EXHIBIT D
B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.
Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
449
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
City of Los Banos
24-ERF-3-R-100010
1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.
2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).
3. Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.
4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.
5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
450
EXHIBIT E
City of Los Banos
24-ERF-3-R-100010
6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1 (d), HCD has authority to:
A Monitor grantee performance.
B. Require a grantee not meeting goals to accept technical assistance from the Department.
C. Limit the allowable uses of program funds for a grantee that is not meeting goals.
7. Grantees will be provided reasonable notice and HCD's discretion in making these determinations are absolute and final.
8. Non-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature's ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.81 Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
451
. 452
EXHIBITD
Central California Alliance for Health Funding Requirements ;TOBE ADDED
83727 .00003\43236140. l 24
453
454
EXHIBIT D
LETTER OF AGREEMENT FOR THE ALLIANCE HOUSING FUND
SANTA CRUZ-MONTEREY-MERCED-SAN BENITO-MARIPOSA MANAGED MEDICAL
CARE COMMISSION
AND
CITY OFLOS BANOS .. ~·- . -
This Letter of Agreement for the Alliance Housing Fund ("Agreement"), effective upon the date of the last signature ("Effective Date"), is entered into between Santa Cruz-Monterey-Merced-San Benito-Mariposa Managed Medical Care Commission, operating as Central California Alliance for Health ("Alliance"), having a principal place ofbusiness at 1600 Green Hills Road, Suite 101, Scotts Valley, CA 95066-4981, and City ofLos ··Banos ("Partner"), having a principal place of business at §2oi Street Los Banos CA 93635. • ~--·• ·--• . • ·•• - • ' •~~- • ' ••• n .• • • •• ••• • ~• • •• •• •• • > ,:,. ,_;,, ,_;_ ., __ ,_ - • • ·••--·...:..... • •• Recitals
Whereas, the Alliance has established the Alliance Housing Fund ("Alliance Housing Fund") to offer awards to health care providers and community organizations to support efforts that advance the Alliance mission to provide accessible, quality health care guided by local innovation in the Alliance's service area;
Whereas, the Alliance may award Alliance Housing Fund funds to Alliance contracted providers and non-contracted organizations;
Whereas, the Alliance has agreed to award Partner Alliance Housing Fund funds, contingent upon Partner's performance as set forth herein, to be used by Partner for the purpose of performing the project described in the Statement of Work attached as Exhibit 1 (the "Project") and Partner desires to receive Alliance Housing Fund funds from the Alliance for performing the Project; Now Therefore, the Alliance and Partner agree that all funds awarded to Partner under the Alliance Housing Fund shall be subject to the terms and conditions of this Agreement.
1. Alliance Housing Fund Background. The Alliance established the Alliance Housing Fund to fund projects in the areas of permanent housing, recuperative care, and short-term post-hospitalization housing. The Alliance earned funds from the Housing and Homelessness Incentive Payment Program ("HHIP"), a voluntary incentive program that enabled Medi-Cal managed care plans ("MCPs") to earn incentive funds for making progress in addressing homelessness and housing insecurity as social determinants of health. The Alliance shall utilize HHIP funds earned by the Alliance to fund the Alliance Housing Fund in a manner consistent with the terms of HHIP, any terms imposed as a condition of federal approval of HHIP, and any Department of Health Care Services ("DHCS") guidance related to HHIP. The Alliance may also utilize funds from the Alliance's Medi-Cal Capacity Grant Program ("MCGP") to fund the Alliance Housing Fund as the Alliance deems appropriate. The Partner submitted a letter of intent to the Alliance containing Partner's gaps and needs information ("Letter of Intent"), which the Alliance relied upon in determining the terms of this Agreement, including but not limited to the terms of the Statement of Work attached to this Agreement as Exhibit 1 and hereby Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 1 of28
455
incorporated by reference ("SOW"). The actual amount of the funds awarded to Partner ("Award") shall be determined by and contingent upon Partner's completion of the Project as outlined in the SOW.
2. Statement of Work. Subject to the terms and conditions stated in this Agreement, the Alliance agrees to provide the Award to Partner for completing the Project described in the SOW. Partner represents and warrants to the Alliance that: (i) Partner's performance under this Agreement shall be conducted with due diligence and in a competent, efficient, timely manner, and in full compliance with the highest professional standards of practice in the industry; (ii) if Partner's work requires any licenses, Partner has, or will have prior to commencement, obtained all such licenses and all such licenses shall be in full force and effect during the Funding Term; (iii) the Project, when completed, will be in conformity with all of the requirements set forth in this Agreement and will be free of material errors or defects.
3. Liaisons. The Alliance and Partner will each designate a liaison(s) to serve as a point of contact for activities performed related to this Agreement ( each, a "Liaison") as set forth in the applicable SOW.
4. Utilization and Amount of Award. The amount of the Maximum Award shall be set forth in the SOW reflects the Project funding needs described in Partner's Letter of Intent. Partner acknowledges and agrees that the actual Award shall be granted in consideration of and on condition that Partner expends Award funds only for the purpose of performing its obligations as set forth in this Agreement. To the extent that Partner anticipates it will be unable to utilize or does not actually utilize any portion of the Award funds to perform the Project in conformance with the terms of this Agreement, the SOW, and the Project Plan, Partner shall notify the Alliance and return any such Award funds.
Partner agrees to assume any obligation to furnish any additional funds that may be necessary to complete and maintain the Project described in this Agreement and the SOW.
All costs accrued prior to the Effective Date are not eligible for reimbursement unless specifically provided for in the terms of the SOW.
5. Payment Schedule. The schedule for the payment of the Award is set forth in the sow.
6. Payment Documentation. The timing, scope, and format of the documentation that Partner shall provide to the Alliance to request funds is set forth in the SOW. The Alliance reserves the right to request additional documentation as it deems necessary to validate the use of Award funds, either before or after use by Partner, and shall have the right at its sole discretion to withhold any payment pending any questions that it may have regarding the use of funds. The Alliance reserves the right to enter into a separate agreement with a third party to ensure that the covenants of this Agreement are met by the Partner, including but not limited to those of the SOW.
7. Recoupment. Should Partner only partially achieve certain Milestones despite Partner's good faith attempt to complete the Milestones in their entirety, the Alliance may assess whether and to what extent partial payment is appropriate. If the Alliance determines Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 2 of28
456
that the Partner's partial Milestone achievement effectively supports Project goals, then the Alliance may, at its sole discretion, award partial payment in an amount the Alliance deems appropriate for the Partner's contribution to the Project goals. Notwithstanding the foregoing, the Alliance shall be under no obligation to award partial payments for incomplete Milestones. It is at the Alliance's sole discretion to determine if Partner must return part or all of any Award payment for partially-completed Project Milestones. Partner agrees to return any Award payments that Partner already received under this Agreement for incomplete Milestones as the Alliance may direct, even if such funds were properly used.
8. Disputed Amounts. The Alliance shall be permitted to withhold payment of any amounts for which the Alliance, in good faith, disputes or contests, including reducing such payment amounts by a recoupment consistent with the above terms. In the event of a good faith dispute pursuant to which the Alliance believes it is entitled to withhold or recoup payments, the Alliance may withhold payment of the disputed amount provided that, within thirty (30) calendar days following the Alliance's receipt of the progress or final report which initiates the interim or final payment and which the Alliance in good faith deems to be in dispute, the Alliance shall notify Partner in writing with a detailed explanation stating the factual basis for the Alliance's withholding or recoupment of payment. To contest such withheld amounts, Partner must, within ten (10) calendar days following receipt of the Alliance's notice of disputed amounts, respond to the Alliance in writing with a detailed explanation stating the factual basis, if any, for Partner, in good faith, demanding payment on any amount in dispute. Parties shall negotiate in good faith to resolve the dispute before pursuing other available legal remedies.
9. Permissible Use of Funds. Award funds may only be used for the purpose of paying expenses that are actually incurred by Partner in carrying out the SOW and Project Plan during the 39-month period for which the Award has been provided, or during such other period of time as the Alliance may explicitly agree to in this Agreement or the final approved Project Plan. Expenses that may be funded by Alliance Housing Fund funds are those described in the final approved Project Plan. Partner is responsible for ensuring that actual expenditures are for eligible Project costs.
a. Funds may be used for capital expenditures only, which can include equipment and furnishings that are necessary for the delivery of care or equipment essential to the operation of the facility. However, funds cannot be used for the following purposes, and any amounts budgeted for such unapproved uses will be deducted from payment amounts awarded hereunder:
1. The Award cannot be used for rental subsidies, operating costs, or services.
11. No part of the Award may be used to fund administrative services or other operating expenses of the Partner, regardless of whether such administrative services or other operating expenses would be utilized to support the completion of the Project.
Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 3 of28
457
111. No part of the Award may be used to fund expenses related to religious activities, lobbying, or political action by the Partner. 1v. Unless specifically provided for in the terms of the approved Project Plan or SOW, in the event that the Award provides funding for a project that was already in progress on the Effective Date, no part of the Award may be used to fund costs accrued for activities completed or costs incurred prior to the Effective Date.
v. Partner may not use Award funds to cover expenditures that have already been funded through other sources.
v1. All Project-related costs are site-specific, and must relate to, occur, or be used at the single proposed site that is contained in the Agreement.
10. Reporting. Partner shall provide the Alliance with two progress reports due upon completion of each Milestone phase as indicated in the Payment Schedule set forth in the SOW. Partner shall also provide a final report due one (1) calendar year from the Phase Three Completion Date, but in any event no later than the end of the Funding Term. The reporting templates will be provided by the Alliance and available on the Alliance's online incentives portal. Partner will submit the progress and final reports through the Alliance's online incentives portal. Failure to submit these report(s) will be considered a material breach of this Agreement, may delay interim or final payments of the Award and may disqualify Partner from receiving future funding from the Alliance.
11. Evaluation and Monitoring. The Alliance may monitor and conduct evaluation of operations under this Agreement. This may include a visit from Alliance staff to observe the Partner's operations related to the Project and the Award, discuss the Project and program activities with the Partner's personnel, and review financial or other records and materials connected with the Project activities financed by the Award.
12. Corrective Action. While uncommon, there may be extraordinary and rare circumstances in which the Alliance deems it necessary or desirable to utilize a corrective action plan for modifying the Agreement terms to facilitate the Partner's compliance with its terms, including adjustment of Milestones, the amount of the Award, completion documentation, and/or extension of completion dates. Partner shall promptly notify the Alliance if Partner anticipates it will not timely achieve any Milestones outlined in the SOW in their entirety, along with a written explanation and any documentation supporting the reasons for Partner's delay. Circumstances within Partner's control shall not in themselves be considered sufficient justification for granting a corrective action. Partner noncompliance with modified terms under a corrective action plan shall result in termination of this Agreement consistent with Sections 12 and 18, except to the extent that the Alliance elects to further modify the terms of the Agreement in accordance with the foregoing.
13. Bad Faith Recoupment. The Alliance reserves the right to request additional documentation as it deems necessary to validate Partner's use of the Award, either before Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 4 of28
458
or after Partner's use. If the Alliance reasonably determines that Partner is in breach of Partner's implied covenant of good faith and fair dealing by failing to take reasonable steps to achieve Milestones or deliver the deliverables, then the Alliance may, in its sole discretion, recoup, withhold, or reduce all or part of any Award payment, as applicable.
14. Compliance with Other Obligations. Partner shall comply with laws and regulations and any regulatory agreements, commitments or undertakings that are imposed on Partner as a result of its receipt of funding from other sources pursuant to Sections 17, 21, 24, and the SOW.
15. Books and Records. Partner agrees to maintain satisfactory financial accounts, documents, and records in connection with the Award and make them available to the Alliance, the State of California, the United States Department of Health and Human Services, the Comptroller General of the United States, or as otherwise required by law.
Partner also agrees to retain such financial accounts, documents and records for three (3) calendar years following termination of this Agreement. Partner agrees to maintain and make available for inspection by the Alliance accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.
16. Funding Promotion. Any materials used to advertise, announce, or otherwise inform the public of the receipt of the funding provided for hereunder shall describe the funding and the work funded by the Alliance accurately, and in a way that conforms to the purpose statement in the SOW. Any such materials that mention or include information about the Alliance shall refer to the health plan as "Central California Alliance for Health (the Alliance)" on first usage and "the Alliance" thereafter. Any published list of funders who have supported activities related to this funding must include the Alliance. Funded organization must inform the public about the Alliance's funding through the use of signage, acknowledgement in published materials, news media, social media, websites, or other public announcements, as applicable. All materials produced in accordance with this Agreement (including but not limited to training curriculum, agendas, newsletters, flyers, brochures, reports, and videos, etc.) shall contain a statement that the material is funded through the Alliance. Funded organizations who receive funding for the purpose of constructing or renovating a building must memorialize Alliance financial support with a plaque. Funded organizations must refer to the Alliance's Promotion Toolkit for Funded Partners for instruction on the required promotional verbiage, use of Alliance name. and Alliance logo in promotional activities. If a funded organization wishes to execute promotional activities or communication not included in the toolkit, the funded organization must obtain written approval of communication materials promoting Alliance funding prior to engaging in these efforts or activities. 1 7. Legal Compliance.
a. Applicable Law. Partner shall perform its obligations under this Agreement at all times in strict accordance with all applicable federal, state, and local laws, including, but not limited to, Prevailing Wage Laws, equal opportunity laws, disability rights legislation, general procurement standards, contract work hours and safety standards, ordinances, regulations, HIP AA, and DHCS guidelines.
Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 5 of28
459
Additionally, this is a publicly-funded Project and is subject to all state and local laws and regulations for public works, including, without limitation, California Labor Code Section 1720, et seq. and Public Contract Code § 1100 et seq. ("Prevailing Wage Laws"). Partner understands that such laws and regulations include exemptions that may apply to the Project, but Partner will assume responsibility for and indemnify the Alliance relating to such laws as such may be applicable to the Project.
b. Disallowed Funds. With respect to Award funds, if any, which are ultimately provided by the State or Federal government, Partner agrees that if Partner claims or receives payment from the Alliance for an eligible expense, payment, or reimbursement of which is later disallowed by the State or Federal government, Partner shall promptly refund the disallowed amount to the Alliance upon the Alliance's request. At its option, the Alliance may offset all or any portion of the disallowed amount against any other payment due to Partner hereunder or under any other agreement. Any such offset with respect to a portion of the disallowed amount shall not release Partner from Partner's obligation hereunder to refund the remainder of the disallowed amount.
18. Term and Termination.
a. This Agreement shall be effective on the Effective Date and shall automatically expire thirty-nine (39) months after the Effective Date unless earlier terminated by the parties as permitted herein ("Funding Term"). This Funding Term accounts for the activity period to perform the Project activities and an additional three months for reporting and payment after completion of all Project Milestones as set forth in the SOW.
b. The Alliance may terminate this Agreement for cause at any time upon written notice to Partner. Cause includes but is not limited to the following: (i) Partner fails to comply with the terms of this Agreement, including any failure to timely complete the Milestones or failure to satisfy the conditions precedent to disbursement of Award funds; (ii) Partner is unable to or is reasonably anticipated to be unable to complete the Project as set forth in the SOW; (iii) Partner ceases its plans to utilize or discontinues its utilization of the facility to serve Medi-Cal eligible recipients prior to reaching assigned capacity, or otherwise materially curtails operations necessary for completion of the Project; (iv) the Alliance determines that any material fact or representation made or furnished to the Alliance by Partner in connection with its application or Letter of Intent was untrue or misleading at the time that such fact or representation was made known to the Alliance, or subsequently becomes untrue or misleading; or (v) the Alliance discovers that Partner has concealed any material fact from the Alliance related to the Letter of Intent, this Agreement, or the Project.
c. The Alliance may terminate this Agreement or cease providing payments hereunder in the event that the Alliance determines, in its sole discretion: (i) that further payments as set forth in this Agreement could violate laws or regulations, including Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 6 of28
460
laws or regulations in existence on the Effective Date that may have been clarified or subject to new or changed interpretation, or (ii) in the event of a natural disaster or other event that causes the Alliance to be unable to fulfill its commitment hereunder.
d. This Agreement and the Alliance's obligation to make further payment hereunder shall terminate immediately in the event that Partner ceases operations or in the event of Partner's insolvency, which insolvency shall be considered to have occurred when Partner makes an assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, if a receiver or trustee is appointed with respect to a substantial part of such other party's property, or a proceeding is commenced against it which will substantially impair Partner's ability to complete the Project described in the SOW. The Alliance reserves the maximum rights it is entitled to under any law and under the terms of this Agreement to seek return of any payments made prior to Partner's cessation of operations or insolvency, and to ensure that no funds provided pursuant to this Agreement, no matter when they were provided, shall be used for the purpose of paying Partner's general creditors or for any purpose other than as specifically set forth in the SOW.
19. Effect of Termination. In the event of termination, this Agreement shall terminate and have no further force or effect with respect to either party as of the termination date, except that all obligations arising or accruing prior to termination, including requirements regarding the use or return of Award funds, shall be performed in accordance with the terms of this Agreement and shall survive termination. Termination or expiration of this Agreement shall not affect Partner's obligations under Sections 6-8 and Sections 13-43 of this Agreement, Useful Life obligations in the SOW, or any other obligation that, by its nature, is intended to survive termination or expiration of this Agreement. Upon any termination by the Alliance for cause, Partner shall return any unexpended Award funds to the Alliance within thirty (30) calendar days of the Alliance's written notice of termination, unless the Alliance has approved an alternate arrangement in advance and in writing, as provided below. Such termination will not limit any other remedies that may be available to the Alliance under this Agreement, at law, or in equity.
20. Remedies.
a. In the event that Partner is unable to provide documentation evidencing that Partner utilized Award funds for the sole purpose of completing the Project in accordance with the SOW, Partner shall return such portions of the Award funds to the Alliance for which Partner is unable to provide supporting documentation within thirty (30) business days of the Alliance's request.
b. In the event Partner fails to timely complete the Project Milestones set forth in the SOW, the Alliance may require Partner to return any Award funds that Partner has Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 7 of28
461
already received under this Agreement, even if such funds were properly used.
Partner's specific obligation to return funds is further set forth in the SOW. c. In addition to any other provision of this Agreement, if the Alliance determines, in its sole discretion, that Partner has violated or failed to carry out any provision of this Agreement, including but not limited to failure to provide documentation provided for in Section 6 and Section 10 of this Agreement and the SOW, the Alliance may, in addition to any other legal remedies it may have, refuse to make any further Award payments to Partner or on Partner's behalf under this or any other grant agreement, and may demand the return of all or part of the Award funds previously received by Partner or any third-parties on Partner's behalf, which Partner shall immediately pay to the Alliance. The Alliance may also avail itself of any other remedies available under the law.
21 . Other Capital Implementation Terms and Conditions; Return of Funds. Partner agrees that its receipt of funds is conditioned on meeting the applicable requirements of this Section 21. To the extent that the requirements in this Section 21 are applicable to the Project funded under this Agreement, if Partner fails to meet any of these Section 21 requirements, the Alliance may withhold payment hereunder and may, in its sole discretion, exercise any available legal or equitable rights applicable to Partner's return of Award funds received by Partner hereunder. Partner shall provide the Alliance with such documentation as the Alliance may request from time to time during the Funding Term that demonstrates to the satisfaction of the Alliance that Partner has satisfied and will satisfy all the applicable requirements set forth in this Section 21. a. Additional Financial Commitments. Partner represents that the Award Amount received hereunder represents no more than 50% of total Project costs, and that the remaining 50% of funding necessary to complete the implementation of the Project will come from sources other than the Alliance, such as through third-party donations, in-kind products and/or services, cash or documented loans or lines of credit, and/or other state, local, or grant funding.
b. Proof of Ownership, Lease Agreement, or Intent to Purchase. Partner warrants and represents that it has secured long-term rights to use the site-specific facility described in the SOW for which the Maximum Award was determined, and provided the Alliance with proof of such rights by one of the following means:
1. Partner has furnished proof of its legal ownership of the land and/or facility to the Alliance; or
11. Partner has secured a long-term lease agreement for the facility and provided a copy of the lease to the Alliance; or
111. Partner has proposed funding for the acquisition of the land and/or the facility and provided a binding letter of intent to purchase the land and/or facility to the Alliance.
Letter of Agreement: Alliance Housing Fund
Last revised 01/21/25 Page 8 of28
462
c. On-Site Services for Transitional/Permanent Supportive Housing. If Partner has received an Alliance Housing Fund Award for a permanent supportive housing project, Partner represents that medical and/or social supportive services will be available to medically fragile Medi-Cal residents with complex needs at the proposed site, which shall be funded by sources other than the Alliance Housing Fund or other Alliance grant programs.
d. Useful Life. Partner represents that the completed Project facility will serve MediCal eligible individuals as set forth in this Agreement, including meeting the Minimum Medi-Cal Occupancy requirements defined in the SOW, for a period of not less than ten (10) years from the Phase Three Completion Date ("Useful Life").
If the facility ceases to service Medi-Cal eligible individuals in accordance with this Agreement prior to the end of the Useful Life, Partner shall provide the Alliance with at least ninety (90) days advance notice prior to the date upon which the facility ceases to service Medi-Cal eligible individuals. In the event that the Partner ceases using the facility to serve Medi-Cal eligible individuals as required under this Agreement or reduces the availability of units for Medi-Cal eligible individuals below the required Minimum Medi-Cal Occupancy, Partner shall pay to the Alliance a prorated portion of the Award amount, as follows:
1. Less than Three Years. If Partner maintains the Minimum Medi-Cal Occupancy standard for less than three years after receipt of the final payment, Partner shall pay the Alliance an amount equal to 80% of the Award amount.
11. Less than Five Years. If Partner maintains the Minimum Medi-Cal Occupancy standard for three or more but less than five years after receipt of the final payment, Partner shall pay the Alliance an amount equal to 50% of the Award amount.
iii. Less than Seven Years. If Partner maintains the Minimum Medi-Cal Occupancy standard for five or more but less than seven years after receipt of the final payment, Partner shall pay the Alliance an amount equal to 20% of the Award amount.
1v. Less than Ten Years. Partner maintains the Minimum Medi-Cal Occupancy standard for seven or more but less than ten years after receipt of the final payment, Partner shall pay the Alliance an amount equal to 10% of the Award amount.
v. Waiver of Repayment Obligation. In the event that Partner fails to maintain the Minimum Medi-Cal Occupancy standard or fails to continue using the facility for the benefit of Medi-Cal eligible individuals during the Funding Term, the Alliance may waive all or some of Partner's repayment obligation Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 9 of28
463
if the Alliance determines, in its sole discretion, that such failure 1s attributable to circumstances that are beyond Partner's control. v1. Serving Medi-Cal Eligible Individuals at a Different Facility. The Alliance may waive Partner's repayment obligation if Partner ceases to occupy the facility but continues to make the same number of Minimum Medi-Cal Occupancy units available to Medi-Cal eligible individuals without interruption at a different facility that has at least the capacity as the facility for which Partner has received an Award hereunder, and that is within the service area of the Alliance (i.e., the Counties of Mariposa, Merced, Monterey, San Benito, and Santa Cruz).
v11. Operation of Facility by Third Party. If Partner sells the facility or leases or subleases the facility to a third party or enters into any transaction through which Partner no longer owns or leases or has responsibility for and control of the operation of the facility as contemplated herein, Partner shall pay to the Alliance the applicable prorated amounts set forth in this Section 21 unless such third party agrees in writing to, and is deemed by the Alliance, in its sole discretion, to be qualified to continue serving Medi-Cal eligible individuals at Minimum Medi-Cal Occupancy levels under the same terms and conditions that Partner has agreed to as set forth herein. Partner shall provide the Alliance with at least ninety (90) days advance notice of a transaction described herein.
22. Notices. All notices required or permitted by this Agreement shall be in writing and may be delivered in person or may be sent by registered or certified mail, return receipt requested, or U.S. Postal Service Express Mail, with postage prepaid, or by Federal Express or other overnight courier that guarantees next day delivery. Unless otherwise stated in the SOW, notices shall be sent to the address of the receiving party's principal place of business. Either party may change the address for notice by giving written notice to the other party. Changes to either party's notice address or Liaison shall not require an amendment to this Agreement.
23. Taxes. Partner shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Project, the Award, or any of the activities contemplated by this Agreement.
24. Compliance with Services Agreement. If Partner is a party to any other agreement(s) with the Alliance, Partner shall comply with all of the requirements in such agreement(s), including any nondiscrimination provisions.
25. Use of Subcontractors. As between Alliance and Partner, Partner shall be responsible for the acts, defaults and omissions of any subcontractor or its agents or employees as fully as if they were the acts, defaults or omissions of Partner. Partner shall ensure that its subcontractors comply with all of the terms of this Agreement, insofar as Letter of Agreement: Alliance Housing Fund
Last revised 01/21/25 Page 10 of28
464
they apply to the subcontracted portion of the Project. All references herein to duties and obligations of Partner shall be deemed to pertain also to all subcontractors to the extent applicable. A breach by any subcontractor shall be deemed to be a breach hereunder.
Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and Alliance. Each subcontract shall incorporate all of the terms of this Agreement to the extent they apply to the subcontracted portion of the Project. Without limiting the scope of the foregoing, Partner shall ensure that each subcontract shall provide the Alliance, the audit and inspection rights set forth herein. Upon the request of Alliance, Partner shall promptly furnish to the Alliance true and correct copies of each subcontract permitted hereunder.
26. Liability of Alliance. THE ALLIANCE'S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE AWARD.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO
EVENT SHALL THE ALLIANCE BE LIABLE, REGARDLESS OF WHETHER ANY
CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENT AL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT OR THE PROJECT PERFORMED IN CONNECTION WITH THIS AGREEMENT.
27. Indemnification. Partner, at its own expense, agrees to defend, indemnify, and hold harmless the Alliance and the Alliance's affiliates, subsidiaries, directors, officers, employees, representatives, and agents from and against any and all liabilities, losses, costs, expenses (including, without limitation, attorneys' fees), damages, claims, suits, and/or demands (including, without limitation, those based on the injury to or death of any person or damage to property), directly or indirectly arising out of, or resulting from, (i) any act or omission of Partner related to any of its obligations performed hereunder, (ii) any breach of Partner's representations or warranties set forth in this Agreement, and/or (iii) any actual or alleged infringement, misappropriation, or other violation of any third-party rights or any laws or regulations relating to Partner's performance of its obligations under this Agreement.
28. Debarment and Suspension Certification. Partner hereby certifies that neither it nor any of its principals, owners, employees or subcontractors (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a covered transaction by any federal department or agency, or is excluded as the result of state or federal action from participation in any federally-funded health care program; (b) has within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against it or them for (i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, (ii) violation of federal or state antitrust statutes or (iii) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in clause (b) above; or (d) has within a three-year period preceding this Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 11 of28
465
Agreement had one or more public transaction (federal, state or local) terminated for cause or default. (The terms "covered transaction", "debarred", "suspended", "ineligible" and "voluntarily excluded" have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.) Partner shall provide immediate written notice to the Alliance if at any time the foregoing certification becomes erroneous. Upon the request of the Alliance at any time during the term of this Agreement, Partner shall update and reissue such certification. Partner further agrees that it will obtain from all subcontractors to whom Partner subcontracts any portion of the Services, if any, such subcontractor's written certification of, and agreement to, the matters set forth in this paragraph, in a form acceptable to the Alliance.
29. Insurance. At all times during the Term and for such period of time thereafter as required for Partner to maintain Insurance Coverage with respect to all of the Services performed hereunder and all of Partner's (and its employees') acts and omissions in connection with this Agreement, Partner shall maintain in full force and effect the following types of insurance to insure against risks or liability ( collectively, "Insurance Coverage"):
a. Commercial General Liability Insurance, including premises liability, products liability (if products are being provided), completed operations coverage, and contractual liability, with minimum limits of $1,000,000 per occurrence, $2,000,000 policy aggregate, including bodily injury (including death) and property damage, covering all of Partner's operations under this Agreement (which insurance shall be provided on an "occurrence" form).
b. Commercial Automobile Liability Insurance, with minimum limits of $1,000,000 per occurrence, combined single limit, for bodily injury (including death) and property damage, covering all owned, non-owned and hired automobiles. c. Workers' Compensation, with minimum limits as required by law, and Employer's Liability insurance (if applicable) with the following minimum limits: (1) Bodily Injury by accident: $1,000,000 each accident; (2) Bodily Injury by disease:
$1,000,000 each employee; and (3) Bodily Injury by disease: $1,000,000 policy limit.
If, in any of the foregoing cases, Partner has procured a claims-made based policy (or policies) and such policy ( or policies) are cancelled or not renewed, Partner agrees to exercise any option contained in said policy (or policies), or otherwise obtain tail coverage, that extends the reporting period for a period of at least four ( 4) years after the termination or expiration of this Agreement.
None of the foregoing requirements as to the type and limits of insurance to be maintained by Partner are intended to and should not be construed as limiting in any manner Partner's obligations under this Agreement.
Each of Partner's insurance policies shall: (i) be issued by companies that have an A. M. Best rating of not less than "A-", and are in a size category which is not lower than "VIII"; (ii) be primary and noncontributory with any of the Alliance's insurance; (iii) add the Alliance as an Letter of Agreement: Alliance Housing Fund
Last revised O 1 /21/25 Page 12 of28
466
additional insured (except workers compensation and errors and omissions coverages); and (iv) not be cancelled or non-renewed except upon at least thirty (30) days' prior written notice to the Alliance. Upon or prior to the full execution of this Agreement, and upon expiration or renewal of any required certificate or endorsement, Partner shall provide to the Alliance certificates evidencing all insurance and endorsements required by this Section 29. Certificates and endorsements shall be submitted electronically to: [email protected].
Notwithstanding anything else, if Partner fails to so provide the Alliance with any such certificates, the Alliance may withhold payment of any amounts that are otherwise due to Partner until up to thirty (30) calendar days after such certificates are provided to the Alliance, and/or terminate this Agreement immediately upon notice.
As provided in California Government Code Section 990, the State of California authorizes local public entities to insure for risks and liabilities. Accordingly, Partner is self-insured for all risks typically associated with the Insurance Coverage set forth in this Section 29.
30. Conflict of Interest. Partner hereby certifies that it has read and is aware of the provisions of California Government Code Section 1090 et seq., the California Political Reform Act (California Government Code Section 81000 et seq.), and Title 22 California Code of Regulations (CCR) Section 53600 relating to conflict of interest of public officers and employees. Partner agrees that it is unaware of any financial or economic interest of any public officer or employee of the Alliance relating to this Agreement. Notwithstanding any other provision of this Agreement, it is further understood and agreed that if such financial interest does exist at the inception of this Agreement, the Alliance may immediately terminate this Agreement by giving written notice thereof.
31. Equitable Remedies. Partner acknowledges and agrees that the Alliance may suffer immediate, irreparable harm in the event Partner fails to comply with its obligations under this Agreement, and monetary damages may be inadequate to compensate the Alliance for such breach. Partner agrees that the Alliance will be entitled to seek a judicial temporary restraining order, preliminary injunction, or other equitable relief against Partner (without the requirement of posting a bond or other form of security) to enforce the terms of this Agreement.
32. Arbitration. Any controversy, dispute or claim of whatever nature and irrespective of the facts or circumstances or the legal theories advanced shall be resolved by binding arbitration at the request of either Party. A single neutral arbitrator shall be appointed. The arbitration shall be administered by JAMS and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. Such arbitration shall occur in Santa Cruz, California. The arbitrator shall apply California substantive law and federal substantive law where state law is preempted. The Federal Arbitration Act, 9 U.S.C. § 1- 16, shall also apply. The arbitrator shall prepare in writing and provide to the Parties an award including factual findings and the legal reasons on which the award is based. The arbitrator may award compensatory damages as permitted by law, but exemplary or punitive damages shall not be awarded. The Parties shall divide equally the cost of the arbitration, including, but not limited to the arbitrator's fee and any related administrative fees and charges. The Parties shall each bear their respective attorneys' fees and costs incurred in the arbitration. The arbitration and any information obtained in connection with Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 13 of28
467
this Agreement or through discovery as set forth in this Section 32 shall be confidential and neither the Parties nor the arbitrator may disclose such information to third parties without the written consent of the Parties, except that the Parties may disclose such information as necessary to seek confirmation of the arbitration award, to enforce any judgment entered on account of the award or as otherwise is required by law; however, the Parties may make such disclosure as is necessary to their respective auditors, accountants, attorneys and insurers.
33. Independent Partners. The parties hereto are independent contractors and neither the Alliance nor Partner is an agent or employee of the other.
34. Taxpayer Identification Number and Certification. Upon execution of this Agreement, Partner shall complete and deliver to the Alliance the IRS Form W-9, Request for Taxpayer Identification and Certification.
35. Time is of the Essence. Time is of the essence with respect to Partner's performance of the Services and delivery of the Deliverables. FAILURE TO SATISFY
ANY ONE OF THE PERFORMANCE MILESTONES WILL CONSTITUTE A
BREACH OF THIS AGREEMENT AND ENTITLES THE ALLIANCE TO MANDATE
THE PARTNER TO RETURN TO THE ALLIANCE ANY AWARD FUNDS
DISBURSED; IN ANY SUCH INSTANCE, THE ALLIANCE MAY ALSO CANCEL
THIS AGREEMENT WITHOUT OWING ANY DAMAGES OR OTHER PAYMENT TO PARTNER.
36. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California without regard to the conflicts of law provisions thereof that would require the application of the laws of any other state. 3 7. Severability. Except as explicitly stated otherwise in this Agreement, if any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
38. Waiver. No terms or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed by the waiving party. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.
39. Assignment. This Agreement shall not be assigned by the Partner either in whole or in part.
40. Successors; No Third-Party Beneficiaries. The terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns.
Nothing in this Agreement, whether express or implied, shall be construed to give any Letter of Agreement: Alliance Housing Fund
Last revised 01/21/25 Page 14 of28
468
person or entity any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein.
41. Order of Precedence. In the event of any express and unequivocal conflict or inconsistency between the provisions of any SOW and the provisions of this Agreement, the provisions of this Agreement will govern and control.
42. Entire Agreement. This Agreement shall supersede any prior oral or written understandings or communications between the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This Agreement may not be amended or modified, except in writing signed by both parties.
43. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed to be an original, and all of which taken together constitute one and the same instrument. Telecopied or scanned signatures will be deemed to have the same effect as an original.
The parties are concurrently executing this Agreement and the SOW attached as Exhibit 1 and fully incorporated herein, both effective upon final signature ("Effective Date").
Partner:
~ity of Los Banqs
By:------- -----
Print Name: --------- Title: --------- - -- Date Signed: ________ _ Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25
Alliance:
Santa Cruz-Monterey-Merced-San
Benito-Mariposa Managed Medical
Care Commission, operating as Central
California Alliance for Health
By:----------- -
Print Name: --------- Title: ------------ Date Signed: _______ _
469
EXHIBIT 1
STATEMENT OF WORK
ALLIANCE HOUSING FUND AW ARD
This Statement of Work ("SOW") is entered into pursuant to, and is governed by, that certain Letter of Agreement ("Agreement") concurrently executed between Santa Cruz-MontereyMerced-San Benito-Mariposa Managed Medical Care Commission, operating as Central California Alliance for Health (the "Alliance"), having a principal place of business at 1600 Green Hills Road, Suite 101, Scotts v~gey, _9A 95Q66-1981, ffi!d City of Los :~a11os ("Partner"), having a principal place of business at 520 J S~eet, Los Banos, CA 93635'.
This SOW is fully incorporated into the Agreement and sets forth additional terms and conditions that apply to Partner's receipt of the Alliance Housing Fund Award described below. Any individual reference to the "Agreement" or "SOW" shall be deemed to include the terms of both the Agreement and SOW.
Project:
Award Date:
Partner Name:
Partner's Liaison:
Award:
Maximum Award:
Purpose of Project:
Minimum Medi-Cal
Eligible Individuals
Preference Threshold
Requirement:
jidy 31, 2024
···- - - -
Christy McCammond - Housing Progi:am M3.1:1:~g~
Phone: 209-827-2441
Email: [email protected]
The actual amount of the Alliance Housing Fund funds awarded to Partner shall be determined commensurate with Partner's achievement of the Project Milestones below and contingent upon Partner's compliance with the terms of the Agreement in which this SOW is incorporated ("Award").
The Award amount shall not exceed $7,500,000.00 ("Maximum Award")
To support the Permanent Supportive Housing Project as described in this Agreement and the Letter of Intent dated June 20, 2024, attached to this Agreement as Exhibit 3, that is or will be located at parcel #: 083-100-084 and to provide services to Medi-Cal eligible individuals currently experiencing homelessness.
Partner must restrict occupancy for at least :eiglit (8}additionaj units of permanent supportive housi11g to Medi-Cal eligible individuals ("Minimum Medi-Cal Occupancy'').
Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 16 of28
470
A. PAYMENT PRECONDITIONS: The Alliance will not disburse any Award payments until this Agreement, including this SOW, has been fully executed and the Alliance has approved a Project Plan, as described below, and all required supporting documents. The Partner shall append applicable supporting documents to the Project Plan, all in form and substance acceptable to the Alliance. To ensure Project feasibility and financial sustainability, Partner must fulfill the payment preconditions below and provide documentation for review in accordance with the terms of this Agreement and SOW before receiving any Award funds. All funds necessary to complete the full Project costs, including any pre-development, development, and post-development activities described in this Agreement and SOW must be committed during the Funding Period. It is mutually agreed that if the Partner does not appropriate sufficient funds to cover the full Project costs, the Alliance may immediately terminate the Agreement, and the Alliance shall have no liability to pay any Award funds whatsoever or to furnish any other considerations to Partner. Such termination will not limit any other remedies that may be available to the Alliance under this Agreement, at law, or in equity.
a. Project-Specific Contingencies: As a condition precedent to receiving any Award funds payments, Partner must fulfill ALL of the following requirements:
b.
1. Partner shall ensure that a deed restriction is recorded against the Project site property with substantially the same terms contained in the Regulatory Agreement and Declaration of Covenants, Conditions and Restrictions ("Declaration") that Partner provided to the Alliance on February 10, 2025, attached to this Agreement as Exhibit 4. Should Partner or any subsequent owner violate any portions of the Declaration applicable to this Agreement, Partner shall pay to the Alliance, either directly or through such subsequent owner, the full amount of the Award delivered to Partner hereunder. Partner assumes responsibility for ensuring the full amount of the Award is timely returned to the Alliance in the event of any such violation. c. Funding Sources: Partner will satisfy its obligation to cover the costs of the Project's development, operations, and services as set forth in this Agreement by leveraging funding commitments, or other reasonable funding assurances, from other funding sources. Partner agrees that the Award is contingent upon Partner securing funding from such sources to cover the total cost of completing the Project and fulfilling Partner's obligations under the Agreement, including the Useful Life requirement. The Alliance's obligation to make any disbursements of Award funds to Partner is subject at all times to Partner's ongoing demonstration of its ability to cover the costs of the Project. Partner represents that Partner has secured funding for the Project as follows:
1. Non-Alliance funding sources:
• Encampment Resolution Fund: $11,842,621.00
• City of Los Banos, General Fund - $1,336,424.00
11. Other financial support: None
Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 17 of28
471
Partner must fulfill the above contingencies and provide documentation for review in accordance with the terms in this Agreement and SOW to ensure project feasibility and financial sustainability. All funds necessary to complete the full Project costs, including the development and post-development activities described in the Agreement and this SOW, must be committed during the Funding Period. It is mutually agreed that if the Partner does not appropriate sufficient funds to cover the full Project costs, the Alliance may immediately terminate the Agreement, and the Alliance shall have no liability to pay any A ward funds whatsoever or to furnish any other considerations to Partner. Such termination will not limit any other remedies that may be available to the Alliance under this Agreement, at law, or in equity.
B. PROJECT PLAN: For purposes of this Agreement, "Project Plan" shall mean a clear, precise, and detailed implementation schedule with an itemized budget for the Project, including a description of the work to be performed under each Milestone, corresponding completion dates, and corresponding costs. Partner shall prepare and submit a proposed Project Plan to the Alliance for approval in accordance with the Phase 1 Milestones below. The Alliance shall have ten (10) business days to review and, in its discretion, approve or raise objections to the proposed Project Plan. If the Alliance raises any such objections, Partner shall have three (3) business days to revise and resubmit a proposed Project Plan. The Alliance shall have no obligation to disburse any Award funds unless and until Partner submits a Project Plan acceptable to the Alliance. Upon acceptance, the Project Plan shall automatically become incorporated into and form an essential part of this Agreement, and the A ward shall be conditioned upon Partner's adherence to the deliverables schedule under the approved Project Plan.
C. PROJECT MILESTONES: In order to maintain continued eligibility to receive the Award funds hereunder, Partner must meet the following Project milestones ( each, a "Milestone"):
1. Phase One
a. Phase One Milestones:
i. Confirm acquisition process.
11. Obtain design plans.
~11. Complete construction budget.
b. Phase One Completion Date: Within ten (10) business days of Effective Date. c. Deliverables: Documentation of Phase One Milestones completion, including submission of proposed Project Plan and documentation of any applicable Payment Preconditions listed in Section A of this SOW.
d. Deliverable Due Date: Within ten (10) business days of Effective Date. e. Payment Percentage: 45% of Maximum Award
2. PhaseTwo
a. Phase Two Milestones:
i. Demonstrate proof of property ownership.
• By February 28, 2025, City of Los Banos will demonstrate ownership of the property located at parcel #083-100-084.
Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 18 of28
472
ii. Obtain general contractor bids.
iii. Sign general contractor contract.
1v. Begin construction.
• Construction Start Date. In order to maintain eligibility for the interim payments provided for in this SOW, Partner must begin construction of the Project within twelve (12) months of the Effective Date ("Construction Start Date").
b. Phase Two Completion Date: February 28, 2025
c. Deliverables: Detailed documentation of Phase Two Milestones completion, including timely submi,ssion of reports.
d. Deliverable Due Date: March 31, 2025
e. Payment Percentage: 45% of Maximum Award
3. Phase Three
a. Phase Three Milestones:
1. Establish Prioritization Process for Medi-Cal Eligible Individuals. By April 30, 2025, Partner will establish a process for prioritizing Medi-Cal eligible individuals for placement. All prioritization systems must be at all times in strict accordance with all applicable federal, state, and local laws, including the U.S. Department of Housing and Urban Development's Fair Housing Act. 1 Partner shall develop Project prioritization systems as follows:
• Permanent Supportive Housing. If all or a portion of the Project is for permanent supportive housing, the following shall apply to such permanent supportive housing units:
o Unless otherwise preapproved by the Alliance, Partner will develop referral protocols which prioritize placement of Medi-Cal eligible individuals through the local Coordinated Entry System ("CES"). If Partner wishes to utilize a
prioritization system other than CES, Partner may submit a request to utilize a comparable system to the Alliance at least 30 days prior to implementation date. Any request to utilize a prioritization system other than CES must be delivered in writing by Partner and include a detailed narrative
description of the prioritization system, justification for utilizing the non-CES system, and an attestation that the placement prioritization process complies with the terms of this Agreement and Medi-Cal eligibility income
requirements.
o Should Partner include a request to utilize a non-CES system in Partner's Phase 1 Milestone Project Plan deliverable, such non-CES system shall be considered approved under this
Agreement upon the Alliance's approval of the Project Plan 1 Housing Discrimination Under the Fair Housing Act I HUD. e.ov / U.S. Department of Housing and Urban Development (HUD)
Letter of Agreement: Alliance Housing Fund
Last revised O 1121125 Page 19 of28
473
o Should requirements from other funding sources or other external constraints prevent Partner from using CES, Partner shall provide documentation to the Alliance evidencing such terms and conditions.
o Should Partner already have a prioritization system
comparable to CES in place that Partner wishes to continue utilizing as of the due date set forth above in Section C(3)(a)(i) of this SOW, then Partner shall adopt the
following protocol unless otherwise agreed upon by the
Alliance:
1. If Partner's prioritization list already contains a
queue, Partner will: validate listed individuals'
Medi-Cal eligibility using income guidelines and
submit validated prioritization list to the Alliance for approval.
11. Once Partner's prioritization list is exhausted,
Partner will: identify other Medi-Cal eligible
individuals through the Partner's alternative system,
validate such individuals' Medi-Cal eligibility using
income guidelines, and submit the validated
prioritization list to the Alliance for approval.
111. Once Partner's prioritization list is exhausted, if Partner is not able to identify any additional MediCal eligible individuals through the alternative system, Partner will: utilize CES, validate such
individuals' Medi-Cal eligibility using income
guidelines, and submit validated prioritization list to the Alliance for approval.
• Non-Permanent Supportive Housing. If all or a portion of the Project is for uses other than permanent supportive housing ( e.g., recuperative care and short-term post hospitalization housing), the following shall apply to such non-permanent supportive housing units:
o Partner shall submit a proposed process of prioritization to the Alliance at least 30 days prior to implementing such process under this Agreement. Such proposal must be
delivered in writing by Partner and include a detailed
narrative description of the prioritization process, how such system will prioritize placement of Medi-Cal eligible
individuals to meet Minimum Medi-Cal Occupancy
requirements, and an attestation that the placement
prioritization process complies with the terms of this
Agreement and Medi-Cal eligibility income requirements. o Should Partner include a proposed process of prioritization in Partner's Phase 1 Milestone Project Plan deliverable, such Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 20 of28
474
system shall be considered approved under this Agreement upon the Alliance's approval of the Project Plan
11. Complete construction.
• By June 30, 2027, City of Los Banos will complete construction of the Permanent Supportive Housing Project at parcel #083-100-084, for the purpose of adding eight (8) additional units of permanent supportive housing.
111. Obtain Certificate of Occupancy.
• By June 30, 2027, all permanent supportive housing units will be fully occupied, and meet Minimum Medi-Cal Occupancy.
1v. Establish Service Availability and Best Efforts Prioritization Outcomes. • By June 30, 2027, Partner will ensure that on-site case management services are available/provided and individual services plans are developed for all Medi-Cal eligible residents receiving case management services.
• By June }O, ~027, Partner shall use best efforts to achieve goal of:
original Medi-Cal eligible residents placed for Minimum Medi-Cal Occupancy remai_n ho1:1sed arthe Project.
b. Phase Three Completion Date: June 30, 2027
c. Deliverables: Detailed documentation of Phase Three Milestones completion, including timely submission of reports and, as applicable, validated prioritization lists.
d. Deliverable Due Date: July 31, 2027
e. Payment Percentage: 10% ~fMaximum Award
4. Post Completion; Useful Life.
a. Useful Life Implementation. At all times during the Useful Life (i.e., 10 years following Phase Three Completion Date), Partner shall place Medi-Cal residents as set forth in this Agreement consistent with Medi-Cal eligibility income requirements and the approved prioritization process. For this purpose, Partner agrees to provide the Alliance with an annual report which attests that Partner has maintained the Minimum Medi-Cal Occupancy requirement as set forth in this Agreement and SOW, and that Partner has continued to comply with all terms of this Agreement. Partner agrees to submit a complete and accurate report to the Alliance by March 31st of each calendar year for the Useful Life of the Project, (i.e., 10 years following Phase Three Completion Date) ("Annual Attestation"). The Annual Attestation shall be consistent with the format outlined in the Annual Attestation Template attached as Exhibit 2 to this Agreement. Partner also agrees to timely provide all information reasonably requested by the Alliance to validate Partner's Annual Attestation responses. Partner may deliver the Annual Attestation to the Alliance in the manner specified in Section 22 of the Agreement, or by email to: [email protected] with a copy to the Alliance's Liaison. If delivered by email, the Annual Attestation shall be deemed given when actually received by the Alliance. The failure of Partner to timely submit the Annual Attestation shall be a material breach of this Agreement. This Section shall survive termination of the Agreement.
Letter of Agreement: Alliance Housing Fund
Last revised 01/21/25 Page 21 of28
475
b. Useful Life End Date:
c. Deliverables: Annual attestation.
d. Deliverable Due Date: March 31st of each calendar year during the Useful Life.
D. PROJECT DURATION. Partner shall have a period of 39 months from the Effective Date to complete all activities that were submitted for funding in the Letter of Intent approved by the Alliance on July 31, 2024, and all required reporting. Partner shall continue to house MediCal eligible individuals in accordance with this Agreement for no less than the Useful Life (i.e., 10 years following Phase Three Completion Date).
E. PAYMENT SCHEDULE. Payments shall be made to Partner by the Alliance according to the schedule provided below, subject to the Alliance's receipt of all documentation reasonably required by the Alliance and Partner's compliance with all of the terms of this Agreement:
a. Initial Payment. The initial payment shall not exceed forty-five percent (45%) of the Maximum Award amount and shall be paid within thirty (30) business days of the Alliance's actual receipt of a progress report from Partner indicating that all Phase One Milestones have been completed.
b. Interim Payments. There shall be one interim payment for the Milestones outlined above in this SOW. The interim payment shall not exceed forty-five percent (45%) of the Maximum Award amount. This payment shall be paid within thirty (30) business days of receipt of a progress report (narrative and original Project budget versus actual expenses) and verification of Project expenses incurred since the previous payment. Progress report should include documentation ( e.g., project management report, inspection report, permit, etc.) demonstrating that specified milestones have been completed.
c. Final Payment. Final payment of ten percent (10%) of the Maximum Award amount (or remaining balance per actual Project expenses) shall be paid within thirty (30) business days of the receipt by the Alliance of a progress report indicating that all Milestones of the Project have been completed. The progress report will include a narrative, original Project budget versus actual expenses, and verification of Project expenses incurred since the previous payment. Progress report should include documentation demonstrating that the Project is complete ( e.g. certificate of occupancy).
F. DOCUMENTATION. Partner shall provide the Alliance with notice in the form requested by the Alliance of the Construction Start Date and the Phase Three Completion Date, and provide the Alliance with such further documentation as it may request to verify that Partner has actually begun and/or completed the Project as required under this SOW. Partner shall provide, within thirty (30) calendar days of the Alliance's request, such progress, financial, operational, and other reports as the Alliance may from time-to-time request, in a form and substance satisfactory to the Alliance. Failure to provide requested documentation within the required time period shall be considered a material breach of this Agreement, and the Alliance may, at its discretion, terminate this Agreement for cause and recoup payment in accordance Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 22 of28
476
with the terms of this Agreement, and/or withhold any portion of the Award otherwise payable under this Agreement.
G. DISCRETION OF ALLIANCE. If Partner fails to meet the required Construction Start Date or the required Phase Three Completion Date and/or reporting deadlines, the Alliance shall have the discretion to withhold interim or final payments hereunder, as the case may be, and may, at its sole discretion, change or adjust any of the deadlines provided for herein, including requiring such additional documentation or changes as it shall determine to be reasonable and necessary for the completion of the Project under an alternative schedule.
H. ACTUAL COSTS. Payments shall be made for Partner's actual costs incurred and reported in accordance with this Agreement. Under no circumstances shall payment exceed the amount of the Maximum Award.
I. PREAPPROVED TRANSFER. Partner represents that Partner intends to enter into the Disposition, Development and Loan Agreement ("Developer Agreement") with Anabasis, LLC ("Developer"), a copy of which Partner provided to the Alliance on February 10, 2025.
The Alliance hereby explicitly consents to Partner's execution of the Development Agreement and Partner's transfer of the Project to Developer thereunder for purposes of Section 21 ( d)(vii) of this Agreement (Operation of Facility by Third Party), provided that the Alliance is made a third-party beneficiary of the Development Agreement with the right, but not the duty, to enforce, and that Partner remains joint and severally liable for the performance of this Agreement, regardless of any assumption by the Developer of Partner's obligations to the Alliance.
[ signatures appear on following page]
Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 23 of28
477
The parties are concurrently executing this SOW and the Agreement, both effective upon final signature ("Effective Date").
For the Partner:
City of Los Banos
By:--- - --------
Print Name: ---- ----- Ti tie: ----- --- --- - Date Signed: _ ___ ___ _ _ Letter of Agreement: Alliance Housing Fund
Last revised O 1 /21/25
For the Alliance:
Santa Cruz-Monterey-Merced-San
Benito-Mariposa Managed Medical
Care Commission, operating as Central
California Alliance for Health
By: - --- --- - - ---
Print Name: --- - - ---- Ti tie: - --- --- --- -- Date Signed: ________ _
478
EXHIBIT2
ANNUAL ATTESTATION TEMPLATE FOR
CENTRAL CALIFORNIA ALLIANCE FOR HEALTH HOUSING FUND
This Annual Attestation applies to Partner's receipt of Housing Fund Award funds under the Letter of Agreement referenced below between Partner and the Santa Cruz-Monterey-Merced-San Benito-Mariposa Managed Medical Care Commission, operating as Central California Alliance for Health, ("Alliance"), having a principal place of business at 1600 Green Hills Road, Suite 101 .
Scotts Valley, CA 95066-4981.
Partner must accurately complete and submit this Annual Attestation to the Alliance by March 31st of each calendar year for the Useful Life of the Project, as further set forth in the Letter of Agreement.
Partner may deliver this Annual Attestation to the Alliance Liaison by any of the following: in person, by registered or certified mail, return receipt requested, or U.S. Postal Service Express Mail, with postage prepaid, by Federal Express, other overnight courier that guarantees next day delivery, or by email to: [email protected]. If delivered by email, the Annual Attestation shall be deemed given when confirmed actually received by the Alliance.
Project:
Letter of Agreement
Effective Date:
Partner Name:
Permanent Supportive Housing ("Project")
City of Los Banos
Minimum Medi-Cal
Eligible Individuals
Preference Threshold
Requirement:
Partner must restrict occupancy for at least eight (8) additional units of permanent supportive housing to Medi-Cal eligible individuals ("Minimum Medi-Cal Occupancy").
Re uirement T e Descri tion of Re uirement Partner Res onse Minimum Medi-Cal Partner must restrict occupancy for at Occupancy least the Minimum Medi-Cal Occupancy □ Yes.
levels specified above. Please confirm
Partner has maintained Minimum Medi- □ No.
Cal Occupancy. If Partner failed to meet
Minimum Medi-Cal Occupancy levels, If ''No," please explain:
please provide good faith estimate of
occupancy by Medi-Cal eligible
individuals durin ear and
Letter of Agreement: Alliance Housing Fund
Last revised 01/21/25 Page 25 of28
479
Prioritization
Process
narrative explanation of Partner's failure
to meet requirement.
• If Project was for Permanent
Supportive Housing, minimum
threshold is based on number of
units m service occupied by
Medi-Cal eligible individuals
during the reporting year.
• If Project was for Recuperative
Care or Short-Term PostHospitalization Housing,
minimum threshold is based on
number of stays by Medi-Cal
eligible individuals out of total
stays.
Current prioritization process. Please □ Yes
confirm use of approved prioritization
process. If Partner is currently using a □ No.
prioritization process other than the
process approved by the Alliance, please If''No," please explain:
provide narrative description of current
process and how process complies with
Medi-Cal eligibility mcome
requirements in alignment with the Letter
of Agreement.
By signing the below, Partner attests that the information above is true and correct, that Partner has continued to act in compliance with the Letter of Agreement, and that the Project facilities have continued to operate in alignment with the Letter of Agreement. Partner shall provide all information reasonably requested by the Alliance to validate the above information or to support any response to any government audits or inquiries related to the Letter of Agreement.
Partner:
By:------------
Print Name: - --------
Title: _ _________ _
Date Signed: ________ _
Letter of Agreement: Alliance Housing Fund
Last revised O 1/21/25 Page 26 of28
480
Letter of Agreement: Alliance Housing Fund
Last revised O l /21/25
EXHIBIT 3
LETTER OF INTENT
481
EXHIBIT4
AFFORDABLE HOUSING REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Letter of Agreement: Alliance Housing Fund
Last revised O 1/21 /25 Page 28 of28
482
LOsBanos
l lh Cu,. ,oa J o <1li{I , ni
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Joe Heim, Parks and Recreation Directo;p
DATE: February 19, 2025
TYPE OF REPORT: Agenda
SUBJECT: Colorado Ballpark Project Update and Resolution to accept $1 million from the State of California for the Legislatively Specified Grant awarded to the City of Los Banos for the Colorado Ballpark renovation and ADA Upgrades
Recommendation:
That the City Council receive the presentation update on the Colorado Ballpark Renovation project and approve the resolution accepting $1 million for the Legislatively Specified Grant awarded to the City of Los Banos in the 24/25 State Budget for the Colorado Ballpark renovation and ADA updates.
Staff is also requesting direction from City Council for the project, including a recommendation to host a community meeting in spring/summer 2025.
Background:
Colorado Ballpark (815 Colorado Ave.) opened in June 1959, and features three ballfields, a skate park, two tennis courts, a restroom, and a large parking lot. It has hosted Little League since 1969.
The Los Banos Little League also supports the surrounding communities of Dos Palos, Santa Nella and Gustine. The ballpark is host to the City's only public skate park and tennis courts. The Pop Warner Wildcats team also regularly rents the fields for practices.
Colorado Ballpark is located on the same parcel as the Los Banos Municipal Airport. The census tract that the park is located in qualifies as a severely disadvantaged community, receiving the highest possible score from CalEnviro 4.0.
ITEM 11
483
The half-mile radius median household income is 70.6% of the California statewide average at $67,425.00 and the area has just 2.67 park acres per 1,000 people. 39.1 % of the surrounding area is under 18 years old and 51.2% are aged 19 to 64.
The census tract for the park is in the 98th percentile for asthma, the 85th percentile for cardiovascular disease. and the 93rd percentile for poverty.
Colorado Ballpark is one of the most heavily used parks in Los Banos. The facility is aging and is in poor condition. There have been numerous issues identified on-site. These include building repairs to the concession stands and restroom. Since 2021 three ballfield light poles have fallen due to high winds and the electrical on-site is aging and needs upgrades.
The skate park on-site was built in the late 1990s, and features a shallow bowl area. It has been popularly used by dedicated skaters in Los Banos but there are notable complaints about its size and lack of amenities such as a 'run-up' space. The tennis courts that were constructed in the 1970s are in poor condition due to cracking asphalt.
The facility lacks American Disability Act (ADA) access and field conditions have become challenging due to aging galvanized irrigation systems in place since the 1950s.
The City has initiated several community processes to evaluate the renovation of the park.
Recent History of Engagement Methods:
Parks Master Plan Community stakeholders were The importance of reStakeholder Meeting invited to discuss parks projects developing the park was Date: 12/19/2019 including Colorado Ballpark. conveyed heavily by These included: Little League, interviewees. Their
youth sports coaches, Friends of emphasis was on the
the Library members, Arts ballfields, improving ADA
Council, Merced County staff, access and adding walking High School Athletic Directors, trails.
City Council, PAL program
leaders, 4H leaders and Parks
and Recreation and Tree
Commission members.
Parks Master Plan Attended by over 100 community The skate park and a pump Community Meeting members including youth skate track were identified as Date: 1/9/2020 boarders, pickleball club desirable amenities during members, local sports teams and this meeting.
splash pad advocates. The Approximately 30 skate
meeting included public boarders attended the
discussion, as well as voting meeting to convey their
provided by maps. desire for an improved
skate park and stated that
they often travel to the City
of Oakdale's skate park
(approximately 70 minutes
away)
484
Online Parks Master A community-wide survey was The survey provided Plan Survey held and offered an array of comments including the Date: 8/17/2020- questions including the specific need for fencing and warm9/14/2020 design of Colorado Ballpark. up spaces for teams. It also disapproved of the
ideas placed in an initial
concept of a chess/picnic
area in the park.
Virtual Parks Master A community-wide virtual meeting Comments received were Plan Meeting was held online due to COVID-19. focused on generally Date: 9/10/2020 This meeting included a improving Colorado presentation and open discussion. Ballpark.
Rural Recreation A community-wide meeting was This meeting included and Tourism Grant attended by over 50 people major changes to the initial Public Meeting including skateboarders and Little concept of the re-design.
Date: 9/21/2021 League representatives. This Most notably the remeeting included a presentation location of the skate park and open discussion. Attendees and tennis courts due to were also given a print out of a comments from the
map of the park and asked to skateboarders and
draw their ideas and opinions. neighbors of the park in attendance.
City Council City Council approved the Grant was selected for a Approval of submission for the Rural site visit but the grant was Submission for Recreation and Tourism grant to not awarded on 8/18/22.
Rural Recreation the State of California.
and Tourism Grant
Date: 1/19/2022
Skatepark City Council included funding in Comments received Stakeholder Meeting the Fiscal Year 2023-2024 budget included:
Date: 11/21/2023 for the development of a design at
• Inclusion of a water Colorado Ballpark. Staff and their fountain and restroom consultant began with a improvements. stakeholder meeting with the skateboard group. An estimated • Consideration of the
15 skateboarders attended the addition of shade and
meeting and were able to select benches.
preferred design elements and • Desire for a 'hubba' /
held an open discussion on a manual pad / stair
potential skate park. feature I round tails /
longer stair feature
(skate park features).
• Increase size .
• Review of neighboring
cities includinq:
485
Firebaugh Park,
Oakdale Skate Park
and McNamara Park in
Merced.
Little League On November 29th , City staff and Comments received Stakeholder Meeting their consultants met with Little include:
Date: 11/29/2023 League board members. • Would prefer to include four fields at the park.
• Prefer to reduce Field 1
in size for youth play.
• Concession stand
replacement and field
lighting replacement is
critical.
• 8'-1 O' perimeter field
fencing.
• Synthetic turf is
preferred for Little
League for both infield
and outfield.
• A fence or buffer is
needed between the
fields and street
parking.
• Covered dugouts would
be preferred to provide
shade.
Parks and On January 23, 2024, City staff Attendees stated their Recreation presented an update to the Parks support of the project and Commission Public and Recreation Commission. The noted the consideration of Meeting meeting was attended by neighborhood homes
Date: 1/23/2024 neighbors of the park and including the proximity of received positively. skate parks or tennis
courts to Colorado Ave.
and the consideration of
outfield netting.
City Council On March 20, 2024, staff The concept was received Concept presented an updated concept to positively. Comments Presentation City Council. The plan provided a included the evaluation of Date: 3/20/2024 substantial update to the park. solar carport options. City The improvements were Council directed staff to
estimated to be between $13-$17 further investigate and million. evaluate the project.
Utilizing the same footprint of the
park, the plan included:
486
• Reconfiguration of the
parking lot and three
ballfields.
• Inclusion of additional
parking spots, and two
smaller 200' ballfields.
• Inclusion of an expanded
skatepark and two tennis
courts.
• Inclusion of a shade
structure.
City Council On September 18, 2024, staff The plan was received Concept presented an update to City positively and staff was Presentation Council. The primary update was directed to proceed with Date: 9/18/24 the inclusion of a splash pad, the project. replacing two tennis courts onsite. Staff provided a targeted budget of $15 million for the
project.
Through the City's public input process, the concept for the plan has evolved significantly.
The City has identified that the conditions at Colorado Ballpark require complete renovation.
The proposed conceptual design includes the relocation of the parking lot, and Field 2.
This will create a centralized parking lot, which includes an increased number of parking stalls. The re-design will also create a central plaza space.
The central plaza space will support both the smaller fields and the skate park. This will allow for the reduction of total buildings on-site from three buildings to one building and scorekeeper booths.
The smaller fields are the most heavily used by the Los Banos Little League, and having two fields of the same size will increase participation and tournament use. Warm-up spaces for the ballfields will also provide additional upgrades for the facility.
Other facility upgrades include a larger skate park that includes modern elements. The parking lot would also include lights and planter medians increasing the security and safety on-site.
With direction from City Council, staff has evaluated the project and reviewed comments from public meetings and the Park Master Plan process and is proposing the addition of a splash pad and removal of the tennis courts on-site.
A splash pad is one of the highest in-demand amenities requested from the public. The splash pad has been routinely listed as one of the highest priorities from the community.
The City of Los Banos lacks a water feature to offer its residents, and it is expected that the splash pad would be one of the most popular destinations for Los Banos residents and visitors.
487
A splash pad, also known as a spray park or water playground, is an area fitted with a slipresistant surface, with various nozzles and water features that can shower, rain, mist or shoot streams of water.
Splash pads operate at zero water depth. Water is collected, filtered, sanitized, and recirculated to keep the water fun flowing in an eco-friendly way. Splash pads are typically operated seasonally from late spring to early fall.
Staff has previously evaluated the construction of a splash pad. In 2019 and 2021, grants were unsuccessfully submitted to the State of California for construction of a splash pad at Pacheco Park. In March 2021, the City Council also selected Pacheco Park as a viable location for a splash pad to be constructed with city funding.
Installation at Pacheco Park is associated with other site improvements that have not been completed or directed to date. Pacheco Park will require parking, irrigation, building, landscape and any other improvements as designed.
Construction of a splash pad includes several requirements. Requirements are derived from County and State health and safety codes and often mirror requirements for pools and spas, including:
1 . Restrooms within 300 feet
2. Hose bib less than 50 feet away
3. 4,000-gallon recirculating water tank
4. Maintain a Certified Pool Operations certification
5. Solid roof covering for the pool house
6. Four-inch sewer-line
7. 1.5-inch water supply
8. Eight heated showerheads
9. At least two drinking fountains
Due to the improvements needed at Pacheco Park and limited design options on-site, including parking availability, staff evaluated Colorado Ballpark as a possible location for a splash pad.
The Colorado Ballpark renovation will include an enlarged parking lot, adding up to 60 additional parking spaces, as well as a new restroom facility.
Given the anticipated popularity of a splash pad in Los Banos, staff is recommending a 2,900-3,000 square foot splash pad. The design will include signage, fencing with locking mechanisms, a timer system, and a central attraction such as a spilling bucket.
Public meetings have revealed that a central theme such as "airport" or "wetlands" and the inclusion of color is important to the public. Staff would also recommend the review of rentable shade gazebos nearby to help offset recurring expenses. The operation of a splash pad is expected to have a regular service expense for chemicals, cleaning, and maintenance.
The splash pad construction is anticipated to add an approximate $800,000-$1 million to the project. Supporting amenities such as the parking lot, ADA access and the restroom were already included as part of the ballpark renovation.
To provide space for the proposed splash pad, staff is recommending re-locating the tennis courts on-site. The tennis courts on-site are in need of a complete renovation and re488 locating tennis courts will not require the parking capacity, underground utility, and neighborhood impact that a splash pad will have. Staff does not have a recommended relocation site for tennis courts at this time.
The addition of a splash pad would create a destination park for recreation in Los Banos.
The Park would feature three premier youth ballfields, a large parking lot, an updated skate park and a splash pad. Staff anticipates the park to be attractive to all ages and community groups.
Discussion:
Staff recommended a budget of $15 million to the City Council on September 18, 2024.
Staff evaluated that $8 million may be available from the Park Development Fund for the project. An additional $922,000.00 was allocated by City Council from American Rescue Plan Act funds.
Staff is also seeking external funding. Staff has secured a $1 million Legislatively Specified Grant from the State of California through the support of Assembly Member Esmeralda Soria.
Staff is also seeking additional grant funding. This includes the Outdoor Recreation Legacy Partnership (ORLP) program offered by the National Park Service and including a grant range of $300,000-$15 million per application. It also includes the Land and Water Conservation Fund (LWCF) program including a grant ceiling of $6 million per application.
City staff anticipates that matching funds will be required by the City for any external funding. Utilizing the available funding as matching funds may assist the City in securing external grants.
Staff is also evaluating land use and will need to evaluate it with the consideration of a splash pad depending on direction from City Council.
Colorado Ballpark is part of the Los Banos Municipal Airport land parcel. Any significant renovations to the park shall be presented to the Airport Land Use Commission and impacts of new buildings or light poles shall be considered in the design. The conceptual design, as presented, utilizes the existing park footprint on-site. Topographic and geotechnical surveys have been completed on-site.
The project will create a premier sports destination park in Los Banos and in Merced County. It will provide specialized recreation amenities for the City of Los Banos.
City staff is requesting discussion and direction from the Los Banos City Council for the future of Colorado Ballpark. Staff is recommending an additional community meeting to discuss the current conceptual design and accommodate comments for the park.
Staff is also recommending the City Council approve the resolution accepting $1 million for the Legislatively Specified Grant awarded to the City of Los Banos in the 24/25 State Budget for the Colorado Ballpark renovation and ADA updates.
The State of California is requesting that the resolution be approved immediately to secure the funding in the State Budget before year-end deadlines.
Staff from Assembly Member Esmeralda Soria is also requesting a ceremonial check presentation in spring 2025. If approved, staff will schedule an event including City Council, Little League members, and members of the community.
489
Fiscal Impact:
If the recommended resolution for the Legislatively Specified Grant is approved, the City of Los Banos will receive $1,000,000.00 for the renovation of Colorado Ballpark from the State of California.
Reviewed by:
Gary Br~~ Interim City Manager
Attachments:
Conceptual Design
Resolution
Brent Kuhn, Financial Consultant
490
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS APPROVING
APPLICATION(S) FOR SPECIFIED GRANT
FUNDS FROM THE BUDGET ACT OF 2024,
SCHEDULE (1 )(C) $1,000,000 SHALL BE
AVAILABLE FOR THE CITY OF LOS BANOS,
COLORADO BALLPARK RENOVATION AND
ADA UPGRADES.
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Los Banos, setting up necessary procedures governing application( s ); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant's Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby:
1. Approves the filing of project application(s) for specified grant project(s); and
2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and
3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and
4. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope( s ); and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of February 2025, 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:
491
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
492
LEGEND
1. Ballfield, 90' Basepaths, 300' Homerun Fence
2. Splash Pad, 2,925 s.f.
3. Splash Pad Maintenance Building
4. Skate Park
5. Shade Structure With Seating
6. Drop-Off
7. Parking Lot, 175 Spaces
8. Parking Lot Lighting
9. Driveway
10. Sports Complex Entry Sign
11. Picnic Area With Shade Structure
•
12. Storage Building
13. Batting Cage (2)
14. Bio-Retention Area
15. Ballfield, 60' Basepaths, 200' Homerun Fence
16. Warning Track
17. Scoreboard
18. Dugout
19. Bullpen
20. Field Lighting
21. Bleacher
22. Restroom And Concession Building
23. Scorekeeper's Booth
MASTER PLAN
COLORADO BALLPARK RENOVATION
Los Banos, California
!1-rl~
September 6, 202,
23043_MasterPlan.ind,
493
494
TO:
FROM:
DATE:
LOsBanos
\t tl1t 10 10C1cl of t1l1/m 111,
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community & Economic Development Director~ February 19, 2025
TYPE OF REPORT: Public Hearing
SUBJECT: Old Santa Fe Grade Basin Project-Annexation, General Plan Amendment, and Pre-Zoning
Recommendation:
Staff recommends that the Los Banos City Council take the following actions:
• Receive presentation of the staff report;
• Open the public hearing and receive public testimony; • Consider testimony presented at the public hearing, the information in the staff report and the recommendation of the Planning Commission; • Consider Resolution No. __ requesting the Annexation and General Plan Amendment of approximately 170-acres of property located between the San Luis Canal and the Santa Fe Canal, Merced County, California, more specifically identified as Assessor's Parcel Numbers: 082-020-024, 424-010-004, and 073- 220-014; and
• Waive the first reading and introduce Ordinance No. __ amending the Zoning Map to Pre-Zone approximately 170-acres located between the San Luis Canal 1 ITEM 12
495
and the Santa Fe Canal, Merced County, California, more specifically identified as Assessor's Parcel Numbers: 082-020-024, 424-010-004, and 073-220-014.
Background:
In 2014 the State of California adopted the Sustainable Groundwater Management Act (SGMA) which requires local agencies to adopt Groundwater Sustainability Plans (GSP) for the purpose of protecting groundwater aquifers from over drafting and to restore and maintain groundwater at 2015 levels.
The City's GSP includes water conservation programs, reduction in pumping, exploring water exchanges and transfers of surface water, use of recycled water, and constructing recharge basins and other water storage facilities to meet the provisions of SGMA and the City's GSP.
As part of the City's budget adoption process, the City Council appropriated funds to begin design and environmental review for the construction of 500-acre feet of recharge basins between the San Luis Canal and the San Luis Drain to capture and recharge stormwater and other surface waters that may become available from surrounding irrigation districts.
The proposed project involves the annexation of approximately 170 acres to construct a basin designed for surface water and stormwater capture, with the additional benefit of incidental groundwater recharge. The basin would serve multiple purposes, including storage, incidental recharge, and re-regulation of various water sources for both the City and the Grasslands Water District (GWD). The basin is proposed to have a combined storage capacity of approximately 500 acre-feet (AF).
As part of the project, a General Plan Amendment is proposed to change the land use designation from Agricultural/Rural to Civic/Institutional to reflect the intended use of the site as a public water management facility. Additionally, the property is proposed to be pre-zoned as Public Facility to align with the planned use.
On January 22, 2025, the Los Banos Planning Commission considered the abovementioned project and recommended approval to the Los Banos City Council.
Location:
The project site is located on Assessor's Parcel Numbers: 082-020-024, 424-010-004, and 073-220-014. It is bordered by the San Luis Canal to the west and the Santa Fe Canal to the east, both of which are operated by GWD. The San Luis Drain, part of the U.S. Bureau of Reclamation's Central Valley Project (CVP), lies between the Santa Fe Canal and the project site.
The City's current city limits are shown below in the dashed green line, with the project site outlined in yellow.
2 496
Environmental Assessment:
The Initial Study/Mitigated Negative Declaration (IS/MND) was prepared in accordance with the California Environmental Quality Act (CEQA) Guidelines and industry standards.
The IS/MND found that although the proposed project could have significant effect on the environment, there will not be a significant effect due to revisions to the project that have been made or agreed to be made through the implementation of mitigation measures incorporated into the project.
On October 23, 2024, the Los Banos Planning Commission considered and approved a Mitigated Negative Declaration (SCH#2024081193) for the Basin and Stormwater Capture Project. This environmental review determined that the project would not have a significant impact on the environment with the incorporation of mitigation measures. The Planning Commission approved the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program for the project.
Analysis:
The annexation is required to incorporate the project site into the City's jurisdiction and facilitate the development of the basin. The General Plan Amendment is necessary to reflect the intended public use of the site, and the Public Facility zoning designation is appropriate for a water management facility.
3 497
The site's strategic location near existing water infrastructure, including the San Luis and Santa Fe Canals, ensures efficient water delivery and management. The project supports the City's General Plan goals of enhancing infrastructure and water resource management while aligning with regional water sustainability priorities. If the City Council approves the annexation request, a formal application will be made to the Merced County Local Agency Formation Commission {LAFCo) for annexation.
The next phase of the project involves drafting a Memorandum of Understanding (MOU) with the Grasslands Water District to formalize a partnership for the construction of the project. The City of Los Banos will be preparing the bid documents, with the goal of awarding a construction contract in March 2025.
Public Comment:
A public hearing notice was published in The Westside Express and notices were mailed to property owners within a 300' radius of the project site on February 5, 2025. As of the date of this staff report no comments have been received.
Fiscal Impact:
There will be a fiscal impact to facilitate the Annexation through Merced County LAFCo.
The filing application fee is $2,700, which will be funded from expenditure account 100- 419-100-231 (Professional Services).
Reviewed by:
~1t. :.:-m Ctty Manager Brent Kuhn, FINANCIAL CONSULTANT Attachments:
1 . Resolution
2. Pre-Zone Ordinance
3. Project Location Map
4. Existing General Plan Map
5. Public Hearing Notice - February 5, 2025
4 498
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
ANNEXATION OF APPROXIMATELY 170-ACRES
AND A GENERAL PLAN AMENDMENT FROM
AGRICUL TURAURURAL TO CIVIC
INSTITUTIONAL FOR THE OLD SANTA FE
GRADE BASIN PROJECT
WHEREAS, the City of Los Banos recognizes the importance of water sustainability, including surface water and stormwater management and groundwater recharge, to address local and regional water needs; and WHEREAS, the City of Los Banos proposes an annexation of approximately 170 acres to construct a basin designed for surface water and stormwater capture, as well as incidental groundwater recharge ("Project"), located on Merced County Assessor's Parcel Numbers: 082-020-024, 424-010-004, and 073-220-014; and WHEREAS, the proposed basin will provide critical infrastructure benefits, including water storage, re-regulation of various water sources, incidental groundwater recharge, and enhanced flood management; and
WHEREAS, the Project site is strategically located near the San Luis Canal (to the west) and the Santa Fe Canal (to the east), both operated by the Grasslands Water District ("GWD"), and the San Luis Drain, part of the U.S. Bureau of Reclamation's Central Valley Project ("CVP"), is situated between the Santa Fe Canal and the Project site, providing optimal conditions for the efficient delivery and management of water resources; and
WHEREAS, a General Plan Amendment is proposed to change the land use designation from Agricultural/Rural to Civic/Institutional to reflect the intended use of the site as a public water management facility; and
WHEREAS, Pre-Zoning the property as Public Facility is proposed to align with the planned use as a public water management facility; and
WHEREAS, Mitigated Negative Declaration (SCH#2024081193) and Mitigation Monitoring and Reporting Program (MMRP), were approved by the Los Banos Planning Commission on October 23, 2024, and it was determined that, with the incorporation of mitigation measures, the Project will not result in significant environmental impacts; and 1 499
WHEREAS, the City Council has held a public hearing and reviewed all relevant information, including the staff report, and determined that the Project is consistent with the City's General Plan, water management priorities, and regional sustainability goals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows:
1. Approval of Annexation: The City Council hereby approves the annexation of approximately 170 acres of land, as shown on the project site map, into the City's jurisdiction for the purposes of the Basin and Stormwater Capture Project.
2. Approval of General Plan Amendment: The City Council hereby approves a General Plan Amendment to change the land use designation of the subject property from Agricultural/Rural to Civic/Institutional, consistent with the proposed use of the land as a public water management facility.
3. Approval of Pre-Zoning: The City Council hereby approves the pre-zoning of the subject property as Public Facility, to align with the planned use of the land as a water management facility.
4. Environmental Review: The City Council finds, based on the Mitigated Negative Declaration (SCH#2024081193) and the Mitigation Monitoring and Reporting Program, approved by the Planning Commission on October 23, 2024, that the Project will not have a significant effect on the environment, with the implementation of mitigation measures.
5. Authorization for Implementation: The City Council authorizes City staff to proceed with all necessary actions to implement the annexation, General Plan Amendment, and pre-zoning for the Basin and Stormwater Capture Project.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the __ day of _ ___ 2025, 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:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 500
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS AMENDING THE ZONING MAP TO PREZONE APPROXIMATELY 170 ACRES LOCATED
BETWEEN THE SAN LUIS CANAL AND THE SANTA FE
CANAL, MERCED COUNTY, CALIFORNIA, FROM
COUNTY GENERAL AGRICULTURAL (A-1) TO PUBLIC
FACILITY (PF) TO BE ANNEXED INTO THE CITY OF LOS
BANOS
WHEREAS, the City of Los Banos has initiated the annexation and pre-zone to Public Facility (PF) of approximately 170 acres of property located between the San Luis Canal and the Santa Fe Canal, Merced County, California, more specifically identified as Assessor's Parcel Numbers: 082-020-024, 424-010-004, and 073-220-014; and WHEREAS, the pre-zone of the above-described property as Public Facility (PF) is consistent with the General Plan and its policies; and WHEREAS, the Planning Commission of the City of Los Banos scheduled and duly noticed a public hearing to consider and take testimony regarding these matters and recommended approval to the Los Banos City Council on January 22, 2025; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, the annexation and pre-zone were evaluated in an Initial Study/Mitigated Negative Declaration (SCH #2024081193) and approved by the Planning Commission of the City of Los Banos on October 23, 2024; and WHEREAS, the Los Banos City Council scheduled and duly noticed a public hearing in accordance with the California Government Code Section 65091 by advertisement in The Westside Express and by mail to property owners within 300 feet of the project boundaries on February 5, 2025 to consider and take testimony regarding these matters on February 19, 2025; and
WHEREAS, the City Council concurs with the recommendations of the Planning Commission; and
WHEREAS, the City Council finds and determines that the proposed annexation and pre-zoning of the Property contributes to the orderly development of the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITY OF LOS BANOS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein. 501
SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65869 as well as the Cortese-Knox-Hertzberg Local Governmental Reorganization Act of 2000, as amended.
SECTION 3. The City Council hereby finds and determines, as follows:
(a) the proposed zoning is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
(b) the proposed zoning is compatible with the adjacent land uses; and (c) the proposed zoning is a logical extension of the existing zoning pattern.
SECTION 4. Resolution No. 2024-29, approved by the Planning Commission on October 23, 2024, making findings as to the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program approved by and incorporated in said Resolution, which Resolution and exhibits are incorporated herein by reference as if set forth in full.
SECTION 5. The Los Banos Zoning Map is hereby amended to Pre-Zone to Public Facility (PF) approximately 170 acres, the property is located between the San Luis Canal and the Santa Fe Canal, Merced County, California, identified as Assessor's Parcel Numbers:
082-020-024, 424-010-004, and 073-220-014.
SECTION 6. In accordance with Section 65859 of the Government Code, the pre-zoning designation and zoning map changes set forth in Section 5 of this Ordinance shall become the zoning classification of the real property upon completion of the real property's annexation to the City of Los Banos.
SECTION 7. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member __ and seconded by Council Member __ on the 19th day of February 2025.
Passed on the __ day of _ ____ _, 2025 by the following vote:
AYES:
NOES:
2 502
ABSENT:
APPROVED:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
3 503
504
- Overhead Electrw: une (ExiStinJ}
Sfwer P1pehoe (Existing)
- Propo~ ~urn flolli Structurl'
- Propo~ Turnout
Propose<! B.l\ln(s)
ll lSO SOO
fttt
Basin & Stormwater Capture Project
(cty of Lo~ 8.tnos
Attachment 3
Project Location
PROVOST&
PRITCHARD
505
506
Legend
LB GP2042
~ <all other values>
GPLU_Lbl
~ Agriculture/Rural
1111 Civic/Institutional
1111 Downtown Mixed Use
~ Employment Campus
Ill High Density Residential
1-~- 011] Industrial
~ Low Density Residential
~ Medium Density Residential
- Neighborhood Commercial
~ Office/Professional
11111 Parks
1111 Regional Commercial
1111 SR 152 Bypass Corridor
l'' 11111111 11H 11'.::(~,i~
- ~ .
- - •
EXISTING GENERAL PLAN MAP
iiiiiil .. ¼0"'00 Es~ e~mph~: ~ •~·$~dM@ -
q 2tiliii@
~r~~:~sri, MaxarJ®ar.ffflGeographics. a
507
LOs Banos
I I , '" '"'" II ICI
llll:llllll'll:-~---a.:a..---..-------am=-==-_.-.-.r.t1-..--...-:-----.-~
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: February 5, 2025
Re: Notice of Public Hearing
Proposal: Annexation #2025-01, General Plan Amendment #2025-01 and Pre-Zone for the Los Banos Basin and Stormwater Capture Project
NOTICE IS HEREBY GIVEN a Public Hearing will be held by the Los Banos City Council to consider an annexation of approximately 170-acres to construct a basin for the purposes of surface and storm water capture as well as for incidental groundwater recharge. As part of the project, a General Plan Amendment is proposed to change the land use designation from Agricultural/ Rural to Civic/ Institutional to reflect the intended use of the site as a public water management facility. Additionally, the property is proposed to be pre-zoned as Public Facility to align with the planned use. The Project site is located on Merced County Assessor's Parcel Number(s): 082-020-024, 424-010- 004, and 073-220-014.
The Los Banos Planning Commission considered and approved Mitigated Negative Declaration (SCH#2024081193) for the Basin and Stormwater Capture Project on October 23, 2024. On January 22, 2023, the Los Banos Planning Commission held a public hearing and considered Annexation #2025-01, General Plan Amendment #2025- 01, and Pre-Zone for the Los Banos Basin and Stormwater Capture Project and recommended approval to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, February 19, 2025 at 6:00 p.m. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing.
THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
508
TO:
FROM:
DATE:
LOsBanos
I the Cros roads oJ C.1.difornia
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC
City Clerk/Human Resources Director
February 19, 2025
TYPE OF REPORT: Agenda
SUBJECT: Approval of a Tentative Agreement (TA) I Memorandum of Understanding (MOU) between the City of Los Banos and the Los Banos Police Middle Managers' Association (LBPMMA)
Recommendation:
Adopt the Resolution approving the TA/ MOU between the City of Los Banos and the LBPMMA.
Discussion:
The LBPMMA is a new bargaining group for the City, formally recognized in September 2024. The City has bargained in good faith with the LBPMMA and reached agreement on an initial three (3) year MOU for February 16, 2025 - June 30, 2027. The MOU includes the following items:
• COLA salary increase of one-quarter percent (.25%) for the Police Commanders and Police Services Managers, effective February 16, 2025 and three percent (3%) on July 1, 2025 and July 1, 2026.
• Equity adjustment/salary schedule increase for the Police Commanders and Police Services Manager of six and two-tenths' percent (6.2%) effective February 16, 2025; whereafter incumbents will be placed in the adjusted salary step that is Corrected
ITEM 13
509
the closest step to their salary step prior to application of the equity adjustment, which does not represent a reduction in pay.
• For Police Commanders, Certificate Pay will be $150 a month for a P.O.S.T.
Intermediate Certificate, $400 per month for a P.O.S.T. Advanced Certificate and $500 per month for a P.O.S.T. Supervisory Certificate.
• For Police Services Manager, Certificate Pay will be $75 per month for a P.O.S.T. Intermediate Dispatcher Certificate, $100 a month for a P.O.S.T. Public Safety Supervisory Certificate, $100 a month for a P.O.S.T. Records Supervisor Certificate; not to exceed $275 per month.
• The Cafeteria Plan Allowance for Health benefits will be capped at the PORAC rates.
• Vacation cash out amounts will be one hundred twenty (120) hours per calendar year and their vacation cash out leave balance must remain at eighty (80) hours after their cash out election.
• Management Leave will be forty-eight (48) hours a fiscal year. • Ratification Incentive in the amount of three-thousand fifty dollars {$3,050).
Fiscai Impact:
For Fiscal Year 2024/25, the proposed adjustment will increase salaries and benefits expenditures by approximately $43,404, for which funds were budgeted in the General Fund contingency fund to mitigate the impacts of expenditure increases from labor agreements and will be transferred to the associated salaries and benefit budgetary line items within the General Fund. Staff will ensure future increases are factored into the budget projections for the duration of the agreement.
Attachments:
Resolution
510
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A
TENTATIVE AGREEMENT / MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITY
OF LOS BANOS AND THE LOS BANOS POLICE
MIDDLE MANAGERS' ASSOCIATION
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Tentative Agreement I Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police middle Managers Association (LBPMMA); and
WHEREAS, the Memorandum of Understanding will be in effect from February 16, 2025 to June 30, 2027; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of February 19, 2025.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the LBPDCSOA is hereby approved 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 19th day of February 2025, 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:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
511
EXHIBIT A
TENTATIVE AGREEMENT BETWEEN
CITY OF LOS BANOS
AND LOS BANOS POLICE MIDDLE MANAGERS' ASSOCIATION
2024-2027
The following document contains the Tentative Agreement between the City of Los Banos (hereinafter called "City") and the Los Banos Police Middle Managers' Association (hereinafter called "LBPMMA" or "Association") (hereinafter collectively called "the parties") on wages, hours and terms and conditions of employment. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Association, and will apply to all employees covered by the Memorandum of Understanding (MOU) between the City and the Association.
Upon ratification and adoption, this Agreement will establish the new MOU between the parties dated February 16, 2025 through June 30, 2027.
The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties.
This Tentative Agreement is subject to ratification by Association membership and approval by the City Council of the City of Los Banos.
FOR THE CITY FOR THE ASSOCIATION
Gary Brizzee, Interim City Manager Eddie
~
Drum, Police Commander
Date: ---- ----- ---
512
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LOS BANOS
AND
THE LOS BANOS POLICE MIDDLE MANAGERS'
ASSOCIATION (LBPMMA)
February 16, 2025 - June 30, 2027
513
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 -June 30, 2027
TABLE OF CONTENTS
SECTION I - Preamble ............................................................................................................................................. 3 SECTION II - No Abrogation of Rights ................................................................................................................ 3 SECTION Ill - Past Practices ................................................................................................................................... 3 SECTION IV - No Discrimination .......................................................................................................................... 4 SECTION V - Recognition ....................................................................................................................................... 4 SECTION VI - Management Rights ..................................................................................................................... 5 SECTION VII - Public Employee Communication ........................................................................................... 6 SECTION VIII - Benefits ........................................................................................................................................... 7 SECTION IX - Leave Provisions ........................................................................................................................... 13 SECTION X - Pay Rates and Practices ............................................................................................................... 15 SECTION XI - Miscellaneous ............................................................................................................................... 18 SECTION XII - Provision of the Law ................................................................................................................... 18 SECTION XIII - No Strike ............................................................................. .......................................................... 18 SECTION XIV -Term ............................................................................................................................................. 19 Los Banos Police Middle Managers Assn MOU 2
514
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
SECTION I - Preamble
This Memorandum of Understanding (hereafter referred to as "MOU") is entered into by the City of Los Banos (hereafter referred to as the "City") and the Los Banos Police Middle Managers' Association (hereafter referred to as the "Association" or "PMMA"). (hereafter collectively referred to as the "Parties").
The salaries, hours, fringe benefits, and working conditions set forth in this MOU have been mutually agreed upon by the designated bargaining representatives of the City and the Association, and will apply to all employees in the bargaining unit represented by the Association.
The term will be February 16, 2025-June 30, 2027.
Employees defined for the purpose of this MOU will mean a full-time employee in one of the following job classifications:
Police Commander
Police Services Manager
This MOU is subject to Section 3500-3511 of the Government Code of the State of California otherwise known as the Meyers-Milias-Brown (MMB) Act the City of Los Banos Municipal Code, and Resolution No. 1719.
SECTION II - No Abrogation of Rights
The parties acknowledge that the City responsibilities and rights, and management responsibilities and rights, as indicated in the City of Los Banos Personnel Rules, and Regulations Resolution and all applicable State or Municipal laws and rights of the City Council are neither abrogated nor made subject to the meet and confer process by the adoption of this MOU.
SECTION Ill - Past Practices
The parties agree that this MOU supersedes any past practice covered by this Memorandum but does not affect any other written understanding agreed to by the parties not addressed in this MOU.
Los Banos Police Middle Managers Assn MOU 3
515
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 -June 30, 2027
SECTION IV - No Discrimination
The City and the Association will cooperate in pursuing a policy of no discrimination.
The City and Association further agree that no person employed by or applying for employment will be discriminated against because of race, religion, creed, political affiliation, color, national origin, ancestry, age, or sex. The parties further agree to protect the rights of individuals by complying with the provisions of the MMB Act.
Unit employees will have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment. Unit employees also will have the right to refuse to join or participate in the activities of the Association and will have the right to represent themselves individually in their employment relations with the City. No employee will be interfered with, intimidated, restrained, coerced, or discriminated against by the City of Los Banos or by any employee organization because of their exercise of these rights.
SECTION V - Recognition
A. Recognition
8. Pursuant to Section 3500-3511 of the Government Code of the State of California, the City acknowledges the Association as the recognized employee organization of the representing unit consisting of all full-time employees in the following job classifications:
Police Commanders
Police Services Manager
Payroll Deduction
The City will deduct Association membership dues, the amount to be designated by the Association, and any other mutually agreed upon payroll deductions from the monthly pay of member employees, upon receipt of written certification by the Association that it has and will maintain an authorization, signed by individual employees described in Section V, Subsection A of this MOU, entitled "Recognition," from whose salary or wages the deduction is to be made.
The City will remit the deducted dues and other mutually agreed payroll deduction to Los Banos Police Middle Managers Assn MOU 4
516
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
the Association as soon as reasonably possible after the deduction so long as the Association remains the exclusive representative for the bargaining unit, and so long as the Association continues to provide written certification of employee authorization to the City.
The Association shall certify to the City in writing as soon as reasonably possible, any changes in the required payroll deduction, and any changes to employee authorization.
The Association will not unreasonably request payroll deductions.
The Association agrees it will provide a copy of individual authorizations to the City should a dispute arise about the existence or terms of the authorization.
The Association agrees to hold the City harmless and indemnify the City against any claims, demands, causes of action, lawsuits, or other forms of liability that may arise out of, or by reason of, any action taken by the City, or any department of the City, for the purpose of complying with payroll deduction provisions or transmittal of such funds to the Association. Liability includes, but is not limited to, the City's attorney's fees and costs.
SECTION VI - Management Rights
The Association agrees that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force which the City has not specifically abridged, deleted, granted or modified by the express and specific written provisions of this Agreement are, and will remain, exclusively those of the City.
Accordingly, the City specifically, except as otherwise limited by this Agreement, reserves the exclusive right to:
• Decide the scope of service to be performed, an.d the standards and method of service. • Exercise complete control and discretion over its organization and the technology of performing its work; subject to statutory obligations.
• Train, direct, and assign its employees.
• Hire, rehire, fire, demote, suspend or otherwise discipline for just and proper cause, promote, layoff, and determine the qualifications of employees. • Transfer employees from location to location.
• Determine work shift start and end times, and the number of hours and shifts to be worked; subject to the provisions of the Fair Labor Standards Act. • Determine the content of job classifications; any change to the current job classifications or addition of new classifications will be subject to meet and confer when those changes fall within the scope of representation.
Los Banos Police Middle Managers Assn MOU 5
517
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
• To establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith. • Maintain the efficiency of City operations.
• Take all necessary action to carry out its mission in emergencies. • Merge, consolidate, expand, curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City, good business judgment makes such curtailment or discontinuance advisable; subject to meet and confer obligations over "effects" of the exercise of these rights in accordance with legal requirements.
SECTION VII - Public Employee Communication
A. New Em ployee Orientation
The parties acknowledge that the City provides a new employee orientation meeting ("orientation") to all new employees hired by the City. For new employees hired after the date of this Agreement who are appointed to a classification within the bargaining unit for which the Association is recognized as the exclusively recognized employee organization, the Association will be provided with at least ten (10) calendar days' advanced notice of the time, date and location of the orientation. The Association will be given up to thirty (30) minutes as part of, and at the end of, the new employee orientation meeting in a room designated by bargaining unit for one (1) representative to present Association membership information. Management representatives will excuse themselves during the Association portion of the orientation and the Association agrees in its portion of the orientation not to engage in speech that is opprobrious, flagrant, insulting, defamatory, insubordinate or fraught with malice as to cause substantial disruption of or material interference with City activities.
The Association will be represented at the orientation by a City employee who is an Association officer, who shall be provided up to thirty (30) minutes of paid release time to attend the orientation, with the approval of such leave subject to any operational needs.
B. Information Provided
The City will provide the Association a digital file via email, to the email address designated by the Association, containing the following information, to the extent it is maintained on file by the City:
Name
Los Banos Police Middle Managers Assn MOU 6
518
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 -June 30, 2027
Job title
Department
Work location
Work, home and personal cellular telephone numbers
Personal email addresses on file with the City
Home address.
Such information will be provided within thirty (30) days of the date of hire for new hires, and on a quarterly basis for all bargaining unit employees.
Notwithstanding the foregoing, limited to the express purpose of the requirements of Government Code section 3558 only, an employee may opt out via written request to the City (with a copy to the Association) to direct the City to withhold disclosure of the employee's home address, home telephone number, personal cellular telephone number, personal email address, and birth date.
The parties agree that this Section fully complies with and exhausts the parties' obligation to negotiate pursuant to Government Code Sections 3557 and 3558.
SECTION VIII - Benefits
A. Medical lnsu ranee Benefits
The City will contract with the California Public Employees Retirement System (CalPERS) for the purpose of providing employees with medical insurance benefits.
The City's maximum monthly contribution for each eligible active employee for the purchase of medical insurance will be equal to the minimum monthly employer contribution required under the Public Employees' Medical and Hospital Care Act (PEMHCA).
B. Section 125 Plan
The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees with access to various health and welfare benefits and to provide minimal essential coverage for medical insurance to employees and qualifying dependents. Benefits available through the Cafeteria Plan include, but are not limited to, medical insurance, flexible spending accounts for out-of-pocket medical expenses and dependent care, vision insurance, dental insurance, and life insurance benefits. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in City-sponsored health benefits under Section A of this Article. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole Los Banos Police Middle Managers Assn MOU 7
519
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 -June 30, 2027
responsibility of the employee.
The City Cafeteria Plan Allowance will be capped at the amounts listed below, and will not exceed the monthly premium for the plan at the level of coverage selected by the employee, plus the City's contribution to the City's dental, vision and life insurance plans.
Employees enrolled in City-offered CalPERS medical insurance plans are not eligible to receive cash for unused portions of the cafeteria plan allowance.
1. Tier One Section 125 Plan: For employees hired by the City before April 1, 2010 and enrolled in City offered CalPERS medical insurance, the City will provide, on a monthly basis, a Cafeteria Plan Allowance based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance ($50,000 pay out), up to the amounts listed. City contributions will not to exceed the premiums for the PORAC medical insurance plan in the Region that includes Los Banos for the employee's level of health care coverage, and will not exceed the following amounts:
Medical Dental Vision Life
Single Party $1,154 $100 $20 $10
2-Party $2,308 $100 $20 $10
Ee+ Family $3,000 $100 $20 $10
The City will pay minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA) to CalPERS. This will be deducted from the Cafeteria Plan Allowance listed above.
2. Tier Two Section 125 Plan: For employees hired by the City on or after April 1, 2010 and enrolled in City-offered CalPERS medical insurance, the City will provide, on a monthly basis, a Cafeteria Plan Allowance, based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance ($50,000 pay out), and up to the amounts listed. The City's contribution to medical, dental, vision, and life insurance (including the minimum PEMCHA contribution towards health) will not exceed the following amounts:
Effective January 1, 2025, the City will provide, on a monthly basis, a Cafeteria Plan Allowance for Tier Two employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life Los Banos Police Middle Managers Assn MOU 8
520
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
insurance (maximum $50,000 pay out}, up to the amounts below. City contributions will not to exceed the premiums for the PORAC medical insurance plan in the Region that includes Los Banos for the employee's level of health care coverage, and will not exceed the following amounts:
Medical Dental Vision Life
Single Party $1,154 $100 $20 $10
2-Party $2,165 $100 $20 $10
Ee+ Family $2,755 $100 $20 $10
Effective January 1, 2026, the City will provide, on a monthly basis, a Cafeteria Plan Allowance for Tier Two employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance (maximum $50,000 pay out}, up to the amounts below. City contributions will not to exceed the premiums for the PORAC medical insurance plan in the Region that includes Los Banos for the employee's level of health care coverage, and will not exceed the following amounts:
Medical Dental Vision Life
Single Party $1,154 $100 $20 $10
2-Party $2,270 $100 $20 $10
Ee+ Family $2,860 $100 $20 $10
Effective January 1, 2027, the City will provide, on a monthly basis, a Cafeteria Plan Allowance for Tier Two employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance (maximum $50,000 pay out}, up to the amounts below. City contributions will not to exceed the premiums for the PORAC medical insurance plan in the Region that includes Los Banos for the employee's level of health care coverage, and will not exceed the following amounts:
Medical Dental Vision Life
Single Party $1,154 $100 $20 $10
2-Party $2,308 $100 $20 $10
Ee+ Family $3,000 $100 $20 $10
The City will pay minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA} to CalPERS. This will be deducted from the Cafeteria Plan Allowance listed above.
Los Banos Police Middle Managers Assn MOU 9
521
C.
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
3. Employee enrollment in the City-provided life insurance plan and City-provided dental and vision plans is mandatory.
4. Any increase to minimum monthly employer contribution under PEMHCA will result in a corresponding decrease in the employee's Cafeteria Plan Allowance.
5. Cash-In-Lieu: Employees who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive a Cafeteria Plan Allowance of four hundred dollars ($400) per month.
Employee enrollment in dental insurance, vision insurance, and the basic life insurance plans offered by the City is mandatory, including for employees who opt out of City health insurance plans. Enrollment of qualifying dependents in City-offered dental insurance, vision insurance, and life insurance is optional.
For employees who opt out of City-provided medical insurance, City monthly contributions to dental, vision and life insurance (maximum $50,000 pay out plan) will be based on the employee's enrolled plan. City contributions will not exceed the following amounts:
Dental Vision Life
Single Party $100 $20 $10
2-Party $100 $20 $10
Ee+ Family $100 $20 $10
6. Subject to the City's request, the City and Association shall reopen to discuss the impact of healthcare legislation, including but not limited to, the Affordable Care Act, and/or its impacts.
Retirement Program
1. Miscellaneous Em ployee Pension: Regular employees, hired before January 1, 2011 will receive a CalPERS retirement benefit based on the 2.7%@ 55 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the CalPERS 2.7%@ 55 Plan.
Regular employees, hired on or after January 1, 2011, will receive a CalPERS retirement benefit based on the 2% @ 60 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to Los Banos Police Middle Managers Assn MOU 10
522
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
the CalPERS 2%@ 60 Plan.
Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act {PEPRA) will receive the 2% at age 62 retirement formula, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.
2. Public Safety Employee Pension: Regular employees, hired before January 1, 2011 will receive a CalPERS retirement benefit based on the 3% @ 50 formula as set forth in Cal PERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the Cal PERS 3% @ SO Plan.
Regular employees, hired on or after January 1, 2011, will receive a CalPERS retirement benefit based on the 3% @ 55 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the Caf PERS 3% @ 55 Plan.
In accordance with Section 20516(a) of the California Government Code, each employee defined as a "classic" member of Caf PERS enrolled in 3% @ 50 or 3% @55 pension formulas shall have deducted from their compensation a three percent {3%) cost share in addition to the nine percent (9%) member contribution (i.e., 12% total contribution).
The parties mutually recognize and acknowledge that the cost-sharing provisions provided herein satisfy the terms set forth in Government Code 20516.5.
The City makes no representation as to the tax consequences of cost sharing contributions. The above described cost-sharing contributions shall be made in accordance with IRS requirements.
Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act {PEPRA) will receive the 2.7% at age 57 retirement formula, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.
D. Retiree Medical
Los Banos Police Middle Managers Assn MOU 11
523
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 -June 30, 2027
1. The City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute "annuitants" as defined by the PEMHCA.
2. 3.
The City's maximum monthly contribution for each eligible annuitant will be equal to the minimum employer contribution required under the PEMHCA. The provisions of the PEMHCA will govern medical insurance coverage for annuitants.
Tier One Retiree Lon gevity Pa y: Employees hired before October 1, 2002 and who, at the time of retirement directly from the City, constitute an "annuitant" as defined by the PEMHCA, will receive the following:
a. From the date of retirement and until such time the retiree becomes eligible for Medicare, the City will contribute an amount equal to the health plan premium cost for the employee's elected health care plan up to the amount of the premium for the Blue Shield Health Maintenance Organization (HMO) or if the Blue Shield HMO is not offered in the area, rates are based on the lowest available plan offered by CalPERS, less the City's minimum monthly employer contribution under PEMHCA. b. Upon attaining Medicare eligibility, the City will contribute an amount equal to the health plan premium cost for the elected health care plan up to the amount of the premium for the Blue Shield Health Maintenance Organization (HMO) or if the Blue Shield HMO is not offered in the area, rates are based on the lowest available plan offered by CalPERS, supplemental Medicare plan, offered by CalPERS, less the amount of the City's minimum monthly employer contribution under PEMHCA. c. Employees will not be entitled to City payments, as specified above, during employment.
Tier Two Retiree Longevity Pay: Employees hired between October 1, 2002 and June 30, 2008 and who, at the time of retirement directly from the City, constitute an "annuitant" as defined by the PEMHCA, will receive the following:
a. From the date of retirement and until such time that the retiree becomes eligible for Medicare, the City will contribute an amount to cover fifty percent (50%) of the Blue Shield Access HMO plan for employees with ten (10) years of service, plus an additional five percent (5%) of the cost of the Blue Shield Access HMO plan for each additional year of service beyond ten (10) years, up to one-hundred percent (100%) of the Blue Shield Access HMO plan after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under Los Banos Police Middle Managers Assn MOU 12
524
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
PEMHCA.
b. Upon attaining Medicare eligibility, the City's contribution will equal the cost of fifty percent (50%) of the supplemental Medicare plan offered by CalPERS for employees with ten (10) years of service, plus an additional five percent (5%) of the cost of the supplemental Medicare plan offered by CalPERS for each additional year of service beyond ten (10) years, up to one-hundred percent (100%) of the supplemental Medicare plan offered by CalPERS after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA. c. Employees will not be entitled to City payments, as specified above, during employment.
E. Retiree Health Savings Plan (RHSP): For Employees hired on or after July 1, 2008, the City has established a program to which the City and employees participate to save, on a tax deferred basis, money to help pay the cost of healthcare once an individual retires.
The RHSP may be used for expenses as provided under the terms of the Plan. Any tax consequences resulting from City contributions to the RHSP are the sole responsibility of the employee. Participation is mandatory for all employees hired on or after July 1, 2008.
1. Starting after an employee has successfully completed their initial probationary period, the City will contribute Seventy-five dollars ($75) per month to the employee's RHSP account. Likewise, the employee will contribute Seventy-five dollars ($75) per month to their RHSP account.
2. During an employee's initial hire probationary period with the City, neither the employee nor the City will contribute to the employee's RHSP account. Upon successful completion of the initial hire probationary period, the City will contribute a lump sum of Seventy-five dollars ($75) per month for each month served in the employee's initial probationary period.
3. Upon cessation of employment with the City, the City will cease contributions to the individual's RHSP account.
SECTION IX - Leave Provisions
A. Vacation
1. Vacation benefits will be accrued, credited, and used in accordance with the City of Los Banos Vacation Leave Policy, and as amended during the term of this agreement; refer to City of Los Banos Policy & Procedures Manual.
2. Compensation for Unused Vacation Time
Los Banos Police Middle Managers Assn MOU 13
525
B.
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
Eligible employees shall, at time of resignation, discharge, or retirement, be compensated for all accrued, unused vacation hours at the current regular rate of pay.
Effective December 15, 2025 employees may cash out accrued vacation time under the following conditions. Annually, no later than by December 31, 2025 and every December 15th, employees may submit an irrevocable election form to Human Resources to receive payment of an elected amount of earned, unused vacation in payments on June 5th and/or December 5th of the next calendar year. Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional vacation cash out program. Cash out of vacation will be paid by separate check upon request. Employees may not cash out more vacation than they accrue in a calendar year, up to one hundred twenty (120) hours per calendar year, and their vacation leave balance must remain above eighty (80) hours after application of the cash out election. Vacation cash out will be paid at the employee's regular rate of pay.
Holidays
For regular employees on a 40-hour workweek, holidays will be handled in accordance with provisions of the City of Los Banos Holiday Leave Policy; City of Los Banos Policy Manual in effect on the date of this agreement.
C. Sick Leave
The City will provide Sick Leave benefits in accordance with the City of Los Banos Sick Leave Policy and as amended during the term of this agreement; refer to City of Los Banos Policy & Procedures Manual.
D. Management Leave
Effective the first full pay period following City Council approval of a new MOU in 2025, in recognition of the fact that employees in the bargaining unit are not entitled to accrue compensatory time off or receive overtime pay for hours worked in excess of regular duty time, shall be entitled to forty-eight (48) hours of management leave, with full salary and benefits, during every fiscal year of employment in such position. New employees hired after the July 1st accrual date will be prorated accordingly. If Management Leave is not taken during the Fiscal Year it was earned, it will not be carried over and the employee will lose their right to the unused days. Further, a Middle Management employee who leaves the City employment shall not be compensated for any unused Management Leave to which they would otherwise have been entitled.
Los Banos Police Middle Managers Assn MOU 14
526
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
SECTION X - Pay Rates and Practices
A. Pay Rates
1. FY 24/ 25 COLA: Effective February 16, 2025 contingent on City Council approval of the new MOU on February 19, 2025, the salary schedules for job classifications represented by the bargaining unit will be increased by a Cost of Living Adjustment of one-quarter percent (0.25%), to reflect monthly salary ranges as follows:
2. 3.
Police Commander:
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
$,10,779 $._11l318 $_11t884 $._12t478 $,13,102 $._13t757 Police Services Manager:
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
$,,7,778 $,8,167 $,B,575 $,9,004 $,9,454 $,9,927
Equity Ad justments: Effective February 16, 2025 contingent on City Council approval of the new MOU on February 19, 2025, the salary schedules for job classifications represented by the bargaining unit will be increased by an equity adjustment of six and two-tenths' percent (6.2%), to reflect monthly salary ranges as follows:
Police Commander·
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
$_11,447 $,12,020 $_12,621 $_13l252 $,13t915 $_141611
Police Services Manager·
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
$,8,260 $,8,673 9,107 $,9,562 $_10,040 $._101542
Following the equity adjustment, incumbents will be placed in the adjusted salary step that is the closest step to their salary step prior to application of the equity adjustment. Such adjustment may result in employees being placed in a lower salary step, but shall not result in a reduction in pay.
Ratification Incentive: Effective the first pay period following City Council approval of a successor MOU in 2025, all current employees will receive a lump Los Banos Police Middle Managers Assn MOU 15
527
B.
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
sum payment of three-thousand fifty dollars ($3,050) as non-discretionary incentive to ratify the agreement. An employee must be in full paid status for the entire pay period in which the lump sum is paid to be eligible to receive the payment. It is the intent of the parties that the lump sum payment will not be treated as salary or wages, as the payment 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.
4. FY 25/ 26 COLA: Effective July 1, 2025, whichever is later the salary schedules for job classifications represented by the bargaining unit will be increased by a Cost of Living Adjustment of three percent (3%), to reflect monthly salary ranges as follows:
5. Police Commander·
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
~11t790 ~12i380 $.12i999 ~13i649 ~14t331 $.15L048
Police Services Manager:
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
$_8,508 $.8,933 $_9,380 $_9,849 ~10,341 $.lOLBSB
FY 26/ 27 COLA: Effective July 1, 2026, the salary schedules for job classifications represented by the bargaining unit will be increased by a Cost of Living Adjustment of three percent (3%}, to reflect monthly salary ranges as follows:
Police Commander:
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
~12,144 $.12,751 ~13,389 ~14,058 $.14L761 $.1SL499
Police Services Manager:
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
$.8,763 $.9,201 $.9,661 $.10i144 ~10,651 $.11i184
POST Certificate Pay
Los Banos Police Middle Managers Assn MOU 16
528
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
Police Commanders: Effective the first full pay period following City Council approval of a new MOU in 2025, Commanders who have been approved by the Chief of Police will be entitled to receive the following compensation when they have been awarded and hold the specified California Commission on Peace Officers Standards (P.O.S.T.} Certificate as follows:
• One Hundred fifty dollars ($150} per month for a P.O.S.T. Intermediate Certificate, or
• Four Hundred dollars ($400} per month for a P.O.S.T. Advanced Certificate, or • Five Hundred dollars ($500) per month for a P.O.S.T. Supervisory Certificate Police Services Manager
Effective the first full pay period following City Council approval of a new MOU in 2025, Police Services Managers who have been approved by the Chief of Police will be entitled to receive the following compensation when they have been awarded and hold the specified California Commission on Peace Officer Standards and Training Certificate as follows:
• Seventy-Five dollars ($75) per month for a P.O.S.T. Intermediate Dispatcher Certificate, and
• One Hundred dollars ($100) per month for a P.O.S.T. Public Safety Dispatcher Supervisory Certificate, and
• One Hundred dollars ($100) per month for a P.O.S.T. Records Supervisor Certificate
Not to exceed Two Hundred Seventy-Five dollars ($275) per month for any combination of the above.
C. Education Incentive -Allowance
In accordance with the City's Educational Incentive Policy, City of Los Banos Policy & Procedures Manual Division 5-G, and as amended during the term of this agreement, effective the first full pay period following City Council adoption of a new MOU, qualified Sergeants will be entitled to receive Educational Incentive pay for completing the following degrees, which enhance their ability to do their job, as follows:
• One hundred dollars ($100) per month for an AA/AS Degree, or • One hundred seventy-five dollars ($175) per month for a BA/BS Degree, or • Two hundred twenty-five dollars ($225) per month for a Master's Degree.
D. Tuition Reimbursement
The City will provide reimbursement for schools, tuition, and specific expenses in accordance with the guidelines set forth in the City of Los Banos Tuition Reimbursement Los Banos Police Middle Managers Assn MOU 17
529
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
Policy and as amended during the term of this agreement; refer to City of Los Banos Policy & Procedures Manual.
E. Promotion
An employee who is promoted to a classification having a greater maximum salary will be placed on the lowest step of the new range that results in not less than a five percent {5%) increase above the employee's current regular salary.
SECTION XI - Miscellaneous
A.
B.
Uniforms
The City will report the monetary value of uniforms and uniform maintenance per California Code of Regulations Section 571 for those employees required to wear uniforms, except those CalPERS members who fall under the PEPRA. The uniform purchase and maintenance amount reported to CalPERS will be derived from the City's total calendar year cost for providing the employee's uniforms, not to exceed $1,000.00 per fiscal year, per employee.
Personnel Rules Update
During the term of the agreement, the City shall provide the Association with notice and the opportunity to meet and confer over updates to the City's Personnel Rules that affect wages, hours and terms and conditions of employment.
SECTION XII - Provision of the Law
This MOU is subject to all applicable current and future Federal and State laws, State regulations, the Municipal Code of the City of Los Banos and the Constitution of the State of Ca I ifo rn i a.
Should any of the provisions herein contained be rendered or declared invalid by reason of the State or Federal legislation or court action, such invalidations of such part of portions hereof will not invalidate the remaining portions hereof and they will remain in full force and effect, insofar as such remaining portions are severable.
SECTION XIII - No Strike
The Association, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any unlawful strike, slowdown, stoppage of work, curtailment of production, refusal to operate designated equipment {provided such equipment is safe and sound) or to perform customary duties; and neither the Association nor any representatives Los Banos Police Middle Managers Assn MOU 18
530
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
thereof shall engage in unlawful job action for the purpose of effecting changes in the directive or decisions of management of the City, nor to effect a change of personnel or operations of management or of employees not covered by this MOU. No lockout of employees shall be instituted by the City during the term of this MOU.
SECTION XIV -Term
The term of this MOU will commence on February 16, 2025 and will expire June 30, 2027, except as otherwise provided in this MOU.
Los Banos Police Middle Managers Assn MOU 19
531
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Middle Managers' Association
February 16, 2025 - June 30, 2027
SO AGREED:
FOR THE LOS BANOS POLICE MIDDLE
MANAGERS' ASSOCIATION
Signature
Pt2851r>e: tv T ) t c?mMJ!VV/J&'-
,
Title:
Date:_~_ -_
1_-i--,_ -Z--_S-- _ _ -___ _
Los Banos Police Middle Managers Assn MOU 20
FOR THE CITY OF LOS BANOS
Signature
Title:
Date: ___________ _
532
DIVISION 4
SALARY SCHEDULE
(Approved , 2025 I Effective
EXHIBIT A
I 2025}
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY
SECTION G - POLICE
TOTAL POSITIONS AUTHORIZED (83)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP 4 STEP 5 STEPS Police Commander (2) * ~ .:14;2W 44,8aa ~~.448 4¥}-70 ~
0.25% 2/19/2025 10,779 11,318 11.884 12.478 13.102 13.757
6.2% 2119/2025 11.447 12,020 12,621 13.252 13.915 14,611 3% 71112025 11,790 12,380 12.999 13.649 14,331 15,048
3% 7/112026 12.144 12,751 13.389 14,058 14,761 15.499
Police Services Manager (1) * +;-7-W 8,-14+ 8,5§4 ~ 9,434 9,9Q3
0.25% 2119/2025 7.778 8.167 8,575 9,004 9.454 9,927
6.2% 2119/2025 8,260 8.673 9,107 9.562 10,040 10,542
3% 7/112025 8,508 8,933 9,380 9,849 10,341 10.858
3'.4 7/112026 8.763 9,201 9.661 10.144 10.651 11.184
534
TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC .J>"'
City Clerk/Human Resources Director
February 19, 2025
TYPE OF REPORT: Agenda
SUBJECT: Approval of a Tentative Agreement (TA)/ Memorandum of Understanding (MOU) between the City of Los Banos and the Los Banos Police Officers' Association (LBPOA)
Recommendation:
1. Adopt the Resolution approving the TA / MOU between the City of Los Banos and the LBPOA.
2. Adopt the Resolution approving the associated amendments to the salary schedule.
Discussion:
The City has bargained in good faith with the LBPOA and reached agreement on a three (3) year MOU for July 1, 2024 - June 30, 2027. The MOU includes the following items:
• COLA salary increase of two and three-quarters percent (2.75%) for Police Officers effective February 16, 2025, July 1, 2025 and July 1, 2026. • Equity adjustment/salary schedule increase for Police Officers of one quarter percent (.25%) effective February 16, 2025, July 1, 2025 and July 1, 2026 ITEM 14
535
• Amendment to the Cafeteria Plan Allowance (Health, Vision, Dental, Life Insurances) as it pertains to increasing the dollar caps amount over the term of the agreement.
• Uniform Allowance will be increased to $1,000 per year. • Certificate Pay will be increased to $150 for P.O.S.T. Intermediate Certificate. • Master Officer Pay (MPO) will increase to $200 a month for MPO I and $642 a month for MPO II.
• Ratification Incentive in the amount of three-thousand forty-six dollars ($3,046).
Fiscal Impact:
For Fiscal Year 2024/25, the proposed adjustment will increase salaries and benefits expenditures by approximately $201, 171.05 for which funds were budgeted in the General Fund contingency fund to mitigate the impacts of expenditure increases from labor agreements and will be transferred to the associated salaries and benefit budgetary line items in the following Funds: General $131,968, Measure H $21,726, Measure P $21,726, Police CFO 2001-02 $21,726 and SLESF COPS Program $4,025.
Staff will ensure future increases are factored into the budget projections for the duration of the agreement.
Reviewed by:
B~J~rinancial Consullanl , Interim City Manager
Attachments:
Resolutions
536
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A
TENTATIVE AGREEMENT / MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITY
OF LOS BANOS AND THE LOS BANOS POLICE
OFFICERS' ASSOCIATION
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Tentative Agreement I Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Officers' Association (LBPOA); and WHEREAS, the Memorandum of Understanding will be in effect from July 1, 2024 to June 30, 2027; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of February 19, 2025.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the LBPDCSOA is hereby approved 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 19th day of February 2025, 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:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
537
538
EXHIBIT A
TENTATIVE AGREEMENT BETWEEN
CITY OF LOS BANOS
AND LOS BANOS POLICE OFFICERS' ASSOCIATION
2024-2027
The following document contains the Tentative Agreement between the City of Los Banos (hereinafter called "City") and the Los Banos Police Officers' Association (hereinafter called "LBPOA" or "Association") (hereinafter collectively called "the parties") on wages, hours and terms and conditions of employment. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Association, and will apply to all employees covered by the Memorandum of Understanding (MOU) between the City and the Association.
Upon ratification and adoption, this Agreement will amend the MOU between the parties dated December 1, 2021- June 30, 2024.
The amended MOU shall supersede all other Memoranda of Understanding and agreements between the parties. Language in the MOU between the parties not amended by this Tentative Agreement will remain unchanged. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties.
This Tentative Agreement is subject to ratification by Association membership and approval by the City Council of the City of Los Banos.
FOR THE CITY FOR THE ASSOCIATION
Gary Brizzee, Interim City Manager Michael Neal, Police Officer Date: _.z._').._. l_l-\_. Z-_S"' _____ _ Date: __ ~__,~_'/_3_,,_/4_:z_o.:?_s--_____ _ 539
540
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LOS BANOS
AND
THE LOS BANOS POLICE OFFICERS
ASSOCIATION (LBPOA)
December 1, 2021 June 30, 2024
July 1, 2024 - June 30, 2027
541
Table of Contents
SECTION I - Preamble ...................................................................................................................................... 1 SECTION II - No Abrogation of Rights ....................................................................................................... I SECTION Ill - Past Practices .......................................................................................................................... I SECTION IV - No Discrimination .................................................................................................................. 1 SECTION V - Recognition ............................................................................................................................... 2 SECTION VI -Rights of the Parties ............................................................................................................ .4 SECTION VII - Benefits ..................................................................................................................................... 6 SECTION VIII - Leave Provisions ........................................................................................................... .UY SECTION IX - Pay Rates and Practices ......................................................................................... 21~ SECTION X - Miscellaneous ................................................................................................................. 35~ SECTION XI - Provision of the Law ................................................................................................... 37~ SECTION XII -TERM ............................................................................................................................... 37~ 542
MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Los Banos Police Officers Association
December 1, 2021 July 1, 2024 - June 30, 20272024
SECTION I - Preamble
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into by the City of Los Banos (hereafter referred to as "City") and the Los Banos Police Officers Association (hereafter referred to as "Association") on wages, hours and terms and conditions of employment.
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Association, and will apply to all employees covered by the MOU between the City and the Association.
The term will be December 1, 2021July 1. 2024, and through June 30, 2027 2024.
Employees defined for the purpose of this MOU will mean a full-time Police Officer.
This MOU is subject to Section 3500-3511 of the Government Code of the State of California otherwise known as the Meyers Milias Brown (MMB) Act, the City of Los Banos Municipal Code, and Resolution No. 1719.
SECTION II - No Abrogation of Rights
The parties acknowledge that the City responsibilities and rights and management responsibilities and rights as indicated in the City of Los Banos Personnel Rules and Regulations Resolution and all applicable State or Municipal laws and rights of the City Council are neither abrogated nor made subject to the meet and confer process by the adoption of this MOU.
SECTION Ill - Past Practices
The parties agree that this MOU supersedes any past practice covered by this Memorandum but does not affect any other written understanding agreed to by the parties not addressed in this MOU.
SECTION IV - No Discrimination
543
The City and the Association will cooperate in pursuing a policy of no discrimination and affirmative action.
The City and Association further agree that no person employed by or applying for employment will be discriminated against because of race, religion, creed political affiliation, color, national origin, ancestry, age, or sex. The parties further agree to protect the rights of individuals by complying with the provisions of the MMB Act.
Unit employees will have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment. Unit employees also will have the right to refuse to join or participate in the activities of the Association and will have the right to represent themselves individually in their employment relations with the City. No employee will be interfered with, intimidated, restrained, coerced, or discriminated against by the City of Los Banos or by any employee organization because of his/her exercise of these rights.
SECTION V - Recognition
A. Recognition
Pursuant to Section 3500-3511 of the Government Code of the State of California, and Resolution No. 2491, the City has certified the Association as the recognized employee organization of the representing unit consisting of all full-time Police Officers.
B. Payroll Deduction
The City will deduct Association membership dues, fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter "payroll deductions"), the amount to be designated by the Association, , upon receipt of written certification by the Association that it has and will maintain an authorization, signed by individual employees described in Section V, Subsection A of this MOU, entitled "Recognition," from whose salary or wages the deduction is to be made.
The City will provide the Association with a copy of previously submitted authorization cards provided to the City.
2 544
The City will remit the payroll deductions to the Association as soon as reasonably possible after the deduction.
The Association shall certify to the City in writing as soon as reasonably possible, any changes in the required payroll deduction, and any changes to employee authorization.
If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the Association. Any such dues deduction revocation, cancellation and/or change shall only be effective when submitted by the Association directly to the City and is subject to the terms and conditions set forth in the original payroll deduction/authorization.
The City shall apply amended payroll deduction/authorization terms in the first full pay period following notice from the Association, if received before or on the date that time sheets are due. Otherwise, amended terms will be applied the following pay period. The Association will not unreasonably request payroll deductions.
The Association agrees it will provide a copy of individual authorizations to the City should a dispute arise about the existence or terms of the authorization.
The Association agrees to hold the City harmless and indemnify the City against any and all claims, demands, causes of action, lawsuits, and other forms of liability that may arise out of, or by reason of, any action taken by the City, or any department of the City for the purpose of complying with payroll deductions. This includes, but is not limited to, the City's attorney fees and costs. The City shall provide written notice of any claim it receives to the Association.
C. Policies
D.
During the term of this Agreement, changes to City of Los Banos policies referred to in this MOU that affect wages, hours and terms and conditions of employment will be subject to the meet and confer process as required by law.
Public Employee Communication
1. New Employee Orientation
The parties acknowledge that the City provides a new employee orientation 3 545
meeting ("orientation") to all new employees hired by the City. For new employees hired after the date of this Agreement who are appointed to a classification within the bargaining unit for which the Association is recognized as the exclusively recognized employee organization, the Association will be provided with at least ten (10) calendar days' advanced notice of the time, date and location of the orientation. The Association will be given up to thirty (30) minutes as part of, and at the end of, the new employee orientation meeting in a room designated by bargaining unit for one (1) representative to present Association membership information. Management representatives will excuse themselves during the Association portion of the orientation.
The Association representative will be provided reasonable paid release time sufficient to attend the Association membership portion of the orientation, with the approval of such leave subject to any operational needs.
2. Information Provided
The City will provide the Association a digital file via email, to the email address designated by the Association, containing the following information, to the extent it is maintained on file by the City:
Name
Job title
Department
Work location
Such information will be provided within thirty (30) days of the date of hire for new hires, and on a quarterly basis for all bargaining unit employees.
The parties agree that this Section fully complies with and exhausts the parties' obligation to negotiate pursuant to Government Code Sections 3557 and 3558.
SECTION VI -Rights of the Parties
A. Management Rights
The Association agrees that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force that the City have not specifically abridged, deleted, granted or modified by the express and specific written provisions of this 4 546
Agreement, are, and will remain, exclusively those of the City. Accordingly, except as otherwise limited by this Agreement or State or Federal law (including but not limited to the Meyers-Milias-Brown Act), the City specifically reserves the exclusive right to:
1. Decide the scope of service to be performed, and the standards and method of service;
2. Exercise control and discretion over its organization and the technology of performing its work;
3. Train, direct, and assign its employees;
4. Hire, rehire, fire, demote, suspend or otherwise discipline for just and proper cause, promote on the basis of merit, layoff employees due to a lack of work or lack of funds;
5. Transfer employees from location to location for non-punitive purposes;
6. Determine the content of job classifications; any change to the current job classifications or addition of new classifications will be subject to meet and confer when those changes fall within the scope of representation;
7. Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith;
8. Maintain the efficiency of City operations;
9. Take all necessary action to carry out its mission in emergencies; and
10. Expand or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City, good business judgment makes such curtailment or discontinuance advisable; subject to meet and confer obligations over "effects" of the exercise of these rights in accordance with legal requirements.
B. Association Rights
The Association will be afforded all rights under the Meyers-Milias-Brown Act.
Except in cases of emergency, reasonable advance written notice shall be given 5 547
to the Association if it is affected by any ordinance, rule, resolution, policy or regulation relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, and the Association shall be given the opportunity to meet and confer with such body prior to any final decision being made. In cases of emergency when the City management determines that an ordinance, rule, resolution, policy, or regulation must be adopted immediately without prior notice or meeting with the Association, City Management shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
SECTION VII - Benefits
The City will contribute towards the City sponsored benefit plans during the life of the MOU as follows:
A. Medical Insurance Benefits
The City will contract with the California Public Employees Retirement System (CalPERS) for the purpose of providing employees with medical insurance benefits.
The City's maximum monthly contribution for each eligible active employee for the purchase of medical insurance will be equal to the minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA).
B. Cafeteria Plan
The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees with access to various health and welfare benefits and to provide minimum essential coverage for medical insurance to employees and qualifying dependents. Benefits available through the Cafeteria Plan include, but are not limited to, medical insurance, flexible spending accounts for out-of-pocket medical expenses and dependent care, vision insurance, dental insurance and life insurance benefits. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in Citysponsored health benefits under Section A of this Article. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole responsibility of the employee.
6 548
The City Cafeteria Plan Allowance will be capped at the amounts listed below, and will not exceed the monthly premium for the plan at the level of coverage selected by the employee, minus the PEMHCA minimum employer contribution for health insurance; plus the City's contribution to eighty five dollars ($85) per month in recognition of premiums forthe City's life, dental and vision insurance plans.
Employee enrollment in dental insurance. vision insurance, and the basic life insurance (maximum $50,000 pay out) plans offered by the City is mandatory; enrollment of qualifying dependents in City-offered dental and vision insurance is optional.
Effective the first month following City Council approval of a successor MOU in 2025, the City will provide. on a monthly basis. a Cafeteria Plan Allowance for employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance (maximum $50,000 pay out}. up to the amounts below. City contributions will not to exceed the premiums for the PORAC medical insurance plan in the Region that includes Los Banos for the employee's level of health care coverage, and will not exceed the following amounts:
Medical Dental Vision Life
Single Partv $1,154 $100 $20 llQ
2-Party $2,165 $100 $20 llQ
Ee+ Family $2,755 $100 $20 llQ
Effective January 1, 2026, the City will provide, on a monthly basis. a Cafeteria Plan Allowance for employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance (maximum $50,000 pay out), up to the amounts below. City contributions will not to exceed the premiums for the PORAC medical insurance plan in the Region that includes Los Banos for the employee's level of health care coverage, and will not exceed the following amounts:
Medical Dental Vision Life
Single Party $1,154 $100 $20 llQ
2-Party $2,270 $100 $20 llQ
Ee+ Family $2,860 $100 $20 llQ
Effective January 1, 2027. the City will provide. on a monthly basis. a Cafeteria 7 549
Plan Allowance for employees based on the employee's enrolled plan and level of health insurance coverage for medical. dental. vision, and basic life insurance (maximum $50,000 pay out), up to the amounts below. City contributions will not to exceed the premiums for the PORAC medical insurance plan in the Region that includes Los Banos for the employee's level of health care coverage , and will not exceed the following amounts:
Medical Dental Vision Life
Single Party $1,154 $100 $20 fil.Q
2-Party $21308 $100 $20 fil.Q
Ee+ Family $31000 $100 $20 fil.Q
The City will pay minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA) to CalPERS. This will be deducted from the Cafeteria Plan Allowance listed above.
Employees who opt out of medical plans sponsored by the City, and sign an Attestation and Release, and provide proof of Minimum Essential Coverage as defined by the ACA for the employee and members of the employee's tax family, will receive a Cafeteria Plan Allowance of four hundred dollars ($400) per month.
Employee enrollment in dental insurance, vision insurance, and the basic life insurance plans offered by the City is mandatory, including for employees who opt out of City health insurance plans. Enrollment of qualifying dependents in Cityoffered dental and vision insurance is optional. For employees who opt out of Cityprovided medical insurance, effective the first month following City Council approval of a successor MOU in 2025, City monthly contributions to dental, vision and life insurance will be based on the employee's enrolled plan and level of health insurance coverage for dental. vision, and basic life insurance (maximum $50,000 pay out), up to the amounts below. City contributions will not exceed the following amounts:
Dental Vision Life
Single Party $100 $20 l1.Q
2-Partv $100 $20 l1.Q
Ee+ Family $100 $20 l1.Q
Employees enrolled in City o:ff€red CalPERS medical insurance plans are not eligible to receive cash for unused portions of the cafeteria plan allowance. 8 550
Employees enrolled in City offered CalPERS health insurance regardless of hire date, the City will provide, on a monthly basis, for the purpose of providing minimum essential coverage to employees and dependents, a Cafeteria Plan l\1101.•.iance, based on the employee's plan and level of health care coverage, not to exceed the premiums for the PORAC Region that includes Los Banos for the employee's le1,el of health care coverage, minus the PEMHCA minimum employer contribution for health insurance, plus eighty five dollars ($85) per month in recognition of premiums for City's life, dental and vision insurance plans.
Employees enrolled in City offered CalPERS medical insurance plans are not eligible to receive cash for unused portions of the cafeteria plan allm\'ance.
If the combined premiums for the employee's dental, vision and life insurance plans and level of coverage are less than eighty five dollars ($85) per month, the employee can apply the difference tov.1
ard the employee's medical insurance
premium.
For 2021, PORAC Region 1 plan rates are $799 per month for single party coverage; $1,725 per month for 2 party coverage; and $2,199 per month for family coverage.
If the cost of family coverage in PORI\C for the Region that includes Los Banos reaches or exceeds two thousand six hundred dollars ($2,600) per month, the City's contribution to the cafeteria plan for all levels of coverage will be capped and 'Nill cease to automatically escalate based on annual PORAC premium increases.
If the upcoming year's PORI\C premium for family coverage 'Nill exceed $2,600, the City contribution for family coverage for the upcoming year will be capped at $2,600. If that occurs, the City contribution for single and two party coverage for the upcoming year will be increased by the same percentage necessary to reach $2,600 for family coverage, and 'Nill be capped at those amounts.
Employee enrollment in dental, vision and life insurance plans offered by the City is mandatory.
Effective July 1, 2010, employees who opt out of medical plans sponsored by the City, and who sign an Attestation and Release, and provide proof of Minimum Essential Coverage as defined by the AC/\ for the employee and members of the employee's tax family, 'Nill receive a Cafeteria Plan Allowance of $485 per month, of which part must be used to enroll in mandatory life insurance, dental insurance 9 551
C.
and vision insurance coverage.
Subject to the City's request, the City and Association shall reopen to discuss the impact of healthcare legislation, including but not limited to, the Affordable Care Act, and/or its impacts.
Pension Program and Cost Sharing
1. Pension Formula.
a. Tier One: Regular employees, hired before January 1, 2011 will receive a CalPERS retirement benefit based on the 3% @ 50 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the Cal PERS 3% @ 50 Plan.
b. Tier Two: Regular employees, hired on or after January 1, 2011, will receive a CalPERS retirement benefit based on the 3%@ 55 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the CalPERS 3% @ 55 Plan.
c. Tier Three: Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA)will receive the 2.7% at age 57 retirement formula, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.
2. Pension Cost Sharing.
In accordance with Section 20516(a) of the California Government Code, each employee defined as a "classic" member of CalPERS enrolled in 3% @ 50 or 3% @55 pension formulas shall have deducted from their compensation a three percent (3%) cost share in addition to the nine percent (9%) member contribution (i.e., 12% total contribution).
The parties mutually recognize and acknowledge that the cost-sharing provisions provided herein satisfy the terms set forth in Government Code 10 552
20516.5.
The City makes no representation as to the tax consequences of cost sharing contributions. The above described cost-sharing contributions shall be made in accordance with IRS requirements.
D. Retiree Medical
E.
1. The City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute "annuitants" as defined by the PEMHCA.
The City's maximum monthly contribution for each eligible annuitant will be equal to the minimum employer contribution required under the PEMHCA.
The provisions of the PEMHCA will govern medical insurance coverage for annuitants.
Retiree Longevity Pay
1. Employees hired before October 1, 2002 and who, at the time of retirement, constitute an "annuitant" as defined by the PEMHCA, will receive the following:
a. From the date of retirement and until such time the retiree becomes eligible for Medicare, the City will contribute an amount equal to the health premium for the employee's elected health care plan and level of coverage, less the City's minimum monthly employer contribution under PEMHCA.
b. Upon attaining Medicare eligibility, the City will contribute an equal to the premium cost for the supplemental Medicare plan offered by Cal PERS, less the amount of the City's minimum monthly employer contribution under PEMHCA.
c. Employees will not be entitled to City payments into the Health Savings Plan during employment.
2. Employees hired between October 1, 2002 and March 16, 2010 and who, at the time of retirement, constitute an "annuitant" as defined by the PEMHCA, will receive the following:
11 553
F.
a. From the date of retirement and until such time that the retiree becomes eligible for Medicare, the City will contribute an amount equal to fifty percent (50%) of the Blue Shield Access HMO plan for employees with ten (10) years of service, plus an additional five percent (5%) of the cost of the Blue Shield Access HMO plan for each additional year of service beyond ten (10) years, up to onehundred percent (100%) of the Blue Shield Access HMO plan after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA.
b. Upon attaining Medicare eligibility, the City's contribution to the Health Savings Plan Account will equal the cost of fifty percent (50%) of the supplemental Medicare plan offered by CalPERS for employees with ten (10) years of service, plus an additional five percent (5%) of the cost of the supplemental Medicare plan offered by Cal PERS for each additional year of service beyond ten (10) years, up to one-hundred percent (100%) of the supplemental Medicare plan offered by Cal PERS after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA.
c. Employees will not be entitled to City payments into the Health Savings Plan during employment.
Retiree Health Savings Plan
1. For employees hired on or after March 17, 2010, the City will establish a Retiree Health Savings Plan Account to which the City and employees contribute to save, on a tax-deferred basis, money to help pay the cost of healthcare once an individual retires. The Retiree Health Savings Plan Account may be used for health-related expenses as provided under the terms of the Plan. Any tax consequences resulting from City contributions to the Retiree Health Savings Plan Account are the sole responsibility of the employee.
a. Participation is mandatory for all employees hired on or after March 17, 2010;
b. For employees hired on or after March 17, 2010:
i. Effective the first pay period following City Council approval of a successor MOU in 2021, starting after an employee has successfully completed his or her initial probationary period, 12 554
the City will contribute seventy-five dollars ($75) per month to the employee's Retiree Health Savings Plan Account.
Likewise, the employee will contribute seventy-five dollars ($75) per month to his or her Retiree Health Savings Plan Account.
ii. During an employee's initial hire probationary period with the City, neither the employee nor the City will contribute to the employee's Retiree Health Savings Plan Account. Upon
successful completion of the initial hire probationary period, the City will contribute a lump sum of seventy-five dollars ($75) per month for each month served in the employee's initial probationary period.
iii. Upon cessation of employment with the City, the City will cease contributions to the individual's Retiree Health Savings Plan Account.
iv. Employees will have no vested right in City contributions to the Retiree Health Savings Plan Account beyond the term of this Agreement.
SECTION VIII - Leave Provisions
A. Vacation
1. Vacation
2. The term Vacation Leave refers to the fully compensated duly authorized time off work taken by an entitled employee for the pursuit of his/her personal business or pleasure which could not be properly enjoyed or adequately attended to during the shorter time periods offered by normal days off and/or holidays.
Entitled Employees
All full time employees receiving full salary and benefits from the City are considered as entitled employees for the purpose of vacation accrual.
3. Vacation Leave Accrual
All Regular Employees earn Vacation Leave, beginning with the date of hire, in accordance with the following guidelines:
13 555
• Employees with five (5) full years of service or less earn 6.67 hours Vacation Leave for each full calendar month of employment. • Employees who have completed from five (5) to fifteen (15) full years of service earn 10.00 hours Vacation Leave for each full calendar month of employment.
• Employees who have completed over fifteen (15) full of years of service earn 13.36 hours Vacation Leave for each calendar month of employment.
Vacation Leave accrual for periods shorter than one ( 1) calendar month are pro-rated on the basis of actual service time.
4. Maximum Vacation Leave Accrual Allowed
Vacation Leave may be accumulated and saved in accordance with the following guidelines:
• Employees who have less than five (5) full years of service may save a maximum of one hundred sixty (160) hours;
• Employees who have from five (5) to fifteen (15) full years of service may save a maximum of two hundred forty (240) hours;
• Employees who have in excess of fifteen (15) full years of service may save a maximum of three hundred twenty (320) hours.
Employees are limited to the maximum accrual of vacation as defined, based on years of service. Should any employee exceed the maximum accrual of vacation, accrual will cease until vacation accrual reduces to below the maximum amount allowed. At no time will any City employee be entitled to accrue more vacation leave than that provided for in this Section.
It shall be the responsibility of the employee to assure that they utilize credited vacation leave within the limitations set forth herein.
5. Use Of Vacation Leave
Vacation Leave shall be taken in accordance with the policies and procedures of the employee's Department. While the staffing needs of the City shall be paramount, the employee's right and need for Vacation Leave shall be given every reasonable consideration.
An employee shall not use a combination of paid leave and unpaid leave to 14 556
cover a full day absence, except:
a. When an employee integrates paid leave with a wage replacement benefit. Note: While an employee is on FMLA/CFRA/PDL, the employee may choose to integrate paid leave with wage
replacement benefits. In doing so, the employee may elect to use the minimum amount of paid leave needed to cover the employee's contribution toward group health insurance.
b. In the pay period in which the employee exhausts paid leave accruals, including any donated leave.
6. Compensation For Unused Vacation Time
Eligible employees shall, at time of resignation, discharge, or retirement, be compensated for all accrued, unused vacation hours at the current regular rate of pay.
Effective December 15, 2021 Police Officers may cash out accrued vacation time under the following conditions. Annually, no later than by December 31, 2021 and every December 15th, employees may submit an irrevocable election form to Human Resources to receive payment of an elected amount of earned, unused vacation in payments on June 5th and/or December 5th of the next calendar year.
Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional vacation cash out program. Cash out of vacation will be paid by separate check upon request. Employees may not cash out more vacation than they accrue in a calendar year, up to one hundred twenty (120) hours per calendar year, and their vacation leave balance must remain above eighty (80) hours after application of the cash out election. Vacation cash out will be paid at the employee's regular rate of pay.
B. Sick Leave
1. Purposes for Sick Leave
Sick leave is paid leave from work that can be used for the following purposes:
a. The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee's family members: child of any age or dependency status; 15 557
parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; Gf-sibling; or designated person (an employee may designate a "designated person" once per 12-month period for paid sick days; or
e-,. b. For an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
c. Effective January 1, 2025. sick leave can be used for the following additional purposes as provided in Government Code Section 12945.8, subsections (a)(3) and (b), as follows:
o for an employee to obtain or attempt to obtain any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child. o to obtain or attempt to obtain any relief for the family member, including but not limited to, a temporary restraining order, restraining order. or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim; o to seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence;
o to seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter. program . rape crisis center, or victim services organization or agency as a result of a qualifying act of violence:
o to seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence;
o to participate in safety planning or take other actions to increase safety from future qualifying acts of violence;
16 558
o to relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare;
o to provide care to a family member who is recovering from injuries caused by a qualifying act of violence:
o to seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence;
o to prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence: or
o to seeK obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
If an employee is a victim of a violent or serious felony crime, theft or embezzlement: or if the employee has an immediate family member, registered domestic partner or the registered domestic partner's child is a victim, the employee can use paid sick leave to attend judicial proceedings related to that crime.
d. For reasons as provided in the City's Bereavement Leave Policy or to attend funerals of close friends or extended family members. Sick Leave taken as Bereavement Leave or to attend funerals of close friends or extended family members does not qualify as protected sick leave.
2. Accrual and Carryover
a. All Regular Employees in full time status accrue eight hours of Sick Leave for each calendar month of paid status; Regular Employees on leave in less than full-time status accrue Sick Leave in an amount prorated to the lower number of hours they work each calendar month in paid status. Accrued sick leave carries over from year to year. No accrual limit applies.
17 559
b. Regular Employees are considered "in paid status": when working, while off on fully compensated leave of absence (e.g., vacation or CTO), while off on fully compensated Sick Leave, or while off on compensated job injury. Employees who are off work on an unpaid leave of absence or on an absence from duty not authorized by the City are not in paid status and therefore do not earn Sick Leave.
3. Sick Leave Request
To request to use sick leave if the need for leave is foreseeable, an employee must give the immediate supervisor reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave (not including confidential medical information). Failure to request sick leave as required by this section without good reason, may result in the employee being treated as absent without leave.
4. Certification
5. Employees are required to provide a certification from a health care provider to support any absence that involves the illness of the employee or family member upon such time that the employee uses more than one half of his or her annual sick leave allocation.
The City may require that employees provide a certification from a health care provider to support any absence that involves the illness of the employee or family member if the City suspects that there is an abuse of sick leave by the employee.
All employees who use paid leave to address issues related to domestic violence, sexual assault or stalking, and who cannot provide advance notice of their need for leave must provide certification of the need within a reasonable time thereafter.
The employee will submit the required certification to the City on the date of the employee's return to work.
Sick Leave On Separation From Employment
18 560
Unused sick leave is not cashed out upon termination, resignation, retirement, or other separation from employment. Unused sick leave may be converted to retirement service credits only as may be permitted under applicable retirement systems laws and regulations.
6. Sick Leave Reinstatement
For Regular Employees, if an employee separates and is rehired within one year from separation, accrued and unused sick leave, will be reinstated.
However, no duty exists to restore sick leave if it has been otherwise converted to retirement service credits and no longer exists. Upon the request of the Police Chief, the City Manager may approve reinstatement of accrued and unused sick leave upon rehire of a former employee after a separation of more one year, but not exceeding a separation of more than two years.
7. Additional Provisions Applicable To All Employees Eligible for Sick Leave a. If an employee exhausts all available sick leave, the City may then apply any available vacation days to cover any additional absences. b. Whenever eligible and permitted by law, an employee will be required to use any accrued and available sick leave while out on any applicable FMLA and/or CFRA leaves of absence.
c. In the event that an employee or applicable family member the employee is caring for is no longer sick to qualify the employee for use of the Sick Leave such that the employee can return to work during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.
d. Sick Leave will only be provided for the purposes provided in this section or as otherwise provided by the law, or another City policy.
Paid Sick Leave will not be granted to any employee for the purpose of extending an employee's vacation.
e. Supervisors shall have the discretion to place employees on Sick Leave when, in the judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees or where the illness or injury of the employee interferes with the performance of such employee's duties.
f. An employee shall not use a combination of paid leave and unpaid leave to cover a full day absence, except in the following instances:
19 561
C.
i. When an employee integrates paid leave with a wage
replacement benefit. Note: While an employee is on
FMLA/CFRA/PDL, the employee may choose to integrate
paid leave with wage replacement benefits. In doing so, the employee may elect to use the minimum amount of paid leave needed to cover the employee's contribution toward group health insurance.
ii. In the pay period in which the employee exhausts paid leave accruals, including any donated leave.
8. Abuse of Sick Leave
9. An employee may be subject to disciplinary action for abuse of Sick Leave.
Abuse of Sick Leave is defined as the use of Sick Leave for purposes other than those set forth in this section, or as provided by law, another City Policy. Abuse of Sick Leave may be determined from a pattern of taking excessive unprotected sick leave or from taking unprotected sick leave as an extension of a weekend or other scheduled time off.
Excessive Use of Unprotected Sick Leave
Excessive use of unprotected sick leave, tardiness, and failing to use the call-in procedures when absent or tardy, can negatively impact the performance of an employee's job or affect others in the performance of their job. Factors that will be considered in determining whether use of unprotected sick leave is excessive include, but are not limited to: the number of absences that are not protected by law compared to other employees, whether absenteeism is limited to a finite time period or whether it continues over time, the basis for the absenteeism, and the significance of the impact on the performance of the employee's job or of others.
Absences that are protected by law (such as protected sick leave, FMLA/ CFRA, and Pregnancy Disability Leave) are not included in determining whether the use of Sick Leave is excessive.
Holidays
1. Holiday Leave Defined
The term Holiday Leave refers to the fully compensated, duly authorized time off work taken by an eligible employee on, or as compensation for, an 20 562
2. approved City Holiday.
Eligible Employees Defined
All Regular Employees of the City of Los Banos shall be entitled to Holiday Leave Benefits in accordance with the guidelines set forth in this policy. A Regular Employee must have been in paid status by the City on the day preceding and the day following a holiday to qualify for holiday pay. For the purpose of this paragraph, an employee who is absent on authorized vacation with pay or on accrued sick leave shall be deemed to be employed at such time.
3. Approved City Holidays: Regular
The following is a list of approved City Holidays for Regular Employees:
New Years' Day - January 1st
Martin Luther King Day, Third Monday of January
Lincoln's Birthday - February 12th
Washington's Birthday - Third Monday of February
Memorial Day - Last Monday of May
Independence Day - July 4th
Labor Day - First Monday of September
Veteran's Day - November 11th
Thanksgiving Day - Fourth Thursday of November
Day after Thanksgiving - Fourth Friday of November
Christmas Day - December 25th
Officers performing twenty-four (24) hour shift work will accrue one hundred (100) holiday hours per year, at a rate of ten (10) hours per month between January and October. Holiday hours cannot be banked and must be used in the month in which they are accrued, or will be lost.
SECTION IX - Pay Rates and Practices
A. Salary
1. Regular
21 563
Effective the first pay period following City Council approval of a successor MOU in 2025, the salary schedules for job classifications represented by the bargaining unit will be increased by two and three-quarters percent (2.75%}. In addition, effective the first full pay period following City Council approval of a successor MOU in 2025, Police Officers will receive a one quarter percent (0.25%) equity adjustment. to reflect a monthly salary range as follows:
STEP 1 STEP2 STEP3 STEP4 STEPS STEP6
$_6,911 1.71257 $71620 ! 81001 $_8,401 $81821
Effective the first pay period following City Council approval of a successor MOU in 2025, all current employees will receive a lump sum payment of three-thousand forty-six dollars ($3,046) as non-discretionary incentive to ratify the agreement. An employee must be in full paid status for the entire pay period in which the lump sum is paid to be eligible to receive the payment. It is the intent of the parties that the lump sum payment will not be treated as salary or wages, as the payment 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.
Effective July 1, 2025, the salary schedules for job classifications represented by the bargaining unit will be increased by two and threequarters percent (2.75%). In addition, effective July 1, 2025, Police Officers will receive a one quarter percent (0.25%) equity adjustment, to reflect a monthly salary range as follows:
STEP 1 STEP2 STEP3 STEP4 STEPS STEP6
$_71118 llz474 $71848 !81240 $_81652 $_91085
Effective July 1, 2026, the salary schedules for job classifications represented by the bargaining unit will be increased by two and threequarters percent (2.75%). In addition, effective July 1, 2027, Police Officers will receive a one quarter percent (0.25%) equity ad justment. to reflect a monthly salary range as follows:
22 564
B.
STEP 1 STEP2 STEP 3 STEP4 STEPS STEP6
l.71332 $71698 $..81083 $..81487 $81911 $91357
E:ff€ctive December 1, 2021 contingent on Association ratification and City Council approval of this 2021 successor MOU by December 15, 2021, the salary schedule for Police Officers •.viii be increased by a cost of living adjustment in the amount of t\vo percent (2%). In addition, e:ff€ctive December 1, 2021 contingent on Association ratification and City Council approval by December 15, 2021, the salary schedule for Police Officers will be increased by an equity adjustment in the amount of one percent (1 %), to reflect a monthly salary range as follows:
I Step 1
$5,526
I Step 2
$5,802
I Step 3
$6,092
I Step 4
$6,397
I Step 5
$6,717
I Step 6
$6,885
E:ff€ctive July 1, 2022, the salary schedule for Police Officers will be increased by a cost of living adjustment in the amount of t\vo percent (2%).
In addition, e:ff€ctive July 1, 2022, the salary schedule for Police Officers will 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:
I Step 1
$5,678
I Step 2
$5,062
I Step 3
$6,260
I Step 4
$6,57a
1Step5
$6,002
1Slep6
$7,075
E:ff€ctive July 1, 2023, the salary schedule for Police Officers 'Nill be increased by a cost of living adjustment in the amount of t\t10 percent (2%).
In addition, e:ff€ctive July 1, 2023, the salary schedule for Police Officers 'Nill 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:
I Step 1
$5,834
I Step 2
$6,126
I Step 3
$6,432
I Step 4
$6,754
I Step 5
$7,002
I Slop 6
$7,260
Essential 'Norker Lump Sum Payments:
1. E:ff€ctive upon City Council approval of this agreement and the City's receipt of the first f.ederal stimulus payment, the City will provide lump sum payments of the follo·Ning amounts as non discretionary incentive to ratify the agreement:
23 565
2. 3.
• Employees hired before January 1, 2021 will receive a lump sum payment of four thousand eight hundred dollars ($4,800). • Employees hired on or after January 1, 2021 •.viii receive a lump sum payment of t\\•o thousand four hundred dollars ($2,400).
Eff€ctive July 1, 2022 or upon the City's receipt of the second federal stimulus payment (•Nhichever is later), the City will provide lump sum payments of the following amounts as non discretionary incentive to ratify the agreement:
• Employees hired before January 1, 2021 will receive a lump sum payment of three thousand six hundred dollars ($3600).
• Employees hired on or after January 1, 2021 'Nill receive a lump sum payment of one thousand PlJO hundred dollars ($1,200).
Eff€ctive July 1, 2023, the City will provide lump sum payments of the follov,ing amounts as non discretionary incentive to ratify the agreement:
• Employees hired before January 1, 2021 •.viii receive a lump sum payment of one thousand mo hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 will receive a lump sum payment of six hundred dollars ($600).
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, •.viii not be treated as pensionable compensation, and there 'Nill be no roll up eff€ct 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 'Nill be paid by separate check. ~B. Overtime
Pursuant to the Fair Labor Standards Act (FLSA), the City has established a designated 207(k) work period of twenty-eight (28) days, in which overtime compensation is paid for actual time worked in excess of one hundred seventyone (171 ) hours during the established twenty-eight (28) day work period; date established July 1, 1985. Overtime paid pursuant to this provision is known as "FLSA overtime." Employees on the 171 hour/28-day, 7(k) work period will receive 24 566
premium overtime compensation at the rate of one and one-half (1.5) times their "regular rate of pay," for all time worked in excess of 171 hours worked in a 28- day work period.
The City wi-U--also provide~ overtime compensation for all time worked in excess of the employee's regularly assigned work shift, and/or for any time worked in excess of forty (40) hours in a week. Any overtime beyond what is required by the FLSA is known as contractual overtime.
Overtime pay will continue to be handled in accordance with the guidelines set forth in the City's Overtime Compensation Policy, City Policy & Procedures Manual Division 5, and as amended during the term of this agreement.
The City •.viii provide overtime compensation for all time 1 11orked in excess of the
employee's regularly assigned work shift, for any time worked in excess of forty (40) hours in a week, and for time 1
.-.iorked in excess of one hundred seventy one
(171) hours, during the established Twenty Eight (28) Day Cycle.
0.-C. Canine Handlers/Police Officers: Special Pay
Police sworn personnel assigned to the position of Canine Handler are authorized and will be compensated to work up to twenty-five (25) hours per month during their non-regularly scheduled work hours to perform associated duties such as feeding, caring for and training a City provided canine for law enforcement work.
In consideration of the time expended to perform these duties during the Canine Officer's non-regularly scheduled work hours, the City will provide the Canine officer twenty-five (25) hours of pay at the Minimum Hourly Wage required by law.
Partial months served will be paid on a pro-rata basis.
By and through the Association, those unit members assigned to canine duty agree that the above additional hours provided each week are reasonably necessary to provide for the care and maintenance of the assigned canine and that these additional "hours worked" are intended to compensate unit members assigned to canine duty for all off duty hours spent caring for and maintaining their assigned canine, in compliance with the Fair Labor Standards Act (FLSA) and interpretive cases and rulings.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine care and maintenance, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty care and 25 567
D.
maintenance duties. The hours derived at in this agreement were determined after an actual inquiry of the officers assigned to canine duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004.) It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, all parties believe that this section of the MOU does comply with the requirements of the FLSA.
Investigators; Special PavDetective Division Premium
Investigators Police Officers who are routinely and consistently assigned to a Detective assignment will be compensated as follows:ments \Nill be made by administrative directive. Compensation 'Nill be:
Step 1 - five percent (5%) above regular salary
Step 2 - seven and one-half percent (7 1/2%) above regular salary.
An Officer with two (2) years of investigations experience with City of Los Banos will be placed at Step 2.
E. Officer in Charge (OIC) Patrol; Special Pay
F.
Officer in Charge (OIC) Patrol assignments will be made by the Police Chief.
Compensation will be one hundred fifty dollars ($150) a month.
OICs will be a temporary assignment and serve at the discretion of the Police Chief. There will be no maximum term limit. The total number of OICs will be based upon Department needs. Individuals working under special assignment will in most cases be removed from OIC status. OICs must volunteer to adjust their shift based on department needs. The Police Chief will attempt to maintain one (1) OIC per patrol shift.
Bilingual Pay
In order to better serve the needs of its citizens and to provide more efficient and effective customer service; the City of Los Banos recognizes the positive advantages of having City employees who are able to communicate in Spanish.
1. Bilingual Incentive Pay Defined
The term Bilingual Incentive Pay refers to the continuous monthly bonus paid to eligible employees who are routinely and consistently assignedexpected to handle basic, simple, general City service inquiriesJ.rr 26 568
2. Spanish.
Eligible Employees Defined
All regular full-time employees who have passed the comprehensive testing coordinated by the Human Resources Director and are routinely and consistently subject to a 1,uork assignment 'Nhich requiresassigned to use substantial bilingual skills on the iob may be eligible for bilingual incentive pay. An employee who agrees to participate in this program recognizes that they may be required to provide the communication skill service on an "as needed basis" for the City as a whole and not just their department.
The Police Chief and Human Resources Director retain full discretion to designate or conclude bilingual assignments. The City retains its management right to assign designees to perform bilingual services for other City departments.
3. Specific Payment Entitlement
4. When a Police Chief, with the approval of the Human Resources Director, designates an assignment as requiring substantial bilingual skills on a routine and consistent basis, an employee in the designated assignment, who has first demonstrated proficiency in the required language that is acceptable to the Police Chief and Human Resources Director, shall be eligible to receive a pay premium as follows:
a. $50 per month - Basic Verbal Skills; or
b. $100 per month - Comprehensive Verbal Skills; or
c. $150 per month -Verbal, Written Presentation Skills.
Monthly Bilingual Incentive Pay bonus is in addition to regular monthly salary.
Procedure For Obtaining Entitlement
In order to qualify for Bilingual Incentive Pay, employees will be required to use their bilingual skills and pass comprehensive tests given by the City.
Bilingual Incentive Pay shall become effective on the first pay period following the date the proof of proficiency was received by the Police Chief. 27 569
G. Motorcycle Incentive Pay
H.
I.
Police sworn personnel who are routinely and consistently assigned to motorcycle duty will receive incentive pay in the amount of two and one half percent (2.5%) of salary.
Motorcycle Duty and Maintenance
Police sworn personnel assigned to motorcycle duty will be compensated by the Minimum Hourly Wage required by law in consideration for working up to an additional three and one half (3.5) hours each week during their non-regularly scheduled work hours to perform associated duties such as motorcycle cleaning and maintenance. Partial months served will be paid on a pro-rata basis. Said time shall be counted as hours worked for overtime compensation purposes; this level of compensation is affirmed by the bargaining unit as appropriate to meet FLSA requirements.
By and through the Association, those unit members assigned to motorcycle duty agree that the above additional hours provided each week are reasonably necessary to provide for the cleaning and maintenance of the assigned motorcycle and that these additional "hours worked" are intended to compensate unit members assigned to motorcycle duty for all off duty hours spent cleaning and maintaining their assigned motorcycle, in compliance with the FLSA and interpretive cases and rulings.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for motorcycle cleaning and maintenance, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty maintenance and cleaning duties. The hours derived at in this agreement were determined after an actual inquiry of the officers assigned to motorcycle duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004.) It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, all parties believe that this section of the MOU does comply with the requirements of the FLSA.
Master Officer Incentive Program
Effective the first pay period following City Council approval of a successor MOU in 2025, Police Officers who meet specified requirements of years of employment, 28 570
performance standards, education, Peace Officer Standard Training (POST) certification, and perform a specialty assignment, shall receive Master Police Officer Incentive pay as follows:
Education POST Performance -Specialty
CertifiCate Evaluation Assignment
Five (5) 7 A.A/AS.
or
ONE (I) years sooy (with LBPD
feQtforty- in the Intermediate $200.00/mo classification five (45) 150.00/mo college of Police
Officer) units Defensive
Tactics*
B.A./B.S. EVOC*
or POST-Certone ified FTO
hundred Investigations
and Satisfactory Detective
twenty K-9
or Better (120) Magnet Task ("Meets Seven (7) college Standards") -F-OfGe 4&-years units or Motorcycle TWO (II) (with LBPD A.A./A.S. OIC $642.00/mo in the 12lus thirty Advanced PAL
classification (30) Rangemaster 300.00/mo of Police hours of SRO Officer) POST SWAT/HNT
CIT
training
12lus thirty
(30)
college
units
For sporadic Special Assignments, Police Officers who meet all other Master Police Officer requirements will receive Master Police Officer pay for the monthf:}a-Y period in which the Special Assignment is assigned and performed. 29 571
J. Field Training Officer (FTO) Incentive Pay
Police Officers who are routinely and consistently assigned to Field Training Officer will receive a salary differential of five percent (5%) for time spent training only.
L. Education Incentive - Allowance
Qualified Police Officers will be entitled to receive Educational Incentive pay for completing the following degrees. which enhance their ability to do their job, as follows:
• One hundred dollars ($100) per month for an AA/AS Degree, or • One hundred seventy-five dollars ($175) per month for a BA/BS Degree, or • Two hundred twenty-five dollars ($225) per month for a Masters' Degree M. P.O.S.T. Certificate Pay
E:fractive December 1, 2021, contingent on Association ratification and City Council approval of this 2021 successor MOU by December 15, 2021, Police Officers who have been nominated or approved by Chief of Police will be entitled to receive the following compensation when they have been awarded and hold the specified California Commission on Peace Officers Standards (P.O.S.T.) Certificate as follows:
• Effective the first full pay period following City Council approval of a successor MOU in 2025, One hundred fifty dollars ($150400) per month for a P.O.S.T.
Intermediate Certificate, or
• Four hundred dollars ($400) per month for a P.O.S.T. Advanced Certificate N. Tuition Reimbursement
1. Overview
Employees who successfully complete an approved class or course offered by an accredited college or university may be entitled to receive reimbursement for the actual cost of tuition, registration fees, parking fees, books and reasonable miscellaneous supplies (including calculators, but not including laptops, tablets, or other electronics), required for completion of the class or course, in accordance with the guidelines set forth in this 30 572
2. 3.
section.
Eligibility
To be eligible for tuition reimbursement under this section, an employee must: a) be a regular, full-time employee; b) have completed a year of service with the City; and c) be on the payroll when the course is completed.
Requests For Tuition Reimbursement
Written requests for Tuition Reimbursement should be submitted to the Police Chief no later than five (5) working days prior to the date the employee begins the class or course. Delays in submitting requests may result in denial of benefits.
Such requests must be submitted on the Application for Tuition Reimbursement (DIV-45A-1) and must contain all pertinent information requested.
4. Police Chief Review
Upon receipt of a request for Tuition Reimbursement, the Police Chief shall determine if the following requirements are satisfied:
a. The request was submitted on the required form and all pertinent information was provided.
b. The class(es) or course(s) to be attended appear; i) to be requirements for completion of a degree (AA, AS, BA, BS, MA, or PHO) in a field of study related to the employee's job classification, offered by the college or university being attended, or ii) to be the type that would increase the employee's technical job knowledge, or enable him/her to compete for other job opportunities within the City structure, or would improve his/her overall benefit to the City. c. The class(es) or course(s) to be attended are being offered by an accredited college or university that is located no more than seventyfive (75) road miles from the City of Los Banos. d. Tuition Reimbursement at private colleges or universities may be 31 573
funded by the City if the following criteria are met:
i. The course of study is of a technical nature and is necessary for the employee to perform his/her current job classification or his/her ability to seek a higher position within the City structure, this would include short-term certification programs; and
ii. Upon approval by the City Manager prior to initial approval by the Police Chief.
e. Employees choosing to attend a private college or university may, upon prior approval by the City Manager, be reimbursed a maximum cost of tuition that is equivalent of the cost to attend a public college or state university. It shall be the responsibility of the employee to obtain these costs and submit them with their initial request for reimbursement.
f. In recognition of current technology, courses available through the Internet may also be funded. Criteria relating to Internet courses are the same as that relating to private colleges and universities. The mileage restriction would not apply to this type of study. g. If all the proceeding conditions are met, the Police Chief shall approve the employee's request and forward it to the City Manager.
In the event the Police Chief determines the required conditions are not satisfied, the request shall be denied and the employee will have five (5) working days to file a written appeal for reconsideration with the City Manager.
5. City Manager Review
Upon receipt of a Tuition Reimbursement request that has been approved by a Police Chief, the City Manager shall satisfy himself/herself that the request meets the required guidelines, and if so, issue final approval. In the event the City Manager determines that the Police Chief erred, and the request does not meet proper guidelines for approval, he/she shall deny the request and return same to the Police Chief who shall notify the employee of such denial. Denial of Tuition Reimbursement request by the City Manager shall be considered final and binding.
32 574
6. Upon receipt of an appeal from an employee who was denied a request for Tuition Reimbursement by a Police Chief, the City Manager shall review the facts of the situation and render a decision. The decision of the City Manager to deny or approve a Tuition Reimbursement request shall be considered final and binding.
Payment Of Tuition Reimbursement
Actual payment of Tuition Reimbursement shall be forthcoming only upon satisfactory completion of approved classes or courses and submittal by the employee of the following; a) a copy of the school official grade report of the classes or courses taken, b) a copy of the receipt received from the school for tuition payment, and c) a copy of the receipt received for purchase of required books, and/or miscellaneous supplies.
Tuition will be reimbursed in accordance with this policy, upon successful completion of courses, up to $3,000.00 per fiscal year per employee.
For the purpose of the City, successful completion of a class or course means the employee received a grade of "C" or higher on his/her class record or in the case of credit-no credit classes or courses, the employee received credit on his/her class record. Tuition Reimbursement shall not be provided for classes or courses where the employee's class record reflects a letter grade of "D" or lower, No Credit, or Incomplete.
7. Transportation Costs
Transportation costs during off duty attendance at public colleges or universities are the responsibility of the employee. The City will not provide reimbursement for such cost nor will City vehicles be provided for such purpose.
8. Retroactive Payments Not Permitted
Employees who complete classes or courses that were not approved in advance by the Police Chief and/or the City Manager shall not be entitled to Tuition Reimbursement.
0. Call Back Time
33 575
Employees who are required to report to work during their assigned off-duty hours will be entitled to receive a minimum of four (4) hours Call Out Overtime Compensation even if the actual time worked is less than four (4) hours; except in the following instances:
1. In the event the off-duty time being worked extends into or begins immediately following the employee's assigned shift, he/she will be entitled to overtime compensation for only the actual off-duty hours worked.
2. In the event the off-duty time being worked is in response to a special assignment mutually agreed upon between the employee and the City, the employee will be entitled to overtime compensation for only the actual hours worked.
3. Employees will be entitled to receive the four (4) hours Call Back Overtime Pay only one (1) time during any twenty-four (24) hour period. A twenty-four (24) hour period for the purpose of this benefit is 0001 hours through 2400 hours. In the event an employee is called out several times during a given twenty-four (24) hour period, he or she will only receive four (4) hours compensation if the total hours worked are four ( 4) or less. If the total hours worked exceed four (4), the employee will be compensated for the actual hours worked.
Special Note: The expressed purpose of Call Back Pay is to compensate employees who have their normal off-duty hours disrupted due to unscheduled call backs, court appearances, and other such job demands. In the event of a disagreement over entitlement to four (4) hour call back pay, the stated intent of this benefit will be the guiding factor in resolving disputes.
P. Compensatory Time Off
Effective February 1, 2019, Police Officers are permitted to accumulate a maximum amount of one hundred sixty (160) hours Compensatory Time Off (CTO).
CTO will be handled in accordance with provisions outlined in the City's CTO Policy, and as amended during the term of this agreement (refer to City of Los Banos Policy & Procedures Manual).
34 576
SECTION X - Miscellaneous
A. Uniform Allowance and Safety Boots
The City will provide all required uniforms and safety equipment. The Police Chief will be the sole authority for determining the type of uniforms and equipment to be purchased and utilized. Additionally, the City of Los Banos will accept responsibility for payment of uniform cleaning in accordance with the following guidelines; a) two (2) shirts and two (2) trousers each work week; and b) one (1) jacket each calendar month. The Department will take inventory of everyone's current supply, including ne•.vly issued 511 uniforms and make adjustments as needed.
Initially upon hire, or upon promotion as needed. the Department will provide three initial sets of uniforms, including one uniform jacket. and including tailoring. For special assignments, the City will provide two sets of special assignment uniforms.
Effective July 1, 2025, the City will discontinue providing uniforms after the initial sets have been provided to new hires, and will instead provide a uniform allowance of one thousand dollars ($1,000) per fiscal year. Uniform allowance will be paid by separate check. In the event CalPERS changes the frequency of reporting requirements for uniform allowance. the City and Association agree to reopen on the sole issue of the lump sum payment for uniform allowance.
Any replacements of the following items will be paid for by the employee using the uniform allowance:
• Short sleeve shirts
• Long sleeve shirts
• Pants
• Trouser Belts
• Special assignment uniforms
• Class A jacket (after initial purchase)
• Tailoring
The Department will provide the initial and replacements of the following required items:
• Campaign Class A hats
• Service stripes
• Patches
35 577
•
•
•
•
•
Badges
Lapel pins
Safety gear
Duty belts, and
Special assignment gear .
For classic CalPERS members, 1
.vhich the parties define as those who are not
defined as "new members" by the Public Employee Pension Reform Act (PEPRA), the City will report to CalPERS the monetary value for providing and maintaining required uniforms. The City \•..iill report the uniform costs on a semi monthly basis.
The uniform purshase and maintenance amount reported to CalPERS 1 11ill be
derived from the City's total annual cost for providing the employee's uniforms, not to exceed one thousand dollars ($1,000) per fiscal year, per employee.
The City will provide reimbursement for the employee's purchase of safety boots up to a total reimbursement of one hundred seventy-five dollars ($175) per year.
B. Work Schedule
C.
The 4 x 10 work schedule in effect as of March 4, 2010 will remain in force. The schedule may be changed by management during the term of the agreement, subject to providing the Association the opportunity to meet and confer over the schedule change in accordance with the Meyers Milias Brown Act.
Personnel Rules Update
During the term of the agreement, the City shall provide the Association with notice and the opportunity to meet and confer over updates to the City's Personnel Rules.
D. No Strike
The Association, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any unlawful strike, slowdown, stoppage of work, curtailment of production, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Association nor any representatives thereof shall engage in unlawful job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of employees not covered by this Memorandum of Understanding.
No lockout of employees shall be instituted by the City during the term of this MOU. 36 578
SECTION XI - Provision of the Law
This MOU is subject to all applicable current and future Federal and State laws, State regulations, the Municipal Code of the City of Los Banos and the Constitution of the State of California.
Should any of the provisions herein contained be rendered or declared invalid by reason of the State or Federal legislation or court action, such invalidations of such part of portions hereof will not invalidate the remaining portions hereof and they will remain in full force and effect, insofar as such remaining portions are severable.
SECTION XII - TERM
The term of this MOU will commence December 1, 2021 July 1, 2024, and will expire June 30, ~2027, except as otherwise provided in this MOU.
SO AGREED:
LOS BANOS POLICE OFFICERS
ASSOCIATION
Signature
Title:
Date: -------------
37 CITY OF LOS BANOS
Signature
Title: City Manager
Date: -------------
579
580
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 G - POLICE
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 (LBPOA) TA/MOU for a COLA salary increase for Police Officers of two and threequarters percent (2.75%) on February 16, 2025, July 1, 2025, and July 1, 2026; and WHEREAS, that the Salary Schedule also be amended to reflect a one quarter percent (.25%) salary equity adjustment for the Police Officers on February 16, 2025, July 1, 2025, and July 1, 2026; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of February 19, 2025.
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.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of February 2025, 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:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
581
582
DIVISION 4
SALARY SCHEDULE
(Approved , 2025 I Effective
EXHIBIT A
, 2025)
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY
SECTION G - POLICE
TOTAL POSITIONS AUTHORIZED (83)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP4 STEP 5 Police Officer (37) 1 * e;-7-1-G -7,-04e ~ ~ ~
3% 2/19/2025 6,911 7,257 7,620 8,001 8,401
3% 7/1/2025 7,118 7,474 7,848 8,240 8,652
3% 7/1/2026 7,332 7,698 8,083 8,487 8,911
STEP6
~
8,821
9,085
9,357
583
584
TO:
FROM:
DATE:
LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC
City Clerk/Human Resources Director
February 19, 2025
TYPE OF REPORT: Agenda
SUBJECT: Update to Salary Schedule for Unrepresented/Miscellaneous Employees Recommendation:
Attached please find a resolution for your review and consideration of approval that would amend Division 4, Salary Schedule-Employee Classifications to reflect changes associated with Unrepresented/ Miscellaneous Employees (not in a bargaining group).
Discussion:
The requested changes represent a quarter percent (.25%) COLA for all Unrepresented / Miscellaneous Employee classifications (not in a bargaining group), effective February 16, 2025. This is in addition to the two point seven-five percent (2. 75%) COLA salary increase these same classifications received on July 1, 2024.
Also, noted in the salary schedule and to be effective February 16, 2025, are changes associated with Unrepresented/Miscellaneous employee classifications that remain behind market after the above stated COLAs, and the recommended Equity Increases, whereafter incumbents will be placed in the adjusted salary step that is the closest step to their salary step prior to application of the equity adjustment, which does not represent a reduction in pay, as follows:
ITEM 15
585
Assistant Fire Chief
Behind Market/Equity Adjustment
8.95%
Assistant Public Works Director
Crime Analyst
Dispatch Supervisor
Facilities Manager
Finance Manager
Housing Program Manager
Human Resources Director
Parks & Recreation Manager
Property Evidence Technician
Public Works Operations Manager
Public Works Supervisor
Fiscal Impact:
7.5%
6.53%
8.64%
3.47%
14.67%
14.67%
15.23%
3.47%
5.52%
3.47%
1.32%
For Fiscal Year 2024/25, the proposed adjustment will increase salaries and benefits expenditures by approximately $26,091 for which funds were budgeted in the General Fund contingency fund to mitigate the impacts of expenditure increases. Staff will ensure future increases are factored into the budget projections for the duration of the agreement.
Reviewed by:
Brent Kuhn, Financial Consultant
Attachments:
Resolution
Gary Bri ~~terim City Manager
586
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 A - ADMINISTRATION, SECTION B -
FINANCE, SECTION C - COMMUNITY &
ECONOMIC DEVELOPMENT, SECTION D -
PUBLIC WORKS, SECTION E - PARKS &
RECREATION, SECTION F - FIRE & BUILDING,
AND SECTION G POLICE FOR
UNREPRESENTED MISCELLANEOUS
EMPLOYEES
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 Unrepresented / Miscellaneous Employees a quarter percent (.25%) COLA salary increase for all Unrepresented/Miscellaneous Employees (not represented in a bargaining group) on February 16, 2025; and WHEREAS, that the Salary Schedule also be amended, effective February 16, 2025, to reflect Salary Equity adjustments for the following positions, and whereafter incumbents will be placed in the adjusted salary step that is the closest step to their salary step prior to application of the equity adjustment, which does not represent a reduction in pay, as follows:
Assistant Fire Chief
Assistant Public Works Director
Crime Analyst
Dispatch Supervisor
Facilities Manager
Finance Manager
Housing Program Manager
Human Resources Director
Parks & Recreation Manager
Property Evidence Technician
Public Works Operations Manager
Public Works Supervisor
8.95%
7.5%
6.53%
8.64%
3.47%
14.67%
14.67%
15.23%
3.47%
5.52%
3.47%
1.32%; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of February 19, 2025. 587
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.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of February 2025, 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:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
588
DIVISION 4
SALARY SCHEDULE
(Approved , 2025 I Effective , 2025)
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY
SECTION A-ADMINISTRATION
TOT AL POSITIONS AUTHORIZED (7)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP4 STEP 5 Assistant City Manager (1) * ~ ~ a,Ba9 H~,e§2: 47,48a
0.25% 14,421 15,142 15,899 16,694 17,529
Human Resources Director (1) rn,2:as ➔ rn * * * * *
0.25% 10.294-13, 143 * * * * *
15.23% 11,862-15, 145 * * * * *
Assistant City Clerk/HR Analyst ( 1) * e,4M e,7-74 ~ 7,400 ~
0.25% 6,467 6,790 7,130 7,487 7,861
Administrative Coordinator/Confidential ( 1) * ~ ~ ~ ~ e,e-40
0.25% 5,477 5,751 6,039 6,341 6,658
HR Technician I (2) * ~ ~ 4,7S9 6,007 ~
0.25% 4,337 4,554 4,782 5,021 5,272
SECTION B - FINANCE
TOTAL POSITIONS AUTHORIZED ( 11)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP4 STEP 5 Finance Director (1) a, ➔ JQ rn,+aa * * * * *
.25% 13, 163-16,807 * * * * *
Finance Manager (1) * 1-,+W 8,447 ~ ~ ~
.25% 7,778 8,167 8,575 9,004 9,454
14.67% 8,919 9,365 9,833 10,325 10,841
SECTION C - COMMUNITY & ECONOMIC DEVELOPMENT
TOTAL POSITIONS AUTHORIZED (6)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP3 STEP4 STEP5 Community & Economic Development Director (1) a,Qaa ~a.2:2:a * * * * * .25% 13, 163-16,267 * * * * *
Housing Program Manager ( 1) * +;-7&9 8,447 ~ s,982 ~
.25% 7,778 8,167 8,575 9,004 9,454
14.67% 8,919 9,365 9,833 101325 10,841
Planner ( 1)
Senior Planner * * MW ~ ~ 8,ee8 ~
.25% 71507 7,882 8,276 8,690 9,125
STEP6
~
18,405
*
*
*
~
8,254
~
6,991
~
5,536
STEP6
*
*
~
9,927
11,383
STEP6
*
*
~
9,927
11,383
~
9,581
589
SECTION D - PUBLIC WORKS
TOTAL POSITIONS AUTHORIZED (55)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEPS STEP6 Public Works Director/City Engineer (1) H:i,Q@9 19,242 * * * * * * .25% 15, 107-19,290 * * * * * *
Assistant Public Works Director ( 1) * 9,-+W ~ ~ 11,J32 -1-4,S99 1~,494 .25% 9,813 10,304 10,819 11,360 11,928 12,524
7.50% 10,549 11,076 11,630 12,212 12,823 13,464
Public Works Operations Manager (2) * ~ ~ +-,S94 8,d-94- ~ ~ .25% 7,268 7,632 8,014 8,415 8,836 9,278
3.47% 7,520 7,896 8,291 8,706 9,141 9,598
Facilities Manager (1) * ~ ~ +-,S94 8,d-94- ~ ~
.25% 7,268 7,632 8,014 8,415 8,836 9,278
3.47% 7,520 7,896 8,291 8,706 9,141 9,598
Public Works Supervisor (1) * ~ e,--1-4-3 e;-449 e,740 +,Im- ~ .25% 5,837 6,128 6,434 6,756 7,094 7.449
1.32% 5,914 6,210 6,521 6,847 7,189 7,548
Water Quality Specialist ( 1) * &,-700 ~ ~ e,@08 ~ ~
.25% 5,722 6,008 6,308 6,623 6,954 7,302
Fleet Maintenance Coordinator ( 1) * ~ ~ e,-444 MM &,-7-74 ~ .25% 5,586 5,865 6,158 6,466 6,789 7,128
Foreman (3) * ~ a,7Je ~ ~ e,e40 ~
.25% 5,477 5,750 6,038 6,340 6,657 6,990
SECTION E- PARKS & RECREATION
TOT AL POSITIONS AUTHORIZED (14)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP4 STEPS STEP6 Director/Manager ( 1)
Parks & Recreation Director * rn,2@g 1 a, 1 m * * * * * * .25% 10,294-13, 143 * * * * * *
Parks & Recreation Operations Manager * * ~ ~ +-,S94 ~ ~ ~ .25% 7,268 7,632 8,014 8.415 8,836 9,278
3.47% 7,520 7,896 8,291 8,706 9,141 9,598
Recreation Supervisor (1) * ~ e,--1-4-3 e;-449 e,--740 +,Im- ~ .25% 5,837 6,128 6.434 6,756 7,094 7,449
Foreman (1) * ~ a,7Je ~ ~ e,e40 ~
.25% 5.477 5,750 6,038 6,340 6,657 6,990
SECTION F - FIRE & BUILDING
TOTAL POSITIONS AUTHORIZED (23 )
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEPS STEP6 Fire Chief ( 1) 13,Q99 1@,719 * * * * * *
.25% 13, 132-16, 761 * * * * * *
Assistant Fire Chief ( 1) * ~ ~ 4-Q,OOa 44,4-W ~ 12,@24 .25% 9,916 10.412 10,933 11.480 12,054 12,657
8.95% 10,660 11,193 11,753 12,341 12,958 13,606
590
SECTION G - POLICE
TOTAL POSITIONS AUTHORIZED (83)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEPS STEP6 Police Chief (1) ~ 4 ,aoa ~ s.~a@ * * * * * *
.25% 141339-181304
Dispatch Supervisor ( 1) * ~ ~ e;4e9 ~ ~ 7,489
0.25% 5,883 6,177 6.486 6,810 7,151 7,509
8.64% 6,391 6,711 7,047 7,399 7,769 8,157
Code Enforcement Officer (6) * 4,W-7 &,4-84 ~ ¥4-5 e,OQ4 ~
0.25% 4,949 5,197 5,457 51730 6,017 6,318
Crime Analyst ( 1) * ~ 4,§4.S ~ &,-044 ~ ~
0.25% 4,342 4,559 4,787 5,026 5,277 5,541
6.53% 4,626 4,857 5,100 5,355 5,623 5,904
Property Evidence Technician ( 1) * ~ ~ 4,400 4,400 ~ ~
0.25% 3,816 4,006 4,206 4,416 4,637 4,869
5.52% 4,027 4,228 4,439 4,661 4,894 5,139
Animal Shelter Attendant (2) * ~ ~ ~ WaJ ~ 4,469 ' 0.25% 3,510 3,685 3,869 4,062 4,265 4.478 Police Trainee * * ¥44 ~ ~ ~ 4-,§&t 4,-7-79
0.25% 31753 3,941 4,138 4,345 4,562 4,790
591
592
LOsBanos
At tile Crossroads ~f Californicl
Agenda Staff Report
TO:
FROM:
Mayor Amabile & City Council Members
William A. Vaughn, City Attorney
DATE: February 19, 2025
SUBJECT: Ordinance Relating to City Manager [Second Reading] TYPE OF REPORT: Regular
Recommendation:
Staff recommends that the City Council consider waiving the second reading and adopt the following ordinance:
ORDINANCE NO.1206
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING SECTION
2-3.126 OF ARTICLE 1 CHAPTER 3 TO TITLE 2 OF THE LOS BANOS
MUNICIPAL CODE RELATING TO CITY MANAGER
Background:
On April 19, 2023 the City Council repealed Section 2-3.126 subsection (a) of the Los Banos Municipal Code which provided that the city manager could be removed or suspended only on an affirmative vote of three members of the city council. The repealed language stated:
(a) The removal or temporary suspension of the City Manager shall be only upon an affirmative vote of three (3) or more members of the City Council in a regular or special City Council meeting, at the sole discretion of the City Council, with or without cause and without right of appeal.
ITEM 16
593
Section 2-3.126 subsection (a) was repealed to resolve the conflict between the employment Agreement of Josh Pinheiro requiring a 5-0 vote for termination and the then provisions of the Municipal Code. Currently the Municipal Code reads as follows:
Sec.2-3.126 Removal: Suspension.
The removal or temporary suspension of the City Manager shall be subject to all applicable laws and ordinances and applicable provisions of the City Manager Employment Agreement.
Discussion:
On February 5, 2025 the City Council waived the first reading and introduced Ordinance No. 1206 which if adopted will reinstate the previously repealed language of subsection (a) as follows:
Fiscal
Sec.2-3.126 Removal: Suspension.
(a) The removal or temporary suspension of the City Manager shall be only upon an affirmative vote of three (3) or more members of the City Council in a regular or special City Council meeting, at the sole discretion of the City Council, with or without cause and without right of appeal.
(b) The removal or temporary suspension of the City Manager shall be subject to all applicable laws and ordinances and applicable provisions of the City Manager Employment Agreement.
None.
Conclusion
Staff recommends that the City Council waive the second reading and adopt Ordinance No. 1206. Staff will be available to answer any questions.
Reviewed by:
Interim City Manager
Attachments:
Proposed Ordinance
594
ORDINANCE NO. 1206
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING SECTION
2-3.126 OF ARTICLE 1 CHAPTER 3 TO TITLE 2 OF THE LOS BANOS
MUNICIPAL CODE RELATING TO CITY MANAGER
THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1. Section 2-3.126 of the Los Banos Municipal Code is hereby amended to read as follows:
Sec.2-3.126 Removal: Suspension.
(a) The removal or temporary suspension of the City Manager shall be only upon an affirmative vote of three (3) or more members of the City Council in a regular or special City Council meeting, at the sole discretion of the City Council, with or without cause and without right of appeal.
(b) The removal or temporary suspension of the City Manager shall be subject to all applicable laws and ordinances and applicable provisions of the City Manager Employment Agreement.
Section 2. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 4. The proposed amendments to the Los Banos Mµnicipal Code do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15601(b)(3) and is not subject to environmental review. 595
Section 5. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member _ ___ and seconded by Council Member _ ___ _ on the __ day of ___ _ ~ 2025.
Passed on the __ day of _ _ _ _ _, 2025 by the following vote:
AYES: Council Members
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
596
TO:
FROM:
DATE:
LOsBanos
\t tit 1 , ,owl u/ ( ,1l1/m 11w
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ February 19, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Appointment of a City Council Member to the Los Banos Downtown Property and Business Improvement District Board
Recommendation:
That the City Council appoint one (1) City Council Member to represent the City of Los Banos on the Los Banos Downtown Property and Business Improvement District Board.
Background:
On August 7, 2024, the Los Banos City Council held a public hearing, tabulated ballots, and adopted Resolution No. 6821 to renew the Los Banos Downtown Property and Business Improvement District (LBDPBID). The LBDPBID was approved and established for a ten (10) year term beginning January 1, 2025 through December 31, 2034 and encompasses approximately five (5) whole and partial blocks in the commercial core of Downtown Los Banos.
The LBDPBID is a benefit assessment district whose main goal is to provide improvements and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. 1 ITEM 17
597
The LBDPBID generates approximately $176,047.76 in assessment revenue on an annual basis for maintenance, general security, marketing, and placemaking programs that are above and beyond those provided by the City and other government agencies.
The LBPBID is governed by the Los Banos Downtown Association, a California 501(c)(3) nonprofit organization in accordance with PBID State Law. The Los Banos Downtown Association Board is made up of nine (9) members. There are six (6) members on the Board that are LBDPBID property owners, and three (3) members that are community members at large.
The City Council has had a representative on the LBDPBID since establishment in 2020.
Discussion:
The City of Los Banos owns nine (9) parcels within the LBDPBID boundary and is eligible to designate a Council Member to represent the City of Los Banos on the Board. The appointed City Council Member would serve a two (2) year term, which would end December 2026.
To appoint a City Council Member to represent the City on the LBDPBID Board, the City Council would accept nominations from the Council and then vote on the nominations in order of nominations received. The first nomination to receive majority approval would be selected to represent the City on the LBPDBID Board.
Reviewed by:
2 598
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPOINTING [MA YORI
COUNCIL MEMBER ] TO REPRESENT THE
CITY OF LOS BANOS ON THE LOS BANOS
DOWNTOWN PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT BOARD
WHEREAS, on August 7, 2024, the Los Banos City Council adopted Resolution No. 6821 renewing the Los Banos Downtown Property and Improvement District (LBDPBID); and
WHEREAS, the City of Los Banos owns nine (9) parcels within the LBDPBID boundary and is eligible to designate a Council Member to represent the City of Los Banos on the LBDPBID Board; and
WHEREAS, the Council Member appointed shall serve a two-year term expiring December 31, 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby appoint [Mayor/ Council Member ) to serve on the Los Banos Downtown Property and Business Improvement District Board ending December 31, 2026.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the_ day of February 2025, 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:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
599
600
LOsBanos
t the ( .rossroads of California
Agenda Staff Report
TO:
FROM:
Mayor & City Council Members
Lucy Mallonee, MMC~
City Clerk/Human Resources Director
DATE: February 19, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: City Commission Appointments
Recommendation:
Appoint members to the following City Commissions:
Parks & Recreation Commission - Two (2) Vacancies*
Two (2) Two (2) Year Terms - Expiring December 31, 2026 *Per Los Banos Municipal Code 2-2.103, the Los Banos Unified School District appointed Luis Castro to the Parks & Recreation Commission on December 19, 2024, leaving the remaining two vacancies to be filled by the City.
Planning Commission - District 3 - One ( 1) Vacancy
One (1) Unexpired Term - Expiring December 31, 2026
Planning Commission - At-Large - One ( 1) Vacancy
One (1) Two (2) Year Term - Expiring December 31, 2026
Discussion:
Staff advertised the above vacancies on the City's website, on social media, and on the bulletin board outside of City Hall. Applicants were interviewed by a committee per City policy. Any remaining vacancies on City commissions will continue to be advertised.
Fiscal Impact:
None
Reviewed by:
...-et/
e, Interim City Manager
ITEM 18
601
Airport Advisorv Commission Aooointment Date Term Exoires Denise Tarka January 17, 2024 - December 31, 2025
Dennis Reed January 17, 2024 - December 31 , 2025
David Anderson January 15, 2025 - December 31, 2026
Jim Davis January 15, 2025 - December 31, 2026
(Vacant) - December 31, 2026
Measure H Citizens' Oversioht Committee Aooointment Date Term Exoires Herman Jackson January 17, 2024 - December 31, 2025
Douglas Young April 17, 2024 - December 31, 2025
(Vacant) - December 31 , 2026
(Vacant) - December 31, 2026
(Vacant) - December 31, 2026
Measure P Committee Annointment Date Term Exoires
Steven Soares February 7, 2024 - December 31 , 2026
Deborah "DJ" Barcellos February 7, 2024 - December 31, 2026 Harriet Schott February 7, 2024 - December 31, 2026
Richard Stewart Janury 4, 2023 - December 31 , 2025
Nathan Mancebo Janury 4, 2023 - December 31, 2025
Gerald Giesel Februarv 1, 2023 - December 31, 2025
(Vacant) December 31, 2027
Measure V Citizens' Oversioht Committee Aooointment Date Term Exoires (Vacant) - December 31, 2026
Parks & Recreation Commission Aooointment Date Term Exoires Jeri Blevins January 17, 2024 - December 31, 2025
John Spevak January 17, 2024 - December 31 , 2025
Luis Castro December 19, 2024 - December 31, 2026
(Vacant) - December 31, 2026
(Vacant) - December 31 . 2026
Plannina Commission Aooointment Date Term Exoires
District 1 - (Vacant) - December 31, 2028
Clarence "Rob" Robinson - District 2 January 18, 2023 - December 31, 2026 John Cates - District 3 January 4, 2023 - December 31 , 2026 (Vacant) - December 31, 2028
(Vacant) - December 31, 2026
Tree Commission Annointment Date Term Exoires
Abel Molina March 20, 2024 - December 31 , 2025
Laurence Byers January 17, 2024 - December 31, 2025
(Vacant) - December 31, 2025
(Vacant) - December 31, 2026
(Vacant) - December 31, 2026
602