LOs Banos
e ro. ·o VJ Califi a
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
NOVEMBER 16, 2022 - 6:00 PM
f.Jve stream on Voufube afJ
https://www.youtube.com/channel/UC3sy5 sIYr3447mZsrqI5Tg ............................................................ _______ ............................ _____ ............................ , ____ , ___ _ If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
; Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina a Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta. u~?.~~ de Los Banos cumple ~~.~ .. ~~ .. ~.~~~ .. ~e Americanos con ~.~~~.~~.'.~!.dad (ADA) de 199?,: ...... J ,-----........................................................................................................................................ --- ............................................................................................. , Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cua/quier artfcu/o en este orden def dia sera hecho disponible para la ____ ;;::;~~;~:;;~~;:;;;~tt¥~;~1;~f ~;::;;;i;;~~~~~=~;__1
1. CALL TO ORDER - November 16, 2022 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __
4. CONSIDERATION OF APPROVAL OF AGENDA.
Los Banos City Council Agenda - November 16, 2022 Page 1 of 4 1 5. PRESENTATIONS.
A. Certificate of Recognition - Daniel Freeman, Fire Captain, City of Los Banos Employee of the Month for October 2022.
8. Certificate of Recognition - Mercey Springs Elementary, Most Patriotic Elementary School in the Veterans Day Parade.
C. Certificate of Recognition - Los Banos Junior High School, Most Patriotic Junior High School in the Veterans Day Parade.
D. Certificate of Recognition - Pacheco High School, Most Patriotic High School in the Veterans Day Parade.
6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #2357 42 - #235934 in the Amount of $1,337,108.25.
Recommendation: Approve the check register as submitted.
B. First Quarter Investment Report for the 2022/2023 Fiscal Year.
Recommendation: Accept the report as submitted.
C. City Council Resolution No. 6578 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361 .
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6579 - Approving Closure of Non-Essential City Offices on Friday, December 23, 2022 and Friday, December 30, 2022.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6580 - Authorizing the Interim City Manager to Enter into the Eleventh Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. through March 30, 2023.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6581 - Approving a Side Letter Agreement / Memorandum of Understanding by and between the City of Los Banos and Los Banos City Council Agenda - November 16, 2022 Page 2of4 2 the Public Employees' Union Local One/AFSCME (Public Works Unit) Regarding Mid-Contract Salary Increases and Essential Worker Payments.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6582 - Approving a Side Letter Agreement I Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Dispatchers/Community Services Officers Association Regarding Mid-Contract Salary Increases and Essential Worker Payments.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6583 - Approving a Side Letter Agreement / Memorandum of Understanding by and between the City of Los Banos and the Los Banos Fire Fighters Association Regarding Mid-Contract Salary Increases and Essential Worker Payments.
Recommendation: Adopt the resolution as submitted.
I. City Council Resolution No. 6584 - Approving a Side Letter Agreement I Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Officers Association Regarding Mid-Contract Salary Increases and Essential Worker Payments.
Recommendation: Adopt the resolution as submitted.
J. City Council Resolution No. 6585 - Approving a Side Letter Agreement / Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Sergeants Association Regarding Mid-Contract Salary Increases and Essential Worker Payments.
Recommendation: Adopt the resolution as submitted.
K. City Council Resolution No. 6586 - Amending and Approving Division 4, Salary Schedule - Employee Classifications Relating to Citywide Salary Increases and Authorizing Essential Worker Payments.
Recommendation: Adopt the resolution as submitted.
8. CONSIDERATION OF AUTHORIZING TWO (2) NEW HOUSING/HOMELESS
POSITIONS IN THE COMMUNITY & ECONOMIC DEVELOPMENT
DEPARTMENT.
A. City Council Resolution No. 6587 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section C - Community & Economic Development Department and Budget Amendment.
Recommendation: Receive staff report and adopt the resolution as submitted.
9. MERCED COUNTY SIXTH CYCLE MUL Tl-JURISDICTIONAL HOUSING ELEMENT.
Las Banas City Council Agenda - November 16, 2022 Page 3af4 3 A. City Council Resolution No. 6588 - To Participate in the Merced County Multi-Jurisdictional Housing Element, Cost Sharing Agreement, and Adopting a Revised Budget for Fiscal year 2022/2023 as it Pertains to Expenditures.
Recommendation: Receive staff report and adopt the resolution as submitted.
10. ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.
11. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
12. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Recommendation: Informational item only, no action to be taken.
13. CITY COUNCIL MEMBER REPORTS.
A. Deborah Lewis
B. Refugio Llamas
C. Brett Jones
D. Kenneth Lambert
14. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing a a was post th City Hall bulletin board not less than 72 hours prior to the meeting.
Dated this 1 oth day of November 2022
Los Banos City Council Agenda - November 16, 2022 Page 4 of4 4 CERTIFICATE OF RECOGNITIO]\T
<Presented 7'o
DANIEL FREEMAN
Fire Captain - Los Banos Fire Department
In recognition of your outstanding peifonnance
and dedicated service to tlie City of Los (J3anos and
for 6eing named "P,mpfoyee of tlie 9rf.ontli "for Octo6er 2022. 'J(enneth Lam6ert, <M.ayor Pro (['em
(])atea: :Novem6er 16, 2022
LOsBanos
( 'l ,11
5 CERTIFICATE OF RECOGNlllO.l\T
(]!resented <To
MERCEY SPRINGS ELEMENTARY
Most Patriotic Elementary School
In recognition of its participation in the Los (Banos o/eterans <Day <Parade and for pfacing 1st in the ":Most <Patriotic Plementary Schoo{'' category.
1.(/nnetli Lam6ert, 911.ayor <Pro 'l'em
©ated': :N01Jem6er 16, 2022
LOsBanos .~{_.r 11,e ( .,\~)_,"j",(J .. t-:,C ~ ,..,, ~-;..iffrr.c'f!'tt · 6 CERTIFICATE OF RECOGNITION
Presented lJ:o
LOS BANOS JUNIOR HIGH SCHOOL
Most Patriotic Junior High School
In recognition of its participation in the Los (J3anos Veterans (]Jay <Parade and for pfacing 1st in the ":!dost <Patriotic Junior Jfigh Schoof'' category. 1(/nnetn £am6ert, 9rf.ayor <Pro 'Iem
(J)ated': 1{ovem6er 16, 2022
LOsBanos
7 CERTIFICATE OF RECOGNTI10N
<Presented <To
PACHECO HIGH SCHOOL
Most Patriotic High School
In recognition of its participation in tlie £os <Banos Veterans (}Jay <Parade and for pCacing 1st in tlie ":Most (patriotic Jfigli Scfioo{" category. 'l(flnnetli £am6ert, :Mayor (J'ro 'I'em
(J)atetf: :Novem6er 16, 2022
T Cityof B LOS ·anos
At the Crossroads of Cali(orma
8 CK# 235742 - # 235934 11/16/2022 $1,337,108.25
Checks by Date
User: jgwright
Printed: 11/08/2022 - 3:58PM
Cleared and Not Cleared 1
Print Void Checks
Check Check Date Name
235742 10/28/2022 American Planning Association, CA Chapter 235743 10/28/2022 Anthony Gomes
235744 10/28/2022 Apex Annex Health Center, Inc.
235745 10/28/2022 Aramark Uniform Ser Inc
235746 10/28/2022 AT&T
235747 10/28/2022 Mary Ahumada
235748 10/28/2022 Backflow Apparatus & Valve Co.
235749 10/28/2022 Dorothy June Baker
235750 10/28/2022 Beacon Athletics LLC
235751 10/28/2022 BJ's Consumers Choice
235752 10/28/2022 Borelli Real Estate Service, Inc.
235753 10/28/2022 Bruce's Tire Inc
235754 10/28/2022 BSK Associates
235755 10/28/2022 Ca Dept of Justice
235756 10/28/2022 Cal Traffic
235757 10/28/2022 CENCAL Machine & Fabrication Inc.
235758 10/28/2022 Central Sanitary Supply
235759 10/28/2022 Central Valley Concrete Inc.
235760 10/28/2022 Clark Pest Control Inc
235761 10/28/2022 Comcast
235762 10/28/2022 CSG Consultants Inc.
235763 10/28/2022 Dos Palos Publishing Company
235764 10/28/2022 F S Rod Inc
235765 10/28/2022 Fastenal Company
235766 10/28/2022 Fast Track Car Wash
235767 10/28/2022 Foster Bros Security Systems Inc.
235768 10/28/2022 GoTo Communications, Inc.
235769 10/28/2022 Henley Pacific, LLC
235770 10/28/2022 Joshua Houtekamer
235771 10/28/2022 IIMC
235772 10/28/2022 Liebert Cassidy Whitmore
235773 10/28/2022 Lowe's
235774 10/28/2022 Mark Thomas & company. Inc.
235775 10/28/2022 Marfab Inc
235776 10/28/2022 Matson Alarm Co Inc
235777 10/28/2022 Merced Truck & Trailer Inc
235778 10/28/2022 Merced County Association of Government 235779 10/28/2022 OSE
235780 10/28/2022 David Oliveira
235781 10/28/2022 O'Reilly Auto Parts
235782 10/28/2022 Pace Supply Corp.
235783 10/28/2022 PSG Fencing Corp.
235784 10/28/2022 Provost and Pritchard Engineering, Inc. 235785 10/28/2022 Purchase Power Inc
LOsBanos
Module Void
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
Amount
507.00
1,212.03
200.00
318.70
247.92
500.00
123.20
38.06 674.26
40.00 90.00
482.09
208.00
1,235.00
3,754.11
1,513.97
458.37
1,409.40
100.00
350.16
8,143.75
120.00
1,335.66
58.26 511.00
2,269.50
2,983.15
68.90 852.00
250.00
8,170.50
1,644.45
16,258.84
174.69
189.00
899.58
600.00
170.17
36.75 855.11
8,041.62
1,200.00
686.30
3,030.00
9 235786 10/28/2022 Protech Security & Electronics, Inc. AP 60.00 235787 10/28/2022 Safe T Lite of Modesto, Inc. AP 414.08 235788 10/28/2022 Santos Ford Inc. AP 128,507.37
235789 10/28/2022 Sherwin Williams Co AP 475.13
235790 10/28/2022 Robert & Susan Hansen AP 315.38
235791 10/28/2022 Soares Lumber & Fence Inc AP 10.33
235792 10/28/2022 Natalie Sobalvarro AP 150.00
235793 10/28/2022 Sorensens True Value AP 276.18
235794 10/28/2022 Stantec Consulting Services, Inc. AP 4,776.75 235795 10/28/2022 Traffic Logix Corp. AP 3,012.94
235796 10/28/2022 United Rentals (North America), Inc. AP 4,765.61 235797 10/28/2022 US Fueling Solutions AP 2,649.87
235798 10/28/2022 Martin Larios Jimenez AP 34.58
235799 10/28/2022 Meritage Homes AP 166.79
235800 10/28/2022 D.R. Horton AP 177.86
235801 10/28/2022 Sunshine Investments AP 101.87
235802 10/28/2022 Anita Singh AP 62.62
235803 10/28/2022 Century Communities AP 92.51
235804 10/28/2022 Danny Hernandez AP 56.07
235805 10/28/2022 Maria Ochoa Barajas AP 136.05
235806 10/28/2022 Donna Nguyen AP 52.80
235807 10/28/2022 Gloria Alvarez AP 52.80
235808 10/28/2022 Michelle Melendez- Anaya AP 69.17
235809 10/28/2022 Verizon Wireless AP 456.12
235810 10/28/2022 Omar Valencia AP 600.00
235811 10/28/2022 Windecker Inc AP 3,369.94
235812 10/28/2022 Young's Air Conditioning AP 1,407.17
235813 10/28/2022 Ronny's Inc. AP 45,581.88
235814 10/28/2022 Ronny's Inc. AP 22,341.37
235815 10/28/2022 Ronny's Inc. AP 68,874.13
235816 10/28/2022 California Building Standards Commission AP 660.60 235817 10/28/2022 City of Los Banos Escrow Account AP 2,483.98 235818 10/28/2022 City of Los Banos Utility AP 41,727.25 235819 10/28/2022 Dept of Conservation AP 2,021.78
235820 10/28/2022 Mid-Valley Disposal LLC AP 275,433.66 235821 10/28/2022 Premier Access Insurance Co. AP 21,760 .36
235822 10/28/2022 Sun Life Financial AP 7,155.90
235823 10/28/2022 US Bank Corp Pymt System AP 37,945.57 235831 11/4/2022 Abbott & Kindermann, Inc. AP 1,031.03
235832 11/4/2022 Kasey Alim AP 180.00
235833 11/4/2022 Amerigas Propane, LP AP 753.32
235834 I 1/4/2022 American Self Storage AP 830.00
235835 11/4/2022 Animal Damage Management, Inc. AP 4,325.00 235836 11/4/2022 Anthony Gomes AP 2,019.79
235837 11/4/2022 Aramark Uniform Ser Inc AP 1,685.11
235838 11/4/2022 AramarkUniform & Career Apparel Group, Inc. AP 141.76 235839 11/4/2022 AT&T Mobility AP 4,626.78
235840 11/4/2022 AT&T AP 377.67
235841 11/4/2022 AT&T AP 100.94
235842 11/4/2022 Axon Enterprise, Inc. AP 9,439.50
235843 11/4/2022 Backflow Apparatus & Valve Co. AP 1,279.00 235844 11/4/2022 BJ's Consumers Choice AP 406.00
235845 11/4/2022 Richard A Blak Phd AP 450.00
235846 11/4/2022 BSK Associates AP 1,694.00
10 235847 11/4/2022 Ca Dept of Justice AP 676.50
235848 11
/4/2022 Capital One AP 857
.18
235849 11/4/2022 Central Sanitary Supply AP 1,895.84
235850 11/4/2022 Comcast AP 8.03
235851 11/4/2022 Copy Shipping Solutions AP 64
.15
235852 11/4/2022 CPS AP 1,322.50
235853 11/4/2022 CSG Consultants Inc. AP 12,353.75
235854 11/4/2022 CSMFO AP 50
.00
235855 11/4/2022 D & D Pest Control AP 177
.00
235856 11/4/2022 Dos Palos Publishing Company AP 315.00 235857 11/4
/2022 Electric Drives Inc AP 1,706
.85
235858 11/4/2022 Employee Relations, Inc. AP 50.00
235859 11/4/2022 Fanner Brothers Coffee AP 64.44
235860 11/4
/2022 Foster Bros Security Systems Inc. AP 842
.92
235861 11/4
/2022 Gary's Rent A Can, Inc. AP 5.00
235862 11/4/2022 Gator Guard Environ Products Inc. AP 494 .00
235863 11/4/2022 Hach Company AP 1,445
.80
235864 11/4/2022 Jerry Witt AP 2,389
.00
235865 11/4/2022 Phil Jacob AP 750.00
235866 11/4/2022 Jerry's Trenching Service, Inc. AP 907.70 235867 11
/4/2022 Brent Kuhn AP 31,915
.99
235868 11/4/2022 TimJLaw AP 3,200
.00
235869 11/4/2022 Steve Macillas AP 105
.00
235870 11/4/2022 Meridian Utility Equipment Sales, Inc AP 20,947 .19
235871 11/4/2022 Modesto Janitorial Supply Center, Inc. AP 108.97 235872 11/4/2022 NDN International LLC AP 916.76
235873 11/4
/2022 The Office City AP 634.56
235874 11/4/2022 OSE AP 145.16
235875 11/4/2022 PG&E Company AP 166,800
.65
235876 11/4/2022 PSG Fencing Corp. AP 800.00
235877 11
/4/2022 Provost and Pritchard Engineering, Inc. AP 11,448 .60
235878 11/4/2022 Jeremy Rahn AP 655.49
235879 11
/4/2022 Isabel Reid AP 300
.00
235880 11/4/2022 Save Mart Supermarkets AP 99
.53
235881 11/4/2022 Michael Bartholomew AP 1,285
.22
235882 11/4/2022 Sherwin Williams Co AP 632.81
235883 11/4
/2022 Sorensens True Value AP 870
.43
235884 11/4/2022 Superior Pool Products, LLC AP 4,138
.31
235885 11/4
/2022 Terryberry Company LLC AP 207.92
235886 11/4
/2022 Thirkettle Corporation AP 5,959
.50
235887 11/4/2022 Triangle Rock Products AP 588
.03
235888 11/4
/2022 TruckVault Inc. AP 247
.14
235889 11
/4/2022 Turlock Spay Neuter Clinic LLC AP 450.00
235890 11/4/2022 Unique Glass AP 284.15
235891 11/4/2022 United Rentals (North America), Inc. AP 864 .56
235892 11/4/2022 Home Sweet Home Property Management Co. AP 98.60 235893 11/4/2022 Sabrina Melendrez Alvarado AP 67
.25
235894 11/4/2022 Fanny Jimenez AP 39.72
235895 11
/4/2022 Son Nguyen AP 98.60
235896 11/4/2022 Blanca Vazquez Nunez AP 62
.62
235897 11/4/2022 Abraham & Rachel Calderon AP 164.02
235898 11/4/2022 Bianca Azure AP 16.82
235899 11/4/2022 Meritage Homes AP 178.65
235900 11/4/2022 Westhill Property Mgmt AP 131.32
11 235901 11/4/2022 Daniel Serrano AP 75.70
235902 11/4/2022 Suzette Brenner AP 160.75
235903 11/4/2022 Ayrne Rosales AP 105.14
235904 I 1/4/2022 Helga Cabral AP 62.62
235905 11/4/2022 Meritage Homes AP 181.81
235906 11/4/2022 Sunshine Investments AP 75.70
235907 11/4/2022 Christopher Benavidez AP 65.89
235908 11/4/2022 Diana Lechuga AP 95.61
235909 11/4/2022 Meritage Homes AP 182.61
235910 11/4/2022 Roxana Herrera AP 37.00
235911 11/4/2022 Young's Air Conditioning AP 662.68
235912 11/4/2022 Youth Evolution Activites AP 1,267.50
235913 11/4/2022 Alhambra AP 250.15
235914 11/4/2022 Sara Blevins AP 345.00
235915 11/4/2022 CSG Consultants Inc. AP 94,984.34
235916 11/4/2022 City of Los Banos ** AP 114,576.66
235917 11/4/2022 Dustin Daguerre AP 429.43
235918 11/4/2022 Dept of Housing & Community Development State NSP AP 12,636.00 235919 11/4/2022 Merced County Auditor Controller AP 570.00 235920 11/4/2022 Miguel A Morales AP 3,100.00
235921 11/4/2022 Gerald "Obie" O'Brien AP 77.14
235922 11/4/2022 State Water Resources Control Board AP 60.00 235923 11/4/2022 Law Offices of William A Vaughn AP 28,375.50 235924 11/4/2022 Gregory Wellman AP 52.20
235925 11/4/2022 Aflac-Customer Service AP 270.18
235926 11/4/2022 AFSCME District Council 57 AP 1,329.22 235927 11/4/2022 Los Banos Police Assn AP 875.00
235928 11/4/2022 Los Banos Police Assn AP 245.00
235929 11/4/2022 MassMutual AP 1,329.67
235930 11/4/2022 MassMutual AP 1,690.00
235931 11/4/2022 Mission Square AP 6,740.15
235932 11/4/2022 Nationwide Retirement Solutions AP 3,935.00 235933 11/4/2022 Professional Fire Fighter AP 900.00
235934 11/4/2022 State Disbursement Unit AP 937.50
Break in check sequence due to the following: Total Void Check Count: 0 Check# 235824 - # 235830 (Payroll) Total Void Check Amount:
Total Valid Check Count: 186
Total Valid Check Amount: 1,337,108.25
Total Check Count: 186
Total Check Amount: 1,337,108.25
12 LOsBanos
Agenda Staff Report
TO: Mayor Pro Tern & City Council Members
FROM:
DATE:
Kim Tomas, City Treasurer/Accounting & Budget Supervisor(@ November 16, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: First Quarter Investment Report for 2022/2023
Recommendation:
To accept the quarterly investment report as submitted.
Background:
The City of Los Banos follows its Investment policy to assure that it invests all surplus inactive monies in a manner which ensures a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner. It includes all investments except funds held by the City's trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.
Fiscal Impact:
Informational only, no fiscal impact.
Brent Kuhn, Interim Finance Director
Attachments:
City of Los Banos First Quarter 2022/2023 Investment Report 13 THIS PAGE IS INTENTIONALLY LEFT BLANK
14 LOsBanos
At the Crossroads of California
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:
Investment Balances
As of Seetember 30, 2022
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF (Local Agency State of Daily $50,556,212 1.63%
Investment Fund) California effective yield
Bonds, Treasury Money
Market Funds and CD's Wells Fargo Staggered $83,022,085 2.42% (Certificate of Deposits) Securities 5 years simple yield Investment Balance: $133,578,297
1. As of the date of this report, the majority of the City of Los Banos funds are invested in the State of California Local Agency Investment Fund (LAIF), in accordance with section 16429.1 of the Governmental Code.
2. As of the date of this report, the remainder of the City of Los Banos' funds are deposited in Corporate Bonds, and various FDIC insured Certificates of Deposits held with Wells Fargo Securities, LLC.
Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.
3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos' Investment Policy.
4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.
5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund
P.O. Box 942809
LAIF Regular Monthly Statement
October 31, 2022
Sacramento, CA 94209-0001 LAIFHome
(916) 653-3001 PMIA Average Monthl.Y. Yields
CITY OF LOS BANOS
CITY TREASURER
5201 STREET
LOS BANOS, CA 93635
Account Number: 98-24-490
September 2022 Statement
Effective Transaction ;:
Date Date
Confirm
Number
9/8/2022 9/7/2022 RW 1712924
Account Summan
Web
Confirm
Number
NIA
Tran IY.P-e Definitions
Authorized Caller
KIM TOMAS
Total Deposit:
Total Withdrawal:
0.00 Beginning Balance:
-16,000,000.00 Ending Balance:
https://laifms.treasurer.ca.gov/RegularStatement.aspx
Amount
-16,000,000.00
66,556,211.53
50,556,211.53
1/1
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 PMIA/LAIF Performance Report
as of 10/14/22
PMIA Average Monthly
Effective Yields<1)
Quarterly Performance
Quarter Ended 09/30/22
September
August
July
1.513
1.276
1.090
LAIF Apportionment Rate(21:
LAIF Earnings Ratiol21:
LAIF Fair Value Factor(11 :
PMIA Daily111 :
PMIA Quarter to Date111:
PMIA Average Life111 :
Pooled Money Investment Account
Monthly Portfolio Composition <
1)
09/30/22
Certificates of
Deposit/Bank Notes
6.44%
Agencies
19.79%
$222.9 billion
Corporate
Commercial Bonds
Paper 0.22%
4.59%
Treasuries
66.59%
1.35 0.00003699565555327
0.980760962
1.63%
1.29%
304
Chart does not include $3,917,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Daily rates are now available here. View PMIA Daily Rates Notes: The apportionment rate includes interest earned on the Cal PERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(l} and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
1 1> State of California, Office of the Treasurer
1 2> State of Calfiornia, Office of the Controller
19 THIS PAGE IS INTENTIONALLY LEFT BLANK
20 -~
-
Wells Fargo Bank, N;A.
45 FREMONT ST
FLOOR34
SAN FRANCISCO, CA 94105-2204
WILLIAMS/LEWIS
1-415-644-9152
2 1005347 OO!MI 10117 UN#37947S7-00004131 7-48834l001 '3890 1QI04/22: P ' ! . I
Combined Summary
Brokerage Account and Bank Account
Statement Period
09/01/2022 - 09/30/2022
CITY OF LOS BANOS Account Number
Total Account Value Summary -us Dollar (USD) This summary does not reflect the JO"'=ili=:=C""''=='---=--------------------=----"Si'!------value of unpriced securities. Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.
Cash $ 0.00 $ o.oo 0%
Money Market Mutual Funds 42,989,630.57 83,022,085.42 100% Bonds 0.00 0.00 0%
Stocks o.oo 0.00 0%
Total Account Value S 42,989,630.57 $ 83,022,085.42 100% Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
$ 40,032,454.85
93%
Value Last Year-End $ 12,947,209.70
Percent Increase Since Last Year-End 541 %
.... Includes amortized Par value of municipal leases and notes.
Total Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Total Interest Charged uso
Descriplion
Debit Interest For September 2022
$
$
This Period
0.00 $
0.00 32,454.85
0.00 32,454.85 $
Total Interest Charged $
Total Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
$
Year-To-Date
29,216.69
0.00 67,724.86
0.00 96,941.55
This Period
0.00 0.00
Amount
42,989,630.57
40,000,000.00
0.00 32,454.85
0.00 83,022,085.42
' •I· I ill 'a • -"- I I I I I I
21 '-·
Wells Fargo Securities, LLC
45 FREMONT ST
FLOOR34
SAN FRANCISCO, CA 94105-2204
WILLIAMS/LEWIS
1-415-644-9152
:123 1005347 000910117 UNf'3'794757-00004131 '4888-GOOt Z3890 10/04/22 P Brokerage Account Statement
Wells Fargo Securities, LLC
Statement Period
09/01/2022 - 09/30/2022
CITY OF LOS BANOS . Account Number
Account Value Summary uso This summary does not reflect the _ • value of unpriced securities.
Amount Last Amount This % Repurchase agreements are retlectacf Statement Period Statement Period Portfolio at par value.
Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 0.00 0.00 0%
Bonds 0.00 0.00 0%
Stocks 0.00 o.oo 0%
Total Account Value $ 0.00 $ 0.00 0%
Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For September 2022
$
$
$
$
This Period
0.00 $
0.00 0.00
0.00 0.00 $
Total Interest Charged $
Money Market Mutual Funds Summary uso
Description
Opening Balance $
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance $
0.00 N/A
0.00 NIA
Year-To-Date
0.00 0.00
0.00 0.00
0.00 This Period
0.00 0.00
Amount
0.00 0.00
0.00 0.00
0.00 0.00
I I I I I I
22 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ('WFS"), broker dealer 0250. Statements are provided monthly for accounts with transactions and/or security positions. The account statement contains a list of securities held in safekeeping by WFS as ol the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other activities relating to the account during the statement period.
For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ("Bank'}, this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, ii applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.
Pricing; Security and brokered certificate of deposit ("CD") prices shown on the statement are obtained from independent vendors or internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. For exchange-fisted securities, the price provided is the closing price at month end. For unlisted securities, it Is the "bid" price at month end. The price of CDs that mature in one year or less are shown at last price traded. The price of CDs that mature in greater than one year and of other instruments that trade Infrequently are estimated using similar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.
Brokered CD Pricing: Like bonds, brokered CDs are subject to price fluctuation and the value of a CD, if sold prior to maturity, may be less than at the time of its purchase. Significant loss of principal could result.
While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that it does not underwrite may be very limited.
In those cases, WFS will use its best efforts to help investors find a buyer.
SIPC: WFS is a member of the Securities Investor Protection Corporation ("SIPC"). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss, but not investment risk, up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. SIPC protection does not provide any protection whatsoever against investment risk, including the loss of principal on an investment. This coverage does not apply to securities held in safekeeping by the Bank. Additional information about SIPC, including a SIPC brochure, may be obtained by visiting www.sipc.org or by calling SIPC at 1-202-371-8300.
FINRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA). Under its BrokerCheck program, FINAA provides certain information regarding the disciplinary history of broker/dealers and their associated persons. Information can be obtained from the FINRA BrokerCheck program hotline number (1-800-289-9999) or the FINRA website (www.finra.org). A brochure describing the FINAA BrokerCheck program will be fum1Shed upon written request.
Free Credit Balances; Any customer free credit balances may be used in the business of WFS subject to limitation of 17 CFR Section 240 § 15c(3)·3 under the Securities Exchange Act of 1934. In the course of normal business operations, a customer has the light to receive delivery of the following: any free credit balances to which he or she is entitled, any fUlly paid securities to which he or she is entitled, and any securities purchased on margin upon full payment of indebtedness to WFS.
Equity Order Routing: WFS will generally route equity and listed options orders taking into consideration among other factors, the quality and speed ol execution, as well as the credits, cash or other payments it may receive from any exchange, broker-dealer or market center. This may not be true if a customer has directed or placed limits on any orders. Whenever possible, WFS will route orders in an attempt to obtain executions at prices equal or superior to the nationally displayed best bid or offer. WFS will also attempt to obtain the best execution regardless of any compensation it may receive. The nature and source of credits and paymentsWFS receives in connection with specific orders will be furnished to a customer upon request. WFS prepares quarterly reports describing its order routing practices tor non-directed orders routed to a particular venue for execution. A printed copy of this report along with other compliance and regulatory information is available upon written request or by visiting: https://www.weflsfargo.com/com/securities/regulatory.
Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at:
www.wellsfarqo.com/com/securitles/regulatory.
Equity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel an open order may result in the transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initiative.
Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional information regarding transactions of this nature wi II be furnished to a customer upon written request.
Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.
Non-deposit investment products recommended, offered or sold by WFS, including mutual funds, are not federally Insured or guaranteed by or obligations of the Federal Deposit Insurance Corporation ("FDIC"), the Federal Reserve System or any other agency; are not bank deposits; are not obligatlons of, or endorsed or guaranteed In any WWI/ by any bank or WFS; and are subject to risk, including the possible loss of principal, that mWoJ cause the value of the Investment and Investment return to fluctuate.
When the investment is sold, the value may be higher or lower than the amount originally invested. WFS is a subsidiary of Wells Fargo & Company, is not a bank or thrift, and Is separate from any other affiliated bank or thrttt. WFS is a registered broker-dealer and member of FINRA. No affiliate of WFS Is responsible for the securities sold by WFS.
Mutual Funds: The distributor of Wells Fargo Funds is affiliated with WFS/Wells Fargo Securities, LLC.
Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ('NAV") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Additionally, Institutional Prime and Institutional Tax Exempt funds may be subject to redemption fees and/or gates that can affect the availability of funds invested.
Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and other matters of interest.
Investors should read the prospectus carefully before investing.
Financial Statements: WFS financial statements are available upon request.
Trade Confirmations: Investment purchases and sales are subject to the terms and conditions stated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation wm govern.
Listed Options: Commissions and other charges related to the execution of listed option transactions have been included in confirmations of such transactions that have been previously furnished and are available upon request. Promptly advise your WFS sales representative of any material change in your investment objectives or financial situation.
Customer Complaints and Reporting Discrepancies: Customer complaints, statement reporting inaccuracies or discrepancies should be promptly reported in writing to:
Customer Se!Vice
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
wtscustomerservice@ wellsfargo.com
Customers may also report complaints, inaccuracies or discrepancies by calling 1-800-645-3751 option 5. To further protect their rights, including rights under lhe Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating lo the Inaccuracies or discrepancies.
Wells Fargo Bank, N.A. Institutional Deposit; Funds invested in the Institutional Deposit are on deposit at Wells Fargo Bank, N.A. and balances are insured by the Federal Deposit Insurance Corporation ("FDIC") up to the full amount allowable by law. Institutional Deposit balances are not insured by the Securities Investor Protection Corporation ('SIPC"). For further details, see the Institutional Deposit Product Description.
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 \
Wells Fargo Bank, N.A.
45 FREMONT ST
FLOOR34
SAN FRANCISCO, CA 94105-2204
WILLIAMS/LEWIS
1-415-644-9152
'024 1®5J47 0009 10117 UfU3794757~'t31 7d8BIMI001 2319tl 10,f04/22 JI Bank Account Statement
Wells Fargo Bank, N.A.
·Page 1 of 3
Statement Period
09/01/2022 - 09/30/2022
riTv ()F LOS BANOS Account Number
Account Value Summary uso This summary does not reflect the ,s • •••MA D«BMkl£.a£«&1l!!tttru:aszEa&:t3ii&IJm:a!lK!fai5 value of unpriced securities.
Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.
Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 42,989,630.57 83,022,085.42 100% Bonds 0.00 0.00 0%
Stocks 0.00 o.oo 0%
Total Account Value $ 42,989,630.57 $ 83,022,085.42 100% Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
$ 40,032,454.85
93%
Value Last Year-End
Percent Increase Since Last Year-End
$ 12,947,209.70
541%
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For September 2022
$
$
This Period
0.00 $
0.00 32,454.85
0.00 32,454.85 $
Total Interest Charged $
Money Market Mutual Funds Summary uso
Descriplion
Opening Balance $
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance $
RiE!fafiiiiii.E
Year-To-Date
29,216.69
0.00 67,724.86
0.00 96,941.55
This Period
0.00 0.00
Amount
42,989,630.57
40,000,000.00
0.00 32,454.85
0.00 83,022~085.42
I I I I I I I
25 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ("WFS"), broker dealer 0250. Statements are provided monthly for accounts with transactiOns and/or security positions. The account statement contains a list of securities held in safekeeping by WFS as of the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other activities relating to the account during the statement period.
For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ("Bank"), this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, if applicable, contains a list of securities held In safekeeping by the Bank as of the statement date.
Pricing: Security and brokered certificate of deposit ("CO") prices shown on the statement are obtained from independent vendors or internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. For exchange-listed securities, the price provided is the closing price at month end. For unlisted securities, it is the 'bid" price at month end. The price of CDs that mature in one year or less are shown at last price traded. The price of CDs that mature in greater than one year and of other instruments that trade infrequently are estimated using similar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.
Brokered CD Pricing: Like bonds, brokered CDs are subject to price fluctuation and the value of a CD, if sold prior to maturity, may be less than at the time of its purchase. Significant loss of principal could result.
While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that it does not underwrite may be very limited.
In those cases, WFS will use its best efforts to help investors find a buyer.
SIPC: WFS is a member of the Securities Investor Protection Corporation ('SIPC'). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss, but not investment risk, up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. SIPC protection does not provide any protection whatsoever against investment risk, including the loss of principal on an investment. This coverage does not apply to securities held in safekeeping by the Bank. Additional information about SIPC, including a SIPC brochure, may be obtained by visiting www.sipc.org or by calling SIPC at 1-202-371-8300.
FINRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA). Under its BrokerCheck program, FINRA provides certain information regarding the disciplinary history of broker/dealers and their associated persons: Information can be obtained from the FINRA BrokerGheck program hotline number (1-800-289-9999) or the FINRA website (www.finra.org). A brochure describing the FINRA BrokerCheck program w,11 be furnished upon written request.
Free Credit Balances; Any customer tree credit balances may be used in the business of WFS subject to limitation of 17 CFR Section 240 § 15c(3)-3 under the Securities Exchange Act of 1934. In the course of normal business operations, a customer has the right to receive delivery of the following: any free credit balances to which he or she is entitled, any fully paid securities to which he or she is entitled, and any securities purchased on margin upon full payment of Indebtedness to WFS.
Equity Order Routing: WFS will generally route equity and listed options orders taking into consideration among other factors, the quality and speed of execution, as well as the credits, cash or other payments it may receive from any exchange, broker-dealer or market center. This may not be true if a customer has directed or placed limi1s on any orders. Whenever possible, WFS will route orders in an attempt to obtain executions at prices equal or superior to the nationally displayed best bid or offer. WFS will also attempt to obtain the best execution regardless of any compensation it may receive. The nature and source of credits and payments WFS receives In connection with specific orders will be furnished to a customer upon request. WFS prepares quarterly reports descnbing its order routing practices for non-directed orders routed to a particular venue for execution. A printed copy of this report along with other compliance and regulatory information is available upon written request or by visiting: https://www.wellsfargo.com/com/securities/regulatory.
Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at:
www .wellsfargo.com/com/securities/regulatory.
Equity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel ari open order may result in the transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initiative.
Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional information regarding transactions of this nature will be furnished to a customer upon written request.
Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.
Non-deposit investment products recommended, offered or sold by WFS, including mutual funds, are not federally insured or guaranteed by or obligations of the Federal Deposit Insurance Corporation ("FDIC"), the Federal Reserve System or any other agency; are not bank deposits; are not obligations of, or endorsed or guaranteed in any way by any bank or WFS; and are subject to risk, including the possible loss of principal, that may cause the value of the investment and Investment return to fluctuate.
When the investment Is sold, the value may be higher or lower than the amount originally Invested. WFS is a subsidiary of Wells Fargo & Company, is not a bank or thrift, and is separate from any other affiliated bank or thrift. WFS Is a registered broker-dealer and member of FINRA. No affiliate of WFS Is responsible for the securities sold by WFS.
Mutual Funds: The distributor of Wells Fargo Funds is affiliated with WFS/Wells Fargo Securities, LLC.
Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ('NAV") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Additionally, Institutional Prime and Institutional Tax Exempt funds may be subject to redemption fees and/or gates that can affect the availability of funds invested.
Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and other matters of interest.
Investors should read the prospectus carefully before investing.
Financial Statements: WFS financial statements are available upon request.
Trade Confirmations: Investment purchases and sales are subject to the terms and conditions stated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation wm govem.
Listed Options: Commissions and other charges related to the execution of listed option transactions have been included in confirmations of such·transactions that have been previously furnished and are available upon request. Promptly advise your WFS sales representative of any material change in your investment objectives or financial situation.
Customer Complaints and Reporting Discrepancies: Customer complaints, statement reporting inaccuracies or discrepancies should be promptly reported in writing to:
Customer Service
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
wtscustomerservlce@ wellsfargo.com
Customers may also report complaints, inaccuracies or discrepancies by calling 1-800-645-3751 option 5. To further protect their rights, including rights under the Securities investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.
Wells Fargo Bank, N.A. Institutional Deposit: Funds invested in the Institutional Deposit are on deposit at Wells Fargo Bank, N.A. and balances are insured by the Federal Deposit Insurance Corporation ('FDIC'1 up to the full amount allowable by law. Institutional Deposit balances are not Insured by the Securities Investor Protection Corporation ('SIPC'). For further details, see the Institutional Deposit Product Description.
26 t
, .....
CITY OF LOS BANOS
Account Number:
Daily Account Activity
Your investment transactions during this statement period.
Cash Activity USO
Transaction I Settlement/
Trade Date Eff. Date Activi.'¥_
09/16/22 09/16/22 ACH/DDA Transaction
Money Market Fund Activity
Goldman FS Gov Inst 465
• As of September 30, 2022
USD
Transaction
Date
09/01/22
09/16/22
Activi_!y
Beginning Balance
Reinvest
Purchase
Ending Balance
510Q5347 0000 10117UN#3794757-oooo413114fl!IIM>IJ012389010J04/22 P Descrip_tlon
DESIGNATED ODA
Shares
32,454.85000
40,000,000.00000
Dividend paid
this period
32,454.85
Price
1.0000
1.0000
7daY"
simple yield
2.930%
Market Value !ID_
42,989,630.57
40,000,000.00
83,022,085.42
·Page 3 of 3
Statement Ending: September 30, 2022
30 day*
simple yield
2.420%
Dividend Amount
32,454.85
I I I
Debit Amount I Credit Amount /
Disbursements Recet,e.ts
40,000.000.00
Share Balance
42,989,630.57000
43,022,085.42000
83,022,085.42000
83,022,085.42000
I I I
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 LOsBanos , tlicCn,s510,ul · ., 'ali_forua
Agenda Staff Report
TO: City Council
FROM: William A Vaughn, City Attorney
DATE: November 16, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing - Per AB 361
RECOMMENDATION
Approve Resolution No. ____ to allow for in person, virtual, and hybrid public meetings.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
BACKGROUND
On June 1, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to AB361. At that meeting the city council approved Resolution No. 6494 to allow for flexibility to meet in person or virtually in response to COVID 19 changing conditions. Pursuant to AB361 the Resolution must be considered by the city council and the required findings must be made every thirty (30) days thereafter or it will expire. 29 DISCUSSION
California's Ralph M. Brown Act was amended to allow fully virtual public meetings during a state of emergency after the Governor signed Assembly Bill 361 into law on September 16, 2021. AB 361 provides that it will sunset on January 1, 2024.
AB 361 amends Section 54953 of the Brown Act to allow virtual public meetings through January 1, 2024 in any of the following circumstances:
1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The Governor's state of emergency remains, and the Cal OSHA Regulations related to social distancing remain in place. On October 17, 2022, Governor Gavin Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. This will significantly impact the ability for the City to continue to meet under the authorization and procedures established by AB 361 before it sunsets at the end of 2023. Absent a change in the Governor's plans, at that point.
COVID-19 will no longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361.
Virtual meetings are currently allowed under AB 361 because state and local officials are continuing to recommend measures to promote social distancing. In the case of the pandemic, the requisite standards for holding virtual meetings are low. The City Council would only have to find that any state or local official is recommending measures to promote social distancing. Under the plain language of the statute, there does not have to be an order requiring social distancing, and the recommendation only needs to come from a state or local official. Nothing in the bill requires that the recommendation be a formal recommendation of a local health officer or in any sort of formal guideline.
The proposed resolution provides the City Council with the flexibility to allow its commissions and committees to host virtual meetings, while still maintain the City Council's jurisdiction to require in-person meetings as warranted. 30 AB 361 allows the use of fully virtual meetings under the foregoing conditions, but it does not prohibit hybrid meetings. By adopting the proposed resolution, and continuing to renew it as conditions warrant, the City Council and any subordinate boards are not precluded from holding meetings that have some traditional components and some virtual or telephonic components. The City Council (and other City boards) may hold meetings where some members join in the Council Chambers and some members join virtually. The City Council may also continue to allow both live and virtual public comments, together with reduced capacity in the Chambers as conditions warrant. For any hybrid meetings, AB 361 requires that members of the public be able to make live public comments directly to the Council or other board using telephonic or electronic means and that the agenda identify the means for making public comments.
As noted above, by adopting the proposed Resolution, the City Council is not prohibited from conducting in-person meetings. The Resolution is intended to provide the option to utilize the AB 361 procedures in lieu of the Brown Act's standard teleconferencing requirements. At future City Council meetings, a consent calendar item will be placed on each agenda to reconsider and potentially renew the Resolution.
FISCAL IMPACT
None.
CONCLUSION
Based upon the existing state of emergency and state officials recommendations to socially distance, the-City of Los Banos has the ability to continue to meet remotely should if it so choose, assuming the City adopts the proposed resolution making the required findings. The proposed resolution does not require the City of Los Banos to hold meetings via remote teleconferencing and the City Council can continue to meet in person for the time being but allows flexibility to return to remote teleconferencing in response to changing COVID -19 circumstances.
Reviewed by:
llman,
y Manager
J
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 RESOLUTION NO. ---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, all meetings of the City of Los Banos' legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, on September 16, 2021 Governor Gavin Newsom signed into law AB 361, extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic; and WHEREAS, in light of the on-going pandemic, AB 361 amends the Brown Act (specifically Government Code section 54953) and gives public agencies the option to continue meeting virtually under certain circumstances; and WHEREAS, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the City Council previously adopted a Resolution 6405, on October 6, 2021, finding that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City of Los Banos, and the City Council has done so; and WHEREAS, such conditions continue to exist in the City of Los Banos; and 33 WHEREAS, Governor Gavin Newsom declared a statewide emergency over the COVID-19 pandemic on March 4, 2020; and
WHEREAS, on June 17, 2021, Cal/OSHA issued new emergency temporary standards (ETS) on COVID-19 infection prevention for the workplace (subsequently revised on December 16, 2021 ). The regulations require all individuals at City worksites to abide by certain rules, including wearing face coverings and socially distancing; and WHEREAS, on November 10, 2021, Governor Gavin Newsom signed Executive Order N-21-21 which extended through March 31, 2022, the state of emergency in California related to the threat of COVID-19; and
WHEREAS, on January 5, 2022 as mitigation for the Omicron variant, the California Department of Public Health (CDPH) extended the requirement that masks to be worn by all employees in all indoor public settings, irrespective of vaccine status, through February 15, 2022; and
WHEREAS, on February 7, 2022 the CDPH announced that effective February 16, 2022: universal masking shall remain required in only specified settings; and only unvaccinated persons are required to mask in all indoor public settings; and fully vaccinated individuals are recommended to continue indoor masking when the risk may be high; and
WHEREAS, on February 28, 2022 Governor Newsom issued Executive Order N5-22, which suspends part of the Cal/OSHA Temporary Emergency Standards.
Specifically, effective March 1, 2022, unvaccinated employees are no longer required to wear a face covering in most California workplaces. Notably, however, the universal indoor mask mandate remains in place for certain high-risk settings, such as healthcare and congregate settings; and
WHEREAS, as a consequence of the declared statewide emergency; the guidance and orders of the State Public Health Officer; and the Cal/OSHA temporary standards (ETS) on COVID-19 infection prevention for the workplace, the Los Banos City Council does hereby find that the legislative bodies of the City of Los Banos may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.
WHEREAS, in light of the foregoing, the City Council of the City of Los Banos desires to have the flexibility to meet in person or by remote teleconferencing pursuant to Government Code section 54953(e) as changing COVID-19 circumstances may dictate.
NOW THEREFORE, the CITY COUNCIL OF THE CITY OF LOS BANOS, DOES HEREBY RESOLVE, DECLARE, DETERMINE and ORDER AS FOLLOWS:
34 Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation. The City Council hereby finds that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953.
Section 3. Remote Teleconference Meetings. This Resolution does not prevent or prohibit the City Council or any commission, committee or other Brown Act body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other Brown Act bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from adoption, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City of Los Banos may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member _____ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
ATTEST:
Lucille L. Mallonee, City Clerk
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor Pro Tern & City Council Members
Lucy Mallonee, MMC S)w\
City Clerk/Human Resources Director
November 16, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Closure of Non-Essential City Offices
Recommendation:
Approve closure of non-essential City offices on Friday, December 23, 2022 and Friday, December 30, 2022.
Background:
City policy provides a paid holiday to City employees for Christmas Day and New Year's Day. With Christmas Day and New Years Day falling on a Sunday and the holidays being observed on the Monday after each holiday, it is reasonably certain that the preceding Fridays will be exceptionally slow business days. Thus, it provides a great opportunity to close all non-essential functions in an effort to realize associated employee and energy cost savings.
Discussion:
Under this scenario, all offices located at 520 J Street, 411 Madison Avenue, 645 7th Street, and 1015 F Street would be closed on Monday, December 27, 2021 and Monday, January 3, 2022. All non-essential functions outside of these offices (Police and Fire) would also be closed and departments may reduce staffing in other areas that are necessary for the provision of essential services.
37 Employees affected by the closures may utilize accrued leave balances such as Vacation and Compensatory Time Off (CTO), which is accrued by overtime-eligible employees in lieu of accepting actual cash payment for overtime. As a result, the City may realize additional cost savings by reducing the long-term liability associated with these accrued leaves.
Fiscal Impact:
The City will realize cost savings through reduced energy usage on the business closure days and reduce the unfunded liability associated with the accrued leave balance .
tGreg W may. Interim City Manager
Attachmeni:
Resolution
38 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING CLOSURE
OF NON-ESSENTIAL CITY OFFICES ON FRIDAY,
DECEMBER 23, 2022 AND FRIDAY, DECEMBER
30,2022
WHEREAS, the Interim City Manager has approved staff's recommendation to close non-essential City offices on Friday, December 23, 2022 and Friday, December 30, 2022 allowing employees to utilize accrued leave balances such as Vacation or Compensatory Time Off (CTO).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the closure of all non-essential City offices on Friday, December 23, 2022 and Friday, December 30, 2022.
BE IT FURTHER RESOLVED that employees may utilize accrued leave balances such as Vacation or Compensatory Time Off (CTO).
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member who moved its adoption, which motion was duly seconded by Council Member - - and the Resolution adopted by the following vote:
AYES: Council Members
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
39 THIS PAGE IS INTENTIONALLY LEFT BLANK
40 TO:
FROM:
DATE:
Cif:)i .of Los Banos
At Liu~ Crossroads <!f Culifoniia
Agenda Staff Report
Mayor Pro Tem & City Council Members
Soknirom Than, Pubffc Works Direclor/Clty Engin~ /L___
November 16, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Amendment No. 11 to Landscape Maintenance Services Contract between the City of Los Banos and Ronnys Inc.
Recommendation:
That the City Council adopts the Resolution authorizing the Interim City Manager to execute Amendment No. 11 to the Landscape Maintenance SeNices Contract between the City of Los Banos and Ronnys Inc. to extend the contract term commencing on December 1, 2022 and terminating March 30, 2023.
Background:
The City of Los Banos is currently in a Landscape Maintenance contract for Parks, Streetscapes, and Planters with Ronny's Inc, which commenced on October 2, 2014.
This amendment is the eleventh amendment to the contract between the City of Los Banos and Ronny's Inc. This amendment would be the fourth extensions to the contract. During the term of the contract and any extensions, the City may accept new parks, streetscapes and planters that are not covered in the original Fee Schedule.
Compensation for additional locations wi11 be based on pro rata amount of square footage.
Discussion:
The eleventh amendment to the Landscape Maintenance contract between the City of Los Banos and Ronny's Inc. has been prepared by the City Attorney of the City of Los Banos for the Council's review and adoption, if so deemed. Staff has advertised a new Request for Proposals (RFP) for the City-Wide Landscape Maintenance on August 1, 2022. The proposals were due on August 31, 2022. Per Council direction on November 2, 2022, it was determined that additional time is needed to re-advertise a new RFP with limited scopes and costs to be in line with the General Fund and the Landscape and Lighting District Funds.
41 Prior to the expiration of the contract on March 30, 2023, City staff will initiate the procurement process for a new Landscape Maintenance Services contract. Following the selection of a landscape maintenance company, a new contract will be reviewed by the City Council for approval.
Fiscal Impact:
There is no additional fiscal impact for the contract extension. Ronny's Inc. has waived their right to a Consumer Price Index (CPI) increase for the extension period. ~ i./ ~s 6:r-- Attachments: _
Resolution Al" a,,,1.1.,.A,,; .,,_ ~,1 r---
Amehdment No. 11 to the Contract fl!!f,,.,-
42 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE
INTERIM CITY MANAGER TO ENTER INTO THE
ELEVENTH AMENDMENT TO LANDSCAPE
MAINTENANCE CONTRACT BETWEEN THE
CITY OF LOS BANOS AND RONNYS INC.
WHEREAS, the City of Los Banos is entering into the Eleventh Amendment to the contract for Landscape Maintenance Services with Ronnys Inc; and WHEREAS, the term of the Eleventh Amendment shall be effective upon execution of the parties to this contract; and
WHEREAS, said Eleventh Amendment to the contract, as presented, has been prepared by the City Attorney of the City of Los Banos; and WHEREAS, all the terms and conditions of the contract remain in full effect except as expressly amended by the Eleventh Amendment to the contract; and WHEREAS, the City Council of the City of Los Banos designates the Interim City Manager to sign and execute the Eleventh Amendment to the contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Eleventh Amendment to the Contract between the City of Los Banos and Ronnys Inc., and the designation of the Interim City Manager to sign and execute the Eleventh Amendment to the contract as presented.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 AMENDMENT N0.11
CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES
[RONNYS INC.]
THIS AMENDMENT NO. 11 TO LANDSCAPE MAINTENANCE CONTRACT, is made and entered into by and between the CITY OF LOS BANOS, a California Municipal corporation, herein referred to as "City", and RONNYS INC., a California corporation, whose address is 1251 Badger Flat Road, Los Banos, California 93635, herein referred to as "Contractor".
RECITALS
WHEREAS, City and Contractor entered into a Landscape Maintenance Contract, dated October 2, 2014 "Contract " wherein Contractor agreed to perform specified city wide landscaping and maintenance services in accordance with the terms of said Contract; WHEREAS, the extended term of the Contract terminates November 30, 2022; and WHEREAS, the parties wish to extend the term of the Contract for an additional four months to allow for time to award a new contract.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TERM.
Section 1.02 of the Contract is amended to extend the term of the Contract for an additional four months commencing December 1, 2022 and terminating March 30, 2023.
2. INTEGRATION/EFFECTNE DATE.
Except as expressly amended, all other terms and conditions of the Contract and all prior amendments shall remain in full force and effect. This Amendment No. 11 shall be effective upon execution of the parties to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 11 to be executed and attested by their respective officers hereunto duly authorized. 45 Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
RONNYS INC. a California corporation
by: RONNY NAVARRO, CEO
CITY OF LOS BANOS, a California
corporation
46 TO:
FROM:
DATE:
LOsBanos , ( llu· ( 105S10£Uls o/ c.,,,um Ilia
Agenda Staff Report
Mayor Pro Tern & City Council Members
Lucy Mallonee, MMC ~ City Clerk/Human Resources Director November 16, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of a Side Letter Agreement between the City of Los Banos and the Public Employees' Union Local One/AFSCME (Public Works Unit) [LBPW]
Recommendation:
Adopt the Resolution approving the Side Letter Agreement between the City of Los Banos and the LBPW.
Discussion:
The City is experiencing ongoing recruitment and retention challenges for employees, resulting in numerous vacancies and a sparse pool of qualified applicants, and has determined that the loss of qualified City employees and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace. The Public Works Department would benefit considerably from the recruitment of lateral candidates and retention of experienced to ensure critical services of the City.
The City and the LBPW agree to modify the salary section the current Memorandum of Understanding (July 1, 2021 through June 30, 2024) as follows:
47 • Effective the first full pay period following City Council approval of this side letter, the salary schedule for Public Works represented employees will be increased by an equity adjustment of ten percent (10%).
• Effective as soon as administratively feasible following approval of the side letter in 2022, the City will provide a lump sum payment of two thousand five hundred dollars ($2,500) for every full time employee in the bargaining unit as nondiscretionary incentive to ratify this side letter agreement. • In addition to what is stated below, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of six hundred dollars ($600).
Fiscal Impact:
There is an estimated increase of $301,609 to salaries & benefits over the term of the agreement. Staff will continue to further analyze the fiscal impact and prepare a budget adjustment at a later date, if needed.
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
48 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A SIDE
LETTER AGREEMENT / MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITY
OF LOS BANOS AND THE PUBLIC EMPLOYEES'
UNION LOCAL ONE/AFSCME (PUBLIC WORKS
UNIT) REGARDING MID-CONTRACT SALARY
CHANGES & ESSENTIAL WORKER PAYMENTS
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Side Letter Agreement to the current Memorandum of Understanding by and between the City of Los Banos and the Public Employees' Union Local One/AFSCME (Public Works Unit) [LBPW] Regarding Mid-Contract Salary Changes and Essential Worker Payments; and
WHEREAS, the current Memorandum of Understanding will remain in effect from December 1, 2021 to June 30, 2024; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of November 16, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the LBPW is hereby modified as submitted as "Exhibit A" respectively.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member_ who moved its adoption, which motion was duly seconded by Council Member _ and the Resolution adopted by the following vote:
A YES: Council Members
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
PUBLIC EMPLOYEES' UNION LOCAL ONE/AFSCME (PUBLIC WORKS UNIT) RE: MID-CONTRACT SALARY CHANGES
WHEREAS, the City of Los Banos ("City") and Los Banos Public Employees' Union Local One/ AFSCME Public Works Unit ("Union") (collectively "the parties") have agreed to a Memorandum of Understanding (MOU) with a term of December 1, 2021 through June 30, 2024; WHEREAS, the City has experienced ongoing recruitment and retention challenges for employees, resulting in numerous vacancies and a sparse pool of qualified applicants; WHEREAS, the City has determined that the loss of qualified City employees and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace; WHEREAS, the City's Public Works Department would benefit considerably from recruitment of lateral candidates and retention of experienced employees to ensure critical services for the City; NOW THEREFORE, in consideration of the foregoing recitals, the parties agree to modify Section VII, subsection A, entitled "Pay Rates," of the 2021-2024 MOU between the City and Association as follows:
SECTION VII - Pa~ Rates and Practices
A. Pay Rates
1. Sala[Y Ad justments
Effective July 1, 2021, the salary schedules for job classifications represented by the bargaining unit wi-U-bewere increased by two percent (2%) to reflect monthly salary ranges as follows:
EMPLOYEE CLASSIFICATION DATE STEP STEP STEP STEP STEP STEP 1 i J ~ Q §
Inspector I 7/1/2021 4.603 4.833 5,075 5.329 5,595 5,875 Maintenance Mechanic I 7/1/2021 3,244 3.406 3,576 3,755 3,943 4,140 Custodian 7/1/2021 2,597 2,727 2,863 3,006 3,156 3.314
Environmental Control Specialist Ill 7/1/2021 4,232 4.444 4.666 4.899 5,144 5,401 Environmental Control Specialist II 7/1/2021 3,712 3.897 4,092 4,297 4,512 4,738 Environmental Control Specialist I 7/1/2021 3,534 3,711 3.897 4,092 4.297 4,512 Environmental Control Specialist 7/1/2021 3,365 3,533 3,710 3,896 4,091 4,296 Trainee
Utilities Maintenance Ill 7/1/2021 3.979 4.178 4,387 4,606 4,836 5.078 Utilities Maintenance II 7/1/2021 3,617 3,798 3.988 4,187 4,396 4,616 Utilities Maintenance I 7/1/2021 3.244 3,406 3.576 3.755 3,943 4.140 Maintenance Worker Ill 7/1/2021 3,969 4.167 4,375 4,594 4.824 5,065 Maintenance Worker II 7/1/2021 3.594 3,774 3,963 4,161 4,369 4,587 Maintenance Worker I 7/1/2021 3,244 3,406 3,576 3,755 3,943 4,140 Effective July 1, 2022, the salary schedules for job classifications represented by the bargaining unit wi#--bewere increased by two percent (2%) to reflect monthly salary ranges as follows:
51 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
PUBLIC EMPLOYEES' UNION LOCAL ONE/AFSCME (PUBLIC WORKS UNIT) RE: MID-CONTRACT SALARY CHANGES
EMPLOYEE CLASSIFICATION DATE STEP STEP STEP STEP STEP
1 £ ~ 4 Q
Inspector I 7/1/2022 4,695 4,930 5,177 5,436 5,708
Maintenance Mechanic I 7/1/2022 3,309 3,474 3,648 3,830 4.022 Custodian 7/1/2022 2,649 2.781 2,920 3,066 3,219
Environmental Control Specialist Ill 711/2022 4,317 4.532 4.759 4.997 5.247 Environmental Control Specialist II 7/1/2022 3.786 3,976 4,175 4,384 4,603 Environmental Control Specialist I 7/1/2022 3,605 3,785 3.974 4,173 4.382 Environmental Control Specialist 7/1/2022 3,432 3,604 3.784 3,973 4,172 Trainee
Utilities Maintenance Ill 7/1/2022 4,059 4,262 4,475 4,699 4,934 Utilities Maintenance II 7/112022 3,689 3,874 4,068 4.271 4,485 Utilities Maintenance I 711/2022 3,309 3,474 3,648 3.830 4,022 Maintenance Worker Ill 7/112022 4.048 4,251 4,464 4.687 4.921 Maintenance Worker II 7/1/2022 3.666 3,849 4,041 4,243 4,455 Maintenance Worker I 7/112022 3,309 3,474 3,648 3,830 4,022 STEP
§
5,993
4.223
3,380
5,509
4,833
4.601
4,381
5,181
4,709
4,223
5,167
4.678
4,223
Effective the first full pay period following City Council approval of this side letter in 2022. the salary schedules for job classifications represented by the bargaining unit will be increased by ten percent ( 10% ), and the salary schedule for the Custodian classification will be brought to parity with the Public Safety Custodian , to reflect monthly salary ranges as follows:
EMPLOYEE CLASSIFICATION STEP STEP STEP STEP STEP STEP
1 £ 1 1 §_ §
Inspector I 5,165 5.423 5,694 5,979 6,278 6,592
Maintenance Mechanic I 3,640 3,822 4,013 4,214 4,425 4.646 Custodian 3,082 3,236 3.398 3,568 3,746 3.933
Environmental Control Specialist Ill 4,749 4,986 5,235 5.497 5,772 6,061 Environmental Control Specialist II 4,165 4,373 4.592 4,822 5,063 5,316 Environmental Control Specialist I 3.966 4,164 4.372 4.591 4,821 5,062 Environmental Control Specialist
Trainee 3,775 3.964 4,162 4,370 4,589 4,818
Utilities Maintenance Ill 4,465 4,688 4,922 5,168 5,426 5,697 Utilities Maintenance II 4.058 4,261 4,474 4,698 4,933 5,180 Utilities Maintenance I 3,640 3,822 4,013 4,214 4,425 4,646 Maintenance Worker Ill 4,453 4,676 4,910 5,156 5.414 5,685 Maintenance Worker II 4,033 4,235 4.447 4,669 4,902 5,147 Maintenance Worker I 3,640 3,822 4,013 4,214 4,425 4,646 Effective July 1, 2023, the salary schedules for job classifications represented by the bargaining unit will be increased by two percent (2%) to reflect monthly salary ranges as follows:
52 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
PUBLIC EMPLOYEES' UNION LOCAL ONE/AFSCME {PUBLIC WORKS UNIT) RE: MID-CONTRACT SALARY CHANGES
EMPLOYEE CLASSIFICATION DATE STEP STEP STEP STEP STEP STEP 1 2 J ~ ~ §_
Inspector I 7/112023 5,268 5,531 5,808 6,098 6,403 6,723 Maintenance Mechanic I 7/112023 3,713 3,899 4,094 4,299 4,514 4,740 Custodian 7/1/2023 3,144 3,301 3.466 3,639 3,821 4,012
Environmental Control 7/1/2023
Specialist Ill 4,844 5,086 5,340 5,607 5,887 6,181
Environmental Control 7/1/2023
Specialist II 4,248 4,460 4,683 4,917 5,163 5,421
Environmental Control 7/1/2023
Specialist I 4,045 4,247 4,459 4,682 4,916 5,162
Environmental Control 7/1/2023
Specialist Trainee 3,830 4,022 4,223 4,434 4,656 4,889
Utilities Maintenance Ill 7/1/2023 4,554 4,782 5,021 5,272 5,536 5,813 Utilities Maintenance II 7/1/2023 4,139 4,346 4,563 4,791 5,031 5,283 Utilities Maintenance I 711/2023 3,713 3,899 4,094 4,299 4,514 4,740 Maintenance Worker Ill 7/1/2023 4,542 4,769 5.007 5,257 5,520 5,796 Maintenance Worker II 7/1/2023 4,114 4,320 4,536 4,763 5,001 5,251 Maintenance Worker I 7/1/2023 3,713 3,899 4,094 4,299 4,514 4,740
2. Essential Worker Lump Sum Payments:
a. Effective blpOR City COblAGil appF01
.ial of tl=lis agFeemeRt iA 2Q~~ aAe tl=le
City's receipt of the firat feeeral stim1:1lus paymontJuly 1, 2021 , the City will provideg lump sum payments of the following amounts as nondiscretionary incentive to ratify the agFeemeAt2021 MOU:
• Employees hired before January 1, 2021 will--receiveg a lump sum payment of four thousand eight hundred dollars ($4,800). • Employees hired on or after January 1, 2021 and no later than July 1. 2021wiU receiveg a lump sum payment of two thousand four hundred dollars ($2,400).
b. Effective July 1, 2022 OF up0A tl=le City's receipt of the S0G0Ad federal stim1:1l1:1s paymeRt (whioheveF is lateF), the City wiU-provideg lump sum payments of the following amounts as non-discretionary incentive to ratify the agroemoRt2021 MOU:
• Employees hired before January 1, 2021 will--receiveg a lump sum payment of three thousand six hundred dollars ($3600).
53 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
PUBLIC EMPLOYEES' UNION LOCAL ONE/AFSCME (PUBLIC WORKS UNIT) RE: MID-CONTRACT SALARY CHANGES
• Employees hired on or after January 1, 2021 and no later than July 1, 2022--wi» receiveg_ a lump sum payment of one thousand two hundred dollars ($1,200).
c. Effective as soon as administratively feasible following approval of this side letter in 2022. the City will provide a lump sum payment of two thousand five hundred dollars ($2 ,500 ) for every full time employee in the bargaining unit as non-discretionary incentive to ratify this side letter agreement.
Mi. In 2021 , the parties negotiated lump sum payments to be effectiveEffecti>1e July 1, 2023, the City will provide lump sum payments ofin the following amounts as non-discretionary incentive to ratify the agreoment2021 MOU:
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 and no later than July 1. 2023 will receive a lump sum payment of six hundred dollars ($600).
In addition to the above July 1, 2023 payment, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
To be eligible for any of the above lump sum payments. an employee must be both (1) employed by the City on the date the payment is issued, and (2) in full time paid status on the date the payment is issued. It is the intent of the parties that the lump sum payments will not be treated as salary or wages, as the payments are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, will not be treated as pensionable compensation, and there will be no roll up effect of the lump sum payments. The City will withhold taxes from lump sum payments in accordance with federal and state requirements. The lump sum payments will be paid by separate check.
This agreement sets forth the complete agreement of the parties.
This side letter is a tentative agreement subject to ratification of the bargaining unit and approval of City Council.
54 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
PUBLIC EMPLOYEES' UNION LOCAL ONE/AFSCME {PUBLIC WORKS UNIT) RE: MID-CONTRACT SALARY CHANGES
SO AGREED:
FOR THE UNION:
Signature Jeff Apkarian
11/8/2022
Date
Union Representative
Council 57/AFSCME
FOR THE CITY:
Signature Kelly Tuffo, Attorney
Liebert Cassidy Whitmore
November 7, 2022
Date
55 THIS PAGE IS INTENTIONALLY LEFT BLANK
56 TO:
FROM:
DATE:
LOsBanos
,\t the ( t<,. · · ch 01 a • ., 1ie1
Agenda Staff Report
Mayor Pro Tern & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
November 16, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of a Side Letter Agreement between the City of Los Banos and the Los Banos Police Dispatchers/Community Services Officers Association (LBPDCSOA)
Recommendation:
Adopt the Resolution approving the Side Letter Agreement between the City of Los Banos and the LBPDCSOA.
Discussion:
The City is experiencing ongoing recruitment and retention challenges for Public Safety Dispatchers and Community Services Officers, resulting in numerous vacancies and a sparse pool of qualified applicants, and has determined that the loss of qualified Public Safety Dispatchers and Community Services Officers and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace. The Police Department would benefit considerably from the recruitment of lateral candidates and retention of experienced Public Safety Dispatchers and Community Services Officers to ensure critical law enforcement services.
The City and the LBPDCSOA agree to modify the salary section the current Memorandum of Understanding (July 1, 2021 through June 30, 2024) as follows:
57 • Effective the first full pay period following City Council approval of this side letter, the salary schedule for Public Safety Dispatchers and Community Services Officers will be increased by an equity adjustment of fifteen percent (15%). • Effective as soon as administratively feasible following approval of the side letter in 2022, the City will provide a lump sum payment of two thousand five hundred dollars {$2,500) for every full time employee in the bargaining unit as nondiscretionary incentive to ratify this side letter agreement. • In addition to what is stated below, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of six hundred dollars ($600).
Fiscal Impact:
There is an estimated increase of $139,637 to salaries & benefits over the term of the agreement. Staff will continue to further analyze the fiscal impact and prepare a budget adjustment at a later date, when needed.
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
man, Interim City Manager
l
58 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A SIDE
LETTER AGREEMENT / MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITY
OF LOS BANOS AND THE LOS BANOS POLICE
DISPATCHERS / COMMUNITY SERVICES
OFFICERS ASSOCIATION REGARDING MIDCONTRACT SALARY CHANGES & ESSENTIAL
WORKER PAYMENTS
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Side Letter Agreement to the current Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Dispatchers/Community Services Officers Association (LBPDCSOA) Regarding Mid-Contract Salary Changes and Essential Worker Payments; and
WHEREAS, the current Memorandum of Understanding will remain in effect from December 1, 2021 to June 30, 2024; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of November 16, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the LBPDCSOA is hereby modified as submitted as "Exhibit A" respectively.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member_ who moved its adoption, which motion was duly seconded by Council Member_ and the Resolution adopted by the following vote:
AYES: Council Members
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro T em
ATTEST:
Lucille L. Mallonee, City Clerk
59 THIS PAGE IS INTENTIONALLY LEFT BLANK
60 EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE DISPATCHERS COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA)
REPRESENTED BY AFSCME/PEU LOCAL ONE
RE: MID-CONTRACT SALARY CHANGES
WHEREAS, the City of Los Banos ("City') and Los Banos Police Dispatchers Community Services Officers' Association represented by AFSCME/PEU Local One ("Union") (collectively "the parties") have agreed to a Memorandum of Understanding (MOU) with a term of July 1, 2021 through June 30, 2024;
WHEREAS, the City has experienced ongoing recruitment and retention challenges for Dispatchers and Community Services Officers (CSOs), resulting in numerous vacancies and a sparse pool of qualified applicants;
WHEREAS, the City has determined that the loss of qualified personnel and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace; WHEREAS, the Citys Police Department would benefit considerably from recruitment of lateral candidates and retention of experienced non-sworn personnel to ensure critical law enforcement services for the City;
NOW THEREFORE, in consideration of the foregoing recitals, the parties agree to modify Section X, subsection A, entitled "Pay Rates," of the 2021-2024 MOU between the City and Association as follows:
SECTION X - Pay Rates and Practices
A. Pay Rates
1. Salary Ad justments
Effective July 1, 2021, the salary schedules for job classifications represented by the bargaining unit 1
11ill bewere increased by two percent (2%) to reflect monthly salary ranges as follows:
EMPLOYEE STEP STEP STEP STEP STEP STEP
CLASSIFICATION DATE 1 1 1 1 2- §
Public Safety Dispatcher 7/1/2021 3,877 4,071 4,275 4,489 4,713 4,949 Community Services
Officer 7/1/2021 2,847 2,989 3,138 3,295 3,460 3,633
Effective July 1, 2022, the salary schedules for job classifications represented by the bargaining unit will be~ increased by two percent (2%) to reflect monthly salary ranges as follows:
61 SIDE LITTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE DISPATCHERS COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA)
EMPLOYEE
CLASSIFICATION
Public Safety Dispatcher
Community Services
Officer
REPRESENTED BY AFSCME/PEU LOCAL ONE
RE: MID-CONTRACT SALARY CHANGES
STEP STEP STEP STEP
DATE 1 l: 1 1
7/1/2022 3,955 4,152 4,360 4,578
7/1/2022 2,904 3,049 3,201 3,361
STEP STEP
2 6
4,807 5,047
3,529 3,705
Effective the first full pay period following City Council approval of this side letter in 2022, salary schedules for job classifications represented by the bargaining unit will be increased by an equity ad justment of fifteen percent (15%). as follows:
EMPLOYEE STEP STEP STEP STEP STEP STEP
CLASSIFICATION 1 l: 1 4 5 _§
Public Safety Dispatcher 4,548 4,775 5,014 5,265 5,528 5,804 Community Services
Officer 3,340 3,507 3,682 3,866 4,059 4,262
Effective July 1, 2023, the salary schedules for job classifications represented by the bargaining unit will be increased by two percent (2%) to reflect monthly salary ranges as follows:
EMPLOYEE STEP STEP STEP STEP STEP STEP
CLASSIFICATION DATE 1 l: 3 ~ 2 _§
Public Safety Dispatcher 7/1/2023 4,639 4,871 5,115 5,371 5,640 5,922 Community Services
Officer 7/1/2023 3,407 3,577 3,756 3,944 4,141 4,348
2. Essential Worker Lump Sum Payments:
a. Effective upon Cit',' Council approval of tl:iis agreement in 2021 and tl:ie City's receipt of tl:ie first federal stimulus paymentJuly 1. 2021, the City wfU-provideg lump sum payments of the following amounts as non-discretionary incentive to ratify the agreement2021 MOU:
62 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE DISPATCHERS COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA)
REPRESENTED BY AFSCME/PEU LOCAL ONE
RE: MID-CONTRACT SALARY CHANGES
• Employees hired before January 1, 2021 wi#-receiveg a lump sum payment of four thousand eight hundred dollars ($4,800).
• Employees hired on or after January 1, 2021 and no later than July 1, 2021 wm receive.£! a lump sum payment of two thousand four hundred dollars ($2,400). b. Effective July 1, 2022 or u1=1on the City's recei1=1t of the seconel feeleral stimuh:1s payment ('.',1hichever is later), the City w+U-provideg lump sum payments of the following amounts as non-discretionary incentive to ratify the agreement2021 MOU :
• Employees hired before January 1, 2021 wi#-receiveg a lump sum payment of three thousand six hundred dollars ($3600).
• Employees hired on or after January 1, 2021 and no later than July 1, 2022 w+U receive.£! a lump sum payment of one thousand two hundred dollars ($1,200). c. Effective as soon as administratively feasible following approval of this side letter in 2022, the City will provide a lump sum payment of two thousand five hundred dollars ($2,500) for every full time employee in the bargaining unit as non-discretionary incentive to ratify this side letter agreement.
e,.d.ln 2021, the parties negotiated lump sum payments to be effectiveEffectii.•e July 1, 2023, the City will pro•.,iele lump sum payments ofin the following amounts as nondiscretionary incentive to ratify the agreement2021 MOU:
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 and no later than July 1, 2023 will receive a lump sum payment of six hundred dollars ($600).
In addition to the above July 1, 2023 payment, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
To be eligible for any of the above lump sum payments, an employee must be both (1) employed by the City on the date the payment is issued, and (21 in full time paid
63 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE DISPATCHERS COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA)
REPRESENTED BY AFSCME/PEU LOCAL ONE
RE: MID-CONTRACT SALARY CHANGES
status on the date the payment is issued. It is the intent of the parties that the lump sum payments will not be treated as salary or wages, as the payments are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, will not be treated as pensionable compensation, and there will be no roll up effect of the lump sum payments. The City will withhold taxes from lump sum payments in accordance with federal and state requirements. The lump sum payments will be paid by separate check.
This agreement sets forth the complete agreement of the parties.
This side letter is a tentative agreement subject to ratification of the bargaining unit and approval of City Council.
SO AGREED:
FOR THE UNION
Signature Jeff Apkarian
11/8/2022
Date
Union Representative
Council 57/AFSCME
FOR THE CITY:
Signature Kelly Tuffo, Attorney
Liebert Cassidy Whitmore
November 7, 2022
Date
64 TO:
FROM:
DATE:
LOsBanos
:\t tlic ( 105stoath OJ alUornia
Agenda Staff Report
Mayor Pro Tern & City Council Members
Lucy Mallonee, MMC JJ)it"
City Clerk/Human Resources Director
November 16, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of a Side Letter Agreement between the City of Los Banos and the Los Banos Fire Fighters Association (LBFFA)
Recommendation:
Adopt the Resolution approving the Side Letter Agreement between the City of Los Banos and the LBFFA.
Discussion:
The City is experiencing ongoing recruitment and retention challenges for firefighting personnel, resulting in numerous vacancies and a sparse pool of qualified applicants, and has determined that the loss of qualified firefighting personnel and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace.
The Fire Department would benefit considerably from the recruitment of lateral candidates and retention of experienced firefighting personnel to ensure critical fire protection services.
The City and the LBFFA agree to modify the salary section the current Memorandum of Understanding (July 1, 2021 through June 30, 2024) as follows:
65 • Effective the first full pay period following City Council approval of this side letter, the salary schedule for Fire Fighters, Fire Engineers, Fire Captains will be increased by an equity adjustment of fifteen percent (15%). • Effective July 1, 2023, the salary schedule for Fire Fighters, Fire Engineers, Fire Captains will be increased by a cost of living adjustment in the amount of two percent (2%). In addition, effective July 1, 2023, Step 6 will be adjusted to reflect a five percent (5%) increase from Step 5.
• Effective as soon as administratively feasible following approval of the side letter in 2022, the City will provide a lump sum payment of two thousand five hundred dollars ($2,500) for every full time employee in the bargaining unit as nondiscretionary incentive to ratify this side letter agreement. • In addition to what is stated below, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of six hundred dollars ($600).
Fiscal Impact:
There is an estimated increase of $214,174 to salaries & benefits over the term of the agreement. Staff will continue to further analyze the fiscal impact and prepare a budget adjustment at a later date, when needed.
ance Director
Attachments:
Resolution
66 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A SIDE
LETTER AGREEMENT / MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITY
OF LOS BANOS AND THE LOS BANOS FIRE
FIGHTERS ASSOCIATION REGARDING MIDCONTRACT SALARY CHANGES & ESSENTIAL
WORKER PAYMENTS
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Side Letter Agreement to the current Memorandum of Understanding by and between the City of Los Banos and the Los Banos Fire Fighters Association (LBFFA) Regarding Mid-Contract Salary Changes and Essential Worker Payments; and WHEREAS, the current Memorandum of Understanding will remain in effect from December 1, 2021 to June 30, 2024; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of November 16, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of
Understanding by and between the City of Los Banos and the LBFFA is hereby modified as submitted as "Exhibit A" respectively.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member who moved its adoption, which motion was duly seconded by Council Member and the Resolution adopted by the following vote:
AYES: Council Members
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS FIRE FIGHTERS' ASSOCIATION (LBFFA)
RE: MID-CONTRACT SALARY CHANGES
WHEREAS, the City of Los Banos ("City'') and Los Banos Fire Fighters' Association ("Association") (collectively "the parties") have agre_ed to a Memorandum of Understanding (MOU) with a term of July 1, 2021 through June 30, 2024;
WHEREAS, the City has experiericed ongoing recruitment and retention challenges for firefighting personnel, resulting in numerous vacancies and a sparse pool of qualified applicants; WHEREAS, the City has determined that the loss of qualified firefighting personnel and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace; WHEREAS, the City's Fire Department would benefit considerably from recruitment of lateral candidates and retention of experienced personnel to ensure critical fire protection services for the City;
NOW THEREFORE, in consideration of the foregoing recitals, the parties agree to modify Section XI, subsection B, entitled "Pay Provisions," of the 2021-2024 MOU between the City and Association as follows:
Section XI - Pay Rates and Practices
B. Pay Provisions
1. Regular
a. Salary
There 'Nill be~ no salary increase in •tear one of the agreementfiscal year 2021/22.
The salary schedule will remainwas as follows:
EMPLOYEE
CLASSIFICATION
Fire Captain
Fire Engineer
Fire Fighter
STEP STEP STEP STEP STEP
1 l ~ 4 ~
STEP
§
5,823 6,114 6,420 6.741 7,078 7,255
5,547 5,714 5,885 6,062 6,244 6,400
4,562 4,791 5.031 5,283 5,547 5,686
Effective July 1, 2022, the salary schedules for job classifications represented by the bargaining unit \1
,
1ill be~ increased by two percent (2%) to reflect monthly salary ranges as follows:
EMPLOYEE
CLASSIFICATION
Fire Captain
Fire Engineer
DATE STEP STEP STEP STEP STEP STEP
1 l ~ ~ ~ §
7/1/2022 5,939 6,236 6,548 6,875 7,219 7,399
7/1/2022 5,658 5,828 6,003 6,183 6,368 6,527
69 b.
Fire Fighter
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS FIRE FIGHTERS' ASSOCIATION (LBFFA)
RE: MID-CONTRACT SALARY CHANGES
Effective the first full pay period following City Council approval of this side letter in 2022, the salary schedules for job classifications represented by the bargaining unit will be increased by an equity adjustment of fifteen percent (15%}, to reflect monthly salary ranges as follows:
EMPLOYEE STEP STEP STEP STEP STEP STEP
CLASSIFICATION 1 2 1 4 5 §
Fire Ca1;1tain 6,830 7,172 7,531 7,908 8,303 8,511
Fire Engineer 6,507 6,702 6,903 7,110 7,323 7,506
Fire Fighter 5,351 5,619 5,900 6,195 6,505 6,668
Effective July 1, 2023, the salary schedules for job classifications represented by the bargaining unit will be increased by two percent (2%). In addition, effective July 1, 2023, Step 6 will be adjusted to reflect a five percent (5%) increase from Step 5, to reflect monthly salary ranges as follows:
EMPLOYEE DATE STEP STEP STEP STEP STEP STEP
CLASSIFICATION 1 1 1 ~ 2 .§
Fire Captain 7/1/2023 6,997 7,347 7,714 8,100 8,505 8,930 Fire Engineer 7/1/2023 6,637 6,836 7,041 7,252 7,470 7,844 Fire Fighter 7/1/2023 5,458 5,731. 6,018 6,319 6,635 6,967 Essential Worker LumQ Sum Pal'.ments:
1. Effective upon City Council approval of this agreement in 2021 and the City's receipt of the first federal stimulus payment, the City wl-1+-providef! lump sum payments of the following amounts as non-discretionary incentive to ratify the agrcement2021 MOU :
• Employees hired before January 1, 2021 wm-receiveg_ a lump sum payment of four thousand eight hundred dollars ($4,800).
• Employees hired on or after January 1, 2021 and no later than July 1, 2021 wi+lreceive.9. a lump sum payment of two thousand four hundred dollars ($2,400).
2. Effective July 1, 2022 or upon the City's receipt of the second federal stimulus payA'lent (1...,hiche'o1er is later), the City WH-1--provide_g_ lump sum payments of the following amounts as non-discretionary incentive to ratify the agreeA'!ent2021 MOU:
70 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS FIRE FIGHTERS' ASSOCIATION (LBFFA)
RE: MID-CONTRACT SALARY CHANGES
• Employees hired before January 1, 2021 WH-1--receivef!. a lump sum payment of three thousand six hundred dollars ($3600).
• Employees hired on or after January 1, 2021 and no later than July 1, 2022 wi# receivef!. a lump sum payment of one thousand two hundred dollars ($1,200).
3. Effective as soon as administratively feasible following approval of this side letter in 2022. the City will provide a lump sum payment of two thousand five hundred dollars ($2,500) for every full time em ployee in the bargaining unit as nondiscretionary incentive to ratify this side letter agreement. ~- In 2021. the parties negotiated lump sum payments to be effective Hfecti¥e July 1, 2023, the City will pro¥ide lblmp sblm pa','R'rnAts ofin the following amounts as non-discretionary incentive to ratify the agreeffient2021 MOU:
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 and no later than July 1. 2023 will receive a lump sum payment of six hundred dollars ($600). • In addition to the above July 1. 2023 payment, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
To be eligible for any of the above lump sum payments. an em ployee must be both (1) em ployed by the City on the date the payment is issued, and (2) in full time paid status on the date the payment is issued. It is the intent of the parties that the lump sum payments will not be treated as salary or wages, as the payments are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, will not be treated as pensionable compensation, and there will be no roll up effect of the lump sum payments. The City will withhold taxes from lump sum payments in accordance with federal and state requirements. The lump sum payments will be paid by.separate check.
This agreement sets forth the complete agreement of the parties.
This side letter is a tentative agreement subject to ratification of the bargaining unit and approval of City Council.
71 SO AGREED:
FOR THE ASSOCIATION :
Date
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS FIRE FIGHTERS' ASSOCIATION (LBFFA)
RE: MID-CONTRACT SALARY CHANGES
FOR THE CITY:
Signature Kelly Tuffo, Attorney
Liebert Cassidy & Whitmore
November 7, 2022
Date
72 LOsBanos
TO:
FROM:
DATE:
Agenda Staff Report
Mayor Pro Tern & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
November 16, 2022
TYPE OF REPORT: Consent Agenda
, )rtJl(l
SUBJECT: Approval of a Side Letter Agreement between the City of Los Banos and the Los Banos Police Officers Association (LBPOA)
Recommendation:
Adopt the Resolution approving the Side Letter Agreement between the City of Los Banos and the LBPOA.
Discussion:
The City is experiencing ongoing recruitment and retention challenges for Police Officers, resulting in numerous vacancies and a sparse pool of qualified applicants, and has determined that the loss of qualified Police Officers and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace. The Police Department would benefit considerably from the recruitment of lateral candidates and retention of experienced Police Officers to ensure critical law enforcement services.
The City and the LBPOA agree to modify the salary section the current Memorandum of Understanding (December 1, 2021 through June 30, 2024) as follows:
• Effective the first full pay period following City Council approval of this side letter, the salary schedule for Police Officers will be increased by an equity adjustment of fifteen percent (15%).
73 • Effective July 1, 2023, the salary schedule for Police Officers will be increased by a cost of living adjustment in the amount of two percent (2%) plus an equity adjustment in the amount of three-quarters of a percent (0.75%). In addition, effective July 1, 2023, Step 6 will be adjusted to reflect a five percent (5%) increase from Step 5.
• Effective as soon as administratively feasible following approval of the side letter in 2022, the City will provide a lump sum payment of two thousand five hundred dollars ($2,500) for every full time employee in the bargaining unit as nondiscretionary incentive to ratify this side letter agreement. • In addition to what is stated below, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of six hundred dollars ($600).
Fiscal Impact:
There is an estimated increase of $396,072 to salaries & benefits over the term of the agreement. Staff will continue to further analyze the fiscal impact and prepare a budget adjustment at a later date, when needed.
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
an, Interim City Manager
'
I
I
74 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A SIDE
LETTER AGREEMENT / MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITY
OF LOS BANOS AND THE LOS BANOS POLICE
OFFICERS ASSOCIATION REGARDING MIDCONTRACT SALARY CHANGES & ESSENTIAL
WORKER PAYMENTS
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Side Letter Agreement to the current Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Officers Association (LBPOA) Regarding Mid-Contract Salary Changes and Essential Worker Payments; and WHEREAS, the current Memorandum of Understanding will remain in effect from December 1, 2021 to June 30, 2024; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of November 16, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the LBPOA is hereby modified as submitted as "Exhibit A" respectively.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member_ who moved its adoption, which motion was duly seconded by Council Member_ and the Resolution adopted by the following vote:
AYES: Council Members
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
75 THIS PAGE IS INTENTIONALLY LEFT BLANK
76 EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE OFFICERS ASSOCIATION
RE: MID-CONTRACT SALARY CHANGES
WHEREAS, the City of Los Banos ("City") and Los Banos Police Officers' Association ("Association") (collectively "the parties") have agreed to a Memorandum of Understanding (MOU) with a term of December 1, 2021 through June 30, 2024;
WHEREAS, the City has experienced ongoing recruitment and retention challenges for Police Officers, resulting in numerous vacancies and a sparse pool of qualified applicants; WHEREAS, the City has determined that the loss of qualified City Police Officers and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace; WHEREAS, the City's Police Department would benefit considerably from recruitment of lateral candidates and retention of experienced Police Officers to ensure critical law enforcement services for the City;
NOW THEREFORE, in consideration of the foregoing recitals, the parties agree to modify Section IX, subsection A, entitled "Salary," of the 2021-2024 MOU between the City and Association as follows:
SECTION IX - Pay Rates and Practices
A. Salary
1. Regular
Effective December 1, 2021 eontingent on Assoeiation ratifieation and Cit'; Couneil api,no¥al of tl=iis 2021 sueeessor MOU b•t Deeember 15, 2021, the salary schedule for Police Officers •.viii bewas increased by a cost of living adjustment in the amount of two percent (2%)_. In additioA, effeeti¥e Deeernl;Jer 1, 2021 contingent on Association ratification and City Council a13proval e•t Deeernber 15, 2021, tl=ie salary scl=iedule for Police Officers will l;Je increased l;Jyplus an equity adjustment in the amount of one percent (1%), to reflect a monthly salary range as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$5,526 $5,802 $6,092 $6,397 $6,717 $6,885
Effective July 1, 2022, the salary schedule for Police Officers •.viii bewas increased by a cost of living adjustment in the amount of two percent {2%)L. In addition, effecti¥e July 1, 2022, tl=ie salary scl=iedule for Poliee Offieers V.'ill be increased by~ an equity adjustment in the amount of three-quarters of a percent (0.75%), to reflect a monthly salary range as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$5,678 $5,962 $6,260 $6,573 $6,902 $7,075
77 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE OFFICERS ASSOCIATION
RE: MID-CONTRACT SALARY CHANGES
Effective the first full pay period following City Council approval of this side letter in 2022, the salary schedule for Police Officers will be increased by an equity adiustment of fifteen percent (15%). as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$6,530 $6,857 $7,200 S7,s6o S71938 $8,136
Effective July 1, 2023, the salary schedule for Police Officers will be increased by a cost of living adjustment in the amount of two percent (2%).,....ffi addition, effecti>11•e J1:Jl•11, 2023, the salary sched1:Jle for Police Officers 'Nill be increased b•,Q.J.fil an equity adjustment in the amount of three-quarters of a percent (0.75%). In addition, effective July 1, 2023, Step 6 will be ad justed to reflect a five percent (5%) increase from Step 5, to reflect a monthly salary range as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$:S,834 $€i,;!:2€i $€i,432 $€i,7:S4 $7,092 $7,2e9
$61710 $7,046 S7,398 $7,768 $8156 $8,564
B. Essential Worker Lump Sum Payments:
1. Effective 1:Jpon City Council approYal of this agreeR1ent and the City's receipt of the first federal stiR11:Jl1:Js paymentDecember 1, 2021, the City WH-1-provideg lump sum payments of the following amounts as non-discretionary incentive to ratify the agreernent2021 MOU:
• Employees hired before January 1, 2021 wi-l+-receiveg a lump sum payment of four thousand eight hundred dollars ($4,800).
• Employees hired on or after January 1, 2021 and no later than December 1. 2021will-receive_g a lump sum payment of two thousand four hundred dollars ($2,400).
2. Effective July 1, 2022 or 1:Jpon the City's receipt of the second federal stim1:Jl1:Js pa•1ment (1NhicheYer is later), the City w+»--provideg lump sum payments of the following amounts as non-discretionary incentive to ratify the agreement2021 MOU:
• Employees hired before January 1, 2021 WH-1-receive_g a lump sum payment of three thousand six hundred dollars ($3600).
78 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE OFFICERS ASSOCIATION
RE: MID-CONTRACT SALARY CHANGES
• Employees hired on or after January 1, 2021 and no later than July 1, 2022 wi-U receiveg a lump sum payment of one thousand two hundred dollars ($1,200).
3. Effective as soon as administratively feasible following approval of this side letter in 2022, the City will provide a lump sum payment of two thousand five hundred dollars ($2,500) for every full time employee in the bargaining unit as non-discretionary incentive to ratify this side letter agreement.
~- In 2021, the parties negotiated lump sum payments to be Hfectivecffective July 1, 2023, the City .,,ill pro•.iie:le lump sum payments ofin the following amounts as nondiscretionary incentive to ratify the agreement2021 MOU:
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 and no later than July 1, 2023 will receive a lump sum payment of six hundred dollars ($600).
In addition to the above July 1, 2023 payment, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
To be eligible for any of the above lump sum payments, an employee must be both (1) employed by the City on the date the payment is issued, and (2) in full time paid status on the date the payment is issued. It is the intent of the parties that the lump sum payments will not be treated as salary or wages, as the payments are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, will not be treated as pensionable compensation, and there will be no roll up effect of the lump sum payments.
The City will withhold taxes from lump sum payments in accordance with federal and state requirements. The lump sum payments will be paid by separate check.
This agreement sets forth the complete agreement of the parties.
This side letter is a tentative agreement subject to ratification of the bargaining unit and approval of City Council.
Page3 of 4
79 SO AGREED:
FOR THE ASSOCIATION:
Date
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE OFFICERS ASSOCIATION
RE: MID-CONTRACT SALARY CHANGES
FOR THE CITY:
Signature Kelly Tuffo, Attorney
Liebert Cassidy Whitmore
November 7, 2022
Date
Page4 of 4
80 TO:
FROM:
DATE:
LOsBanos ,, t tlie ( 10,~1oatls of
Agenda Staff Report
Mayor Pro Tern & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
November 16, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of a Side Letter Agreement between the City of Los Banos and the Los Banos Police Sergeants Association (LBPSA)
Recommendation:
Adopt the Resolution approving the Side Letter Agreement between the City of Los Banos and the LBPSA.
Discussion:
The City is experiencing ongoing recruitment and retention challenges for Police Officers and Police Sergeants, resulting in numerous vacancies and a sparse pool of qualified applicants, and has determined that the loss of qualified Police Officers and Police Sergeants and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace. The Police Department would benefit considerably from the recruitment of lateral candidates and retention of experienced Police Officers and Police Sergeants to ensure critical law enforcement services.
The City and the LBPSA agree to modify the salary section the current Memorandum of Understanding (July 1, 2021 through June 30, 2024) as follows:
• Effective the first full pay period following City Council approval of the side letter between the City and the Los Banos Police Officers Association, the salary 81 schedule for Police Sergeants will be increased based on the pay differential between Police Officers and Sergeants to also reflect a fifteen percent (15%) increase.
• Effective July 1, 2023, the salary schedule for Police Sergeants will be increased and adjusted based on the pay differential between Police Officers and Sergeants.
• Effective as soon as administratively feasible following approval of the side letter in 2022, the City will provide a lump sum payment of two thousand five hundred dollars ($2,500) for every full time employee in the bargaining unit as nondiscretionary incentive to ratify this side letter agreement. • In addition to what is stated below, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of six hundred dollars ($600).
Fiscal Impact:
There is an estimated increase of $185,174 to salaries & benefits over the term of the agreement. Staff will continue to further analyze the fiscal impact and prepare a budget adjustment at a later date, when needed.
ma/' Interim City Manager
Attachments:
Resolution
82 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A SIDE
LETTER AGREEMENT / MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITY
OF LOS BANOS AND THE LOS BANOS POLICE
SERGEANTS ASSOCIATION REGARDING MIDCONTRACT SALARY CHANGES & ESSENTIAL
WORKER PAYMENTS
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Side Letter Agreement to the current Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Sergeants Association (LBPSA) Regarding Mid-Contract Salary Changes and Essential Worker Payments; and WHEREAS, the current Memorandum of Understanding will remain in effect from December 1, 2021 to June 30, 2024; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of November 16, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the LBPSA is hereby modified as submitted as "Exhibit A" respectively.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member_ who moved its adoption, which motion was duly seconded by Council Member _ and the Resolution adopted by the following vote:
A YES: Council Members
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
83 EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE SERGEANTS ASSOCIATION
RE: MID-CONTRACT CHANGES
WHEREAS, the City of Los Banos ("City'') and Los Banos Police Sergeants Association ("Association") (collectively "the parties") have agreed to a Memorandum of Understanding (MOU) with a term of July 1, 2021 through June 30, 2024; WHEREAS, the City has experienced ongoing recruitment and retention challenges for Police Officers and Sergeants, resulting in numerous vacancies and a sparse pool of qualified applicants; WHEREAS, the City has determined that the loss of qualified City Police Officers and Sergeants and a sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace;
WHEREAS, the City's Police Department would benefit considerably from recruitment of lateral candidates and retention of experienced Police Officers and Sergeants to ensure critical services for the City;
NOW THEREFORE, in consideration of the foregoing recitals, the parties agree to modify Section X, subsection A, entitled "Salary'' and subsection B, entitled "Essential Worker Lump Sum Payments," of the 2021-2024 MOU between the City and Association as follows:
SECTION X - Pay Rates and Practices
A. Salary
Effective July 1, 2021 eontingent on /\ssodation ratifieation and City Coundl approi.·al 13y July 7, 2021, the salary schedule for Police Sergeants wi#-laewas increased by two percent (2%), to reflect a monthly salary range as follows:
STEP 1
7,301
STEP 2
7,666
STEP 3
8,049
STEP 4
8.451
STEP 5
8,874
Effective July 1, 2022, the salary schedule for Police Sergeants wi-U---aewas increased by two percent (2%) and ad justed based on the pay differential between Police Officers and Sergeants, to reflect a monthly salary range as follows:
STEP 6
9,096
STEP 1
7,570
STEP 2
7,949
STEP 3
8,346
STEP4
8,763
STEP 5
9,201
STEP 6
9.431
84 8.
SIDE LITTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE SERGEANTS ASSOCIATION
RE: MID-CONTRACT CHANGES
Effective the first full pay period following City Council approval of the side letter between the City and Police Officers' Association in 2022, and subject to such approval, the salary schedule for Police Sergeants will be increased based on the pay differential between Police Officers and Sergeants, to reflect a monthly salary range as follows:
STEP 1
8,706
STEP 2
9,141
STEP 3
9,598
STEP 4
10,078
STEP 5
10,582
STEP 6
10.847
Effective July 1, 2023, the salary schedule for Police Sergeants will be increased by two percent (2%) and ad justed based on the pay differential between Police Officers and Sergeants, contingent on City Council approval of the side letter between the City and Police Officers' Association in 2022 and subject to such approval. to reflect a monthly salary range as follows:
STEP 1
9,163
STEP 2
9,621
STEP3
10,102
STEP4
10,607
STEP 5
11,137
STEP6
11.415
*The City will maintain a seven percent (7%) pay differential between the Top Step Police Officer salary range and the Start Step Police Sergeant salary range during the term of this Agreement.
Essential Worker Lump Sum Payments:
1. Effective l:lf')en Cit11 C01:1neil aJ:>pro11al ef this agFeement anel the City's Feeeipt ef tl:ie fiFst feeleFal s:t:im1:1l1:1s f)aymentJuly 1, 2021, the City w+u-provideg_ lump sum payments of the following amounts as non-discretionary incentive to ratify the agFeement2021 MOU:
• Employees hired before January 1, 2021 wUl-receiveg_ a lump sum payment of four thousand eight hundred dollars ($4,800).
• Employees hired on or after January 1, 2021 and no later than July 1, 2021will receiveg_ a lump sum payment of two thousand four hundred dollars ($2,400).
85 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE SERGEANTS ASSOCIATION
RE: MID-CONTRACT CHANGES
2. Effective July 1, 2022 or upoR the City's reeeipt of the secoREI feEleral stiFRulus pa'tFReRt (whiehever is later), the City wffl-.provideg lump sum payments of the following amounts as non-discretionary incentive to ratify the agreemeRt2021 MOU:
• Employees hired before January 1, 2021 will-receiveg a lump sum payment of three thousand six hundred dollars ($3600).
• Employees hired on or after January 1, 2021 and no later than July 1, 2022 w+U receive£! a lump sum payment of one thousand two hundred dollars ($1,200).
3. Effective as soon as administratively feasible following approval of this side letter in 2022, the City will provide a lump sum payment of two thousand five hundred dollars {$2,500) for every full time employee in the bargaining unit as nondiscretionary incentive to ratify this side letter agreement. ~- In 2021, the parties negotiated lump sum payments to be effective Hfecti>.•e July 1~ ,2023, ,t,he City ','Jill proviEle lurnp suFR pa•tFReRts ofin the following amounts as non-discretionary incentive to ratify the agreeFReRt2021 MOU:
• Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 and no later than July 1, 2023 will receive a lump sum payment of six hundred dollars ($600).
In addition to the above July 1, 2023 payment, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full time employees in the bargaining unit as a non-discretionary incentive to ratify this side letter agreement.
To be eligible for any of the above lump sum payments, an employee must be both (1) employed by the City on the date the payment is issued, and (2) in full time paid status on the date the payment is issued. It is the intent of the parties that the lump sum payments will not be treated as salary or wages, as the payments are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, will not be treated as pensionable compensation, and there will be no roll up effect of the lump sum paymen_ts.
The City will withhold taxes from lump sum payments in accordance with federal and
86 SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE SERGEANTS ASSOCIATION
RE: MID-CONTRACT CHANGES
state requirements. The lump sum payments will be paid by separate check.
This agreement sets forth the complete agreement of the parties.
This side letter is a tentative agreement subject to ratification of the bargaining unit and approval of City Council.
SO AGREED:
FOR THE ASSOCIATION:
Date
Jesµs Parras
Police Sergeant
FOR THE CITY:
Signature Kelly Tuffo, Attorney
Liebert Cassidy Whitmore
November 8, 2022
Date
87 THIS PAGE IS INTENTIONALLY LEFT BLANK
88 TO:
FROM:
DATE:
LOs Banos
Agenda Staff Report
Mayor Pro Tern & City Council Members
Lucy Mallonee, MMC J}M
City Clerk/Human Resources Director
November 16, 2022
SUBJECT: Salary Increases and Essential Worker Payments for Full-Time Unrepresented/ Miscellaneous and Part-Time Employees
TYPE OF REPORT: Consent Agenda
Recommendation:
That the Council adopt a resolution authorizing a salary increase and Essential Worker Payments for full-time Unrepresented/Miscellaneous and part-time employees along with those separately approved for the Public Employees' Union Local One/AFSCME Public Works Unit (LBPW), Los Banos Police Dispatchers/Community Services Officers Association (LBPDCSOA), Los Banos Fire Fighters Association (LBFFA), Los Banos Police Officers Association (LPOA), and the Los Banos Police Sergeants Association (LPSA).
Discussion:
The City is experiencing ongoing recruitment and retention challenges citywide for all job classifications in the City, resulting in numerous vacancies and a sparse pool of qualified applicants, and has determined that the loss of qualified employees and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace.
The City would benefit considerably from the recruitment of lateral candidates and retention of experienced employees to ensure critical city services.
The salary increases and Essential Worker Pay will be as follows:
• Effective the first full pay period following City Council approval, the salary schedule for all full-time Unrepresented/Miscellaneous employees will be increased by an equity adjustment of ten percent ( 10% ).
89 • Effective the first full pay period following City Council approval, the salary schedule for all part-time employees will be increased to be equal to the full-time equivalent hourly rate.
• Effective as soon as administratively feasible following approval of the City Council, the City will provide a lump sum payment of two thousand five hundred dollars ($2,500) for every full-time employee.
• Effective as soon as administratively feasible following approval of the City Council, the City will provide a lump sum payment of one thousand two hundred fifty dollars ($1,250) for every part-time employee.
• In addition to what is stated below, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full-time employees. • Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of six hundred dollars ($600).
• In addition to what is stated below, effective July 1, 2023 the City will provide a lump sum payment of five hundred dollars ($500) to all part-time employees. • Employees hired before January 1, 2021 will receive a lump sum payment of six hundred dollars ($600).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of three hundred dollars ($300).
Fiscal Impact:
There is an estimated increase of $762,964 to salaries & benefits over the term of the agreement. Staff will continue to further analyze the fiscal impact and prepare a budget adjustment at a later date, when needed.
Reviewed~
Uw \
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
90 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS AMENDING AND APPROVING
DIVISION 4, SALARY SCHEDULE - EMPLOYEE
CLASSIFICATIONS RELATING TO CITYWIDE
SALARY INCREASES AND AUTHORIZING
ESSENTIAL WORKER PAYMENTS
WHEREAS, the City Council of the City of Los Banos recognizes the heighted risks City employees have faced while performing their essential job duties during the COVID-19 pandemic; and
WHEREAS, the City Council of the City of Los Banos recognizes that the City is experiencing ongoing recruitment and retention challenges citywide for all job classifications in the City, resulting in numerous vacancies and a sparse pool of qualified applicants; and WHEREAS, the City Council of the City of Los Banos has determined that the loss of qualified employees and sparse applicant pool is largely due to salaries that are not competitive in the Central Valley marketplace; and the City would benefit considerably from the recruitment of lateral candidates and retention of experienced employees to ensure critical City services; and
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the approval of the Public Employees' Union Local One/AFSCME Public Works Unit (LBPW) Side Letter Agreement effective, November 16, 2022, for a salary increase of ten percent (10%) and additional Essential Worker Payments; and WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the approval of the Los Banos Police Dispatchers/Community Services Officers Association (LBPDCSOA) Side Letter Agreement effective, November 16, 2022, for a salary increase of fifteen percent (15%) and additional Essential Worker Payments; and WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the approval of the Los Banos Fire Fighters Association (LBFFA) Side Letter Agreement effective, November 16, 2022, for a salary increase of fifteen percent (15%), 2.5% increase to Step 6 on July 1, 2023, and additional Essential Worker Payments; and WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the approval of the Los Banos Police Officers Association (LPOA) Side Letter Agreement effective, November 16, 2022, for a salary increase of fifteen percent (15%), 2.5% increase to Step 6 on July 1, 2023, and additional Essential Worker Payments; and 91 WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the approval of the Los Banos Police Sergeants Association (LPSA) Side Letter Agreement effective, November 16, 2022, for a salary increase of fifteen percent (15%) and additional Essential Worker Payments; and
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the approval of Unrepresented/Miscellaneous Full-Time Employees salary increases, effective November 16, 2022, in the amount of ten percent (10%) and additional Essential Worker Payments; and
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the approval of Part-Time Employees hourly rate increases, effective November 16, 2022, to be equal to the fulltime equivalent hourly rate and additional Essential Worker Payments; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of November 16, 2022.
NOW, THEREFORE, BE IT RESOLVED that Division 4, Salary Schedule of the City Policy Manual is hereby amended to reflect the changes as listed above and is hereby approved as submitted as "Exhibit A" respectively.
BE IT FURTHER RESOLVED, that the Essential Worker Payments for Full-Time and Part-Time Employees is hereby approved as submitted on "Exhibit B" respectively.
NOW, THEREFORE, BE IT RESOLVED THAT the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member _ who moved its adoption, which motion was duly seconded by Council Member_ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
92 (Approved
EXHIBIT A
DIVISION 4
SALARY SCHEDULE
1 2022 I Effective , 2022)
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY
SECTION A -ADMINISTRATION
TOT AL POSITIONS AUTHORIZED (5)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEP 5 City Manager (1) 14,211 18,19Q * * * * *
15,632-20,009
Human Resources Director (1) 8,482 1Q,83Q * * * * *
9,330-11,913
Assistant City Clerk/HR Analyst (1) * 6,a9a ~ 9;4$9 6,4-7-7 ~ 6,155 6,463 6,786 7,125 7,481
HR Technician I (2) * ~ ~ ~ 4,-J44 4,-ae-i
4,127 4,333 4,550 4,778 5,017
Admin Clerk (0)
Admin Clerk II * * ~ ~ ~ ~ 4,-059
3,674 3,858 4,051 4,254 4,467
Admin Clerk I * * ~ ~ ~ ~ ~
3,082 3,236 3,398 3,568 3,746
* Comment: Promotions to skill levels within the Admin Clerk job classifications are made by the Human Resources Director with concurrence of the City Manager.
SECTION B - FINANCE
TOTAL POSITIONS AUTHORIZED (10)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEP5 Finance Director (1) 1 ~ ,389 14,§42 * * * * *
12,528-15,996
Asse,,mtiRg & ~bldget Sb1FJeF\1iseF (1) * e,-730 -7,00-7 +;-420 7,-794- 8,43-1- Finance Manager 7,403 7,773 8,162 8,570 8,999
Accountant (2)
Accountant II * * 6,a9a ~ 9;4$9 6,4-7-7 ~
6,155 6,463 6,786 7,125 7,481
Accountant I * * 4,WO 4,--788 ~ ~ ~
5,016 5,267 5,530 5,807 6,097
Information Technology Technician (1) * 4,Je-7 ~ 4,$4-a &,-Oae &,-309 4,804 5,044 5,296 5,561 5,839
Accounting Technician (1) * ~ 4,-0-1-8 4,249 4,430 ~
4,209 4,419 4,640 4,872 5,116
Accounting Clerk (4)
Accounting Clerk II * * ~ ~ ~ ~ 4,-059
3,674 3,858 4,051 4,254 4,467
Accounting Clerk I * * ~ 2,942 ~ ~ 3,4Ga
3,082 3,236 3,398 3,568 3,746
STEP6
*
*
+;444
7,855
~
5,268
~
4,690
~
3,933
STEP6
*
8,WO
9,449
+;444
7,855
5,M9
6,402
~
6,131
~
5,372
~
4,690
~
3,933
* Comment: Promotions to skill levels within the Accountant and Accounting Clerk job classifications are made by the Finance Director with concurrence of the City Manager.
93 SECTION C - COMMUNITY & ECONOMIC DEVELOPMENT
TOT AL POSITIONS AUTHORIZED :f4} (6)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEP 5 STEP6 Community & Economic Development Director (1) s,482 rn,sao * * * * * * 10'¼ 9,330-11,913
Planner (1)
Senior Planner * * 9;4% e;-820 ~ ~ ~ ~
7,145 7,502 7,877 8,271 8,685 9,119
Associate Planner * * a;-a9a ~ e,4e9 e,4-7+ ~ 7,-444
6,155 6,463 6,786 7,125 7,481 7,855
Assistant Planner * * 4,-aeO 4,--7-88 ~ a,2-78 ~ ~
5,016 5,267 5,530 5,807 6,097 6,402
Planning Technician (1) * ~ ~ 4,--1-J-7 ~ 4,ae4 4,--789 4,127 4,333 4,550 4,778 5,017 5,268
Admin Clerk (1)
Admin Clerk II * * ~ ~ ~ ~ 4;-059 4,2e2
3,674 3,858 4,051 4,254 4,467 4,690
Admin Clerk I * * ~ 2,-942 ~ ~ 3,40a ~
3,082 3,236 3,398 3,568 3,746 3,933
* Comment: Promotions to skill levels within the Planner and Adm in Clerk job classifications are made by the Community & Economic Development Director with concurrence of the City Manager.
SECTION D - PUBLIC WORKS
TOT AL POSITIONS AUTHORIZED (60)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEP 5 STEP6 Public Works Director/City Engineer (1) 1a,o:;z1 1e,e91 * * * * * * 14,378-18,360
Public Works Operations Manager (2) * ~ e;eQ4 6,934 ~ +;e4& ~ 6,918 7,264 7,627 8,008 8,408 8,828
Parks & Rec Operations Manager (1) * ~ e;eQ4 6,934 ~ +;e4& ~ 6,918 7,264 7,627 8,008 8,408 8,828
Public Works Supervisor (1) * a,OaQ ~ ~ a.Me ~ e,448
5,555 5,833 6,125 6,431 6,753 7,091
Recreation Supervisor (1) * a,OaQ ~ ~ a.Me ~ e,448
5,555 5,833 6,125 6,431 6,753 7,091
Water Quality Specialist ( 1) * 4,-Sa-1- a-,499 MW ~ ~ ~ 5,446 5,718 6,004 6,304 6,619 6,950
Fleet Maintenance Coordinator (1) * 4,834 a,-07a ~ ~ ~ e,4e9 5,317 5,583 5,862 6,155 6,463 6,786
Foreman (4) * 4,739 4,9+e ~ a,48@ &,-700 e,048
5,213 5,474 5,748 6,035 6,337 6,654
Administrative Coordinator ( 1) * ~ 4,9+e ~ a,48@ &,-700 e,048 5,213 5,474 5,748 6,035 6,337 6,654
Administrative Assistant (2) * ~ 4,008 4,U4- 4,48a 4,+QS 4,-944 4,261 4,474 4,698 4,933 5,180 5,439
Engineering Technician (2) * ~ 4,0-1S ~ 4,430 ~ ~
4,209 4,419 4,640 4,872 5,116 5,372
Recreation Coordinator I (2) * ~ ~ ~ ~ 3,40a ~
3,082 3,236 3,398 3,568 3,746 3,933
94 EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP4 STEP 5 STEP 6 Admin Clerk (1)
Admin Clerk II * * ~ ~ ~ ~ ~ ~
3,674 3,858 4,051 4,254 4,467 4,690
Admin Clerk I * * ~ ~ ~ ~ J,4-Ga 3,a-75
3,082 3,236 3,398 3,568 3,746 3,933
Inspector I ( 1) * 4,e9a ~ a-;4-7-7 &;43e ~ ~
5,165 5,423 5,694 5,979 6,278 6,592
711/2023 5,268 5,531 5,808 6,098 6,403 6,723
Maintenance Mechanic I (2) * ~ M74 ~ ~ ~ ~
3,640 3,822 4,013 4,214 4,425 4,646
7/1/2023 3,713 3,899 4,094 4,299 4,514 4,740
Custodian (1) * ~ 2,-734- 2,-920 3;-00e ~ ~
3,082 3,236 3,398 3,568 3,746 3,933
711/2023 3,144 3,301 3,466 3,639 3,821 4,012
Environmental Control/Utilities Maintenance (13)
Environmental Control Specialist Ill * * ~ ~ 4,-7§9 4,99-7 ~ ¥09 4,749 4,986 5,235 5,497 5,772 6,061
7/112023 4,844 5,086 5,340 5,607 5,887 6,181
Environmental Control Specialist II * * 3,78a ~ 4,-4-75 ~ 4,e03 ~ 4,165 4,373 4,592 4,822 5,063 5,316
7/1/2023 4,248 4,460 4,683 4,917 5,163 5,421
Environmental Control Specialist I * * ~ ~ ~ 4,4-7J 4,382, 4,W4- 3,966 4,164 4,372 4,591 4,821 5,062
7/112023 4,045 4,247 4,459 4,682 4,916 5,162
Environmental Control Specialist Trainee * * ~ ~ ~ ~ 4,472 ~ 3,775 3,964 4,162 4,370 4,589 4,818
711/2023 3,830 4,022 4,223 4,434 4,656 4,889
Utilities Maintenance Ill * * 4-,-059 ~ 4,4-7& 4,e99 4,9J4 a,4M 4,465 4,688 4,922 5,168 5,426 5,697
7/1/2023 4,554 4,782 5,021 5,272 5,536 5,813
Utilities Maintenance II * * ~ ~ 4-,-008 ~ 4,485 4,-709 4,058 4,261 4,474 4,698 4,933 5,180
711/2023 4,139 4,346 4,563 4,791 5,031 5,283
Utilities Maintenance I * * ~ M74 ~ ~ ~ ~
3,640 3,822 4,013 4,214 4,425 4,646
7/1/2023 3,713 3,899 4,094 4,299 4,514 4,740
Maintenance (23)
Maintenance Worker Ill * * 4,-048 ~ 4,464 4,e8-7 ~ ~
4,453 4,676 4,910 5,156 5,414 5,685
7/112023 4,542 4,769 5,007 5,257 5,520 5,796
Maintenance Worker II * * ~ ~ 4,-044 ~ 4-;4-aa ~
4,033 4,235 4,447 4,669 4,902 5,147
7/112023 4,114 4,320 4,536 4,763 5,001 5,251
Maintenance Worker I * * ~ M74 ~ ~ ~ ~
3,640 3,822 4,013 4,214 4,425 4,646
71112023 3,713 3,899 4,094 4,299 4,514 4,740
* Comment: Promotions to skill levels within the Environmental Control Specialist 111, Utilities Maintenance Ill, Maintenance Worker Ill and Admin Clerk job classifications are made by the Public Works Director/City Engineer with concurrence of the City Manager.
* Additionally, the Public Works Director/City Engineer with concurrence of the City Manager, may temporarily or permanently reassign certain employees in accordance with the following guidelines: 1) Supervisor level positions -- Employees serving in capacity of Supervisor may be reassigned to an equivalent pay grade within any of the Supervisor level positions; and 2) Maintenance - Employees assigned to any one of these three broad employment classifications may be reassigned to an equivalent pay grade of one of the other two classifications. 95 SECTION E - FIRE & BUILDING
TOT AL POSITIONS AUTHORIZED (20)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEP 5 STEP6 Fire Chief (1) ~~.a@2 ~4.aoa * * * * * *
12,498-15, 953
Asst Fire Chief (1) * 3,§-79 9-,--000 9;458 9,W+ rn,428 40,949 9,437 9,909 10,404 10,924 11,470 12,044
Fire Captain (6) * ~ ~ 9;M8 ~ ~ ~
6,830 7,172 7,531 7,908 8,303 8,511
7/112023 6,997 7,347 7,714 8,100 8,505 8,930
Fire Engineer (6) * a,ea8 ~ e,OOJ ~ ~ ~
6,507 6,702 6,903 7,110 7,323 7,506
711/2023 6,637 6,836 7,041 7,252 7,470 7,844
Fire Fighter (4) * ~ 4,386 ~ ~ ~ a;,.-9+
5,351 5,619 5,900 6,195 6,505 6,668
711/2023 5,458 5,731 6,018 6,319 6,635 6,967
Administrative Coordinator (1) * 4,--7-JS ~ ~ a,48e ~ e;-048 5,213 5,474 5,748 6,035 6,337 6,654
Admin Clerk (1)
Admin Clerk II * * ~ ~ ~ ~ 4,Qa9 ~
3,674 3,858 4,051 4,254 4,467 4,690
Admin Clerk I * * ~ ~ ~ ~ ~ ~
3,082 3,236 3,398 3,568 3,746 3,933
* Comment: Promotions to skill levels within the Adm in Clerk job classifications are made by the Fire Chief with concurrence of the City Manager.
SECTION G - POLICE
TOTAL POSITIONS AUTHORIZED (80)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEP5 STEP6 Police Chief ( 1) ~2,40@ ~a.Saa * * * * * *
13,647-17,419
Police Commander (2) * ~ ~ ~ 4-0,7Qe ~ ~ ,aa@ 44,903
10,259 10,772 11,311 11,877 12,471 13,095
Police Sergeant (8) * ~ +;949 ~ ~ ~ ~
8,706 9,141 9,598 10,078 10,582 10,847
711/2023 9,163 9,621 10,102 10,607 11,137 11,415
Police Services Manager (1) * e,-7ao +;-Qa7 ~ ~ ~ ~
7,403 7,773 8,162 8,570 8,999 9,449
Dispatch Supervisor (1) * 5,090 a;34a ~ ~ e;-488 e-;49-7 5,599 5,879 6,173 6,482 6,806 7,146
Code Enforcement Officer (5) * ~ 4;49-7 4-,:m 4,-9§8 ~ Me6 4,711 4,947 5,194 5,454 5,727 6,013
Public Safety Dispatcher (11) * ~ ~ ~ 4,a-7-8 4,-80-7 ~ 4,548 4,775 5,014 5,265 5,528 5,804
711/2023 4,639 4,871 5,115 5,371 5,640 5,922
Crime Analyst (1) * ~ J;-Q44 4,-444- ~ ~ ~
4,132 4,339 4,556 4,784 5,023 5,274
Property Evidence Technician (1) * ~ ~ J,e3.9 ~ ~ ~
3,631 3,813 4,004 4,204 4,414 4,635
Community Services Officer (7) * 2,9Q4 ~ 3,-20-1- ~ ~ 3,-70§ 3,340 3,507 3,682 3,866 4,059 4,262
7/112023 3,407 3,577 3,756 3,944 4,141 4,348
96 EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP 4 STEP 5 STEP 6 Public Safety Custodian (1) * ~ ~ ~ ~ ~ ~
3,082 3,236 3,398 3,568 3,746 3,933
Police Officer (37) * a,e78 ~ ~ ~ e,-902 +;-Q-7a
6,530 6,857 7,200 7,560 7,938 8,136
7/1/2023 6,710 7,046 7,398 7,768 8,156 8,564
Police Trainee * * ~ 3,4-1-0 ~ ~ ~ 4,-44&
3,573 3,752 3,940 4,137 4,344 4,561
Admin Clerk (4)
Admin Clerk II * * ~ ~ ~ ~ 4;()W ~
3,674 3,858 4,051 4,254 4,467 4,690
Admin Clerk I * * ~ ~ ~ ~ ~ ~
3,082 3,236 3,398 3,568 3,746 3,933
1 The Police Trainee position may be filled in lieu of Police Officer positions. The total number of Police Officers and Police Trainees shall not exceed the total number authorized for Police Officer. * Comment: Promotions to skill levels within the Adm in Clerk job classifications are made by the Police Chief with concurrence of the City Manager.
SEC. 4004 PART TIME & ELECTED EMPLOYEE CLASSIFICATIONS
Public Works Degartment -- Houri~ Sala[Y
EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP 3 STEP4 STEP5 STEP6 Admin Clerk 4-&.-00 ~ 4S,.§4 ~ ~ ~
FTE 17.78 19.00 20.00 21.00 22.00 23.00
Recreation Assistant 4-&.-00 ~ 4S,.§4 ~ ~ ~
FTE 17.78 19.00 20.00 21.00 22.00 23.00
Public Safe!~ Degartment -- Houri~ Salary
EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP 3 STEP4 STEP5 STEP6 Police Officer 2-1-,00 ~ ~ ~ ~ ~
FTE 37.67 40.00 42.00 44.00 46.00 48.00
Code Enforcement Officer ~ 48,.QQ ~ ~ ~ ~
FTE 27.18 29.00 30.00 32.00 34.00 36.00
Dispatcher 4-&.-00 ~ 4S,.§4 ~ ~ ~
FTE 26.24 28.00 29.00 30.00 32.00 34.00
Fire Fighter 4&.-44 ~ 4&-ee 4+.49 4-&3-7- ~
FTE 21.99 23.00 24.00 25.00 26.00 27.00
Maintenance Worker 4-&.-00 ~ 4S,.§4 4-+.-aS ~ ~
FTE 21.00 22.00 23.00 24.00 25.00 26.00
Community Services Officer 4-&.-00 ~ 4S,.§4 ~ ~ ~
FTE 19.27 20.00 21.00 22.00 23.00 24.00
Admin Clerk 4-§--00 ~ 4S,.§4 4-+.-aS ~ ~
FTE 17.78 19.00 20.00 21.00 22.00 23.00
Custodian 4-&.-00 ~ 4S,.§4 ~ ~ ~
FTE 17.78 19.00 20.00 21.00 22.00 23.00
Cit~ Hall Division -- Houri~ Sala[Y
EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP3 STEP4 STEP 5 STEP6 Admin Clerk 4-&.-00 ~ 4S,.§4 4-+.-aS ~ ~
FTE 17.78 19.00 20.00 21.00 22.00 23.00
Custodian 4-&.-00 ~ 4S,.§4 4-+.-aS ~ ~
FTE 17.78 19.00 20.00 21.00 22.00 23.00
Elected Officials -- Monthl~ Salary
Mayor 400.00 monthly
Council Members 300.00 monthly
City Clerk 100.00 monthly
City Treasurer 100.00 monthly
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98 EXHIBIT B
FULL-TIME EMPLOYEES
1. Effective as soon as administratively feasible following approval of the City Council, the City will provide a lump sum Essential Worker Payment of two thousand five hundred dollars ($2,500) for every full-time employee.
2. In addition to what is stated below, effective July 1, 2023 the City will provide a lump sum payment of one thousand dollars ($1,000) to all full-time employees. • Employees hired before January 1, 2021 will receive a lump sum payment of one thousand two hundred dollars ($1,200) for a combined amount of two thousand two hundred ($2,200).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of six hundred dollars ($600) for a combined amount of one thousand six hundred ($1,600).
PART-TIME EMPLOYEES
1. Effective as soon as administratively feasible following approval of the City Council, the City will provide a lump sum Essential Worker Payment of one thousand two hundred fifty dollars ($1,250) for every part-time employee.
2. In addition to what is stated below, effective July 1, 2023 the City will provide a lump sum payment of five hundred dollars ($500) to all part-time employees. • Employees hired before January 1, 2021 will receive a lump sum payment of six hundred dollars ($600) for a combined amount of one thousand one hundred ($1,100).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of three hundred dollars ($300) for a combined amount of eight hundred ($800).
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100
TO:
FROM:
DATE:
LOsBanos
A Cross1<uuls <~f CLil~j ,
Agenda Staff Report
Mayor Pro T em & City Council Members
Brent Kuhn, Interim Finance Director
November 16, 2022
SUBJECT: Authorizing two (2) new Housing/Homeless positions in the Community & Economic Development Department
TYPE OF REPORT: Agenda Item
Recommendation:
It is recommended that the City Council adopt a resolution authorizing the addition of two new housing/homeless positions and budget amendment increasing salaries and benefits in the Community & Economic Development Department. These new positions will be for a Housing Program Manager and a Homeless Outreach Coordinator.
Discussion:
Under the supervision of the Community and Economic Director, the Housing Program Manager will assist with low- and moderate-income people to secure and maintain quality, affordable housing through a wide range of programs and services, including public housing for families, seniors and the disabled; housing choice vouchers (Section 8); supportive housing services for special needs populations; rental assistance payments; and financial and technical assistance for moderate-income first-time homebuyers and low-income homeowners. Also, the Housing Program Manager will supervise the City's Homeless Outreach Program.
Under the direction of the Housing Program Manager, the Homeless Outreach Coordinator will act as an advocate for individuals experiencing homelessness in Los Banos. The Homeless Outreach Coordinator will assist clients with navigating additional systems of care, including housing, homeless certification, connections to various 101
service providers, and access to the Family Reunification Program. The Homeless Outreach Coordinator will work in partnership with behavioral health providers, social service agencies, the Homeless Outreach Team (HOT), and various levels law enforcement. The Homeless Outreach Coordinator will assist and provide clients with the resources, guides, and information about accessing services and other benefits unique to the homeless population through Street Case Management & Housing Navigation.
Fiscal Impact:
There is an estimated increase of $121,636 to salaries and benefits for the remainder of the fiscal year. A budget amendment will increase salaries in account 100-419-100-101 by $80,250, benefits in account 100-419-100-120 by $34,789 and PERS in account 100-419-100-121 by $6,597.
,~ . h)dLn, lnterirrl City Manager
Attachments: )
Resolution
Exhibit A
102
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING DIVISION 4,
SALARY SCHEDULE EMPLOYEE
CLASSIFICATIONS RELATING TO CHANGES TO
SECTION C COMMUNITY & ECONOMIC
DEVELOPMENT DEPARTMENT AND BUDGET
AMENDMENT
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the addition of two new housing/homeless positions in the Community & Economic Development Department to include a Housing Program Manager and a Homeless Outreach Coordinator; and
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2022-2023 budget and may adjust the overall appropriations levels in each fund at any time during the Fiscal Year by action to amend the budget; and
NOW, THEREFORE, BE IT RESOLVED that Division 4, Salary Schedule of the City Policy Manual is hereby amended to reflect the changes as listed above and is hereby approved as submitted as "Exhibit A" respectively; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Los Banos herby amends the Fiscal Year 2022-2023 budget by increasing expenditures in the Community & Economic Development Department as follows:
100-419-100-101 = $80,250
100-419-100-120 = $34, 789
100-419-100-121 = $6,597
The foregoing Resolution was intro·duced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:
AYES: Council Members
NOES:
ABSENT:
APPROVED:
103
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
104
EXHIBIT A
SECTION C - COMMUNITY & ECONOMIC DEVELOPMENT
TOTAL POSITIONS AUTHORIZED :f4) (6J
EMPLOYEE CLASSIFICATION AUTHORIZED
Housing Program Manager (1)
Homeless Outreach Coordinator : (1)
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
7,403 7,773 8,162 8,570 8,999 9,449
5,213 5,474 5,748 6,035 6,337 6,654
105
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TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor Pro Tern Lambert and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ November 16, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Consideration to Participate in the Merced County Sixth Cycle MultiJurisdictional Housing Element Recommendation:
Adoption of a Resolution to participate in the Merced County Multi-Jurisdictional Housing Element and cost sharing agreement with associated Budget Adjustment Background:
California Housing Element law requires every jurisdiction to prepare and adopt a Housing Element as part of its General Plan. Historically, in California, it is typical for each city or county to prepare and maintain its own separate General Plan and Housing Element. However, staff from the cities of Merced, Atwater, Livingston, Gustine, Los Banos, Dos Palos, and the County of Merced, are discussing embarking on the region's first Multi-Jurisdictional Housing Element (MJHE) for the sixth round of Housing Element updates. While legislative changes have increased the cost and complexity of the Housing Element since the fifth cycle, there are a number of advantages in pursuing a joint effort, including cost savings due to economies of scale and a cohesive approach to addressing new state requirements. As a result, Merced County as a region is exploring the potential through MCAG to develop a sixth cycle Multi-Jurisdictional Housing Element, as is currently being done in other Metropolitan Planning Offices (MPO) regions in the San Joaquin Valley.
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State Housing Element requirements are framed in Government Code, Sections 65580 through 65589, Chapter 1143, Article 10.6. The law requires the State Department of Housing and Community Development (HCD) to administer the law by reviewing Housing Elements for compliance with State law and by reporting its written findings to the local jurisdiction. State Housing Element law mandates that Housing Elements be updated every eight years. Additionally, a certified Housing Element is a key requirement to qualify for numerous state grants and funding.
Discussion:
The primary objective of the MJHE is, through a regional effort, to prepare individual plans for each jurisdiction with both regional and local components, addressing housing needs to be certified by the State. Due to timeline constraints, it is anticipated that any required rezone would be included as a program in the participating jurisdiction's Housing Element to be completed after adoption. The sixth cycle Housing Elements will cover the planning period of January 31, 2024, through January 31, 2032 and must be adopted and submitted to HCD for certification by February 18, 2024.
As the recipient and administrator of the Regional Early Action Planning (REAP) Grant
1.0 funds being used to help offset the cost of the MJHE, MCAG is offering to act as the fiscal agent and contract administrator for the MJHE. Several MPOs in the San Joaquin Valley are serving in similar capacities on behalf of their members agencies who have decided to pursue a MJHE this cycle. Merced County was encouraged by HCD to pursue this option, as it has been beneficial for other regions in the State.
MCAG coordinated with jurisdiction staff to develop a request for proposals for a consultant to develop the sixth cycle MJHE. Proposals were due September 30 and MCAG received one proposal. A consultant selection committee comprised of representatives from each participating jurisdiction evaluated the proposal and is recommending that the Governing Board at its December 15, 2022 meeting approve the contract. Tasks included in the preliminary scope of work are listed below.
Preliminary Scope of Work
• TASK 1. Project Management
o Project Management
o Working Group
• TASK 2. Data Gathering and Assessment
• TASK 3. Community Engagement
• TASK 4. Multi-Jurisdictional Housing Element Preparation o Countywide Housing Element Components
o Jurisdiction-Specific Housing Element Components
2 108
• TASK 5: Draft Housing Elements and Review
• TASK 6: Environmental Compliance
• TASK 7: Final Documents and Adoption
A kickoff meeting with the consultant and participating jurisdictions will be scheduled for January 2023. While the statutory deadline for the Merced region sixth cycle Housing Element update is February 18, 2024, there is a 120-day grace period. It's anticipated that all work will be completed by June 18, 2024.
Alternative to Not Participate in Multi-Jurisdictional Housing Element:
The City of Los Banos may choose to not participate in the Multi-jurisdictional Housing Element process and hire our own consultant. Staff has researched and reached out to consulting firms that prepare Housing Elements, and the estimated cost for Los Banos to prepare our own Housing Element would be approximately $200,000, which does not include the necessary City staff time to manage and coordinate project, which would require significant public outreach and engagement. One benefit to participating in the Multi-jurisdictional Housing Element would be the costs savings due to sharing costs with the other jurisdictions in Merced County.
Fiscal Impact:
Each jurisdiction will be responsible for a portion of their share of the MJHE. The consultant contract will be $1,030,743. Approximately $480,000 of MCAG's REAP 1.0 funding will go towards the joint effort. In addition, MCAG is requesting $35,000 for staff time to manage the contract and assist with project coordination. MCAG has coordinated with local jurisdictions to develop a draft cost sharing agreement for the remaining $585,743, which is included as an attachment to the Resolution.
Los Banos' total jurisdiction contribution will be $88,844. The fiscal impact in Fiscal Year 2022-2023 would increase expenditures by $44,422 to account 100-419-100-238 for Technical Services. The remainder of Los Banos' contribution will be from Fiscal Year 2023-2024 and will be included in that respective budget.
Next Steps:
The deadline to receive direction from each jurisdiction's governing board is December 1, 2022, and the monetary deposit to participate will be due December 30, 2022. MCAG staff will request the MCAG Governing Board to authorize the MCAG Executive Director to enter into an agreement with the preferred consultant at the December 15, 2022 meeting.
3 109
Brent Kuhn, Interim Finance Director
1. MJHE Info Sheet
2. Proposed Resolution
Cost Sharing Arrangement
4 110
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS TO PARTICIPATE IN THE
MERCED COUNTY MUL Tl-JURISDICTIONAL
HOUSING ELEMENT, COST SHARING
AGREEMENT, AND ADOPTING A REVISED
BUDGET FOR FISCAL YEAR 2022-2023 AS IT
PERTAINS TO EXPENDITURES
WHEREAS, Government Code Section 65588 requires local agencies to review and revise their Housing Elements to their comprehensive General Plan in compliance with Section 65580 through 65589, Chapter 1143, Article 10.6; and WHEREAS, the Merced County Association of Governments (MCAG) is a Joint Powers agency created by the six incorporated cities in Merced County and the County of Merced, pursuant to Government Code Sections 6500 et. Seq.; and WHEREAS, the local governmental agencies in Merced County have requested MCAG to hire a consultant to perform a coordinated update to the Housing Element of each local agency's General Plan at no cost to MCAG; and WHEREAS, MCAG engaged the Regional Early Action Planning (REAP) Work Group consisting of the local member agencies to review the Request for Proposal, evaluate bids, select a consultant, develop a cost sharing arrangement and make a recommendation to the MCAG board to hire the consultant; and WHEREAS, the cost sharing arrangement includes the cost of the consultant and $35,000 to cover MCAG administration; and
WHEREAS, each participating member agency agrees to provide MCAG a deposit by December 30, 2022, in the amount specified in the cost sharing agreement to assist with cash flow; and
WHEREAS, each participating member agency agrees to reimburse MCAG for the cost of the Merced County Multijurisdictional Housing Element in accordance with the cost sharing arrangement attached herein; and
WHEREAS, time is of the essence and each participating member agency agrees to facilitate the flow of information to the consultant to provide a timely report; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
1 111
WHEREAS, the proposed budget increase is $44,422 in expenditures for Technical Services account (100-419-100-238); and
WHEREAS, the funds are available for transfer from the General Fund Account; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby agree to participate in the Merced County Multi-jurisdictional Housing Element and Cost Sharing Agreement, and adopts a revised budget for Fiscal Year 2022- 2023 as it pertains to expenditures.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of November 2022, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
2 112
EXHIBIT A
COST SHARING ARRANGEMENT
Contribution•• Base Cost••• Pro Rata Cost Admin ••••
$38,000 $5 5,000
$38,000 $5,695 $5,000
$38, 000 $14, 522 $5000
$38,000 $31,606 $5,000
$38,000 $45,844 $5,000
$38,000 $89,267 $5,000
$38,000 $92,114 $5,000
Total $1,030,743 $480,000 $266,000 $284,743 $35,000
.. The contrtb utlon from REAP 1 Is anticipated to be $480,000 • October 31, 2022
Cash Flow
20%Deposlt
$9,739
$9,739
$14,9 1
$17,76
$26,453
$27,023
$117,149
... The consultant cost per Jurisdictions for the $1,030,743 contract will be $550,743 (after the $480,000 REAP contribution and before addinc MCAG admln). The $550,479 local contribution Is spilt approximately 50/50 between a base cost (column D) and pro rata cost (column E) for each Jurisdiction. ••••MCAG admln is distributed evenly amongst Jurisdictions as the staff time to administer wilt be r-elatlvely even across all jurisdictions. 3 113