $300.
Hired after January 1, 2013 are eligible to receive the difference less their dental and vision plan selections up to $300.
In order to opt out, an employee must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 8 -
the opt out period. An employee must provide the attestation every plan year at open enrollment. The opt-out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
c. Retiree Health Contribution:
The City shall provide each employee who retires the minimum employer monthly health premium contribution as designated by the Health Insurance Provider and based on verification of enrollment in a health plan. If the retiree does not participate with the City’s designated Health Insurance Provider, this contribution will be paid to the retiree annually after the end (December) of the plan year and said contribution shall terminate upon the retiree’s sixty-fifth (65
th) birthday.
SECTION 10: Dental Insurance
The City shall provide group dental insurance coverage. Full-time regular employees and elected officials are required to enroll in group dental coverage at the minimum single-party rate. The City will pay the single party rate of the dental plan and if the selected dental plan is higher, then the employee shall be responsible for paying the difference, which shall be paid from the City’s contributions as set forth in Section 9.
SECTION 11: Optical Insurance
The City shall provide group optical insurance coverage. Full-time regular employees and elected officials are required to enroll in group optical coverage at the minimum single-party rate. The City will pay the single party rate of the optical plan and if the selected optical plan is higher, then the employee shall be responsible for paying the difference, which s hall be paid for from the City’s contributions as set forth in Section 9.
SECTION 12: Short-Term/Long-Term Disability Insurance
The City agrees to provide access to a short-term /long-term disability insurance policy or coverage.
Employees are required to pay for this short-term/long-term disability insurance.
SECTION 13: Life Insurance
The City will provide a life insurance plan. All non-represented employees shall be provided coverage amounts of one time their annual salary. Elected officials will continue to receive life insurance coverage of $50,000. The City shall pay the life insurance premiums for all non-represented full-time, continuous salaried employees and elected officials.
SECTION 14: Employee Assistance Program
The City shall provide an Employee Assistance Program for all full-time continuous salaried employees, elected officials, and dependent coverage.
SECTION 15: Benefit Amendment Clause
Any other employee benefit expressed in terms of days earned, not specifically mentioned above, is hereby amended to provide eight (8) hours accrued benefit in lieu of days.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 9 -
SECTION 16: Work Schedules
Management is authorized to change normal work schedules for employees to include closed Fridays, Saturdays and Sundays to serve the customer service needs of the City and save overtime costs.
Reasonable notice of two weeks must be provided unless the normal work schedule change is mutually agreed to by the supervisor and employee. Human Resources and Payroll will maintain employees’ assigned schedules.
For purposes of continuing the workweek schedule without the City incurring any increased costs or the employees receiving any increase in benefits, the following shall apply:
1. General Agreement - Whenever any oral or written practice, procedure, or policy provides employee economic benefits in terms of days, all such provisions shall be converted to provide such economic benefits in terms of hours and any such practice, procedure, or policy which previously was phrased in terms of days is hereby converted to eight (8) hours for each day.
2. Workweek - The workweek for employees shall begin and end as follows:
a Employees assigned to the “9/80” schedule will work four (4) days per week, nine (9) hours per day and eight (8) hours every other Friday, with the alternating Friday off the workweek shall begin each Friday afternoon at 12:01 p.m. and end the following Friday morning at 12:00 p.m. noon. As established by the City in January 1996.
b Employees assigned to work the “4/10” schedule will work four (4) days per week, ten (10) hours per day, their workweek shall begin at 12:01 a.m. each Monday morning and end the following Sunday night at 12:00 p.m. midnight. As established by the City in 1996. c Employees assigned to work the “5/8” schedule will work five (5) days per week, eight (8) hours per day, their work week shall begin at 12:01 a.m. each Monday morning and end the following Sunday night at 12:00 p.m. midnight. As established by the City in the Personnel Rules and Regulations, Rule V, Section 1.
An employee’s normal work schedule may be adjusted during a workweek, with time off on an hour- for-hour basis in lieu of overtime during the same workweek.
3. Holidays –
a Paid holidays will be paid at the same number of hours of the employee approved work schedule. For example, employees working a 4/10 schedule: paid holiday will be at ten (10) hours per holiday.
b When assigned to the 4/10 schedule and a holiday falls on an employee’s normal schedule day off, the hours will be accrued and utilized with Supervisor approval at a later time that does not unduly disrupt the operations of the department. On June 30th of each year, accrued holiday hours shall be paid down to zero. Christmas Eve, Christmas Day and New Year’s Day holiday hours will not be accrued and must be used during the City’s closure.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 17: Holidays
All full-time continuous salaried employees shall be compensated at the regular rate for the following holidays:
1. Independence Day
2. Labor Day
3. Columbus Day
4. Veteran’s Day
5. Thanksgiving Day
6. Day after Thanksgiving
7. Christmas Eve
8. Christmas Day
9. New Year’s Day
10. Martin Luther King Jr. Day
11. President’s Day
12. Memorial Day
13. Juneteenth Day
Columbus Day will be observed in FY 2021-22, during the Pilot Schedule Program. If the Program continues on the following year and thereafter, observing Columbus Day will be reviewed each year by Management for observance and an announcement will be provided by the end of August.
City facilities will be closed between Christmas Day and New Year’s Day in what was a regular work week.
1. Each employee shall be paid for those days for the same amount of hours for which the employee would have been regularly scheduled and would have worked if the City were not closed on those dates. Emergency service employees may not be eligible for this closure but shall be eligible for overtime if worked.
2. For employees on the 4/10 schedule, Christmas Eve, Christmas Day and New Year’s Day will not be accrued holiday hours and must be used during the City’s closure and employees will only be compensated up to the amount of their regular work schedule. For example, in 2021, City facilities will be closed on December 23 through December 31. An employee who is on the 4/10 schedule and regularly works Monday – Thursday will work/report hours as follows: 12/20, 12/21, and 12/22 regular hours, 12/23 holiday hours, 12/27 holiday hours, 12/28 and 12/29 City paid closure hours, and 12/30 holiday hours.
3. City facilities will be closed on December 23, 2024 and January 2, 2026. Each employee shall be paid for those days for the same amount of hours for which the employee would have been regularly scheduled and would have worked if the City were not closed on those dates.
Employees may not be eligible for this closure but shall be eligible for overtime if worked.
For employees to be compensated (vacation or sick leave) for a day off prior to or following a Holiday, the employee must request and have approved the time off prior to the Holiday. If the employee does not have written approval for the absence, the employee must provide the City with a certification of absence from a physician for the absence or the absence will result in a non-paid leave.
SECTION 18: Three-Tiered Management Program
Employees designated as either Professional/Super visory, Management or Senior Management are not eligible for overtime pay or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees and the following:
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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Professional/Supervisory
Administrative leave of a maximum of fifty-five (55) hours per fiscal year at the discretion of appropriate supervisor.
Management
Administrative leave of a maximum of sixty-five (65) hours per fiscal year at the discretion of appropriate supervisor.
Senior Management/ At-Will Senior Management
Administrative Leave to a maximum of eighty-four (84) hours per fiscal year at the discretion of appropriate supervisor.
New employees’ accrual of administrative leave shall be prorated to the end of the fiscal year.
Administrative leave is intended to be used in the fiscal year. If an employee separates from employment, however, the employee will be compens ated for any accrued, but unused, administrative leave. Any unused administrative leave will be converted to vacation hours at the conclusion of the fiscal year.
SECTION 19: Vacation
All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule:
Years of Service Annual Hours Accrued
1 80
2 88
3 96
4 104
5 112
6 120
7-9 128
10 136
11-13 144
14 152
15+ 160
Employees may use up to forty (40) hours of accrued vacation after six (6) months of service.
Employees will have a maximum of 500 hours carry-over of vacation per fiscal year. On June 30, if an employee exceeds the maximum accrual allowable, the vacations hours in excess of 499 will be paid at the employee’s current hourly rate. This will be evaluated on a fiscal year basis.
During the month of October, an employee may elect to convert up to two hundred and forty (240) hours of vacation into cash payment(s) at the base rate of pay in effect at the time of the cash-out, as long as the employee has eighty (80) hours of vacation remaining on the books at the time of the pre- designation. To cash-out vacation, an employee must make an irrevocable election (i.e., pre-designation) during the month of October, specifying the total number of hours to be cashed-out from next year’s vacation leave accrual. During the calendar year following the pre-designation, an employee may choose increments of vacation to cash-out in March, May and August; the minimum increment for vacation cash- out is twenty (20) hours. If no cash-out occurs during the year and/or any remaining balance of the pre- designated amount will be cashed out in November. If the employee does not have the vacation hours available to satisfy the amount pre-designated for cash-out, the employee will be precluded from making an irrevocable election and cashing out for the following calendar year.
All accrued but unused vacation shall be paid out to the employee upon separation of employment.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 20: Sick Leave
All full-time employees will accrue sick leave at the rate of eight (8) hours per month, ninety-six (96) hours per year. Sick leave can be accrued without limit. Eighteen (18) hours of sick leave per fiscal year may be utilized for personal time. As long as the empl oyee has remaining forty (40) hours of sick leave accrued, employee may use eighteen (18) hours of sick leave per fiscal year for personal time. Personal time hours must be requested prior to the time of use and used during the fiscal year and can be neither cashed out nor carried over into the new fiscal year. If not used during the fiscal year any remaining personal time hours shall be lost.
The City will establish a Sick Leave Conversion Program which will allow a full-time employee with a sick leave accrual balance of 268 hours to convert sick le ave hours to their vacation accrual balances once during the pay periods in October, under the following conditions:
1. Eighteen (18) hours may be converted if the full-time employee reported to work each day during the prior fiscal year and did not call in sick.
2. Nine (9) hours may be converted if the full-time employee called in sick once during the prior fiscal year.
Pre scheduled sick leave use will not be considered as “ not calling in sick” in numbers 1. and 2. above.
Please refer to Sick Leave Conversion Program for further details.
There will be no buyout or conversion of unused sick leave upon termination of employment.
The following only applies to all part-time, temporary, and seasonal employees as well as Administrative Interns, in accordance with California’s Paid Sick Leave law the City of Hesperia is required to provide paid sick leave with the following conditions:
A. Three (3) days or twenty-four (24) hours of paid sick leave at the beginning of each twelve (12) month period beginning on the first date of employment or July 1, 2015, whichever is later.
Effective January 1, 2024, an additional sixteen (16) hours of paid sick leave will be provided to all active part-time, temporary, and seasonal employees for a fiscal year (2023/2024) total of forty (40) hours. Each new part-time, temporary and seasonal employees thereafter will be provided forty (40) hours of paid sick leave on the first date of employment.
Unused sick leave will carry over each fiscal year with a maximum amount of forty (40) hours.
An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City.
B. An employee may use sick leave for one of the following reasons:
a. For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
b. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
i. Child regardless of age or dependency status (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.)
ii. Spouse or Registered Domestic Partner
iii. Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.) iv. Grandparent
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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v. Grandchild
vi. Sibling
c. To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking after giving the City reasonable advance notice of the need for time off
d. where feasible, for the following non exhaustive reasons:
i. A temporary restraining order or restraining order.
ii. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
iv. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. v. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
vi. 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.
C. An employee shall provide reasonable advance not ification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable ( e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.
D. An employee who uses paid sick leave must do so with a minimum increment of two (2) hours of sick leave.
E. Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement, or other separation from employment from the City.
F. If an employee separates from City employment and is re-hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated.
However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 21: Bereavement
Rule VI, Leave, Section 7, Sick Leave, Subsection 8, Bereavement Leave, of the Personnel Rules and Regulations is revised to provide that any eligible employee who is absent from work by reason of a death in their immediate family will be allowed a leave of absence with pay up to five (5) cumulative working days (44 hours) per occurrence or a death of their blood relative, will be allowed a leave of absence with pay up to three (3) cumulative working days (27 hours) per occurrence. Additional time may be requested by the eligible employee, however, this additional time will be deducted from the employee’s leave accrual, e.g. sick (up to 13 hours); vacation.
For the purpose of this section, “immediate family” is defined as employee’s spouse or registered domestic partner, employee’s parents, employee’s spouse’s parents, employee’s child, step-child, step- parent, grandparent, grandchild, brother, sister, step-brother, and step-sister. “Blood relative” is defined as, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, legal guardian, employee’s ex-spouse who is parent of employee’s children, domestic partner as defined under California Family Code Section 297, and/or any other individual living in the same household as the City employee. The department head and the City Manager shall approve such bereavement leave with their signature.
SECTION 22: Workers' Compensation
The City provides certain supplementary Workers' Compensation benefits for temporary disabilities other than Police and Fire. (See Resolution No. 90-36).
SECTION 23: Jury Duty
Rule VI, Section 3 (1), “Jury Duty” of the Personnel Rules and Regulations is superseded to provide that employees who are summoned to appear and serve for jury duty shall be entitled to up to eighty (80) hours leave.
SECTION 24: Leave Without Pay
Rule VI, Section 4, “Leave of Absence Without Pay” of the Personnel Rules and Regulations is superseded to provide that such maximum leave shall be eighty (80) working hours rather than ten (10) working days.
SECTION 25: Education Reimbursement/Certification Incentive Pay
A. The City’s Tuition Reimbursement Policy fo r non-represented employees shall provide a maximum of $3,000 reimbursement per fiscal year per non-represented full-time employees. For full-time non-represented employees with five consecutive years of employment based on an employee’s hire date, the City shall provide $4,000 reimbursement per fiscal year.
In all other respects, the Tuition Reimbursement Policy shall remain in full force and effect.
When the City determines that a reclassification of a position requires the incumbent to obtain a specialized license or certificate, or if such a requirement is established for the position by a federal or state agency during an employee's employment in the position, the City agrees to assume the cost for such certification or license. The City may pay directly or reimburse the employee if proof of cost is presented by the employee.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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B. Commercial Driver’s License Incentive Pay
Employees maintaining a valid Commercial Driver’s License either Class “A” or “B”, placed on the City’ Department of Transportation Random list for testing and complies with the City’s Drug and Alcohol Testing Program for Commercial Drivers shall receive a one-time payment of $100 each fiscal year. This certification payment shall be made on or after February 1 and each year thereafter for those employees who hold the License as of January 31st. This certification pay will not be considered special compensation and will not be reported to the California Public Employees’ Retirement System. Those employees re ceiving auto allowance are not eligible for this incentive.
SECTION 26: Bilingual Pay
The City has established a Bilingual Pay Program which compensates designated employees who provide translation to and from a foreign language and related services. Department heads will recommend which classifications and employees to be considered for bilingual pay, and the City Manager will approve assignment recommendations based on the customer services needs of the City.
Eligible employees will be required to pass a test that shall be administered by a qualified agency or individual. Employees who pass the test and are assigned to provide bilingual translation services will receive $100 per month as compensation. If the employee is reassigned to no longer provide bilingual translation services, the $100 bilingual pay will be discontinued and will not be paid in the following month. It should be noted that regardless of whether or not an employee is receiving bilingual pay, all employees having bilingual capability shall be expected to reasonably respond to non-English inquiries directed to them in their capacity as a City employee.
SECTION 27: Cell Phone Allowance
The City shall provide a cell phone allowance of $100 per month (24 pay periods per year) to Senior Management employees as designated by the City Manager.
The City Manager may designate employees in the role of Public Information Officer and Emergency Responders in the Management and Professional Superviso ry Tier to receive a Cell Phone allowance of $100 per month (24 pay periods per year).
SECTION 28: Automobile Allowance
Senior Management/ At-Will Senior Management
Automobile allowance of $600 per month is provided to Senior Management employees, if a City vehicle is not provided. The City Engineer, Deputy City Engineer, Deputy Community Development Director, Deputy Development Services Director, Deputy Finance Director, and Deputy Human Resources/Risk Management Director are in the Senior Management category, however do not receive the Automobile Allowance monthly payment.
Elected Officials
May select to receive an amount up to $600 per month as automobile allowance.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 29: Uniforms and Boot Reimbursement
Affected employees will receive eleven (11) sets of uniforms rented by the City. The City will pay for the cleaning of these uniforms.
In accordance with CalPERS regulations, any “Classic” employee required to wear a full uniform that is rented and maintained by a uniform vendor through a contract with the City shall have the monetary value of the City-provided uniforms reported to CalPERS as special compensation. The monetary value is based on the pricing for the rental and maintaining (i.e. laundering) the eleven (11) sets of uniforms provided to each employee. The current monetary value that will be reported bi-weekly to CalPERS is $13.12; however, should a new contract between the City and a uniform vendor be approved, which results in a change to the monetary value, the new amount will be reported to CalPERS. The pricing will be specified in the contract between the City and the uniform vendor and will be adjusted accordingly when a change in the cost of renting and maintaining (i.e. laundering) of uniforms occurs. The uniform vendor contract will remain on file with the City Clerk’s office and is selected via a formal bid process.
In accordance with CalPERS PEPRA regulations, any “New Member” employees required to wear a full uniform that is rented and maintained by a uniform vendor through a contract with the City shall not have the monetary value of the City-provided uniforms reported to CalPERS as special compensation.
In addition, each affected employee will be allowed reimbursement of up to $300 for boot purchases made during each fiscal year. A second pair of boots may be reimbursed in a fiscal year with the supervisor’s approval prior to the purchase. Affected employees must purchase boots which meet applicable requirements and specifications as set forth in the American National Standard for personal protection protective boot wear, Z41 1991 and must purchase the boots at a City approved store if the employee wants the store to bill the City directly.
Any portion of this reimbursement which is not used to purchase boots may be used to purchase boot accessories such as laces and inserts. Reimbursement for these expenses shall occur at the same time reimbursement occurs for boot purchases and the total shall not exceed the amount as stated above.
SECTION 30: Overtime Pay
A. Overtime Calculation
All employees required to perform in excess of forty (40) hours in a seven (7) day cycle or in excess of their regularly scheduled workweek, shall receive compensation at the rate of time and one-half his/her regular rate of pay.
In determining an employee's eligibility for overtime, the below listed paid leaves of absence shall be included in the total hours worked. Excluded are duty-free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid leaves of absence include the following:
Holiday Leave
Jury Duty
Bereavement Leave
The following will also be included in paid leave of absence:
Pre-approved (minimum 1 week notice) sick leave
Pre-approved (minimum 1 week notice) vacation leave
There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek in which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding the nearest quarter of an hour.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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B. Overtime Authorization
All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of the duty time are considered as authorized.
An employee's failure to obtain prior approval may result in the denial of the overtime request.
Employees designated as professional/superv isory, management, or senior management are excluded from this provision.
SECTION 31: Compensatory Time Flexibility
In lieu of receiving overtime pay pursuant to this article, an employee may elect to receive compensatory time off on a time and one-half basis. No employee shall accrue more than eighty (80) hours of such compensatory time. Should any employee exceed eighty (80) hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate for all hours in excess of eighty (80) hours.
An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.
On June 30th of each year, all employees accrued compensatory time shall be paid down to zero.
Employees designated as professional/supervisory, management, or senior management are excluded from this provision.
SECTION 32: Out of Class and Acting Assignment Pay
Out-of-class pay may be provided to non-represented employees whenever the needs of the City make it necessary to require an employee to temporarily perform the duties of a higher classification. Situations where out-of-class pay may be necessary usually ar e due to a higher classification employee being on a leave of absence, medical leave, or other non-routine circumstances, or when a higher classification position is vacant. Generally, out-of-class pay is not provided to an employee while filling in for a higher classification for less than two workweeks or vacation and is not required for longer time periods.
The employee approved to receive out of class pay shall receive five percent (5%) or more salary than the salary (step) of his/her current salary, but in no case shall such salary exceeds the top step of the higher classification. The employee approved to receive out-of-class pay shall be eligible to receive merit increases in his/her regular position during the out-of-class pay assignment. Benefits will be calculated using the current base salary of the employee’s regular position during the out-of-class pay assignment. When the out-of-class pay assignment is ended, the employee will receive his/her original salary rate. Out-of-class pay must be requested by a department head and approved by the City Manager.
Acting assignment pay is for short-term assignment s, special projects or specific purpose and/or programs which will terminate in a given period of time, usually six months or less. A non-represented employee approved for an acting assignment is being compensated for performing duties at a level higher than their current classification level. The acting assignment pay is five (5) percent or more salary than the salary step of his/her current salary, but in no case shall exceed twenty (20) percent.
The employee approved to receive acting assignment pay shall be eligible to receive merit increases in his/her regular position during the assignment. Benefit s will be calculated using the current base salary of the employee’s regular position during the acting assignment pay assignment. When the acting assignment pay is ended, the employee will receive his/her original salary rate. Acting assignment pay must be requested in writing by the department head and approved by the City Manager.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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The City will follow the guidelines and rules as established by the California Public Employee Retirement System (CalPERS) law when reporting earnings for working out of class assignments.
SECTION 33: Stand-by Duty
Employees required to standby to handle overtime work which may arise shall be compensated at the rate of two hundred dollars ($200) per seven (7) day period. Effective June 29, 2024, employees shall be compensated at a rate of two hundred eighty dollars ($280) per seven (7) day period.
Standby status is defined as time in which an employee can be reached at his/her residence or by cell phone and be able to respond in thirty minutes.
Standby time is considered special pay under the Fair Labor Standards Act (FLSA). Time compensated in this manner shall not constitute hours worked for purpose of FLSA; however, standby pay will be included into the overtime calculation should overtime be earned during the work week
SECTION 34: Promotions and Step Placement
Any promotion requires a one (1) year probationary period. Once an employee receives regular full-time status at a position and then is promoted, the employee may not be terminated in the event they are unable to successfully fulfill the requirements of the position promoted to but may be reassigned to an equivalent position within the organization in which they served prior to being promoted.
Upon promotion, the employee will receive a minimum of five percent (5%) salary increase or the beginning of the classification range, whichever is greater.
The City Manager is authorized to change an employee’s step to a higher step on the employee’s position classification range in recognition of special accomplishments, retention, or any other circumstances which merit an increase in salary.
SECTION 35: Outside Employment
It is the policy of the City of Hesperia to allow employees to hold a second job as long as the second job does not present a conflict of interest to their position with the City. In addition, it is required that a second job be reported to the Management Services Department.
SECTION 36: Smoking
The City has a no smoking policy to include all tobacco products, including e-cigarettes, vapors exhalants, etc,. Employees are prohibited from use of products in all City buildings including passenger vehicles and equipment owned or leased by the City. Us e of the products will also be prohibited within 20 feet of all vehicles, equipment and entrances, exits, operable windows and ventilation ducts of City buildings.
SECTION 37: Employer/Employee Relations
The City has an Employer/Employee Relations Resolution adopted which provides the guidelines for forming recognized Employee Associations. (See Resolution No. 90-37).
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 38: Disciplinary Appeals
This Advisory Arbitration Provision amends the City of Hesperia Personnel Rules and Regulations, Rule XI, “Appeal Procedures,” by deleting all current text on Pages 60 and 61, and substituting the following language:
Appeal Procedures
Any permanent employee in the classified service shall have the right to appeal any termination, suspension of forty (40) hours or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to those positions which may be deemed exempt or to probationary employees. The appeal process shall not be applicable to verbal and written reprimands, suspensions of less than forty (40) hours, probationary demotions, performance evaluations and denial of merit increases. An employee desiring to appeal the appointing authority's decision shall have ten (10) calendar days after receipt of the response to file an appeal. The employees request for appeal must be addressed to the Director of Administrative Services and received in the Human Resources Division so that same is date stamped by the Human Resources Division within the ten (10) day period.
If, within the ten (10) day appeal period, the employee involved does not file said appeal, unless good cause for failure is shown, the action of the appointing authority shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Division, an appeal hearing shall be established as follows:
A. The American Arbitration Association shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City a nd the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall meet to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lots) until one (1) name remains, and that person shall be the hearing officer.
B. Where practicable, the date for a hearing shall not be less than twenty (20) calendar days, nor more than sixty (60) calendar days, from the date of filing of the appeal with the Director of Administrative Services. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing.
C. All hearings shall be private provided, however, t hat the hearing officer shall, at the request of the employee, open the hearing to the public.
D. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of party, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officers.
E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 38: Disciplinary Appeals (Continued)
F. Each party shall have their rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined -as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary.
G. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence;
4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
H. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence.
He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the par ties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing.
The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions.
I. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, re jecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend for discipline more stringent than that issued by the department head.
The hearing officer's opinion and recommendation shall be filed with the City Manager, with a copy sent to the charged employee and the Director of Administrative Services, and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 21 -
SECTION 38: Disciplinary Appeals (Continued)
J. Within thirty (30) days of the receipt of the hearing officer's findings and recommendation, and transcript (which is optional only by the mutual consent of the City and the employee), whichever date is later, the City Manager, or his/her designee, shall adopt, amend, modify, or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Manager, or his/her designee, shall order and read the transcript of the Third Party Advisory Process. Prior to making a decision which supports the hearing officer, the City Manager, or his/her designee, shall not conduct a de novo hearing. The City Manager, or his/her designee, may, at his/her option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Manager, or his/her designee, shall be final and conclusive. Copies of the City Manager's or his/her designee's decision, including the hearing officer's recommendation(s), shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager.
K. The decision of the City Manager, or his/her designee, shall be final and conclusive. Copies of the City Manager's, or his/her designee's decision, including the hearing officer's recommendation(s) shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager, or his/her designee.
L. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee.
M. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to and be effective as of the date the employee was disciplined pending hearing before and decision by the City Manager, or his/her designee, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate.
N. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.
Appeals of Suspensions Less Than Forty (40) Hours
A permanent employee shall have the right to appeal a suspension less than forty (40) hours in the following manner:
1. The appointing authority shall cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the appointing authority of the specific action against the employee. This statement shall clearly inform the em ployee that he/she has the right, within five (5) working days after receipt of this notice, to request an informal hearing on the action by filing the request with the appointing authority.
2. If within the five-day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 22 -
SECTION 38: Disciplinary Appeals (Continued)
3. If within the five-day appeal period the employee involved files such notice of the appeal by giving written notice of appeal to the appointing authority, a time for an appeal hearing before the City Manager, or his/her designee, shall be established. The date for a hearing shall not be less than ten (10) days, nor more than thirty (30) days, from the date of the filing of the appeal, unless the
4. parties stipulate to a different date. All interested parties shall be notified in writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the hearing.
5. The City Manager, or his/her designee, shall co nduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position.
These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at the party's expense.
Within ten (10) working days after the conclusion of the hearing, the City Manager, or his/her designee, shall deliver to the employee a written decision which shall either (a) affirm the decision, (b) modify it by (1) holding that certain charges were not established by a preponderance of the evidence and/or (2) reducing the penalty or (3) overturn the decision in its entirety. Said decision shall be final and binding on the parties, subject to t heir right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.
SECTION 39: Layoffs
Amend City of Hesperia Personnel Rules and Regulations (9/15/88), Rule VIII, Section 3, Reduction in Force by Layoff, by deleting all current text on Page 49 and substituting the following language.
A. Advance Notice. Employees separated by reason of a reduction in force shall be given at least 30 days prior notice of separation and the reasons therefore. If one or more employee to be separated is represented by a duly recognized employee organization, the City will, on request, meet with such organization concerning the impact of the layoff.
B. Bumping. An employee whose position has been abolished and who would be laid off shall have the right to "bump" into a classification the employee previously held with the City if such position receives the same or lower salary, and is determined by the City Manager or designee to be qualified for such position at the time, based upon the applicable job description.
C. Offer of Reassignment. An employee's appointment shall not be terminated as a result of a reduction in force procedure before the employee has been m ade a reasonable offer of reassignment, if such offer is possible.
D. Offer of Vacant Position. An employee whose position has been abolished and who would otherwise be laid off shall be offered the opportunity to transfer, without examination, to any then currently existing vacant position with the same or lower salary if the employee meets the minimum qualifications for such position, as determined by the City Manager or designee based upon the applicable job description and new application. If two or more employees are eligible for appointment to a vacancy, the criteria set forth in the paragraph entitled Order of Separation shall be applied to determine which employee shall be offered the vacant position.
E. Laid Off Employee on Reemployment Register. The names of regular employees who have been laid off due to reduction in force shall be placed on an appropriate lay off reemployment list according to date and order separated and shall be eligible for reemployment.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
Page - 23 -
Each employee on a lay off reemployment list shall remain on that list for one (1) year. Employees whose name appears on a lay off reemployment list shall be considered for reemployment in the class from which the employee was laid off prior to using any other available employment eligible list to fill regular vacancies in the subject class. The Personnel Officer can extend the active period of reemployment lists or individual employees eligibility on such lists for six (6) month periods as he/she determines to be in the best interest of the City.
1. Notice. The City will notify, by certified mail to the laid off or displaced employee's last known address, of all vacancies for which the employee is eligible for employment under this provision. Such notice shall be given for all such positions which arise for one (1) year from the date of layoff or displacement. A laid off or displaced employee who fails to report for appointment within two (2) workweeks of notice shall be deemed to have rejected appointment and shall be automatically removed from the reemployment register list.
2. Reappointment. An employee who is laid off or displaced to a lower classification under this provision shall be entitled to automatic appointment to any vacant position from which he/she was laid off or displaced or for which he/she is qualified if such employee reports for duty on receiving notice. Appointments shall be made in the reverse order of layoffs, that is, the last laid off shall be the first offered reappointment.
F. Order of Separation.
Selection for retention shall be based primarily upon seniority of service with performance being taken into account.
While seniority is the primary factor in determining order of separation, it is not in and of itself the only determining factor.
Therefore, this policy does not preclude the retention of members which have less seniority to other members within the class for which the reduction in force action may be taken. The following criteria shall be considered in evaluating performance:
1. The employee's written performance evaluations.
2. The history of an employee's written disciplinary actions.
3. The employee's written record of attendance including patterns of sick leave usage, tardiness and unexcused absences.
All newly hired employees serving an initial probationary period, part-time, temporary, seasonal, or emergency employees, in classifications affected by layoff, shall be laid off before any permanent employee is laid off.
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
STAFF REPORT
DATE: June 4, 2024
TO: Mayor and Council Members
Chair and Board Members Hesperia Housing Authority Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Rita Perez, Deputy Human Resources/Risk Management Director
SUBJECT: Memorandum of Understanding between the City of Hesperia and the Teamsters Local 1932 for the period of February 1, 2024 through January 31, 2026
RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No 2024-24 and the Board of Directors of the Hesperia Water District, adopt HWD 202 4-07, approving the Memorandum of Understanding (MOU) with the Teamsters Local 1932 (Teamsters).
BACKGROUND
The current Memorandum of Understanding between the City of Hesperia and the Teamsters was effective from Feb ruary 1, 2022, through January 31, 20 24, and remain ed in effect until a successor MOU was negotiated.
On April 4, 2024 , the City and the Teamsters began the meet and confer process in order to negotiate a successor MOU. In May 202 4, the parties reached a tentative agreement on a successor MOU to cover a two (2) year period beginning February 1, 20 24 through January 31, 2026.
ISSUES/ANALYSIS
The changes to the MOU agreed to by City and Teamsters are as follows:
Article 4: Duration, Implementation and Re-openers
The term of the Teamsters MOU shall be for the duration of February 1, 2024 through January 31, 2026.
Article 13: Salary Ranges
For all Teamsters members as of the time of ratification (May 9, 2024), the City shall pay the sum of $1,000 to be included in the June 6, 2024 paycheck. Bargaining unit members must also be employed by the City as of May 9, 2024.
Effective July 1, 2024, all salary ranges reflect a 4% COLA increase to base salary.
Effective the Monday of the first full pay period of Fiscal Year 2025-26, all salary ranges reflect in base salary a COLA increase based on the Consumer Price Index (CPI) – All Urban Consumers
Staff Report to the Mayor and City Council/Board Members MOU February 1, 2024 through January 31, 2026 between the City of Hesperia and Teamsters June 4, 2024
(Area: Riverside-San Bernardino-Ontario) measured by the annualized CPI from January 2024 to January 2025 no less than 2.0% and no more than 5.0%.
Article 14: Overtime
Standby Pay:
Effective June 29, 2024, employees shall be compensated at a rate of two hundred eighty dollars ($280) per seven (7) day period.
Article 18: Tuition Reimbursement/Certification
Commercial Driver’s License Certification Pay:
Effective 2025, each employee shall receive a one -time payment of $200 each fiscal year for maintaining a valid California Commercial Driver’s License. This certificati on payment shall be made on or after February 1 each year for those employees who hold the License as of January 31st.
Article 20: Health Insurance
Effective December 1, 2024, for the January 2025 insurance premiums, the City shall pay up to $1,650 per month, with no difference received as cash, the employee shall be responsible for paying the difference, or the amount greater than $1,650 through payroll deduction.
Effective December 1, 2025, for the January 2026 insurance premiums, the City shall pa y up to $1,750 per month, with no difference received as cash, the employee shall be responsible for paying the difference, or the amount greater than $1,750 through payroll deduction.
Article 23: Life Insurance
Effective January 1, 2025, the City will pay life insurance premiums for $50,000 life insurance coverage.
Article 28: Holiday
The addition of federal holiday Juneteenth effective 2024 and thereafter. The City closure of December 23, 2024 and January 2, 2026.
Other Changes
Employees assigned to Animal Services Division, Management is authorized to change work schedules (9/80 and 4/10) to include Friday, Saturday, Sunday, holidays, and evenings on a rotating shift to provide the customer service needs of the City, the humane care and t reatment of the animals in the Shelter and save overtime costs.
Any employee working a call out after midnight shall be allowed to have their shift for the next day reduced by the number of hours worked on the call out after midnight and will be paid as hours worked.
Other minor cleanup language to the MOU as agreed upon during the labor negotiations.
CITY GOAL SUPPORTED BY THIS ITEM
Organizational Health: Foster a high performing organization that provides opportunities for professional growth.
Staff Report to the Mayor and City Council/Board Members MOU February 1, 2024 through January 31, 2026 between the City of Hesperia and Teamsters June 4, 2024
FISCAL IMPACT
The monetary implications of the Non-Represented Employees’ Compensation and Benefit Plan is reflected in the Proposed FY 2024-25. The FY 202 4-25 Budget will be presented to the City Council for adoption on June 4, 2024.
ALTERNATIVE(S)
1. Provide alternative direction to staff
ATTACHMENT(S)
1. Memorandum of Understanding
2. Resolution No. 2024-24
3. HWD Resolution No. 2024-07
EXHIBIT A
To Resolutions:
Resolution No. 2024-24 and HWD 2024-07
MEMORANDUM OF UNDERSTANDING
Made and Entered Into Between
The City of Hesperia
and the
Teamsters Local 1932
Effective February 1, 2024 through January 31, 2026
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
TABLE OF CONTENTS PAGE
Foreword ……………………………………………………………….…….….. 4
Preamble ……………………………………………………………….…….….. 4
Article
1 General Provisions
Recognition……………………………………………...….….….….
6 Article 2 Classifications..…………………………………………...…..……… 6 Article 3 Implementation...…………………………………..….....…….….… 6 Article 4 Duration and Implementation..………………………………..……. 6 Article 5 City Rights……...……………………………..……………..….……. 7
Article 6 Employee Rights……………..…………………………..…….……. 8
Article 7 Teamsters Local 1932 Rights..…………..………………………… 8 Article 8 Teamsters Local 1932 Membership……..………………………… 9 Article 9 Non-Discrimination Clause………………………………...……….. 10
Article
10 Working Condition
Alternative Work Schedules and Adjusted Workweeks...…….….
12 Article 11 Rest Periods.……………………………………………...….…….... 13 Article 12 Late Starts…………………………….……………………………… 13
Article
13 Compensation
Salary Ranges...……………………………………………………...
15 Article 14 Overtime……………………...……………………...………….……. 16 Article 15 Uniform and Boot Reimbursement...…………….………………… 19 Article 16 Working out of Classification.………..…………….………….……. 19 Article 17 Bilingual Pay…………………… …………………………….………. 20
Article 18 Tuition Reimbursement/Certification…...…………………….……. 21
Article
19 Benefits
CalPERS Retirement Plan…………………………………….…….
26 Article 20 Health Insurance…………………………………….………….…… 26 Article 21 Dental Insurance...……………………………………………….….. 29 Article 22 Optical Insurance……………………………………….….………... 29 Article
23 Life Insurance………………………………………………….…….. 29
Article 24 IRS 125 Plan……………..……………………………….…………. 30
Article 25 Short Term/Long Term Disability…………………………………... 30 Article 26 Employee Assistance Program………………………….….……… 30 Article 27 Other Deductions…………………………………………………….. 30
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
TABLE OF CONTENTS
PAGE
Article
28 Leaves of Absence
Holidays…………………………………………….……..….……...
32 Article 29 Vacation/Vacation Buy Back………………………………….…... 33 Article 30 Sick Leave/Sick Leave Notification..……………………………… 33 Article 31 Bereavement Leave………………………………………………… 34
Article 32 Worker’s Compensation..…………………………………….……. 34 Article 33 Jury Duty…………………………….………………………….…… 34
Article 34 Leave Without Pay .…………………………..……………….…… 34
Article 35 Catastrophic Leave..………………………………………......…… 35 Article 36 Benefit Amendment Clause……………………………………...… 35
Article
37 Employee/Employer Relations
Employee/Employer Relations …………………………….………
37 Article 38 Promotions and Probationary Period .…………….……………... 37 Article 39 Personnel Files…………………………………………..………..... 37 Article 40 Disciplinary Appeals ……………………………………….………. 37 Article 41 No Strike/No Lockout ……………………………………………… 41
Article 42 Layoffs …………………………………………………….………… 41
Article 43 Performance Evaluations 43
Article
44 Other Policies
Outside Employment ……………………………………..…….......
45 Article 45 Smoking ……………………….…………………………………….. 45
Article 46 Prevailing Benefits ..………………………………………………… 45 Article 47 Provisions of Law ………………………………….…………...…... 45 Article 48 Sole and Entire Memorandum of Understanding .………….….... 45 Article 49 Emergency Waiver…………………………………………..….…... 46
Article 50 Waiver ..……………………………………………….……………… 46
Approvals City, Teamsters Local 1932, City Council..………………………... 47
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Foreword
This Memorandum of Understanding is made and entered into between designated management representatives of the City of Hesperia (hereinafter referred to as the "CITY"), and the designated representatives of the Teamsters Local 1932 (hereinafter referred to as "Teamsters Union").
Preamble
It is the purpose of this Memorandum of Understanding (hereinafter referred to as "MOU") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the general employees covered under this MOU, to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this MOU; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this MOU.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
General Provisions
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 1: Recognition
The City of Hesperia recognizes Teamsters Union as the exclusive majority representative for all classifications in this unit, as set forth below:
Account Clerk Receptionist
Animal Control Officer Registered Veterinary Technician Animal Care Technician Senior Account Clerk
Animal Services Assistant Senior Animal Care Technician Animal Services Representative Senior Animal Control Officer Engineering Technician Senior Animal Services Representative Community Development Technician Senior Custodian
Building Inspector Senior Customer Service Representative Code Enforcement Officer Senior Maintenance Worker
Custodian Senior Maintenance Worker/Water
Customer Service Assistant Senior Pump Maintenance Worker Customer Service Representative Senior Pump Operator
Engineering Aide Senior Warehouse Technician
Equipment Operator Traffic Signal Technician
Facilities Maintenance Technician Utility Line Locator
Equipment Operator/Water Volunteer/Outreach Coordinator Maintenance Worker Warehouse Technician
Maintenance Worker/Water Water Conservation Specialist
Meter Reader Water Quality Specialist
Pump Maintenance Worker Water Quality Technician
Pump Operator Water Resources Specialist
Article 2: Classifications
The City shall not create a new classification or reclassify Teamsters Union represented employees for the purposes of diminishing Teamsters Union representation. Unless the newly classified position would otherwise be outside of the unit (such as a supervisory, management or professional classification) the newly classified position will remain part of Teamsters Union.
Article 3: Implementation
This MOU constitutes a recommendation to be submitted to the City Council and the membership of Teamsters Union. It is agreed that this MOU shall not be binding upon the parties either in whole or in part unless and until the City Council acts, by majority vote, formally to approve and adopt said MOU and the membership of Teamsters Union approves the MOU.
Article 4: Duration, Implementation and Re-openers
This MOU shall, upon ratification by both parties, become effective February 1, 2024 and remain in full force and effect up to and including January 31, 2026. However, if a successor MOU is not negotiated by January 31, 2026, this MOU shall remain in force until a successor MOU is negotiated or the impasse process for a successor MOU has been concluded.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 5: City Rights
The City reserves, retains and is vested with, solely and exclusively, all rights of management which are not expressly abridged by law to manage the City. The City may exercise its management rights unilaterally without the obligation to meet and confer on the decision to exercise such rights. The sole and exclusive rights of management shall include, but not be limited to, the following:
(a) To manage the City generally and to determine all issues of policy; (b) To determine the existence or nonexistence of facts which are the basis of management decisions;
(c) To determine the necessity of organization of an y service or activity conducted by the City and expand or diminish such services;
(d) To determine the nature, manner, means and technology and extent of services to be provided to the public;
(e) To determine methods of financing;
(f) To select types of equipment or technology to be used; (g) To determine and/or change the facility, methods, technological means, and size of the workforce by which City operations are to be conducted; (h) To determine and change the number of locations, relocation and type of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract or subcontract any work or operation of the City; (i) To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice and in accordance with City Personnel Rules and the memoranda of understanding;
(j) To relieve employees from duties for lack of work, funds, or similar non-disciplinary reasons;
(k) To determine and modify productivity and performance programs and standards; (l) To discharge, suspend, demote or otherwise discipline employees for proper cause; (m) To determine job classifications and to reclassify employees in accordance with City Personnel Rules and applicable resolutions and ordinances of the City; (n) To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with City Personnel Rules and applicable ordinances and resolutions of the City;
(o) To determine and administer policies, procedures and standards for selection, training and promotion of employees in accordance with City Personnel Rules and applicable resolutions and ordinances of the City;
(p) To establish employee performance standards including, but not limited to, qualification and quantity standards and to require compliance therewith; (q) To take any and all necessary action to carry out the functions of the City in emergencies.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 6: Employee Rights
A. Employees of the City shall have the right to form, join and participate in the activities of Teamsters Union for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations, but will be required to pay a service fee, or hold conscientious objection status, pursuant to Article 8 herein, if they do not become Teamsters Union members.
B. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City, Teamsters Union, or other employee organization(s) because of the exercise of his/her rights under this Article.
C. The City shall afford employees the procedural due process safeguards as set out in the Personnel Rules and Regulations and this MOU. An employee shall have right of Teamsters Union representation when the employee reasonably anticipates that such a meeting is for the purpose of disciplining the employee or is to obtain facts to support disciplinary action.
Article 7: Teamsters Local 1932 Rights
A. The City recognizes the rights of Teamsters Union to govern its internal affairs.
B. The City agrees to include a Teamsters Union "Information Packet" in the orientation packet for newly hired employees in positions represented by Teamsters Union. The City and Teamsters Union agree that the purpose of the "Information Packet" is to familiarize new employees with the operations and benefits of Teamsters Union. All costs associated with preparing the "Information Packet" shall be borne by Teamsters Union. Teamsters Union agrees to indemnify and hold the City harmless for any disputes between employees represented by Teamsters Union and Teamsters Union arising out of information contained in the "Information Packet." Prior to distribution, the "Information Packet" must be approved by the City. Teamsters Local 1932 representatives shall be notified at least 10 days prior, or as soon as is practical, to participate in a new employee orientation on City time for the sole purpose of providing information regarding Teamsters Local 1932 membership. This participation shall be mandatory and without the presence of the City or its representatives, and shall be for 30 minutes during New Employee Orientation.
C. The City will furnish a reasonable portion of existing bulletin board space or allow Teamsters Union to install a bulletin board for notices of Teamsters Union. Only areas designated by the appointing authority may be used for posting of notices. Posted notices shall not be obscene, defamatory, or of a political nature nor shall they pertain to public issues which do not involve the City or its relations with City employees. All notices to be posted must be dated and signed by an authorized representative of Teamsters Union, with a copy to be submitted to the City Manager. City equipment, materials, or supplies shall not be used for the preparation, reproduction, or distribution of notices, nor shall such notices be prepared by City employees during their regular work time.
D. The City agrees to provide Teamsters Union with a quarterly listing of names, departments, classifications, and addresses of employees in classifications represented by Teamsters Union. Names, departments, classifications, and addresses provided will reflect the most current data on file with the Management Services Department, Human Resources/Risk Management Division, as of the date the list is prepared. These quarterly listings will identify separated and new hire employees separately.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 7: Teamsters Local 1932 Rights (continued)
Within one week of starting work, the Human Resources/Risk Management Division will notify a Teamsters Union designated representative at City Hall of the name, job title, and department of each new hire. This will allow a Teamsters Union representative to contact the new employee and offer to meet with them during a break, lunchtime, before or after work, to answer any questions the new employee may have about Teamsters Union membership and benefits.
E. The parties recognize and agree that in order to maintain good employee relations, it is necessary for representatives of Teamsters Union to confer with City employees during working hours. Teamsters Union shall provide and maintain with the City a current list of the names of all authorized representatives of the Teamsters Union. An authorized representative shall not enter any work location without the consent of the Department Head or his/her designee or the City Manager or his/her designee. The Department Head or his/her designee shall have the right to make arrangements for a contact location removed from the work area of the employee. Management shall not unreasonably deny access.
F. Teamsters Union will be granted permission to use City facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use City facilities must be obtained by Teamsters Union from the appropriate appointing authority. Teamsters Union shall be held fully responsible for any damages to and the security of any City facilities that are used by Teamsters Union. No City vehicles, equipment, time or supplies may be used in connection with any activity of Teamsters Union, except as may be otherwise provided in this Agreement.
G. The City agrees to allow City time for Teamsters Union employee representative meetings, if they do not disrupt City operations. The employee representative meetings will be every other month for one hour around lunchtime, so travel time is minimized. There are approximately seven employee representatives related to City Department/Divisions.
Supervisors must be informed at least three days before the meetings, and if City operations will be disrupted, the employee representative meeting needs to be rescheduled.
Article 8: Teamsters Local 1932 Membership
Each fiscal year, Teamsters Union shall inform the City in writing of the membership dues per month (prorated from the date an employee joins the Teamsters Union). Employees may authorize the deduction of the dues from payroll, or may pay the amounts directly to Teamsters Union.
Dues withheld by the City shall be transmitted to the Teamsters Union Officer designated in writing by Teamsters Union as the person authorized to receive such funds, at the address specified.
The City shall not be obligated to put into effect any new, changed or discontinued deduction until a Teamsters Union certifies that it has in its possession a valid dues authorization card, and such certification is submitted to the Management Services Department in sufficient time to permit normal processing of the change or deduction.
Teamsters Union shall be fully responsible for expending funds received under this Article consistent with all legal requirements for expenditures of employee dues, which are applicable to public sector labor organizations.
Teamsters Union hereby agrees to defend, indemnify and hold harmless the City and its officers and employees from any claim, loss, liability, or cause of action of any nature whatsoever arising out of the operation of this Article.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Teamsters Union’s indemnity and liability obligation is more fully set forth as follows:
Teamsters Union shall defend, indemnify and hold harmless the City and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. Upon commencement of such legal action, administrative proceeding or claim, Teamsters Union shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit, or judgment made or brought against the City or its officers and employees because of any application of this Article shall not be compromised, resisted, defended, tried, or appealed. Any such decision on the part of Teamsters Union shall not diminish Teamsters Union’s defense and/or indemnification obligations under this Agreement.
The City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform Teamsters Union of such action, provide Teamsters Union with all information, documents and assistance necessary for Teamsters Union defense or settlement of such action, and fully cooperate with Teamsters Union in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by Teamsters Union.
Teamsters Union, upon its compromise or settlement of such action or matter, shall immediately pay the parties to such action all sums due under such settlement or compromise. Teamsters Union, upon final order and judgment of a court of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order and judgment.
Article 9: Non-Discrimination Clause
No person shall in any way be favored or discrim inated against, by either the City or Teamsters Union to the extent prohibited by law because of political opinion or affiliation, race, color, religion, sex, sexual orientation, marital status, age, national origin, veteran status, medical condition, or physical or mental disability or other protected classifications. This affects decisions including, but not limited to, an employee's compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer and other privileges of employment.
The City is committed to providing ongoing training to all employees on the subjects of equal employment, non-discrimination and cultural awareness.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Working Conditions
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 10: Alternative Work Schedules and Adjusted Workweeks
A. Alternative Work Schedules
The City instituted a 9/80 workweek effective January 1996.
Employees may switch to a 4/10 workweek on a seasonal basis and for temporary periods of time to meet particular work needs. At the end of such periods, the employees shall revert to a 9/80 schedule.
The City and Teamsters Union for purposes of implementing an alternate workweek schedule without the City incurring any increased costs or the employees receiving any increase in benefits, the following shall apply:
1. General Agreement - Whenever any oral or written practice, procedure, or policy provides employee economic benefits in terms of days, all such provisions shall be converted to provide such economic benefits in terms of hours and any such practice, procedure, or policy which previously was phrased in terms of days is hereby converted to eight hours for each day.
2. Workweek – The following shall amend Rule XI, paragraph 1, subparagraph 1 of the Personnel Rules, for the purposes of the employees represented by Teamsters Union.
The workweek for employees assigned to an alternate workweek shall begin and end as follows:
a. For employees assigned to work four (4) days per week, ten (10) hours per day (the "4/10"), their workweek shall begin at 12:01 a.m. each Monday morning and end the following Sunday night at 12:00 p.m. midnight.
b. For employees assigned to work four (4) days per week, nine (9) hours per day and eight (8) hours every other Friday, with the alternating Friday off (the "9/80"), the workweek shall begin each Friday afternoon at 12:01 p.m. and end the following Friday morning at 12:00 p.m. noon.
3. Holidays - On the 9/80 alternate workweek, paid holidays will be at nine (9) hours for holidays falling Monday - Thursday, and eight (8) hours if falling on Friday. Section 3, subdivision 1, Rule VI, of the Personnel Rules and Regulations will now read as follows:
a. Any other employee benefit expressed in terms of days earned, not specifically mentioned above, is hereby amended to provide eight (8) hours accrued benefit in lieu.
Effective March 17, 2018, paid holidays will be paid at the same number of hours of the employee approved alternate work schedule. For example, employees working a 4/10 schedule: paid holiday will be at (10) hours per holiday.
4. Modified 9/80 Work Schedule (New Subsection added per Resolution 2005-160 and HWD 2005-24 approved December 7, 2005) – The City desires to develop a Modified 9/80 Work Schedule to have certain City programs open to the public on alternative or normally closed Friday’s starting in 2006. City management is developing a plan and evaluating resource needs to have certain City programs open to the public on alternative or normally closed Fridays. The longer term goal of the City is to have all City programs, some on a limited basis, open to the public on alternative or normally closed Friday’s. The Teamsters Union has agreed to cooperate with City management on voluntarily assigning Teamsters Union represented employees to work the alternative or normally Closed Fridays to improve customer service for the public and not increase overtime costs. While
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
this is not a binding provision, it is a clear agreement by the Teamsters Union and City management to cooperate to serve the public’s interest.
B. Adjusted Workweeks for existing Teamsters Union employees in the following classifications:
Teamsters Union positions assigned to Animal Services Division – Management is authorized to change work schedules (9/80 and 4/10) to include Friday, Saturday, Sunday, holidays, and evenings on a rotating shift to provide the customer service needs of the City, the humane care and treatment of the animals in the Shelter and save overtime costs. Reasonable notice of two weeks must be provided unless the normal work schedule change is mutually agreed to by the supervisor and employee.
C. New and Promoted Employees’ Adjusted Workweeks (Revised language added per Resolution No. 2005-160 and HWD 2005-24 approved December 7, 2005) – New employees hired and existing employees promoted after MOU approved by the City Council who have been informed at the time of employment that management has the authority to adjust their workweek can have the workweek scheduled as follows:
1. Adjust new employees and promoted employee’ normal work schedule during a workweek, with time off on an hour-for-hour basis in lieu of overtime during the same workweek.
2. Management is authorized to change normal work schedules for new employees’ and promoted employees’ to include closed Fridays, Saturdays, and potentially Sundays to serve the customer service needs of the City and save overtime costs. Reasonable notice of two weeks must be provided unless the normal work schedule change is mutually agreed to by the supervisor and employee.
Article 11: Rest Periods
All Teamsters Union represented employees shall receive, at the direction of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half shift. Employees working in the field shall take, at the direction of the department, rest periods at or nearby the work site or return to their department for rest. For employees working in the field, the 15-minute rest periods include travel time employees may take from the work site to and from the department. Rest time is not cumulative beyond the half scheduled workday within which the break period occurs.
Article 12: Late Starts
An employee who is tardy to work shall be docked pay at the discretion of the Department Head.
Such docking shall be done in fifteen (15) minute increments. An employee may not substitute accrued compensatory time, vacation, holiday, or sick leave for the docked pay, nor may the employee utilize a shortened break period or lunch period.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Compensation
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 13: Salary Ranges
A. Effective the first full pay period of Fiscal Year 2020-21, all salary ranges reflect in base salary a COLA increase based on the Consumer Price Index (CPI) – All Urban Consumers (Area: Riverside-San Bernardino-Ontario) measured by the annualized CPI from January 2019 to January 2020 no less than 3.0% and no more than 4.5%.
B. Effective the first full pay period of Fiscal Year 2021-22, all salary ranges reflect in base salary a COLA increase based on the Consumer Price Index (CPI) – All Urban Consumers (Area: Riverside-San Bernardino-Ontario) measured by the annualized CPI from January 2020 to January 2021 no less than 2.0% and no more than 4.5%.
C. Effective the first full pay period of Fiscal Year 2020-21, City agrees to implement the results of the salary study, so long as the City’s Sales and Use Tax for FY 2020-21 increases by 2% or more. If the Sales and Use Tax does not increase for FY 2020-21 by 2% or more, then effective the first full pay period of Fiscal Year 2021-22, City agrees to implement the results of the salary study, so long as the City’s Sales and Use Tax for FY 2021-22 increase by 2 % or more.
Should the Sales and Use Tax increase by 2% or more, the following classifications will increase:
Position Range
Change
Building Inspector +1.0
Code Enforcement Officer +1.0
Senior Pump Maintenance Worker +0.5
Senior Pump Operator +0.5
Water Quality Specialist +0.5
Engineering Technician +1.5
Equipment Operator/Water +0.5
Equipment Operator +0.5
Pump Operator +0.5
Water Quality Technician +0.5
Employees currently in the classification on the effective day of the change will be placed at the new range at their current step.
D. Effective the first full pay period of Fiscal Year 2022-23, all salary ranges reflect in base salary a COLA increase based on the Consumer Price Index (CPI) – All Urban Consumers (Area: Riverside-San Bernardino-Ontario) measured by the annualized CPI from January 2021 to January 2022 no less than 3.0% and no more than 4.5%.
E. Effective the first full pay period of Fiscal Year 2023-24, all salary ranges reflect in base salary a COLA increase based on the Consumer Price Index (CPI) – All Urban Consumers (Area: Riverside-San Bernardino-Ontario) measured by the annualized CPI from January 2022 to January 2023 no less than 2.0% and no more than 4.5%. On April 20, 2023, the City and Teamsters entered into a side agreement amending the above language as follows: Effective the first full pay period of Fiscal Year 2023-24, all salary ranges reflect in base salary a COLA increase based on the Consumer Price Index (CPI) – All Urban Consumers (Area: Riverside-San Bernardino-Ontario) measured by the annualized CPI from January 2022 to January 2023 no less than 2.0% and no more than 6%.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
F. For all bargaining unit members as of the time of ratification (April 18, 2022), the City shall pay the sum of $3,000 to be included in the final paycheck of the fiscal year, issued on June 23, 2022. Bargaining unit members must also be employed by the City as of June 23, 2022.
G. For all bargaining unit members as of the time of ratification (May 9, 2024), the City shall pay the sum of $1,000 to be included in the June 6, 2024 paycheck. Bargaining unit members must also be employed by the City as of May 9, 2024.
H. Effective July 1, 2024, all salary ranges reflect a 4% COLA increase to base salary.
I. Effective the Monday of the first full pay period of Fiscal Year 2025-26, all salary ranges reflect in base salary a COLA increase based on the Consumer Price Index (CPI) – All Urban Consumers (Area: Riverside-San Bernardino-Ontario) measured by the annualized CPI from January 2024 to January 2025 no less than 2.0% and no more than 5.0%.
Article 14: Overtime
A. Overtime Calculation
All employees required to perform in excess of fo rty (40) hours in a seven (7) day cycle or in excess of their regularly scheduled work day, s hall receive compensation at the rate of time and one-half his/her regular rate of pay.
In determining an employee's eligibility for overtime, the below listed paid leaves of absences shall be included in the total hours worked. Excluded are duty-free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid leave of absence includes the following:
Holiday Leave
Jury Duty anxious
Bereavement Leave
Effective March 17, 2018, the following will also be included in paid leave of absence:
Pre-approved (minimum 1 week notice) sick leave
Pre-approved (minimum 1 week notice) vacation leave
There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding the nearest quarter of an hour.
B. Compensatory Time
In lieu of receiving overtime pay pursuant to this article, Section A above, an employee may elect to receive compensatory time off on a time and one-half basis. No employee shall accrue more than forty (40) hours of such compensatory time. Should any employee exceed forty (40) hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate for all hours in excess of forty (40) hours
Effective March 17, 2018, no employee shall accrue more than eighty (80) hours of such compensatory time. Should any employee exceed eighty (80) hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate for all hours in excess of eighty (80) hours
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.
On June 30th of each year, all employees accrued compensatory time shall be paid down to zero.
C. Overtime Authorization
All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of the duty time are considered as authorized.
An employee's failure to obtain prior approval may result in the denial of the overtime request.
D. Clothes Changing
Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work.
Nothing herein prevents an employee from wearing his/her uniform while conducting personal business during lunchtime.
Time spent in changing clothes before or after a shift, is not considered hours worked and is not compensable in any manner whatsoever.
E. Training Time
Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et. Seq.
Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et. Seq. When feasible, the Department will adjust the employee's work schedule to minimize the impact of travel and training time.
F. City Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle.
This provision also applies in those situations where the radio must be left on and monitored.
G. Call Back Pay
Call back duty occurs when an employee is ordered to return to duty on a non-regularly scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is scheduled a minimum of ten (10) hours in advance to work prior to his/her regularly scheduled shift. An employee is called back to duty commencing at the time he/she receives the call/page and is compensated as follows:
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Credit for two hours worked is received. If during the first hour of the call out a second or more call outs are received, he/she will still rece ive credit for the two hours worked or more hours based on actual time worked.
After the first hour, if he/she has completed the work related to the call out(s) and returned home and receives a new call out, he/she will again receive credit for two hours worked (a new call out) and the same first hour provisions apply.
Any employee working a call out after midnight shall be allowed to have their shift for the next day reduced by the number of hours worked on the call out after midnight and will be paid as hours worked. The reduction of hours, for hours worked after midnight, shall be observed at the start of their shift.
If the call out is within two hours prior to the start of their scheduled shift, the reduction of hours shall be observed at the end of their shift.
In unique situations, where the employee works multiple call outs after midnight and responds to a call within two hours prior to the start of their scheduled shift, the cumulative reduction of hours worked shall be observed at the end of their scheduled shift.
H. Court Pay
When an employee is physically called to court on behalf of the City, while off duty, he/she shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two (2) hours for the court appearance. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever.
I. Standby Pay
Teamsters Union represented employees required to standby, to handle overtime work, which may arise, shall be compensated at the rate of two hundred dollars ($200) per seven (7) day period. Effective June 29, 2024, employees shall be compensated at a rate of two hundred eighty dollars ($280) per seven (7) day period.
Standby status is defined as time in which an employee can be reached at his/her residence or by cell phone and be able to respond in thirty (30) minutes. At all times while on an on-call status, the designee shall maintain themself in a reasonable physical and mental condition by which to both respond to a call for service and to thereafter reasonably perform the required assignment.
Standby time is considered special pay under the Fair Labor Standards Act (FLSA). This payment is being made pursuant to the MOU. Time compensated in this manner shall not constitute hours worked for purpose of FLSA; however, standby pay will be included into the overtime calculation should overtime be earned during the work week.
J. Disaster Response
In the event that the City is responding to a disaster, and the City’s Emergency Operation Center (EOC) is activated at a level that requires extended work hours, Section A, B & G of this article will not apply. Employees responding to the disaster will be paid for all hours worked during respective pay periods.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 15: Uniforms and Boot Reimbursement
Affected employees will receive eleven (11) sets of uniforms owned or rented by the City. The City will pay for the cleaning of these uniforms.
In accordance with CalPERS regulations, any “Classic” employee required to wear a full uniform that is rented and maintained by a uniform vendor through a contract with the City shall have the monetary value of the City-provided uniforms reported to CalPERS as special compensation.
The monetary value is based on the pricing for the rental and maintaining (i.e. laundering) the eleven (11) sets of uniforms provided to each employee. The current monetary value that will be reported bi-weekly to CalPERS is $13.12; however, should a new contract between the City and a uniform vendor be approved, which results in a change to the monetary value, the new amount will be reported to CalPERS. The pricing will be specified in the contract between the City and the uniform vendor and will be adjusted accordingly when a change in the cost of renting and maintaining (i.e. laundering) of uniforms occurs. The uniform vendor contract will remain on file with the City Clerk’s office and is selected via a formal bid process.
In accordance with CalPERS PEPRA regulations, any “New Member” employees required to wear a full uniform that is rented and maintained by a uniform vendor through a contract with the City shall not have the monetary value of the City-provided uniforms reported to CalPERS as special compensation.
In addition, each affected employee will be allowed reimbursement of up to $250 for boot purchases made during each fiscal year. A second pair of boots may be reimbursed in a fiscal year with the supervisor’s approval prior to the purchase. Affected employees must purchase boots which meet applicable requirements and spec ifications as set forth in the American National Standard for Personal Protection-Protective Boot Wear, Z41, 1991, and must purchase the boots at a City-approved store if the employee wants the store to bill the City directly.
Any portion of this reimbursement which is not used to purchase boots may be used to purchase boot accessories such as laces and inserts. Reimbursement for these expenses shall occur at the same time reimbursement occurs for boot purchases and the total shall not exceed $250.
Article 16: Working Out of Classification
Employees who meet the following criteria shall be paid at the first step in the salary range for the position in which they are working out of classification, which gives them an increase of at least 5% in base salary:
1. The position is vacant or the incumbent is temporarily absent.
2. The position has a higher top salary step than their current position.
3. They are assigned to perform all of the essential functions of the higher classification.
4. They meet the minimum education and experience requirements for such position, as determined by management.
5. Their service in the higher paid classification exceeds 80 consecutive hours. In such case, the higher salary rate payable shall commence on the 81 st consecutive working hour.
6. The appointment to perform this work has been approved by the City Manager following recommendation by the Department Head.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 16: Working Out of Classification (continued)
7. The need for such an assignment is temporary in nature, generally for one of the following reasons:
a. A higher classification employee is on a leave of absence, medical leave, or other non- routine circumstance.
b. Short-term assignments, special projects, or specific purpose and/or programs that will terminate in no more than one year.
c. A higher classification position is vacant.
Such assignments shall not exceed one year in duration. The City will follow the guidelines and rules as established by the California Public Employee Retirement System (CalPERS) law when reporting earnings for working out of class assignments.
1. When a higher classification position is vacant, no more than 960 hours of reportable earnings from the higher classification will be reported for Classic members working out of class.
2. When a higher classification employee is on a leave of absence; the Classic members will have all reportable earnings reported to CalPERS when working out of class.
3. PEPRA members will not have any earnings reported to CalPERS when working in an out of class assignment.
The employee approved to receive out of class pay shall be eligible to receive merit increases in his/her regular position during the out of class pay assignment.
When the out of class pay assignment is ended, the employee will receive his/her original salary rate.
Article 17: Bilingual Pay
The City compensates designated employees who provide translation to and from a foreign language and related services. Department heads will recommend which classifications and employees to be considered for bilingual pay, and the City Manager will approve assignment recommendations based on the customer services needs of the City. Eligible employees will be required to pass a test that shall be administered by a qualified agency or individual. Employees who pass the test and are assigned to provide bilingual translation services will receive $75 per month as compensation. Effective July 1, 2018, employees who pass the test and are assigned to provide bilingual translation services will receive $100 per month as compensation. If the employee is reassigned to no longer provide bilingual translation services, the bilingual pay will be discontinued and will not be paid in the following month. It should be noted that regardless of whether or not an employee is receiving bilingual pay, all employees having bilingual capability shall be expected to reasonably respond to non-English inquiries directed to them in their capacity as a City employee.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 18: Tuition Reimbursement/Certification
A. Tuition Reimbursement – The City shall provide all Teamsters Union represented employees a maximum of $3,000 reimbursement per fiscal year per employee under the existing Tuition Reimbursement Policy. The City reserves the right to revise this policy, as needed other than changing the maximum annual reimbursement amount.
B. Certification (Water District – Water and Sewer)
1. Requirements and expense reimbursement
a. Whenever the City or a State or Federal Agency determines that a position is required to obtain a specialized license or certificate, the City shall reimburse the cost for such certification courses or license when the employee presents proof of payment.
b. The City shall likewise reimburse the cost for other certifications or special credentials that are determined by the City Manager or his/her designee to be related to the employee’s job duties.
c. The certification requirements shall be as follows for employees in the following classifications assigned to the Water Division:
D-1
o Maintenance Worker
o Meter Reader
o Utility Line Locator
D-2
o Pump Maintenance Worker
o Pump Operator
o Water Quality Technician
o Equipment Operator
D-3
o Senior Maintenance Worker
o Senior Pump Maintenance Worker
o Senior Pump Operator
T-1
o Pump Maintenance Worker
o Pump Operator
o Senior Maintenance Worker assigned to Water
o Senior Pump Maintenance Worker
o Senior Pump Operator
o Water Quality Technician
d. “D-1” is a Water Distribution Operator Certificate, Grade 1; “D-2” is Water Distribution Operator Certificate, Grade 2; and “D-3” is a Water Distribution Operator Certificate, Grade 3. A “T-1” is a Water Treatment Operator Certificate, Grade 1.
Each of the above is issued by the State of California.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 18: Tuition Reimbursement/Certification (continued)
e. All employees in the classifications requiring a “D-1” certificate who do not hold such certificate as of the effective date of this MOU and were not required to possess such certification prior to the completion of probation as part of their employment, will be required to have such certification no later than January 1, 2007. Such employees may be given up to one additional year following completion of probation to obtain their “D-1” certification, subject to recommendation by their Department Head and approval by the City Manager.
f. All employees in the above classifications requiring a “D-2” or “D-3” certificate hold such certification as of the effective date of this MOU. They shall be required to maintain such certification as long as it is a requirement in their class specification.
g. Additional certifications required by the City include:
1. Water Quality Technician
Backflow Prevention Device Tester (AWWA)
Backflow Prevention Device Tester (San Bernardino County Department of Public Health)
Cross Connection Control Program Specialist (AWWA)
2. Maintenance Worker assigned to Wastewater – Collection System Maintenance Grade I
3. Senior Maintenance Worker assigned to Wastewater - Collection System Maintenance Grade II
h. The Water Quality Technician and Senior Maintenance Worker have the required additional certifications as of the effective date of this MOU. They shall be required to maintain such certification as long as it is a requirement in their class specification.
i. Employees in the classifications requiring a “T-1” certificate who have such certificate as of the effective date of this MOU shall be required to maintain such certification as long as it is a requirement in their class specification. All employees in the classifications requiring a “T-1” certificate who do not hold such certificate as of the effective date of this MOU, will be required to have such certification no later than January 1, 2007.
j. All new hires or transfers into the Water Division will be required to meet the certification requirements as defined in their class specification, unless the certification requirements are temporarily suspended as recommended by their Department Head and approved by the City Manager (Note written agreement for new hires or transfers will document conditions).
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 18: Tuition Reimbursement/Certification (continued)
2. Incentive Pay
a. The City shall pay employees who possess required certifications above the “D-1” level an additional 2% of base salary starting on the date such certification becomes valid.
As clarification, a Maintenance Worker who receives a D-2 will receive the 2% incentive pay, and if that same Maintenance Worker is promoted to a Pump Maintenance Worker position, the employee will stop receiving the 2% incentive pay because the Pump Maintenance Worker position requires a D-2. However, if the employee now working as a Pump Maintenance Worker receives a D-3, the 2% incentive pay will again be received.
Incentive pay shall be discontinued for employees possessing certificates that are not required in their class specification.
The above two new sections will replace the current Article 15 in its entirety, including the one-time “Certification Incentive payment of $100 each year and the “Certification Incentive Pay” chart, which is Attachment A of the current MOU.
b. The City shall pay employees who possess required certifications above the Collection System Maintenance Grade l (C-1) or Collection System Maintenance Grade ll (C-2) level an additional 2% of base salary starting on the date such certification becomes valid, however, no ear lier than the month after the MOU is approved by the City Council.
Incentive pay shall be discontinued for empl oyees possessing certifications that are not required in their class specification.
C. Animal Control Officer Certification $100 Certification Pay
Animal Control Officers and Senior Animal Control Officers shall receive a one-time “Certification Incentive” payment of $100 each fiscal year for holding the necessary certification to use the equipment and chemical s needed to immobilize animals (Certificate of Completion – Chemical Immobilization for Animal Control Professionals conferred by the California State Humane Association or an equivalent certification and organization acceptable to the City).
The Certification Incentive payment shall be made no later than February 1 each year for those employees who already hold the certification or thirty (30) days after the employee submits the required documentation demonstrating he/she has earned the certification. No employee may earn Certification Incentive pay of more than $100 per year, regardless of the number of certifications held or obtained. Teamsters Union and City agree that the fact that an employee is earning Certification Incentive pay cannot be used to assert that the employee is working out of class and is therefore entitled to reclassification.
The employee must maintain the certification for the entire year after the Certification Incentive pay is earned.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 18: Tuition Reimbursement/Certification (continued)
D. Commercial Driver’s License Certification Pay
Employees maintaining a valid Class “A” California Driver’s License, placed on the City’s Department of Transportation Random list for testing and complies with the City’s Drug and Alcohol Testing Program for Commercial Driv ers shall receive a one-time payment of $100 each fiscal year. Effective 2025, each employee shall receive a one-time payment of $200 each fiscal year for maintaining a valid California Commercial Driver’s License. This certification payment shall be made on or after February 1 each year for those employees who hold the License as of January 31st. This ce rtification pay will not be considered special compensation and will not be reported to the California Public Employees’ Retirement System.
Teamsters and the City agree that the fact that an employee is earning certification pay cannot be used to assert that the employee is working out of class and is therefore entitled to reclassification.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Benefits
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 19: CalPERS Retirement Plan
The City provides the 2.7% at 55 full retirement formula, as provided by Government Code § 21354.5.
The City has elected and continues to elect to be subject to the following optional retirement provisions:
a. Section 20042 (One-Year Final Compensation).
b. Section 20903 (Two Years Additional Service Credit).
c. Section 21574 (Fourth Level of 1959 Survivor Benefits). In addition to funding the employer cost of the survivor benefits, the City shall contribute a maximum of $2.00 per month per employee as and for the member’s contribution for funding of this benefit).
d. Section 21024 (Military Service Credit as Public Service).
Effective the first full pay period after July 1, 2012 the City’s contribution towards the local miscellaneous member’s contribution will be zero percent of reportable earnings, and each local miscellaneous member’s contribution shall be 8% of the individual member’s reportable earnings.
Employees hired by the City on or after January 1, 2013, who qualify as “new members” as that term is defined in the Public Employee Pension Reform Act (AB 340) shall be subject to the Act including but not limited to:
a. 2% at 62 retirement formula
b. Pension benefit is based on the highest annual final compensation during a consecutive 36 month period.
c. PERS contribution of 50% of the PERS “normal cost” as that term is defined in the Act.
In addition to paying the full CalPERS member contribution, each employee covered by the CalPERS 2.7% @ 55 full retirement formula shall, effective the first full pay period after July 1, 2015, pay one percent of reportable earnings by payroll deduction as cost sharing of the City’s normal costs pursuant to Government Code section 20516 (f).
Article 20: Health Insurance
All employees must enroll in an available City health insurance plan unless they opt out.
1. Health Insurance Provider:
The City will provide a comparable health insurance plan(s) available for all full-time regular employees. The City and Teamsters Local 1932 will negotiate plan changes expeditiously when cost-effective alternatives are available.
2. City Contributions:
The City contributions are towards premiums for health, dental and vision insurance only.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 20: Health Insurance (Continued)
a. Opt-out of City Health Coverage Contribution:
Employees who opt-out of the City’s health insurance with proof of alternate group coverage and hired before January 1, 2013 are eligible to receive the difference less the mandatory dental and vision plan selections up to $665. The cash back provision is not available to employees hired on or after January 1, 2013.
In order to opt out, an employee must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment. The opt-out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
b. Effective July 1, 2020, for the August 2020 insurance premiums, the City shall pay up to $1,224 per month, with no difference received as cash, the employee shall be responsible for paying the difference, or the amount greater than $1,224, through payroll deduction.
c. Effective July 1, 2021, for the August 2021 insurance premiums, the City shall pay up to $1,324 per month, with no difference received as cash, the employee shall be responsible for paying the difference, or the amount greater than $1,324 through payroll deduction.
d. Effective July 1, 2022, for the August 2022 insurance premiums, the City shall pay up to $1,450 per month, with no difference received as cash, the employee shall be responsible for paying the difference, or the amount greater than $1,450 through payroll deduction.
e. Effective July 1, 2023, for the August 2023 insurance premiums, the City shall pay up to $1,550 per month, with no difference received as cash, the employee shall be responsible for paying the difference, or the amount greater than $1,550 through payroll deduction.
f. Effective December 1, 2024, for the January 2025 insurance premiums, the City shall pay up to $1,650 per month, with no difference received as cash, the employee shall be responsible for paying the difference, or the amount greater than $1,650 through payroll deduction.
g. Effective December 1, 2025, for the January 2026 insurance premiums, the City shall pay up to $1,750 per month, with no difference received as cash, the employee shall be responsible for paying the difference, or the amount greater than $1,750 through payroll deduction.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 20: Health Insurance (Continued)
h. Retiree Contribution:
The City shall provide each employee who retires with a $50 per month contribution toward a health care plan selected by the retiree. Said contribution shall terminate upon the retiree’s sixty-fifth (65th) birthday. The City shall provide each employee who retires and is covered under the City’s provided Health Insurance Provider(s) the minimum employ er health contribution as required by the provider.
Reopener on ACA:
The City may reopen negotiations on the issue of health insurance benefits or cafeteria plan (including, as to both, but not limited to, plan benefits or structure, City or employee contributions and/or opt out amount or requirements) in order to avoid penalties or taxes under the ACA that may result from an interpretation of the ACA by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or a ruling by a court of competent jurisdiction.
Affordable Care Act (ACA) Anti-Retaliation
1. Prohibition on Retaliation: It is the City’s policy to comply in full with Section 1558 of the U.S.
Patient Protection and Affordable Care Act (ACA), which prohibits retaliation against employees who report violations of Title I of ACA or who receive tax credits or cost-sharing reductions (under section 36B of the Internal Revenue Code or section 1402 of ACA) in connection with participation in the health insurance exchange.
2. Protected Activity
a) “Whistleblowing” re Violations of Title I of ACA: ACA protects an employee, former employee, or applicant who reports, testifies (or is about to testify) in a proceeding, assists or participates (or is about to assist or participate) in a proceeding, objects to, or refuses to participate in any activity, policy, practice, or assigned task that the employee (or other person) reasonably believed to be in violation of Title I of ACA, including any order, rule, regulation, standard or ban under Title I of ACA.
b) Title I of ACA includes but is not limited to consumer protections such as the following:
i. Elimination of lifetime and annual limits on benefits by 2014; ii. Prohibition on rescissions of coverage;
iii. Elimination of pre-existing conditions exclusions; iv. Coverage of preventive services and immunizations;
v. Extension of dependent coverage up to age 26;
vi. Development of uniform coverage documents; and
vii. Implementation of appeals processes for consumers. c) Receipt of Affordability Assistance: ACA also protects an employee, former employee, or applicant who receives a tax credit under Section 36B of the Internal Revenue Code or a cost-sharing reduction under Section 1402 of the Act as a result of enrolling in a qualified health plan offered by the health insurance exchange. In California, this state-run marketplace is known as “Covered California.”
3. Prohibited Retaliatory Conduct
Prohibited conduct includes but is not limited to discharge or otherwise retaliatory conduct, including intimidating, restraining, coercing, blacklisting, or disciplining an employee, former employee, or applicant with respect to compensation or any other terms, conditions or
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
privileges of employment as a result of that individual’s participation in a protected activity as defined in paragraph 2 above.
4. Complaint Procedure
Any City employee, former employee, or applicant who wishes to report a violation of Title I of ACA, or who believes he or she has been subject to retaliation in violation of this policy should immediately notify either his or her supervisor, Human Resources staff, or the City Manager. It is the City’s policy that no City employee shall retaliate against any person who participates in a protected activity as defined by Section 1558 of ACA.
An employee, former employee, or applicant who believes that he or she has been retaliated against under this policy may file or have filed by any person on his or her behalf, a complaint with United States Department of Labor, Occupational Safety & Health Administration (OSHA) within 180 days after an alleged violation occurs. For more information on filing an OSHA complaint, visit www.osha.gov.
Article 21: Dental Insurance
The City will provide group dental insurance coverage. Employees are required to enroll in group dental coverage, at the minimum single-party rate. Effective July 1, 2018 for the August Premiums, the City shall pay the employee only coverage of the selected dental plan. If the selected dental plan is higher, then the employee shall be responsible for paying the difference.
The City and Teamsters Union will negotiate plan changes expeditiously when cost-effective alternatives are available.
Article 22: Optical Insurance
The City shall provide group optical insurance coverage. Employees are required to enroll in group optical coverage at the minimum single-party rate. Effective July 1, 2018 for the August Premiums, the city shall pay the employee only coverage of the vision plan. If the selected vision plan is higher, then the employee shall be responsible for paying the difference. The City and Teamsters Union will negotiate plan changes expedi tiously when cost-effective alternatives are available.
Article 23: Life Insurance
The City will provide group life insurance coverage. The City will pay life insurance premiums for $30,000 life insurance coverage. Effective January 1, 2025, the City will pay life insurance premiums for $50,000 life insurance coverage. The City and the Teamsters Union will negotiate plan changes expeditiously when cost-effective alternatives are available.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 24: IRS 125 Plan
Effective January 1, 2011, the City’s IRS 125 Plan is available to the Teamsters Union membership, subject to the City's exercise of its sole discretion to change provisions of the plan and/or cease administering and/or to withdraw said Plan.
The City retains sole discretion to determine if and when its administration of the IRS 125 Plan shall change provisions of the Plan and cease and/or if and when it shall withdraw and terminate the IRS 125 Plan described herein. Neither the Ci ty's decision to implement, administer, change, cease administration, and/or terminate the IRS 125 Plan, nor the impact of said determinations, shall be subject to the meet and confer process. It is agreed by the parties that the benefit of an IRS 125 Plan is sufficient to provide consider ation to Teamsters Union as and for the valid entering into of these provisions.
Article 25: Short Term/Long Term Disability Insurance
The City agrees to provide access to a short term/long term disability insurance policy or coverage. Employees are required to pay for this short term/long term disability insurance. The City and Teamsters Union will negotiate short term/long term disability insurance plan changes expeditiously when cost-effective alternatives are available.
Article 26: Employee Assistance Program
The City shall provide an Employee Assistance Program for all full-time continuous salaried employees and dependent coverage.
Article 27: Other Deductions
Insurance premiums sponsored by Teamsters Union shall be withheld by the City and shall be transmitted to the Teamsters Union Officer designated in writing by Teamsters Union as the person authorized to receive such funds, at the address specified on a monthly basis.
The City shall not be obligated to put into effect any new, changed or discontinued insurance premium deduction until a payroll deduction card is submitted to the Management Services Department in sufficient time to permit normal processing of the change or deduction.
Teamsters Union agrees to hold the City harmless and indemnify the City against any claims, causes of actions or lawsuits arising out of the deductions or transmittal of such funds to Teamsters Union, except the intentional failure of the City to transmit to Teamsters Union monies deducted from the employees pursuant to this article.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Leaves of Absence
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 28: Holidays
The City offices shall be closed on the following days. All full-time continuous salaried employees shall be compensated at their regular rate for these days:
1. Independence Day
2. Labor Day
3. Veteran's Day
4. Columbus Day
5. Thanksgiving Day
6. Day after Thanksgiving
7. Christmas Eve
8. Christmas Day
9. New Year's Day
10. Martin Luther King Jr. Day
11. President's Day
12. Memorial Day
13. Juneteenth Day
Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday.
Whenever a holiday falls on a Saturday, the preceding Friday shall be observed.
City facilities will be closed between Christmas Day and New Year’s Day in what was a regular work week. For example, in 2013 the City shall be closed December 26, 27, 30 and 31 and in subsequent years, dates could be different based on the calendar. Each bargaining unit employee shall be paid for those days for the same amount of hours for which the employee would have been regularly scheduled and would have worked if the City were not closed on those dates. Employees may not be eligible for this closure but shall be eligible for overtime if worked.
The City facilities will be closed on December 23, 2024 and January 2, 2026. Each bargaining unit employee shall be paid for those days for the same amount of hours for which the employee would have been regularly scheduled and would have worked if the City were not closed on those dates. Employees may not be eligible for this closure but shall be eligible for overtime if worked.
The floating holiday benefit is eliminated.
For employees to be compensated (vacation or sick leave) for a day off prior to or following a Holiday, the employee must request and have approved the time off prior to the Holiday. If the employee does not have written approval for the absence, the employee must provide the city with a certification of absence from a physician for the absence or the absence will result in a non-paid leave.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 29: Vacation/Vacation Buy Back
All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule:
Years of Service Annual Hours Accrued
1 80
2 88
3 96
4 104
5 112
6 120
7-9 128
10 136
11-13 144
14 152
15+ 160
Employees may use up to forty (40) hours of accrued vacation after six (6) months of service.
Employees will have a maximum of 399 hours carry-over of vacation per fiscal year. In June of each calendar year, all vacation hours in excess of 399 hours shall be paid at the employee’s current hourly rate. Should the City question its financial ability to fund this provision in any given year, it shall have until March 31 of that year to meet and confer with Teamsters Local 1932 over the financial impact and discuss possible alternatives.
During the month of October, an employee may elect to convert up to two hundred and forty (240) hours of vacation into cash payment(s) at the base rate of pay in effect at the time of the cash- out, as long as the employee has eighty (80) hours of vacation remaining on the books at the time of the pre-designation. In order to cash-out vacation, an employee must make an irrevocable election (i.e., pre-designation) during the month of October, specifying the total number of hours to be cashed-out from next year’s vacation leave accrual. During the calendar year following the pre-designation, an employee may choose increments of vacation to cash-out in March, May and August; the minimum increment for vacation cash-out is twenty (20) hours. If no cash-out occurs during the year and/or any remaining balance of the pre-designated amount will be cashed out in November. If the employee does not have the vacation hours available to satisfy the amount pre- designated for cash-out, the employee will be precluded from making an irrevocable election and cashing out for the following calendar year.
All accrued but unused vacation shall be paid out to the employee upon separation of employment.
Article 30: Sick Leave/Sick Leave Notification
Sick leave will be accrued at the rate of eight (8) hours per month, ninety-six (96) hours per year.
Sick leave can be accrued without limit; however, there will be no buy back nor payoff of accrued but unused sick leave upon termination of employment. Eighteen (18) hours of sick leave per fiscal year may be utilized for personal time as long as the employee has forty (40) hours of sick leave accrued and is requested prior to the use. Effective March 17, 2018, eighteen (18) hours of sick leave may be utilized for personal time as long as the hours are requested prior to use and the employee has a remaining balance of forty (40) hours after use. Personal time hours must be used during the term of this MOU and can be neither cashed out nor carried over into a new year. If not used during the term of this MOU any remaining personal time hours shall be lost.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
With respect to Teamsters Union represented employees, City Personnel Rules and Regulations, Rule VI, Section 7 (7), shall be amended as follows:
Notification to Supervisor - Any employee needing to be absent because of sickness or other physical disability shall notify the appropriate department manager or immediate supervisor at least one (1) day prior to such absence if circumstances permit, or by the start of shift barring unforeseen circumstances.
Rule VI, Section 9 of the Personnel Rules are revised to provide that the maximum usable benefit shall be forty (40) work hours rather than five (5) days.
Article 31: Bereavement Leave (Revised Article added per Resolution No. 2005-160 and HWD 2005-24 approved December 7, 2005)
The following new MOU language will be effective until such time as the Personnel Rules are amended with the same language and the Article 29 language becomes redundant in the MOU.
Rule VI, Leave, Section 7, Sick Leave, Subsection 8, Bereavement Leave, of the Personnel Rules and Regulations is revised to provide that any eligible employee who is absent from work by reason of a death in their immediate family will be allowed a leave of absence with pay up to five (5) cumulative working days (44 hours) per occurrence or a death of their blood relative, will be allowed a leave of absence with pay up to three (3) cumulative working days (27 hours) per occurrence, effective July 1, 2018. Additional time may be requested by the eligible employee, however, this additional time will be deducted from the employee’s leave accrual, e.g. sick (up to 13 hours); vacation, floating holiday hours.
For the purpose of this article, “immediate fam ily” is defined as employee’s spouse, employee’s parents, employee’s spouse’s parents, employee’s child, step-child, step-parent, grandparent, grandchild, brother, sister, step-brother, step-sister. “Blood relative” is defined as aunt, uncle, niece, nephew, brother-in-law, sister-in-law, legal guardian, employee’s ex-spouse who is parent of employee’s children, domestic partner as defined under California Family Code Section 297, and/or any other individual living in the same household as the City employee. The department head and the City Manager shall approve such bereavement leave with their signature.
The Bereavement Leave change will be retroactive to January 1, 2004, with applicable employee’s sick leave hours used to Bereavement Leave restored to their sick leave accrual balance.
Article 32: Workers' Compensation
The City provides certain supplementary Workers' Compensation benefits for temporary disabilities (See Resolution No. 90-36).
Article 33: Jury Duty
Rule VI, Section 3 (1), of the Personnel Rules and Regulations is superseded to provide that employees who are summoned to appear and serve for jury duty shall be entitled to up to eighty (80) hours leave.
Article 34: Leave Without Pay
Rule VI, Section 4 of the Personnel Rules and Regulations is superseded to provide that such maximum leave shall be up to eighty (80) working hours rather than ten (10) working days.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 35: Catastrophic Leave
The City agrees to permit employees within the bargaining unit to contribute a portion of their accrued sick leave to another employee of the bargaining unit when such employee has suffered a catastrophic injury or illness. For such transfer to take place, the following conditions shall apply:
A. The contributing employee must have at least ninety-six (96) hours remaining after such contribution and the sick leave application rate will be based on the contributing employee's dollar value which will be adjusted proportionally to the receiving employee's rate.
B. The receiving employee has been absent from work due to injury or illness and has exhausted all earned leave credits, including but not limited to sick leave, vacation time, compensatory time and holiday credits, and is, therefore, facing financial hardship.
C. The transfers must be a minimum of eight (8) hours and in whole hour increments thereafter.
The transfers are irrevocable, and will be indistinguishable from other sick leave credits belonging to the receiving employee. Transfers will be subject to all taxes required by law.
Eligibility to be a receiving employee in this program is not subject to the Grievance Procedure in the Personnel Rules and Regulations.
Article 36: Benefit Amendment Clause
Any other employee benefit expressed in terms of days earned, not specifically mentioned above, is hereby amended to provide eight (8) hours accrued benefit in lieu of days.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Employee/Employer Relations
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 37: Employer/Employee Relations
The City has an Employer/Employee Relations Resolution, which provides the guidelines for forming recognized Employee Associations. (See Resolution No. 90-37).
Article 38: Promotions and Probationary Period
Effective March 17, 2018, qualified City Teamst ers’ members who apply for existing vacancies shall be provided an opportunity to participate in the competitive selection process (1 st round) to be placed on the eligibility list. Teamsters’ members who are among the top three (3) qualifying candidates on the eligibility list will be given an interview by the Department Head.
Any promotion requires a one (1) year probationary period. Once an employee receives regular full-time status at a position and then is promoted, the employee will not be terminated in the event they are unable to successfully fulfill the requirements of the position promoted to, but will be reassigned to an equivalent position within the organization in which they served prior to being promoted.
Upon promotion, the employee will receive a minimum of five percent (5%) base salary increase or the beginning of the position classification range, whichever is greater.
Article 39: Personnel Files
The official personnel file shall be located in the Management Services Department. Any documentation used in a disciplinary action (excluding oral reprimands) will be placed in an employee's personnel file.
Employees, during normal working hours at a reasonable time, have the right to have access to and copies of any document in their official personnel file or any departmental file.
An employee will be provided with an initial copy of any document, which will be placed in the official personnel file. An employee shall have the right to respond in writing to any information contained in his/her personnel file. Such a reply will remain in the personnel file so long as the referenced document is in the file.
Written reprimands, counseling notices, or notices requiring an employee to have medical verification for absences shall be removed from the personnel file and destroyed after three (3) years provided that there have been no further incidents, within that time, related to that specific reprimand or notice.
Article 40: Disciplinary Appeals
This Advisory Arbitration Provision amends the City Personnel Rules and Regulations, Rule XI, Appeal Procedures, by deleting all current text on Pages 60 and 61 and substituting the following language:
Appeal Procedures:
Any permanent employee in the classified service shall have the right to appeal any termination, suspension of four (4) schedule work days or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to those positions which may be deemed exempt or to probationary employees. The appeal process shall not be applicable to verbal and written reprimands, suspensions of less than four (4) schedule work days, probationary demotions, performance evaluations and denial of merit increases. An employee desiring to appeal the appointing authority's decision shall have ten (10) calendar days after receipt of the response to file an appeal.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 40: Disciplinary Appeals (continued)
The employees request for appeal must be addressed to the Personnel Director and received in the Management Services Department so th at same is date stamped by the Management Services Department within the ten (10) day period.
If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for failure is shown, the action of the appointing authority shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Management Services Department, an appeal hearing shall be established as follows:
A. The American Arbitration Association or the State Mediation and Conciliation Service or any other recognized mediation/arbitration service as mutually agreed to shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall meet to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lots) until one (1) name remains, and that person shall be the hearing officer.
B. Where practicable, the date for a hearing shall not be less than twenty (20) calendar days, nor more than sixty (60) calendar days, from the date of filing of the appeal with the Personnel Director. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing.
C. All hearings shall be private provided, however, that the hearing officer shall, at the request of the employee, open the hearing to the public.
D. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the request of either party, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officers.
E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
The hearing officer shall not be bound by technical rules of evidence.
F. Each party shall have their rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined as if under cross- examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 40: Disciplinary Appeals (continued)
G. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall pr oduce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence;
4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
H. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions.
I. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend for discipline more stringent than that issued by the department head.
The hearing officer's opinion and recommendation shall be filed with the City Manager, with a copy sent to the charged employee, and the Personnel Director and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
J. Within thirty (30) days of the receipt of the hearing officer's findings and recommendation, and transcript (which is optional only by the mutual consent of the City and the employee), whichever date is later, the City Manager, or his/her designee, shall adopt, amend, modify, or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision, which modifies or rejects the recommendation of the hearing officer, the City Manager, or his/her designee, shall order and read the transcript of the Third Party Advisory Process. Prior to making a decision, which supports the hearing officer, the City Manager, or his/her designee, shall not conduct a de novo hearing. The City Manager, or his/her designee, may, at his/her option, allow limited oral arguments and/or may request and
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 40: Disciplinary Appeals (continued)
review written statements from either side. The decision of the City Manager, or his/her designee, shall be final and conclusive. Copies of the City Manager or his/her designee's, decision, including the hearing officer's recommendation(s) shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager.
K. The decision of the City Manager, or his/her designee, shall be final and conclusive. Copies of the City Manager's, or his/her designee's, decision, including the hearing officer's recommendation(s) shall be filed where appropria te, including the employee's personnel file, unless no discipline is upheld by the City Manager, or his/her designee.
L. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties, which result in an arbitration fee.
M. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager, the time of such of suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to and be effective as of the date the employee was disciplined pending hearing before and decision by the City Manager, or his/her designee, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate.
N. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.
Appeals of Suspensions Less Than Four (4) Schedule Work Days:
A permanent employee shall have the right to appeal a suspension less than four (4) schedule work days in the following manner:
1. The appointing authority shall cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the appointing authority of the specific action against the employee. This statement shall clea rly inform the employee that he/she has the right, within five (5) working days after receipt of this notice, to request an informal hearing on the action by filing the request with the appointing authority.
2. If within the five (5) day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.
3. If within the five (5) day appeal period the employee involved files such notice of the appeal by giving written notice of appeal to the appointing authority, a time for an appeal hearing before the City Manager, or his/her designee, shall be established. The date for a hearing shall not be less than ten (10) days, nor more than thirty (30) days, from the date of the filing of the appeal, unless the parties stipulate to a different date. All interested parties shall be notified in writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the hearing.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 40: Disciplinary Appeals (continued)
4. The City Manager, or his/her designee, shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position. These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at the party's expense.
5. Within ten (10) working days after the conclu sion of the hearing, the City Manager, or his/her designee, shall deliver to the employee a written decision which shall either (a) affirm the decision, (b) modify it by (1) holding that certain charges were not established by a preponderance of the evidence and/or (2) reducing the penalty or (3) overturn the decision in its entirety. Said decision shall be final and binding on the parties, subject to their right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.
Article 41: No Strike/No lockout
Section 1. Teamsters Union, its officers, agents, representatives, and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sick-out or any other job action by withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this MOU.
The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to disciplinary action up to and including discharge.
Section 4 In the event that any one or more officers, agents, representatives, or members of Teamsters Union engage in any of the conduct prohibited in Section 1 above, Teamsters Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and is unlawful and they must immediately cease engaging in conduct prohibited in Section 1 above, and return to work.
Article 42: Layoffs
Amend City of Hesperia Personnel Rules and Regulations (9/15/88), Rule VIII, Section 3, Reduction in Force by Layoff by deleting all current text on Page 49 and substituting the following language.
1. Advance Notice - Employees separated by reason of a reduction in force shall be given at least thirty (30) days prior notice of separation and the reasons therefore. If one or more employee to be separated is represented by a duly recognized employee organization, the City will, on request, meet with such organization concerning the impact of the layoff.
2. Bumping - An employee whose position has been abolished and who would be laid off shall have the right to "bump" into a classification the employee previously held with the City if such position receives the same or lower salary, and is determined by the City Manager or designee to be qualified for such position at the time, based upon the applicable job description.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
3. Offer of Reassignment - An employee's appointment shall not be terminated as a result of a reduction in force procedure before the em ployee has been made a reasonable offer of reassignment, if such offer is possible.
4. Offer of Vacant Position - An employee whose position has been abolished and who would otherwise be laid off shall be offered the opportunity to transfer, without examination, to any then currently existing vacant position with the same or lower salary if the employee meets the minimum qualifications for such position, as determined by the City Manager or designee based upon the applicable job description and new application. If two or more employees are eligible for appointment to a vacancy, the criteria set forth in the paragraph entitled Order of Separation shall be applied to determine which employee shall be offered the vacant position.
5. Laid Off Employee on Reemployment Register - The names of regular employees who have been laid off due to reduction in force shall be placed on an appropriate lay off reemployment list according to date and order separated and shall be eligible for reemployment.
Each employee on a lay off reemployment list shall remain on that list for one (1) year.
Employees whose name appears on a lay off reemployment list shall be considered for reemployment in the class from which the employee was laid off prior to using any other available employment eligible list to fill regular vacancies in the subject class. The Personnel Officer can extend the active period of reemploym ent lists or individual employees eligibility on such lists for six (6) month periods as he/she determines to be in the best interest of the City.
A. Notice - The City will notify, by certified mail to the laid off or displaced employee's last known address, of all vacancies for which the employee is eligible for employment under this provision. Such notice shall be given for all such positions, which arise for one (1) year from the date of layoff or displacement. A laid off or displaced employee who fails to report for appointment within two (2) work weeks of notice shall be deemed to have rejected appointment and shall be automatically removed from the reemployment register list.
B. Reappointment - An employee who is laid off or displaced to a lower classification under this provision shall be entitled to automatic appointment to any vacant position from which he/she was laid off or displaced or for which he/she is qualified if such employee reports for duty on receiving notice. Appointments shall be made in the reverse order of layoffs, that is, the last laid off shall be the first offered reappointment.
6. Order of Separation - Selection for retention shall be based primarily upon seniority of service with performance being taken into account.
While seniority is the primary factor in determining order of separation, it is not in and of itself the only determining factor.
Therefore, this policy does not preclude the retention of members, which have less seniority to other members within the class for which the reduction in force action may be taken. The following criteria shall be considered in evaluating performance:
A. The employee's written performance evaluations.
B. The history of an employee's written disciplinary actions.
C. The employee's written record of attendance including patterns of sick leave usage, tardiness and unexcused absences.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
All newly hired employees serving an initial probationary period, part-time, temporary, seasonal, or emergency employees, in classifications affected by layoff, shall be laid off before any permanent employee is laid off.
Article 43: Performance Evaluations
A Performance Evaluation Report shall be required annually. In the event that an employee receives an overall evaluation “Improvement Needed” or “Unsatisfactory,” he/she shall not be granted a merit increase until a satisfactory evaluation is reported. In cases where a performance evaluation has not been received by an employee within 7 days of the eligibility date, the employee shall inform his/her direct supervisor. If the employee receives an overall evaluation “Satisfactory” or above, he/she shall be granted any applicable merit increase retroactively to the original eligibility date.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Other Policies
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 44: Outside Employment
It is the policy of the City of Hesperia to allow employees to hold a second job as long as the second job does not present a conflict of interest to their position with the City. In addition, it is required that a second job be reported to the Human Resources Division.
Article 45: Smoking
The City has a no smoking policy to include all tobacco products, including e-cigarettes, vapors exhalants, etc. Employees are prohibited from use of products in all City buildings including passenger vehicles and equipment owned or leased by the City. Use of the products will be prohibited within 20 feet of all vehicles, equipment and entrances, exits, operable windows and ventilation ducts of City buildings.
Article 46: Prevailing Benefits
It is understood and agreed that there exists, in written form, certain personnel rules, policies, practices and benefits which shall continue in effe ct except for those provisions modified by mutual agreement of both parties.
Article 47: Provisions of Law
It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the MOU is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby.
Article 48: Sole and Entire Memorandum of Understanding
By entering into this agreement, the parties have each fully complied with the obligations to meet and confer under the Meyers-Milias-Brown Act. It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memorandums of agreement or memorandums of understanding, or contrary salary and/or personnel resolutions, oral or written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law.
This agreement, the City's personnel rules, and the resolution of adoption of this MOU set forth the wages, hours and all other terms and conditions of employment for the employees subject to this MOU. All other terms and conditions of employment, whether written or unwritten, are hereby abrogated and declared null and void.
The parties acknowledge that if the Association membership ratifies this MOU, the City Council would adopt this agreement by resolution and that said resolution would remain in full force and effect during the life of this MOU.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
Article 49: Emergency Waiver
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, if the Chief Administrative Officer or his designee so declares, any provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended of the duration of such emergency. After the emergency is declared over, the Teamsters Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any personnel rules and policies.
Article 50: Waiver
Section 1. The parties mutually agree that neither party shall seek to negotiate or bargain with reference to wages, hours, or terms and conditions of employment, regardless of whether covered by this MOU or in the negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.
Section 2. The parties shall reopen any provision of this MOU for the purpose of complying with any final order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in order to comply with state or federal laws.
Section 3. The parties acknowledge that this MOU shall not be in full force and effect until ratified by Teamsters Union and adopted through resolution of the City Council of the City of Hesperia.
CITY/TEAMSTERS LOCAL1932 MEMORANDUM OF UNDERSTANDING
February 1, 2024 through January 31, 2026
PASSED, APPROVED and ADOPTED THIS ___ day of June 2024
___________________________________
Mayor
I, Melinda Sayre, City Clerk of the City of Hesperia, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Hesperia, California, at an adjourned meeting of said City Council held on the ___ day of June 2024, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Melinda Sayre, City Clerk
RESOLUTION NO. 2024-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING
WITH THE TEAMSTERS LOCAL 1932
WHEREAS, the City and the Teamsters Local 1932 (Teamsters ) have met and conferre d and bargained in good faith and have reached a tentative agreement on a successor Memorandum of Understanding for the period of February 1, 2024 through January 31, 2026; and
WHEREAS, the Memorandum of Understanding prescribes the salaries, benefits, an d other terms and conditions for employees of the City of Hesperia represented by the Teamsters; and
WHEREAS, the City Council has reviewed and approves of the provisions included in the Memorandum of Understanding.
NOW THEREFORE, BE IT RESOLVED B Y THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. That the recitals above are true and correct.
Section 2. That the City Council approves the Memorandum of Understanding (Exhibit A on file in the City Clerk’s Office) made and entered into between the City of Hesperia and the Teamsters Local 1932, effective February 1, 202 4 through January 31, 2026.
Section 3. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
______________________________
Larry Bird, Mayor
ATTEST:
____________________________
Erin Baum
Assistant City Clerk
RESOLUTION HWD NO. 2024-07
A RESOLUTION OF THE HESPERIA WATER DISTRICT OF THE CITY OF
HESPERIA, CALIFORNIA, APPROVING THE MEMORANDUM OF
UNDERSTANDING WITH THE TEAMSTERS LOCAL 1932
WHEREAS, the City and the Teamsters Local 1932 (Teamsters) have me t and c onferred and bargained in good faith and have reached a tentative agreement on a successor Memorandum of Understanding for the period of February 1, 2024 through January 31, 2026; and
WHEREAS, the Memorandum of Understanding prescribes the salaries , benefits, and other terms and conditions for employees of the City of Hesperia represented by the Teamsters; and
WHEREAS, the Board of Directors have reviewed and approve s of the provisions included in the Memorandum of Understanding.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT AS FOLLOWS:
Section 1. That the recitals are true and correct.
Section 2. That the Board of Directors approves the Memorandum of Understanding (Exhibit A on file in the City Clerk’s Office ) made and entered into between the City of Hesperia and the Teamsters Local 1932, effective February 1, 202 4 through January 31, 2026.
Section 4. That the Board Secretary shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
______________________________
Larry Bird, Chair
ATTEST:
____________________________
Erin Baum
Assistant City Clerk
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
STAFF REPORT
DATE: June 4, 2024
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Michael Assumma, Information Systems Manager
SUBJECT: Three-Year Maintenance and Licensing Agreement with Tyler Technologies
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to e xecute a three-year agreement with Tyler Technologies to provide licensing and support for the New World Enterprise Resource Planning (ERP) system and MyCivic smartphone public engagement application, for a not to exceed amount of $504,254.
BACKGROUND
The New World Enterprise Resource Planning (New World) system is a unified suite of software products, which include Financial Management, Utility Management, Human Resources, and Payroll functions. The City has used New World for nearly 30 years. The pare nt company, Tyler Technologies, is an industry leader in municipal software development and also licenses the MyCivic software, which allows for the streamlined engagement and dissemination of information to the citizens of Hesperia.
ISSUES/ANALYSIS
From the initial installation of the New World system, the City has maintained an agreement with Tyler Technologies for this software suite and its modules. In order to continue support for the City’s financial management as well as the MyCivic public enga gement app, it is necessary for the City to keep its software maintenance and licensing agreement in good standing. These systems are vital to the City’s operations.
CITY GOAL SUPPORTED BY THIS ITEM
Financial Health - Maintain a balanced budget and adequate reserves.
FISCAL IMPACT
The contract amount of $ 504,254 includes funding for a three -year licensing and maintenance agreement for the New World and MyCivic software products, as well as $35,000 for training, customization, and other out-of-scope support needs. Funding for the first year of the agreement is included in the FY 2024-2025 Operating Budget, and will be included in future budgets for the duration of the agreement.
Staff Report to the Mayor and Council Members
Three-Year Maintenance and Licensing Agreement with Tyler Technologies June 4, 2024
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None
City of Hesperia
STAFF REPORT
DATE: June 4, 2024
TO: Mayor and City Council Members
FROM: Rachel Molina, City Manager
BY: Cassandra Sanchez, Director of Public Works
Robert Worby, Fleet / Warehouse Supervisor
SUBJECT: Vehicle Procurement – Five Compact Sports Utility Vehicles
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to approve the procurement of five (5) 2024 Ford Bronco Sports vehicles from Sunrise Ford for a not-to-exceed amount of $162,300 and adopt City Resolution No. 2024-28, amending the Fiscal Year (FY) 2023-24 General Fund Budget by an additional $172,300 to allow for the purchase of the vehicles and necessary safety equipment.
BACKGROUND
To ensure the reliability of the City fleet and reduce maintenance costs, staff periodically review each vehicle and makes recommendations for replacement. Upon rev iew, staff identified the need to replace five vehicles, of which three are from Engineering and two are from Building & Safety. The vehicles are at least fifteen years old with high mileage and have reached the end of their life cycle as annual costs attributed to maintaining the existing units exceed salvage value.
Additionally, during the FY 2024-25 Budget process, the FY 2023-24 General Fund year-end revenue and expenditures estimates were reviewed. During this process, adequate funding was identified to allow for the purchase of these five vehicles.
ISSUES/ANALYSIS
The Public Works Division requested a quote for five (5) four -wheel drive compact SUVs on May 2, 2024, soliciting bids from six (6) dealerships both locally and out of the area to maximize bid response.
A requirement was included for the vehicles to be fo ur-wheel drive, available for delivery, and compact. The bid closed on May 6, 2024, with three (3) responses received. Staff recommends awarding the bid to Sunrise Ford who have been deemed to be the lowest responsive/responsible vendor with a total bid amount of $162,254 and have all vehicles currently at their dealership. In addition to the vehicle purchase price, each vehicle will need to be retrofitted with safety equipment, such as backup lights and light bars, for City use. It is estimated that approximately $2,000 of each vehicle or $10,000 total will be needed to complete the retrofitting of vehicles.
CITY GOAL SUPPORTED BY THIS ITEM
Public Safety: Ensure public safety resources adequately protect our community.
Financial Health: Maintain a balanced budget and adequate reserves.
Staff Report to Mayor and City Council Members
Vehicle Procurement – Five Compact Sports Utility Vehicles June 4, 2024
FISCAL IMPACT
Funding for this purchase was not included in the FY 23 -24 General Fund Budget. Therefore, staff is requesting approval from the City Council to increase the General Fund (100) budget by $172,300 via Resolution No, 2024-28. Of this request, the five vehicles will cost $162,300, while $10,000 ($2,000 per vehicle) will be allocated to retrofit the vehicles for City use.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution No. 2024-28
2. Bid Comparison
RESOLUTION NO. 2024-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING THE FISCAL YEAR 202 3-24 BUDGET BY APPROPRIATING AN ADDITIONAL $173,300 IN FUND 100, GENERAL FUND
WHEREAS, the City Council adopted the Fiscal Year (FY) 2023-24 Budget on June 20, 2023; and
WHEREAS, the lowest responsive-response bidder for the purchase of five (5) 2024 Ford Bronco Sport four-wheel drive compact SUV’s is Sunrise Ford; and
WHEREAS, the lowest responsive-response bid totaled $162,300; and
WHEREAS, an additional $10,000 or $2,000 per SUV is needed to prepare the vehicles for City use; and
WHEREAS, the anticipated total anticipated expenditure of $172,300 will occur in the FY 202 3- 24 Budget; and
WHEREAS, the City Council has reviewed the proposed amendment information and found it acceptable.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. The City Council hereby ame nds the General Fund Budget and appropriates $ 103,380 to Account 100-29-310-3100-8420 and $68,920 to Account 100-29-300-3020-8420 in the FY 2023-24 Budget.
Section 2. That the recitals above are true and correct and adopted as findings.
Section 3. That the City Clery shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
_________________________________________
Larry Bird, Mayor
ATTEST:
_______________________________
Erin Baum, City Clerk
City of Hesperia
STAFF REPORT
DATE: June 4, 2024
TO: Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Cassandra Sanchez, Director of Public Works
Robert Worby, Fleet / Warehouse Supervisor
SUBJECT: Vehicle Procurement – One 4 X 4 Dump Truck
RECOMMENDED ACTION
It is recommended that the Board of Directors of the Hesperia Water District authorize the City Manager to enter into an agreement with Silveira Chevrolet in the not to exceed amount of $114,000, for the purchase of one (1) new 2023 Chevy Silverado 5500HD 4 X 4 truck with a 3-4 yard Scelzi dump body capacity for the Distribution Program.
BACKGROUND
An additional dump truck is needed for the Water District to complete projects more efficiently and will result in both the Water Distribution and Pipeline programs having two dump trucks each. This will ensure that an adequate number of vehicles are available in the event one experiences mechanical failure. It will also allow staff to operate more safely during adverse weather, as four - wheel drive improves traction during hazardous driving conditions.
ISSUES/ANALYSIS
The Public Works Division requested a quote for one (1) new four-wheel drive dump truck on May 9, 2024, soliciting bids from eight (8) dealerships both locally and out of the area to maximize bid response. A requirement was included for the vehicle to be delivered during Fiscal Year (FY) 2023-
24. The bid closed on May 14, 202 4, with Silveira Chevrolet being the only respondent . Staff recommends awarding the bid to Silveira Chevrolet, who have been deemed the lowest responsive/responsible vendor with a total bid amount of $114,000.
CITY GOAL SUPPORTED BY THIS ITEM
Public Safety: Ensure public safety resources adequately protect our community.
Financial Health: Maintain a balanced budget and adequate reserves.
FISCAL IMPACT
Available funding for this purchase exists within the (FY) 2023-24 Budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Bid comparison.
City of Hesperia
STAFF REPORT
DATE: June 4, 2024
TO: Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Cassandra Sanchez, Director of Public Works
Robert Worby, Fleet / Warehouse Supervisor
SUBJECT: Vehicle Procurement – Two Mid-Size Trucks and One Service Crane Truck
RECOMMENDED ACTION
It is recommended that the Board of Directors of the Hesperia Water District authorize the City Manager to enter into an agreement with Ken Grady Ford in a not to exceed amount of $215,811 for the purchase of two (2) 2024 Ford Ranger SuperCrew 4 X 4 trucks and one (1) 2024 F-550 service truck with an 11-foot crane.
BACKGROUND
To maintain an optimal operating fleet, vehicles are periodically reviewed as part of the fleet management. Those that require higher-than-expected lifetime maintenance costs to remain operational are recommended for replacement.
One Ford Ranger is needed to replace an existing 22-year-old unit (vehicle 13 14) while the crane service truck will take the place of the current 18 -year-old vehicle (unit 1193). Both assets have reached the end of their useful lives and the annual costs attributed to maintaining them exceed salvage value. The second Ford Ranger is needed for Water Operations.
ISSUES/ANALYSIS
The Public Works Division requested two separate quotes for two new mid-size trucks and one new crane truck on May 8, 2024, soliciting bids from nine dealerships both locally and out of the area to maximize bid response. A requirement was included that the vehicles must be delivered during Fiscal Year (FY) 2023-24. The bids closed on May 13, 2024, with Ken Grody Ford being the only respondent for both. Staff recommends awarding the bids to Ken Grody Ford who they have deemed the lowest responsive/responsible vendor with a total bid amount of $1 31,588.19 for the crane truck and $84,222.49 for the two Ford Rangers . All three of these trucks will be available for delivery before June 30, 2024.
CITY GOAL SUPPORTED BY THIS ITEM
Public Safety: Ensure public safety resources adequately protect our community.
Financial Health: Maintain a balanced budget and adequate reserves.
FISCAL IMPACT
Funding for this purchase has been included in the FY 23-24 Budget.
Staff Report to Chair and Board Members, Hesperia Water District Vehicle Procurement – Two Mid-Size Trucks And One Service Crane Truck June 4, 2024
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Bid comparison- Trucks
2. Bid comparison- Crane
City of Hesperia
STAFF REPORT
DATE: June 4, 2024
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Cassandra Sanchez, Director of Public Works
Dena Alcayaga, Administrative Analyst
SUBJECT: Final Tract Map No.17980-4, 17980-5, 17980-6, and 17980-7
RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2024-27 approving Final Tract Map No. 17980-4, 17980 -5, 17980 -6, and 17980 -7 to create 191 single -family residential lots on approximately 58.75 gross acres located north of Ranchero Road, south of Mission Street, between Topaz Avenue and Maple Avenue (Applicant: Lennar Homes APNs: 0405-383-34 and 35).
BACKGROUND
On November 22, 2006, the City Council approved Tentative Tract Map No. 17980 to create 351 single-family residential lots on 108 gross acres, a public park on 22.2 gross acres, an elementary school on 20 gross acres , and a commercial lot on 10 gross acres zoned Single -Family Residential (R -1), located north of Ranchero Road, south of Mission Street, between Topaz Avenue and Maple Avenue.
Tentative Tract Map No. 17980 has been phased. Final Tract Map No. 17980-1 (Phase I), 17980- 2 (Phase II), and 17980 -3 (Phase III) were approved by the City Council on May 16, 2021, and have been recorded. Final Tract Map No. 17980-4 (Phase IV) is creating 38 single -family residential lots on approximately 13.50 acres, Final Tract Map No. 17980-5 (Phase V) is creating 75 single -family residential lots on approximately 21.51 acres, Final Tract Map No. 17980-6 (Phase VI) is creating 49 single -family residential lots and one lettered lot A on approximately
8.19 acres, and Final Tract Map No. 17980-7 (Phase VII) is creating 29 single -family residential lots on approximately 9.07 acres. This will conclude all phases in Tentative Tract Map No. 17980.
Staff has reviewed the maps and determined that they comply with all General Plan and zoning regulations, all required conditions of approval, and all local ordinances related to the creation of these parcels. The developer has executed a Subdivision Improvement Agreement and furnished the required securities for the public improvements in accordance with local ordinances and the Subdivision Map Act.
ISSUES/ANALYSIS
There are no issues identified with this item.
Staff Report to the Mayor and Council Members
Final Tract Map No. 17980-4, 17980-5, 17980-6, and 17980-7 June 4, 2024
CITY GOAL SUPPORTED BY THIS ITEM
Future Development- Facilitate balanced growth to ensure cohesive community development and pursue economic development.
FISCAL IMPACT
There are no significant fiscal impacts to the City related to this action.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution No. 2024-27
2. Final Tract Map No. 17980-4
3. Final Tract Map No. 17980-5
4. Final Tract Map No. 17980-6
5. Final Tract Map No. 17980-7
RESOLUTION NO. 2024-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPER IA, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 17980-4, 17980-5, 17980- 6, AND 17980-7 TO CREATE 191 SINGLE -FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 58.75 GROSS ACRES LOCATED NORTH OF RANCHERO
ROAD, SOUTH OF MISSION STREET, BETWEEN TOPAZ AVENUE AND MAPLE AVENUE (APPLICANT: LENNAR HOMES. APNS: 0405 -383-34 AND 35).
WHEREAS, on November 22, 2006, the City Council approved Tentative Tract Map No. 17980; and
WHEREAS, Tentative Tract Map No. 17980 is to create 351 Single-family Residential lots on 108 gross acres, a public park on 22.2 gross acres, an elementary school on 20 gross acres and a commercial lot on 10 gross acres zoned Single -family Residential (R -1), located north of Ranchero Road, south of Mission Street, between Topaz Avenue and Maple Avenue; and
WHEREAS, Tentative Tract Map 17980 has been phased; and
WHEREAS, Final Tract Map No. 17980-1 (Phase I), 17980-2 (Phase II), and 17980-3 (Phase III) were approved by the City Council on May 16, 2021, and have been recorded; and
WHEREAS, Final Tract Map No. 17980-4 (Phase IV) creates 38 single-family residential lots on approximately 13.50 acres; and
WHEREAS, Final Tract Map No. 17980-5 (Phase V) creates 75 single-family residential lots on approximately 21.51 acres; and
WHEREAS, Final Tract Map No. 17980-6 (Phase VI) creates 49 single-family residential lots and one lettered lot A on approximately 8.19 acres; and
WHEREAS, Final Tract Map No. 17980-7 (Phase VII) creates 29 single-family residential lots on approximately 9.07 acres; and
WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.
NOW THEREFORE , BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. Final Tract Map Nos. 17980-4, 17980-5, 17980-6, and 17980-7 are hereby approved, and the City Clerk is authorized to present same to the County Recorder to be filed for record.
Section 2. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
Larry Bird
Mayor
ATTEST:
Erin Baum
Assistant City Clerk
Attachment 2
Attachment 3
Attachment 4
Attachment 5
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City of Hesperia
STAFF REPORT
RECOMMENDED ACTION
It is recommended that the City Council/Board ’s adopt the following Resolutions approving the FY 2024-25 Operating Budget for the City of Hesperia, Hesperia Housing Authority , Hesperia Fire Protection District, and Hesperia Water District:
1) City of Hesperia Resolution No. 2024-22 adopting the Fiscal Year 2024-25 Budget
2) City of Hesperia Resolution No. 2024-23 adopting the GANN Appropriations Limit
3) Hesperia Housing Authority Resolution HHA 2024-02 adopting the Fiscal Year 2024-25 Budget
4) Hesperia Fire Protecti on District Resolution HFPD 202 4-01 adopting the Fiscal Year 2024-25 Budget
5) Hesperia Fire Protecti on District Resolution HFPD 202 4-03 adopting the GANN Appropriations Limit
6) Hesperia Water District Resolution HWD 2024-05 adopting the Fiscal Year 2024-25 Budget
7) Joint Resolution No. 2024-21, HHA 202 4-03, HFPD 2024-02, and HWD 2024-04 re-adopting the Financial Policies
BACKGROUND
In complian ce with the City Council’s policy direction, staff has prepared the FY 2024-25 Operating Budget for the City of Hesperia, the Hesperia Housing Authority, Hesperia Fire Protection District, and the Hesperia Water District Board’s consideration and action. The information contained in this staff report follows two workshops regarding the City’s FY 2024-25 Operating Budget which began in May 2024.
DATE: June 4, 2024
TO: Mayor and Council Members
Chair and Board Members, Hesperia Housing Authority
Chair and Board Members, Hesperia Fire Protection District Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
SUBJECT: Fiscal Year (FY) 2024-25 Operating Budget Adoption
Staff Report to the Mayor and City Council/Board Members Fiscal Year 2024-25 Operating Budget Adoption
June 4, 2024
ISSUES/ANALYSIS
The City Council/Board’s expenditure plan and related resources to fund the Fiscal Year (FY) 2024-25 Operating Budget have been presented and staff is available to answer questions that the legislative bodies may have. Included with this staff report and attached resolutions is the FY 2024-25 combined operating budget of $ 89,186,449, made up of: operating expenditures of $ 83,738,549, expenditures from non -operating funds of $ 1,773,211, capital outlay in operating funds of $ 1,095,200, and debt service of $ 2,579,489. The Capital Improvement Program (CIP) budget of $33,804,875 will be presented for City Council consideration on June 18, 2024. With both items combined, the FY 2024-25 Budget is proposed to be $122,991,324.
Staff requests authority to make technical corrections, minor edits, etc. to the FY 2024-25 Proposed Budget document to be incorporated into the final FY 2024-25 Budget as approved by the City Council.
Financial Policies
Resolutions are included to re-adopt the annual Financial Policies for the City. These policies, which follow current practices, will serve as guidelines for the financial management of the City; particularly in the area of budgeting, accounting for capital improvement s, revenue, reserves, transfers of available budget within a fund, fiscal management, capital assets, long-term debt management, and Section 115 Trusts to address unfunded liabilities.
Gann Limit
Proposition 4, approved by California voters in 1979, requires cities and special districts to calculate and establish an appropriation limit each year. The limit is based on the actual appropriation in the fiscal year 1978-79 or year of incorporation, and increases with population growth and inflation. The FY 2024-25 Gann Limit for the City is $122,712,775 while the Fire District is $28,614,496.
CITY GOAL SUPPORTED BY THIS ITEM
Public Safety: Ensure public safety resources adequately protect our community.
Future Development : Facilitate balanced growth to ensure cohesive community development and pursue economic development.
Organizational Health : Foster a high performing organization that provides opp ortunities for professional growth.
Financial Health: Maintain a balanced budget and adequate reserves; and Capital Improvement: Continually evaluate capital improvement priorities.
FISCAL IMPACT
See Fiscal Year 2024-25 Proposed Budget.
ALTERNATIVE
Provide alternate direction to staff.
Staff Report to the Mayor and City Council/Board Members Fiscal Year 2024-25 Operating Budget Adoption
June 4, 2024
ATTACHMENTS
1. Resolution No. 2024-22
2. Resolution No. 2024-23
3. Resolution HHA 2024-02
4. Resolution HFPD 2024-01
5. Resolution HFPD 2024-03
6. Resolution HWD 2024-05
7. Joint Resolution No. 2024-21, HHA 2024-03, HFPD 2024-02, and HWD 2024-04 (Financial Policies)
8. Exhibit A Financial Policies clean and track changes
RESOLUTION NO. 2024-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, ADOPTING THE ANNUAL FISCAL YEAR 2024-25 OPERATING BUDGET
WHEREAS, the City Manager has prepared the proposed operating and capital budget for Fiscal Year 2024-25 for the City of Hesperia; and
WHEREAS, the City Council has received the Fiscal Year 2024-25 proposed operating budget and held a public workshop concerning its adoption; and
WHEREAS, the final budget document will be the City’s official Program of Serv ices for the City of Hesperia for Fiscal Year 2024-25.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this Resolution are true and correct.
Section 2. To accept, approve, and adopt the Fiscal Year 2024-25 Operating Budget (including transfers) as proposed and presented by staff and as adjusted by Council direction, as the official budget document and Program of Services for the City of Hesperia for Fiscal Year 2024-25, which includes:
Section 2a. City General Fund expenditures of $48,354,804.
Section 2b. Other City funds expenditures of $7,303,905 are from the following funds, exclusive of transfers:
Fund No. Fund Name Expenditure
110 Silverwood $ 495,400
241 CFD 2021-1 5,150
242 CFD 2022-1 5,150
243 CFD 2023-1 5,700
251 CDBG Administration 150,896
256 Beverage Recycling Grant 91,018
262 SB 1383 34,090
263 Street Maintenance Fund 4,171,648
309 DIF 2018-City Hall Facilities 167,000
402 Water Rights Acquisition 1,442,703
404 2023 Refunding Lease Revenue Bonds 735,150
Total $7,303,905
Section 2c. Transfers Out of City and Other funds in the amount of $8,160,539 are from the following funds:
Fund No. Fund Name Amount
100 General Fund $3,273,238
204 Measure I Renewal 1,750,000
205 Gas Tax 1,400,000
206 Gas Tax Swap 669,000
207 Local Transport-Sb 325 226,883
255 AB 3229 Supplemental Law 200,000
309 DIF 2018-City Hall Facilities 641,418
Total $8,160,539
Section 3. That the City Council approves the following position classification changes included in the 2024-25 Budget as follows:
Section 3a. That the City Council approves the new position classification title of Licensed Veterinarian position, which is an Unclassified/At -Will Senior Management classification, non -represented, as well as having an Employment Agr eement, with a salary range of 46, a sign-on bonus of $2,500 and a retention bonus of $50,000 (after milestones).
Section 3b. That the City Council approves the new position classification title of Human Resources Supervisor , which is a professional/supervisory classification, non - represented, with a salary range of 37.
Section 3c. That the City Council approves the new position classification title of Facilities Maintenance Specialist, which is a Represented classification at a range 14.
Section 4. That the City Manager and department head staff shall have the authority to transfer funds as incorporated in the Fiscal Year 2024-25 Budget and consistent with the po licy adopted by the City Council.
Section 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
ATTEST: Larry Bird, Mayor
Erin Baum, Assistant City Clerk
RESOLUTION NO. 2024-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING THE FISCAL YEAR 2024-25 ARTICLE XIIIB LIMIT (GANN APPROPRIATIONS LIMITATION)
WHEREAS, Article XIIIB of the California Constitution (Proposition 4) was passed by voters in 1979; and
WHEREAS, Article XIIIB sets a limit on the annual spending or appropriations levels of the state, local governments, and schools according to changes in inflation and population, the base year levels being set in Fiscal Year 1978-79; and
WHEREAS, said limit is known as the Gann Appropriations Limitation and must be adopted annually by the governing body of each jurisdiction; and
WHEREAS, said annual limitation is esta blished by multiplying either the increase of the jurisdictional change in per capita income or assessed valuation, whichever is greater, by the change in population; and multiplying the resulting figure by the previous fiscal year’s limitation; and
WHEREAS, upon incorporation, the Local Agency Formation Commission (LAFCO) set the base Gann Appropriations Limitation for the City of Hesperia at $12,000,000; and
WHEREAS, said limitation has been properly adjusted for the City of Hesperia each fiscal year, including Fiscal Ye ar 2024-25, by the Finance Division according to the State’s formula as shown below; and
WHEREAS, it is required that each jurisdiction’s governing body adopt their adjusted Gann Appropriations Limitation on an annual fiscal year basis.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. Approves the annual Fiscal Year 2024-25 Article XIIIB Limit (Ga nn Appropriations Limitation) of $122,712,775 for the City of Hesperia.
Appropriations limit for fiscal year ended June 30, 2024 $117,544,125
Adjustment factors for the fiscal year ended June 30, 2025 Inflation
Factor
Population
Factor
Combined
Factor
1.0362 1.0075 1.043972 x 0.043972
Adjustment for inflation and population 5,168,650 Appropriations limit for fiscal year ended June 30, 2025 $122,712,775
Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
Larry Bird, Mayor
ATTEST:
Erin Baum, Assistant City Clerk
RESOLUTION HHA 2024-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HESPERIA
HOUSING AUTHORITY, CITY OF HESPERIA, CALIFORNIA, ADOPTING THE ANNUAL FISCAL YEAR 2024-25 OPERATING BUDGET
WHEREAS, the Executive Director of the Hesperia Housing Authority has prepared the proposed operating budget for Fiscal Year 2024-25; and
WHEREAS, the Hesperia Housing Authority Board has received the Fiscal Year 2024-25 proposed operating budget and held a public workshop concerning its adoption; and
WHEREAS, the final budget document will be the Board’s official Program of Services for the Housing Authority for Fiscal Year 2024-25.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. To accept, approve, and adopt the Fiscal Year 2024-25 Budget as proposed and presented by staff and as adjusted by Board direction, as the official budget document and Program of Services for the Housing Authority for Fiscal Year 2024-25, which includes budgeted expenditures totaling $78,976.
Section 3. That the Board and department head staff shall have the authority to transfer funds as incorporated in the Fiscal Year 2024-25 Budget and consistent with the policy adopted by the Authority’s Board.
Section 4. That the Secretary of the Housing Authority shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
Larry Bird, Chair
ATTEST:
__
Erin Baum, Secretary to the Board
RESOLUTION HFPD 2024-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HESPERIA FIRE
PROTECTION DISTRICT, CITY OF HESPERIA, CALIFORNIA, ADOPTING THE ANNUAL FISCAL YEAR 2024-25 OPERATING BUDGET
WHEREAS, the Executive Director has prepared the proposed operating budget for Fiscal Year 2024-25 for the Hesperia Fire Protection District; and
WHEREAS, the Board of Directors has received the Fiscal Year 2024-25 proposed operating budget and held a public workshop concerning its adoption; and
WHEREAS, the final budget document will be the District’s official Program of Services for the Hesperia Fire Protection District for Fiscal Year 2024-25.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HESPERIA FIRE PROTECTION DISTRICT AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. To accept, approve and adopt the Fiscal Year 2024-25 Budget as proposed and presented by staff and as adjusted by Board direction, as the official budget document and Program of Services for the Hesperia Fire Protection District for Fiscal Year 2024-25 which includes budgeted expenditures totaling $1,814,535.
Section 3. That the Executive Director and department head staff shall have the authority to transfer funds as incorporated in the Fiscal Year 2024-25 Budget and consistent with the policy adopted by the District’s Board of Directors.
Section 4. That the Secretary of the Board of Directors shall certify to th e passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
Larry Bird, Chair
ATTEST:
Erin Baum, Secretary
RESOLUTION HFPD 2024-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HESPERIA FIRE
PROTECTION DISTRICT, HESPERIA, CALIFORNIA, APPROVING THE FISCAL YEAR 2024-25 ARTICLE XIIIB LIMIT (GANN APPROPRIATIONS
LIMITATION)
WHEREAS, Article X IIIB of the California Constitution (Proposition 4) was passed by voters in 1979; and
WHEREAS, Article XIIIB sets a limit on the annual spending or appropriations levels of the state, local governments, and schools according to changes in inflation and population, the base year levels being set in Fiscal Year 1978-79; and
WHEREAS, said limit is known as the Gann Appropriations Limitation and must be adopted annually by the governing body of each jurisdiction; and
WHEREAS, said annual limitation is establ ished by multiplying either the increase of the jurisdictional change in per capita income or assessed valuation, whichever is greater, by the change in population; and multiplying the resulting figure by the previous fiscal year’s limitation; and
WHEREAS, said limitation has been properly adjusted for the Hesperia Fire Protection District fiscal year, including Fiscal Year 2024-25, by the Finance Division according to the State’s formula as shown below; and
WHEREAS, it is required that each jurisdiction’ s governing body adopt their adjusted Gann Appropriations Limitation on an annual fiscal year basis.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF HESPERIA FIRE PROTECTION DISTRICT AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. Approves the annual Fiscal Year 2024-25 Article XIIIB Limit (Gann Appropriations Limitation) of $28,614,496 for the Hesperia Fire Protection District.
Appropriations limit for fiscal year ended June 30, 2024 $27,409,256
Adjustment factors for the fiscal year ended June 30, 2025 Inflation
Factor
Population
Factor
Combined
Factor
1.0362 1.0075 1.043972 x 0.043972
Adjustment for inflation and population 1,205,240
Appropriations limit for fiscal year ended June 30, 2025 $28,614,496
Section 3. That the Board Secretary shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
Larry Bird, Chair
ATTEST:
Erin Baum, Secretary
RESOLUTION HWD. 2024-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HESPERIA
WATER DISTRICT, CITY OF HESPERIA, CALIFORNIA, ADOPTING THE ANNUAL FISCAL YEAR 2024-25 OPERATING BUDGET
WHEREAS, the General Manager has prepared the proposed operating and capital budget for Fiscal Year 2024-25 for the Hesperia Water District; and
WHEREAS, the Board of Directors has received the Fiscal Year 2024-25 proposed operating budget and held a public workshop concerning its adoption; and
WHEREAS, the final budget document will be the District’s official Program of Services for the Hesperia Water District for Fiscal Year 2024-25.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. To accept, approve , and adopt the Fiscal Year 2024-25 Operating Budget as proposed and presented by staff and as adj usted by Board direction, as the official budget document and Program of Services for the Hesperia Water District for Fiscal Year 2024-25 which includes water operating expenditures of $ 24,444,718, sewer operating expenditures of $6,887,085, and Reclaimed Water Operations of $302,426, for a Water District operating total of $31,634,229.
Section 2b. Transfers Out of Water District funds in the a mount of $ 1,750,000 from Fund 700, and $852,000 from Fund 710, for a District total of $2,602,000.
Section 3. That the General Manager and department head staff shall have the authority to transfer funds as incorporated in the Fiscal Year 2024-25 Budget and consistent with the policy adopted by the District’s Board of Directors.
Section 4. That the Secretary of the Board of Directors shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
Larry Bird, Chair
ATTEST:
Erin Baum, Secretary
JOINT RESOLUTION NO. 2024-21
RESOLUTION HHA NO. 2024-03
RESOLUTION HFPD NO. 2024-02
RESOLUTION HWD NO. 2024-04
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING
AUTHORITY, THE BOARD OF DIRECTORS OF THE HESPERIA FIRE
PROTECTION DISTRICT, AND THE BOARD OF DIRECTORS OF THE
HESPERIA WATER DISTRICT ADOPTING FINANCIAL POLICIES
WHEREAS, the City of Hesperia wishes to establish a comprehensive set of financial policies that will serve as a guideline for operational and strategic decision making related to financial matters; and
WHEREAS, financial policies are intended to establish guidelines for the City’s o verall planning and management; and
WHEREAS, such policies will allow the City to maintain and enhance a sound fiscal condition ; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY, THE
BOARD OF DIRECTORS OF THE HESPERIA FIRE PROTECTION DISTRICT, AND THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICTS AS FOLLOWS:
Section 1. The recitals are true and correct and adopted as findings.
Section 2. That the City Council and Board of Directors approves the Financial Policies (Exhibit A).
Section 3. If any section, sub-section, sentence, clause, or word in the Resolution is held to be invalid by decision of any court of competent jurisdiction or action of State legislation, such decision or legislation shall not affect the validity of the remain ing portions of this Resolution.
Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4th day of June 2024.
_________________________________________
Larry Bird, Mayor/Chair
ATTEST:
__________________________________
Erin Baum, Assistant City Clerk/Secretary
FP
F I N A N C I A L
P O
L I C I E S
Financial Policies
Financial Policies Resolutions – The following four resolutions are scheduled for the City Council to adopt the Financial Policies for the City and its subsidiary districts:
Joint Resolution No. 2024-21
Resolution HHA 2024-03
Resolution HFPD 2024-02
Resolution HWD 2024-04
EXHIBIT A
FP - 2
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FINANCIAL POLICIES
FP - 3
I. BUDGETING POLICY
The City will adopt an annual budget for the fiscal year beginning July 1 st no later than June 30 th of the same calendar year.
The adopted budget will be balanced with current year operating expenditures fully funded by current year revenues. Fund balance reserves for the General Fund and Water District will be used only for non -recurring expenditures such as capital projects, studies, etc. and not for on-going operations. In the event that fund balance reserves are used for recurring (operational) expenditures, the City Council will be notified prior to adoption of the annual budget. The City Manager is authorized to implement programs as approved in the adopted budget. A First Quarter and Mid- Year budget review will be conducted for the City Council to determine the status of projected revenues, expenditures, and other financial situations, along with consideration of needed budget amendments. A Fourth Quarter appropriation review is conducted and budget amendments are presented to the City Council as needed.
To ensure adequate funding for law enforcement services, the annual Police Department budget shall equal or not exceed 53% of a three -year average of the General Fund audited operating expenditure s. The General Fund operating budget is comprised of all expenditures less transfers out, debt service, and capital outlay. Furthermore, the actual expenditures will be comprised of an average of the three most recently audited fiscal years. Should the Police Department budget exceed 53% of the General Fund operating budget and the City is unable to balance the budget without the use of reserves, the City Manager is authorized by the City Council to negotiate with the County of San Bernardino Sheriff’s Department to identify cost savings to maintain the City Council approved percentage.
In addition, should the annual Police Department budget be less than 53% of the General Fund operating budget, the City Manager will be authorized to add additional level of services, be that personnel, programs, or equipment.
II. CAPITAL IMPROVEMENT POLICY
The City will identify the estimated costs and potential funding sources for each capital project prior to its submittal to the City Council for approval.
Capital projects involve the purchase or construction of major capital assets such as land; equipment; infrastructure; building or permanent improvements including additions, replacements, and major alterations; having a long life expectancy; and costing $5,000 or more.
Capital projects are funded by a variety of funding sources, which are often restricted for a specific purpose. Prior to a capital project being included in the annual budget, a determination must be made that the project is an appropriate use of the funds and that there is sufficient funding available.
III. REVENUE POLICY
Recurring expenditures will be funded by recurring revenue. Recurring expenditure increases that exceed recurring revenue growth should not be approved. Any new or expanded programs should be required to identify new funding sources and/or offsetting reductions in expenditures. In addition:
The City shall use a conservative approach in projecting revenues. One-time revenues may be used for one-time expenditures or enhancement of reserves. The City shall update its user fees and charges periodically to recover costs of providing that service for which a fee is charged.
All potential grants shall be carefully reviewed for matching requirements, maintenance of effort requirements, and on-going future expenditures requirements.
Intergovernmental grants will be evaluated to determine the long term operating and maintenance costs associated with the grant.
The City will maintain water and sewer rate structures which are adequate to ensure that these enterprise funds remain firmly and separately self -supporting, including the costs of operation, capital replacement, cost allocation plan, and debt service.
FINANCIAL POLICIES
FP - 4
IV. RESERVE POLICY
The cash reserve policies for the General Fund requires that a minimum of two (2) months of the annual expenditures be held in cash. It is the goal for the Hesperia Water District (Enterprise Fund), which is in the process of building reserves, to have two (2) months of the annual expenditures held in cash. Cash reserves is a calculation of the ratio of cash and cash equivalents to the total individual annual expenditures. The specific purpose of the reserves is to provide funding to meet operational appropriation requirements in the event that either , the City or Water District experience shortfalls in the level of anticipated revenues or unanticipated expenses.
Adequate reserve levels are a necessary component of the City’s overall financial management strategy. It is the responsibility of the City Council to maintain a sufficient level of reserve funds to provide for the orderly provision of services to the citizens of the City of Hesperia. The City Council has the authority to decide the circumstances under which the reserves can be used. The City Manager may, from time to time, make recommendations as to the level of reserve funds necessary for prudent fiscal management. Reserve levels shall be reviewed at least annually during the budget process to ensure that they are consistent with the conditions faced by the City. All uses of reserves require a resolution of the City Council or will be incorporated in the annual adopted budget.
If the rare situation arises where a portion of the City’s Reserves are to be utilized to fund operations, the equivalent amount will be returned as Reserves in the next available Budget. Use of Reserves in this instance may impact the City’s ability to mee t the Reserve Policy of holding (2) months of the annual expenditures in cash and requires City Council approval, as incorporated into the adopted budget.
V. TRANSFER AUTHORITY
The following criteria establish the transfer authority for appropriations as set forth in the fiscal year budget. Division Managers can make transfers between line items in the same program. Department Directors can make transfers between divisions within the same fund. Transfers between departments, within the same fund, will require the City Manager approval. Transfers between the capital expenditure classification and the operating expenditure classifications will require the City Manager approval.
Transfers between different funds can only be made with an approved City Council resolution. The Finance Division will review all budget transfers and make recommendations to the City Manager.
VI. FISCAL MANAGEMENT
An independent firm of certified public accountants will perform an annual financial and compliance audit according to General Accepted Auditing Standards (GAAS) that will be incorporated into the Annual Comprehensive Financial Report.
Annually, the City will seek the Governmental Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting and the Certificate of Achievement for Distinguished Budget Presentation Awards.
VII. INVESTMENTS
The City will continue to have a written investment policy approved by City Council resolution annually. The policy for investments in priority order is safety, liquidity, and yield. The City Council will receive reports on the cash position and performance of City investments on a monthly basis.
VIII. CAPITAL ASSETS
Assets exceeding the value of $5,000 are considered capital assets. All assets will be maintained at a level that protects capital investment and minimizes future maintenance costs.
FINANCIAL POLICIES
FP - 5
IX. DEBT MANAGEMENT
The City will not issue long-term debt to finance current operations. Debt financing should only be used for long - term capital improvement projects or purchases of capital assets, such as water rights, that have a useful life exceeding the term of the financing. In addition, identified revenue sources shall be identified to allow for the principal, interest, and other related payments (debt service) of the long-term debt. The City will seek to maintain a high credit rating through sound financial practices as a basis for minimiz ing borrowing costs.
The City will monitor all forms of debt. Annually, the status of all long-term debt will be reported to the City Council in the annual budget.
The City will diligently monitor its compliance with bond covenants and continuing disclosures.
X. UNFUNDED LIABILITY
The City maintains three Section 115 Trusts to address the unfunded liability for the CalPERS – Miscellaneous Plan or the City of Hesperia, CalPERS – Safety Plan for the Hesperia Fire Protection District (HFPD), and the other postemployment benefits (OPEB) of the City. Th e Section 115 Trust plans allow the City to safely and securely set aside funds, separate and apart from the state retirement system, in a tax-exempt irrevocable trust to reduce pension and other postemployment liabilities and stabilize these costs. In addition to potential investment earnings, annual funding of the plans allows the City to maximize the benefits of the trust plans. The following policies indicate the annual funding provisions:
The City will annually contribute a minimum of five percent (5%) of the annual CalPERS required employer unfunded liability payment into the 115 Trust for the City miscellaneous and safety plan. The City will review the annual CalPERS actuarial valuation report and include into the budget the 5% calculation as transfer to the 115 pension plans.
The City will annually review the OPEB billin g from CalPERS and contribute a minimum 15% to the 115 Trust of OPEB. The City will use the current year OPEB billing to be included in the next year budget. For example, the FY 2023-24 billing will be used for the FY 2024-25 Budget.
FINANCIAL POLICIES
FP - 6
JOINT RESOLUTION NO. 2024-21
RESOLUTION HHA NO. 2024-03
RESOLUTION HFPD NO. 2024-02
RESOLUTION HWD NO. 2024-04
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING
AUTHORITY, THE BOARD OF DIRECTORS OF THE HESPERIA FIRE
PROTECTION DISTRICT, AND THE BOARD OF DIRECTORS OF THE HESPERIA
WATER DISTRICT ADOPTING FINANCIAL POLICIES
WHEREAS, the City of Hesperia wishes to establish a comprehensive set of financial policies that will serve as a guideline for operational and strategic decision making related to financial matters; and
WHEREAS, financial policies are intended to establish guidelines for the City’s overall planning and management; and
WHEREAS, such policies will allow the City to maintain and enhance a sound fiscal condition; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI TY OF HESPERIA,
CALIFORNIA, THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY, THE
BOARD OF DIRECTORS OF THE HESPERIA FIRE PROTECTION DISTRICT, AND THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICTS AS FOLLOWS:
Section 1. The recitals are true and correct and adopted as findings.
Section 2. That the City Council approves the Financial Policies (Exhibit A).
Section 3. If any section, sub-section, sentence, clause, or word in the Resolution is held to be invalid by decision of any court of competent jurisdiction or action of State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Resolution.
Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 4
th day of June 2024.
_________________________________________
Larry Bird, Mayor/Chair
ATTEST:
_________________________________
Erin Baum, Assistant City Clerk/Secretary
FP
F I N A N C I A L
P O L I C I E S
Financial Policies
Financial Policies Resolutions – The following four resolutions are scheduled for the City Council to adopt the Financial Policies for the City and its subsidiary districts:
Joint Resolution No. 20243-2134
Resolution HHA 20243-035
Resolution HFPD 20243-024
Resolution HWD 20243-049
FP - 2
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FINANCIAL POLICIES
FP - 3
I. BUDGETING POLICY
The City will adopt an annual budget for the fiscal year beginning July 1 st no later than June 30 th of the same calendar year.
The adopted budget will be balanced with current year operating expenditures fully funded by current year revenues. Fund balance reserves for the General Fund and Water District will be used only for non-recurring expenditures such as capital projects, studies, etc. and not for on-going operations. In the event that fund balance reserves are used for recurring (operational) expenditures, the City Council will be notified prior to adoption of the annual budget. The City Manager is authorized to implement programs as approved in the adopted budget. A First Quarter and Mid-Year budget review will be conducted for the City Council to determine the status of projected revenues, expenditures, and other financial situations, along with consideration of needed budget amendments. A Fourth Quarter appropriation review is conducted and budget amendments are presented to the City Council as needed.
To ensure adequate funding for law enforcement services, the annual Police Department budget will shall equal or not exceed 53% of a three-year average of the General Fund audited operating expenditures. The General Fund operating budget is comprised of all expenditures less transfers out, debt service, and capital outlay. Furthermore, the actual expenditures will be comprised of an average of the three most recently audited fiscal years. Should the Police Department budget exceed 53% of the General Fund operating budget and the City is unable to balance the budget without the use of reserves, the City Manager is authorized by the City Council to negotiate with the County of San Bernardino Sheriff’s Department to identify cost savings to maintain the City Council approved percentage.
In addition, should the annual Police Department budget be less than 53% of the General Fund operating budget, the City Manager will be authorized to add additional level of services, be that personnel, programs, or equipment.
II. CAPITAL IMPROVEMENT POLICY
The City will identify the estimated costs and potential funding sources for each capital project prior to its submittal to the City Council for approval.
Capital projects involve the purchase or construction of major capital assets such as land; equipment; infrastructure; building or permanent improvements including additions, replacements, and major alterations; having a long life expectancy; and costing $5,000 or more.
Capital projects are funded by a variety of funding sources, which are often restricted for a specific purpose. Prior to a capital project being included in the annual budget, a determination must be made that the project is an appropriate use of the funds and that there is sufficient funding available.
III. REVENUE POLICY
Recurring expenditures will be funded by recurring revenue. Recurring expenditure increases that exceed recurring revenue growth should not be approved. Any new or expanded programs should be required to identify new funding sources and/or offsetting reductions in expenditures. In addition:
The City shall use a conservative approach in projecting revenues. One-time revenues may be used for one-time expenditures or enhancement of reserves. The City shall update its user fees and charges periodically to recover costs of providing that service for which a fee is charged.
All potential grants shall be carefully reviewed for matching requirements, maintenance of effort requirements, and on-going future expenditures requirements.
Intergovernmental grants will be evaluated to determine the long term operating and maintenance costs associated with the grant.
The City will maintain water and sewer rate structures which are adequate to ensure that these enterprise funds remain firmly and separately self-supporting, including the costs of operation, capital replacement, cost allocation plan, and debt service.
FINANCIAL POLICIES
FP - 4
IV. RESERVE POLICY
The cash reserve policies for the General Fund requires that a minimum of two (2) months of the annual expenditures be held in cash. It is the goal for the Hesperia Water District (Enterprise Fund), which is in the process of building reserves, to have two (2) months of the annual expenditures held in cash. Cash reserves is a calculation of the ratio of cash and cash equivalents to the total individual annual expenditures. The specific purpose of the reserves is to provide funding to meet operational appropriation requirements in the event that either, the City or Water District experience shortfalls in the level of anticipated revenues or unanticipated expenses.
Adequate reserve levels are a necessary component of the City’s overall financial management strategy. It is the responsibility of the City Council to maintain a sufficient level of reserve funds to provide for the orderly provision of services to the citizens of the City of Hesperia. The City Council has the authority to decide the circumstances under which the reserves can be used. The City Manager may, from time to time, make recommendations as to the level of reserve funds necessary for prudent fiscal management. Reserve levels shall be reviewed at least annually during the budget process to ensure that they are consistent with the conditions faced by the City. All uses of reserves require a resolution of the City Council or will be incorporated in the annual adopted budget.
If the rare situation arises where a portion of the City’s Reserves are to be utilized to fund operations, the equivalent amount will be returned as Reserves in the next available Budget. Use of Reserves in this instance may impact the City’s ability to meet the Reserve Policy of holding (2) months of the annual expenditures in cash and requires City Council approval, as incorporated into the adopted budget.
V. TRANSFER AUTHORITY
The following criteria establish the transfer authority for appropriations as set forth in the fiscal year budget. Division Managers can make transfers between line items in the same program. Department Directors can make transfers between divisions within the same fund. Transfers between departments, within the same fund, will require the City Manager approval. Transfers between the capital expenditure classification and the operating expenditure classifications will require the City Manager approval.
Transfers between different funds can only be made with an approved City Council resolution. The Finance Division will review all budget transfers and make recommendations to the City Manager.
VI. FISCAL MANAGEMENT
An independent firm of certified public accountants will perform an annual financial and compliance audit according to General Accepted Auditing Standards (GAAS) that will be incorporated into the Annual Comprehensive Financial Report.
Annually, the City will seek the Governmental Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting and the Certificate of Achievement for Distinguished Budget Presentation Awards.
VII. INVESTMENTS
The City will continue to have a written investment policy approved by City Council resolution annually. The policy for investments in priority order is safety, liquidity, and yield. The City Council will receive reports on the cash position and performance of City investments on a monthly basis.
VIII. CAPITAL ASSETS
Assets exceeding the value of $5,000 are considered capital assets. All assets will be maintained at a level that protects capital investment and minimizes future maintenance costs.