City of Patterson Page 1 Updated 3/10/2022 10:13 AM
Agenda
City of Patterson
City Council Regular Meeting
March 15, 2022
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
To minimize the spread of the COVID-19 virus, this hybrid meeting will be held in accordance with certain requirements of the Ralph M. Brown Act, Patterson City Council Resolution No. 2022-04, and the Federal Americans with Disabilities Act. If you would like to attend the Council meeting in person, you will be required to wear a face covering and maintain appropriate social distancing, including maintaining a 6-foot distance between yourself and other individuals. Please Note: Seating is limited and set on a first come, first serve basis. Seat reservations will be accepted as soon as a City Council meeting Agenda/Packet is posted. To reserve your seat, please contact the City Clerk at (209) 895-8012 or by email [email protected] by the deadline of 5:00 p.m. a day in advance before a scheduled City Council Meeting.
When you reserve a seat for an in-person City Council meeting, be advised, that before entering the City Council Chambers, you will be required to sign a Covid-19 Liability Waiver and attest that you are not experiencing any COVID 19 symptoms.
Regular City Council meetings are scheduled on the 1st and 3rd Tuesday of each month at 7:00 p.m. The agenda/packet are posted after 5 p.m. the Thursday before a scheduled Tuesday City Council Meeting.
MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING 1-669-900-9128, MEETING ID: 693 538 4239, PASSWORD: 20995363 AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT. JOIN FROM A PC, MAC, IPAD, IPHONE, OR ANDROID DEVICE BY USING THIS URL:
https://us02web.zoom.us/j/6935384239?pwd=ZmZwMFdYajRsTjlKTnNTamZCWXFXdz09
THE MEETING WILL BE TELEVISED OR AVAILABLE FOR PUBLIC VIEWING ON COMCAST CABLE CHANNEL 7 ON THE FOLLOWING DAYS: WEDNESDAY AT 3:00 P.M., FRIDAY AT 8:00 P.M. AND SATURDAY AT 12:00 P.M. OR WATCH ON INTERNET VIMEO LINK: https://vimeo.com/channels/patterson/
City of Patterson Page 2 Updated 3/10/2022 10:13 AM
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895-8012. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] The City Council agenda and supporting public documents are available for viewing in City Hall, Administration Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site www.ci.patterson.ca.us listed under Popular Links “City Council Agendas” or please call or email the City Clerk at (209) 895-8012 or [email protected]
If you wish to be notified of future City Council Meetings, please visit our web site www.ci.patterson.ca.us go to Popular Links “City Council Agendas” and Subscribe to “RSS” ═══════════════════════════════════════════════════════════════
1. Call to Order
2. Pledge of Allegiance
3. Statements of Conflict
4. Items from the Public
Any member of the audience desiring to address the Council regarding a matter on the agenda, please raise your hand or step to the podium, or if using the zoom app by pressing *9 on you cell phone at the time the item is announced by the Mayor. The public wishing to address the Council on items that do not appear on the agenda may do so; however, Council will take no action other than referring the item to staff for study and analysis and shall place item on a future agenda (Resolution 92-25)
In order that all interested parties have an opportunity to speak, any person addressing the Council will be limited to a maximum of five (5) minutes unless the Mayor grants a longer period of time (Resolution 92-25)
Please State Your Name and City for the Record.
5. Consent Calendar
All items are approved by a single action. Any item may be removed from the Consent Calendar for separate discussion upon request from a member of the Public, Staff and/or Councilmember.
5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
5.2. Approve Minutes of Regular Meeting - February 1, 2022 (7:00 PM)
5.3. Approve Minutes of Regular Meeting - February 15, 2022 (7:00 PM)
5.4. Approve City Department Reports for the Month of February 2022 (Community Development, Public Works and Recreation & Community Services)
5.5. Approve City Commission Reports for the Month of February 2022 (Parks Recreation & Beautification Commission)
City of Patterson Page 3 Updated 3/10/2022 10:13 AM
5.6. Approve Resolution No. 2022-08, Accepting as complete the Las Palmas Ave Overlay Project; Authorize Staff to File the Notice of Completion and Commence the Warranty Period; and Approve the requested Budget Adjustment.
5.7. Accept all bids for the Water Quality Control Facility Administration Building (WQCF) Project, award construction to Bobo Construction INC., authorize Staff to execute the Contract and approve the required budget adjustment.
5.8. Approve Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC.
5.9. Approve Resolution No. 2022-09 Proclaiming Arbor Week during March 7-14, 2022 in the City of Patterson.
5.10. Adopt Resolution 2022-10, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
5.11. Approve the Resolution Nos. 2022-11 and 2022-12 Declaring the City Council's Intention to Initiate Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for the Landscape Maintenance Districts (LMDs) and County Service Area (CSA) No. 15) for FY 2022/23.
5.12. Approve the Patterson Fire Fighters Association IAFF Local 4577 Memorandum of Understanding and Salary Schedule Effective July 1, 2021, through June 30, 2022.
5.13. Approve Resolution No. 2022- 13 Authorizing the City Manager to Submit an Application to the San Joaquin Valley Air Pollution Control District Public Benefit Grants Program.
6. Presentation
6.1. Engineering, Building, and Capital Projects – Presentation - Patterson Public Safety Center Design Progress
7. Presentation/Action Item
7.1. Finance - Adopt Resolution No. 2022-14 Approving City of Patterson adjustments to the Budget for the Fiscal Year 2021-22.
Staff Report: Finance Director Ryan, City Manager Irwin Council: Adopt Resolution No. 2022-14 Approving City of Patterson adjustments to the Budget for the Fiscal Year 2021-22.
7.2. Finance - Adopt Resolution No. 2022-15 Adopting Other Post Employment Benefits (OPEB) Funding Policy.
Staff Report: Finance Director Ryan
City of Patterson Page 4 Updated 3/10/2022 10:13 AM
Council: Motion to Adopt Resolution No. 2022-15 Adopting Other Post Employment Benefits (OPEB) Funding Policy.
8. City Council Reports
A. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) B. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) C. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
E. Mayor McCord
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)
9. Other Matters
10. Adjournment
DECLARATION OF POSTING
I, Aracely Alegre, City Clerk of the City of Patterson, California do hereby declare that the foregoing notice was posted on the Bulletin Board at City Hall, 1 Plaza, Patterson, California on Mar. 10, 2022.
City of Patterson Page 5 Updated 3/10/2022 10:13 AM
The Agenda is also posted for public view on the Bulletin Boards of the Hammon Senior Center, 1033 W. Las Palmas, Patterson, the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Aracely Alegre, City Clerk
City of Patterson
Direct No. (209) 895-8014
Email [email protected]
City of Patterson Page 1 Updated 2/25/2022 1:20 PM
City Of Patterson
Regular Meeting Minutes
February 1, 2022
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Aracely Alegre
1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Excused
Cynthia Homen District D Present
The regular (via zoom teleconference) meeting of the City Council of the City of Patterson was called to order in the City of Patterson at 7:00 p.m. by Mayor McCord.
City Staff Present:
1. City Manager Irwin
2. City Attorney Goldstein
3. Finance Director Ryan
4. Human Resources Director Smith
5. Public Works Director Willett
6. Fire Chief Gregory
7. City Engineer Ulloa
8. Recreation & Community Services Director Flanders
9. City Planner Andrews
10. City Clerk Alegre
2. Pledge of Allegiance
5.2 Packet Pg. 6
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 2/25/2022 1:20 PM
3. Statements of Conflict
None.
4. Items from the Public
Kandace Weyhrauch, Patterson Resident - Addressed City Council regarding zoom meetings alienating older City of Patterson citizens, city website errors and difficulty navigating thru website.
Jeffrey Menge, Patterson Unified School District, Assistant Superintendent- Addressed City Council regarding Baldwin Ranch Project concerns, no schools nearby and traffic issues. Nov. 12, 2020, written concerns submitted to City.
Dale Torres, Patterson Resident - Addressed City Council regarding concerns over items on the agenda. Mr. Torres requested to pull item 5.3 from Consent Calendar.
Yvonne Reynolds, Patterson Resident - Addressed City Council in disagreement of zoom council meetings.
Troy McComak, Patterson Resident - Addressed City Council regarding the approval of items that go against the General Plan and citizens not being able to voice their opinions.
Karla Torres, Patterson Resident - Addressed City Council regarding adding an icon to the city website to access and join city meetings easier.
5. Consent Calendar
Consent Calendar Item 5.3 was pulled from the agenda for public comment.
At 7:19 p.m. Mayor McCord open item to public comments.
Timothy Benefield, Patterson Resident - addressed City Council regarding the need for options for people to attend meetings in person.
Kandace Weyhrauch, Patterson Resident - addressed City Council regarding the need for meeting in person.
Jake Ebner, Patterson Resident - addressed City Council regarding the need for meeting in person to have the ability to express their opinions.
Dale Torres, Patterson Resident - addressed City Council regarding the need for meeting in person.
Rebekah Howes, Patterson Resident - addressed City Council in agreement with hybrid meetings.
Aaron Noriega, Patterson Resident - addressed City Council regarding in person meetings, and hybrid meetings.
5.2 Packet Pg. 7
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 2/25/2022 1:20 PM
Yvonne Reynolds, Patterson Resident - addressed City Council in support of hybrid and in person meetings.
At 7:37 p.m. there being no further public comment, Mayor McCord closed the item from further public comments.
Councilmember Parham move to approve Consent Calendar Items 5.1 through 5.3. The motion was seconded by Councilmember Homen and unanimously approved by a 4-0 roll call vote.
RESULT: ADOPTED
MOVER: Parham
SECONDER: Homen
AYES: McCord, Alves, Parham, Homen
EXCUSED: Farinha
5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
5.2. Approve the Recommended Part-Time Classifications Salary Schedule Effective January 1, 2022.
5.3. Adopt Resolution 2022-04, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
6. Presentation/Action Item
6.1. Finance - Accept the City of Patterson’s 2020-21 Financial Audit Report. Accept the Single Audit 2020-21 Report. Accept the City of Patterson’s 2020-21 Transportation Development Act Funds Financial Audit Report. Accept the City of Patterson’s 2020-21 Abandoned Vehicle Abatement Program Financial Audit Report.
Finance Director Ryan reviewed her staff report.
City Auditor Ken Pun with the Pun Group reviewed his report.
Councilmember Alves motion to Accept the City of Patterson’s 2020-21 Financial Audit Report. Accept the Single Audit 2020-21 Report. Accept the City of Patterson’s 2020-21 Transportation Development Act Funds Financial Audit Report. Accept the City of Patterson’s 2020-21 Abandoned Vehicle Abatement Program Financial Audit Report. The motion was seconded by Councilmember Parham and unanimously approved by a 4-0 roll call vote.
5.2 Packet Pg. 8
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 2/25/2022 1:20 PM
RESULT: APPROVED
MOVER: Alves
SECONDER: Parham
AYES: McCord, Alves, Parham, Homen
EXCUSED: Farinha
6.2. Finance - Accept the Patterson Public Financing Authority’s 2020-21 Financial Audit Report.
Secretary Alegre called roll call. Four (4) Members were present, One (1) member was excused.
1. Member Alves
2. Member Parham
3. Member Homen
4. Chair McCord
Excused Members
1. Member Farinha
Finance Director Ryan reviewed her staff report.
Ken Pun with the Pun Group reviewed his report - PowerPoint Presentation.
Member Parham motioned to Accept the Patterson Public Financing Authority’s 2020-21 Financial Audit Report. The motion was seconded by Member Alves and unanimously approved by a 4-0 roll call vote.
6.3. Finance - Accept the West Patterson Financing Authority’s 2020-21 Financial Audit Report.
Secretary Alegre called roll call. Four (4) Members were present, One (1) member was excused.
1. Member Alves
2. Member Parham
3. Member Homen
4. Chair McCord
Excused Members
1. Member Farinha
Finance Director Ryan reviewed her staff report.
Ken Pun with the Pun Group reviewed his report - PowerPoint Presentation.
5.2 Packet Pg. 9
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 2/25/2022 1:20 PM
Member Homen motioned to Accept the West Patterson Financing Authority’s 2020-21 Financial Audit Report. The motion was seconded by Member Alves and unanimously approved by a 4-0 roll call vote.
7. Public Hearing
7.1. City Attorney - Hold a public hearing to receive public input on redrawing City Council district boundaries in response to data received in the 2020 census.
City Attorney Goldstein reviewed her staff report.
Redistricting Consultant Doug Yoakam with National Demographics Corporation reviewed his report - PowerPoint presentation.
City Council addressed the following:
- Would like to see more maps from the public.
At 8:28 p.m. Mayor McCord opened the Public Hearing to public comments.
Tim Benefield, Patterson Resident - addressed City Council regarding the community of Diablo Grande not being represented on the map.
Consultant Yoakam addressed Mr. Benefield's questions, Diablo Grande not being incorporated.
Annette, Patterson Resident - addressed City Council in favor of map102. She also addressed the issues of new housing development and how often is redistricting done.
Consultant Yoakam addressed resident's question; redistricting is done every 10 years.
Marc Meyer, Patterson Resident - addressed City Council regarding the cost to achieve equal population.
At 8:33 p.m. there being no further comments, Mayor McCord closed the item from further public comments.
City Council addressed the following:
1. Mayor McCord being in favor of Map 101
2. Councilmember Parham being in favor of Map 102
3. Councilmember Homen being in favor of Map 102
4. Councilmember Alves Map 101
5. Need to analyze further. No decision between the two maps.
At 8:39 p.m. Mayor McCord open the item to public comments.
5.2 Packet Pg. 10
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 2/25/2022 1:20 PM
Kandace Weyhrauch, Patterson Resident - addressed city council regarding future growth of District A.
At 8:40 p.m. there being no further comments Mayor McCord closed the item from further comments.
RESULT: APPROVED
MOVER: McCord
SECONDER: Parham
AYES: McCord, Alves, Parham, Homen
EXCUSED: Farinha
7.2. Discussion and direction regarding City Council options to address alleged misconduct of an Elected Official.
City Attorney Goldstein and City Manager Irwin addressed their staff report Purpose is Council and Public general overview regarding enforcement of misconduct of an elected official.
Council members cannot remove an elected official from their elected seat. Registered voters are the ones who can thru are recall process.
Council members has two options:
Formal options:
1. Censure; a vote of no confidence
2. Reprimand, act of misconduct.
Informal options:
1. Statement from council or admonishment.
Councilmember Homen - read her statement.
Councilmember Parham - read his statement.
Councilmember Alves - read her statement.
At 9:10 p.m.Mayor McCord opened the Public Hearing to public comments.
Kelvin Love, Patterson Resident - addressed City Council in support of vote of no confidence.
Jake Ebner, Patterson Resident - addressed City Council in opposition of Mayor McCord's actions.
Yvonne Reynolds, Patterson Resident - addressed City Council in opposition of Mayor McCord's actions and in support of Mayor McCord's resignation.
5.2 Packet Pg. 11
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 2/25/2022 1:20 PM
Kandace Weyhrauch, Patterson Resident - addressed City Council in opposition of Mayor McCord's actions. Asked for resignation.
Pearl Marsh, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Kristina McComak, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Troy McComak, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Rebekah Howes, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Dale Torres, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Eric Langstaff, Patterson Resident - addressed City Council in support of Mayor McCord.
Tiffany Macias, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Timothy Benefield, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Janine Gardner, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Karla Torres, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Monica Della Maggiore, Patterson Resident - addressed City Council regarding Councilmember Homen's ongoing investigation and ask that she recuse herself from any discussion regarding Mayor McCord.
Tahiri P., Patterson Resident - addressed City Council in support of Mayor McCord's resignation or reprimand.
Melissa Hamilton, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Gerald Parente, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Kayla, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
5.2 Packet Pg. 12
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 8 Updated 2/25/2022 1:20 PM
Meredith Ebner, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Jamie, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Lindsey Herrera, Patterson Resident - addressed City Council in support of Mayor McCord's resignation.
Monica Della Maggiore, Patterson Resident - addressed City Council regarding her comments from the July 2020 City Council meeting.
City Clerk Alegre read emails submitted in support of Mayor from Patterson Residents Diana Harrison, Christine Harrison, David McCord, Grace McCord, John McCord, Michael M., Clay King and Eric Bendix.
At 10:20 p.m. there being no further comments, Mayor McCord closed the item from further public comments.
City Council addressed the following:
- City attorney to advise on how to proceed with a written statement. - Matter to be settled in court with the appropriate entity.
Councilmember Parham motioned to move forward with a collaborative public statement, the motion was seconded by Councilmember Homen and the motion approved by a 3-0 roll call vote. Mayor McCord abstained.
RESULT: ADOPTED
MOVER: Parham
SECONDER: Homen
AYES: Alves, Parham, Homen
ABSTAIN: McCord
EXCUSED: Farinha
8. City Council Reports
A. Appointment of One (1) Member to the Downtown Revitalization Committee
8.A.1. Motion to Appoint One (1) Member to the Downtown Revitalization Committee.
Councilmember Homen addressed her support for Michael Sidhu to be appointed to the Downtown Revitalization Committee.
Councilmember Homen motioned to appoint Michael Sidhu to the Downtown Revitalization Committee. The motion was seconded by Councilmember Alves and unanimously approved by a 4-0 roll call vote.
5.2 Packet Pg. 13
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 9 Updated 2/25/2022 1:20 PM
RESULT: APPROVED
MOVER: Homen
SECONDER: Alves
AYES: McCord, Alves, Parham, Homen
EXCUSED: Farinha
B. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) Nothing to report.
C. Councilmember Parham
Nothing to report on items.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) D. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) None.
E. Councilmember Homen
Nothing to report on items.
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
F. Mayor McCord
Nothing to report on items.
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)
5.2 Packet Pg. 14
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 10 Updated 2/25/2022 1:20 PM
9. Other Matters
Councilmember Parham addressed how pleased he is to talk to the members of the community.
Councilmember Alves addressed the Love Stanislaus and Love Patterson event coming up on April 30, 2022. Members of the community can find more information on Facebook and Instagram.
Addressed Proclamation to proclaim April 30, 2022, Love Patterson Day.
10. Adjournment
There being no further business, the regular via zoom teleconference meeting of the City Council of the City of Patterson of February 1, 2022, was adjourned at 10:33 p.m.
Approved by the Patterson City Council on March 15, 2022.
5.2 Packet Pg. 15
Minutes Acceptance: Minutes of Feb 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 1 Updated 3/8/2022 4:37 PM
City Of Patterson
Regular Meeting Minutes
February 15, 2022
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Aracely Alegre
1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The regular via zoom meeting of the City Council of the City of Patterson was called to order in the City of Patterson at 7:01 p.m. by Mayor McCord.
City Staff Present:
1. City Manager Irwin
2. City Attorney Goldstein
3. IT Manager Ford
4. City Planer Andrews
5. Human Resources Director Guillory Jones
6. Fire Chief Gregory
7. Public Works Director Willett
8. City Engineer Ulloa
10. Police Chief Clayton
11. City Clerk Alegre
2. Pledge of Allegiance
3. Statements of Conflict
None.
5.3 Packet Pg. 16
Minutes Acceptance: Minutes of Feb 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 3/8/2022 4:37 PM
4. Items from the Public
Jeff Menge, Patterson Joint Unified School District Assistant Superintendent - addressed City Council regarding the Baldwin Ranch Project. Also addressed City Council regarding the abandoned house at the triangle property being demolished.
Kandace Weyhrauch, Patterson Resident - addressed City Council regarding meeting in person/hybrid instead of zoom. Ms. Weyhrauch also addressed City Council regarding Ms. Della Maggiore's comment from the February 1, 2022, City Council meeting regarding Councilmember Homen's investigation. Also mentioned a Notice of Intention to Circulate Recall Petition has been filed with the City Clerk.
Timothy Benefield, Patterson Resident - addressed the City Council regarding the need to meet in person/hybrid and the Baldwin Ranch project. Mr. Benefield addressed Councilmember Parham's comments made at the February 1, 2022, City Council meeting.
Russel Fowler, Office of Supervisor Chance Condit - addressed City Council regarding hosting mobile district office at Blues Cafe in Patterson. Mr. Fowler also addressed City Council in appreciation to City Manager Irwin and Public Works Director Willett for showing the City of Patterson to prospective healthcare clients interested in bringing a hospital to the Westside.
Dale Torres, Patterson Resident - addressed City Council in opposition of zoom meetings and the need to meet in public. Mr. Torres also addressed the City Council regarding the Board of Supervisors vote to eliminate the state of emergency.
Troy McComak, Patterson Resident - addressed City Council regarding the need for meetings in person or hybrid.
At 7:23 p.m. there being no further public comments, Mayor McCord closed the item from public comments.
5. Consent Calendar
Dale Torres, Patterson Resident pulled item 5.13 from agenda. Mr. Torres addressed City Council regarding the Love Patterson 2022 event, he asked if the event was going to be conducted via zoom.
Mayor Pro Tem Farinha moved to approve Consent Calendar Items 5.1 through 5.13. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.
RESULT: ADOPTED
MOVER: Farinha
SECONDER: Parham
AYES: McCord, Alves, Parham, Farinha, Homen
5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
5.2. Approve Minutes of Special Meeting - December 6, 2021 (6:00 PM)
5.3. Approve Minutes of Special Meeting/Closed Session - December 21, 2021 (5:30 PM)
5.4. Approve Minutes of Regular Meeting - December 21, 2021 (7:00 PM)
5.5. Approve Minutes of Special Meeting/Closed Session - January 11, 2022 (5:00 PM)
5.6. Approve Minutes of Special Meeting/Closed Session - January 18, 2022 (6:00 PM)
5.3 Packet Pg. 17
Minutes Acceptance: Minutes of Feb 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 3/8/2022 4:37 PM
5.7. Approve Minutes of Regular Meeting - January 18, 2022 (7:00 PM)
5.8. Approve Minutes of Special Meeting/Closed Session - January 25, 2022 (6:00 PM)
5.9. Approve City Department Reports for the Months of December 2021 thru January 2022 (Public Works, Recreation & Community Services and Community Development)
5.10. Approve City Commission Reports for the Months of January and February 2022 (Parks Recreation & Beautification Commission)
5.11. Approve Resolution No. 2022-06, Authorizing Staff to Submit to CalRecycle a Notification of Intent to Comply with SB 1383 Regulations.
5.12. Adopt Resolution No. 2022-07 Approving the Subdivision Improvement Agreement and to Accept Final Map for the Clayton Shire - Phase 1 Subdivision located in the Villages of Patterson Master Development Plan.
5.13. Support a sponsorship to the Love Patterson 2022 Event in the amount of $2,500.
6. Presentation
6.1. Proclamation - National African American History Month (February 2022) - Mayor McCord
Councilmember Parham read the proclamation.
RESULT: APPROVED
6.2. Coronavirus COVID-19 Update (City Manager Irwin)
City Manager Irwin reviewed his presentation.
At 7:36 p.m. Mayor McCord opened the item to public comments.
Dale Torres, Patterson Resident - addressed the City Council regarding covid cases and measures taken by the City to slow the spread of Covid-19.
At 7:38 p.m. there being no further public comments, Mayor McCord closed the item from public comments.
City Manager addressed Mr. Torres questions.
7. Public Comment/Action Item
7.1. Public Works Department - Authorize Mistletoe Abatement; Authorize Staff to Enter into a Small Value Contract with the Contractor Selected to Abate the Mistletoe; and Authorize Staff to Bill the Property Owners (Resolution No. 2022- 05) Clean Up Process.
Public Works Director Willett reviewed his report.
At 7:41 p.m. Mayor McCord opened the item to public comments.
5.3 Packet Pg. 18
Minutes Acceptance: Minutes of Feb 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 3/8/2022 4:37 PM
Marc Meyer, Patterson Resident - addressed City Council regarding the cost of labor hours and process for non-compliance.
Public Works Director Willett addressed Mr. Meyer questions.
At 7:43 p.m. there being no further public comments, Mayor McCord closed the item from public comments.
Councilmember Alves motioned to Authorize Mistletoe Abatement; Authorize Staff to Enter into a Small Value Contract with the Contractor Selected to Abate the Mistletoe; and Authorize Staff to Bill the Property Owners (Resolution No. 2022-05) Clean Up Process. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.
RESULT: APPROVED
MOVER: Alves
SECONDER: Homen
AYES: McCord, Alves, Parham, Farinha, Homen
8. Public Hearing
8.1. City Attorney - Review and Approve City Council's Unified Statement Regarding Alleged Misconduct of an Elected Official.
City Attorney Goldstein reviewed her report.
At 7:47 p.m. Mayor McCord opened the Public Hearing to public comments.
Kandace Weyhrauch, Patterson Resident - addressed City Council in support of a Censure for Mayor McCord.
Grace McCord, Patterson Resident - addressed City Council in support of Mayor McCord.
Stewart Walker, Patterson Resident - addressed City Council in opposition of Mayor McCord's actions in handling the situation. Mr. Walker addressed City Council in support of Mayor stepping down.
Troy McComak, Patterson Resident - addressed City Council regarding Mayor McCord's matter in question.
Timothy Benefield, Patterson Resident - addressed City Council regarding Mayor McCord's matter in question.
Dale Torres, Patterson Resident - addressed City Council regarding the unified statement made by City Council.
5.3 Packet Pg. 19
Minutes Acceptance: Minutes of Feb 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 3/8/2022 4:37 PM
Kristina McComak, Patterson Resident - addressed City Council regarding Mayor McCord's matter in question.
Melissa Hamilton, Patterson Resident - addressed City Council regarding Mayor McCord's matter in question.
Geraldo Parente, Patterson Resident - addressed City Council in support of a censure.
City Clerk Alegre read emails submitted by Patterson residents Kayla Atkinson and Dawn Briggs into the record.
Meredith Ebner, Patterson Resident - addressed City Council regarding Mayor McCord's matter in question.
At 8:14 p.m. there being no further public comment, Mayor McCord closed the item from public comments.
City Council addressed the following:
- Mayor Pro Tem Farinha reviewed his statement.
- Importance to return to city business.
Councilmember Parham motioned to Approve City Council's Unified Statement Regarding Alleged Misconduct of an Elected Official with revisions of the last sentence of the statement. The motion was seconded by Mayor Pro Tem Farinha and unanimously approved by a 4-0 roll call vote. Mayor McCord abstained.
RESULT: APPROVED
MOVER: Parham
SECONDER: Farinha
AYES: Alves, Parham, Farinha, Homen
ABSTAIN: McCord
9. City Council Reports
A. Appointment/Reappointment Two (2) Members to the Senior Center Board of Directors.
9.A.1. Motion to Appoint/Reappoint Two (2) Members to the Senior Center Board of Directors.
Mayor Pro Tem Farinha motioned to appoint/reappoint Catherine Ferreira and Lorin Buhler to the Senior Center Board of Directors. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.
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Minutes Acceptance: Minutes of Feb 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 3/8/2022 4:37 PM
RESULT: APPROVED
MOVER: Farinha
SECONDER: Parham
AYES: McCord, Alves, Parham, Farinha, Homen
B. Councilmember Alves
Nothing to report.
. Westside Health Care Task Force (Councilmember Parham alternate) C. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
Councilmember Parham Covered:
- Update on Comprehensive Economic Development 2022
- New Chairman Amy Bublak
- Next meeting is April 28, 2022
. Hazardous Waste Advisory Committee (Mayor McCord alternate) Nothing to report.
. Stanislaus County Disaster Council (Mayor McCord alternate) Councilmember Parham covered:
-Mitigation report being updated in preparation for approval by FEMA. - Staffing updates
- Fire season
- Public Health Covid-19
- Next meeting April 21, 2022
D. Mayor Pro Tem Farinha
Nothing to report.
. Workforce Development Board (Councilmember Alves alternate) E. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
Councilmember Homen Provided the following updates:
- Meeting held on February 9, 2022
- Point in town count will be February 23, 2022, for sheltered and February 24, 2022 for unsheltered, volunteers needed.
- Funding, strategic plan.
- Barbara Kauss, Executive Director retiring March 1, 2022. New Executive Director will be Jim Cruz . San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
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Minutes Acceptance: Minutes of Feb 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 3/8/2022 4:37 PM
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
F. Mayor McCord
Nothing to report.
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)
10. Other Matters
City Manager Irwin addressed Patterson Unified Joint School District (PUJSD) Staff complains regarding communication between City Staff, the Development Community and the school district. Complaints are regarding the number of schools needed, school fees and community facilities district. Fees imposed on the developers by the City cannot exceed the maximum specified in the state statute. Due to these limitations, the City has encouraged the school district and the developer keep the dialogue forward and to reach a mutual agreement. Regarding the Baldwin Ranch North Project, the City has encouraged the developer and the school district to keep the dialogue moving forward and find a solution. The City cannot impose higher fees. Other comments regarding the Villages CFD issue, City made it clear to the school district that the district's source of planning will not be impacted. Meeting with the school district is upcoming and hope that their concerns are addressed.
City Council addressed the following:
- Redistricting deadlines. Possibility of a Special Council meeting in March or early April. - Clarification of "Separation of Church and State" statement made. - Encouraged by those who came forward to have a discussion on the matters on the agenda. Encouragement for citizens to participate.
- Possible Hospital in Patterson, working closely with Supervisor Channce Condit's office.
11. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of February 15, 2022, was adjourned at 8:59 p.m.
Approved by the Patterson City Council on March 15, 2022.
5.3 Packet Pg. 22
Minutes Acceptance: Minutes of Feb 15, 2022 7:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, Deputy City Clerk
MEETING DATE: March 15, 2022
ITEM NO: 5.4
SUBJECT: Approve City Department Reports for the Month of February 2022 (Community Development, Public Works and Recreation & Community Services)
RECOMMENDATION
Approve City Department Reports for the Month of February 2022 (Community Development, Public Works and Recreation & Community Services)
5.4 Packet Pg. 23
February 2022
Community Development Department
Monthly Report
The following information is provided as an update regarding the Planning and Housing Division activities during the month of February and updates for previously approved projects.
Planning Commission Meetings
On February 10, 2022, the Planning Commission met to consider the following items:
1. BHT Auto Storage Extension Request (Architectural & Site Plan Review #19-06 and Conditional Use Permit #19-06) (continued)
The City has received a request to extend the BHT Auto Storage Project approval expiration date for a period of two additional years. The project included a vehicle storage facility located on Assessor Parcel Numbers 021-022-028, -043, -044, -045, -046, an approximately 224 acre site located south of Zacharias Road, between the California Aqueduct and Delta Mendota Canal. The applicant proposes outdoor storage of used, operable and inoperable vehicles for wholesale online auction. The project is divided into two phases. The first phase would include a 12,800 square foot office building, parking areas, storm drainage infrastructure, and associated landscaping, on the southern half of the project area, approximately 100 acres. The second phase would include a 12,800 square foot office building, parking areas, storm drainage infrastructure and associated landscaping on the balance of the site. No dismantling, draining of fluids, crushing or sale of parts is proposed.
Vehicles are sold in the same condition as they arrive. The permit time extension requires a public hearing by the Planning Commission. The Planning Commission requested additional information and continued this item to the February 10th meeting. The applicant requested that this item be continued to the March 10th meeting.
2. California Environmental Quality Act
Staff provided an informational presentation regarding the California Environmental Quality Act.
On February 24, 2022, the Planning Commission met to consider the following items:
1. Water Office Restaurant – 22 N. Del Puerto Ave., Architectural and Site Plan Review #22-01, Conditional Use Permit #22-01
Review of an architectural and site plan review and conditional use permit for the remodel of an existing 1,258 square foot building. The project also includes the addition of 2,386 square feet to the existing building and a 225 square foot enclosed porch. The building is located at 22 N. Del Puerto Avenue, also known as APN 131-009-019, a 0.10 acre lot. The proposed use is a full-service restaurant with a bar. The restaurant’s hours of operation are proposed
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Attachment: Department Monthly Reports - February (Monthly Department Reports) for 5:00 PM to 9:00 PM Tuesday-Thursday and 5:00 PM to 10:00 PM Friday and Saturday, closed Sunday and Monday. The site plan also includes parking landscaping and other appurtenances. The use is consistent with the Downtown Core, where the lot is located, subject to a conditional use permit. The item was approved with a 5-0 vote.
2. Outdoor Event Venue Proposal – 125 Poppy Avenue, Conditional Use Permit #21-11 A public hearing to consider a Conditional Use Permit for an outdoor event venue on a 2.55 acre site at 125 Poppy Avenue. The project site has an existing horse arena and a horse stable. No permanent structures are proposed; all events will be held outdoors. Maximum number of guests at any given time is 200. All event seating, gathering accessories, and catering will be temporary and provided by the individual events. To accommodate parking for the guests, the applicant is proposing the installation of a parking area that may accommodate up to 120 vehicles. This item was approved with a 4-1 vote.
3. Patterson’s Active Transportation Master Plan
A review of connectivity for bicycle and pedestrian facilities for the City of Patterson and future expansion needs. The Planning Commission recommended approval of this item to the City Council with a 5-0 vote.
The next regularly scheduled meetings will be held on March 10th and 24th, 2022 at 7:00 PM.
Master Plan Update
The Transportation Master Plan will be presented to the City Council in the near future.
Staff and consultants are working on updates to the draft Parks and Recreation Master Plan.
Status update for major projects approved during 2022
0 1
2 3
4 5
6 A&SP
CUP
FM
LLA
PD
RZN
TPMTSM
P/A
ORD
VAR
Major Projects
Applications previously approved
in 2022
Applications approved in February
Applications in Progress
Complete Applications
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Attachment: Department Monthly Reports - February (Monthly Department Reports) A&SP Architectural & Site Plan Review RZN
General Plan
Amendment/Rezone
CUP Conditional Use Permit TPM Tentative Parcel Maps
FM Final Map TSM Vesting Tentative Maps
LLA Lot Line Adjustment P/A Prezone/Annexation
PD Planned Development ORD Zoning Ordinances/Amendments VAR Variance
Architectural & Site Plan Reviews
- Chipotle Restaurant - A&SP #21-10, Sperry Avenue, east of Ward Avenue – Approved Conditional Use Permits
- AT&T Wireless Tower - CUP #20-03, Negative Declaration #21-02, Centennial Park - Approved
Status update for projects approved in previous years
• Grocery Outlet, A&SP #21-01, CUP #21-02, TPM #21-01, southeast corner of Sperry Avenue and the future extension of Rogers Road, submitted building permit application • Caligrows projects A&SPs #21-03, -04, and -05, CUPs #21-04, -05, -06, business park, approved
• Dutch Bros. Coffee, A&SP #21-02, CUP #21-03, southeast corner of Sperry Avenue and future extension of Rogers Road, approved
• VOP 2.1 LLC Lot 36 housing development, north of Olive Avenue, east of Sycamore, approved
• Popeye’s Restaurant, A&SP #21-07, CUP #21-07, north of Sperry Avenue, east of Park Center Drive, submitted building permit application
• Oishi Teri Sushi Restaurant, A&SP #21-08, CUP #21-08, north of Sperry Avenue, east of Park Center Drive, submitted building permit application • BHT Properties Auto Storage, A&SP #19-06, CUP #19-06 - Approved • Love’s Travel Center, A&SP #19-07, CUP #19-07, Sperry Avenue and Rogers Road – Submitted building plans, site work underway
• S2A Modular, A&SP #20-01, CUP #20-04, TPM #20-01 – Site work underway • Nucleus Homeopathics, Inc., A&SP #20-02, CUP #20-05, 240 Park Center Drive – Approved
• Arambel Business Park Warehouse, A&SP #19-02, Rogers Road – Approved • La Quinta Hotel, A&SP #19-04, CUP #19-04, Sperry Avenue – Submitted building plans, applicant delay
• Harvest Samoan Assembly of God Church, A&SP #19-05, CUP #19-05, 415 N. 1st St. – Site work underway
• Del Lago Mini Golf and Family Fun Center, CUP #17-05, A&SP #17-04, Annamarie Ave – Site work underway
• Hamen Truck Wash, A&SP #17-01, CUP #17-02, PD #17-01, east side of Park Center Drive, north of Flying J Travel Center – Nearing completion
• Del Puerto Hospital Project, A&SP #17-03, 821 E Street - Approved • Westside Self Storage Baldwin - A&SP #16-03, PD #16-02, TPM #16-03, DA #16-01, Baldwin Road, Submitted building permit for third phase
• Patterson Logistics Center – PD 09-02, VTPM 09-01, DA 09-01, ND 10-03, A&SP 12-05 – Approved
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Attachment: Department Monthly Reports - February (Monthly Department Reports) • McShane Companies A&SP 07-04 (Phase 3) – Approved
Major Subdivisions
Villages of Patterson
• Villages of Patterson Apartments, A&SP #18-02, Olive Avenue – Submitted building permit • Landon Lane Apartments, A&SP #19-03 – Approved
• Self Help Enterprises single family units – second phase under construction • Patterson Ranch – construction underway
• Clayton Shire – site work underway
• Camden Shire – site work underway
Housing Projects and Programs
• CDBG: Preliminary work on 5th Street Infrastructure project underway. • HOME: City Staff continues to work with First-time Homebuyer Applicants seeking loan approvals.
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Attachment: Department Monthly Reports - February (Monthly Department Reports) 1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”
MONTHLY STAFF REPORT
February 2022
Administration & Environmental Compliance Division
Staff continues to work closely with Finance to track all expenses and to submit all necessary FEMA grant reimbursements for all COVID-19 related expenses incurred by the City. The City is receiving in grant funds through the CARES Act, which require detailed expense reporting every month.
The formal SRF loan agreement was approved and has been fully executed for the WQCF LEED Administration Building Project. The bids were opened and the contract will be awarded in March.
The City is currently on the last year of approved water rates. Staff is currently working closely with Bartle Wells & Associates on the new Water Rate Study & Prop 218 process.
Staff is looking at a 10-year financial outlook for the water fund and will work on bringing this item before the Council for adoption of the new five year rate plan in the next couple of months.
The City has applied for SRF Loan funding for a City water meter system replacement project.
The project would replace older water meters in the City to help with water system revenue losses and improve overall utility system management. The bid package is being prepared. Staff has been working with Willdan Consulting on updating several City facility, Parks and Recreation impact fees. Staff has met with the consultant and the Parks & Recreation Master Plan consultant during October to go over the costs associated with parks/recreational facilities. Once the impact fee study is complete, staff will be presenting the item to Council for approval of new proposed fees.
Staff has been working closely with Planning, Recreation/Community Services, and Engineering on the new Parks Master Plan update. Community Outreach has been in progress for over two months through attendance at community events, surveys have been collected via the City’s social media, website, and other avenues. Once the plan is complete, staff will present this item to Council for approval.
Staff is working on the Mid-Year budget review and work closely with Finance to bring this item before the City Council.
Staff is working along other departments and City Attorney’s office to update the City’s municipal code. This will provide more updated codes to help the City comply with many state/federal regulations and provide more enforceable code of law that would allow everyone in the community to live and work safely, productively and in compliance with all environmental laws.
Staff working with Finance to complete the FY 22/23 buget. Once completed, the budget will be brought to City Council for formal adoption.
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Attachment: Department Monthly Reports - February (Monthly Department Reports) 2 Grant Writing & Administration
South Park Per Capita Grant: Staff is working with California Consulting to apply for a per Capita Grant, Statewide Parks Program (SPP) grant. The SPP grant application was due in December 2021. Staff has submitted all documents necessary for this grant application. Outdoor Equity Grants (OEP): Staff will be working closely with the Recreation Department to apply for a new grant. The City has partnered with Public Health Advocates again to complete the grant application and seek grant funding through this State grant program to help expand the City’s recreational and environmental programs. This application was submitted by the deadline of October 8, 2021. Community workshops were held during the month of September. Staff is working closely with Public Health Advocates on the grant application.
Recycling & Solid Waste Program
SB 1383 Ordiance was completed. The 1st Reading and Introduction of the new ordinance was completed on November 16th. The 2nd Reading was completed December 7th.
Implementation of the new ordinance to begin by January 2022. Staff is completing compliance review of all commercial organizations in town that meet the threshold for mandatory recycling.
Hazardous Waste event for the community is scheduled for March 5th at the City’s community center parking lot located on W. Las Palmas/Ward Avenue.
F.O.G (Fats, Oils, & Grease) Program
The City currently has two Public Works inspectors conducting FOG inspections. FOG inspections are being performed on a regular basis to ensure compliance.
Water Division & Water Conservation Program
The State Water Resources Control Board has rescinded the mandatory conservation standards that have been in place since 2015. The reporting requirements and prohibitions on water waste will remain. The current prohibitions against wasteful water use practices include outdoor watering during or within 48 hours after a rain event; hosing down a sidewalk instead of using a broom or a brush; and overwatering a landscape to where water is running off onto the sidewalk or into the gutter.
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Attachment: Department Monthly Reports - February (Monthly Department Reports) 3 February 2022 Water Production
Well Production
2 18,432,000
4- NP 5,618,000
5 30,440,000
6 0
7 1,000
8 2,890,509
9 31,009,000
11 6,000
KeystoneNP 5,000
FloragoldNP 6,100
TOTAL 88,407,609
Number of Water Waste Complaints: 5
Number of Follow-ups: 0
Number of Warning/Violations: 0
Number of Penalties: 2
Water Service Connection Requests: 52
Water Service Connection Turnoffs: 41
Water Work Orders: 28
Storm Water Pollution Prevention Program
The City is currently partnering with 23 other Phase II agencies to address the State orders received to comply with the CV Pyrethroid TMDL and Baseline stormwater quality monitoring requriements. This new requirement is looking at the affects of pyrethroid pesticides that enter the waterways through the storm drainage systems/stormwater runoff. This requirement can have a significant financial impact to Phase I and II Cities and would require that they perform toxicity/pyrethroid testing/monitoring and water/sediments four times per year. The Phase II Cities are already participating and paying their fair share of the Delta Regional Monitoring Program tha is managed by the State. The City has partnered with several Cities/Agencies to hire a consultant to help develop a monitoring plan that would be submitted to the State by 2020/21. The partners have joined efforts to contract out with a consultant to assist with the implementation of the Pyrethroids Management Program. A total of 20 agencies have agreed to participate in this effort. The first kickoff meeting is scheduled for 11/4/21. The City of Patterson is taking the lead on this effort and will be a key player on managing this project.
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Attachment: Department Monthly Reports - February (Monthly Department Reports) 4 On April 7, 2015, the State Water Board adopted an Amendment to the Water Quality Control Plan for Ocean Waters of California (Ocean Plan) to Control Trash and Part 1 Trash Provision of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries (ISWEBE Plan). Together, they are collectively referred to as 'the Trash Amendments'. The project objective for the Trash Amendments is to provide statewide consistency for the Water Boards' regulatory approach to protect aquatic life and public health beneficial uses, and reduce environmental issues associated with trash in state waters, while focusing limited resources on high trash generating areas. The State has adopted Trash Policy Amendments which will require all Stormwater Phase II MS4 Cities must comply with. Staff will be working closely with Engineering and storm drainage consultant firm to begin working on table top exercises and Cost estimates so that the City is prepared for implementation of the most cost-efficient option. The City received a letter requesting selection of our preferred option as well as submit a jurisdictional map showing the land use priority areas:
1. Track 1: Install, operate and maintain full capture systems in storm drains that capture runoff from the priority land uses;
2. Track 2: Implement a plan with any combination of treatment controls, institutional controls, and/or multi-benefit projects within the jurisdiction of the MS4 permitted.
Demonstrate full capture system equivalency. Expectation is to install capture systems to the extent not cost-prohibitive.
Staff has submitted their Track (Track 1) option and Preliminary Jurisdictional Map to the State via the SMARTS electronic system and has up to 10 years to implement their trash devices in the areas identified in their plan/map.
An RFP was put out to request proposals for consulting services to assist the City with implementation and design of the City’s trash capturing unit. Two prposals were obtained and are currently under review. A contract will be awarded to Stantec Consultanting during April to begin the first phase of this project. The City has hired Stantec (Storm Drainage Consultant) to assist with the implementation plan, design, and to consult with the State regarding this item. A Technical Memo has been submitted to the State during the month of November 2020 and the City is working with the hired consultant to finalize the options. This is a phased project, but the goal is to get this project designed and ready to go out for construction. The City will be seeking a Prop 1 grant once the project is shovel ready. A new Phase II Stormwater Permit is in progress at the State level. Once it is adopted, it will be implemented. Currently the permit is being held up due to the COVID-19 emergency.In the meantime, the City must comply with everything that is in the current permit. It is anticipated that the new permit will be implemented in FY 21/22. Under this new permit, the school districts will be brought in and will be required to have their own stormwater programs.
The new Construction General permit for construction activities disturbing one or more acres of dirt during construction will be released during this year. Once the permit is released, staff will attend trainings to obtain information on all the changes. The release of the permit is taking longer due to the COVID-19 situation. Several workshops are being scheduled for the month of June 2020. The workshops will be held on-line. The City is completing the Pyrethroids Management Plan. On June 8, 2017, the Central Valley Regional Water Quality Control Board (Regional Water Board) adopted Resolution R5-2017-
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Attachment: Department Monthly Reports - February (Monthly Department Reports) 5 0057, the Basin Plan Amendment (BPA) for the Control of Pyrethroid Pesticide Discharges.1 The BPA was subsequently approved by the State Water Resources Control Board on July 10, 2018 and the Office of Administrative Law (OAL) on February 19, 2019. The United States Environmental Protection Agency (USEPA) approved the Pyrethroid Total Maximum Daily Loads (TMDLs) for the nine urban creeks in Sacramento and Roseville on April 22, 2019. With these approvals, the TMDLs and BPA became fully approved and effective.
The BPA established a Pyrethroids Control Program that includes a variety of actions including, but not limited to:
• Monitoring requirements to assess baseline conditions, as well as continued trend monitoring.
• A conditional prohibition for pyrethroid discharges in exceedance of numeric triggers for Sacramento and San Joaquin River Basin water bodies with the aquatic life beneficial uses.
o If the numeric triggers are exceeded, the conditional prohibition requires the development and submittal of a Pyrethroid Management Plan (Management Plan) to reduce pyrethroid levels in discharges to the maximum extent practicable.
All Phase II Cities are subject to the conditional prohibition, and are not subject to the TMDL required to provide baseline monitoring to the Regional Water Board. However, municipalities regulated pursuant to the Phase II Municipal Separate Storm Sewer System (MS4) permit Phase II Permit may, as an alternative, acknowledge that the existing data are representative of their discharge and forego baseline monitoring and develop a Management Plan. As such, a Management Plan is being finalized on behalf of the City of Patterson, as required for all Phase II permittees. The plan along with a Pyrethroids Management Policy was submitted to the State on August 19, 2021. The City is working with other agencies to implement this program and comply with this requriement.
These are the main projects which Public Works and Engineering are focusing on. These projects include:
o Staff continues to work with Engineering to develop the City’s Track 1 Trash Implementation Plan to comply with the State’s Trash Policy requirements. The plan was submitted to the State on December 2018 and the City has 10 years from this date to complete the implementation of their full trash capture plan. Design funds were approved in the FY 19/20 budget. Proposals for design were received and a consultant agreement is currently in progress. The kickoff meeting was held and the project is currently in progress. The City will be submitting their implementation plan and full trash capture device option(s) to the State. Once approved, staff will work on the next phases of this project which includes preliminary projects design/bid plans.
The City will be exploring Prop 1 grant opportunities for this project. o WQCF Administration LEED Building. This project is currently out to bid. o WM-1A (Kinshire) Waterline Replacement Project. Project was awarded and is currently under construction.
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Attachment: Department Monthly Reports - February (Monthly Department Reports) 6 Committees & Commission
Parks & Recreation and Beautification Commission:
The commission heard a presentation from Councilmember Alves regarding the Love Patterson event. This item will be discussed at the next meeting. The next regular meeting will be scheduled for March 16, 2022.
Safety (JEMSAC) Committee:
The committee held it’s monthly meeting on February 10, 2022. Covid and monthly safety meetings were discussed.
Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
Encroachment Permit = 21
Fire Hydrant Use Permits = 1
Livescan = 0
Streets/Collections Division
Work Orders: Streets/Sidewalks = 12 Alleys/Garbage = 1 Collections = 0 Seasonal Tasks:
Storm drain maintenance.
Repaired potholes throughout the City.
Performed sewer maintenance.
Boarded up abandoned home.
Electrical Division
Work Orders: Streetlights = 4
Seasonal Tasks this Month:
Repaired street lights throughout the City.
Worked performed process equipment at the WQCF.
Installed sureveillance cameras at the WQCF.
Urban Forestry Division
Work Orders: Urban Forestry: 25
Seasonal Tasks this Month:
Performed tree maintenance on the established schedule. Addressed requests for service.
Parks, Landscape & Building Maintenance Divisions
Park Reservations: 0 (All parks are currently closed to reservations until further notice due to COVID-19).
Work Orders: Building Maintenance: 2 Parks: 4
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Attachment: Department Monthly Reports - February (Monthly Department Reports) 7 Seasonal Tasks & Projects:
Continued maintenance of all parks and easements.
Focused on maintenance pruning in LMDs.
Performed routine maintenance at City Hall.
Fleet Services Division
Number of PW equipment repaired/serviced: 24 Public Works, Recreation and Community Service vehicles and 0 Fire Vehicles.
Water Quality Control Facility (WQCF)
MONTHLY FLOWS AND AVERAGES - FEBRUARY 2022
FEBRUARY 2022 INFLUENT SPOD* NPOD* AIPS
TOTAL FLOW,
MG/ month
52.324 32.703 18.149 1.473
AVG FLOW, MGD 1.688 1.055 .585 .048
HIGH FLOW, MGD 2.357 1.368 .851 .996
LOW FLOW, MGD 1.432 .772 .311 .000
Total Capacity,
MGD
2.25 1.25 .800 .200
* SPOD- South Plant Oxidation Ditch (new) * NPOD- North Plant Oxidation Ditch (old) Alarms/Call-Outs:
Alarms = 115
Call-Outs =5
Seasonal Tasks:
1. AIPS shut down for service.
1. Process control under adjustment for current weather conditions.
2. Continue Annual PM work. (Oil changes)
3. Washer compactor back on line.
4. North plant clarifier #2 back on line.
LABORATORY RESULTS
FEBRUARY 2022
Avg.
BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal
Influent 270 180 * 7.25 * * * * * *
Effluent. 5.2 8.5 1200 7.32 1830 1.1 5.9 7.0 220 290
* Not required
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Attachment: Department Monthly Reports - February (Monthly Department Reports) 1 Recreation & Community Services Department
Monthly Staff Report
February 2022
.
PATTERSON AQUATIC CENTER
Patterson High School swim team is now practicing in the pool each afternoon, Monday – Friday through April 2022.
City of Patterson’s Lifeguard Academy is a course that follows the American Red Cross life guarding curriculum, takes place in February and march to prepare for the Spring/ Summer Aquatic Season. Participants will be provided with a Lifeguard Manual, and a CPR training Mask. Successful completion of Lifeguard Academy will result in participants obtaining First Aid, CPR & AED for the Professional Rescuer Certificates and Life Guarding Certificates. Program is for youth aged 15 years and older.
Jr. Warrior basketball is currently underway, the program has a great turn out of participants. We have a total of 208 participants registered. The season is currently about a halfway through. The league has also helped staff to market for our upcoming sports seasons.
Youth Track registration is finishing up. Currently we have 25 participants and will be partnering with the Patterson High Track team to oversee this program. The track team members will volunteer to aid the participants in the proper fundamentals of track and field events. 49er PREP youth flag football registration has begun. This is a free flag football program offered in partnership with the San Francisco 49ers.
Our internship partnership with Stanislaus State continues with this semesters volunteer intern has been assigned to the recreation department. Her project will be to aid us with supplying services for special needs youth in the Patterson area. Staff will be meeting to discuss the best way to offer these services, as well as potential partners and resources to make this a successful event.
Hammon Senior Center
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Attachment: Department Monthly Reports - February (Monthly Department Reports) 2 WE ARE LOOKING FOR COMMITTEE MEMBERS TO JOIN
FARM TO FORK TEAM
Are you interested in helping plan the 2022 Farm to Fork Dinner Fundraiser? We are looking for people interested being on the planning committee for the return of this annual scholarship event.
The funds that are raised, provides recreation scholarship for youth to participate in recreation activities in Patterson. If interested, you can call 209.895.8080 or email [email protected].
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Attachment: Department Monthly Reports - February (Monthly Department Reports) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, Deputy City Clerk
MEETING DATE: March 15, 2022
ITEM NO: 5.5
SUBJECT: Approve City Commission Reports for the Month of February 2022 (Parks Recreation & Beautification Commission)
RECOMMENDATION
Approve City Commission Reports for the Month of February 2022 (Parks Recreation & Beautification Commission)
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February 2022
Parks, Recreation & Beautification
Commission
Monthly Report
The following information is provided as an update regarding the Parks, Recreation & Beautification Commission meeting activities during the month of December and updates for previously approved projects.
Parks, Recreation & Beautification Commission meetings are held on the 3rd Wednesday of every month at 5:00 pm in the City Hall Council Chambers 5-Member Commission
Commissioner Jacqueline Sudduth Term: May 2020-2022
Commissioner Carolyn Cooper Term: May 2020-2022
Commissioner Oscar Roman Term: May 2021-2023
Commissioner Tahmirah Hamed Term: May 2021-2023
Commissioner Gabriela Hernandez Term: May 2021-2023
Parks & Recreation & Beautification Commission Meeting:
On January 19, 2021, the Parks, Recreation & Beautification Commission was cancelled due to lack of quorum. The agenda items are listed below.
1. Commission Logo Ideas
Agendas & Minutes can be located on the city website under the agenda center.
The next regular meeting will be scheduled for February 16, 2022.
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Attachment: February 2022 Parks Rec Report (City Commission Reports) City of Patterson
Parks, Recreation & Beautilication Commission Minutes
Regular Meeting of February 16,2022
l. Call to Order
Chairperson Gabriela Hemandez called the Regular Meeting of the Parks, Recreation & Beautification Commission of the City of Patterson to order at the City Hall Zoom Meeting at 5: l5 P.M.
Prescnt: Commissioners: Gabriela Hemandez, Oscar Roman, & Tahmirah Hamed
City Staff: Deputy Director Robert Andrade, Public Works Secretary Mayra Mandujano, Recreation & Community Services Administrative Service Manager Diana Hemandez
Absent : Commissionner Carolyn Cooper, Jacquelyn Sudduth Public : Council Member Shivaugn Alves
2. Statement of Conflict: None
Items from the Public:
3. Consent Agenda
3.1 Approval of November 17,,2021, Minutes
Commissioner Tahmirah made a motion to approve November I 7, 2021 , minutes The motion was seconded by commissioner Roman and approved on a 3-0 vote.
4. Agenda ltems
,l.l Fundraiscr Event Discussion
Council Member Shivaugn Alves announced the Love Patterson Event she will be holding on April 30th 2022, she went over what the event entails to the Parks Recreation & Beautification Commission and if they would also like to support the event as commissioners or as individuals.
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Attachment: February 2022 Parks Rec Report (City Commission Reports)
4.2 Commissioner Logo Ideas
The commission was in consensus with tabling until the next meeting.
5. ltems from Committee Members
6. Adjournment
With there being no further business, the City of Patterson Parks, Recreation and Beautification Commission Meeting adjoumed at 5:35 p.m.
Mayra Manduj ano
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Attachment: February 2022 Parks Rec Report (City Commission Reports) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: March 15, 2022
ITEM NO: 5.6
SUBJECT: Approve Resolution No. 2022-08, Accepting as complete the Las Palmas Ave Overlay Project; Authorize Staff to File the Notice of Completion and Commence the Warranty Period; and Approve the requested Budget Adjustment.
RECOMMENDATION
Motion to Approve Resolution No. 2022-08, Accepting as complete the Las Palmas Ave Overlay Project; Authorize Staff to File the Notice of Completion and Commence the Warranty Period; and Approve the requested Budget Adjustment.
BACKGROUND
The purpose of this project was to maintain and improve roadway safety within the City of Patterson. The work consisted of excavating areas of pavement that were severely damaged and reconstructing them with full pavement overlay. Rubberized recycled asphalt materials were utilized on the pavement. The improvements included the reconstruction of curb ramps and crosswalks to meet current Americans with Disabilities Act (ADA) standards, replacement of existing storm drainpipes and inlets, existing detector loops and the adjustment of existing manholes and valve covers to finished grade. This project also included existing infrastructure improvements to the City sewer and water systems.
ANALYSIS
Once the project is accepted by the City Council as complete, the Warranty Period will begin, and the Notice of Completion will be recorded. There will be a one-year warranty on all project components and a three-year warranty on the rubberized asphalt part of the project. During construction it was discovered that the required improvements to the existing water system were
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more extensive than originally thought. There were broken valves that needed to be replaced and some additional water services added. All the improvements to the water system were vital to maintain the integrity of the system.
FISCAL IMPACT
Due to the required extra work on the city water system, City Staff is requesting a budget adjustment of $159,104.66 from fund 611 Water Funds.
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1 1 RESOLUTION NO. 2022-08
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, 4 ACCEPTING THE LAS PALMAS OVERLAY PROJECT: LOCATED ALONG LAS 5 PALMAS AVENUE FROM HIGHWAY 33 TO THE EAST END OF CITY LIMITS, 6 AUTHORIZING STAFF TO FILE TE NOTICE OF COMPLETION
7 8 WHEREAS, the Contractor, “United Pavement Maintenance, Inc..” has 9 completed all work for the Las Palmas Overlay Project: located along Las Palmas 10 Avenue from Highway 33 to the east end of the City limits in accordance with the 11 contract requirements and plans and specifications; and 12 WHEREAS, the City has inspected the work and recommends that the project be 13 accepted as complete.
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 15 Patterson that it hereby accepts the project as complete, directs the City Clerk of the 16 City of Patterson to file the Notice of Completion on behalf of the City of Patterson and 17 release the Final Retention Payment for the project. 18 The foregoing resolution was passed by the City Council at a regular meeting 19 held on March 15, 2022, by _____ , who moved its adoption, which motion was duly 20 seconded by _______, and the resolution adopted by the following roll call vote:
21 AYES:
22 NOES:
23 EXCUSED:
24 25 APPROVED:
26 27
28 29
30 Dennis McCord, Mayor of the City of Patterson
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Attachment: Resolution No. 2022-08 - Las Palmas Overlay (Resolution No. 2022-08 Las Palmas Ave Overlay Project) 2 1
2 ATTEST:
3 4
5 __________________________________________
6 Aracely Alegre, City Clerk of the City of Patterson
7 8
9 10
11 12
13 14
15 16 I hereby certify that the foregoing is a full, correct and true copy of a resolution 17 passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15 th 18 day of
19 March 2022, and I further certify that said resolution is in full force and effect and has 20 never been rescinded or modified.
21 22 DATED:
23 24 ___________________________________
25 City Clerk of the City of Patterson
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Attachment: Resolution No. 2022-08 - Las Palmas Overlay (Resolution No. 2022-08 Las Palmas Ave Overlay Project) Recording Requested By:
CITY OF PATTERSON
When Recorded Mail To:
City Clerk’s Office
City of Patterson
P.O. Box 667
Patterson, CA 95363
SPACE ABOVE THIS LINE FOR RECORDER’S USE
CITY OF PATTERSON
NOTICE OF COMPLETION
(Resolution Attached)
Notice is hereby given that:
1. The undersigned is a representative of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is the City of Patterson.
3. The full address of the owner is 1 Plaza, Patterson, CA 95363.
4. The nature of the title of the owner is In Fee.
5. A work of improvement on the property hereinafter described was completed on March 1, 2022.
6. The name of the contractor, for such work of improvement was United Pavement Maintenance, Inc.
7. The nature of the work of improvement was the Las Palmas Overlay Project: Located along Las Palmas Avenue between Highway 33 and the east end of the City limits.
8. The property on which said work of improvement was completed is in the City of Patterson, County of Stanislaus, State of California, and is described as follows: rehabilitation of pavement utilizing rubberized recycled asphalt materials, reconstruction of curb ramps and crosswalks to meet current ADA standards, etc.
9. The street address of said property is Located along Las Palmas Avenue between Highway 33 and the east end of the City limits.
I, Fernando Ulloa, declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct.
Signing on behalf of City of Patterson
Dated: ____________ By
Fernando Ulloa, City Engineer
VERIFICATION:
I, Fernando Ulloa , the undersigned, declare under penalty, under the laws of the State of California that I am the owner, or agent to the owner, of the interest or estate in the property described in the above notice; that I have read the notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Executed on _____________________, at Patterson, California. (date)
Signing on behalf of City of Patterson
Fernando Ulloa, City Engineer, City of Patterson
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Attachment: NOC - Las Palmas Overlay (Resolution No. 2022-08 Las Palmas Ave Overlay Project) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: March 15, 2022
ITEM NO: 5.7
SUBJECT: Accept all bids for the Water Quality Control Facility Administration Building (WQCF) Project, award construction to Bobo Construction INC., authorize Staff to execute the Contract and approve the required budget adjustment.
RECOMMENDATION
Accept all bids for the Water Quality Control Facility Administration Building (WQCF) Project, award construction to Bobo Construction INC., authorize Staff to execute the Contract and approve the required budget adjustment.
BACKGROUND
This project consists of a new, LEED Certified, 3,270 square foot, ground-up one-story woodframed Administration Building with a laboratory, offices, restrooms, lockers, parking (covered and uncovered), security gates and fencing, and landscaping The construction site is located at the City’s Water Quality Control Facility (WQCF) at 14901 Poplar Avenue, Patterson, California.
ANALYSIS
The Water Quality Control Facility Administration Building (WQCF) Project design was completed in July 2020 and was subsequently advertised for construction. This project was first advertised for construction in the summer of 2020. The bids were taken to City Council and rejected based on the cost of the project. The City readvertised for a second time in March 2021.
Unfortunately, the two bids received were deemed as non-responsive by the State due to the bid proposal paperwork that was submitted. These bids were also taken to City Council and
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subsequently rejected.
This Project was advertised for a third time in December 2021.
FISCAL IMPACT
This advertisement was listed on CIP List, the City’s website, the Patterson Irrigator Newspaper, the Turlock Journal Newspaper and the Modesto Bee Newspaper. Bid opening was January 19, 2022. The City received four bids for this project as follows:
Bobo Construction, Inc. $2,926,300.00
Simile Construction Service Inc. $3,472,604.40
Harris Builders, Inc. $3,507,011.00
Saboo, Inc. $3,665,950.00
After reviewing the bid documents, Bobo Construction, Inc., was deemed the lowest responsible bidder.
Funding for this Project is as follows:
$2,926,300.00 Construction Funding
$292,630.00 Contingency @ 10%
$401,070.00 Construction Management @ 13.7%
$100,000.00 Non-Contract improvements (furnishings, security, etc) $3,720,000.00 Total Construction Costs
Budget for this project is as follows:
$2,100,000.00 SRF Loan
$520,000.00 SRF Loan Forgiveness
$1,000,000.00 CFD 2005-1 Business Park Bond Proceeds
$100,000.00 Sewer O&M Funds
$3,720,000.00 Total Funds Available
If approved the budget will be adjusted as shown above.
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City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Joel Andrews, City Planner
MEETING DATE: March 15, 2022
ITEM NO: 5.8
SUBJECT: Approve Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC.
RECOMMENDATION
Motion to Approve Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC.
BACKGROUND
Some time ago, City staff was approached by representatives from New Cingular Wireless PCS, who indicated that they had a gap in wireless coverage in the vicinity of the Aquatic Center and Centennial Park. City property in those areas seemed to be the best location to accommodate such a tower. After some review, it was determined that Centennial Park would be the most agreeable location for such a tower.
The project is an unmanned wireless facility, consisting of an 84.9’ tall decorative bell tower, an 8’ x 8’ pre-cast concrete shelter, and a 30 KW generator, enclosed by a solid wall. The project would be located on the east side of Ward Avenue, approximately 500 feet north of the intersection of West Las Palmas Avenue, APN 048-048-010. The facility would be located near the southwest corner of the noted lot, on a 900 square foot area. An access easement would be extended from Ward Avenue to provide all-weather access to the site.
To conceal antennas and equipment as much as possible, the Municipal Code requires that all equipment shall be obscured from view or disguised, so as not to appear as telecommunication equipment. The City typically pursues towers disguised as palm trees, related to this requirement, however, in this instance, such a “mono-palm” was determined to look out of place at the desired location. The proposed project includes a tower disguised as a decorative bell
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tower, and a solid wall to screen the ground equipment from view. The bell tower design was selected to blend with the proposed architecture found in the community generally, and with the planned Centennial Park proposal specifically. The bell would be for aesthetic purposes only and would not be used to generate sound.
To further reduce the potential aesthetic impact of cell towers on the skyline, co-location, or the placement of additional equipment on existing towers is encouraged through a staff level approval process. The proposed project includes space allowing for such co-location.
The Planning Commission reviewed the project at the January 13, 2022 meeting and approved the project with a unanimous vote.
Because the project would require the lease of City land, a draft agreement has been prepared.
FISCAL IMPACT
Monthly payment of rent to the City in the amount of $1,500 per month with annual increases.
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AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL Market: Northern California
Cell Site Number: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset Number: 14758136
OPTION AND LAND LEASE AGREEMENT
THIS OPTION AND LAND LEASE AGREEMENT (“Agreement”), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by the City of Patterson, a California municipal corporation, having a mailing address of c/o City Hall, Attn: City Manager, P.O. Box 667, Patterson, CA (“Landlord”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd. NE, 3
rd Floor, Atlanta, GA 30319 (“Tenant”).
BACKGROUND
Landlord owns that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, having a common street address of 15421 North 9th Street, located in the City of Patterson, County of Stanislaus, State of California 95363 [APN: 048-048-010- 000] (collectively, the “Property”). Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement.
The parties agree as follows:
1. OPTION TO LEASE.
(a) Landlord grants to Tenant an exclusive option (the “Option”) to lease (i) a certain portion of the Property containing approximately nine hundred (900) square feet including the air space above such ground space, as described on attached Exhibit 1, together with (ii) the areas as described and depicted on attached Exhibit 1 where the swing of those certain access gates may encroach into the Property (collectively, the “Premises”), for the placement of a Communication Facility in accordance with the terms of this Agreement.
(b) During the Option Term, and during the Term, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property (collectively, the “Tests”), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant’s sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the “Government Approvals”), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant’s sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord’s title to the Property and the feasibility or suitability of the Property for Tenant’s Permitted Use, all at Tenant’s expense. Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant’s inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Option Term, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 2 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of Five Hundred and No/100 Dollars ($500.00) within thirty (30) business days after the Effective Date.
The Option may be exercised during an initial term of one (1) year commencing on the Effective Date (the “Initial Option Term”) which term may be renewed by Tenant for an additional one (1) year (the “Renewal Option Term”) upon notification to Landlord and the payment of an additional Five Hundred and No/100 Dollars ($500.00) prior to the expiration date of the Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the “Option Term.” (d) The Option may be sold, assigned or transferred (each, a “Transfer”) at any time by Tenant without Landlord’s consent only to an Affiliate (as defined in Section 24(i) below) of Tenant. Tenant may not otherwise Transfer the Option without the prior written consent of Landlord, which shall not be unreasonably withheld. Upon the effective date of a Transfer of the Option by Tenant to an Affiliate of Tenant, or to any other transferee with the written approval from Landlord of such Transfer, and written notification from Tenant to Landlord of any such Transfer, Tenant shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action.
(e) During the Option Term, Tenant may exercise the Option by notifying Landlord in writing. If Tenant exercises the Option, then Landlord leases the Premises to Tenant subject to the terms and conditions of this Agreement. If Tenant does not exercise the Option during the Option Term or any extension thereof, then this Agreement will terminate, and the parties will have no further liability to each other. (f) If during the Option Term, or during the Term if the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises, the Property or any of Landlord’s contiguous, adjoining or surrounding property (the “Surrounding Property”), or in the event of a threatened foreclosure on any of the foregoing, Landlord shall immediately notify Tenant in writing. Landlord agrees that during the Option Term, or during the Term if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, the Property or the Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Tenant from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable.
2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure (“Structure”), associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (the “Communication Facility”), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the “Permitted Use”). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant’s Permitted Use. If Exhibit 1 includes zoning drawings of the initial installation of the Communication Facility, Landlord’s execution of this Agreement will signify Landlord’s approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of the Surrounding Property as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet, install a generator and to make other improvements, alterations, upgrades or additions appropriate for Tenant’s Permitted Use, including the right to construct a fence around the Premises or equipment, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably required by Tenant’s safety procedures or applicable law, and undertake any other appropriate
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 3 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL means to secure the Premises or equipment at Tenant’s expense, subject to all applicable Laws (as defined in Section 24(d) below) for such installation and operation activity. Tenant has the right to modify, supplement, replace, upgrade, expand the Communication Facility (including, for example, increasing the number of antennas or adding microwave dishes) or relocate the Communication Facility within the Premises at any time during the Term. Tenant will be allowed to make such alterations to the Property in order to ensure that the Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the “Additional Premises”) for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then-current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant.
3. TERM.
(a) The initial lease term will be five (5) years (the “Initial Term”), commencing on the effective date of written notification by Tenant to Landlord of Tenant’s exercise of the Option (the “Term Commencement Date”). The Initial Term will terminate on the fifth (5th) anniversary of the Term Commencement Date.
(b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each additional five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions set forth herein unless Tenant notifies Landlord in writing of Tenant’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or the then-existing Extension Term. (c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party hereto by giving to the other party hereto written notice of its intention to so terminate at least four (4) months prior to the end of any such Annual Term. Monthly rent during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement, then Tenant will be deemed to be occupying the Premises on a month-to-month basis (the “Holdover Term”), subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the “Term.”
4. RENT.
(a) Commencing on the first day of the month following the date that Tenant commences construction (the “Rent Commencement Date”), Tenant will pay Landlord on or before the fifth (5th) day of each calendar month in advance, One Thousand Five Hundred and No/100 Dollars ($1,500.00) (the “Rent”), at the address set forth above. In any partial month occurring after the Rent Commencement Date, the Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within fortyfive (45) days after the Rent Commencement Date. (b) Upon each anniversary of the Rent Commencement Date during the Initial Term and each Extension Term exercised, the monthly Rent will increase by two percent (2%) over the Rent paid during the previous year.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 4 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement.
5. APPROVALS.
(a) Landlord agrees that Tenant’s ability to use the Premises is contingent upon the suitability of the Premises and Property for the Permitted Use and Tenant’s ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for the Permitted Use and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Tenant may also perform and obtain, at Tenant’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant’s use of the Premises will be compatible with Tenant’s engineering specifications, system, design, operations or Government Approvals.
6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable;
(c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses;
(d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or
(e) by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement, including the following: Section 5 Approvals, Section 6(a) Termination, Section 6(b) Termination, Section 6(c) Termination, Section 6(d) Termination, Section 11(d) Environmental, Section 18 Condemnation or Section 19 Casualty.
7. INSURANCE. During the Option Term and throughout the Term, Tenant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. The general aggregate limit shall be twice the required occurrence limit. Tenant’s commercial general liability policies shall be primary and shall not seek contribution from the Landlord’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Landlord and its officers, officials, employees, and agents shall be additional insureds under such policies as respects this Agreement. Notwithstanding the foregoing, Tenant may, in its sole discretion, self-insure any of the required insurance under the same terms as required by this Agreement.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 5 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL
8. INTERFERENCE.
(a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twentyfour (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected.
(d) For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility.
9. INDEMNIFICATION.
(a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability, costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant’s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, invitees, agents or independent contractors.
(b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability, costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the actions or failure to act of Landlord, its employees, invitees, agents or independent contractors, or Landlord’s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors.
(c) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 9 and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.
10. WARRANTIES.
(a) Each of Tenant and Landlord (to the extent not a natural person) each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power, and authority or capacity, as applicable, to enter into this Agreement and bind itself hereto through the party or individual set forth as signatory for the party below.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 6 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (b) Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant’s Permitted Use and enjoyment of the Premises under this Agreement; (iii) Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises in accordance with the terms of this Agreement without hindrance or ejection by any persons lawfully claiming under Landlord; (iv) during the Term of the Agreement, Landlord shall not require Tenant to relocate or move any portion of the Structure or Communication Facility once Tenant has completed its installation, subject to an act, event, or circumstance beyond Landlord’s reasonable control, including but not limited to an act of God, or changes or enactments of any applicable federal or state laws that impact or affect Tenant’s use of the Premises; (v) Landlord’s execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (vi) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Landlord will provide promptly to Tenant a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest.
11. ENVIRONMENTAL.
(a) Landlord represents and warrants, except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property, as of the Effective Date, is free of hazardous substances, including asbestoscontaining materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property.
(b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (“Claims”), to the extent arising from that party’s breach of its obligations or representations under Section 11(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. (c) The indemnification provisions contained in this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any cleanup, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 7 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL
12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access (“Access”) to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. Notwithstanding the foregoing, Tenant shall Access the Premises only during ordinary business hours (8:00 a.m. – 5:00 p.m., Monday through Friday) (“Business Hours”) for construction and regular maintenance and repairs; provided, however, that Tenant shall have twenty-four (24) hours a day, seven (7) days a week Access to the Premises for unscheduled repairs and other emergency purposes, which shall be deemed to include any outage or failure of the Communication Facility. In the event Tenant needs emergency Access to the Premises outside of Business Hours, Tenant will give Landlord notice of such emergency Access as soon as practicable in light of the emergency circumstances. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access at no additional cost to Tenant. Upon Tenant’s request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon Tenant’s request, Landlord shall execute additional letters during the Term. If Tenant elects to utilize an Unmanned Aircraft System (“UAS”) in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at a Property, Landlord hereby grants Tenant, or any UAS operator acting on Tenant’s behalf, express permission to fly over the applicable Property and Premises in compliance with all applicable Laws, and consents to the use of audio and video navigation and recording in connection with the use of the UAS in compliance with all applicable Laws. Landlord acknowledges that in the event Tenant cannot obtain Access to the Premises, Tenant shall incur significant damage. If Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty, $500 per day in consideration of Tenant’s damages until Landlord cures such default. Landlord and Tenant agree that Tenant’s damages in the event of a denial of Access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages.
13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant’s option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant’s removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Tenant’s operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation.
14. MAINTENANCE/UTILITIES.
(a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 8 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to sub-meter from Landlord. When sub-metering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Tenant shall reimburse Landlord for such utility usage at the same rate charged to Landlord by the utility service provider. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within sixty (60) days of receipt of the usage data and required forms. Landlord shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Tenant’s reimbursement obligations hereunder. Within fifteen (15) days after a request from Tenant, Landlord shall provide copies of such utility billing records to the Tenant in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Tenant, Tenant shall have the right to deduct the amount of such overpayment from any monies due to Landlord from Tenant.
(c) As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
(d) Tenant will have the right to install utilities, at Tenant’s expense, and to improve present utilities on the Property and the Premises. Landlord hereby grants to any service company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.
15. DEFAULT AND RIGHT TO CURE.
(a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) nonpayment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Landlord of such failure to pay; or (ii) Tenant’s failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, then Landlord will have the right to exercise any and all rights and remedies available to it under law and equity.
(b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord’s failure to provide Access to the Premises as required by Section 12 within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 within twenty-four (24) hours after written notice of such failure; or (iii) Landlord’s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five (45) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period,
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 9 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL Tenant will have: (1) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (2) any and all other rights available to it under law and equity.
16. ASSIGNMENT/SUBLEASE. Tenant has the right to Transfer this Agreement, in whole or in part, without Landlord’s consent only to (i) an Affiliate of Tenant, or (ii) any entity that acquires all or substantially all of Tenant’s assets located in the market, as defined by the Federal Communications Commission, in which the Property is located. Tenant also has the right to sublease or license the Premises, in whole or in part, without Landlord’s consent only to an Affiliate of Tenant. Tenant shall not otherwise have the right to Transfer this Agreement, or sublease or license the Premises and its rights herein, in whole or in part, without Landlord’s written consent. Landlord’s consent shall not unreasonably be withheld. Upon (1) notification to Landlord of a Transfer of the Agreement for which Landlord’s consent is not required pursuant to this Section 16, or (2) Landlord’s consent to a Transfer of the Agreement for which Landlord’s consent is required pursuant to this Section 16, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment.
17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties hereto as follows:
If to Tenant: New Cingular Wireless PCS, LLC
Attn: Tower Asset Group – Lease Administration
Re: Cell Site No.: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset No.: 14758136
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn: Legal Dept – Network Operations
Re: Cell Site No.: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset No.: 14758136
208 S. Akard Street
Dallas, TX 75202-4206
The copy sent to Tenant’s Legal Department is an administrative step which alone does not constitute legal notice.
If to Landlord: City of Patterson
c/o City Hall
Attn: City Manager
P.O. Box 667
Patterson, CA 95363
With a copy to: Churchwell White, LLP
Attn: Douglas L. White, Esq.
1414 K Street, 3rd Floor
Sacramento, CA 95814
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 10 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein.
18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within twenty-four (24) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a pro rata basis.
19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within forty-eight (48) hours of the casualty or other harm. If any part of the Communication Facility or the Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant’s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a pro rata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed.
If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section 19, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property.
20. WAIVER OF LANDLORD’S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Communication Facility from time to time in Tenant’s sole discretion and without Landlord’s consent.
21. TAXES.
(a) Landlord shall be responsible for (i) all taxes and assessments levied upon the lands, improvements and other property of Landlord including any such taxes that may be calculated by a taxing authority using any method, including the income method, (ii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement, and (iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Landlord. Tenant shall be responsible for (y) any taxes and assessments attributable to and levied upon Tenant’s leasehold improvements on the Premises if and as set forth in this Section 21 and (z) all sales, use,
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 11 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with an assignment of this Agreement or sublease by Tenant. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord. (b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant’s leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Tenant in a timely manner and Tenant’s rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Tenant for any increased costs directly resulting from the delay and Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant’s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty (30) days after Landlord’s payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord.
(c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant’s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant’s intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless required by applicable law. (d) Landlord shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant. (e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b).
(f) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17.
Promptly after the Effective Date, Landlord shall provide the following address to the taxing authority for the authority’s use in the event the authority needs to communicate with Tenant. In the event that Tenant’s tax address changes by notice to Landlord, Landlord shall be required to provide Tenant’s new tax address to the taxing authority or authorities.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 12 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL New Cingular Wireless PCS, LLC
Attn: Tower Asset Group – Taxes
Re: Cell Site No.: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset No.: 14758136
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, GA 30319
(g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party.
22. SALE OF PROPERTY.
(a) Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement during the Term of the Agreement; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Agreement, including Landlord’s obligation to cooperate with Tenant as provided hereunder. (b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or the Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the documents listed below in this Section 2222(b) to Tenant. Until Tenant receives all such documents, Tenant’s failure to make payments under this Agreement shall not be an event of default and Tenant reserves the right to hold payments due under this Agreement. i. Old deed to Property
ii. New deed to Property
iii. Bill of Sale or Transfer
iv. Copy of current Tax Bill
v. New IRS Form W-9 & CA FTB Form 590
vi. Completed and Signed Tenant Payment Direction Form
vii. Full contact information for new Landlord including phone number(s) (c) Landlord agrees not to sell, lease or use any areas of the Property or the Surrounding Property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance would interfere with Tenant’s Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord’s prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communication facility or equipment. (d) The provisions of this Section 22 shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 13 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL
23. RIGHT OF FIRST REFUSAL. Notwithstanding the provisions contained in Section 22, if at any time after the Effective Date, Landlord receives a bona fide written offer from a third party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property interest in or related to the Premises, including without limitation any offer seeking an assignment or transfer of the Rent payments associated with this Agreement or an offer to purchase an easement with respect to the Premises (“Offer”), Landlord shall immediately furnish Tenant with a copy of the Offer. Tenant shall have the right within ninety (90) days after it receives such copy to match the financial terms of the Offer and agree in writing to match such terms of the Offer. Such writing shall be in the form of a contract substantially similar to the Offer but Tenant may assign its rights to a third party. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the ninety (90) day period, Landlord may sell, convey, assign or transfer such property interest in or related to the Premises pursuant to the Offer, subject to the terms of this Agreement. If Landlord attempts to sell, convey, assign or transfer such property interest in or related to the Premises without complying with this Section 23, the sale, conveyance, assignment or transfer shall be void.
Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section 23. Tenant’s failure to exercise the right of first refusal shall not be deemed a waiver of the rights contained in this Section 23 with respect to any future proposed conveyances as described herein.
24. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
(b) Memorandum of Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of Lease substantially in the form attached as Exhibit 24(b).
Either party may record this Memorandum of Lease at any time during the Option Term or the Term, as the case may be, in its absolute discretion. Thereafter during the Term, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease.
(c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.
(d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Tenant’s use of the Communication Facility on the Property. Landlord agrees to comply with all Laws relating to Landlord’s ownership and use of the Property and any improvements on the Property.
(e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates.
(g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 14 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term “including” will be interpreted to mean “including but not limited to”; (iii) whenever a party’s consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms “termination” or “expiration” are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate; and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired.
(i) Affiliates. All references to “Tenant” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise.
(j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive.
(k) Standard Payment Direction Form/W-9/FTB 590. As a condition precedent to payment, Landlord agrees to provide Tenant with a properly completed (i) Standard Payment Direction Form of Tenant; and (ii) IRS Form W-9 and CA FTB Form 590, or their respective tax form equivalents, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including any change in Landlord’s name or address.
(l) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart.
(m) Attorneys’ Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including reasonable attorneys’ fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY
LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL
BY JURY IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES.
(o) Incidental Fees. Unless specified in this Agreement, no unilateral fees or additional costs or expenses are to be applied by either party to the other party, including review of plans, structural analyses, consents, provision of documents or other communications between the parties.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 15 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (p) Further Acts. Upon request, Landlord will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Tenant may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and permitted use contemplated by this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the Effective Date.
“LANDLORD” “TENANT”
City of Patterson, New Cingular Wireless PCS, LLC,
a California municipal corporation a Delaware limited liability company By: By: AT&T Mobility Corporation
Name: Its: Manager
Its: City Manager
Date: By:
Name:
By: Its:
Name: Date:
Its: City Clerk
Date:
Approved as to Form:
By:
Name:
Its: City Attorney
Date:
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 1
DESCRIPTION OF PROPERTY AND PREMISES
to the Option and Land Lease Agreement dated as of _______________, 2021, by and between the City of Patterson, a California municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.
The Property is legally described as follows:
Real property in the City of Patterson, County of Stanislaus, State of California, described as follows:
PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FEBRUARY 14, 2003 IN BOOK 52 OF PARCEL MAPS, AT PAGE 06, STANISLAUS COUNTY RECORDS.
APN: 048-048-010-000
The Premises are described and/or depicted as follows:
[100% Zoning Drawings (rev 2) dated May 3, 2021, prepared by MST Architects, and consisting of twelve (12) pages, appear on following pages] Notes:
1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT.
2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES.
3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS.
4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 11
ENVIRONMENTAL DISCLOSURE
Landlord represents and warrants that the Property, as of the Effective Date, is free of hazardous substances except as follows:
1. None.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 12
STANDARD ACCESS LETTER
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of {This Letter Goes On Landlord's Letterhead}
[Insert Date]
Building Staff / Security Staff
[Landlord, Lessee, Licensee]
[Street Address]
[City, State, Zip]
Re: Authorized Access granted to New Cingular Wireless PCS, LLC (“AT&T”) Dear Building and Security Staff,
Please be advised that we have signed a lease with AT&T permitting AT&T to install, operate and maintain telecommunications equipment at the property. The terms of the lease grant AT&T and its representatives, employees, agents and subcontractors (“representatives”) 24 hour per day, 7 day per week access to the leased area.
To avoid impact on telephone service during the day, AT&T representatives may be seeking access to the property outside of normal business hours. AT&T representatives have been instructed to keep noise levels at a minimum during their visit.
Please grant the bearer of a copy of this letter access to the property and to leased area. Thank you for your assistance.
_______________________
Landlord Signature
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 24(b)
MEMORANDUM OF LEASE
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of Recording Requested By
& When Recorded Return To:
New Cingular Wireless PCS, LLC
Attn: Tower Asset Group – Lease Administration
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, GA 30319
APN: 021-070-002-000
(Space Above This Line For Recorder’s Use Only)
Cell Site No.: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset No.: 14758136
State: California
County: Stanislaus
MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this _____ day of _______________, 2021, by and between the City of Patterson, a California municipal corporation, having a mailing address of c/o City Hall, Attn: City Manager, P.O. Box 667, Patterson, CA (hereinafter called “Landlord”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd. NE, 3 rd Floor, Atlanta, GA
30319 (“Tenant”).
1. Landlord and Tenant entered into a certain Option and Land Lease Agreement dated as of _______________, 2021 (“Agreement”), for the purpose of installing, operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement.
2. The initial lease term will be five (5) years commencing on the effective date of written notification by Tenant to Landlord of Tenant’s exercise of its option, with four (4) successive automatic five (5) year options to renew.
3. The portion of the land being leased to Tenant and associated easements are described in Exhibit 1 annexed hereto.
4. The Agreement gives Tenant a right of first refusal in the event Landlord receives a bona fide written offer from a third party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property interest in or related to the Premises, including without limitation any offer seeking an assignment or transfer of the Rent payments associated with the Agreement or an offer to purchase an easement with respect to the Premises.
5. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 7 IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written.
“LANDLORD”
City of Patterson,
a California municipal corporation
By:
Name:
Its:
Date:
“TENANT”
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Name:
Its:
Date:
[ACKNOWLEDGMENTS APPEAR ON NEXT TWO (2) PAGES]
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of
LANDLORD ACKNOWLEDGMENT
State of California
County of _________________________________)
On ________________________________ before me, ________________________________________________, (insert name and title of the officer)
personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of
TENANT ACKNOWLEDGMENT
State of California
County of _________________________________)
On ________________________________ before me, ________________________________________________, (insert name and title of the officer)
personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 1 TO MEMORANDUM OF LEASE
DESCRIPTION OF PROPERTY AND PREMISES
to the Memorandum of Lease dated _______________, 2021, by and between the City of Patterson, a California municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.
The Property is legally described as follows:
Real property in the City of Patterson, County of Stanislaus, State of California, described as follows:
PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FEBRUARY 14, 2003 IN BOOK 52 OF PARCEL MAPS, AT PAGE 06, STANISLAUS COUNTY RECORDS.
APN: 048-048-010-000
The Premises are described and/or depicted as follows:
[One (1) Page Depiction of the Premises Suitable for Recording in Stanislaus County Appears on Following Page]
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Packet Pg. 147 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 148 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 149 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 150 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 151 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 152 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 153 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 154 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 155 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 156 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 157 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
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Packet Pg. 158 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)
5.8.b
Packet Pg. 159 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: March 15, 2022
ITEM NO: 5.9
SUBJECT: Approve Resolution No. 2022-09 Proclaiming Arbor Week during March 7-14, 2022 in the City of Patterson.
RECOMMENDATION
Motion to Approve Resolution No. 2022-09 Proclaiming Arbor Week during March 7-14, 2022 in the City of Patterson.
BACKGROUND
The City of Patterson and many other communities in California are working together to promote and support the importance of California Arbor Week. The City of Patterson understands the importance of trees and its goal to preserve as many trees as possible to obtain the benefits they supply such as reduced energy costs, increased property values, aesthetics, and clean air. The City of Patterson also obtained its Tree City USA status in 2016 through the Arbor Day Foundation with the assistance of the Cal-Fire Grant funds secured by the City. This is a nationwide movement that provides the framework necessary for communities to manage and expand their urban forest. This is achieved by meeting four (4) core standards of sound Urban Forestry Management; maintaining a tree department; having a community tree ordinance; and spending at least $2 per capita on Urban Forestry and celebrating Arbor Day.
Currently, the City has an Urban Forestry Division and Parks Division whose primary responsibility is to maintain and preserve over 13,066 street and park trees. However, it is important that the City expands its efforts to the community through education and public outreach.
ANALYSIS
5.9 Packet Pg. 160
Every year during March 7-14, Californians celebrate Arbor Week by planting and maintaining trees within their communities. California Arbor Week helps unite the community and help educate on the value trees provide to building successful, healthy cities, and neighborhoods.
Every year, the City holds various events for the students of all elementary schools. Food, activity stations, prizes, free giveaways, and educational tree plantings are held. However, for the last couple of years due to COVID-19 pandemic, the city has refrained from holding any events. Instead, the City will distribute educational materials to students so they can learn about the importance of trees.
We are hoping to continue to keep students engaged in these activities whenever possible.
Previous celebrations have involved groups such as the Girl and Boy Scouts of America, the Youth Action Commission, CAL FIRE, the Patterson Joint Unified School District and their after-school programs, City Council, and the Parks, Recreation, and Beautification Commission.
FISCAL IMPACT
Funds for this event will be obtained from various budgets approved for public outreach and education, which include Parks (100-710), Garbage (600-790), and Urban Forestry (100-781).
5.9 Packet Pg. 161
1 1 RESOLUTION NO. 2022-09
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 PROCLAIMING ARBOR WEEK DURING MARCH 7 – 14, 2022 IN THE CITY OF 5 PATTERSON
6 7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 8 Patterson as follows:
9 10 WHEREAS, Arbor Day is celebrated nationally to encourage Americans to maintain and 11 replenish our country’s vast forests, orchards, and woodlands; and 12 13 WHEREAS, In California, we also observe Arbor Day starting on the birthday of Luther 14 Burbank, a famed California horticulturalist whose life’s labor produced hundreds of plants and 15 trees that have contributed to the natural splendor and food production in our state; and 16 17 WHEREAS, California Arbor Week has the involvement of the City of Patterson; and 18 19 WHEREAS, the City of Patterson is improving our community by planting and 20 maintaining over 13,066 trees continues working to improve the quality of life in Patterson; and 21 22 WHEREAS, Trees are a valuable economic asset in our cities that help maintain or 23 increase property values and attract business and new residents in urban areas; and 24 25 WHEREAS, Trees play an important role in energy conservation by modifying 26 temperature extremes with shade and humidity, and are particularly important in reducing the 27 amount of energy consumed in heating and cooling buildings and homes; and 28 29 WHEREAS, Trees planted in urban areas play a significant role in meeting the state’s 30 greenhouse gas emission reduction targets by sequestering carbon as well as reducing energy 31 consumption; and
32 33 WHEREAS, Trees directly contribute to improving California’s air quality by reducing 34 air pollution by removing airborne particulates from the atmosphere and helping to purify the air; 35 and
36 37 WHEREAS, Trees play a significant role in protecting and purifying California’s limited 38 water resources by reducing surface runoff, contributing to storm water management activity and 39 protecting urban water resources; and
40 41 WHEREAS, Trees provide essential habitat for much of California’s wildlife, including 42 many listed, threatened, and endangered species; and 43 5.9.a
Packet Pg. 162 Attachment: Resolution No. 2022-09 Arbor Week March 7 - 14 2022 (Resolution No. 2022-09 Proclaiming Arbor Week) 2 1 WHEREAS, Trees enhance the aesthetic quality of life in urban communities by 2 providing a natural buffer for surface noise and natural recreational resource for California’s 3 children and at-risk youth;
4 5 THEREFORE, I Dennis McCord, Mayor of the City of Patterson, on behalf of the 6 City Council, do hereby proclaim March 7 through March 14, 2022 as California Arbor Week, 7 and urge all citizens to observe and celebrate the week by planting trees for our own benefit and 8 for the benefit of future generations.
9 10 The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 15
th
11 day of March 2022, by , who moved
12 its adoption, which motion was duly seconded by , and it was upon roll 13 call carried and the resolution adopted by the following roll call vote:
14 AYES:
15 NOES:
16 EXCUSED:
17 18
19 APPROVED:
20 21
22 _____________________________________
23 Dennis McCord, Mayor of the City of Patterson
24 ATTEST:
25 26
27 __________________________________________
28 Aracely Alegre, City Clerk of the City of Patterson
29 30
31 32
5.9.a
Packet Pg. 163 Attachment: Resolution No. 2022-09 Arbor Week March 7 - 14 2022 (Resolution No. 2022-09 Proclaiming Arbor Week) 3 1 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 2 the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15 th
3 day of March 2022 and I further certify
4 that said resolution is in full force and effect and has never been rescinded or modified. 5 DATED:
6 7 ___________________________________
8 City Clerk of the City of Patterson
9 5.9.a
Packet Pg. 164 Attachment: Resolution No. 2022-09 Arbor Week March 7 - 14 2022 (Resolution No. 2022-09 Proclaiming Arbor Week) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: March 15, 2022
ITEM NO: 5.10
SUBJECT: Adopt Resolution 2022-10, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
RECOMMENDATION
Motion to Adopt Resolution 2022-10, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
BACKGROUND
On September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Ralph M. Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders temporarily suspending provisions of the Brown Act. On September 20, 2021, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021. Over the past year, meetings of the City’s legislative bodies have been held with virtual teleconference components.
AB 361, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a local legislative body holds a meeting during a declared state of emergency by the governor and when state or local health officials have imposed or recommended measures to promote social distancing.
REASONS FOR RECOMMENDATION
5.10 Packet Pg. 165
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
As the Delta variant has surged in California, the Legislature has taken action to extend the COVID-19 exceptions to the Brown Act’s teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor, and state or local officials have imposed or recommended measures to promote social distancing.
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.
Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and
5.10 Packet Pg. 166
prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.
AB 361 also provides that if a local agency conducts teleconference meetings in reliance on AB 361, the local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
•The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exists: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. However, shortly after signing AB 361, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021.
FISCAL IMPACTS
There is no fiscal impact.
ENVIRONMENTAL:
Authorizing Teleconference Public Meetings is not a “project” under the California Environmental Quality Control Act. (Pub. Resources Code, § 21065.)
ALTERNATIVE ACTIONS
1. Adopt Resolution No. 2022-10;
2. Continue the item for later consideration of the City Council with direction to staff for additional analysis; or
3. Reject Resolution No. 2022-10
5.10 Packet Pg. 167
{CW108806.1}
RESOLUTION NO. 2022-10
A RESOLUTION OF THE CITY OF PATTERSON CITY COUNCIL
PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF PATTERSON PURSUANT TO ASSEMBLY
BILL 361 AND BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Patterson (the “City”) is committed to preserving public access and participation in meetings of the legislative bodies of the City; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361, amending Government Code section 54953, subdivision (e) to allow for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition for remote teleconferencing participation in meetings by members of a legislative body is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and
5.10.a
Packet Pg. 168 Attachment: Resolution No. 2022-10 AB361 (5th Approval Mar. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-10 AB 361 Zoom Via {CW108806.1}
WHEREAS, there has been a significant increase in COVID-19 cases in Stanislaus County due primarily to the Omicron variant of SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Omicron variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not later than 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) the state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.
NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF
PATTERSON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Stanislaus County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.
Section 3. Remote Teleconference Meetings. The legislative body and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public
5.10.a
Packet Pg. 169 Attachment: Resolution No. 2022-10 AB361 (5th Approval Mar. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-10 AB 361 Zoom Via {CW108806.1}
meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) November 18, 2021, or (ii) such time the City Council makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of the City of Patterson at a meeting of said City Council held on the 15
th day of March 2022, by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
____________________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
__________________________________________
Aracely Alegre
City Clerk of the City of Patterson
5.10.a
Packet Pg. 170 Attachment: Resolution No. 2022-10 AB361 (5th Approval Mar. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-10 AB 361 Zoom Via {CW108806.1}
I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15 th day of
March 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
City Clerk of the City of Patterson
5.10.a
Packet Pg. 171 Attachment: Resolution No. 2022-10 AB361 (5th Approval Mar. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-10 AB 361 Zoom Via City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: March 15, 2022
ITEM NO: 5.11
SUBJECT: Approve the Resolution Nos. 2022-11 and 2022-12 Declaring the City Council's Intention to Initiate Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for the Landscape Maintenance Districts (LMDs) and County Service Area (CSA) No. 15) for FY 2022/23.
RECOMMENDATION
Motion to Approve the Resolution Nos. 2022-11 and 2022-12 Declaring the City Council's Intention to Initiate Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for the Landscape Maintenance Districts (LMDs) and County Service Area (CSA) No. 15 for FY 2022/23.
BACKGROUND
LMDs and Benefit Assessment Districts (BADs) are special purpose districts established to fund specific maintenance activities. Properties within these districts receive a special benefit from the activities and are assessed an annual levy to fund those activities. The use of LMDs and BADs in Patterson dates back to the late 1980s. Most residential subdivisions built since then are required to establish an LMD and/or BAD.
Specifically, an LMD typically funds the on-going maintenance and repair of park equipment, structures, and landscaping. City street trees and sidewalk maintenance may also be included. A typical BAD funds the operation and maintenance of storm drain inlets, drainage lines, pump stations, and street lights. A BAD may also fund storm water management activities and limited street maintenance work. Included in the budgets for both LMDs and BADs is a city administrative charge to cover staff time spent preparing and administering the budgets and otherwise managing each district. The typical administrative fee is 15% of the annual operations
5.11 Packet Pg. 172
and maintenance budget.
The attached Resolutions do not cover the BADs since those districts do not require a Resolution Initiating Proceedings. The second Resolution is for County Service Area (CSA) No. 15, which covers the Villa del Lago commercial area. Since that project was initially developed outside the city limits, the maintenance district set-up was a County Service Area (CSA). In 2005, the City annexed the Villa Del Lago commercial area into the City limits and therefore took over the administration of the CSA. This district provides for maintenance of the signal light at Sperry Ave and Rogers Rd, the on-site storm drain basin and some street lighting.
The budget for each district is prepared and included in a document called the “Engineer’s Report”. This report and resolution declares the City's intention to initiate proceedings and direct the preparation of Engineer’s Reports applies to CSA No. 15 (Villa Del Lago) and the following Landscape Maintenance Districts:
LMDs
County Hollow Estates District
Kinshire Estates District
Patterson Estates I, III, IV District
Shirepark Estates District
Walnut Square Estates District
Heartland Ranch Landscape Maintenance District
Heartland Ranch Overlay Landscape Maintenance District
Miraggio Landscape Maintenance District
Sutter Pointe Landscape Maintenance District
Walker Ranch Landscape Maintenance District
Patterson Gardens Landscape Maintenance District
Keystone Pacific Business Park Landscape Maintenance District Keystone Pacific Business Park Landscape Maintenance District Annex No. 1 The next step in the process is for the preparation of the Engineer’s Reports for the LMDs, BADs, and CSA NO. 15. Once completed staff will bring those to Council for review and approval at the Intent Meeting scheduled for Tuesday, May 17, 2022. At that time Council will also establish the date and time for the Public Hearing, which is tentatively scheduled for Tuesday, June 21, 2022.
ANALYSIS
The reason for the assessments is to generate the revenue necessary to operate and maintain the facilities in each district.
FISCAL IMPACT
All costs associated with preparing the Engineer’s Reports, the annual levy and collection of assessments and advertising are charged to the respective Districts. There is no budget impact at this time.
5.11 Packet Pg. 173
RESOLUTION NO. 2022-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER’S REPORT FOR COUNTY SERVICE AREA NO. 15
WHEREAS, the City Council of the City of Patterson (“City Council”), has previously adopted Resolution No. 2005-62 on June 21, 2005 authorizing the City to take over administration of County Service Area No. 15 (“CSA No. 15”). Further, on February 8, 2005,the Stanislaus County Board of Supervisors and Stanislaus Local Agency Formation Commission approved the transfer of CSA No. 15 from Stanislaus County to the City of Patterson. CSA No. 15 was formed on November 7, 1995, by resolution of the Board of Supervisors pursuant to the terms of the Government Code §25210 et. seq.
WHEREAS, the City Council wishes to initiate proceedings to provide for the levy and collection of assessments for Fiscal Year 2022/23 in order to provide for the costs and expenses necessary to pay for the maintenance and operations within CSA No. 15; and,
WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy and to prepare and file a report in accordance with Government Code Section §25215.3.
NOW, THEREFORE IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
1. That the above recitals are all true and correct.
DECLARATION OF INTENTION
2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses to provide extended storm drainage to the Patterson Gateway development, and maintain the traffic signals at the Sperry Road/Rogers Road intersection for CSA No. 15. Street maintenance services will also be provided.
ENGINEER’S REPORT
3. The City Council hereby orders NBS to prepare and file a report containing a description of each parcel of real property receiving the particular extended service and the amount of the assessment for each parcel be prepared once a year and filed with the City Clerk in accordance with Government Code §25210.77(A).
FISCAL YEAR
4. That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.
5.11.a
Packet Pg. 174 Attachment: Resolution No. 2022-11 Patterson CSA FY22-23 3-15-22 (Approve Resolutions Nos. 2022-11 and 2022-12 to Initiate Proceedings The foregoing resolution was passed by the City Council at a regular meeting held on the 15th day of March, 2022, and the resolution adopted by the following vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Denis McCord
Mayor City of Patterson
ATTEST:
_____________________________
Aracely Alegre
City Clerk
I do hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of said City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15th day of March, 2022 and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
City Clerk of the City of Patterson
5.11.a
Packet Pg. 175 Attachment: Resolution No. 2022-11 Patterson CSA FY22-23 3-15-22 (Approve Resolutions Nos. 2022-11 and 2022-12 to Initiate Proceedings RESOLUTION NO. 2022-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER’S REPORT FOR SPECIAL MAINTENANCE ASSESSMENT DISTRICTS WHEREAS, the City Council of the City of Patterson (the “City Council”) pursuant to the terms of the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”), previously formed the special maintenance assessment districts known and designated as follows:
Country Hollow Estates Landscape and Lighting Maintenance District Kinshire Estates District Landscape and Lighting Maintenance District Patterson Estates I, III, and IV Landscape and Lighting Maintenance District Shirepark Estates Landscape and Lighting Maintenance District Walnut Square Landscape and Lighting Maintenance District Heartland Ranch Landscape and Lighting Maintenance District Heartland Ranch Overlay Zone 1 Landscape and Lighting Maintenance District Miraggio Landscape and Lighting Maintenance District
Sutter Point Landscape and Lighting Maintenance District Walker Ranch Landscape and Lighting Maintenance District Patterson Gardens Landscape and Lighting Maintenance District Keystone Pacific Business Park Landscape and Lighting Maintenance District Keystone Pacific Business Park Landscape and Lighting Maintenance District Annexation 1 (the “Landscape and Lighting Maintenance Districts”); and, WHEREAS, the City Council wishes to initiate proceedings to provide for the levy of assessments for Fiscal Year 2022/23 in order to provide for the necessary costs and expenses pertaining to the maintenance of the improvements within the Landscape and Lighting Maintenance Districts; and, WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy and to prepare and file a report in accordance with the Act .
NOW, THEREFORE IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
1. The above recitals are true and correct.
DECLARATION OF INTENTION
2. The public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the installation, replacement, maintenance and/or servicing of the improvements within the Landscape and Lighting Maintenance Districts. No new improvements or substantial changes to the existing improvements are being proposed at this time.
ENGINEER’S REPORT
3. The City Council hereby orders NBS to prepare an Engineer’s Report regarding the Landscape and Lighting Maintenance Districts containing the following information:
A. The plans and specifications describing the general nature, location and extent of the improvements to be maintained.
5.11.b
Packet Pg. 176 Attachment: Resolution No. 2022-12 LMD FY 22-23 3-15-22 (Approve Resolutions Nos. 2022-11 and 2022-12 to Initiate Proceedings for LMDs, B. An estimate of cost of the maintenance and/or servicing of the improvements for the referenced fiscal year.
C. A diagram showing the areas and the properties proposed to be assessed.
D. An assessment of the estimated costs of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels in proportion to the benefits received.
NBS shall file the Engineer’s Report with the City Clerk of the City of Patterson, who shall then submit the Engineer’s Report to the City Council for immediate review and consideration.
FISCAL YEAR
4. The assessments relating to these proceedings will constitute the Landscape and Lighting Maintenance District revenues for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.
IMPROVEMENTS
5. There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Landscape and Lighting Maintenance Districts.
The foregoing resolution was adopted by the City Council at a regular meeting held on the 15th day of March, 2022 by the following vote:
AYES:
NOES:
EXCUSED:
APPROVED:
__________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
___________________________
Aracely Alegre
City Clerk of the City of Patterson
5.11.b
Packet Pg. 177 Attachment: Resolution No. 2022-12 LMD FY 22-23 3-15-22 (Approve Resolutions Nos. 2022-11 and 2022-12 to Initiate Proceedings for LMDs, I do hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15th day of March 2022 and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
___________________________
City Clerk of the City of Patterson
5.11.b
Packet Pg. 178 Attachment: Resolution No. 2022-12 LMD FY 22-23 3-15-22 (Approve Resolutions Nos. 2022-11 and 2022-12 to Initiate Proceedings for LMDs, City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: March 15, 2022
ITEM NO: 5.12
SUBJECT: Approve the Patterson Fire Fighters Association IAFF Local 4577 Memorandum of Understanding and Salary Schedule Effective July 1, 2021, through June 30, 2022
RECOMMENDATION
Motion to Approve the Patterson Fire Fighters Association IAFF Local 4577 Memorandum of Understanding (MOU) and Salary Schedule effective July 1, 2021, through June 30, 2022.
BACKGROUND
The City’s contract with the Fire Fighters Association expired on June 30, 2021. After several meetings over the past approximately ten months an Agreement regarding a Memorandum of Understanding (MOU) between the City and the Patterson Fire Fighters Association IAFF 4577 has been reached. The proposed MOU is now presented to City Council for approval and is the final step in the meet and confer process.
ANALYSIS
The following highlights the provisions agreed to by the negotiating parties with no budget impact:
· Twelve (12) month contract effective July 1, 2021, through June 30, 2022 · Total Compensation Study to be complete for 2022 negotiation period. · Language change to Out-of-Class Compensation; allows out-of-class pay for all hours out-of-class duties are performed
5.12 Packet Pg. 179
· Language change to Overtime; to include language from previous side letter agreement dated April 2021
The following highlights the provisions agreed to by the negotiating parties with budget impact:
· Three (3) % base salary increase effective July 1, 2021. · Seventy-Five Hundred Dollars ($7,500.00) one-time payment for service during Covid19 Pandemic.
5.12 Packet Pg. 180
FISCAL IMPACT
Fiscal Year 2021-2022 Annual Impact
Salary Benefits Covid SP Total General Fund Other Funds Total $ 45,138 $ 14,480 $ 135,000 $ 194,618 $ 109,071 $ 85,547 $ 194,618 IAFF Members Salary & Benefits
IAFF Members - All Classifications
5.12.a
Packet Pg. 181 Attachment: Fiscal Impact (MOU Fire Jul 2021-Jun 2022) 1 Memorandum of Understanding
Between
Patterson Fire Fighters Association
IAFF Local 4577
and
City of Patterson
July 1, 2021 – June 30, 2022
Approved by City Council on March 15, 2022
5.12.b
Packet Pg. 182 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 2 Table of Contents
1. TERM OF AGREEMENT............................................................................................................ 3
2. RECOGNITION............................................................................................................................ 3
3. MANAGEMENT RIGHTS........................................................................................................... 3
4. BARGAINING UNIT DEFINED ................................................................................................ 3
5. UNION SECURITY...................................................................................................................... 4
6. EMPLOYER-EMPLOYEE RELATIONS................................................................................... 4
7. SALARY/COMPENSATION...................................................................................................... 8
8. HEALTH AND WELFARE BENEFITS ..................................................................................18
9. RETIREMENT ............................................................................................................................23
10.WORK HOURS ..........................................................................................................................26
11.HOLIDAYS AND LEAVES........................................................................................................28
12.SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE .................................................31
13.FILLING VACANCIES...............................................................................................................34
14.PERFORMANCE EVALUATIONS..........................................................................................36
15.PROBATIONARY STATUS.....................................................................................................37
16. GRIEVANCE PROCEDURE/DEFINITIONS........................................................................38
17. DISCIPLINARY PROCEDURES.............................................................................................40
18.SENIORITY ................................................................................................................................44
19.LAYOFF PROCEDURE.............................................................................................................44
20. UNIFORM PROVISION...........................................................................................................46
21. TUITION REIMBURSEMENT ...............................................................................................48
22. OUTSIDE EMPLOYMENT......................................................................................................48
23. FAIR EMPLOYMENT PRACTICE .........................................................................................49
24. NON-DISCRIMINATION POLICY.........................................................................................49
25. SEVERABILITY ........................................................................................................................49
26. PAST PRACTICES....................................................................................................................49
5.12.b
Packet Pg. 183 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 3 MEMORANDUM OF UNDERSTANDING
between
THE CITY OF PATTERSON
and
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 4577 PATTERSON FIREFIGHTERS’ ASSOCIATION
1. TERM OF AGREEMENT
This Memorandum of Understanding (MOU) shall be in full force and effect for the one-year period commencing on July 1, 2021 and ending at midnight on June 30, 2022.
2. RECOGNITION
The City of Patterson (hereinafter "the City") recognizes IAFF Local 4577 (hereinafter "the Union") as the exclusive representative for labor relations purposes of all regular and probationary employees in the Fire Bargaining Unit.
3. MANAGEMENT RIGHTS
The City retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the City in all of its various aspects, including, but not limited to, the right to direct the working forces; to plan, direct and control all of the operations and services of the City; to determine the methods, means, and organizations by which such operations and services are to be conducted; to assign and transfer employees, to hire, promote, demote, suspend, discipline, discharge or relieve employees due to lack of work or other legitimate reasons; to change or eliminate existing methods, equipment or facilities; and to take such other action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.
The above enumeration of management rights is not inclusive and does not exclude other management rights not specified, nor shall the exercise or non-exercise of management rights retained by the City be construed to mean that any right is waived.
The City agrees in the exercise of the management functions to comply with the provisions of this Memorandum of Understanding, and that nothing herein shall relieve the City of its obligation to meet and confer with the Association over the impacts and effects of any proposed changes not addressed within this Memorandum of Understanding
4. BARGAINING UNIT DEFINED
The Fire Bargaining Unit includes the following classifications: Firefighter, Firefighter Paramedic, Engineer, Engineer-Paramedic, Captain, Captain Paramedic and Captain/Training Officer.
5.12.b
Packet Pg. 184 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 4 5. UNION SECURITY
Following receipt of notice from the International Association of Fire Fighters, Local 4577 Patterson Firefighters Association (PFA) that written authorization has been provided to the Union by members in the unit, the City shall deduct from the paychecks of employees, Union dues in the amount to be determined annually by the Union twice monthly for a maximum of twenty-four (24) deductions per year. The City shall provide a check or directly deposit said dues into a bank account designated by the Union within five (5) business days of each regular paycheck.
The Union, in consideration for and as a condition of the City withholding and transmitting payroll deductions will hold harmless the City of Patterson, its officers, and employees from any and all liability that may result from making, changing or canceling requested deductions.
Any questions regarding due or membership shall be directed to the Association.
Except by mutual agreement the City will notify the Association not less than ten (10) calendar days prior to a new employee orientation. The City will provide the Association with the opportunity to make a presentation of up to thirty (30) minutes during the new employee orientation and will provide the Association with employee information upon request. The parties agree that this complies with the Association’s rights under state law.
6. EMPLOYER-EMPLOYEE RELATIONS
A. Access to Personnel Files
Employees, or Union representatives with written permission from the employee, may inspect their individual personnel files upon request, in writing, to the Human Resources Manager, at reasonable intervals during regular business hours of the City.
Reasonable requests for copies of personnel files contents will be provided without cost to the requesting party. Employees will be notified if a member of the public requests information from the employee's file.
B. Access to Work Sites
The Union Business Agent may access City work sites, following reasonable notice to the City Manager, in order to observe working conditions, post materials on bulletin boards, or meet with employees regarding matters within the scope of representation.
Such access shall not disrupt or interfere with the operations of the City. The presence of the Business Agent on a job site shall not be considered a disruption when the Business Agent has given reasonable advance notice of his/her intent to be present.
C. Adding/Deleting Classifications
The City agrees to meet and confer with the Union prior to adding or deleting any job classification from the Fire Unit.
D. Confidential/Management Designation
The City agrees to meet and confer with the Union prior to establishing any represented position as confidential or management.
5.12.b
Packet Pg. 185 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 5 E. Contracting Out Work
The City agrees to meet and confer with the Union prior to contracting out any work normally performed by bargaining unit employees.
The City further agrees that work performed by employees of the bargaining unit will not be performed by non-bargaining unit employees if such work would displace a regular employee of the bargaining unit.
1. Exception: The Department recognizes the need to maintain staffing levels. In the event, all efforts to fill positions through normal means (recall procedures) have been exhausted the use of reserve firefighters may be used to maintain staffing levels.
2. Reserve firefighters may also be used to fill a position while the recall procedure is taking place.
F. Department Rules
All department guiding documents (Standard Operating Guidelines, Policies, Standard Operating Procedures, Memo’s, Memorandum of Understandings, etc.) shall be accessible to Union employees.
Pursuant to Government Code Sections 3503 and 3504, the Union shall have the right to represent its members in their employment relations with the City. The scope of the Union’s representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment.
Pursuant to Government Code Section 3500, no term or condition of employment will be changed in the future without meeting and conferring with the Union.
G. Purchasing Committee
The City and Association agree to add a sub-committee to the Labor Management Committee no later than July 1, 2019, which will be known as the Purchasing Committee. The Purchasing Committee shall meet to discuss any proposed station improvements and department purchases Regarding station equipment, PPE, and apparatus.
The Association understands that the City has the ultimate decision.
H. Union Stickers
All Patterson Fire Department apparatus and other vehicles shall display the IAFF three-inch (3”) window decal in the right lower corner of the windshield or similar location so as to be visible but not obscure the driver’s vision field in any way. It shall be the responsibility of the Union to provide and maintain the decals in a state of good condition at all times.
At the option of each employee in the Union, they may affix a two-inch (2”) IAFF gold reflective decal to the underside of the rear brim of their fire helmet. It shall be the responsibility of the Union to provide the decals to each employee.
5.12.b
Packet Pg. 186 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 6 I. Labor-Management Committee
1. There shall be a Labor-Management Committee consisting of three (3) representatives of the Union and three (3) representatives of the City. The purpose of the Committee is to facilitate improved labor-management relationships by providing a forum for the free discussion of mutual concerns and problems which may include discussion of the implementation of new department programs or modifications of existing department programs that will have an impact on work schedules or duties.
2. The Committee shall meet quarterly at mutually scheduled times, and at any other mutually scheduled times.
3. The Chairmanship of the Committee shall be rotated amongst the members. The members shall, in advance of a meeting, provide the Meeting's Chairman with proposed agenda items, and the Chairman shall provide the members with the meeting agenda in advance of the meeting.
4. Representatives of the Union on the Committee shall not lose pay or benefits for meetings mutually scheduled during their duty times.
5. The Committee may be supplemented by representative(s) of the City Manager if necessary.
6. The Committee may, if it deems proper, suggest recommendations to the Fire Chief and the City Manager for their consideration and determination.
7. The City will provide to the Committee the professional services of a secretary for the labormanagement process.
J. Job Stewards
The bargaining unit is authorized two job stewards, one of whom shall serve as alternate job steward, to act in the absence of the job steward. Job stewards shall be allowed to meet with an employee(s) on City time to receive and/or investigate alleged grievances or complaints. Such meetings and investigations shall be of reasonable length and not disrupt the operations of the City.
Investigations by the job steward shall not be considered a disruption if the job steward has notified and received approval from his/her immediate supervisor of his/her intent to conduct the investigation. Such approval shall not be unreasonably denied.
Job stewards shall be allowed, on City time, to represent an employee(s) before management at each step of the grievance procedure or when requested by an employee having a meeting with management which involves or could lead to his or her disciplinary action.
K. Negotiators
The bargaining unit is authorized to have two (2) on-duty negotiators participate in any given negotiation meeting with the City.
Negotiators shall be given paid time off to meet and confer with the City when meetings are scheduled during the individuals normal working hours.
Minimum staffing levels will be maintained in accordance with Section VII (G) Minimum Staffing.
5.12.b
Packet Pg. 187 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 7 L. No Discrimination
The City will not discriminate or take adverse action against any represented employee because of membership in the Union, participation in lawful Union activity, or exercising the right to Union representation.
M. No Strike/No Lockout
The parties agree there will be no strikes and no lockouts during the term of the MOU.
N. Notice of New Hires
The City agrees to notify the Union of new hires to the bargaining unit, by name, within ten days of hire.
O. Payroll Deductions
The City agrees to use payroll deductions for Union dues, Union assessments (up to two (2) times per fiscal year), and for Union sponsored insurance premiums or retirement plans, without charge to the Union or the Union member.
The Union shall provide appropriate documentation/notification to authorize such deductions.
P. Posting Union Information
1. The Union may post information at job site bulletin boards.
2. A copy of posted information shall be approved by the Personnel Director or designee.
3. Such postings shall not be unreasonably denied.
4. The City shall provide suitable space for bulletin boards in City fire stations.
5. The Union shall use designated bulletin board space no larger than 48” X 48”.
6. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business. Posted materials shall not be obscene, defamatory, or of a partisan political nature, misleading, violative of any Federal, State, or local ordinance, law, statute or rule. Such material shall not pertain to public issues which do not involve the City and its relations with employees.
Q. Representation Rights
Employees will be informed of their right to have a union representative present prior to being questioned to obtain information, which may be used to support a disciplinary action.
This right to representation includes an employee being questioned regarding a “reasonable suspicion” or “for cause” drug or alcohol test.
R. Provision of Information to the Union
The City agrees to provide budget-related information to the Union without charge.
S. Attendance of Union Meetings During Work Hours
Union members shall be allowed to attend Union meetings while on-duty under the following conditions:
1. The number of regular Union meetings cannot exceed twelve (12) in each calendar year.
5.12.b
Packet Pg. 188 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 8 2. The meeting duration shall not exceed two (2) hours.
3. Not more than one regular meeting can be held in any one month.
4. All meetings shall be scheduled after 1800 hours.
5. The Union shall give the Duty Chief reasonable notice of the date and time of each meeting.
6. On-duty attendance at Union meetings may be denied if it would unduly interrupt the operations of the City.
7. Attendance of special meetings may be allowed at the discretion of the Fire Chief.
The City will allow the use of City facilities for Union meetings at no cost to the Union.
7. SALARY/COMPENSATION
A. Wage Increases
1. Effective July 1, 2021, all employees of the bargaining unit will receive a three percent (3%) base salary increase.
2. Total compensation study to be complete for next round of negotiations, 2022.
3. All employees employed on or before July 1, 2021, shall receive a seventy-five hundred dollars ($7,500.00) One Time Payment for Service During the COVID-19 Pandemic as soon as administratively feasible following ratification by Local 4577 and City Council approval.
B. Call-Back Compensation
Call-backs shall be compensated at time and one-half the regular rate of pay.
Payment will be made for the greater of a two (2) hour minimum or actual time worked. A second two-hour minimum will apply if a second call is received more than two hours after the employee arrives to work following the first call.
For the purpose of calculating time worked, time normally begins when the employee arrives at the fire station or incident.
C. Out-of-Class Compensation
Employees designated by the Fire Chief or designee as performing the duties of a higher class due to vacation, illness, leave, vacancy, or when dictated by the needs of the City shall receive out-ofclass pay equivalent to the minimum salary rate for that position such that the minimum adjustment would be at least five percent (5%) above the employee's current salary, for all hours out-of-class duties are performed.
The nature of the assignment must be that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification.
Employees selected for the assignment shall meet the minimum requirements [as referenced in Section 7 (S)] and complete the assigned task book for the higher classification. Preference shall be given to those on the appropriate promotional list.
The Fire Chief shall publish a “Primary Out-of-Class List” consisting of the most current promotional list for a given rank and a “Secondary Out-of-Class List” consisting of a list of all
5.12.b
Packet Pg. 189 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 9 personnel meeting the minimum requirements in Section 7 (S), but not on the respective promotional list for that rank.
Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures. Personnel working long-term acting positions (30 calendar days or more) will have their overtime record indicate the classification to which they are assigned, beginning on the 31st calendar day.
In the event of a need for an acting position when no personnel are available from the promotional or eligibility list the Chief or designated representative shall select an employee from those on duty who the Chief determines possesses the necessary ability to perform the functions of the acting position.
No employee shall be required to work out-of-class for more than twelve (12) consecutive months.
D. Overtime
For the purposes of calculating overtime, all hours worked in excess of the employee’s regularly scheduled hours shall be compensated at the rate of one and one-half (1.5) times the employee’s regular rate of pay, including holiday pay.
For the purpose of compensating regularly scheduled FLSA overtime, the City will pay employees
6.76 hours at one-half (½) the regular rate of pay each twice monthly pay period. Regularly scheduled hours compensable as FLSA overtime are based on 192 work hours in a 24-day rolling period, with an FLSA overtime threshold of 182 hours in the 24-day rolling period for fire suppression / shift personnel. Paid leave usage shall not reduce an employee’s entitlement to this additional compensation, and these payments shall be reported to PERS as compensation earnable.
All hours in a paid status shall be counted for the purpose of calculating overtime compensation.
An employee may be required to work hours in excess of the standard FLSA pay cycle under the following conditions:
1. The department head or designee shall first determine which employee(s) are qualified to perform the work.
2. The department head or designee shall then offer the work to the qualified employee(s) in accordance with the “Filling of Overtime Positions” procedure below.
3. If an insufficient number of employees voluntarily accept the offer of work, the department head may require the employee(s) to work in accordance with the procedure below.
E. Filling of Overtime Positions - Procedure
1. Routine Overtime
a. Take the Overtime Availability form for the position to be filled and complete the form as follows:
Check the box for the position to be filled, either Captain, Engineer, or Firefighter Enter the date and time to be filled
Check the box for the station to be filled
Place and leave this copy in the overtime book for a minimum of 30 days.
5.12.b
Packet Pg. 190 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 10 After you fill the overtime, you are calling for and change the form, make a new copy of the form, and place the new copy on the bulletin board with the current date and time listed on top.
b. Calling for overtime should be started by the following procedure:
Planned overtime (defined as overtime with 48 hours or more notice) shall be filled in no more than 24-hour increments.
If there is planned overtime callback, it should be started two (2) weeks before the first shift to be filled or the day it becomes available at or close to 1300 hours, as long as doing so will not interrupt the normal workday.
Immediate need overtime (defined as less than 48 hours’ notice) shall be filled as soon as practically possible.
Call the person who is first on the appropriate Overtime Availability form. He/she will have the choice of either accepting or refusing the overtime.
If the person offered the overtime accepts the overtime, he/she will be moved to the bottom of the list on the Overtime Availability form.
If the time offered is less than 12 hours, and the person offered accepts, he/she will not be moved on the list.
If no contact is made with the person, he/she will be skipped and he/she will not be moved on the list.
If contact is made with a voicemail, or the person being called, he/she has 5 minutes to respond or he/she will be skipped. He/she will not be moved on the overtime list.
When all personnel in one category have been called, then the other category will be used, (example: when all Captains have been called to fill a Captains position, then switch to the Engineer list; and when all the Engineers have been called to fill an Engineer’s position, switch to the Firefighter list, and when all Firefighters have been called to fill an Engineer position, switch to the Captain’s list; and when all Firefighters have been called to fill a Firefighter position, then switch to the Engineer list, and when all Engineers have been called to fill a firefighter position switch to the Captain’s list).
Eligibility shall be verified when filling overtime from out-of-class, in accordance with (O) of this Section: Eligibility for Trade Time, Overtime, and Out-Of-Class pay.
After each phone call, on the Overtime Availability form fill in the date, the time, the contact type, if he/she accepted or declined, and the hours accepted if he/she accepted the time.
Personnel will be eligible to be called for overtime except to fill a vacancy on their assigned shift or if they have taken sick leave due to personal illness within the preceding 24 hours of the time to be filled.
No employee shall be allowed to work in excess of 96 consecutive hours. Any overtime or trade, in combination with a regularly scheduled duty day, which would lead to an employee exceeding this maximum, is not allowed.
The next period of work or shift shall not begin until the employee has had a minimum of twelve (12) hours off duty.
5.12.b
Packet Pg. 191 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 11 In case of emergency, the Fire Chief or his/her designee may authorize the waiver of this maximum. In the event of a non-emergency Department need, this maximum may be waived upon mutual agreement of the Fire Chief or his/her designee and the employee.
Employees shall be responsible to ensure that a combination of overtime and trades will not impact their ability to work their normally assigned shifts by creating a situation in which more than the maximum consecutive hours are scheduled.
2. Emergency Call-Back
When the need for personnel is immediate and for less than 24 hours, callback tones shall be set specifying the appropriate contact for assignment or for all available personnel to respond and their assignment (e.g., report to the incident, staff apparatus, etc.).
The first person of the proper rank that can be at the requested assignment within 15 minutes will be accepted and shall remain in the same position on the appropriate Overtime Availability form.
As the appropriate technology becomes available, it may be used as a substitute or an addition to pager tones.
3. Living Boundaries
For the purpose of emergency callback for incidents that are manpower intensive, a living boundary will be established for all employees hired after January 1, 2013.
Such employees are required to live within the State of California and no more than forty-five (45) air miles from the City of Patterson Fire Station #51.
F. Maintaining Information on Overtime Availability Forms It shall be the responsibility of the employee to make sure that the phone number on the current Overtime Availability form is current.
The employee will list only one phone number on the Overtime Availability form.
G. Minimum Staffing
1. There will be a minimum staffing level of three (3) City of Patterson career firefighter personnel per station and assigned apparatus (Captain, Engineer, and Firefighter). One (1) of the three (3) City of Patterson career firefighter personnel must be a licensed Paramedic.
2. Under no circumstance shall an employee leave duty, without his/her relief being present.
3. If it is anticipated, on-duty personnel may be committed to an incident for two (2) or more hours, emergency call back shall be instituted in accordance with Section 7, (E.2) Emergency Callback. It is not necessary to wait until the personnel have actually been committed for two (2) hours. As soon as the appropriate Captain or Chief Officer reasonably anticipates a two (2) or more hour commitment, emergency callback should be started.
4. In order to ensure constant staffing, the Training Captain may work “shift” overtime at his/her corresponding fifty-six (56) hour employee rate of pay.
5. The Training Captain may be used to fill “shift” overtime only after all other eligible employees have been offered the overtime and have refused.
6. The Training Captain cannot be mandated to work “shift” overtime.
5.12.b
Packet Pg. 192 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 12 H. Mandating of Personnel for Overtime
When all personnel that could fill the position have been contacted and have refused, then the first eligible person on the Overtime Availability form who works the shift prior to the shift to be filled will be mandated for the overtime.
EXCEPTION: A person on a leave included in Section 10 and 11 will not be mandated unless there is an emergency and no one else can be contacted. For the purpose of this paragraph, leave is counted from the time the person gets off duty on his/her last scheduled shift until the time he/she is scheduled to return on his/her next scheduled shift. In the case of an exception the next eligible person on the Overtime Availability form who works the shift prior will be mandated for the overtime.
If there are no eligible personnel from the shift prior to the shift to be filled, then the same process shall be used to fill the position from the shift prior to the shift prior.
A person mandated for overtime will not move on the Overtime Availability form. If the position cannot be filled through the normal overtime procedures a reserve may be used to comply with the minimum staffing requirements.
For purposes of meeting minimum staffing requirements, reasonable efforts will be made to ensure a reserve will not supervise a member of this bargaining unit.
I. Special Call-Back Assignments
The Association agrees that for special call-back assignments, the call-back procedure may not be followed.
Special call-back assignments are duties that are not done on a daily or routine basis or require an extended time to follow and bring to a close. They include the following:
Strike Team Leaders Assistant
Strike Team Leaders
Training instructors
Individuals attending training classes
Fire prevention and public education
Specialized skills
Individuals that are filling special call-back assignments are not considered part of minimum staffing. Minimum staffing standards must be met by the call-back procedure.
Individuals who work over twelve consecutive hours shall have their names moved to the bottom of the call-back list.
The City agrees to fill special call-back assignments as equitably as possible so all qualified individuals have the same opportunities.
J. Strike Team Lodging
Employees deployed on Strike Teams will receive reimbursement for lodging expense in compliance with the City Travel Policy. When possible, the Officer-In-Charge, may be provided a City credit card for lodging expenses incurred by employees on Strike Team deployments.
5.12.b
Packet Pg. 193 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 13 K. Strike Team Return – Time Off
Upon return from a Strike Team deployment of ninety-six (96) hours or more, any City of Patterson career firefighter may utilize their paid leave bank(s) to allow for proper rest, as outlined below:
1. An employee who returns from deployment prior to 1900 hours on their scheduled duty day, may utilize their paid leave bank(s) for the remainder of that day.
2. An employee who returns from deployment after 1900 hours on their scheduled duty day, may utilize their paid leave bank(s) for the remainder of that shift and if necessary, the first twelve (12) hours of the next scheduled duty day.
3. An employee who returns from deployment one day prior to their scheduled duty day prior to 1900 hours, may utilize their paid leave bank(s) for the following twelve (12) hour day shift.
4. For any time not covered by the section, an employee who returns from deployment may utilize sick leave for any portion or all of the tour following their return from deployment.
L. Salary on Promotion
Any employee receiving a promotion shall start on the first step of the salary range of the class which provides for a salary increase of at least five (5) percent, provided however, such salary shall not exceed the salary set forth in the top step of the new class.
When the promotion includes the assigned responsibility of supervision over other employees, the salary level shall be increased by assigning the promoted employee to a higher step within the salary range to allow the annual salary to be above the salary of those they supervise.
M. Salary on Demotion
When an employee is voluntarily demoted, a mutually agreed upon pay step in the designated range shall be assigned.
When an employee is demoted as a result of disciplinary action, the step shall be set by the appointing authority imposing the discipline.
N. Salary on Re-employment
Upon re-employment, an employee shall be assigned the same step in the salary range that had been attained prior to layoff.
Benefit accruals shall be equal to the benefit level the employee attained prior to layoff, except as precluded by applicable law.
O. Certification and Education Incentive Pay
Certificate and education incentive pay will be available as follows (not rank specific except where noted):
1. 2% - SFM Instructor III or SFM Fire Instructor I.
2. 2% - SFM Company Officer or SFM Fire Officer (*excluding Captains*) (Program series completed)
3. 2% - SFM Chief Fire Officer or SFM Chief Officer (program series completed)
4. 2% - Rescue Technician or Rescue Specialist (No partial credit):
5.12.b
Packet Pg. 194 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 14 FSTEP Trench Rescue
FSTEP Confined Space Rescue
Swiftwater Rescue Tech I
SFM Rescue Systems I
SFM Rescue Systems II
5. 2% - SFM Haz Mat Tech
6. 2% - SFM Haz Mat Spec
7. 2% - Rescue Specialist (No partial credit/Must meet the qualifications of Rescue Technician):
SFM Rope Rescue Technician
SFM Rescue Systems III
SFM Auto Extrication
SFM Rapid Intervention Crew Tactics (R.I.C.)
SFM Firefighter Survival
8. 2% - EMT Instructor (Paramedic and Fire Instructor I or Fire Instructor III requirement)
9. 1% - SFM Fire Apparatus Driver/Operator I (*Firefighters only*) (Must be on promotional or eligibility list)
10. 1% - SFM Fire Apparatus Driver/Operator Instructor
11. 1% - FSTEP Trench Rescue Instructor
12. 1% - FSTEP Confined Space Rescue Instructor
13. 1% - Swiftwater Rescue Instructor or SFM River and Flood Rescue Instructor
14. 1% - SFM Rescue Systems I Instructor
15. 1% - SFM Low Angle Rope Rescue Operational Instructor (L.A.R.R. O.)
16. 1% - SFM Rapid Intervention Crew Tactics Instructor (R.I.C.) or IAFF Fire Ground Survival Instructor
17. 1% - SFM Auto Extrication Instructor
18. 1% - SFM Haz Mat First Responder Operational Instructor (F.R.O.)
19. 2% - SFM Fire Investigator or SFM Fire Investigator II
20. 2% - SFM Fire Inspector I
21. 2% - AS/AA or AAS/AAA Degree in Fire Science discipline or related fields
22. 2% - BA/BS or BAS/BAA Degree in Fire Science discipline or related fields
23. 2% - Bilingual Pay (must successfully pass the Bilingual Test administered by Human Resources.)
All equivalent previous track certifications shall qualify for the education and certification incentive pays listed above.
5.12.b
Packet Pg. 195 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 15 The Maximum Education and Certification Incentive pay a represented employee shall receive is six percent (6%).
P. Training Program
It is the intent of the Patterson Fire Department to provide an opportunity for personnel to train together by allowing for one (1) training a month to occur in which off duty personnel may participate with those on-duty.
The Patterson Fire Department’s training program will consist of department wide training exercise three (3) times each year and once per shift. Off duty members are encouraged to participate and shall be compensated for time worked.
Dates and times shall be determined by the Training Division Chief. Subject matter will also be assigned by the Fire Chief/Training division, however input from line personnel is always welcome. In most cases on duty line personnel will be responsible for delivery of training unless other arrangements are made through the training division.
Every effort will be made to schedule the trainings during the daytime on weekdays.
Q. Compensation for Training Time
With approval of the Fire Chief, all time for attendance at training/testing during regular work hours will be compensated as regular time worked.
Voluntary attendance at career advancement/promotional training/testing which takes place outside the normal work shift will not be compensated as overtime.
Employees who are required to attend training/testing to fulfill the requirements of their job description, or required to attend by the Fire Chief, during off-duty hours shall be compensated as time worked for the time actually in training.
Time spent in traveling to and from required trainings/testing shall be compensated regardless of whether the travel hours fall during the employee’s regular work hours.
R. Instructor Training Assignment
Employees who are assigned by the Chief or his/her designee to perform Instructor Training duties while on-duty shall receive paid release time for all hours instructing, preparing, and traveling.
Minimum staffing levels shall be maintained at all times while employees are performing Instructor Training Duties.
S. Minimum Requirements
The following are minimum requirements for the positions specified:
1. Firefighter:
High School diploma/GED.
Meet the minimum CSFTES requirements of State Firefighter I.
Current EMT 1A (AED), MVEMSA accreditation within sixty (60) days of appointment.
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Packet Pg. 196 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 16 Clear and current California Class C license (Firefighter endorsement to be obtained by the end of the probationary period) to be maintained as a condition of employment.
2. Engineer:
Meet the requirements of Firefighter plus;
Completion of CSFTES Driver-Operator 1A and 1B.
Minimum two (2) years as a career Firefighter with the City of Patterson and completion of CSFM Driver/Operator 1A certificate and CSFM Driver/Operator 1B certificate.
Must obtain CA DMV Class C with firefighter endorsement within probationary period.
3. Those employees in the Fire Engineer classification as of January 1, 2008 are exempt from the Firefighter and Engineer requirements as listed above.
4. Captain:
Meet the requirements of Firefighter and Engineer plus; Completion of the CSFTES State Fire Officer series.
Minimum two (2) years as a career Engineer with the City of Patterson.
The above requirements shall be met for all personnel applying for said position, to work a shift exchange, overtime and/or working out-of-class position.
Captains hired prior to January 1, 2013, and individuals on the current promotional list, shall not be subject to a “Minimum two (2) years as a career Engineer with the City of Patterson” for the Captain requirements of Section 7 (S).
For purposes of receiving Education Incentives, all “Task Book” requirements in the new MOU will not become effective for employees in the firefighter classification until January 1, 2014.
For Captains promoted prior to January 1, 2013, Fire Officer Series class requirements and Engineer requirements in Section 7 (S) of the new MOU will not become effective until January 1, 2014.
T. Training Captain
The Training Captain position shall receive a ten percent (10%) premium base wage increase.
U. DMV
DMV license fees (excluding Class C) required for performance of duties shall be paid or reimbursed by the City.
Medical examinations required for the appropriate California driver’s license shall be paid for by the City.
V. ADVANCE LIFE SUPPORT (ALS)
Paramedic Classification Pay
So long as the City determines ALS service shall be provided, all employees certified as Paramedics through the State of California and MVEMSA shall be placed in the Paramedic classification within their respective rank.
5.12.b
Packet Pg. 197 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 17 In accordance with the salary schedule herein, Firefighter Paramedic, Engineer Paramedic, and Captain Paramedic ranks shall be paid at 10% above their corresponding non-paramedic classification.
Any Paramedic employee who loses their Paramedic certification through the State and/or MVEMSA shall be automatically demoted to his/her rank respective non-Paramedic classification.
Reinstatement of Paramedic classification in this instance will occur if the employee reinstates his/her license.
Paramedic Staffing
The City of Patterson will operate all staffed apparatus as a non-transporting ALS companies with a minimum of one (1) primary paramedic personnel assigned to the apparatus at all times. The only exception to this staffing requirement is when it is necessary for the assigned paramedic to accompany the patient to the hospital in the transporting ambulance.
It is agreed a firefighter/paramedic provides the best model for company continuity and safety.
Paramedic engineers or paramedic captains may be utilized as the primary paramedic on ALS companies.
Primary Paramedic
Staffing of ALS companies with a primary paramedic will be accomplished with due regard for the program, employees, and so long as all provisions of the MOU are complied with. When When a non-paramedic classification bargaining unit vacancy occurs, any qualified Paramedic may apply. If selected, the employee will be appointed to the new position and relieved of their obligation to remain licensed as a Paramedic, provided the City has sufficient firefighter/paramedic personnel to staff designated ALS companies.
Promotional announcements shall specify if the position is a Paramedic classification or not. No member of this bargaining unit will be denied a promotional opportunity as a result of their paramedic status.
Maintenance of Certification
Maintenance of the Paramedic license is the responsibility of the employee. The City will, however, pay for the cost of any tuition and/or fees for training required as maintenance of certification.
The City will provide required CEU training time on-duty. Paramedic employees shall be compensated at the appropriate overtime rate for any required off duty CEU training.
Any Paramedic who loses his/her license as a result of an involuntary license revocation action by a paramedic licensing authority at the Federal, State, or Local level, shall not be subject to disciplinary action solely to the loss of the Paramedic license.
W. Longevity Pay
Longevity Pay is compensation in addition to the employee’s regular base pay.
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Packet Pg. 198 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 18 A. Eligibility & Qualifications
An employee is eligible for a two percent (2%) longevity pay increase only if he/she has been with the City ten (10) consecutive years and maintains a satisfactory rating on their annual performance appraisals.
An employee is eligible for an additional five percent (5%) longevity pay increase if he/she has been with the City fifteen (15) consecutive years and maintains a satisfactory rating on their annual performance appraisals.
After 20 years an employee is eligible for an additional five percent (5%) longevity pay increase only if he/she has been with the city twenty (20) consecutive years and maintains a satisfactory rating on their annual performance appraisals.
The total longevity pay increase any employee can receive during their term of employment is twelve percent 12% of their base rate pay.
8. HEALTH AND WELFARE BENEFITS
A. Health Insurance
The City will continue to provide current health plans to the employee for the life of this MOU.
The City’s contribution for retired members, who have retired prior to January 1, 2018, will be $50.00 per month the first year and will increase annually by 5% of the City’s contribution for the active employees until such time as the contributions are equal. (City of Patterson Resolution #2001-100, effective December 1, 2001)
All employees in regular positions budgeted for full time shall be eligible to participate in the health plans offered by the City.
The City agrees to continue to provide contributions for retired members, in accordance with PEMHCA, as set forth in subpart D of this section, related to retiree medical.
B. Cafeteria Plan
For purposes of this section, a “current employee” is any employee covered by the provisions of this MOU, employed by the City before July 1, 2017.
For purposes of this section, a “new hire” is any employee covered by the provisions of this MOU, employed by the City on or after July 1, 2017.
The City shall maintain a Section 125 compliant Cafeteria Plan to provide a vehicle for the payment of health and optional benefit premiums. The City contribution shall be as follows:
5.12.b
Packet Pg. 199 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 19 1. Enhanced Benefit - January 1, 2017 (Hired before July 1, 2017) Subscriber Only: Up to 100% of the Northern
California Area Kaiser premium
family rate.
Subscriber Plus One: Up to 100% of the Northern
California Area Kaiser premium
family rate.
Subscriber Plus Two or more: Up to 100% of the Northern California Area Kaiser premium
family rate.
2. Enhanced Benefit January 1, 2018 (Hired before January 1, 2017) Subscriber Only:
Up to 100% of the Northern California
Area Kaiser premium rate by category.
Subscriber Plus One:
Up to 100% of the Northern California
Area Kaiser premium rate by category.
Subscriber Plus Two or more:
Up to 100% of the Northern California
Area Kaiser premium rate by category.
For the term of this agreement, the City contribution to the Cafeteria Plan shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 100% of the increased premium for the Northern California Area Kaiser premium, by category. In the event that an employee subscribes to a plan with a lower monthly premium than that of the above-mentioned Northern California Area Kaiser plan, the City will pay 100% of the premium for that plan.
5.12.b
Packet Pg. 200 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 20 3. Standard Benefit (Hired on or after July 1, 2017) Subscriber Only: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus One: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus Two or more: Up to 80% of the Northern California Area Kaiser premium rate by category.
For the term of this agreement, the City contribution to the Cafeteria Plan shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 80% of the increased premium for the Northern California Area Kaiser premium, by category. In the event that an employee subscribes to a plan with a lower premium than that of the above-mentioned Northern California Area Kaiser plan, the city will pay a dollar amount equal to the 80% of the Northern California Area Kaiser premium, by category, toward the premium for that employee’s choice of plan.
C. Medical Contributions
1. City Medical Contributions:
For qualifying regular full-time employees enrolled in a CalPERS PEMHCA medical plan, the City is obligated to pay the minimum employer contribution to qualifying employees pursuant to PERS resolution and government code section 22892. The City contribution in Section 8, subsection A & B above, include the minimum employer contribution.
The City contribution required under Section 8, subsection A above, also shall be designated for purposes of determining the minimum employer contribution with respect to retiree medical provided pursuant to PEMHCA.
2. Employee Medical Contributions:
The employee shall pay any difference between the City’s contribution to the Cafeteria Plan, if applicable, and the actual premium of medical insurance plan selected by the employee.
3. Alternative Insurance Options:
The City reserves the right to implement an alternative health plan that provides equal or better benefits. “Equal or Better Benefits” is intended to mean the combination of the following: 1) as good or better access to health care professionals, 2) as good or better insurance coverage, 3) premiums that are equal to or lower than the CalPERS Health plans and, 4) equal to or less out-of-pocket cost to the employee. The City agrees to meet and confer with the Union prior to making any changes to the health plan.
5.12.b
Packet Pg. 201 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 21 4. Medical-In-Lieu:
Employees who do not elect to take the City’s health insurance must provide proof of comparable group health coverage pursuant to PEMHCA (other than Covered California).
Employees who opt out of City provided health insurance shall receive the dollar equivalent of 80% of employee only Kaiser premium in the form of an employer contribution for that employee to the City’s Mid-America HRA account. This provision shall be retroactive to January 1, 2016.
5. No Cash Out:
Under no circumstances will an employee be eligible to take cash in lieu of benefits.
D. Retiree Medical
The City shall establish a Section 115 compliant plan for the reimbursement of retiree medical expenses subject to the following:
1. Current Retirees and Current Employees that retire prior to January 2, 2018.
This section in no way affects the rights and benefits of those who have retired or will retire prior to January 1, 2018. These retirees will maintain a dollar benefit equivalent to the dollar value of the current benefits established under the City of Patterson Resolution #2001-100, effective December 1, 2001.
2. Retirees (current employees) – Ages 50-65 that retire after January 1, 2018.
Current employees, hired prior to July 1, 2017, who retire from the City of Patterson with at least ten (10) years of service with the City, between the age 50 and 65, (or Medicare eligibility age, whichever is later), and enroll in the PERS medical insurance program, will be eligible to receive the City Retirement Benefit Stipend until they reach the age of 65 (or Medicare eligibility age, whichever is later), in accordance with schedule A below.
5.12.b
Packet Pg. 202 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 22 Years of Service Percentage of Standard Retiree Benefit 10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
The Standard Retiree Benefit City contribution is as follows:
3. Standard Retiree Benefit
Subscriber Only: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus One: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus Two or more: Up to 80% of the Northern California Area Kaiser premium rate by category.
For the term of this agreement, the City Standard Retiree Benefit contribution shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 80% of the increased premium for the Northern California Area Kaiser premium, by category.
3. Retirees over age 65 or upon Medicare eligibility (Current Employees) Retirees hired prior to July 1, 2017 that retire from the City of Patterson, irrespective of their years of service with the City, at age 65 (or upon Medicare eligibility age, whichever is later), are eligible for a stipend of up to five hundred dollars ($500.00) per month. This
5.12.b
Packet Pg. 203 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 23 stipend shall not be less than the PEMHCA minimum and not greater than the premium for coverage elected on a reimbursement basis.
E. Minimum Employer Contribution
New hire employees (employees hired on or after July 1, 2017), shall be entitled to only the minimum employer contribution upon retirement, pursuant to CalPERS PEMHCA resolution.
F. Dental Insurance
The City will provide Dental coverage of $2,000.00 per person annually, with Orthodontia care, without premium cost to the employee. Preventative care costs shall be covered 100% by the City.
G. Vision Insurance
The City will provide vision insurance, VSP Plan B, without premium cost to the employee, with a $0 employee co-payment for eye examinations, and a $20.00 employee co-payment for materials.
H. Life Insurance
The City agrees to provide term life insurance for all represented personnel in the amount of $100,000.00 at no cost to the employee.
Employees shall have the option to buy additional coverage at their own expense, if available.
The City will provide $5,000 in dependent life insurance with no premium cost to the employee.
I. Voluntary Deferred Compensation
The City will continue to offer deferred compensation through Valic and ICMA.
J. Employee Assistance Program
The City will continue to offer an EAP in conjunction with the City’s self-insured Worker’s Compensation Program.
The City reserves the right to change carriers and program design however in no case shall the number of visits be less than five for each covered employee.
K. HRA Contribution
The City shall contribute three percent (3%) of each employee’s monthly salary to the City’s MidAmerica HRA account for each employee. Payment shall be made in accordance with current City employee deduction practices.
9. RETIREMENT
A. CalPERS Pension Definitions
New Member Employees:
1. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California Public Retirement System.
2. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013, and is not eligible for reciprocity.
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Packet Pg. 204 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 24 3. A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of greater than six months.
Classic Member Employees:
1. A member who was brought into CalPERS membership for the first time before January 1, 2013.
2. A member who was brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013, and is eligible for reciprocity.
3. A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of less than six months.
B. New Member Retirement Benefits
New employees hired on or after January 1, 2013, upon placement in a full-time employment status shall have the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect between the City and PERS.
New Member Retirement Contributions
The employee contribution rate shall be 50 percent of the “normal cost” rounded to the nearest quarter of 1 percent, as determined by PERS.
Classic Member Retirement Benefits
Employees hired before January 1, 2013 and designated as local public safety members by the City are provided retirement benefits under the California Public Employee's Retirement System Local Safety 3% at 50 formula.
Classic Member Retirement Contributions
The employee shall pay 6% of the member contribution effective the first full pay period following July 1, 2017. Effective the first full pay period following July 1, 2018, the employee shall pay 9% of the member contribution plus an additional “cost share” pension contribution of 3%, total pension contribution shall be 12%.
This cost sharing pension contribution shall initially be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f). As soon as administratively feasible the City shall implement a contract amendment. This pension contribution shall extend beyond the expiration of this MOU and is intended to satisfy the 2018 member contribution pursuant to PEPRA.
C. Disability Retirement
The City has contracted with PERS and has implemented the provisions of Section 21298:
Improved Non-Industrial Disability Allowance. There is no cost to the employee.
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Packet Pg. 205 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 25 Survivor Benefits
The City has contracted with PERS and has implemented Sections 21380-21387: 1959 Survivor Benefits. The cost to the employee is $2.00 each month.
D. Sick Leave Conversion at Retirement
The City agrees to contract with PERS to implement Section 20965 Credit for Unused Sick Leave, whereby unused accumulated sick leave at the time of retirement is converted to additional service credit at the rate of 0.004 year of service credit for each day of unused sick leave. There is no cost to the employee.
E. State Disability Insurance
SDI is now in force for bargaining unit employees. There is no charge to the employee for the monthly payroll deduction. The employee is entitled to supplement weekly SDI benefits with accumulated leave time up to the amount of his/her regular monthly salary. The employee may also choose not to supplement SDI with accumulated leave.
F. Wellness/Fitness Program
The Patterson Fire Department and Patterson Firefighters, IAFF Local 4577 recognize the value of a healthy, well and fit workforce. The parties will develop and implement a Wellness and Fitness Program consistent with the recommendations of the IAFF/IAFC Joint Labor Management Wellness Fitness Initiative (WFI).
Participation in the program shall be mandatory by all members of the bargaining unit. The Patterson Fire Department will implement a wellness/fitness program for each fire fighter to obtain a level of wellness/fitness consistent with the duties he or she may be called to perform.
The wellness/fitness program shall be a positive program and not punitive in design; allow for age and position in the department; allow for participation on-duty utilizing facilities provided or arranged by the City; provide for rehabilitation and remedial support for those in need; and be reasonable and equitable to all participants.
To achieve such a program a Labor-Management Wellness/Fitness Committee shall be formed within ninety days of the signing of this agreement.
The committee will consist of three representatives of the Patterson Fire Department, three representatives of Patterson Firefighters, IAFF Local 4577, the fire department designated physician (non-voting) and an outside medical, physiological and wellness consultant(s) (nonvoting) mutually chosen by both parties.
The Labor/Management Wellness/Fitness Committee shall be responsible for four primary areas:
1. Implementation of the WFI Program: Reviewing this Initiative and fully adapting the components to the Patterson Fire Department.
2. Statistics and Health: Developing statistics on experience with lost time and costs due to disease and injury so as to demonstrate how the implementation of the WFI program will avoid or reduce disease and injury; and be cost effective.
3. Wellness/Fitness Program: Developing program objectives; developing the program and related activities (e.g. peer fitness trainers (including certification), workshops, smoking cessation and weight control programs); preparing budget.
4. Executive and Marketing Functions: Identifying specific objections to the program, developing answers or procedures to overcome the objections, enlisting the help of critical support groups
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Packet Pg. 206 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 26 and individuals; investigating legal implications of the wellness/fitness program; establishing policies and directives.
G. Tobacco Product Use
The City of Patterson declares a hiring policy which disqualifies habitual users of tobacco products from eligibility for employment within the City of Patterson Fire Department.
Employees hired for positions in the bargaining unit after January 1, 2013 shall not be permitted to habitually use any tobacco products, consistent with this policy. Employees hired into the bargaining unit prior to December 31, 2012 may enroll in a tobacco cessation program with the Department's EAP. Completion of the program must occur within ninety (90) days from enrollment or by no later than July 1, 2013. Effective July 1, 2013, all employees shall not be permitted to habitually use any tobacco products.
Under no circumstances shall any tobacco products be used at any time inside a City building or vehicle, consistent with any restrictions established by State law, City administrative policy, and this agreement.
Failure to follow this agreement may lead to disciplinary action, up to and including dismissal.
10. WORK HOURS
A. Duty Hours
Employees shall be assigned, at the discretion of the Fire Chief and based upon City needs, to either shift or day duty.
B. Shift Personnel
Shift personnel shall report for duty, ready to work, at 7:00 a.m., and shall go off duty fortyeight (48) hours later at 7:00 a.m.
C. Day Personnel
Weekly Schedule
1. A day shift shall typically be an eight (8) hour day on one of the following schedules:
7:00a.m.to 4:00p.m. OR 8:00a.m. to 5:00 p.m.
2. An hour will be allotted for an unpaid lunch period.
3. The Fire Chief may, with the mutual consent of the affected employee, modify a typical day work schedule to an alternative schedule (e.g., four (4) ten-hour days per week or 9-80 schedule) if the Fire Chief determines such a change will better meet the needs of the City.
Training Captain
1. In addition to the schedule in Section 10 (c), the typical day shift for the Training Captain maybe modified one (1) weekday per week for purposes of conducting weekly evening
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Packet Pg. 207 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 27 station drills, so long as the regular workday is a minimum of eight (8) consecutive hours.
2. The Training Captain may be required to work one Saturday per month for purposes of conducting the monthly “all-hands” drill. In such instance, the employee shall “flex” off a regularly scheduled shift within the same pay period. The Fire Chief or his/her designee mustapprove the flexed day. Additional weekend days worked within the month shall be compensated at the appropriate overtime rate.
3. Additional modifications to the Training Captain’s schedule may be necessary and must be mutually agreed upon between the employee, the Union, and the Fire Chief.
D. Assignment of Work
1. All times while on duty, an employee is subject to assignment of work.
2. Station maintenance work, however, shall typically be performed between 0800 and 1800 hours.
3. An hour shall typically be allowed for lunch, which shall be taken as a group meal generally between 1200 and 1300, unless delayed or interrupted by an emergency, work assignment, drill, or other department business need, in which case it shall be taken at a more convenient time.
4. Furthermore, a 15-minute work break shall be allowed at a convenient time in the morning andthe afternoon.
5. Hours outside of 0800-1800 are typically not subject to assignment of work except for equipment readiness, emergency work and night drills.
6. Captains shall be allowed flexibility in organizing the daily schedule including but not limitedto daily duties, station chores, and “soft-time”. For instance, the Captain may allow for “soft-time” during regular daytime hours (0800 – 1800) if a night drill is scheduled for that evening.
7. The purposes of “soft-time” are to ensure personnel are not fatigued and are physically ready to respond to emergencies.
8. All personnel shall remain in the appropriate uniform until 1900 hours, unless otherwise determined by the Captain.
E. Non-Scheduled Shift Hours and Days
In appropriate circumstances, the City may require unit employees to render service at hours and on days other than those in the employee’s regular or normal schedule. Refer to Section 7 (B).
F. Shift (24 hour) to Day (8 hour) Changes
A shift employee, absent other considerations, shall typically be changed to days for reasonsassociated with either light duty or providing/receiving training.
Such changes shall be for a limited time and, when reasonably possible, preceded by advancenotice to the employee.
5.12.b
Packet Pg. 208 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 28 A change for training purposes shall be for not less than one (1) week.
G. Shift Duty Schedule
The work schedule for shift personnel shall consist of two (2) twenty-four (24) hour on-duty shifts within six- (6) day cycle to be worked in accordance with the following chart:
X = 24 hour on-duty period
O = 24 hour off-duty period
XXOOOOXXOOOOXXOOOOXXOOOO
1. The Fair Labor Standards Act (FLSA) cycle shall be a twenty-four (24) day cycle and shall consist of eight (8) twenty-four (24) hour periods.
2. Unit members shall be eligible for overtime in accordance with FLSA standards. At the present time, for employees on a twenty-four (24) day work cycle, the threshold is one hundred ninety-two (192) hours worked in a work cycle.
3. Personnel will be required to arrive at scheduled meetings, work details, and other events ontime, with appropriate equipment, and in appropriate uniform.
H. Trade Time
Employees, with approval of the Fire Chief or his/her designee, may exchange shifts when the change does not interfere with the operation of the Fire Department. Shift trades shall be rank for rank or those employees on the appropriate promotional or eligibility list.
Shift trades and/or paybacks shall not place any financial burden on the City. Employees, and not the City, shall be responsible for record keeping and payback of shifts.
The City shall not be liable for the failure of any employee to pay back another employee for a shift trade.
The Company Officer and the command staff shall be notified of all trade time through the Fire Department electronic calendar.
I. Automated Tracking
Asthe appropriate technology becomes available, the City will meet and confer with the Union on related issues.
11. HOLIDAYS AND LEAVES
A. Holidays
56-Hour Schedule
1. Personnel assigned to a 56-hour schedule shall be provided with 133.5 hours of holiday pay per year.
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Packet Pg. 209 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 29 2. Holiday pay shall be compensated by paying each employee 5.56 hours per semi-monthly pay period.
Non-Shift Schedule
The following days shall be paid holidays for all employees working 40-hour non-shift assignments:
New Year's Day
Martin Luther King Day
Presidents Day
Memorial Day (Last Monday in May)
July 4th (Independence Day)
Labor Day (First Monday in September)
Veteran’s Day (November 11th)
Thanksgiving Day (Fourth Thursday in November)
The day following (Thanksgiving Day)
Christmas Eve
Christmas Day
New Year’s Eve (December 31st) (½ Day)
Whenever a holiday falls on a Sunday not scheduled as a regular workday, the following Monday shall be observed as the holiday.
Whenever a holiday falls on a Saturday not scheduled as a regular workday, the preceding Friday shall be observed as the holiday.
An employee must have been in paid status, receiving SDI or Worker's Compensation for the entire amount of regularly scheduled hours of the days immediately prior to and following a city holiday in order to be paid holiday pay.
B. Vacation
Vacation accrual
1. Vacation benefits begin to accrue from date of hire and are accrued based on the number of months of full-time City service, computed to the nearest month, in accordance with the following schedule:
Length of Service Monthly accrual in hours
1-60 months 13.14
61-96 months 15.94
97-132 months 16.92
133 – 168 months 17.82
169 months on 20.62
5.12.b
Packet Pg. 210 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 30 2. Maximum Accrual
Employees may accrue up to a maximum of 471.22 hours at any one time during the calendar year. When an employee has accumulated 471.22 hours, vacation accrual will stop until his/her balance falls below 471.22 hours.
Employees will be notified when his/her vacation accrual reaches 415.22 hours.
It shall be the responsibility of the employee and the department head to assure that employees utilize credited vacation leave within the limitations set forth herein.
Employees may only accrue more than 471.22 hours of vacation if the employee and the manager have made a good faith effort to take/allow time to avoid reaching the accrual maximum.
3. Vacation Usage and Approval
The time during the calendar year at which an employee may take vacation shall be determined by the Fire Chief or his/her designee with due consideration given to the wishes of the employee and with particular regard for the needs of the City.
An employee wishing to schedule a vacation in excess of four (4) shifts must request approval of the Fire Chief at least ten (10) working days prior to the vacation time requested. The employee will receive a response within five (5) working days of submittal.
Vacation time, or any requested leave time requiring any combination of vacation, administrative leave, comp time, or holiday time which is in excess of four (4) shifts, shall be granted based on the City's ability to provide adequate service coverage during the employee's absence.
Employees may be approved for vacation requests in amounts less than one working day.
Written requests for time off shall be answered in writing, with a stated reason for any vacation request, which is denied.
Requests for time off will not be unreasonably denied.
4. Vacation Cash Out on Termination
Any employee who terminates service with the City shall be entitled to cash payment for all accumulated vacation hours. Such payment shall be based on the employee's hourly wage at the time of termination. The hourly wage shall be determined by multiplying the employee's monthly salary by 12 and dividing the result by 2912.
Termination resulting from the death of an employee shall cause the vacation cash out to be paid to the estate of the employee.
5. Vacation Cash Out
Employees have the option to elect cash in lieu of accrual for up to one hundred and Twenty (120) hours of vacation leave twice every twelve (12) months provided all of the following criteria are met:
5.12.b
Packet Pg. 211 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 31 • An employee must have maintained a minimum balance of one hundred sixty (160) hours of accrued vacation for the previous twelve (12) month period. • An employee must have used at least forty (40) hours of vacation for actual time off from work in the previous twelve (12) month period.
• An irrevocable election form for distributions in a given year must be received by payroll no later than December 31st of prior year.
• Vacation Cash Out requests shall be provided to payroll between November 1st and November 15th and will be paid out last pay period of November, or between June 1 st and June 15th, and will be paid out the last pay period of June by separate payroll document whether traditional paper check or electronic direct deposit. Employees may request a cash out of vacation on an alternative date, subject to approval of the City Manager, so long as vacation cash out does not exceed twice per fiscal year. • Vacation conversion requests shall not be unreasonably denied.
12. SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE
A. Sick Leave
1. Sick Leave Defined
Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or in case of an emergency illness in the immediate family.
Immediate family shall mean the spouse, parent, child, brother, sister, or other close relative residing in the household of the employee.
Sick Leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. If the employee's sick leave is depleted, vacation, comp time and floating holidays shall be allowed, upon request of the employee in writing.
Sick leave will not be granted for illness during any leave of absence other than sick leave, with one exception: an illness or injury occurring while on vacation leave may be covered by sick leave when such illness or injury causes the employee to be hospitalized, or when a physician has certified the employee's physical disability or illness.
2. Accrual/Eligibility
A regular or probationary employee shall accrue sick leave at the rate of 11.2 hours per month, following completion of one month of service with the City, provided that the employee was in paid status for not less than 50 percent of the month.
There is no maximum accrual amount for sick leave.
To receive compensation while absent on sick leave the employee shall notify his/her supervisor at the beginning of the workday he/she is absent. The employee may be required by the department head, at the time he/she calls in sick, to provide a physician’s certificate.
Department heads shall only require a physician's certificate if abuse of sick leave is reasonably suspected.
However, when a forty (40) hour employee is absent due to illness or injury in excess of three (3) consecutive workdays or longer, a physician's certificate or a personal affidavit shall be required.
5.12.b
Packet Pg. 212 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 32 When a fifty-six (56) hour employee is absent due to illness or injury in excess of two (2) consecutive work days or longer, a physician's certificate or a personal affidavit shall be required.
Accumulated Sick Leave on Retirement:
a. Accumulated sick leave may be used for the purpose of computing an employee’s PERS retirement.
b. At retirement, unused accumulated sick leave is converted to additional service credit at the rate specified by the prevailing PERS contract. There is no cost to the employee.
B. Bereavement Leave
An employee on a forty (40) hour work schedule may be granted up to three (3) days bereavement leave and an employee on a fifty-six (56) hour work schedule may be granted up to two (2) twentyfour (24) hour shifts for bereavement leave by the department head in the event of a death in the employee's family.
For the purpose of this section only, the employee's family shall mean spouse, parent, child, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparent, or a close relative residing in the household of the employee.
Requests for bereavement leave in excess of three (3) days or two (2) twenty-four (24) hour shifts shall be subject to approval of the City Manager and will be charged to accumulated leave.
C. Family Leave
Each regular full-time employee having completed a minimum of one year of continuous employment to the City may request a family care “leave of absence” as provided for in the California Family Rights Act of 1991 and the Federal Family and Medical Act of 1993.
Family is defined as an employee’s child (biological, adopted, foster, stepchild or legal ward under the age of eighteen), or legal spouse as defined in Civil Code section 4100.
A serious health condition is defined as an illness, injury, impairment or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either one of the following:
1. In-patient care in a hospital, hospice, or residential care facility; or
2. Continuing treatment or continuing supervision by a health care provider The request may be granted but will not exceed twelve (12) workweeks in a twelve (12) month period. The twelve-month period will commence on the first day the leave begins. The leave will be an unpaid leave.
Medical benefits, dental benefits, life insurance benefits and retirement benefits will continue.
Other benefits, such as vacation time, sick leave time, etc. will not accrue during the period of leave.
The following provisions will apply to fire personnel in addition to that required by the FMLA.
1. The City will allow the utilization of paid or unpaid time during the leave and this shall be the choice of the employee, with the exception that employees shall be required to first use all sick leave accrued that is in excess of 112 hours.
5.12.b
Packet Pg. 213 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 33 2. Seniority for all purposes will continue during the FMLA leave, up to a maximum of fortyfive (45) days for unpaid leave. The maximum shall be sixty (60) days if the leave is taken in combination with paid time.
3. In addition to immediate family, grandparents, grandchildren, and parents-in-law, are covered as reasons for requesting FMLA leave.
D. Other Leaves
1. Leave of Absence Without Pay
Leave of absence without pay may be granted by the Human Resources Manager upon recommendation of the department head.
No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. All requests shall be evaluated on the basis of personal need, duration, and work requirements.
Any leave of absence without pay lasting more than fourteen (14) calendar days shall preclude an employee from accruing leave time and other benefits after day fourteen (14), except as outlined in the Family Leave policy.
2. Military Leave
Military leave shall be granted in accordance with the provisions of state and federal law. All employees applying for military leave shall give the department head, within the limits of military regulations, an opportunity to determine when such leave shall be taken.
Employees may use compensatory time and vacation time for mandatory drills scheduled during the employee’s normal shift or work hours.
3. Jury Duty Leave and Court Appearances
Regular and probationary employees who are summoned to serve on jury duty shall be entitled to a leave of absence with pay while serving provided the fees, except mileage or substance, are remitted to the City.
Employees who are required to appear and testify in court shall suffer no loss of pay for such appearances if such appearance relates to matters arising out of their official duty as employees of the City.
All employees shall be entitled to leave of absence for a reasonable time necessary to appear as a witness in court, other than as a litigant, pursuant to a lawful subpoena, to serve on a jury, or to respond to an official order from a governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee.
Any employee whose name shall be selected from a list of jurors to serve as a juror in a civil or criminal action pending in a State or Federal court convening in the State of California, shall be entitled to a leave of absence for all his/her regularly scheduled shifts during the court days of such service; provided, however, that the employee shall report to work if released from jury service prior to 1700 hours and does not have to report to jury service the following day.
Such leave of absence shall be granted with pay up to the amount of the difference between the employee’s regular earnings in the amount he/she receives for jury or witness fees with
5.12.b
Packet Pg. 214 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 34 the exception of any mileage allowance, which shall be retained by the employee. Such leaves of absence shall not be charged against the employees sick or vacation leave.
13. FILLING VACANCIES
A. Job Announcements
All job announcements, job vacancies and recruitments shall be posted on a bulletin board and shall specify at least the major job responsibilities and desirable qualifications, and the selection process options of the City.
Job announcements shall be posted on appropriate bulletin boards in City facilities at least ten (10) working days prior to the final filing date, which date shall be printed on the job announcement.
Recruitment methods shall be utilized as necessary to ensure that segments of the labor market available to the City are utilized.
B. Examinations
The selection of techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects, which are related to the duties and responsibilities of the position.
The examination may consist of evaluation of personality and background through written tests, oral interviews, performance tests, medical examinations and other job related tests or combination thereof. The methodology of examination shall be included in the job announcement.
Examinations may be open or promotional at the discretion of the Human Resources Director who shall consider the recommendation of the department head.
Employees may take part in the examination process on City time.
C. Notification of Results and Appeal Rights
Applicants who meet the requirements for admission to the eligibility list must be notified that they have achieved minimum rank. In addition, each non-selected applicant must be given notice of non-selection, including general reasons, requirements for admission to eligibility and appeal rights available.
Employees shall have five working days to appeal his/her non-selection to the City Manager. The City agrees to make no appointment from the eligible list until the City Manager has made a decision on the appeal.
The City will take reasonable steps for notification of applicants, including mailing such notice to the last known address. Each candidate in an examination shall be given notice of the results within a reasonable amount of time.
An applicant may review the materials related to testing, including answer sheets and test copies, except in cases where tests are of a stock or form nature and when contracts prohibit such reviews.
D. Eligibility List
An eligibility list shall be established following the examinations to determine the names of applicants who have achieved minimum rank. Such applicants shall be deemed as qualified for appointments pending further review by the appointing authority and other qualifying procedures, including reference checks, medical examinations, and background investigations.
5.12.b
Packet Pg. 215 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 35 Eligibility lists shall be valid and in effect for a period of six (6) months up to a maximum of one (1) year, at the discretion of the Human Resources Director. Eligibility lists shall be certified by the Human Resources Director.
If a department head does not feel an appointment from the list would be in the best interest of the City, the department head may request the abolishment of the list and establishment of a new list.
Eligibility lists may be merged in a continuous or separate recruitment.
Names may be dropped from the list if unable to be located, if a request is made by the person on the list to be dropped, or, in the case of a promotional list, if the employee resigns from City employment.
E. Re-Employment
With the approval of the appointing authority and the Human Resources Director, a regular or probationary employee who has completed at least six months of probationary service, and who has resigned with a good record and in good standing, may be reinstated to the former position, if vacant, or to a vacant position in the same or a comparable class within one year from the date of resignation.
No credit for former employment shall be granted in computing salary, vacation, sick leave, or other benefits, including seniority, without the specific recommendation of the appointing authority and the approval of the Human Resources Director.
Retirement benefits shall be subject to applicable PERS regulations.
F. Transfers
1. Employee Requested Transfers
New employees who have completed their probationary status in their current position may apply for a transfer. All other employees who have worked a minimum of six (6) months in their current position may apply for a transfer.
A request may be submitted only when a vacancy exists.
Vacancies shall be posted as a "Job Announcement" and shall state that transfer requests will be accepted, along with written filing deadlines and a ten (10) working day minimum posting requirement.
The employee's request for transfer will be considered on the basis of the employee's qualifications for the vacant position, the employee's best interest, and the best interest of the City.
2. Employer Initiated Transfers
The City reserves the right to transfer its employees from one position to another or one department to another, if the transfer is necessary for the purpose of economy or efficiency.
The City agrees to meet and confer with the Union prior to making a decision to initiate a transfer. The City further agrees to notify the employee at least ten (10) calendar days in advance of the effective date of the transfer.
3. Conditions for Transfer
An employee who does not possess the minimum qualifications for an open position shall not be transferred to that position.
5.12.b
Packet Pg. 216 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 36 A qualified employee may be transferred, provided the transfer has been approved by the employee's supervisor, the gaining supervisor and the Human Resources Director.
G. Personnel Assignments
A “Bid System” shall be utilized to assist with personnel assignments to platoon, station and apparatus. The department seniority system shall be used unless mutually agreed upon by the Union and the City.
The Fire Chief will select the personnel for Training Officer and any other specialized positions mutually agreed upon prior to the bidding process. The Fire Chief may solicit personnel for special positions.
The bidding process shall be carried out in the following order:
Captains
Engineers
Firefighters
Bids for platoon, station, and apparatus assignments shall be for two (2) year terms.
The Union agrees that all bids will be at no cost to the City.
Mutual trades shall be allowed when two parties agree to change platoons with approval from the Fire Chief.
Probationary employees shall be assigned by the Fire Chief. Probationary employees shall be rotated at six (6) month intervals.
All mid-term bids for vacancies are subject to the Fire Chiefs approval.
1. When the department is notified of a pending vacancy, all personnel shall be notified of the vacancy via text message and posting at each station.
2. This notification will take place during the shift that follows the shift in which the vacancy occurs.
3. This notification will occur at, or about, 0900 hours when feasible.
4. All those interested in the vacant position shall notify the Operations Chief, in writing within ninety-six (96) hours of the vacancy’s posting.
5. The bidding priority shall be by seniority within the classification being bid on.
The Bid System shall be dynamic. Any bid system procedural changes shall be mutually agreed to by the Union and City.
14. PERFORMANCE EVALUATIONS
The intent of the performance evaluation is to inform the employee of the rater's opinion of the job done by the employee. The evaluation and PAF shall be completed (initial evaluation, PAF, employee comments, possible revisions) no later than fourteen (14) days after the employee's anniversary date and shall not cover more than one year.
The employee will be notified if he/she is to be evaluated for a shorter time period and in advance of when the shorter time period begins. The evaluation must be discussed with the employee by the rater.
5.12.b
Packet Pg. 217 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 37 The rater shall consider any comments made by the employee and may change the evaluation as a result of such discussion.
The employee shall be given the opportunity to sign the evaluation and shall have the right to submit a written rebuttal to the evaluation, in accordance with the Firefighter Bill of Rights. It is understood that performance deficiencies will be addressed timely with the intent of correcting said deficiencies.
15. PROBATIONARY STATUS
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing an employee's work for securing the most effective adjustment of a new employee to his/her position and for rejecting any probationary employee whose performance does not meet the acceptable standards of work.
A. Original Appointments
1. Original appointments to a position within the classified service shall be subject to a probationary period of no less than one (1) year
2. The probationary period may be extended with the approval of the City Manager for a period not to exceed an additional six (6) months.
3. Failure to notify an employee in writing within one (1) year of his/her initial hire date regarding the employee’s permanent status or rejection/extension of probation will automatically result in the granting of permanent status.
B. Promotional Appointments
1. Promotional appointments shall be subject to a probationary period of twelve (12) months and may be extended by the department head for not more than three (3) months with the approval of the City Manager.
2. Failure to notify an employee in writing within twelve (12) months of appointment of rejection/extension of probation will automatically result in the employee receiving permanent status in the new position.
C. Return Rights
Promoted employees have the right to return to their former position at any time during the first month following appointment to the position.
D. Probation Extension for Absences
In the event of illness or injury requiring absence from work, the number of days absent in excess of ten (10) days shall be added to the length of the probationary period for both original and promotional probation.
E. Rejection of Probation
1. An employee may be rejected at any time during the probationary period by the City Manager without cause and without the right to appeal or to submit a grievance.
2. An employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted or to a comparable position, at no less than the rate of pay received prior to the promotion, unless charges are filed and he/she is discharged in the manner provided in Chapter 11 of the Personnel Policies.
F. Probation Employee Reviews
5.12.b
Packet Pg. 218 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 38 1. All probationary employees shall receive a collective written performance evaluation from all Appropriate officer rank.
16. GRIEVANCE PROCEDURE/DEFINITIONS
A. Grievance
A grievance shall be a written notice, filed in a timely manner, by an employee on his/her own behalf, or by the Union on behalf of one or more employees, contending that the City has violated or misapplied a term or condition of employment expressed in State law, Federal law, Memorandum of Understanding or expressed and/or written in the Personnel Rules and Regulations of the City.
B. Complaint
A complaint is defined as an employee allegation of a violation, which is not defined as a grievance or not subject to the harassment procedure.
Complaints shall be handled the same as grievances except that there is no appeal beyond the department level.
C. Representation
At each step of the grievance procedure, the employee(s) may be represented by a representative of his/her choosing.
D. Time Frames
The time frames established in the grievance procedure may be extended by mutual agreement of the employee or his/her representative and the City.
A grievance shall be barred and not considered if based upon a condition or event which occurred or existed more than fifteen (15) calendar days prior to the date on which the grievance occurs.
E. Notification
A grievance at step 2 in section F of this article shall be submitted in writing and shall include at a minimum:
Nature of the grievance
Date when the incident occurred
Description of the incident
Rule violated
F. Steps in the Grievance Procedure - If the supervisory position is vacant the corresponding step may be bypassed.
1. First Step-Informal Discussion
Employees are encouraged to discuss and resolve allegations of a grievance with their immediate supervisor within fifteen (15) calendar days of the occurrence causing the alleged grievance.
The immediate supervisor shall inform the employee verbally of his/her decision within five (5) working days of the initial discussion.
5.12.b
Packet Pg. 219 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 39 If the employee is not satisfied with the verbal response of the immediate supervisor, he/she may proceed to the next step.
2. Second Step-Immediate Supervisor (Battalion Chief)
If the grievance is not satisfactorily resolved in the first step, the grievance may be submitted in writing to the employee's immediate supervisor within seven (7) calendar days of the immediate supervisor's response in the first step.
An attempt shall be made to resolve the grievance between the employee and his/her designated representative, if any, and the immediate supervisor.
The supervisor shall deliver a written answer within seven (7) calendar days of submission of the written grievance.
3. Third Step-Intermediate Supervisor (Division Chief of Operations) If the grievance is not satisfactorily resolved in the second step, the grievance may be submitted to the immediate supervisor's supervisor, if any within the department's organization, within seven (7) calendar days after the immediate supervisor's answer is received by the employee.
After an attempt to resolve the grievance between the employee and his/her designated representative, if any, and the intermediate supervisor, if any, the intermediate supervisor shall deliver a written answer within seven (7) calendar days after submission of the grievance.
If there is no intermediate supervisor, the grievance shall go directly to the department head.
4. Fourth Step-Department Head (Fire Chief)
If the grievance is not satisfactorily resolved in the second or third step, it may be submitted in writing to the employee's department head within seven (7) calendar days after the immediate or intermediate supervisor's answer is received by the employee.
The department head shall meet with the employee and his/her designated representative, if any, within fifteen (15) calendar days after submission of the grievance to the department head.
The department head shall review the grievance and may affirm, reverse or modify the disposition made at the second and/or third step.
The department head's answer shall be delivered in writing to the employee within seven (7) calendar days after the aforementioned meeting.
5. Fifth Step-City Manager
If the grievance is not satisfactorily resolved in the fourth step, the employee may appeal the decision of the department head to the City Manager.
The appeal must be in writing and submitted within ten (10) calendar days of receiving the department head's decision.
At the option of the employee, the grievance may be submitted directly to the City Manager or to an impartial arbitrator who shall render an advisory opinion the City Manager.
The employee's written appeal shall specify which option is to be utilized. a. Appeal to City Manager
5.12.b
Packet Pg. 220 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 40 Within fifteen (15) calendar days of submission of the grievance to the City Manager, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance.
The City Manager may affirm, reverse or modify the disposition of the grievance.
The City Manager shall deliver a written decision to the employee within seven (7) calendar days after the aforementioned meeting.
This decision shall be final and binding on all parties. b. Appeal to Impartial Arbitrator for Advisory Opinion
If an employee elects to use an impartial arbitrator, the arbitrator shall be selected jointly by the employee and his/her designated representative, if any, and the City.
The arbitrator shall hold a hearing on the merits of the grievance and shall consider evidence from all parties concerned.
The arbitrator shall submit a written advisory opinion to the City Manager.
Upon receipt of advisory opinion, the City Manager shall proceed as stated in "Appeal to City Manager" above, for a final and binding decision.
The cost of the arbitrator shall be borne equally by the employee and the City.
17. DISCIPLINARY PROCEDURES
A. Application
The appointing authority shall apply necessary and appropriate disciplinary action whenever an employee fails to meet the required standards of conduct or performance.
Discipline is the enforcement of conformity to policies, rules and regulations and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct necessary to carry out the service mission of the City organization successfully.
The disciplinary action, when taken, shall be documented in such a manner as to be defendable at review and/or upon filing of a grievance or appeal by the disciplined employee.
The concept of progressive discipline shall govern the imposition of discipline.
No employee shall be disciplined or discharged without just cause.
B. Types of Actions
1. Verbal Counseling
In the event that the appointing authority determines that a deficiency in performance or conduct is not of sufficient magnitude to warrant a more formal disciplinary action, an oral counseling may be given to the employee, which should include examples of corrective actions which should be taken to improve performance or conduct in question.
A confidential, written record shall be made of such conferences with a copy provided to the employee.
This written record may not be used against an employee to determine the severity of future discipline.
5.12.b
Packet Pg. 221 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 41 An employee may request the Fire Chief to remove and permanently destroy the written record from his/her personal file after the written record has been in the file for two (2) years.
2. Disciplinary actions include written reprimands, suspensions, demotions, and dismissal as defined below:
a. Written Reprimands
A written statement from the appointing authority to a subordinate of an action, which meets any of the grounds for disciplinary action listed in these rules.
After verbal consultation, an official notification in writing by the appointing authority to the employee stating the cause(s) for dissatisfaction with his/her services and that further disciplinary measures may be taken if the cause is not corrected.
Said written record may not be used against an employee to determine the severity of future discipline if no further written reprimands are received within two (2) years of the initial written reprimand.
An employee may request the Fire Chief to remove and permanently destroy the written reprimand from his/her personnel file after the written reprimand has been in the file for two (2) years.
b. Suspension
The temporary separation of the employee from City service without pay, for disciplinary purposes and not to exceed thirty (30) calendar days in any one calendar year. c. Demotion
A change in employment status resulting in a lower rate of pay.
A demotion may involve movement from one salary step to a lower step or from a position in one class to a position in a lower paid class. d. Dismissal
The discharge of an employee from City service for disciplinary purposes by the appointing authority.
C. Causes for Disciplinary Action
The causes for disciplinary action include, but are not limited to, the following:
1. Insubordination, which shall consist of violation of any official regulation or order or failure to obey any proper directions made and given by a supervisor in the course of employment.
2. Incompetency, inability or failure to perform the duties required by the position, as well as willful neglect of official duty.
3. Gross carelessness in the discharge of assigned duties.
4. Substance abuse or consumption of alcoholic beverages during working hours or reporting to work in a state of intoxication.
5. Misconduct in office or employment.
6. Presentation or use of known false information in any manner to commit or attempt to commit fraud, or the falsification or unauthorized alteration of City documents or records.
5.12.b
Packet Pg. 222 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 42 7. Repeated tardiness, excessive absences, absence without leave, or the improper or unauthorized use of leave privileges or benefits.
8. Gambling for money or articles of value during the working day.
9. Careless, negligent, improper and unauthorized use of City equipment, property, or funds for private or personal purposes.
10. Unauthorized discussion or release of confidential informational documents or records.
11. Violation of the Personnel Ordinance or rules and regulations or a promulgated department rule, regulation or policy.
12. Unlawful use, sale, or possession of narcotics or habit-forming drugs, which impair job performance, except as prescribed by a licensed physician.
13. Refusal or failure to promptly or properly report an injury or disability arising from or in the course of employment.
14. Engaging in unauthorized or incompatible employment elsewhere or engaging in political activities during working hours.
15. Dishonesty.
16. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.
17. Immorality.
18. Discourteous treatment of the public or other employees.
19. Repeated violation of safety procedures
20. Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the City.
21. Refusal to take or subscribe to any oath or affirmation, which is required by law in connection with employment.
D. Disciplinary Procedures
The City shall abide by the Firefighter Bill of Rights (FBOR) when administering discipline.
When a permanent employee is to be suspended, demoted, or dismissed a written notice of the proposed action is to be prepared by the appointing authority, reviewed by the Human Resources Manager, and then delivered to the employee in person or by certified mail, with a timely copy provided to the Union (including notice of positive drug or alcohol tests). The written notice shall include:
1. The reasons for the proposed action.
2. The charges being considered.
3. The proposed disciplinary action to be taken.
4. A statement advising that before the proposed disciplinary action takes effect the employee may request, in writing, to meet with the department head to respond to the proposed disciplinary action. The employee shall have seven (7) calendar days from the date the proposed disciplinary action is received to request this meeting.
All charges filed against a permanent employee shall be documented in clear and concise language.
5.12.b
Packet Pg. 223 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 43 The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based, and if practicable, the employee shall be supplied a copy of the documents.
The employee is entitled to be represented at any meeting concerned with potential disciplinary action when the employee's presence is required at said meeting.
E. Notification of Decision
Within fifteen (15) calendar days after the employee has had the opportunity to respond, the appointing authority shall notify the employee of any disciplinary action to be taken and the effective date.
F. Appeal of Decision
The employee may appeal the decision within seven (7) calendar days of receiving the notification of disciplinary action.
The appeal may be made directly to the City Manager or an impartial arbitrator may be utilized to provide an advisory opinion to the City Manager.
The appeal letter to the City Manager must specify whether the appeal is to be heard by the City Manager or the arbitrator.
Advisory arbitration is an option only if the intended discipline is a suspension of greater than fifteen (15) calendar days, a demotion or a termination.
1. Advisory Arbitration
The impartial arbitrator shall be selected by the employee and designated representative and the City. The cost of the arbitrator, if any, shall be borne equally by the employee and the City.
The arbitrator shall submit a written advisory opinion to the City Manager who shall make the final and binding decision to sustain, revoke or modify the decision of the appointing authority within ten (10) calendar days of the receipt of the advisory opinion.
2. City Manager
An employee may submit the appeal directly to the City Manager.
Within fifteen (15) calendar days following conclusion of the hearing as specified hereafter, the City Manager shall make the final and binding decision to sustain, revoke or modify the decision of the appointing authority who took the disciplinary action against the employee.
3. City Council
Pursuant to the opinion of City Counsel, should the City Manager be disqualified from holding a hearing and/or rendering a final and binding decision, an advisory arbitrator shall be utilized.
The arbitrator’s advisory written opinion shall be given to the City Council for final decision.
The Council shall consider the case at its next regularly scheduled meeting.
G. Hearing
The City Manager or arbitrator shall conduct a hearing on an appeal filed in accordance with Section F. The date for the hearing shall be scheduled within twenty days of receipt of the employee's request, as provided above, to commence as soon as can be expeditiously arranged.
Written notice of the time and place of the hearing shall be given to the appellant.
5.12.b
Packet Pg. 224 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 44 The hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code of California, except that the appellant and other persons may be examined as provided in Section 19580 of said Government Code.
The affected employee (appellant) may be represented by an attorney or other representative of his/her choosing. Each party shall be given a reasonable opportunity to be heard on relevant issues, including the right to cross-examine witness.
Compliance with the technical rules of evidence applied in the courts shall not be required. Oral evidence shall be taken only on oath or affirmation.
Hearsay evidence is admissible but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Immaterial, irrelevant, or unduly repetitious evidence may be excluded.
The rules of privilege shall apply.
If appellant does not testify on his/her own behalf, he/she may be called and examined as if under cross-examination.
H. Failure of Employee to Appear at Hearing
Failure of the appellant to appear at the hearing without sufficient cause shall be deemed a withdrawal of the appeal and the action of the City Manager or department head shall be final.
I. Temporary Absence with Pay
Notwithstanding the provisions of this section, upon the recommendation of the appointing authority, the City Manager may approve the temporary assignment of an employee to the status of absent with pay pending conduct or completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken.
Such status maybe conditioned such that the employee remain available and in daily telephone contact with the employer.
18. SENIORITY
Seniority shall be determined by continuous service in the Fire Department calculated from the date of employment. Continuous service shall be broken only by resignation, discharge for cause, and retirement.
Employees with the same employment date shall be assigned to the seniority list in order of their ranking eligibility on the Hiring List.
Seniority shall prevail with respect to the choosing of vacations and such other matters within the jurisdiction of the MOU.
For the purposes of station and shift bidding, seniority within the rank classification (regardless if paramedic) shall prevail.
The City will annually provide a current alphabetical seniority list to the Union. Seniority as it relates to layoffs is discussed in section 19: LAYOFF PROCEDURE of this MOU.
19. LAYOFF PROCEDURE
A. Conditions for Layoff
5.12.b
Packet Pg. 225 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 45 The City Manager, with the concurrence of the City Council, may abolish any position or employment because of material change in duties and organization, or shortage of work or funds.
The employee holding such position of employment may be laid off without disciplinary action and without the right of appeal.
No regular employee shall be laid off until all temporary and probationary employees holding positions in the same class in the department assigned or the class in which the position is to be abolished have been laid off.
B. Notice of Layoff
Employees to be laid off shall be given at least twenty-one (21) calendar days’ notice in writing.
Such notice shall be delivered in person or by certified mail.
Employees subject to this notice shall have seven (7) calendar days to respond to their options as listed in this procedure.
C. Order of Layoff
In an affected class, employee shall be laid off in reverse order of seniority and in consideration of performance as defined below.
Seniority is determined by total amount of full-time service with the City.
Seniority shall be reduced for the purpose of the layoff procedure only, by the amount of time for which an employee received a performance evaluation evidencing an over-all performance of less than standard.
In the event two (2) or more employees have equal seniority in the affected class, such ties shall be broken on the basis of the last three (3) performance evaluations reports in that class, as determined by the City Manager.
D. Bumping Rights
An employee who is subject to layoff as a result of this procedure shall have the following rights:
1. Bump an employee with less seniority in a lower class.
2. Bump an employee with less seniority in a lower class previously held, if the class had been held within one (1) year of receiving the layoff notice.
3. This bump right is subject to the employee's last evaluation in the prior class being satisfactory or above.
4. To retain the new position, the employee must bring any single area of the last evaluation in the previous position which was below satisfactory to satisfactory or above within three (3) months.
5. Demote to a vacant position in a class previously held, if the class had been held within one (1) year of receiving the layoff notice.
This right is subject to the employee's last evaluation in the prior class being satisfactory or above within three months.
6. Accept the layoff and be placed on the Re-Employment List.
7. Any employee subject to layoff as a result of the bumping rights listed herein shall, in turn, be given the same bumping rights.
5.12.b
Packet Pg. 226 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 46 E. Re-Employment List
The names of persons laid off in accordance with these rules shall be entered on a re-employment list for one (1) year, except that persons appointed to permanent positions shall, upon such appointment, be dropped from the list.
Vacancies, which occur within one (1) year of layoff, will be offered to employees on the reemployment list in the same order in which he/she was laid off. Employees, who are qualified, pursuant to the same rules by which they were laid off, shall be offered vacancies as they occur.
It shall be the responsibility of the employee on a re-employment list to keep the City informed of his/her current address, telephone number and availability for work.
1. Notice of the opportunity of employment shall be mailed to the employee’s last known address.
2. The employee shall have seven (7) calendar days from the date of receipt to respond to the employment opportunity.
20. UNIFORM PROVISION
A. Uniforms
The City agrees to pay each regularly employed firefighter, engineer, and captain covered by this agreement, an annual uniform allowance of $925. The uniform allowance is to provide for all costs for uniform care including alterations, cleaning, repair, purchase and replacement of duty uniform clothing, and uniform-related accessories. The City shall report Uniform Allowance to the California Public Employees’ Retirement System (CalPERS) on a per pay period basis in accordance with the Public Employees’ Retirement Law (PERL) and applicable regulations.
Uniforms damaged in the line of duty may be replaced by the department upon proper application through departmental procedures.
All uniform and uniform-related items worn are to be approved and recognized by the department as proper duty uniform pieces.
It is understood by both parties to this agreement that employees are responsible to purchase additional uniforms or other authorized non-specific items which relate to the employee’s current position from their uniform allowance.
All amounts spent for uniform items in excess of the stated uniform allowance are the responsibility of the employee.
The City agrees to provide new employees at the time of appointment for the following items:
One (1) Department approved ball cap style hat
One (1) Department approved beanie cap
Two (2) Class B shirts (one short and one long sleeve)
One (1) Department polo shirt
Three (3) Class B uniform pants
One (1) pair BDU style pants
5.12.b
Packet Pg. 227 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 47 One (1) pair BDU style duty shorts
Four (4) Department approved duty T-shirts (3 short sleeve & 1 long sleeve) One (1) pair Department approved PT shorts
One (1) black leather uniform belt with Department buckle One (1) pair authorized station boots
One (1) authorized job shirt (collard sweatshirt)
One (1) Class B jacket approved by the Chief
One (1) EMS Bio jacket
Two (2) rank appropriate duty badges
Two (2) name badges
Three (3) rank appropriate pass tags
B. Upon execution of this agreement, the City shall furnish all employees hired prior to January1, 2013, with a second badge and name badge listed above.
C. After completion of the probationary period, City will pay ½ of the cost for each new hire to purchase a full Class A uniform. Such uniform shall be consistent with the current Class A uniform standards approved by the department head or designee.
D.If an employee loses or damages any items listed above due to negligence it will be at the employee’s expense to replace these items.
E. The uniform allowance will be paid in payments of equal amounts on each paycheck. The first payment for new employees will commence the first pay period following their one-year anniversary.
F. The City shall furnish all forms of personal protective clothing that may be required as a condition of employment by the City and/or State, Federal, or local safety laws, standards, rules, and regulations, and shall be applicable to all work covered by this Agreement.
G.The City shall furnish each employee with a complete set of personal protective clothing provided for use and required to be worn during certain incidents.
1. Structure turnouts consist of:
Structure helmet (black with county standardized rank appropriate tetrahedron and leather shield)
Two turnout coats with liner
Two turnout pants with liner Suspenders
Leather structure turnout boots
Structure gloves
Eye protection (goggles)
Two Nomex hoods
One (1) second stage regulator for SCBA mask
5.12.b
Packet Pg. 228 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 48 2. Wildland turnouts consist of:
Wildland helmet with shroud
Two (2) Wildland jackets
Two (2) Wildland pants
Wildland boots (lug soled with composite shank)
Wildland Gloves
Eye protection (goggles)
21. TUITION REIMBURSEMENT
Regular employees may be eligible to receive up to one thousand dollars ($1,000.00) each fiscal year towards tuition reimbursement for educational purposes, which tend to improve their ability to accomplish their city jobs, subject to approval of the City Manager or his/her designee.
For reimbursement of tuition expenses, employees must maintain at least a “B” average for those courses graded on the A, B, C, D, F scale.
For reimbursement for certificated State Fire Marshal Courses, employees must receive a passing score.
An official transcript of course(s) completed or a copy of the certificate earned must be submitted with the request for reimbursement.
22. OUTSIDE EMPLOYMENT
Employees shall not engage in outside employment or business activities, which involve such hours of work or physical effort that it would or could be reasonably expected to reduce the quality or quantity of such person’s services to the City.
Employees shall not be engaged in any outside employment that involves the performance by them of any work, which will come before them as officers or employees of the City, or under their supervision, for approval or inspection.
Employees shall not accept employment that is in conflict with provisions of Government Code Section 97000 (Conflict of Interest). Before accepting outside employment, an employee must first obtain approval from his/her Department Head.
The employee shall submit a statement to the Department head naming the prospective employer, his/her address and telephone number, and outlining the proposed duties and the hours of work.
Approval may be denied if, in the opinion of the Department head, such outside employment is incompatible with the proper discharge of the employee’s official duties and/or constitutes a conflict of interest. All such approvals shall be resubmitted prior to January 10, each year to maintain a valid continuous authorization.
Authorization for outside employment is automatically terminated whenever the outside employer and/or nature of outside employment changes from that specified on the request for outside employment approval.
When such a change occurs, employees shall apply for a new approval for outside employment as provided herein.
5.12.b
Packet Pg. 229 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022) 49 With approval of the City Manager and Department head, employees may be employed or conduct business outside City employment consistent with the limitations above.
Employees shall not make decisions nor participate in decisions affecting projects sponsored in whole or in part by people or companies they have contracted or subcontracted with. Employees shall not make decisions or participate in decisions concerning projects sponsored (in whole or in part) by people they have worked for within the past 12 months, are currently working for, or anticipate working for in the future.
23. FAIR EMPLOYMENT PRACTICE
The City of Patterson assures any technique or procedure used in recruitment and selection of employees shall be designated to measure only the job-related qualifications of applicants.
No recruitment or selection technique shall be used which, in the opinion of the Human Resources Manager, is not justifiably linked to successful job performance.
It is the policy of the City that no technique, procedure or policy in recruitment and selection shall be discriminatory to any group protected by state or federal legislation.
24. NON-DISCRIMINATION POLICY
The City shall offer equal employment to all persons without regard to race, creed, color, ancestry, sex, sexual orientation, age, gender, gender identity, gender expression, genetic information, national origin, religion, physical or mental disability, medical condition, marital status or veteran’s status.
No applicant is to be discriminated against or given preference because of these factors.
This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination and all other privileges, terms and conditions of employment.
25. SEVERABILITY
If any part of this contract is found to be unlawful or invalid, the remainder of the contract will remain in force.
The parties agree to meet and confer over substitute language for the invalidated portion.
26. PAST PRACTICES
The City agrees that practices and policies not changed by this agreement will continue during the term of the contract.
5.12.b
Packet Pg. 230 Attachment: FIRE MOU 2021-2022 Final (MOU Fire Jul 2021-Jun 2022)
1.03 Salary Salary
Range # Step A Step B Step C Step D Step E Range # Step A Step B Step C Step D Step E Fire Fighter 300 4,710.87 4,946.41 5,193.73 5,453.42 5,726.09 300 2,355.43 2,473.21 2,596.87 2,726.71 2,863.04 Fire Engineer 320 5,543.42 5,820.59 6,111.62 6,417.20 6,738.06 320 2,771.71 2,910.30 3,055.81 3,208.60 3,369.03 Fire Captain 340 6,335.34 6,652.11 6,984.71 7,333.95 7,700.64 340 3,167.67 3,326.05 3,492.36 3,666.97 3,850.32 Salary Salary
Range # Step A Step B Step C Step D Step E Range # Step A Step B Step C Step D Step E Fire Fighter - Paramedic 300 5,181.66 5,440.74 5,712.78 5,998.42 6,298.34 300 2,590.83 2,720.37 2,856.39 2,999.21 3,149.17 Fire Engineer - Paramedic 320 6,097.47 6,402.34 6,722.46 7,058.58 7,411.51 320 3,048.73 3,201.17 3,361.23 3,529.29 3,705.75 Fire Captain- Paramedic 340 6,968.67 7,317.11 7,682.96 8,067.11 8,470.47 340 3,484.34 3,658.55 3,841.48 4,033.56 4,235.23 Approved and Adopted by Council on 03/15/2022
3% Base Salary Increase
Monthly Salary Range Semi-Monthly Salary Range
International Association of Fire Fighters, Local 4577 (IAFF)
PATTERSON FIREFIGHTERS ASSOCIATION
EFFECTIVE JULY 1, 2021
Monthly Salary Range Semi-Monthly Salary Range
5.12.c
Packet Pg. 231 Attachment: Fire Salary Schedule Effective 2021.07.01 PENDING Approval 3% _03152022 (MOU Fire Jul City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: March 15, 2022
ITEM NO: 5.13
SUBJECT: Approve Resolution No. 2022- 13 Authorizing the City Manager to Submit an Application to the San Joaquin Valley Air Pollution Control District Public Benefit Grants Program.
RECOMMENDATION
Motion to Approve Resolution 2022-13 Authorizing the City Manager to Submit an Application to the San Joaquin Valley Air Pollution Control District Public Benefit Grants Program.
BACKGROUND
The Public Benefit Grant Program has been designed to meet the needs and challenges faced by Valley public institutions and provide a wide variety of clean-air public-benefit projects which will provide a direct benefit to Valley residents. The City of Patterson is an eligible applicant that is located within the geographic area of the SJVAPCD.
One of the options under this program is the New Alternative Fuel Vehicle Purchase option.
Some of the requirements for this option are: vehicles must be new, electric, hybrid, or alternative fuel vehicles; have a Gross Vehicle Weight Rating (GVWR) less than or equal to 14,000 pounds; have existing charging/fueling infrastructure or have access to existing infrastructure; be based and have at least seventy-five percent (75%) or more of the vehicle miles traveled or fuel consumption within the geographic area of the SJVAPCD; and remain under the ownership of the contracted applicant for the full term of the contract. As part of this contract, the city must commit to a three year contact period and must adhere to all program requirements during the contract/reporting period.
ANALYSIS
5.13 Packet Pg. 232
Staff has researched the viability of electric utility vehicles in the past. In October of 2017 staff purchased one (1) Plug-in Hybrid Vehicle which was assigned as a pool car for City Hall. This allowed all City Hall employees to travel throughout the City of Patterson, and Stanislaus County with little to no emissions depending on whether the gas engine was activated. City staff has secured several of these grants over the years and currently uses a 2017 model Ford CMAX vehicle that was approved and obtained through this grant program for outreach and environmental program enforcement purposes. With approval of this resolution, staff can submit an application requesting funding for the purchase of an additional hybrid vehicles. Funds are awarded on a first-come, first-serve basis utilizing regional allocations based on county population and/or other regional factors. At this time, it is anticipated that the City will need additional electric vehicles. The City is looking to purchase five (5) 2022 vehicles through this program.
FISCAL IMPACT
The maximum available amount for funding will be up to $20,000 per vehicle, with a limit of $100,000 per Public Benefit Grant Program component, per calendar year, per organization.
Therefore, staff will budget $35,000 per vehicle to include $15,000 cost-share from the city. The funds for these purchases will be included in the City’s FY 2022/23 budget.
5.13 Packet Pg. 233
1 1 RESOLUTION NO. 2022-13
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE 5 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC BENEFIT 6 GRANTS PROGRAM
7 8 WHEREAS, the City of Patterson staff identified a grant from the San Joaquin Valley 9 Air Pollution Control District (SJVAPCD) to support the purchase of a new alternative fuel 10 vehicles under a grant program eligible to public agencies throughout the San Joaquin Valley; 11 and
12 13 WHEREAS, the program is available to public agencies such as cities, counties, special 14 districts, and public education institutions located within the geographical boundaries of the San 15 Joaquin Valley Air Pollution Control District; and
16 17 WHEREAS, the District is an eligible public agency under the program, and seeks to 18 reduce the amount of air pollutants by the operation of its facilities, particularly carbon 19 monoxide and other harmful emissions from gas powered vehicles used by City employees in 20 performance of their duties; and
21 22 WHEREAS, as part of the grant requirements, reimbursement will take place after the 23 new vehicle is purchased and all of the required documents, as specified in the Public Benefit 24 Grants Program Payment Procedures, are submitted to the SJVAPCD; and 25 26 WHEREAS, a maximum of $20,000 in grant funds is available per vehicle on a first 27 come, first serve basis.
28 29 WHEREAS, THE CITY COUNCIL OF THE CITY OF PATTERSON HEREBY 30 RESOLVES as follows:
31 32 1. The above recitals are true and correct.
33 2. The City Manager of the City of Patterson, is authorized to submit a Public 34 Benefit Grants Program New Alternative Fuel Vehicle Purchase Application and 35 any other documents related to or supporting the application to the San Joaquin 36 3. The City commits to having adequate funds available to complete the purchase of 37 an alternative fuel vehicle in a timely fashion as required by the SJVAPCD. 38 4. The City commits to participate in the program as required by SJVAPCD. 39 40 NOW THEREFORE BE IT RESOLVED that the City Council of the City of Patterson 41 does hereby authorize the City Manager or his representative to sign the grant application, 42 documents, and statements in regard to the Public Benefit Grant Program. 43 44 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 45 Patterson this 15th day of March 2022, by the following roll call votes:
46 5.13.a
Packet Pg. 234 Attachment: Resolution No. 2022-13 - SJVAPCD FY 22-23 Grant Application 3-15-22 (Approve Resolution No. 2022-13 SJVAPCD public Benefit 2 1 AYES:
2 NOES:
3 EXCUSED:
4 APPROVED:
5 6
7 _____________________________________
8 Dennis McCord
9 Mayor of the City of Patterson
10 ATTEST:
11 12
13 __________________________________________
14 Aracely Alegre
15 City Clerk of the City of Patterson
16 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 17 the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, 18 State of California, at a regular meeting held on the 15th day of March 2022, and I further certify 19 that said resolution is in full force and effect and has never been rescinded or modified. 20 DATED:
21 22
23 City Clerk of the City of Patterson
24 5.13.a
Packet Pg. 235 Attachment: Resolution No. 2022-13 - SJVAPCD FY 22-23 Grant Application 3-15-22 (Approve Resolution No. 2022-13 SJVAPCD public Benefit City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: March 15, 2022
ITEM NO: 6.1
SUBJECT: Patterson Public Safety Center Design Progress
RECOMMENDATION
Patterson Public Safety Center Design Progress
BACKGROUND
The Patterson Public Safety Center (PPSC) will have a layout and design that is consistent with the downtown architecture and be located along Del Puerto Avenue, behind City Hall. The proposed PPSC will be a joint-use facility between Patterson's Law Enforcement (Administration and Operations) and the Fire Administration. This new building will be two stories to be consistent with the City Hall building and be approximately 20,000 square feet in total area.
This project is currently being designed by PBK Architects and coordination with city staff.
ANALYSIS
The design for this project began in November 2021 when project was awarded to PBK Architects. City Staff and PBK have ongoing bi-weekly meetings with Police and Fire as the design moves forward. The first part of the design process was the existing conditions assessment to plan for the new two story building layout. City staff, PBK Architects, Police and Fire reviewed the findings from the previously completed feasibility study and cohesive floor plans were generated based on these findings. The building programming and conceptual design were recently completed in March 2022. The next step will be to complete the design by early spring 2023, and estimated to start construction in summer 2023. This presentation will be to update City Council on the current status and provide City Council with an opportunity to comment on the preliminary design.
6.1 Packet Pg. 236
FISCAL IMPACT
There is no fiscal impact associated with this item.
6.1 Packet Pg. 237
City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Saadiah Ryan, Finance Director
MEETING DATE: March 15, 2022
ITEM NO: 7.1
SUBJECT: Adopt Resolution No. 2022-14 Approving City of Patterson adjustments to the Budget for the Fiscal Year 2021-22.
RECOMMENDATION
Motion to Adopt Resolution No. 2022-14 Approving City of Patterson adjustments to the Budget for the Fiscal Year 2021-22.
BACKGROUND
Staff is submitting the proposed budget adjustments based on the information we reviewed at mid-year. The adjustments include expenditure appropriations as well as revised revenue estimates.
ANALYSIS
General Fund
Today, a presentation will be made to the City Council outlining the mid-year financial review for FY 2021-22.
Revenues: Budgeted revenues are projected to end the year approximately $173,059 higher than planned, increasing the original adopted budget FY 2021-22 revenue budget of $24.23 million to $24.40 million.
Expenditures: Budgeted expenditures are projected to end the year approximately $1.84 higher than planned, increasing the original adopted budget FY 2021-22 expenditure budget of $23.35 million to $25.20 million.
7.1 Packet Pg. 238
Enterprise Fund
Revenues: Budgeted revenues are projected to end the year approximately $112,061 higher than planned, increasing the original adopted budget FY 2021-22 revenue budget of $30.77 million to $30.88 million.
Expenses: Budgeted expenses are projected to end the year approximately $380,570 higher than planned, increasing the original adopted budget FY 2021-22 expenses budget of $33.86 million to $34.24 million.
Other Funds
Revenues: Budgeted revenues are projected to end the year approximately $13.52 million higher than planned, increasing the original adopted budget FY 2021-22 revenue budget of $42.73 million to $56.26 million.
Expenditures: Budgeted expenditures are projected to end the year approximately $1 million higher than planned, increasing the original adopted budget FY 2021-22 expenditure budget of $36.78 million to $37.83 million.
No further adjustments are required for any of the City’s other funds.
The attached Resolution 2022-xxx includes Exhibit A listing all required adjustments to be incorporated in the FY 2021-22 Budget.
FISCAL IMPACT
The budget adjustment for FY 2021-22 City-wide fiscal impacts are as follows:
City wide
Adopted Budget Fund Balance FY 2021-22 $ 152,000,262
Mid Year Budget Adjustment 10,501,169
Adjusted Fund Balance FY 2021-22 $ 162,501,431
7.1 Packet Pg. 239
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RESOLUTION NO. 2022-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PATTERSON APPROVING THE FISCAL YEAR 2021-22 MID YEAR
BUDGET REVIEW REPORT AND ADOPTING ITS
RECOMMENDATIONS FOR REVISING THE FISCAL YEAR 2021-22
OPERATING AND CAPITAL BUDGETS
WHEREAS, the City is required by law to approve a budget prior to the beginning of each fiscal year, and finds it prudent to review the status of the budget at mid-year each year; and WHEREAS, the Finance Director and other City Department Heads have undertaken a thorough review and projected revenues and expenditures for the remainder of the fiscal year; and
WHEREAS, the City Council of City of Patterson has been presented with a Mid-Year Budget Review Report, and Staff recommendations; and
WHEREAS, the City Council has reviewed the Mid-Year Budget Review Report and wishes to approve and adopt the Staff recommendations; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson hereby approves and adopts the Staff recommendations included in the Mid-Year Budget Review Report presented by the City Manager.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 15th day of March 2022, by ______________, who moved its adoption, which motion was duly seconded by __________________, and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
7.1.a
Packet Pg. 240 Attachment: Resolution No. 2022-14 Mid Year Budget FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
APPROVED:
_____________________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
__________________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15th day of March 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
____________________________
City Clerk of the City of Patterson
7.1.a
Packet Pg. 241 Attachment: Resolution No. 2022-14 Mid Year Budget FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year 1 Exhibit A
CITY OF PATTERSON
Mid-Year Budget Review Report
The fiscal Year 2021-22
State of the Budget
Although the economy has some uncertainty due to the COVID-19 Pandemic, the City of Patterson remains focused on several interested new businesses that have visited our business Parks over the last year. We are also directing the American Rescue Plan funds in ways that will significantly help our City budget, bring in several new part time positions, and unfreeze positions in the Police and Fire Departments. Factors that will impact our economic strength are the online sales which, in some instances, do not provide the City with a “point-of-sale” taxable nexus. The City is still fortunate to have a more diverse revenue structure which can continue to benefit from Measure L; the ½ cents transaction and use tax over 25 years, SB1 revenue, new businesses such as the La Quinta Hotel, Love Travel Center, Grocery Outlet and Dutch Brothers Coffee.
City received the first tranch of $2.6 million from the American Rescue Plan Act grant in FY 2022 to help the City to respond, rebuild and recover from the pandemic. Currently, City is focusing on economic recovery, stabilizing the government and uplifting our communities.
City’s sales tax has performed well above expectation and projection for FY 2021. General Fund’s fund balance reserve as of June 30, 2021 is 53%. Improving the General Fund’s available fund balance to allow City staff to bring back operations to normal capacity; in staffing level, operation and maintenance costs and capital outlay.
City issued CFD 2018-1 bond and CFD 2005-1 bond in the first half of FY 2022 with total amount of $12.3 million. The bond proceeds are to be used to build infrastructures in those districts and will be spend down over 3 years.
The General Fund
The current year's Adopted Budget was conservative. Estimated revenues are lower than expenditures, maintaining the general fund balance reserve level at 30.18%, well above the GFOA recommended reserve level of 16.67%.
Mid-Year budget recommendations include an upward adjustment in revenues FEMA COVID 19 grant from California State, Fire Permit, Per Capita Grant, Sales of Surplus, Miscellaneous Revenue (Recreation programs and interest income). The total revenue budget adjustment is $173,059.
Description Amount Comments
FEMA COVID 19 grant $ 66,741 The increase is due to FEMA COVID 19 grant received from CA State Fire - Permits 43,324 The Fire permit increase is due to an increase in residential development Cal Recycle Grant - State 32,109 The increase is due to Per Capita Grant awarded in FY22 Sale of Surplus/Salvage 12,800 The increase is due to sale of surplus due to the Police Zero brand motorcycle count of 2 Youth Soccer 9,521 The increase is due to an increase in Recreation Sport events activities Swim Lessons 6,750 The increase is due to an increase in Recreation Sport events activities Interest Income 1,814 The increase is due to an increase in Interest income Total General Fund Revenue budget adjustment $ 173,059
7.1.b
Packet Pg. 242 Attachment: Exhibit A Mid Year Budget Review Report FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year 2 The recommendations for the Mid-year budget is an increase in General Fund appropriations, which includes the approved Professional Management-Mid Management Employees Association (PMMEA) Salary Schedule increase of 5% per City Council in Dec 07th, 2021, as well as the approved Part-Time Classification Salary Schedule per City Council in July 20th, 2021. Total Salary and Benefit expenditures budget adjustment upward of $1,268,461.
Department/ Division Description Amount Funding Source Comments Fire - Station 1 Fire Salary & Benefit 539,957 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Streets - Urban Forestry Streets - Urban Forestry Salary & Benefit 147,620 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Recreation Administration Recreation - Admin Salary & Benefit 74,716 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Street Maintenance Streets Salary & Benefit 70,437 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Administration Administration Salary & Benefit 68,175 General Fund - Sales tax The increase is due to new staff request - Program Manager Aquatic Center Recreation- Aquatics Salary & Benefit 52,641 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Engineering, Building & Capital Projects Engineering Building Salary & Benefit 38,310 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Administration Administration Salary & Benefit 36,939 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Finance Finance Salary & Benefit 32,585 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Community Development Planning Salary & Benefit 30,700 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Crossing Guards Crossing Guard Salary & Benefit 28,495 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Sports Park Maintenance Sports Park Salary & Benefit 28,121 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
General Fund - Administration
General Fund - Administration Salary &
Benefit 26,843
49% General FundAdmin, 15% Sewer, 14% Water, 10% Public Safety CFD 2003-1, 9%
General Fund - Park
Maint., 3% Garbage
The increase is due to new staff request - HR Analyst- 15% Sewer, 14% Water, 3% Garbage, 9% 'General Fund - Administration - Park Maintenance, 49% 'General Fund - Administration, 10% Public Safety CFD 2003-1
Hammon Senior Center
Recreation - Hammon Senior Center Salary
& Benefit 26,449 General Fund - Sales tax
The increase is due to staffing conversion of P/T to F/T Recreation Maint. Worker I
Aquatic Center
Recreation- Aquatics Salary & Benefit - Part
Time 18,878 General Fund - Sales tax
The increase is due to Part-Time Salary Increase - Recreation Staff FY21-22 approved by City Council- Agenda Report 07/20/2021 item
5.3 Hammon Senior Center
Recreation - Hammon Senior Center Salary
& Benefit - Part Time 13,645 General Fund - Sales tax
The increase is due to Part-Time Salary Increase - Recreation Staff FY21-22 approved by City Council- Agenda Report 07/20/2021 item
5.3 Crossing Guards Crossing Guard Salary & Benefit - Part Time 11,324 General Fund - Sales tax The increase is due to Part-Time Salary Increase - Recreation Staff FY21-22 approved by City Council- Agenda Report 07/20/2021 item
5.3 Building Maintenance Building Maintenance Salary & Benefit 8,010 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Park Maintenance Park Maintenance Salary & Benefit 6,491 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Code Enforcement Code Enforcement Salary & Benefit 6,263 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Teen Programs Recreation- Teen Center Salary & Benefit 6,074 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Hammon Senior Center
Recreation - Hammon Senior Center Salary
& Benefit 5,163 General Fund - Sales tax
The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Recreation Administration
Recreation - Admin Salary & Benefit - Part
Time 5,056 General Fund - Sales tax
The increase is due to Part-Time Salary Increase - Recreation Staff FY21-22 approved by City Council- Agenda Report 07/20/2021 item
5.3 General Fund- Park Maintenance
General Fund- Park Maintenance - Salary &
Benefit 4,930
49% General FundAdmin, 15% Sewer, 14% Water, 10% Public Safety CFD 2003-1, 9%
General Fund - Park
Maint., 3% Garbage
The increase is due to new staff request - HR Analyst- 15% Sewer, 14% Water, 3% Garbage, 9% 'General Fund - Administration - Park Maintenance, 49% 'General Fund - Administration, 10% Public Safety CFD 2003-1
Recreation Programs Recreation - Programs Salary & Benefit 3,352 General Fund - Sales tax The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Sports Park Maintenance Sports Park Salary & Benefit - Part Time 2,683 General Fund - Sales tax The increase is due to Part-Time Salary Increase - Recreation Staff FY21-22 approved by City Council- Agenda Report 07/20/2021 item
5.3 Recreation Sports
Recreation - Sports Salary & Benefit - Part
Time 2,671 General Fund - Sales tax
The increase is due to Part-Time Salary Increase - Recreation Staff FY21-22 approved by City Council- Agenda Report 07/20/2021 item
5.3 Teen Programs
Recreation- Teen Center Salary & Benefit -
Part Time 2,416 General Fund - Sales tax
The increase is due to Part-Time Salary Increase - Recreation Staff FY21-22 approved by City Council- Agenda Report 07/20/2021 item
5.3 Recreation Youth Development and Camps
Recreation Youth Development Salary &
Benefit - Part Time 2,045 General Fund - Sales tax
The increase is due to Part-Time Salary Increase - Recreation Staff FY21-22 approved by City Council- Agenda Report 07/20/2021 item
5.3 Recreation Programs
Recreation Programs Salary & Benefit - Part
Time 187 General Fund - Sales tax
The increase is due to Part-Time Salary Increase - Recreation Staff FY21-22 approved by City Council- Agenda Report 07/20/2021 item
5.3 Recreation Sports Recreation - Sports Salary & Benefit (4,655) General Fund - Sales tax The decrease is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Recreation Youth Development and Camps
Recreation Youth Development Salary &
Benefit (6,529) General Fund - Sales tax
The decrease is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Hammon Senior Center
Recreation - Hammon Senior Center Salary
& Benefit - Part Time (21,530) General Fund - Sales tax The decrease is due to staffing conversion of P/T to F/T Recreation Maint. Worker I
Total General Fund Salary and Benefits
Expenditure budget adjustment 1,268,461
7.1.b
Packet Pg. 243 Attachment: Exhibit A Mid Year Budget Review Report FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year 3 The General Fund appropriations budget adjustments continue to include the pool resurfacing project approved by the City Council on Oct 05th, 2021. Fire Station One 10% down payment quint ladder truck, person protective equipment and command new vehicle, adjustment upward of $176,400. Administration department new hire salaries, and Benefits adjustment upward of $122,957 for Program Manager, HR Analyst. Recreation department adjustment upward $68,450 for staffing conversion of PT to FT for Maintenance Worker I and fence/gate for vehicle storage. Public Works department adjustment upward $64,000 for Trim Palm Trees project. The General Fund total operation, maintenance and capital outlay expenditure budget adjustment upward is $576,396. Overall total General Fund expenditure adjustment is $1,844,857.
Department/ Division Description Amount Funding Source Comments Aquatic Center Improvements Expense 139,700 Aquatic Center Fee The increase is due to pool resurfacing approved by city council 10/05/2021 Item#5.9
Fire - Station 1 Vehicle 100,000 General Fund - Sales tax The increase is due to the replacement of the Quint Ladder Truck, total cost $1m. 10% is the down payment
Streets - Urban Forestry General Contract Services 64,000 General Fund - Sales tax The increase is due to trim Palm Trees on Las Palmas Avenue & Old Las Palmas Avenue. County/City Project.
Fire - Station 1 Vehicle 60,000 General Fund - Sales tax The increase is due to Command new Vehicle Sports Park Maintenance Vehicle 50,000 General Fund - Sales tax The increase is due to purchase of utility truck for the new Full Time maintenance worker.
Recreation Administration Improvement Expenses 42,000 General Fund - Sales tax The increase is due to fence/gate for vehicle storage Urban Forestry Transfer Out -Garbage 39,000 General Fund - Sales tax 30% Urban Forestry transfer out to Garbage fund 600 to fund bucket/chipper truck needed for Green Waste Diversion Program Fire - Station 1 Person Protective Equip (Fire) 13,200 General Fund - Sales tax The increase is due to Firefighter needs for safety - protection from Virus/diseases
Administration Recruitment 11,000 General Fund - Sales tax The increase is due to an increased recruitments across all departments
Teen Programs Departmental Supplies-Programs 10,550 General Fund - Sales tax The increase is due to programs budgeted for, but program supplies were not reflected in this account
Park Maintenance Departmental Supplies 10,000 General Fund - Sales tax The increase is due to purchase irrigation/landscaping materials only for Center Building.
Park Maintenance Departmental Supplies 10,000 General Fund - Sales tax The increase is due to purchase bark/compost materials only for Ward Avenue Easement.
Community Development Planning Services 8,357 General Fund - Sales tax The increase is due to due to money received from Best Development Group, that was paid by the City
Non Departmental Miscellaneous Expense 5,379 General Fund - Sales tax The increase is due to Roger Rd Repair Fire - Station 1 Overtime - Training 5,000 General Fund - Sales tax The increase is due to Team Building classes that will require additional overtime
Recreation Administration Rents & Leases - Buildings 3,210 General Fund - Sales tax The increase is due to purchase to own, which is a higher monthly price
Recreation Programs Special Events 3,000 General Fund - Sales tax The increase is due to previous budget reductions, special events were canceled such as Farm to Fork
Aquatic Center Uniform 2,000 General Fund - Sales tax The increase is due to Aquatics added sweaters and instructor apparel Total General Fund Operation,
Maintenance and Capital Outlay
Expenditure budget adjustment 576,396
Total General Fund Expenditure budget
adjustment 1,844,857
7.1.b
Packet Pg. 244 Attachment: Exhibit A Mid Year Budget Review Report FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year 4 Overall, the proposed General Fund operating budget remains balanced, despite the current year's net change being in the deficit of $797,602. However, the budget does continue to include the planned use of Fund Balances budgeted at the beginning of the year. In addition, staff factoring in the FY 2021 actual performance adjustment of $4.2 million. As a result, the budget shows fund balance totaling $8.6 million prior to moving $1.5 million to Pension Section Trust Fund account.
After the mid year budget adjustment, the General Fund’s fund balance reserve level for the end of this fiscal year is 42.41%.
All Other Funds
Enterprise Fund
Our Mid-year budget recommendation for Enterprise Fund revenue upward adjustment of $112,061 is due to an increase in new developments, transfer in from other funds to fund capital outlay.
General Fund
Adopted Budget Fund Balance FY 2021-22 $ 6,122,984
Adjustment from FY 2020-21 Per audited fund balance 4,218,314 Mid Year Budget Adjustment (1,671,798)
Adjusted Fund Balance FY 2021-22 $ 8,669,499
Description Amount Comments
Transfer In - General Fund
$ 39,000
30% Urban Forestry transfer In from general fund
to fund bucket/chipper truck needed for Green
Waste Diversion Program
New Meters - New Sites 23,683
The New Meter increase is due to the rise in new
developments
Construction Water 20,378
The Construction Water increase is due to the rise
in new developments
Transfer In - CFD2013-1 Non Residential Maintenance 13,000 10% CFD 2013-1 transfer In to Garbage to fund
bucket/chipper truck needed for Green Waste
Diversion Program
Transfer In - LMD 13,000
10% LMD transfer In to Garbage to fund
bucket/chipper truck needed for Green Waste
Diversion Program
Miscellaneous Revenue 3,000
The Misc. Revenue increase is due to deposit kept
for lost meters
Total Enterprise Fund Revenue budget adjustments $ 112,061
7.1.b
Packet Pg. 245 Attachment: Exhibit A Mid Year Budget Review Report FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year 5 The recommendations for the Mid-year budget is an increase in Enterprise Fund appropriations, almost all of which is the approved Professional Management-Mid Management Employees Association (PMMEA) Salary Schedule increase of 5% per City Council in Dec 07th, 2021, new hire Equipment Mechanic I/II, Maintenance Worker I/II, staffing conversion of P/T to F/T Environmental Compliance Specialist, Truck for Green Waste Diversion Program. The total expenditures budget adjustment is $380,570.
Fund Description Amount Funding Source Comments
Water Water Salary & Benefit $ 153,765 Water
The decrease is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Sewer Sewer Salary & Benefit 142,066 Sewer
The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Garbage Machinery & Equipment Expense 130,000
50% Garbage, 10% LMDs,
10% CFDs, 30% Urban
Forestry
The increase is due to bucket/chipper truck needed for Green Waste Diversion Program
Garbage Garbage Salary & Benefit 13,389 50% 'Garbage 50% Water The increase is due to new staffing Full-Time Equipment Mechanic I/II 50% Garbage
Water Garbage Salary & Benefit 13,389 50% 'Garbage 50% Water The increase is due to new staffing Full-Time Equipment Mechanic I/II 50% Water
Garbage Garbage Salary & Benefit 21,887 Garbage The increase is due to new staffing Full-Time Maintenance Worker I/II Garbage Garbage Salary & Benefit 26,190
Garbage - Offset with Per
Capita Grant Funds
The increase is due to staffing conversion of P/T to F/T Environmental Compliance Specialist
Garbage Garbage Salary & Benefit 21,887 Garbage
The increase is due to staffing conversion of Part-Time Maintenance Worker I to Full-Time
Sewer Sewer Salary & Benefit 8,217
49% General Fund- Admin,
15% Sewer, 14% Water, 10%
Public Safety CFD 2003-1, 9%
General Fund - Park Maint.,
3% Garbage
The increase is due to new staff request - HR Analyst- 15% Sewer, 14% Water, 3% Garbage, 9% 'General Fund - Administration - Park Maintenance, 49% 'General Fund - Administration, 10% Public Safety CFD 2003-1 Water Water Salary & Benefit 7,669
49% General Fund- Admin,
15% Sewer, 14% Water, 10%
Public Safety CFD 2003-1, 9%
General Fund - Park Maint.,
3% Garbage
The increase is due to new staff request - HR Analyst- 15% Sewer, 14% Water, 3% Garbage, 9% 'General Fund - Administration - Park Maintenance, 49% 'General Fund - Administration, 10% Public Safety CFD 2003-1 Garbage Garbage Salary & Benefit 1,643
49% General Fund- Admin,
15% Sewer, 14% Water, 10%
Public Safety CFD 2003-1, 9%
General Fund - Park Maint.,
3% Garbage
The increase is due to new staff request - HR Analyst- 15% Sewer, 14% Water, 3% Garbage, 9% 'General Fund - Administration - Park Maintenance, 49% 'General Fund - Administration, 10% Public Safety CFD 2003-1 Sewer Collections Salary & Benefit (8,532) Sewer
The decrease is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Sewer
Vegetation Management Salary &
Benefit (52,107) Sewer
The decrease is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Garbage Garbage Salary & Benefit (85,921) Garbage
The decrease is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
Garbage
Garbage Salary & Benefit - Part
Time (9,385) Garbage
The decrease is due to staffing conversion of P/T to F/T Environmental Compliance Specialist and Maintenance Worker I to Full-Time Sewer Sewer Salary & Benefit - Part Time (3,588) Sewer
The decrease is due to staffing conversion of P/T to F/T Environmental Compliance Specialist
Total Enterprise Fund
Expenditure budget adjustments
$ 380,570
7.1.b
Packet Pg. 246 Attachment: Exhibit A Mid Year Budget Review Report FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year 6 Other Funds
Our Mid-year budget recommendation revenue adjustment, mainly for the new bond proceeds from CFD 2005-1 is $7.4 million and CFD 2018-1 is $4.9 million, ARPA Grant adjustment upward of $629,014. Mello Roos Assessment Prepayment for CFD 2018-1, is adjusted upward $347,092 and CFD 2001-1 $38,633 respectively.The total revenue budget adjustment upward is $13.5 million.
Description Amount Comments
Bond Proceeds $ 7,418,637
The Bond Proceeds increase is due to the
approved new issuance of West Patt Bus. Park
CFD 2005-1 approved by the City Council Nov 02,
2021
Bond Proceeds 4,911,000
The Bond Proceeds increase is due to the
approved new issuance of CFD 2018-1 Villages of
Patterson Bond approved by the City Council Sep
21, 2021
American Rescue Relief Grant 629,014
The American Rescue Relief grant increase is due
to fund received
Mello Roos - Assessment Prepay 347,092
The Mello Roos increase is due to an increase in
tax prepay for CFD 2018-1 Villages of Patterson -
Self Help
Interest Inc-Local Oblig Bond 65,864
The interest income increase is for 2013 Heartland
Ranch
SB 325 - Non Motorized 40,365
The SB 325 - Non Motorized increase is due to the
Transportation Development Act Fund received
Mello Roos - Assessment Prepay 38,633
The Mello Roos increase is due to an increase in
tax prepay for CFD 2001-1
Reimbursements-Other Agencies 21,025
The Reimbursements increase is due to SCABA
payment
Grant Funding 17,213
The increase is due to Ninth Street improvement
grant
Administration Fee 15,000
The Admin Fees increase is due to the approved
new issuance of CFD 2018-1 Villages of Patterson
Bond
Administration Fee 15,000
The Admin Fees increase is due to the approved
new issuance of West Patt Bus. Park CFD 2005-1
Developer Reimbursement 4,566
The Developer Reimbursement increase is due to
Self Help agreement fee received
General Plan Stake Holders 2,291
The General Plan Stakeholders increase is due to
Self Help agreement fee received
Interest Income 1,142
The increase is due to an increase in Interest
income
Total Other Funds Revenue budget adjustment $ 13,526,842
7.1.b
Packet Pg. 247 Attachment: Exhibit A Mid Year Budget Review Report FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year 7 The recommendation for the Mid-year budget is an increase in Other Funds appropriations. The majority of the increases are for the Cost of Issuance (COI) for CFD 2018-1 bond and 2005-1 Series 2021 adjustment upward of $566,893. Salaries and benefits adjustment upward $209,795 for Approved Professional Management-Mid Management Employees Association (PMMEA) Salary Schedule increase of 5% per City Council in Dec 07th , 2021. The City Council Chamber upgrade of $96,000 and Principle Expense for CFD 2001-1 of $100,000. The total expenditures budget adjustment upward is $1 million.
All other fund balance after mid-year budget adjustment is $158 million.
Fund Description Amount Funding Source Comments
West Patt Bus. Park
CFD 2005-1 Costs of Issuance $ 306,000
West Patt Bus. Park CFD 2005-
1 The Cost of Issuance increase is due to the approved new issuance of West Patt Bus. Park CFD 2005-1 approved by the City Council Nov 02, 2021 CFD 2018-1 Villages of
Patterson Infrastructure
Costs of Issuance 260,893
CFD 2018-1 Villages of
Patterson Infrastructure
The Cost of Issuance increase is due to the approved new issuance of CFD 2018- 1 Villages of Patterson Bond approved by the City Council Sep 21, 2021 CFD 2003-1 Public
Safety - Fire Sta 2 Fire Station II Salary & Benefit 209,795 General Fund The increase is due to salary change effective 7/1/2021 by City Council Dec 7th, 2021 item#5.10
American Rescue
Relief Fund IT Equipment 96,000 ARPA Grant
The increase is due to the City Council Chamber upgrade, approved by City Council Dec 21st 2021 item #5.5
2001-1 West Patterson
Financing Authority -
Local Bonds Principal Expense 50,000
CFD 2001-1 Mello Roos -
Assessment Tax The Principal Expense increase is due to CFD 2001-1 Debt services CFD 2001-1 Patterson
Public Financing
Authority - Revenue
Bonds 2013 Principal Expense 50,000
CFD 2001-1 Mello Roos -
Assessment Tax The Principal Expense increase is due to CFD 2001-1 Debt services CFD 2003-1 Public
Safety - Fire Sta 2 Person Protective Equip (Fire) 13,200 General Fund - Sales tax The increase is due to Firefighter needs for safety - protection from Virus/diseases
LMD
Transfers out to Garbage 13,000 LMD
10% CFD 2013-1 transfer out to Garbage to fund bucket/chipper truck needed for Green Waste Diversion Program
CFD 2013-1 (NonResidential
Maintenance Service) Transfers out to Garbage 13,000 CFD 2013-1 10% LMD transfer out to Garbage to fund bucket/chipper truck needed for Green Waste Diversion Program
LTF - Non Motorized
Funds Non Motorized Projects- Bike Racks 10,000 Non-Motorized LTF The increase is due to purchase bike racks Landscaping
Assessment Districts
(LMD) Fuel 9,155
Landscaping Assessment
Districts (LMD) The Fuel increase is due to actuals in current year CFD 2003-1 Public
Safety - Fire Sta 2
Fire Station II Salary & Benefit 5,478
49% General Fund- Admin,
15% Sewer, 14% Water, 10%
Public Safety CFD 2003-1, 9%
General Fund - Park Maint.,
3% Garbage
The increase is due to new staff request - HR Analyst- 15% Sewer, 14% Water, 3% Garbage, 9% 'General Fund - Administration - Park Maintenance, 49% 'General Fund - Administration, Public Safety CFD 2003-1 10% CFD 2003-1 Public
Safety - Fire Sta 2 Overtime - Training 5,000 Property taxes The increase is due to Team Building classes that will require additional overtime CFD 2013-1 (NonResidential
Maintenance Service) Utilities - Storm Lift Station 3,915 CFD 2013-1 (Non-Residential
Maintenance Service) The Utilities- Storm Lift Station increase is due actual activities CFD 2018-2 Village of
Patterson (Residential
Maintenance Service) Utilities - Building 3,256
CFD 2018-2 Village of
Patterson (Residential
Maintenance Service) The Utilities- Building increase is due actual activities CFD 2018-2 Village of
Patterson (Residential
Maintenance Service) Utilities - Lights 1,275
CFD 2018-2 Village of
Patterson (Residential
Maintenance Service) The Utilities- Lights increase is due actual activities Total Other Funds Expenditure
budget adjustments $ 1,049,968
All Other Funds
Adopted Budget Fund Balance FY 2021-22 $ 145,877,278
Mid Year Budget Adjustment 12,208,365
Adjusted Fund Balance FY 2021-22 $ 158,085,643
7.1.b
Packet Pg. 248 Attachment: Exhibit A Mid Year Budget Review Report FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year 8 Overall, City's funds remain healthy, and the conservative budgeting and active management of operations successfully meet the goal of living within our means.
Discussion of Capital Budgets
The Capital Improvement Program (CIP) remains very active this fiscal year, and a substantial amount of available capital projects funds on hand from recent years are being put to work.
As is typical, some of the projects were originated in prior years while others will continue into future fiscal years. The budget policies allow unspent budgeted capital amounts to be rolled forward to the next fiscal year to simplify the accounting process.
Conclusion and Recommendations
If we remain disciplined, as the Council has directed, the City's operations will remain balanced over time.
Although we show expenditures exceed revenue in General Fund, this is not a structural deficit. Actual General Fund financial position for FY 2021 was exceptional due to sales tax performance above expectation. City is observing spending within it means to ensure that there are available funds prior to spending.
Staff recommends the Council receive the Report and adopt the Resolution approving the Report and adopting the recommendations therein.
7.1.b
Packet Pg. 249 Attachment: Exhibit A Mid Year Budget Review Report FY 2021-22 Final (Resolution No. 2022-14 Adjustments to the Budget for the Fiscal Year FY 2021
-22
Mid-Year
Budget
Review
March 15th, 2022
1 7.1.c
Packet Pg. 250 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments FY 2021-22 Mid-Year Budget Review
Presentation Outline
2 General Fund Mid-Year Budget Review
FY 2021-22 Mid-Year Adjustments
All Funds Mid-Year Budget Review
General Fund Reserve Level
New Staffing Request
Staff recommendations
7.1.c
Packet Pg. 251 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments General Fund (100) FY 2021-22 Mid-Year
Budget Review
3 General Fund Adopted Budget Mid Year Adjustment Amended Budget Revenue & Transfer In 24,230,575 173,059 24,403,634
Appropriation and Transfer Out 23,356,379 1,844,857 25,201,236 Net change in current year 874,196 (1,671,798) (797,602) FY 2021-22 Projected to Have a deficit at Year End
7.1.c
Packet Pg. 252 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments General Fund (100) FY 2021-22 Mid-Year
Budge Review, continued
General Fund budgeted revenue majority of
the upward adjustment is due to the following
revenue:
• FEMA COVID 19 Grant - Federal
• Cal Recycle grant - State
• Fire permit
General Fund budgeted expenditures majority
of upward adjustment due to the following:
• Salaries and Benefits adjustment 5% for
PMMEA bargaining unit group.
• 2 New staff for Administration
department. 1 staff for Recreation
department.
• Pool resurfacing and gate for vehicle
storage for Recreation department.
• 10% downpayment for Fire Ladder Truck
and PPE for Fire department.
• Chipper truck for green waste diversion
program.
4 7.1.c
Packet Pg. 253 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments FY 2021-22 Mid-Year Adjustments
5 Jun-22 Jun-22
Adopted Amended
Budget Budget Change
Adjustments:
Revenue and Transfers In
General Fund Revenues 24,230,575 24,403,634 173,059
Enterprise Fund Revenues 30,771,349 30,883,410 112,061
All Other Fund Revenues 42,735,928 56,262,769 13,526,842 Total Revenue 97,737,852 111,549,814 13,811,962
7.1.c
Packet Pg. 254 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments FY 2021-22 Mid-Year Adjustments
6 Jun-22 Jun-22
Adopted Amended
Budget Budget Change
Adjustments:
Expenditure and Transfers Out
General Fund Expenditures 23,356,379 25,201,236 1,844,857 Enterprise Fund Expenditures 33,861,423 34,241,993 380,570 All Other Fund Expenditures 36,782,038 37,832,005 1,049,968 Total Expenditures 93,999,840 97,275,235 3,275,395
7.1.c
Packet Pg. 255 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments All Other Funds FY 2021-22 Mid Year
Budget Review, continued
u All Other Funds budgeted
expenditures majority of the
upward adjustment is due to the
following expenditures:
• Salaries and Benefits adjustment
5% for PMMEA bargaining unit
group.
• 4 New staffs for Public Works
department.
• Cost of issuance for CFD2005-1 and
CFD2018-1 bond issuance.
• Council chamber equipment
upgrade.
7 u All Other Funds budgeted revenue
majority of the upward adjustment
is due to the following revenue:
• Bond proceeds from CFD 2005-1
and CFD 2018-1.
• American Rescue Relief Grant.
• CFD 2018-1 and CFD 2001-1 Mello
Roos prepayment of special tax.
• Construction water and water
meter for new sites due to increase
developments.
7.1.c
Packet Pg. 256 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments All Funds Mid
-Year Budget Review
8 Jun-22 Jun-22
Adopted Amended
Budget Budget Change
City wide
Revenue & Transfer In 97,737,852 111,549,814 13,811,962 Appropriation and Transfer Out 93,999,840 97,275,235 3,275,395 Net change in current year 3,738,012 14,274,579 10,536,567
7.1.c
Packet Pg. 257 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments General Fund Reserve Level after MidYear Adjustment
9 -
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
Actual
2013-14
Actual
2014-15
Actual
2015-16
Actual
2016-17
Actual
2017-18
Actual
2018-19
Actual
2019-20
Actual
2020-21
Adopted Budget
2021-22
Amended
Budget
2021-22
General Fund Reserve Level
Total City Reserve Level 16.67% GFOA Recommended Reserve Level 5% Minimum Reserve Level
7.1.c
Packet Pg. 258 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments New Staffing Request – Mid-Year Budget Review
FY2021-22
10 Comments / Purpose
Dept Name GL Account
Full-Time (FT)
/ Part-Time
(PT) / PT to FT
Funding Source
available
Surplus/(Deficit)
Position / Title
New /
Replacement /
Reclass
Total
Annual
Impact
Salary Benefits Total Salary Benefits Total
Admin 100-100-6001 FT General Fund - Sales Tax Program Manager New $ 68,175 $ 56,568 11,607 $ 68,175 - New FT Classification and salary range
approved by Council 12/07/2021- Totals
reflecting half a year impact only
Admin
100-100-6001
100-710-6001
190-405-6001
600-790-6001
605-790-6001
610-790-6001
FT
CFD 2003-1 10%, Water
14%, Sewer 15%,
Garbage 3%, GF (Park
Maint.) Sales Tax 9% ,
GF (Admin) Sales Tax
49%
HR Analyst New 54,782 22,133 9,641 31,773 16,027 6,981 23,008 Totals reflecting half a year impact only RECREATION 100-611-6001 PT to FT General Fund - Sales Tax Recreation Maint. Worker I Reclass 26,449 14,861 11,588 26,449 - $20,000 Funds Avail in PT Salaries from
100.611.6003. Position would be filled March
2022 Impact should reflect 4 months.
Public Works - Fleet
Services
610-790-6001
600-790-6001 FT 50% Water 50% Garbage Full-Time Equipment Mechanic I/II New 26,778 - 18,519 8,259 26,778 Equipment Mechanic II (Salary Range 24, Step
C) plus benefits @ 45%. This position was
included and approved in both Water Rate
Study 2017/18 and Garbage Study 2018/19.
Position would be filled March 2022 Impact
should reflect 4 months.
Public Works - Urban
Forestry
600-790-6001 FT 100 % Garbage Full-Time Maintenance Worker I/II New 21,887 - 14,861 7,026 21,887 Maintenance Worker I (Salary Range (15, Step
C) plus benefits @ 45%. This position was
included and approved in Garbage Study
2018/19
Public Works - Urban
Forestry
600-790-6001 PT to FT 100 % Garbage Part-Time Maintenance Worker I to Full-Time Reclass 21,887 - 14,861 7,026 21,887
Conversion from Part-Time to Full-Time
Maintenance Worker I (Salary Range 15, Step C)
plus benefits @ 45%. Since this is a P/T to F/T
conversion, there would be funding from P/T
Salaries available (4 Months). This position was
included and approved in Garbage Study
2018/19
Public Works -
Administration 600-790-6001 PT to FT
100% Garbage - Offset
with Per Capita Grant
Funds
Part-Time Environmental
Compliance Specialist to FullTimeReclass 26,190 - 18,061 8,129 26,190 Conversion from Part-Time to Full-Time
Environmental Compliance Specialist (Salary
Range 23, Step C) plus benefits @ 45%. Since
this is a P/T to F/T conversion, there would be
funding from P/T Salaries available (4 Months).
This position would be paid by Garbage 100%
with offset from Per Capita Grant Funds 100%
for the remainder of FY 21/22.
Total NEW STAFFING REQUESTS for 2021-2022 Mid Year Budget $ 246,147 $ 93,562 $ 32,836 $ 126,397 $ 82,329 $ 37,420 $ 119,750 General Fund FY21-22 Impact Other Funds FY21-22 Impact
7.1.c
Packet Pg. 259 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments Staff Recommendations
u Adopt a Resolution Approving the Mid-Year Operating and Capital Budget Adjustments for FY 2021-22.
11 7.1.c
Packet Pg. 260 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments 12 Questions?
7.1.c
Packet Pg. 261 Attachment: FY 2021-22 Mid-Year Budget Review Presentation Final (Resolution No. 2022-14 Adjustments City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Saadiah Ryan, Finance Director
MEETING DATE: March 15, 2022
ITEM NO: 7.2
SUBJECT: Adopt Resolution No. 2022-15 Adopting Other Post Employment Benefits (OPEB) Funding Policy.
RECOMMENDATION
Motion to Adopt Resolution No. 2022-15 Adopting Other Post Employment Benefits (OPEB) Funding Policy.
BACKGROUND
The proposed City of Patterson Pension Funding Policy (Exhibit “A”) has been developed to provide guidance in the management of the City’s Other Post-Employment Benefit Plans (OPEB). These plans, administered by the California Public Employees’ Retirement System (CalPERS) Health Program, have been established for sworn public safety (Safety) and non-sworn (Miscellaneous) personnel who have retired directly from City employment. The funding of these plans has been a significant fiscal challenge for the City for many years. As a result, the City began efforts to address the issue.
The program is currently being funding on a Pay-As-You-Go basis. This means that the City pays the portion of the retiree premiums each year from General Fund revenues. These payments are expected to increase dramatically over the next decade, as shown in the graph below.
7.2 Packet Pg. 262
ANALYSIS
Like many other Cities, City of Patterson was impacted by COVID-19 pandemic since March 2020. Cost cutting measures were adopted for FY 2020-2021 in the amount of $1.3 million. The set-aside Pension and OPEB reserves remain intact throughout the pandemic. As the City of Patterson continues to bring in new residential and commercial developments, both property taxes and sales tax have increased at an unexpected rate. City of Patterson, is fortunate to see significant increase in sales tax in the fiscal year 2020-2021, a combine effect of growth in developments and the change in sales tax reporting of one of the top sales tax producers. Based on the sales tax exceptional performance, there are available fund that could be channel to increase the Pension and OPEB reserve. Hence, staff developed OPEB Funding Policy see (“Exhibit A”).
The proposed OPEB Funding Policy would:
• outline goals to get pensions 80% funded by 2040
• stabilize future pension outlays from General Fund by setting aside money in Section 115 OPEB Trust
Upon adoption of the OPEB Funding Policy, City staff would like to move the General Fund unassigned reserve amount of $750 thousand to the Section 115 OPEB Trust Fund administered by PARS. On an ongoing basis, the City would contribute $250 thousand to the Section 115 OPEB Trust Fund each year.
FISCAL IMPACT
In the short term, adoption of this policy would increase the amount paid from the General Fund toward the City’s current OPEB liability, as shown in the graph below. In this graph, the amounts in purple are the payments for Benefit Payments made by the City, and the amounts in red are the additional contributions made to the Section 115 OPEB Trust Fund.
$0
$200
$400
$600
$800
$1,000
$1,200
2020-2021 2025-2026 2030-2031 2035-2036 2040-2041
Thousands
Benefit Payments
7.2.a
Packet Pg. 263 Attachment: Staff Report OPEB Funding 3-15-22 DRAFT v3 (Resolution No. 2022-15 Adoption of an OPEB Funding Policy.) Over time, we would expect some future savings for the City due to the difference in investment income on the money in the Section 115 OPEB Trust, as opposed to returns on internal reserves. The City Unfunded OPEB Explicit Liability is projected to decrease from $8 million in 2020 to $2 million in 2040, as shown in the graph below.
If this policy is adopted and implemented, the Funded Percentage for the City’s OPEB Explicit Liabilities is projected to increase from 0% in 2021 to 80% in 2040, as shown in the graph below.
7.2.a
Packet Pg. 264 Attachment: Staff Report OPEB Funding 3-15-22 DRAFT v3 (Resolution No. 2022-15 Adoption of an OPEB Funding Policy.) 1 2
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RESOLUTION NO. 2022-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PATTERSON ADOPTING OTHER POST EMPLOYMENT BENEFITS
(“OPEB”) FUNDING POLICY
WHEREAS, the City offers OPEB benefits in the form of retiree healthcare; and WHEREAS, the City Council desires to develop a policy for making its OPEB obligations fiscally sustainable; and
WHEREAS, the City has established a PARS Employee Retirees Trust to reserve funds to finance future retiree healthcare obligations; and
WHEREAS, the City has contracted for and received an actuarial valuation to determine an annual required contribution to move the City towards funding its retiree healthcare obligations; and
WHEREAS, City staff hereby recommends that the City Council approves and adopts the OPEB Funding Policy attached hereto as Exhibit “A”, to achieve funding of the annual required contribution in each fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson hereby approves and adopts the OPEB Funding Policy attached hereto as Exhibit “A”.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 15th day of March 2022, by _________________, who moved its adoption, which motion was duly seconded by ________________, and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
7.2.b
Packet Pg. 265 Attachment: Resolution No. 2022-15 Establish OPEB funding policy 3-15-22 (Resolution No. 2022-15 Adoption of an OPEB Funding Policy.) 1 2
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APPROVED:
_____________________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
__________________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15th day of March 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
____________________________
City Clerk of the City of Patterson
7.2.b
Packet Pg. 266 Attachment: Resolution No. 2022-15 Establish OPEB funding policy 3-15-22 (Resolution No. 2022-15 Adoption of an OPEB Funding Policy.) OPEB Funding Policy