Agenda packet, regular meeting — Patterson City Council, December 20, 2022

City of Patterson Page 1 Updated 12/15/2022 3:56 PM
Agenda
City of Patterson
City Council Regular Meeting
December 20, 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. 2022-79, and the Federal Americans with Disabilities Act.

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING IN PERSON OR 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/
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” ═══════════════════════════════════════════════════════════════ City of Patterson Page 2 Updated 12/15/2022 3:56 PM

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 your 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 may place the 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 City Commission Reports for the Months of September - November 2022 ( Parks Recreation & Beautification Commission)

5.3. Approve City Department Reports for the Months of October thru November 2022 (Public Works, Recreation & Community Services and Community Development)

5.4. Motion to Reappoint Lynn Apland to the Turlock Mosquito Abatement District Board of Trustees to Continue as the City's Representative on the Board (Term of December 2022 thru December 2024)

5.5. Authorize Council Member Alves to conduct a public forum concerning public safety.

5.6. Approve the American Federation of State, County, and Municipal Employees (AFSCME) Local 10 Memorandum of Understanding Effective July 1, 2022, through June 30, 2025, and Corresponding Salary Schedule

5.7. Approve the Patterson Management and Mid-Management Employee Association (PMMEA) Memorandum of Understanding (MOU) Effective July 1, 2022 through June 30, 2025, and Corresponding Salary Schedules City of Patterson Page 3 Updated 12/15/2022 3:56 PM

5.8. Approve the Part-Time Salary Schedule Effective January 1, 2023

5.9. Approve the proposal from Bellecci & Associates for the Pedestrian Controlled Crosswalk Safety Project and authorize staff to enter into a negotiated Consultant Agreement with a not to exceed cost of $91,433.

5.10. Approving the Response to the Findings and Recommendations of the Approval of the Stanislaus Civil Grand Jury Report Titled – “The Future of Urban Water Supply and Demand. Case #22-07GJ”

6. City Staff Reports

6.1. City Attorney - Consider Resolution No. 2022-85, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

Staff Report: City Attorney Hallinan, City Manager Irwin Council: Motion to Consider Resolution No. 2022-85, Adopt Resolution No. 2022-85, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment Environment.

7. City Council Reports
A. Selection of a Councilmember and Mayor to work in close liaison with the Patterson Unified School District.

B. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) C. Councilmember Romero
D. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) E. Councilmember Roque
F. Mayor Clauzel

8. City Council Items

8.1. Selection of 2022 - 2023 Mayor Pro Tem
(Previously Councilmember Farinha)

8.2. Selection of Councilmember to Interview with the Mayor the Applicants to the Various City Commissions and Boards.
*Planning Commission (Term Expire in February 2023 for 3 Members) (Previous Interview Panel: Former Mayor McCord and Mayor Pro Tem Farinha) City of Patterson Page 4 Updated 12/15/2022 3:56 PM
*Parks, Recreation & Beautification Commission (Term Expires in May 2023 for 3 Members) (Previous Interview Panel: Former Mayor McCord and Mayor Pro Tem Farinha) *Economic Strategic Commission (Terms Expire in April 2023 for 3 Members) (Previous Interview Panel: Former Mayor McCord and Councilmember Alves) *Senior Center Board of Directors (Terms Expire in January 2023 for 3 Members) (Previous Interview Panel: Former Mayor McCord and Former Councilmember Homen) *Turlock Mosquito Abatement District (4 Year Term, Expires for the Patterson rep. December 2026)

8.3. Selection of Stanislaus County of Government (StanCOG) Policy Board (Mayor Primary, Former Councilmember Homen was the Alternate)

8.4. Selection of City Council Representative to the Various Agencies:
a. League of California Cities (LOCC) - Primary Representative and Alternate(s):
(Primary is Normally the Mayor, Mayor Pro Tem Farinha is the 1st Alternate, Former Councilmember Homen was the 2nd alternate)
b. Westside Heath Care Task Force:
(Primary is Councilmember Alves, Former Councilmember Parham was the Alternate) c. Workforce Development Board
(Currently Mayor Pro Tem Farinha, Councilmember Alves is the Alternate) d. Stanislaus Homeless Alliance
(Primary it was Former Councilmember Homen, Councilmember Alves is the Alternate) e. Stanislaus County Economic Development Action Committee (EDAC) (Primary it was Former Councilmember Parham, Mayor Pro Tem Farinha is the Alternate) f. Stanislaus County Hazardous Waste Advisory Committee, Council Representative and Alternate (Primary it was Former Councilmember Parham, Former Mayor McCord was Alternate)
g. San Joaquin Valley Air Pollution Control District Governing Board (Primary it was Former Councilmember Homen, Councilmember Alves is the 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 Dec. 15, 2022.

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) 895-8012 Email [email protected] City Council Agenda Report
TO:

FROM:

BY:

Mayor Clauzel and Members of the City Council
Ken Irwin, City Manager
Aracely Alegre, City Clerk
MEETING DATE: December 20, 2022
ITEM NO: 5.2
SUBJECT: Approve City Commission Reports for the Months of September - November 2022 ( Parks Recreation & Beautification Commission)

RECOMMENDATION
Motion to Approve City Commission Reports for the Months of September - November (Parks, Recreation & Beautification Commission)

5.2 Packet Pg. 5
September 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 Vacant Term: May 2021-2023
Commissioner Adolfo Virgen Term: May 2022-2024
Commissioner Oscar Roman Term: May 2021-2023
Commissioner Renelle Layfield Term: May 2022-2024
Commissioner Gabriela Hernandez Term: May 2021-2023
Parks & Recreation & Beautification Commission Meeting:

The regular meeting for August 17, 2022 was not held due to lack of quorum. The agenda items are listed below.

1. Downtown Revitalization Committee

2. Water Fountain Discussion

3. Parks and Recreation Master Plan Presentation
Agendas & Minutes can be located on the city website under the agenda center.

The next regular meeting will be scheduled for September 21, 2022.

5.2.a
Packet Pg. 6
Attachment: September - Novemember 2022 Parks Rec Report (City Commission Report) October 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.

The regular meeting for September 21, 2022 was held. The agenda items are listed below.

1. Welcome new Commissioners

2. Downtown Revitalization & Master Plan Update Presentation

3. Water Fountain Discussion
Agendas & Minutes can be located on the city website under the agenda center.

The next regular meeting will be scheduled for October 19, 2022.

5.2.a
Packet Pg. 7
Attachment: September - Novemember 2022 Parks Rec Report (City Commission Report) November 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 November and updates for previously approved projects.

The regular meeting scheduled for November 16, 2022, was held via zoom. The agenda items are listed below.

1. Water Fountain Discussion

2. Patterson-Westley Chamber Christmas Parade

3. Dog Park Improvements

4. Commission Powers and Duties

5. Activities for Teens
Agendas & Minutes can be located on the city website under the agenda center.

A special meeting is scheduled for December 14, 2022, at 5:30 p.m. The meeting will be held in person in the City Council Chambers. The regular meeting scheduled for December 21, 2022, has been cancelled.

5.2.a
Packet Pg. 8
Attachment: September - Novemember 2022 Parks Rec Report (City Commission Report) City Council Agenda Report
TO:

FROM:

BY:

Mayor Clauzel and Members of the City Council
Ken Irwin, City Manager
Aracely Alegre, City Clerk
MEETING DATE: December 20, 2022
ITEM NO: 5.3
SUBJECT: Approve City Department Reports for the Months of October thru November 2022 ( Public Works, Recreation & Community Services and Community Development)

RECOMMENDATION
Motion to approve the City Department Reports for the Months of October thru November 2022 ( Public Works, Recreation & Community Services and Community Development)

5.3 Packet Pg. 9
1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”

MONTHLY STAFF REPORT
October 2022
Administration & Environmental Compliance Division
 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 has been awarded to BOBO Construction. The project is currently under construction. The city completed the required first site inspection with the State Water Resources Control Board on July 27, 2022. This site inspection was held virtually. The first three disbursement requests have been submitted to the State.
 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 has been finalized and the project was awarded, and the Contractor (Flowline Inc.) has started the project.  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. The impact fee study is complete, and staff will be presenting the item to Council for approval of new proposed fees soon.
 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 soon. The Downtown Visioning and Master plan was presented to the Parks, Recreation and Beautification Commission on September 21, 2022. The item will be coming to City Council for approval in the month of November.  Staff completed a streetlight survey city-wide in an effort to repair any lights that are not working. The goal is to be proactive to help increase public safety throughout the community. All lights should be working, except for four that require major repairs. Park have also been audited and repaired and should all be on.  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 is working on Public Outreach & Education programs that addresses Water Conservation, Recycling, Stormwater Pollution Prevention, and FOG. Currently the City has a Water Conservation Booth at the end of every month to help promote Cash for Grass, Toilet Retrofit, and plumbing retrofits to help the community conserve water. In addition, staff promotes these programs through community events. A booth is placed in front of City Hall at the end of every month to promote water conservation program.

5.3.a
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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 2 Grant Writing & Administration
 South Park Per Capita Grant: Staff is working with California Consulting and applied 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.  SB 1383 Local Assistance Grant: Awarded $33,872 to help fund additional staff. Staff will be working on SB 1383 compliance tasks.
 SB 1383 Ordinance 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, any commercial organization that is not in compliance with the state recycling mandate will be auto enrolled in the city’s recycling program in 2022.  Shred-it/Community Yard Sale event for the community is scheduled for November 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.

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 requirements. This new requirement is looking at the effects 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 that 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.
 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,

5.3.a
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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 3 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 tabletop 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 proposals were obtained and are currently under review. A contract will be awarded to Stantec Consulting 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 2022. 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 was adopted and released recently. Staff will be trained on this new permit requirements and continue to enforce these regulations as required for all construction projects.
 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- 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.

5.3.a
Packet Pg. 12
Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 4 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 requirement. Ongoing meetings are being held on a regular basis. A total of 20 cities are partnering to comply with Pyrethroids management requirements.  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 in 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 has been awarded for construction. o WM-1B (Kinshire) Waterline Replacement Project. Project was awarded and is currently under construction.
o Ward Avenue Sewer Lift Station Rehabilitation Project. This project is currently in design.

5.3.a
Packet Pg. 13
Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 5 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.

October 2022 Water Production
Well Production
2 15,152,000
4- NP 1,509,000
5 29,218,000
6 0
7 0
8 360,774
9 24,298,000
11 47,627,000
KeystoneNP 11,000
FloragoldNP 15,150,800
TOTAL 133,326,574
Number of Follow-ups: 2
Number of Warning/Violations: 71
Number of Penalties: 3
Water Service Connection Requests: 95
Water Service Connection Turnoffs: 88
Water Work Orders: 66
Committees & Commission
Parks & Recreation and Beautification Commission:
 The commission did not meet due to a lack of quorum. The commissioners present expressed interest in conducting a special meeting and they were instructed on the steps necessary for the request. The next regular meeting will be scheduled for Oct. 19, 2022.

Safety (JEMSAC) Committee: The committee held its monthly meeting on November 16, 2022.

5.3.a
Packet Pg. 14
Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 6 Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
 Encroachment Permit = 11
 Fire Hydrant Use Permits = 3
 Livescan = 0
Streets/Collections Division
Work Orders: Streets/Sidewalks = 13 Alleys/Garbage = 0 Collections = 3 Seasonal Tasks:
 Storm drain maintenance.
 Repaired potholes throughout the city.
 Performed sewer maintenance.
 Performed sidewalk repairs.
 Performed pressure washing of sidewalks downtown
 Installed new traffic channeling devices on Ward Ave. at Salado Ave.

Electrical Division
Work Orders: Streetlights = 16
Seasonal Tasks this Month:
 Repaired streetlights throughout the city.
 Reviewed Electrical/SCADA plans for Engineering.
 Continued upgrades at the WQCF.
 Installed upgrades to the SCADA system pertaining to reporting.  Installed necessary appliances at the Corporation Yard.

Urban Forestry Division
Work Orders: Urban Forestry: 52
Seasonal Tasks this Month:
 Performed tree maintenance.
 Addressed requests for service.

Parks, Landscape & Building Maintenance Divisions
Park Reservations: All parks are currently closed to reservations and are on a first come first serve basis.

Work Orders: Building Maintenance: 2 Parks: 14
Seasonal Tasks & Projects:
 Continued maintenance of all parks and easements.
 Focused on maintenance pruning in LMDs.
 Performed routine maintenance at City Hall.

5.3.a
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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 7 Fleet Services Division
Number of PW equipment repaired/serviced: Number of PW equipment repaired/serviced:
47 Public Works, Recreation and Community Service vehicles and 2 Fire vehicles.

Water Quality Control Facility (WQCF)

MONTHLY FLOWS AND AVERAGES - OCTOBER 2022
OCTOBER 2022 INFLUENT SPOD* NPOD* AIPS

TOTAL FLOW,
MG/ month

53.815 23.999 24.715 0.000
AVG FLOW, MGD 1.785 .857 .883 .000
HIGH FLOW, MGD 1.894 1.084 1.140 .000
LOW FLOW, MGD 1.578 .641 .707 .000
Total Capacity,
MGD

2.25 1.25 .800 .200
* SPOD- South Plant Oxidation Ditch (new)              * NPOD- North Plant Oxidation Ditch (old) Alarms/Callouts:

Alarms = 198
Callouts =3
Seasonal Tasks:

1. AIPS back online.

1. Process control under adjustment for current weather conditions.

2. Continue Annual PM work.

3. Washer compactor back online.

4. North plant aerator #2 fixed back online.

LABORATORY RESULTS
OCTOBER 2022
Avg.

BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal
Influent 230 80 * 7.22 * * * * * *
Effluent. 4.6 2.7 1200 7.34 1850 .41 1.2 1.6 220 330
* Not required

5.3.a
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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”

MONTHLY STAFF REPORT
November 2022
Administration & Environmental Compliance Division
 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 has been awarded to BOBO Construction. The project is currently under construction. The city completed the required first site inspection with the State Water Resources Control Board on July 27, 2022. This site inspection was held virtually. The first three disbursement requests have been submitted to the State.
 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 has been finalized and the project was awarded, and the Contractor (Flowline Inc.) has started the project.  Staff have 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. The impact fee study is complete, and staff will be presenting the item to the Council for approval of the new proposed fees soon.
 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 the Council for approval soon. The Downtown Visioning and Master plan was presented to the Parks, Recreation and Beautification Commission on September 21, 2022. The item will be coming to the City Council for approval in the month of November.
 Staff are working along with other departments and the 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 are working on Public Outreach & Education programs that address Water Conservation, Recycling, Stormwater Pollution Prevention, and FOG. Currently the City has a Water Conservation Booth at the end of every month to help promote Cash for Grass, Toilet Retrofit, and plumbing retrofits to help the community conserve water. In addition, staff promote these programs through community events. An outreach and education booth is set up at the end of every month at City Hall to promote water conservation programs.

5.3.a
Packet Pg. 17
Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 2 Grant Writing & Administration
 South Park Per Capita Grant: Staff is working with California Consulting and applied 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.  SB 1383 Ordinance 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, any commercial organization that is not in compliance with the state recycling mandate will be auto enrolled in the city’s recycling program in 2022.  The Shred-it/Community Yard Sale event for the community was held November 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.

Storm Water Pollution Prevention Program
 The city is currently partnering with twenty-three other Phase II agencies to address the State orders received to comply with the CV Pyrethroid TMDL and Baseline stormwater quality monitoring requirements. This new requirement is looking at the effects 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 that 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 twenty agencies have agreed to participate in this effort. The first kickoff meeting was held on 11/4/21. The City of Patterson is taking the lead agency on this effort.  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 to comply with. Staff will be working closely with Engineering and storm drainage consultant firms to

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 3 begin working on tabletop 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 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. The expectation is to install capture systems to the extent not cost-prohibitive.

Staff have submitted their Track (Track 1) option and Preliminary Jurisdictional Map to the State via the SMARTS electronic system and have 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 proposals were obtained and are currently under review. A contract will be awarded to Stantec Consulting 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 2022. 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 was adopted and released recently. Staff will be trained in these new permit requirements and continue to enforce these regulations as required for all construction projects.
 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- 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:

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 4 • 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 requirement. Ongoing meetings are being held on a regular basis. A total of twenty cities are partnering to comply with Pyrethroids management requirements.  These are the main projects which Public Works and Engineering are focusing on. These projects include:
o Staff continue 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 in 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.

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 5 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.

November 2022 Water Production
Well Production
2 15,490,000
4- NP 0
5 23,020,000
6 0
7 0
8 6,930,431
9 33,947,000
11 2,164,000
KeystoneNP 0
FloragoldNP 5,247,900
TOTAL 86,799,331
Number of Follow-ups: 8
Number of Warning/Violations: 65
Number of Penalties: 0
Water Service Connection Requests: 61
Water Service Connection Turnoffs: 45
Water Work Orders: 66
Committees & Commission
Parks & Recreation and Beautification Commission:
 The commissioners discussed interest in upgrading the dog park and/or moving it to the front of the sports park. Additionally, they discussed duties and rules for commission members, a possible teen center and more activities for teens. Commission meetings have been via zoom but will now begin to be in person beginning with a special meeting in December before the holidays. A special meeting earlier in the month to avoid being so close to the holidays has been approved for December 14, 2022. This meeting will be held in person.

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 6 Safety (JEMSAC) Committee: The committee held its monthly meeting on November 16, 2022.

Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
 Encroachment Permit = 1
 Fire Hydrant Use Permits = 0
 Livescan = 0
Streets/Collections Division
Work Orders: Streets/Sidewalks = 12 Alleys/Garbage = 0 Collections = 4 Seasonal Tasks:
 Storm drain maintenance.
 Repaired potholes throughout the city.
 Performed sewer maintenance.
 Performed sidewalk repairs.
 Performed pressure washing of sidewalks downtown
 Installed new traffic channeling devices on Ward Ave. at Salado Ave.

Electrical Division
Work Orders: Streetlights = 6
Seasonal Tasks this Month:
 Repaired streetlights throughout the city.
 Reviewed Electrical/SCADA plans for Engineering.
 Continued upgrades at the WQCF.
 Installed upgrades to the SCADA system pertaining to reporting.  Installed necessary appliances at the Corporation Yard.

Urban Forestry Division
Work Orders: Urban Forestry: 43
Seasonal Tasks this Month:
 Performed tree maintenance.
 Addressed requests for service.

Parks, Landscape & Building Maintenance Divisions
Park Reservations: All parks are currently closed to reservations and are on a first come first served basis.

Work Orders: Building Maintenance: 2 Parks: 5
Seasonal Tasks & Projects:
 Continued maintenance of all parks and easements.
 Focused on maintenance pruning in LMDs.

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 7  Performed routine maintenance at City Hall.

Fleet Services Division
Number of PW equipment repaired/serviced: Number of PW equipment repaired/serviced:
48 Public Works, Recreation and Community Service vehicles and 4 Fire vehicles.

Water Quality Control Facility (WQCF)

MONTHLY FLOWS AND AVERAGES – NOVEMBER 2022
NOVEMBER 2022 INFLUENT SPOD* NPOD* AIPS

TOTAL FLOW,
MG/ month

54.578 24.64 24.796 0.000
AVG FLOW, MGD 1.785 .857 .883 .000
HIGH FLOW, MGD 1.894 1.084 1.140 .000
LOW FLOW, MGD 1.578 .641 .707 .000
Total Capacity,
MGD

2.25 1.25 .800 .200
* SPOD- South Plant Oxidation Ditch (new)              * NPOD- North Plant Oxidation Ditch (old) Alarms/Callouts:

Alarms = 245
Callouts =6
Seasonal Tasks:

1. AIPS back online.

1. Process control under adjustment for current weather conditions.

2. Continuing Annual PM work.

3. Washer compactor back online.

4. North plant aerator #2 fixed back online.

LABORATORY RESULTS
NOVEMBER 2022
Avg.

BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal
Influent 230 110 * 7.09 * * * * * *
Effluent. 5.2 2.7 1100 7.29 2010 .27 12 12 250 320
* Not required

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 1 Recreation & Community Services Department
Monthly Staff Report
October 2022
October fall programming includes many youth
sports and activities. We are so fortunate in 2022,
to have received $10,000 in youth Scholarship
funds through the Boyett Make Dreams Real Grant
to support youth recreation scholarships. The
grant criteria include a youth service project that
each recipient needs to complete if awarded a
scholarship. This October, two siblings created
artwork to hang in the recreation office and the
Hammon Senior Center to bring a holiday and
festive decoration to the facilities. And bring a
smile to the faces of our participants. Excellent
job, Alonzo & Raphael!!
Youth Sports
Patterson Recreational Youth Soccer has finished its 2022 season! We finished with 220 participants and 21 amazing volunteer coaches. While working on skills at practice throughout the week, participants played a total of 9 games! Our 16, three- to five-year-old cheerleaders had so much fun this October in our Smart Start Cheer class. This class is designed to teach basic cheer skills including basic tumbling, kicks, dance, and CHEERS! Smart Start Football taught 15 three- to five-year-old children the fundamentals of football. Both the kids and the adults had so much fun pulling flags, passing, catching, running, and learning! TEENS:

YAC: YAC continues to meet weekly at the HSC to plan teen nights, and volunteer opportunities. YAC Board members meet Tuesdays for team building, and to discuss and plan the agenda for the general YAC meetings on Wednesdays. YAC meetings have between 15-20 youth involved each week. Board members are not only responsible for planning the agenda, but they also run the general meeting encouraging members to participate, develop creative team building games, and taking the minutes of each meeting.

Intergenerational Grant: YAC also is partnering with the Hammon Senior Center for an intergenerational grant for the Stanislaus County Area Agency on Aging. YAC members will be planning and running, games, activities for local HSC participants.

YAC members will also be assisting in the marketing and seeking of sponsorships for these monthly events.

Teen Night: YAC members planned the October Teen night. The Teen Night was held on October 20, 2022, from 6-8 pm at the Hammon Senior Center. YAC members led

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 2 games and activities for teens, provided snacks and drinks for a fun safe evening. There was also a costume party for those who attended if they chose to participate.

Program Title Teen Outdoor Experience Grant: The recreation department received the California State Parks Outdoor Equity Grant. This grant can provide 45 teens an opportunity to get out in nature at different state parks, explore environmental and nature career opportunities, plan volunteer service-learning projects and trips, empower young women in the outdoors and conduct learning service projects. Staff is currently finalizing details of the program calendar including trip locations, and guest speakers. Registration is set to begin in December or January.

Staff received the opportunity to go to the California State Parks – Outdoor Recreation Leadership. This training helped to teach staff how to lead teens through a camping trip, team building activities, and the opportunity to explore nature.

There was a total of 38 recreation professionals at the training, which also provided networking opportunities for Patterson staff.

Aquatics:

Floating Pumpkin Patch
The floating pumpkin patch went well, and the Aquatics team enjoyed serving the community at this event. Participants were able to pick up a pumpkin, receive treats for playing games, and decorate the pumpkins they chose from the floating
pumpkin patch. Smiling faces were all around at this event and this will be an annual event moving forward!

Dog Day Out:

Excited and happy dogs were ready to play in the Patterson Aquatic Center as the pool was transformed into the best dog park around. Dogs were able to get treats, play with tennis balls and socialize with other dogs.

Patterson High School Water Polo
Water Polo came to an end and the city was proud to work with the school district to provide the resources and pool space needed for the kids and coaches. The city will continue to work with the school district to provide resources for the kids to thrive in their league.

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 3 CPR/AED/First Aid Classes
The Patterson Aquatic Staff will be teaching Adult & Pediatric CPR/AED/First Aid/ classes with the first class on 11/2. We take pride in providing opportunities to the public to help community members be better prepared for emergency situations.

Hammon Senior Center
Besides the normal classes and activities there were a number of special events during the month of October at the Hammon Senior Center.

Among these special events, a trip to the Chicken Ranch Casino took place.

Forty-four older adults took part in this trip for a day of playing with the one-armed bandits!
Another highlight was the Senior Spooktacular, the annual Halloween Party. This event had a DJ with dancing, costume and pumpkin decorating contest as well as a variety of food. Forty-eight people were registered for the event, but a total of 39 showed up for the event.

Another class that has become extremely popular is the Fabric Plates class.

This class began monthly, and it became so popular that it is now offered twice a month. Both these classes typically fill up with a waiting list! The Health Insurance Counseling and Advocacy Program (HICAP) also had their annual Medicare Forum. There were over 12 vendors and 40 people in attendance at this event.

Another event was the Senior Sunshine Breakfast a prelude to the Taste of Patterson grant program. The Sunshine Breakfast had 29 in attendance. The grant program will allow the Hammon Senior Center to serve 500 meals to seniors during the upcoming months. With food insecurity such a major concern since the pandemic, this program will be instituted at an opportune time.

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 1 Recreation & Community Services Department
Monthly Staff Report
November 2022
Recreation staff have been working hard to prepare the Spring Activity Guide, January – April, 2023. Programs have been planned to engage tiny tot – Adults with activities, events and sports that teach skills development, keeps them active and healthy, provides socialization and needed life support and fun. Guides have been delivered to all Patterson households and staff are prepared to begin registrations.

Youth Sports
Smart Start Basketball has started! There are 25 three- to five-year-old’s learning the basics of basketball including dribbling, shooting, and moving with the ball! There is lots of fun and laughter at the games and the youth thoroughly enjoying themselves.

Our older 49er Flag Football Prep division was invited by the 49ers to participate in the half time show for one of the 49er home games. They greeted the New Orleans Saints, helped with the anthem, and played a short flag football game during half time.

Skateboarding
Patterson wrapped up the last skateboarding lesson on 11/16. This pilot program had full participation and a full waitlist. We are hoping to continue the community partnership with Village Skate and continue to expand and grow the program.

Aquatics:

The Aquatics Team is preparing for this upcoming season by hosting a Lifeguarding Instructor class that will better expand the team’s knowledge and create more opportunities for certification by giving internal staff the training to create more lifeguards and more extensive training in the fundamentals of lifeguarding. Additionally, the team is focusing on the recruitment process and creating more opportunities for access to the public with the Lifeguarding hiring events that will take place in February.

CPR/AED/First Aid Classes
Patterson Aquatic Staff is hosting 3 classes in CPR/AED/ and First Aid for Adults and Pediatrics in the months of November and December to help the community gain more
skills and knowledge about what to do during emergencies.

We plan on continuing these classes internally and externally throughout the year to provide the City Staff and community members more opportunities to be prepared and learn lifesaving skills. .

YAC: YAC (Youth Action Commission) participants are planning for the Holiday season. They are working on a YAC Holiday social, as well as volunteering at multiple holiday events. There were 9 participants that volunteered at the Community Thanksgiving Dinner, and 8 that volunteered at the Candy Cane Hunt with the Grinch event. YAC is also

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 2 planning an Essentials drive for the month of December. The Recreation office will be the drop-off location. All donations received will go to the HOST House and Naomi’s House.

October Teen Night: Due to the holidays there was no teen night in November.

YAC members are planning for a January Teen Night and have many new ideas for Patterson teens to come and participate.

Patterson Teen Outdoor Experience Grant: The Teen outdoor Experience is in full planning mode and staff are putting together the final curriculum for the program. Staff have also been meeting with partners and community members and receiving assistance on some fun, and educational trip, speaker and activity ideas.

This program is focused on youth aged 12 – 17 years and will provide equity for youth to engage in the outdoors through speakers, environmental exploration, wilderness trips and leadership development.

The registration for the community will open online on 12/17/2022.

There will be two community workshops/open houses at the beginning of January, and a kickoff meeting mid-January. February will be our first month of meetings and trips for this grant program.

Hammon Senior Center
November began the holiday season at the Hammon Senior
Center and the facility has been decorated for a variety of events. Membership currently stands at 515 members.

Although seasonal declines in attendance are expected,
numbers stayed consistent throughout the month.

Some highlights include: Another casino trip took place, and 51 older adults attended that event. The Patterson Family Resource Center provided the highlight of the month with a Thanksgiving meal. Some 300+ people of all ages attended this event. People of all ages enjoy the Thanksgiving meal A new class began called “Mindful Mornings” which focuses on mental health. This is being taught by a college student for his internship through California State University Stanislaus. One class that was removed from the schedule was Zumba Gold. The sponsors for that program are reevaluating their marketing strategies and because of that are no longer paying for the instructor. There are already plans to replace this class with a Salsa Dancing class soon!

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) October 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 October and updates for previously approved projects.

Planning Commission Meetings
On October 27, 2022, the Planning Commission met to consider the following items:

1. Architectural & Site Plan Review #22-06, Conditional Use Permit #22-07 – 201 Poppy Avenue - Mini-Storage
Consideration of a new self-storage facility, at 201 Poppy Avenue, a 4.73 acre lot. The facility would include approximately 77,000 square feet of building space, mostly for storage buildings, along with an office/caretaker residence building. The project would include oneand two-story buildings with storage units of varying sizes, including some temperaturecontrolled units, and security gates and cameras. The Planning Commission approved this item with a 5-0 vote.

2. Architectural & Site Plan Review #22-05, VOP 2.1, Lot 14 (continued) Consideration of 98 townhouse units developed within 28 three and four-unit buildings. The project is located east of North First Street and south of the extension of English Birch Avenue in the Villages of Patterson area, APN #047-059-005. Structures are located closer to the street with all of the off-street parking located along the southern edge of the site. The site plan includes 196 on street parking spaces. The applicant is also requesting the use of 39 on-street parking spaces toward the total number of spaces required under the Patterson Municipal Code.

The site plan also includes a 1,525 square foot clubhouse, a pool, and outdoor recreation area.

The project is located within the Villages of Patterson Master Plan area and is considered consistent with the Villages of Patterson Environmental Impact Report. The Planning Commission continued discussion of this item to the November 17th Planning Commission meeting.

The next regularly scheduled meeting will be held on November 17th, 2022 at 7:00 PM.

Master Plan Update
The Transportation Master Plan will be presented to the City Council in the near future.

The Parks and Recreation Master Plan will be presented to the City Council in the near future.

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) Status update for major projects approved during 2022
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 – Construction underway
- Water Office Restaurant – A&SP #22-01, 22 N. Del Puerto Ave. – Approved - Southern Tire Mart – A&SP #21-09, Conditional Use Permit #21-10, 2275 Sperry Ave. – Approved
- Sun Valley Industries #2 – A&SP #22-02, S. Rogers Road - Approved - Apricot Vet Clinic – A&SP #22-03, Conditional Use Permit #22-04, S. Rogers Road – Approved
Conditional Use Permits
- AT&T Wireless Tower - CUP #20-03, Negative Declaration #21-02, Centennial Park – Pending City Council approval
- Outdoor Event Venue – CUP #21-11, 125 Poppy Avenue – Approved - Joanne’s Daycare – CUP #22-03, 838 Norfolk Avenue – Approved - McDonald’s Drive Thru Remodel – CUP #22-02, Architectural & Site Plan Review #22- 04, 1001 Sperry Avenue – Approved
- Scott Davis Used Car Sales – CUP #22-06, 317 S. 2nd Street - Approved 0 1
2 3
4 5
6 7
8 9
10 11
A&SP
CUP
FM
LLA
PD
RZN
TPMTSM
P/A
ORD
VAR
Major Projects
Applications previously approved
in 2022
Applications approved in October
Applications in Progress
Complete Applications

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) General Plan Amendments
- Rogers Road Retail and Business Park – GPA/Rezone #22-01, west of Rogers Road - Approved
Lot Line Adjustments
- 2985 Renzo Lane – LLA #22-01 – Approved
- Buzz Oates and Rogers Road LLC – LLA #22-02 - Approved Planned Developments
- Sperry Commercial Park, Phase 2 – PD #21-01, Tentative Parcel Map #22-01, South Rogers Road – 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, withdrawn
• 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, approved
• 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 – On hold • Love’s Travel Center, A&SP #19-07, CUP #19-07, Sperry Avenue and Rogers Road – Construction 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. – Approved
• Del Lago Mini Golf and Family Fun Center, CUP #17-05, A&SP #17-04, Annamarie Ave – Approved
• 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
• McShane Companies A&SP 07-04 (Phase 3) – Approved

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 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 – nearing completion
• Clayton Shire – construction underway
• Camden Shire – construction underway
• Triplexes – construction 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: Monthly Report October - November 2022 FINAL (Monthly Department Reports) November 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 November and updates for previously approved projects.

Planning Commission Meetings
On November 17, 2022, the Planning Commission met to consider the following items:

1. Architectural & Site Plan Review #22-05, VOP 2.1, Lot 14 (continued) Consideration of 98 townhouse units developed within 28 three and four-unit buildings. The project is located east of North First Street and south of the extension of English Birch Avenue in the Villages of Patterson area, APN #047-059-005. Structures are located closer to the street with all of the off-street parking located along the southern edge of the site. The site plan includes 196 on street parking spaces. The applicant is also requesting the use of 39 on-street parking spaces toward the total number of spaces required under the Patterson Municipal Code.

The site plan also includes a 1,525 square foot clubhouse, a pool, and outdoor recreation area.

The next regularly scheduled meeting will be held on December 15th, 2022 at 7:00 PM.

Master Plan Update
The Transportation Master Plan will be presented to the City Council in the near future.

The Parks and Recreation Master Plan will be presented to the City Council in the near future.

Status update for major projects approved during 2022
Architectural & Site Plan Reviews
- Chipotle Restaurant - A&SP #21-10, Sperry Avenue, east of Ward Avenue – Nearing completion
- Water Office Restaurant – A&SP #22-01, 22 N. Del Puerto Ave. – Site work underway - Southern Tire Mart – A&SP #21-09, Conditional Use Permit #21-10, 2275 Sperry Ave. – Approved
- Sun Valley Industries #2 – A&SP #22-02, S. Rogers Road - Approved - Apricot Vet Clinic – A&SP #22-03, Conditional Use Permit #22-04, S. Rogers Road – Approved

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Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) Conditional Use Permits
- AT&T Wireless Tower - CUP #20-03, Negative Declaration #21-02, Centennial Park – Pending City Council approval
- Outdoor Event Venue – CUP #21-11, 125 Poppy Avenue – Approved - Joanne’s Daycare – CUP #22-03, 838 Norfolk Avenue – Approved - McDonald’s Drive Thru Remodel – CUP #22-02, Architectural & Site Plan Review #22- 04, 1001 Sperry Avenue – Approved
- Scott Davis Used Car Sales – CUP #22-06, 317 S. 2nd Street – Approved - Mini-Storage – CUP #22-07, Architectural & Site Plan Review #22-06, 201 Poppy Ave. - Approved
General Plan Amendments
- Rogers Road Retail and Business Park – GPA/Rezone #22-01, west of Rogers Road - Approved
Lot Line Adjustments
- 2985 Renzo Lane – LLA #22-01 – Approved
- Buzz Oates and Rogers Road LLC – LLA #22-02 - Approved Planned Developments
- Sperry Commercial Park, Phase 2 – PD #21-01, Tentative Parcel Map #22-01, South Rogers Road – Approved
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

5.3.a
Packet Pg. 34
Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 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, withdrawn
• 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, approved
• 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 – On hold • Love’s Travel Center, A&SP #19-07, CUP #19-07, Sperry Avenue and Rogers Road – Nearing completion
• 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. – Approved
• Del Lago Mini Golf and Family Fun Center, CUP #17-05, A&SP #17-04, Annamarie Ave – Approved
• 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
• 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 – nearing completion
• Clayton Shire – construction underway
• Camden Shire – construction underway
• Triplexes – construction underway

5.3.a
Packet Pg. 35
Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) 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.

5.3.a
Packet Pg. 36
Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports)

COMMUNITY DEVELOPMENT
Department Update: November 2022
Villages of Patterson Lot 14 Townhouses
At the most recent Planning Commission meeting, the Commission approved a new 98-unit townhouse project to be located at east of North First Street and south of the future extension of English Birch Avenue. The project also includes a clubhouse and pool area. Parking areas would be shaded by solar power generating canopies.

5.3.a
Packet Pg. 37
Attachment: Monthly Report October - November 2022 FINAL (Monthly Department Reports) City Council Agenda Report
TO:

FROM:

BY:

Mayor Clauzel and Members of the City Council
Ken Irwin, City Manager
Aracely Alegre, City Clerk
MEETING DATE: December 20, 2022
ITEM NO: 5.4
SUBJECT: Motion to Reappoint Lynn Apland to the Turlock Mosquito Abatement District Board of Trustees to Continue as the City's Representative on the Board (Term of December 2022 thru December 2024)

RECOMMENDATION
Motion to Reappoint Lynn Apland to the Turlock Mosquito Abatement District Board of Trustees to Continue as the City's Representative on the Board (Term of December 2022 thru December 2024)

BACKGROUND
The Turlock Mosquito Abatement District provides year-round services to residents of Stanislaus County by providing effective and environmentally sound mosquito control and prevention of mosquito borne diseases.

The Turlock Mosquito Abatement District is governed by an eight member Board of Trustees.

These members are local residents from cities such as Patterson, Ceres, Hughson, Newman and Turlock and are appointed by their City Councils and the Board of Supervisors of Stanislaus County. Meetings are held on the third Monday of every month at 7:00 p.m. at the District office, located at 4412 North Washington Road in Turlock. The term of office for Board Members is four years.

Mr. Apland has been a member of the Board for the last six years, and is requesting to be reappointed to the Turlock Mosquito Abatement District for the term of December 2022 thru December 2024.

FISCAL IMPACT

5.4 Packet Pg. 38
There is no fiscal impact associated with this item.

5.4 Packet Pg. 39
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5.4.a
Packet Pg. 40
Attachment: Application for Appointment or Reappointment (Mosquito Abatement Reappointment) When are you available to attend this commission/committee/board regular and/or special meetings? inil ifJr
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P.O. Box 667
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Patterson, CA 95363
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5.4.a
Packet Pg. 41
Attachment: Application for Appointment or Reappointment (Mosquito Abatement Reappointment) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: December 20, 2022
ITEM NO: 5.5
SUBJECT: Authorize Council Member Alves to conduct a public forum concerning public safety.

RECOMMENDATION
Motion to Approve Council Member Alves to conduct a public forum concerning public safety and the Neighborhood Watch program.

BACKGROUND
At the council meeting of December 6, 2022, Council Member Alves requested an item be agendized, authorizing her to conduct a public forum concerning public safety, particularly the Neighborhood Watch program. The forum would be done in collaboration with Chief of Police Clayton.

ANALYSIS
Public safety is of utmost importance to the City Council, staff, and the community. The Police Department continually provides first-class service to the community, however, in order for police to do their job, they require information and more importantly help from the community.

Citizens are a valuable resource to law enforcement and Neighborhood Watch is one of the effective ways to help law enforcement deter crime.

The Public Forum date will be advertised when an exact date is scheduled and will be announce at the next Council meeting.

FISCAL IMPACT
There is no fiscal impact associated with the public forum.

5.5 Packet Pg. 42
City Council Agenda Report
TO:

FROM:

BY:

Mayor Clauzel and Members of the City Council
Ken Irwin, City Manager
Marie Guillory Jones, Director of Human Resources
MEETING DATE: December 20, 2022
ITEM NO: 5.6
SUBJECT: Approve the American Federation of State, County, and Municipal Employees (AFSCME) Local 10 Memorandum of Understanding Effective July 1, 2022, through June 30, 2025, and Corresponding Salary Schedule.

RECOMMENDATION
Motion to Approve the American Federation of State, County, and Municipal Employees (AFSCME) Local 10 Memorandum of Understanding effective July 1, 2022, through June 30, 2025, and corresponding salary schedule.

BACKGROUND
The collective bargaining agreement between the City of Patterson and AFSCME expired on June 30, 2022. The parties have met and conferred over the past six months, contract negotiations have concluded, and a tentative successor agreement has been reached. In addition, AFSCME membership ratification of the negotiated agreement has occurred. The proposed MOU is now presented to City Council for final approval.

ANALYSIS
The following highlights the significant provisions agreed to by the negotiating parties with no budget impact:
· Three (3) year contract effective July 1, 2022, through June 30, 2025 · Section 3 - Unit Defined: Updated title changes recommended by the recently approved Classification Study.

5.6 Packet Pg. 43
· Section 7P - Maintenance Worker III: Added alternative testing requirements for promotion from Maintenance Worker II to Maintenance Worker III, as agreed to during last contract period. Only employees with twelve or more years of full-time service with the City of Patterson may be eligible.
· Section 11A - Holidays and Leaves: Added two city observed holidays, Juneteenth and any one-time holiday proclaimed by the President of the United States or the Governor of California (example - a national day of mourning).
· Section 26A - Career Ladders: Update titles to reflect title changes only.

The following highlights the significant provisions agreed to by the negotiating parties with budget impact:
· Section 7A - Cost of Living Adjustments:

Year 1 - (5%) effective July 1, 2022
Year 2 - (3% -5%) effective July 1, 2023; based upon consumer price index and availability of funds
Year 3 - (3% - 5%) effective July 1, 2024; based upon consumer price index and availability of funds
· Section 7B - Equity Increases: Phased in over the three-year contract period, for all employees that are below market, subject to availability of funds.

Year 1 - Up to 5% adjustment, for classifications that are below market median.

Years 2 and 3 - Remaining equity adjustment to be divided equally between years 2 and 3 of contract, for classifications that are more than 5% below market median. · Section 21 - Tool Allowance: Increased tool allowance from $600 per year to $900 per year. Submission of purchase receipts are required to receive annual tool allowance. · Section 22 - Safety Shoe Allowance: Increase from $75.00 to $100.00 for annual safety shoe allowance and increase from $175.00 to $250.00 for annual steel toed shoe allowance for specified classifications.

5.6 Packet Pg. 44

FISCAL IMPACT
Over the next three years (July 1, 2022 to June 30, 2025), this Agreement is projected to increase the labor costs for AFSCME represented employees as follows:

As part of the approved FY 2022 annual budget, some assumptions were made to account for the potential cost of negotiated increases. Adjustments will be made to the FY 2022 mid-year budget to account for the remaining costs. Appropriation for the remining provisions of the contract will be included in future annual fiscal year budgets.

ATTACHMENTS
• MOU between AFSCME Local 10 and City of Patterson and incorporated salary schedule Salary Benefits Total General Fund Other Funds Total
AFSCME $ 949,106 $ 105,427 $ 1,054,533 $ 475,654 $ 578,878 $ 1,054,533 Salary & Benefits Fund Breakdown

5.6.a
Packet Pg. 45
Attachment: Continued report - FISCAL IMPACT-AFSCME MOU 2022-2025 (MOU AFSCME 2022 - 2025)

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF PATTERSON

AND THE

AMERICAN FEDERATION OF STATE,

COUNTY, AND MUNICIPAL EMPLOYEES
Local 10
July 1, 2022 – June 30, 2025
Approved by Council December 20, 2022

5.6.b
Packet Pg. 46
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 2 MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF PATTERSON

AND THE

AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES
Local 10

TABLE OF CONTENTS

1. TERM OF AGREEMENT...................................................................................................... 3

2. RECOGNITION..................................................................................................................... 3

3. BARGAINING UNIT DEFINED............................................................................................. 3

4. MANAGEMENT RIGHTS ..................................................................................................... 3

5. SCOPE OF AGREEMENT.................................................................................................... 4

6. EMPLOYER-EMPLOYEE RELATIONS ............................................................................... 4

7. SALARY/COMPENSATION ................................................................................................. 7

8. HEALTH AND WELFARE BENEFITS................................................................................ 15

9. RETIREMENT..................................................................................................................... 20

10. WORK HOURS................................................................................................................... 22

11. HOLIDAYS AND LEAVES ................................................................................................. 23

12. SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE................................................. 25

13. LEAVES.............................................................................................................................. 28

14. FILLING VACANCIES........................................................................................................ 30

15. PERFORMANCE EVALUATIONS...................................................................................... 32

16. PROBATIONARY STATUS................................................................................................ 32

17. GRIEVANCE PROCEDURE/DEFINITIONS........................................................................ 33

18. DISCIPLINARY PROCEDURES......................................................................................... 35

19. LAYOFF PROCEDURE...................................................................................................... 40

20. UNIFORM PROVISION ...................................................................................................... 42

21. TOOL ALLOWANCE / INSURANCE - EQUIPMENT MECHANIC ..................................... 42

22. SAFETY SHOE ALLOWANCE........................................................................................... 42

23. MEAL ALLOWANCE.......................................................................................................... 43

24. OCCUPATIONAL HEALTH AND SAFETY........................................................................ 43

25. COMMERCIAL DRIVERS LICENSE.................................................................................. 43

26. CAREER LADDERS........................................................................................................... 44

27. FAIR EMPLOYMENT PRACTICE ...................................................................................... 44

28. NON-DISCRIMINATION POLICY....................................................................................... 44

29. SEVERABILITY.................................................................................................................. 44

30. PAST PRACTICES............................................................................................................. 44

31. OUTSIDE EMPLOYMENT.................................................................................................. 45

32. PATTERSON VOLUNTEER FIREFIGHTERS.................................................................... 45

33. TUITION REIMBURSEMENT ............................................................................................. 46

34. BILINGUAL PAY ................................................................................................................ 46

35. LONGEVITY PAY............................................................................................................... 47

36. TRAINING........................................................................................................................... 47

5.6.b
Packet Pg. 47
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 3 MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF PATTERSON

AND THE

AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES
Local 10

1. TERM OF AGREEMENT
This Memorandum of Understanding (MOU) shall be in full force and effect for a three-year period commencing on July 1, 2022, and ending at midnight on June 30, 2025.

2. RECOGNITION
The City of Patterson (hereinafter "the City") recognizes AFSCME Local 10 (hereinafter "the Union") as the exclusive representative for labor relations purposes of all regular and probationary employees in the Miscellaneous Bargaining Unit.

3. BARGAINING UNIT DEFINED
The Miscellaneous Bargaining Unit includes the following classifications: Accounting Assistant, Accounting Technician, Administrative Assistant l/ll, Assistant Planner, Code Enforcement Officer I and II, Electrical and Instrumentation Technician l and ll, Electrician Crew Leader, Environmental Compliance Specialist, Equipment Mechanic Crew Leader, Equipment Mechanic I and II, Fire Prevention Inspector, Permit Technician I and II, Public Works Inspector I,II and III, Public Works Maintenance Worker l, ll, and lll, Recreation Coordinator I and II, Recreation Maintenance Worker l, ll, and lll, Senior Accounting Assistant, Senior Code Enforcement Officer, Wastewater Operator I, II, and III, Wastewater Operator in Training, Water Operator I, II, and III, and Water Operator in Training.

4. 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; and to change or eliminate existing methods, equipment or facilities. The City agrees in the exercise of the management functions to comply with the provisions of this Memorandum of Understanding. The above enumeration of management rights is not inclusive and does not exclude other management rights not specified, nor shall the exercise or

5.6.b
Packet Pg. 48
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 4 non-exercise of management rights retained by the City be construed to mean that any right is waived.

5. SCOPE OF AGREEMENT
This agreement is the result of the negotiation over all mandatory subjects of bargaining within the Union’s scope of representation, is complete and in itself and embodies the parties’ entire agreement. This agreement supersedes and replaces any agreement or letters of understanding executed prior to its effective date.

The parties agree that this section shall apply only to matters which are not covered in this contract.

The parties recognize that it may be necessary for the City to propose a change in an area within the scope of negotiation, the City shall meet and confer with the Union on the proposed change.

The parties shall undertake negotiations regarding the proposed change to the employees, where the subject matter of the change is within the scope of representation pursuant to the MMBA.

Any agreement resulting from such negotiations shall be executed in writing and shall become an addendum to this contract.

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 City Manager or his/her designee, at reasonable intervals during regular business hours of the City. Copies of personnel file contents will be provided without cost to the requesting party. Employees will be notified if a member of the public request’s information from the employee's file.

B. Access to Work Sites
The Union Representative may access City work sites, following notice to the City Manager or his/her designee, 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 the operations of the City.

The presence of the Union Representative on a job site shall not be considered a disruption when the Union Representative has given 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 Miscellaneous Unit.

5.6.b
Packet Pg. 49
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 5 D. Confidential/Management Designation
The City agrees to meet and confer with the Union prior to establishing any Local 10 represented position as confidential or management.

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 if such contracting out would displace a regular employee of the bargaining unit. 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.

F. Department Rules
The Union shall receive a copy of all department rules existing as of 7/1/92.

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. Job Stewards
The bargaining unit is authorized to have two job stewards, one of whom shall serve as a lead 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 not disrupt the operations of the City. Investigations by the job steward shall not be considered a disruption if the job steward has notified his/her immediate supervisor of his/her intent to conduct the investigation. 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 could lead to disciplinary action.

H. Negotiators
The bargaining unit is authorized to have four negotiators. The Union agrees that only one negotiator from any one job classification will meet with the City at a given time. This limitation does not apply to the Maintenance Worker classifications.

The negotiators will be allowed paid time off for the purpose of meeting with the Union’s business agent to discuss negotiations and contract issues under the following conditions: Up to three (3) hours in any one workweek with a cumulative maximum of twelve (12) hours of paid time off will be allowed. Paid time off may be denied if the time off would unduly interrupt the operations of the City.

I. 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.

5.6.b
Packet Pg. 50
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 6 J. No Strike/No Lockout
The parties agree there will be no strikes and no lockouts during the term of the MOU.

K. Notice of New Hires
The City agrees to notify the Union of new hires to the bargaining unit, by name, within five days of hire.

L. Payroll Deductions
The City agrees to use payroll deduction for Union dues contributions to the Union political action committee "PEOPLE", and for Union-sponsored insurance premiums, without charge to the Union or the Union member. The Union shall provide appropriate forms to authorize such deductions.

M. Posting Union Information
The Union may post information at job site bulletin boards. Posted materials shall not be obscene, defamatory, or 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. A copy of posted information shall be forwarded to the City Manager or designee.

N. 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.

O. Union Security
Each month, the Union shall be provided a report showing a list of all bargaining unit members, listed alphabetically, including an itemization of the monies deducted from dues paying members. The City shall deduct Union dues and other authorized deductions from member’s paychecks and will forward said deductions to the Union within 10 days, following each payday. Employees are not required to join the Union. All employees, who elect to become members of the Union, shall pay all required Union dues to the Union each month, through payroll deduction.

The Union agrees to defend, indemnify and hold harmless the City and its employees or agents, other than in cases of City negligence or misconduct, against claims of whatever nature arising out of said deductions or use of the deduction report.

Employees employed in a classification assigned to the bargaining unit represented by AFSCME Local 10 may either:

5.6.b
Packet Pg. 51
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 7 1. Join the Union and pay Union dues;

2. Remain a non-member.

Employees may join the Union any time during the year.

P. Provision of Information to the Union
The City agrees to provide budget-related information to the Union without charge.

Q. Paid Time for Union Meetings
Union members shall be allowed to attend Union meetings on paid time under the following conditions: The number of Union meetings cannot exceed six (6) in each year of the MOU. No Union member will be paid for more than one hour of attendance at each meeting. Not more than one meeting can be held in any one week. The Union shall notify the City of the date and time of each meeting.

Attendance at Union meetings may be denied to individual Union members if the time off would unduly interrupt the operations of the City.

7. SALARY/COMPENSATION
A. Effective July 1, 2022, all employees of the bargaining unit will receive a five percent (5%) base salary increase.

B. Cost of Living Adjustments (COLA):

Effective July 1, 2022, all Unit employees shall receive a 5% base pay salary increase. The pay increase shall be processed the first full pay-period after the MOU is approved by Council.

Effective July 1, 2023, all Unit employees shall receive a minimum COLA of 3%.

In addition, all Unit employees are eligible to receive, subject to availability of funds provision D. below, a cost of living adjustment for amounts in excess of 3% equivalent to the percent change in the consumer price index for the period February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), for amounts in excess of 3% but not more than 5%.

Effective July 1, 2024, all Unit employees shall receive a minimum COLA of 3%.

5.6.b
Packet Pg. 52
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 8 C. Equity Increases (Subject to Availability of Funds Provision D below):

1. In addition to the COLA above employees in classifications up to 5% below market median shall receive an equity adjustment to bring them to market median, prior to COLA implementation in year 1.

2. In addition to the COLA above employees in classifications more than 5% below market median shall receive 5% year 1 in addition to COLA. The remaining equity adjustment shall be divided equally and implemented over years 2 and 3 of the agreement.

Example: An employee that is 10% below market would receive the following equity adjustments:
• Year 1 5%
• Year 2 2.5%*
• Year 3 2.5%*

3. The year 1 salary schedule, attached, contains the equity and COLA adjustments for all Unit classifications as of July 1, 2022. Updated salary schedules for July 1, 2023, and July 1, 2024, will be prepared when the COLA and Equity adjustments are determined each year pursuant to the terms above.

D. Availability of Funds: - For years 2 & 3 of MOU any increase in excess of 3% but not more than 5% in accordance with the CPI provision above and equity adjustments pursuant to the compensation study shall be subject to the availability of funds criteria below:

1. In years 2 and 3 of this agreement, for each one percent (1%) increase in the local sales tax revenue rounded to the nearest one-half percent (.5%), base wages may be increased by one-half of the percentage rounded to the nearest one-quarter percent (.025%), beyond the minimum COLA of 3%. (Examples: A revenue increase of 4% will support a total CPI increase of up to 5%, 2% beyond the minimum COLA of 3%.

A revenue increase of 0% will yield a CPI increase of 0% beyond the minimum COLA of 3%.)

2. In years 2 and 3 of this agreement the maximum total CPI increase supported using this formula shall be five percent (5%) based on a four percent (4%) increase in local sales tax revenue.

5.6.b
Packet Pg. 53
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 9 overall fiscal condition and reach a determination on whether salary increases, COLA or Equity adjustments, can be implemented during the upcoming fiscal year in a way that does not create an undue financial hardship on the City. If the increase is denied, the parties agree that the City Manager’s decision on this matter shall be final and not subject to any form of appeal.

E.Shift Differential
Any member of the bargaining unit assigned to work a shift which begins between 6:00 PM and 4:59 AM shall receive a ten percent (10%) wage differential for any time actually worked between these times. Payment received as shift differential shall be considered as base for retirement calculation purposes.

F. On-Call Compensation
On-call assignments shall be for a seven (7) consecutive day period beginning and ending at 4:00 PM on Tuesdays. Such seven (7) day assignments shall receive compensatory time in the amount of two (2) hours on weekdays and four (4) hours on weekends and regularly observed City holidays. Maximum accumulation of compensatory time, without the written approval of the City Manager, is eighty (80) hours, after which the time earned will be paid.

Additionally, employees assigned to on-call duty who live within the City limits of Patterson may take a City vehicle home to help improve response times to emergencies.

G.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 leaves their place of residence and ends when the employee leaves the corporation yard.

H.Holiday Call-Back Compensation on Selected Holidays
For the following holidays, call-backs are compensated with a three-hour minimum, but otherwise subject to the conditions of regular call-back:

Thanksgiving Day, day after Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Day.

I. Out-of-Class Compensation
Employees formally designated by the City Manager as performing the duties of a higher class due to vacation, illness, leave, vacancy, or when dictated by the needs of the City, for a period of more than eighty (80) regularly-scheduled working hours, shall receive out-of-class pay equivalent to the minimum salary rate for that position such that the minimum adjustment would be at least five

5.6.b
Packet Pg. 54
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 10 percent (5%) above the employee's current salary. Out-of-class status shall be retroactive to the first day and subject to no additional benefits.

J. Overtime
An employee shall receive overtime pay at the rate of time and one-half of the employee's regular rate of pay for all hours worked in excess of forty (40) hours in the work week. Overtime shall be paid in accordance with the requirements of the Fair Labor Standards Act. However, at the employee's request and at the City's option, the employee may be granted compensatory time at the rate of time and one-half. Compensatory time off shall not exceed a total of eighty (80) hours without the written approval of the City Manager.

All hours worked shall be counted for the purpose of calculating overtime compensation.

An employee may be required to work more than eight (8) hours each day or more than forty (40) hours each week under the following conditions:

1. The Department Head shall first determine which employee(s) are qualified to perform the work.

2. The Department Head shall then offer the work to the qualified employee(s) in order of their seniority.

3. If an insufficient number of employees voluntarily accept the offer of work, the Department Head may require the employee(s) to work in inverse order of their seniority.

K. 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. Any employee assigned the responsibility of supervision over other employees shall remain at a higher salary step than all subordinate employees whom they supervise.

L. 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.

M.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.

5.6.b
Packet Pg. 55
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 11 N. Certificate Pay and Education Incentives
Effective upon approval of this MOU by the City Council, the following special compensation rates shall be effective. It is the intent of the parties that these compensation items shall be special compensation includable in final compensation for pension purposes, and that this MOU will be made publicly available as required under 2 CCR 571.

The following incentives are available to employees within this bargaining unit.

Those employees who are required through their job description to maintain a listed license, certificate or degree are not eligible for that incentive.

A. Certificate Incentives:

1. Maintenance Worker I and Maintenance Worker II:
i. Water Distribution Operator I 1%
ii. Water Distribution Operator II 1%
iii. Water Treatment Operator I 1%
iv. Water Treatment Operator II 1%
v. Certified Backflow Prevention Tester 1%
vi. ISA Certified Arborists 2%
vii. ISA Certified Arborists/Utility Specialist 2%
viii. ISA Certified Municipal Specialist 1%
ix. ISA Certified Tree Worker/Aerial Specialist 2%
x. ISA Board Certified Master Arborist 2%
xi. Certified Landscape Irrigation Auditor 2%
xii. Landscape Industry Certified Horticultural Tech 2% xiii. Certified Playground Inspector 1%

2. All Mechanics:
i. Any four Automotive Service Excellence (ASE) certificates for Automobiles. 1%
ii. Any second four ASE certificates for Automobiles 1% iii. Any three ASE certificates for Trucks 1%
The California Brake Certificate will also count toward one of the qualifying certifications in either the automobile or truck area if not already obtained and included as one of the ASE certificates.

3. Maintenance Worker or Waste Water Treatment Plant Classifications:
i. Any Water or Waste Water Treatment
Plant Certificate which exceeds that
required by the minimum requirements
listed in the Job Description. Only
certifications by State Water Resources
Control Board or State Department of
Public Health will be accepted. 1%

5.6.b
Packet Pg. 56
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 12 4. Waste Water Treatment Plant Classifications:
i. Lab Analyst Certification 1%
ii. Wastewater Collections System
Operator – Grade I 1%
iii. Environmental Compliance Inspector 1%
iv. Industrial Waste Treatment Plant Operator 1%
v. Plant Maintenance – Grade I 1%
vi. Plant Maintenance Mechanical Tech 2, 3, 4 1%
vii. Plant Maintenance Electrical/Instrumentation 1%

5. Maintenance Worker III:
i. Any Water or Waste Water Treatment
Plant Certificate, which exceeds that
required by the minimum requirements
listed in the Job Description. Only
certifications by State Water Resources
Control Board or State Department of
Public Health will be
accepted. 1%
ii. Cross Connection Specialist 1%

6. Maintenance Worker classifications:
i. Qualified Applicator License (QAL). 1%
ii. Arborist or Certified Tree Worker 2%

7. Maintenance Worker classifications in the Recreation and Community Services Department:
i. Certified Playground Inspector 1%
ii. Certified Landscape Irrigation Auditor 2%
iii. Landscape Industry Certified Horticulture Tech 2%

8. All Classifications:
i. Arborist or Certified Tree Worker. 2%
ii. CPR Instructor License (No more than one employee at any given time will receive this certification pay) 1%
iii. ISA Certified Arborist 2%
iv. ISA Certified Arborist/Utility Specialist 2%
v. ISA Certified Municipal Specialist 1%
vi. ISA Certified Tree Worker/Aerial Specialist 2%
vii. ISA Board Certified Master Arborist 2%
The maximum incentive pay an employee can receive for qualified certificates is 4%.

B. Education Incentives:

5.6.b
Packet Pg. 57
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 13 i. Associate Degree from an accredited college
or university

1.5 %
ii. Bachelors’ Degree from an accredited college
or university
3 %
The above incentive pay only applies to those employees who have degrees that exceed the minimum qualifications, or the desirable qualifications listed in the job description for the position. (For example, the Assistant Planner would not be eligible for this incentive pay since the position requires a Bachelors’ Degree.)
The maximum incentive pay an employee can receive for the qualified degree is 3%.

The maximum incentive pay an employee can receive for the combination of qualified certificates and degree is 6%.

O. Compensation for Training Time

1. All time for attendance at training/testing during regular work hours will be compensated as regular time worked. Attendance at conferences and workshops which take place outside the normal work shift will not be compensated as overtime.

2. When employees are required to attend training/testing to fulfill the requirements of their job descriptions (or are required to attend by the Department Head) during off-duty hours or weekends, the time actually spent in such training shall be compensated as time worked.

3. Training/testing attended by employees which is not required by the City shall not be compensated as time worked. However, the fee for the class or training may be compensated in accordance with City policy.

4. Time spent in traveling to and from required trainings/testing shall be compensated regardless of whether the travel time falls during the employee’s regular work hours.

P. Maintenance Worker III Classification

1. A Maintenance Worker II will be promoted to Maintenance Worker III when the minimum requirements of the position have been met and the employee has a current (not more than one year old) satisfactory or above performance evaluation. The minimum requirements are memorialized in the job description and are specific to the positions that exist in the Public Works Department and the Recreation and Community Services Department.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 14 2. As an alternative to section N1 as stated above a Maintenance Worker II may be also be promoted to a Maintenance Worker III, based on alternative testing method, for the duration of this contract, requirements specified below:

Alternative Testing Requirements:

Employees hired prior to June 30, 2022 and classified as Maintenance Worker II may be eligible for Alternative Testing to determine promotional advancement to the senior level classification of Maintenance Worker III. The testing may be an alternative to obtaining a certification, otherwise required, issued by an external agency. Minimum requirements of the position must be met. The alternative testing is intended to assess experience, knowledge, skills, and abilities to perform and lead at the Maintenance Worker III level.

Employees must have at least 12 (twelve) years of full-time service with the City of Patterson, including 8 (eight) years of full-time service in the position of Maintenance Worker II, and a current (not more than one (1) year old) satisfactory or above annual performance evaluation to be eligible to participate.

An employee who has been subject to any disciplinary action, including written reprimand, or performance improvement plans for less than a period of one (1) year prior to testing, are not eligible to participate.

Certifications that are mandated by law or other statutes do not qualify for Alternative Testing as a means for determining promotion.

The testing will be developed and administered by the Deputy Director of Operations and Maintenance, or his designee, in conjunction with Human Resources. Employees who pass and are otherwise deemed qualified will be reclassified to a Maintenance Worker III, at the appropriate salary range, as stipulated in MOU Section 7I “Salary on Promotion”.

This provision of the MOU will expire and become void June 30, 2025.

All future promotions from a Maintenance Worker II to a Maintenance Worker III will be based on the need of the department and will be determined by a competitive recruitment process. All requirements must be met according to the current job description and requirements.

If a Maintenance Worker III employee loses certification or fails to renew certification to maintain the minimum requirements, the employee will be demoted to Maintenance Worker II. However, before being demoted, the employee shall have sixty (60) days from the date of loss or non-renewal to obtain the appropriate certification.

The transfer of an employee to a department which results in the employee no longer meeting minimum requirements for Maintenance Worker III shall cause the employee to be demoted to Maintenance Worker II only after the employee has been given six (6) months from the date of transfer to meet the department’s minimum requirements for Maintenance Worker III.

5.6.b
Packet Pg. 59
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 15 Department Head approval of any class or certification course is required prior to an employee’s enrollment in the class or course. Failure to obtain such approval may result in denial of reimbursement for the class.

Q. Water Operator lll Classification
A Water Operator II or Maintenance Worker III will be promoted to a Water Operator III when the minimum requirements of the position have been met, the employee has a current (not more than one year old) satisfactory or above performance evaluation and the Human Resources Director has received and approved all documentation. The minimum requirements are memorialized below and are specific to the positions that exist in the Water Division.

1. Water Division
Completion of any two items in category 5.

Category 5
Water Treatment Operator Grade II Certificate
Water Distribution Operator Grade III Certificate

8. HEALTH AND WELFARE BENEFITS
Health Insurance
All employees in regular positions budgeted for forty (40) hours or more per pay period 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 J of this section, related to retiree medical.

A. Cafeteria Plan
For purposes of this section, a “Tier 1 employee” is any employee covered by the provisions of this MOU, employed by the City before January 1, 2016.

For purposes of this section, a “Tier 2 employee” is any employee covered by the provisions of this MOU, employed by the City on or after January 1, 2016.

The City shall establish 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:

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 16 1. Tier 1 Enhanced Benefit (Hired before January 1, 2016) 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.

2. Tier 2 Standard Benefit (Hired on or after January 1, 2016) 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.

5.6.b
Packet Pg. 61
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 17 B. Medical

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 above, includes 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:

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.

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-lieu which shall be deposited into a Mid-America HRA account for the employee. If at any time the employee is in an unpaid status beyond the FMLA or any other protected leave period, the benefit will not be paid.

C. 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.

D. Vision Insurance

5.6.b
Packet Pg. 62
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 18 The City will provide vision insurance, without premium cost to the employee, with a $0 employee co-payment for eye examinations, and a $20.00 employee co-payment for materials.

E. Optional Insurance Plans
The City shall offer at least two (2) optional insurance plans for employee participation. Optional insurance may include accident, disability or other specialized insurance products. These optional elements shall be offered to employees within the Cafeteria Plan on a pre-tax basis.

F. Life Insurance
The City agrees to provide term life insurance for all represented personnel, in the amount of $100,000.00, with no premium cost to the employee.

Dependent life insurance up to a $5,000 benefit will be provided with no premium cost to the employee.

G. Long Term Disability Plan
The City agrees to provide long-term disability insurance for all represented personnel equivalent to sixty-six and two-thirds (66 2/3’s) of pre-tax monthly earnings, not to exceed the plan’s maximum monthly benefit amount, less other income sources. Maximum monthly benefit is six thousand dollars ($6,000.00).

Benefit document shall be controlling and is available upon request from the Human Resources Department.

H. 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. Contact Human Resources Director for information.

I. State Disability Insurance
SDI is now in force for bargaining unit employees. There is no charge to the employee for the administration of 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. In order to do this, the employee must remit to the City the check from SDI. The employee may also choose not to supplement SDI with accumulated leave. An employee may lose benefits if he/she is in unpaid status for more than one (1) month.

J. Worker’s Compensation
The City shall continue to cover employees under Worker’s Compensation.

Employees who receive Worker’s Compensation benefits shall be entitled to supplement these benefits with accumulated leave time up to the amount of his/her regular monthly salary. In order to do this, the employee must remit to the City their Worker’s Compensation check. An employee may also choose not to supplement Worker’s compensation benefits with accumulated leave time.

5.6.b
Packet Pg. 63
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 19 K. 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
This section in no way affects the rights and benefits of those who have retired prior to January 1, 2016. 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.

For purposes of this section, the terms “current employee” and a “new hire” are defined as previously established in Section 8, subsection A, of this MOU.

2. Retirees (current employees) – Ages 55-65
Current employees, hired prior to January 1, 2015, who retire from the City with at least ten (10) years of service with the City, between the age 55 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 the following schedule:

Years of Service Percentage of Standard 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%
For current employees who retire under this section, the Standard Benefit City contribution is as follows:
• Subscriber only: Up to 80% of the Northern California Area Kaiser premium, by category.
• Subscriber Plus One: Up to 80% of the Northern California Area Kaiser premium, by category.
• Subscriber Plus Two Up to 80% of the Northern California or more: Area Kaiser premium, 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

5.6.b
Packet Pg. 64
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 20 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) Current employees hired prior to January 1, 2015, irrespective of their years of service with the City, who retire at age 65 or older (or Medicare eligibility age, whichever is later), are eligible for a stipend of up to five hundred dollars ($500.00) per month. This stipend shall not be less than the PEMHCA minimum and not greater than the premium for coverage elected on a reimbursement basis. The Stipend covers participation in a CalPERS Medicare Plan, including those that include dental and vision, and non-CalPERS Medicare supplemental Plans. For retirees enrolled in Medicare and not enrolled in a CalPERS Medicare Plan or a Medicare Supplemental plan from the marketplace, the Stipend will cover the cost of any Medicare premium up to $500.00. Retirees who are eligible to receive the Stipend must provide proof of insurance enrollment including the cost of coverage to Human Resources in order receive the Stipend. Annually, during open enrollment, retiree must submit proof of insurance and cost to continue to receive the Stipend.

4. Service Retirement
Employees who retire between ages 50-55 and enroll in a CalPERS PEMHCA medical plan shall be entitled to only the minimum Employer contribution, pursuant to CalPERS PEMHCA resolution.

Employees hired on or after January 1, 2015 shall be entitled to only the minimum employer contribution upon retirement, pursuant to CalPERS PEMHCA resolution.

5. Disability Retirement
Tier 1 employees who retire under disability between ages 50-55 and enroll in a CalPERS PEMHCA medical plan may be entitled to the standard benefit subject to the vesting schedule above if confirmed and uncontested by the City and with City Manager approval.

9. RETIREMENT
It is the intent of the parties that these sections be interpreted in accord with PEPRA 2013 and attendant CalPERS regulations.

A. Definitions:

New Member Employees:
• 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

5.6.b
Packet Pg. 65
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 21 California Public Retirement System.
• 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.
• 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 (6) months.

Classic Member Employees:
• Employee members who do not meet the definition of “New Employee Members” as provided by Government Code section 7522.04(f).

B. Classic Employee Benefit:

Classic employees shall be provided the 2.7% @ 55 retirement formula including the following:

1. Disability Retirement
The City has contracted with CalPERS and has implemented the provisions of Section 21298: Improved Non-Industrial Disability Allowance. There is no cost to the employee.

2. Survivor Benefits
The City has contracted with CalPERS and has implemented Sections 21380-21387: 1959 Survivor Benefits. The cost to the employee is two dollars ($2.00) each month.

3. Sick Leave Conversion at Retirement
The City agrees to contract with CalPERS 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 for each day of unused accumulated sick leave. There is no cost to the employee.

4. Employee Contribution - 2.7% @ 55 Pension Plan
Effective upon CalPERS acceptance of contract amendment and as administratively feasible, employee members shall contribute, through payroll deduction, fifty percent (50%) of the normal employer cost for retirement benefit (rounded to nearest ¼ of 1%), for a maximum of eight percent (8%) according to PEPRA, based on normal employer cost for PERS Retirement Formula 2.7%@ 55.

Amounts shall be treated as Member Contributions and remain subject to portability and withdrawal pursuant to CalPERS rules.

If CalPERS rejects the contract amendment, the parties shall meet and confer over this issue.

5.6.b
Packet Pg. 66
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 22 5. Employee Contribution – 2% @ 62 Pension Plan Employees, hired after January 1, 2013, currently contribute, through payroll deduction, fifty percent (50%) of the normal cost for retirement benefit (rounded to nearest ¼ of 1%) as determined by CalPERS annually. Amounts contributed shall be treated as Member Contributions and remain subject to portability and withdrawal pursuant to CalPERS rules.

If CalPERS rejects the contract amendment, the parties shall meet and confer over this issue.

6. Final Compensation
For purposes of determining a retirement benefit, the final compensation for an employee member covered by Section 9A, shall mean the highest annual average pensionable compensation during thirty-six (36) consecutive months of service.

10. WORK HOURS
A. Semi Monthly Payroll
Payroll shall be issued twice monthly, 24 times per year.

B. Work Day and Work Week
Eight hours, exclusive of lunch periods, shall constitute a day's work for all fulltime employees. The typical work week of the City shall be five (5) working days of eight (8) hours each. The designated work week for employees shall be 7:00 AM to 4:00 PM, with a one-hour lunch period. It shall be the duty of each Department Head to arrange the work of the department so that each employee therein shall work not more than five (5) consecutive days in each calendar week, except that a Department Head, with approval of the City Manager, to temporarily perform service in excess of eight (8) hours per day or five (5) days per week when public necessity or convenience so requires. Department Heads will not temporarily change an employee's regular work schedule to avoid payment of overtime.

C. Flex Time
A flexible work schedule may be developed and implemented whereby designated employees may be allowed to work a total of eighty (80) hours within a two-week period regardless of the number of hours worked per day, subject to approval of the Department Head and City Manager or his/her designee. The flexible work schedule shall be maintained as long as the needs of the public and the City are explicitly met.

D. Lunch and Break Periods
Because of varying work shifts, flex times, and job conditions, lunch and break periods are scheduled with the supervisor. Typically, a one (1) hour or one half (1/2) hour lunch break is provided. Two (2) break periods of fifteen (15) minutes each are also provided. Break periods cannot be accumulated; however, the City will respond to situations where employees are required to work through

5.6.b
Packet Pg. 67
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 23 breaks and lunches.

E. Summer work hours for Public Works Department employees on the 9/80 schedule will be 6:30 AM to 4:00 PM, with a one-half hour lunch period.

Winter work hours will be 7:00 AM to 4:30 PM, with a one-half hour lunch period.

Starting times are one hour later on the one eight-hour workday during summer hours. Starting times are one-half hour later on the one eight-hour workday during winter hours. The ending times are one-half hour earlier on the eight-hour workday during winter hours. Employees at the Water Quality Control Facility are not typically on the 9/80 Schedule.

F. Work Week Defined
5/8/40 Schedule:

The official work week, for payroll purposes only begins at 12:00 AM on Sunday and runs until 11:59 PM the next Saturday = 40 hours.
9/80 Schedule:

The official work week, for payroll purpose only begins at noon on Friday and runs until noon the next Friday = 40 hours.
• Week #1 M9 + T9 + W9 +Th9 + F4 (1/2 of Friday) = 40
• Week #2 F4 (1/2 of Friday) + M9 + T9 + W9 + Th9 = 40

11. HOLIDAYS AND LEAVES
A. Holidays

1.Designated Holidays All City employees shall have the following holidays with pay and shall not be required to work on such holidays except as hereinafter provided.
a. January 1st (New Year's Day)
b. Martin Luther King Day
c. Presidents Day
d. Last Monday in May (Memorial Day)
e. June 19th (Juneteenth)
f. July 4th (Independence Day)
g. First Monday in September (Labor Day)
h. November 11th (Veteran's Day)
i. Fourth Thursday in November (Thanksgiving Day)
j. The day following (Thanksgiving Day)
k. December 24th (Christmas Eve)
l. December 25th (Christmas Day)
m. December 31st (½ Day) (New Year’s Eve)
n. Any one-time Holiday proclaimed by the President of the United States or the Governor of California (ex: a national day of mourning).

Whenever a holiday falls on a Sunday not scheduled as a regular workday, the

5.6.b
Packet Pg. 68
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 24 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, or 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 receive holiday pay.

Regular and probationary employees have been credited with eighteen (18) hours vacation time, effective July 1, 2012. New monthly vacation accrual rates have been adjusted, effective July 1, 2012.

B. Vacation

1. Vacation accrual
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 Vacation Days Monthly accrual in hours Hire date thru 5 years 14.25 days 9.5
6 thru 8 years 17.25 days 11.5
9 thru 14 years 20.25 days 13.5
15 thru retirement 22.25 days 14.833

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 356 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 Department Head with due consideration given to the wishes of the employee and with particular regard for the needs of the City.

Employees may not utilize vacation during the first six months of employment.

An employee wishing to schedule a vacation in excess of ten working days must request approval of the City Manager or his/her designee at least ten (10) working days prior to the vacation time requested. The employee will receive a response within 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 ten consecutive working days, 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

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 25 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. Holidays During Vacation
When one or more legal municipal holidays fall within a vacation leave, such day or days shall not be charged as vacation leave.

5. Vacation and CTO Cash Out on Termination
Any employee who terminates service with the City shall be entitled to cash payment for all accumulated vacation hours and compensating time off hours (CTO) up to a maximum of 436 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 2080. Termination resulting from the death of an employee shall cause the vacation cash-out to be paid to the estate of the employee.

6. Employees have the option to elect cash in lieu for up to one year’s annual vacation accrual up to a maximum of one hundred twenty (120) hours of accrued vacation leave once every twelve (12) months in accordance with the following criteria:
• An employee must have a minimum balance of one hundred sixty (160) hours of accrued vacation at the time they make their irrevocable election. • An employee must have used at least forty (40) hours of vacation or compensatory time for actual time off from work in the previous twelve (12) month period, prior to making the election.
• An irrevocable election form must be received by payroll no later than December 31st for the following calendar year.
• In no event will a cash distribution exceed the number of hours the employee has actually accrued for the period of time between January 1 and the distribution date.
• The cash distribution shall be paid out the first pay period of November. • All distributions shall be made by separate payroll document whether traditional paper check or electronic direct deposit.
• A safety net of 40 hours minimum balance must be remaining after cash out.

12. SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE
A. Sick Leave

1. Sick Leave Defined
For the purpose of this provision, family member shall be restricted to the employee’s biological parent, foster parent, adoptive parent, sibling, spouse, domestic partner, child, parent-in-law, brother-in-law, sister-in-law, grandparent, grandchild, stepparents, stepchildren or stepsibling, where there is a child rearing relationship, or a person who stood in loco parentis when the employee was a minor

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 26 child.

Sick leave shall be allowed and used for any of the following purposes:
a. Diagnosis, care or treatment of an existing health condition of the employee or his/her family member.
b. Preventative care for the employee or his/her family member. c. Other purposes authorized by Labor Code Section 246.5 (leave for victims of domestic violence, sexual assault, or stalking).

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 and comp time shall be allowed, upon request of the employee in writing. Sick leave will not be granted for illness, injury, medical condition, or other health related reason 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 8 hours per month, and is credited with the accrued hours, following the completion of one month of service with the City, provided that the employee was in pay status for not less than 50 percent of the month. Employees who were in pay status for less than 50 percent of the month shall accrue sick leave at a rate of one (1) hour for every thirty (30) hours worked. There is no maximum accrual amount for sick leave. In order 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, or as soon as reasonably possible. The employee may be required by the Department Head, at the time he/she calls in to use sick leave, or as soon as reasonably possible, to provide a physician’s certificate of illness, injury, medical condition, or other health-related reason specified in subsections “a” and “b” above. Department Heads shall only require a physician's certificate if abuse of sick leave is reasonably suspected.

However, when an employee is absent due to illness or injury for three (3) consecutive workdays or longer, a physician's certificate or a personal affidavit may be required by the Department Head.

3. Accumulated Sick Leave on Retirement
Accumulated sick leave may be used for the purpose of computing an employee’s CalPERS retirement. At retirement, unused accumulated sick leave is converted to additional service credit at the rate specified by the prevailing CalPERS contract.

There is no cost to the employee.

B. Bereavement Leave
Up to five days bereavement leave may be granted to a regular employee by

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 27 his/her Department Head in the event of a death in the employee's family. For the purpose of this provision, the immediate family shall be restricted to biological parent, foster parent, adoptive parent, sibling, spouse, domestic partner, child, parent-in-law, brother-in-law, sister-in-law, close relative residing in the household of the employee, grandparent, grandchild, stepparents, stepchildren, or stepsibling, where there is a child rearing relationship, or a person who stood in loco parentis when the employee was a minor child. Requests for bereavement leave in excess of three days shall be subject to approval of the City Manager and will be charged to accumulated leave for the number of days in excess of the first three days.

C. Family Leave
Each regular full-time employee having completed a minimum of one year of continuous employment with 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 Leave Act of 1993.

Family is defined as an employee’s child (biological, adopted, foster, stepchild or legal ward under the age of eighteen), legal spouse as defined in Civil Code section 4100, or parent.

A serious health condition is defined as an illness, injury, impairment or physical or mental condition of the employee or his/her family member, 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) work weeks 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.

It is the policy of the City to treat absence from work for reasons of pregnancy, adoption, or serious health condition of a child, spouse, or parent, as any other disability. A doctor’s letter should be provided to the City Manager or his/her designee as soon as the request for the leave is made. A family leave of up to ninety (90) days duration shall be granted upon request of the employee. This period of leave is inclusive of any leave granted prior to, and immediately following, the birth of a child. During this period of leave, the employee may use any combination of available accrued types of leave, i.e., sick, vacation, compensatory time, etc., including a leave of absence without pay.

The City will pay the employee's monthly health insurance premiums during the ninety (90) day period, in the event the employee has not accrued sufficient paid leave time for the duration of the approved leave. Unless there is a medical reason that the employee cannot return to work at the end of the ninety (90) day

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 28 period, as evidenced by a report from a medical doctor, the employee will be considered due back at the end of that time. All requests for an extension of the ninety (90) day period of leave for non-medical purposes will be evaluated on a case-by-case basis by the City Manager.

D. Family Medical Leave Act
In addition to that required by the FMLA, the City will:

1. Begin the one (1) year eligibility for twelve (12) week leave with the first day for which the employee is granted leave.

2. Utilization of paid or unpaid time during the leave 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 eighty (80) hours.

3. Seniority for all purposes will continue during the FMLA leave, up to a maximum of forty-five (45) days for unpaid leave. The maximum shall be sixty (60) days if the leave is taken in combination with paid time.

4. In addition to immediate family, grandparents, grandchildren and parents-inlaw are covered as reasons for requesting FMLA leave.

13. LEAVES
A. Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager or his/her designee 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.

B. 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 battle assemblies.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 29 pay while serving provided the fees, except mileage or substance, are remitted to the City. Employees must return to work if not required to attend jury duty on a particular day.

D. Catastrophic Leave Bank
The City agrees to establish a Catastrophic Leave Bank (CLB) to assist full time non-probationary employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The (CLB) will allow the bargaining unit employees to donate time to affected employees within and outside the unit, so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. This donated time will be placed in a CLB and drawn down from the CLB by the eligible employee.

Eligibility
To be eligible for this benefit, the receiving employee must: 1) Be a regular fulltime employee, 2) Have sustained or have an immediate family member who has sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave, including vacation, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least 30 days or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and significant personal care; and 5) Conformed with the requirements of the Family Medical Leave Act and/or Worker’s Compensation.

Benefits
Accrued sick, vacation and compensatory time off hours donated by employees will be converted to sick leave and credited to the CLB as sick leave time on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue. The total leave credits received by an employee will not normally exceed 6 weeks. However, if approved by the Department Head and the Human Resources Director or his/her designee the total leave credits may be extended on a case by case basis, subject to review by the City Manager or designee.

Guidelines for Donating Leave Credits to The Time Bank
a. Accrued sick leave, vacation leave, and compensatory time off may be donated by any regular full-time employee who has completed his/her initial City probationary period.
b. Time donated will be converted from vacation or compensatory time to sick leave hours and credited to the CLB sick leave time on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. c. The total amount of time donated to the CLB shall not exceed forty (40) hours by an employee in a Fiscal Year. The total leave credits received by the employee shall not exceed 6 weeks or 240 hours; however, the City Manager may approve an extension up to 12 weeks or 480 hours total time.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 30 d. An employee cannot donate leave hours that would reduce his/her sick or vacation balance to less than 120 hours each.
e. Under all circumstances, time donations received for the employee are forfeited once made by the employee making the donation. f. Taxability of leave donated or received under this program will be governed by Internal Revenue Service Guidelines.
g. For the purpose of the Section, “Immediate family member” as referenced under Bereavement Leave shall be defined as provided for in Section 12 B, Bereavement Leave.
h. Under extenuating and extraordinary circumstances and upon recommendation of the City Manager exceptions may be granted on a caseby-case basis. Such exceptions shall not establish practice or precedence.

14. FILLING VACANCIES
A. Job Announcements
All job announcements, (promotional, internal or external), 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 shall be printed on the job announcement. Recruitment methods shall be utilized as necessary to ensure that various segments of the labor market are reached by the City during the recruitment process.

B. Examinations
The selection of techniques used in the examination process shall be impartial and 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 a 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 minimum requirements for admission to the eligibility list must be notified that they have achieved minimum rank. In addition, each nonselected employee applicant must be given notice of non-selection, including general reasons, requirements for admission to eligibility and appeal rights available. Employees who are not selected shall have five working days to appeal the 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.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 31 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 to time.

D. Eligibility List
Following the examinations, an eligibility list shall be established 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. 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 City Manager or his/her designee. 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 the candidate cannot 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 City Manager or his/her designee, 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 City Manager or his/her designee. 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. There is a ten (10) working day minimum posting requirement. The employee's request for transfer will be

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 32 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, one division to another or one department to another, if the transfer is necessary for the purpose of economy or efficiency. The City shall determine the employee chosen based on the employee’s qualifications and fit for the new position, division or department. In cases where employees have equal qualifications management will, with seniority playing a role, along with other factors determine the candidate for the transfer. The City agrees to meet 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. A qualified employee may be transferred, provided the transfer has been approved by the employee's current supervisor, the new supervisor and the City Manager or his/her designee.

15. 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 shall be given to the employee on 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. 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. It is understood that performance deficiencies will be addressed in a timely manner, with the intent of correcting said deficiencies. Anniversary date for evaluation purposes shall be determined by either date of hire or date of promotion to existing position.

16. 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.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 33 additional six (6) months. 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
Promotional appointments shall be subject to a probationary period of six (6) months and may be extended by the Department Head for not more than three (3) months with the approval of the City Manager. Failure to notify an employee in writing, within six (6) 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 may be added to the length of the probationary period for both original and promotional probation.

E. Rejection of Probation

1. An employee may be released 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.

17. 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 as 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 subject to the harassment procedure. Complaints shall be handled the same as grievances except that there is no appeal beyond the

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 34 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 and the City.

E. Notification
A grievance shall be submitted in writing and shall include at a minimum:

1. Nature of the grievance.

2. Date when the incident occurred.

3. Description of the incident.

4. Rule violated.

F. Steps in the Grievance Procedure

1. First Step-Informal Discussion
Employees are encouraged to discuss and resolve allegations of a grievance with their immediate supervisor within ten (10) working days of the occurrence causing the alleged grievance. The immediate supervisor shall inform the employee verbally of his/her decision within 5 working days of the initial discussion. If the employee is not satisfied with the verbal response of the immediate supervisor, he/she may proceed to the next 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 five (5) working days of submission of the written grievance.

3. Third Step-Intermediate Supervisor
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 five (5) working 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 five (5) working 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

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 35 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 five (5) working 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 ten (10) working 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 five (5) working 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) working 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 to the City Manager. The employee's written appeal shall specify which option is to be utilized. a. Appeal to City Manager
Within ten (10) working 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 person(s) 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 five (5) working 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.

5.6.b
Packet Pg. 80
Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 36 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 by the disciplined employee. The concept of progressive discipline shall govern the imposition of discipline.

B. Types of Disciplinary Action
Disciplinary actions include reprimands, suspensions, demotions and dismissal as defined below:

This written record may not be used against an employee to determine the severity of future discipline if the employee has received no further verbal reprimands or written reprimands within three (3) years of the initial verbal reprimand. An employee may request the City Manager to remove the written record from his/her personnel file after the written record has been in the file for one (1) year.

However, any disciplinary action item removed after one year will be maintained in a separate secured file and shall be considered as part of the disciplinary record for further incidents within three (3) years of the date of the first incident.

2. Written Reprimands
An oral or 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 must be given 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 three (3) years of the initial written reprimand. An employee may request the City Manager to remove the written reprimand from his/her personnel file after the written reprimand has been in the file for one (1) year. However, any disciplinary action item removed after one year will be maintained in a separate secured file and shall be considered as part of the disciplinary record for further incidents within three (3) years of the date of the first incident.

3. 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 (1) calendar year.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 37 4. 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.

5. 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. 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.

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.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 38 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 as to cause 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
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 City Manager or his/her designee, 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 ten (10) working days from the date the proposed disciplinary action is received to request this meeting.

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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 39 any meeting concerned with potential disciplinary action when the employee’s presence is required at said meeting.

E. Notification of Decision
Within ten (10) working 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 ten (10) working 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 ten (10) working days, a demotion or a termination.

1. Advisory Arbitration
The impartial arbitrator shall be selected by the employee and/or 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) working days of the receipt of the advisory opinion.

2. City Manager
An employee may submit the appeal directly to the City Manager. Within ten (10) working 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 Council, 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

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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 40 and place of the hearing shall be given to the appellant. 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 remains available and in daily telephone contact with the employer.

19. LAYOFF PROCEDURE
A. Conditions for Layoff
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.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 41 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, employees 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 satisfactory. 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 in the same class series. Class series shall mean the following:
a. Account Clerk and Senior Account Clerk.
b. Administrative Assistant I and II
c. Code Enforcement Officer I and Code Enforcement Officer II d. Maintenance Worker I, Maintenance Worker II, and Maintenance Worker III.
e. Waste Water Operator in Training, Waste Water Operator I, Waste Water Operator II, and Waste Water Operator III.
f. Water Operator in Training, Water Operator I, Water Operator II, and Water Operator III.

2. Bump an employee with less seniority in a lower class previously held. This bump right is subject to the employee's last evaluation in the prior class being an overall rating of satisfactory or above. To retain the new position, the employee must bring any single section of the last evaluation in the previous position which was below satisfactory up to satisfactory or above within six (6) months.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 42 bring any single section of the last evaluation in the previous position which was below satisfactory up to satisfactory or above within six (6) months.

4. Accept the layoff and be placed on the Re-Employment List.

Any employee subject to layoff as a result of the bumping rights listed herein shall, in turn, be given the same bumping rights.

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 re-employment list in the same order in which the employees were 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. Notice of the opportunity of employment shall be mailed to the employee’s last known address. The employee shall have seven (7) calendar days from the date of receipt to respond to the employment opportunity.

20. UNIFORM PROVISION
The City shall provide and launder uniforms for all maintenance and wastewater treatment employees.

21. TOOL ALLOWANCE / INSURANCE - EQUIPMENT MECHANIC
Effective January 1, 2023, the City shall reimburse each equipment mechanic up to nine-hundred dollars ($900.00) per year for the purchase or replacement of tools. Original receipts must be provided. The City further agrees to insure against theft or breakage of the tools of each equipment mechanic while said tools are stored or being used at a City facility or job site. The City will consider requests to purchase additional tools. Such requests shall be submitted in writing to the Department Head.

22. SAFETY SHOE ALLOWANCE
The City shall reimburse employees in eligible classifications up to one-hundred dollars ($100.00) annually for the purchase of safety shoes. The City will reimburse up to two-hundred and fifty dollars ($250.00) for the purchase of steel toed safety boots, subject to verification the boots are steel toed. Employees must submit a sales receipt to Finance within thirty (30) days of purchase in order to receive reimbursement. It is understood that employees who receive reimbursement for the purchase of safety shoes or steel toed safety boots will

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 43 actually wear said shoes when working for the City.

The following classifications are eligible for the safety shoe allowance:

Administrative Assistant l/lI positions in the Fire Department as well as Code Enforcement Officer classifications.

The following classifications are eligible for the steel toed safety boots allowance:

Equipment Mechanic classifications, Fire Prevention Inspector, Maintenance Worker classifications, Public Works Inspectors, Water Operator classifications, and Wastewater Operator classifications.

Additional shoe allowance will be made available, subject to Department Head approval to address recommendations by a licensed physician for safety shoes or steel-toed footwear to address the prescribed medical assistance.

23. MEAL ALLOWANCE
An employee required to work four (4) or more hours beyond the scheduled shift on emergency work, or for four (4) or more consecutive hours of work when on Standby or Call-Back, shall be given a twelve-dollar ($12.00) voucher for a meal allowance to be used at the approved vendors and shall be entitled to a thirty (30) minutes unpaid meal period for every additional four (4) hours worked. Only one (1) twelve-dollar ($12.00) voucher shall be given per shift unless the employee works four (4) or more consecutive hours and is released from duty and then must return for four (4) or more hours in the same shift.

24. OCCUPATIONAL HEALTH AND SAFETY
Occupational health and safety are the mutual concern of the employer, the Union and employees. To that end, the City shall comply with applicable Federal, State and local safety laws, rules and regulations and ensure that employees will do the same.

25. COMMERCIAL DRIVERS LICENSE
A. An employee required to obtain and/or maintain a Class A or Class B Commercial Driver License as a condition of employment shall not be terminated from service without first having had the opportunity to pass the written and/or driving test two (2) times. An employee who has failed either test must, however, request a second test within thirty (30) calendar days after receiving notice the first test was failed. The City agrees to provide reasonable assistance to help employees pass the written and driving tests.

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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 44 26. CAREER LADDERS
A. Accounting Assistant
An employee in this classification will be promoted to Senior Accounting Assistant upon completion of two (2) or more years of service and receipt of a satisfactory or above performance evaluation.

B. Maintenance Worker I
An employee in this classification will be promoted to Maintenance Worker II upon completion of two (2) or more years of service and receipt of a satisfactory or above performance evaluation.

C. Administrative Assistant I
An employee in this classification will be promoted to Administrative Assistant II upon completion of two (2) or more years of service and receipt of a satisfactory or above performance evaluation.

27. FAIR EMPLOYMENT PRACTICE
The City of Patterson assures any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the City Manager or his/her designee, 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.

28. NON-DISCRIMINATION POLICY
The City shall offer equal employment to all persons without regard to race, religious creed, color, ancestry, sex, sexual orientation, gender, gender identity, gender expression, age, national origin, religion, physical or mental disability, medical condition, genetic information, marital status, or military or veterans’ 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.

29. 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.

30. PAST PRACTICES
The City agrees that practices and policies not changed by this agreement will

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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 45 continue during the term of the contract.

31. 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.

1. With approval of the City Manager and Department Head, employees may be employed or conduct business outside City employment consistent with the limitations above.

2. 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 twelve (12) months, are currently working for, or anticipate working for in the future.

32. PATTERSON VOLUNTEER FIREFIGHTERS
Members of the bargaining unit who are also volunteers with the City’s Fire Department may, with approval of their supervisor, respond to two-alarm calls within the City limits. Requests will only be granted when the absence of the employee will not negatively affect the operations of the City. Time spent responding to such emergencies shall be considered time worked if such time is

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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 46 within the employee’s normal work hours.

33. TUITION REIMBURSEMENT
The City shall reimburse regular full-time employees expenses incurred for tuition, textbooks, admission fees and other required course materials not to exceed one-thousand dollars ($1,000) per fiscal year provided the following conditions are met:

A. The course selected must be directly related to work the employee performs or fulfilling general education requirements;
B. Prior to enrollment, the course must be approved by the employee’s Department Head and City Manager or his/her designee;
C. The course must be offered at an accredited college or university; D. The employee must receive a passing grade of or equivalent to “C” or better, at the completion of the course;
E. The class and study time shall be outside the employee’s working hours.

Upon completion of a course, the employee shall submit a Tuition Reimbursement form along with paid receipts for tuition, books and materials and proof of passing grade to Human Resources. After verification of satisfactory completion of the course, the City Manager or designee shall forward the approved tuition reimbursement form to the Finance Department for payment.

Tuition reimbursements shall be amortized over three (3) years. If an employee resigns or is terminated within three (3) years of any tuition reimbursement, the employee will be required to pay the City a proportional percentage of the reimbursed amounts.

34. BILINGUAL PAY
The City has previously established a bilingual pay program for employees in clerical classifications in this bargaining unit, or in other classifications as determined by the Department Head and City Manager. Under this program, employees who are fluent in both English and Spanish are eligible for a two percent (2%) base pay increase if the following conditions are met:
1) Employee during the course of his/her normal duties is asked to provide translation services to customers on a regular and consistent basis. 2) Employee has successfully passed the Spanish-English oral and written tests administered by Human Resources.
3) Department Head has determined that there is a need for translation services in his/her department and has authorized the employee to take the SpanishEnglish oral and written test to become eligible for Bilingual Pay.

In keeping with the goals of this program, employees in the field operation classifications in the Public Works Department and Recreation and Community Services Department may be determined to be eligible for bilingual pay.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 47 However, no more than eleven (11) employees overall in field operations will be eligible to receive bilingual pay at any given time, and field employees are subject to all other requirements of this program, including testing by Human Resources. Qualified employees will be scheduled with consideration to coverage of Fridays in light of the City’s 9/80 work schedule. The City shall reserve the right to conduct new written and oral tests for employees receiving bilingual pay at least once every three years to determine whether their bilingual skills remain adequate to fulfill the purposes of the program.

35. LONGEVITY PAY
Longevity Pay is compensation in addition to the employee’s regular base pay.

The total longevity pay increase any employee can receive during their term of employment is twelve percent (12%)
A. Eligibility & Qualifications
1) An employee shall receive a two percent (2%) longevity pay increase only if he/she has been with the City ten (10) consecutive years . 2) An employee shall receive a five percent (5%) longevity pay increase only if he/she has been with the City fifteen (15) consecutive years. 3) After 20 years an employee may be eligible for a five percent (5%) longevity pay increase only if he/she has been with the City twenty (20) consecutive years.

36. TRAINING
At Department Head’s discretion, training will be offered as determined to meet the specific needs of the department.

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 48 Classification Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Accounting Assistant $3,523.04 $3,699.19 $3,884.15 $4,078.36 $4,282.28 $1,761.52 $1,849.60 $1,942.08 $2,039.18 $2,141.14 Accounting Technician $4,738.10 $4,975.01 $5,223.76 $5,484.94 $5,759.19 $2,369.05 $2,487.51 $2,611.88 $2,742.47 $2,879.60 Administrative Assistant I $3,986.00 $4,185.30 $4,394.56 $4,614.29 $4,845.01 $1,993.00 $2,092.65 $2,197.28 $2,307.15 $2,422.51 Administrative Assistant II $4,399.80 $4,619.79 $4,850.78 $5,093.32 $5,347.98 $2,199.90 $2,309.90 $2,425.39 $2,546.66 $2,673.99 Assistant Planner $5,632.11 $5,913.72 $6,209.40 $6,519.87 $6,845.87 $2,816.06 $2,956.86 $3,104.70 $3,259.94 $3,422.94 Code Enforcement Officer I $4,292.49 $4,507.11 $4,732.46 $4,969.09 $5,217.54 $2,146.25 $2,253.56 $2,366.23 $2,484.55 $2,608.77 Code Enforcement Officer II $4,738.10 $4,975.01 $5,223.76 $5,484.94 $5,759.19 $2,369.05 $2,487.51 $2,611.88 $2,742.47 $2,879.60 Electrical/Instrumentation Crew Leader $5,772.92 $6,061.56 $6,364.64 $6,682.87 $7,017.01 $2,886.46 $3,030.78 $3,182.32 $3,341.44 $3,508.51 Electrical/Instrumentation Technician I $4,738.10 $4,975.01 $5,223.76 $5,484.94 $5,759.19 $2,369.05 $2,487.51 $2,611.88 $2,742.47 $2,879.60 Electrical/Instrumentation Technician II $5,229.98 $5,491.48 $5,766.05 $6,054.35 $6,357.07 $2,614.99 $2,745.74 $2,883.03 $3,027.18 $3,178.54 Engineering Technician I $4,509.79 $4,735.28 $4,972.05 $5,220.65 $5,481.68 $2,254.90 $2,367.64 $2,486.03 $2,610.33 $2,740.84 Engineering Technician II $4,977.97 $5,226.87 $5,488.21 $5,762.62 $6,050.75 $2,488.99 $2,613.44 $2,744.11 $2,881.31 $3,025.38 Environmental Compliance Specialist $4,856.55 $5,099.38 $5,354.35 $5,622.07 $5,903.17 $2,428.28 $2,549.69 $2,677.18 $2,811.04 $2,951.59 Equipment Mechanic Crew Leader $5,229.98 $5,491.48 $5,766.05 $6,054.35 $6,357.07 $2,614.99 $2,745.74 $2,883.03 $3,027.18 $3,178.54 Equipment Mechanic I $4,292.49 $4,507.11 $4,732.46 $4,969.09 $5,217.54 $2,146.25 $2,253.56 $2,366.23 $2,484.55 $2,608.77 Equipment Mechanic II $4,738.10 $4,975.01 $5,223.76 $5,484.94 $5,759.19 $2,369.05 $2,487.51 $2,611.88 $2,742.47 $2,879.60 Fire Prevention Inspector $5,772.92 $6,061.56 $6,364.64 $6,682.87 $7,017.01 $2,886.46 $3,030.78 $3,182.32 $3,341.44 $3,508.51 Graffiti Abatement Technician $4,187.79 $4,397.18 $4,617.04 $4,847.89 $5,090.29 $2,093.90 $2,198.59 $2,308.52 $2,423.95 $2,545.15 Maintenance Worker I $3,986.00 $4,185.30 $4,394.56 $4,614.29 $4,845.01 $1,993.00 $2,092.65 $2,197.28 $2,307.15 $2,422.51 Maintenance Worker II $4,399.80 $4,619.79 $4,850.78 $5,093.32 $5,347.98 $2,199.90 $2,309.90 $2,425.39 $2,546.66 $2,673.99 Maintenance Worker III $4,856.55 $5,099.38 $5,354.35 $5,622.07 $5,903.17 $2,428.28 $2,549.69 $2,677.18 $2,811.04 $2,951.59 Permit Technician I $3,888.78 $4,083.22 $4,287.38 $4,501.75 $4,726.84 $1,944.39 $2,041.61 $2,143.69 $2,250.88 $2,363.42 Permit Technician II $4,292.49 $4,507.11 $4,732.46 $4,969.09 $5,217.54 $2,146.25 $2,253.56 $2,366.23 $2,484.55 $2,608.77 Public Works Inspector I $4,399.80 $4,619.79 $4,850.78 $5,093.32 $5,347.98 $2,199.90 $2,309.90 $2,425.39 $2,546.66 $2,673.99 Public Works Inspector II $4,856.55 $5,099.38 $5,354.35 $5,622.07 $5,903.17 $2,428.28 $2,549.69 $2,677.18 $2,811.04 $2,951.59 Public Works Inspector III $5,360.73 $5,628.76 $5,910.20 $6,205.71 $6,516.00 $2,680.37 $2,814.38 $2,955.10 $3,102.86 $3,258.00 Recreation Coordinator I $3,793.93 $3,983.63 $4,182.81 $4,391.95 $4,611.55 $1,896.97 $1,991.82 $2,091.41 $2,195.98 $2,305.78 Recreation Coordinator II $4,187.79 $4,397.18 $4,617.04 $4,847.89 $5,090.29 $2,093.90 $2,198.59 $2,308.52 $2,423.95 $2,545.15 Senior Accounting Assistant $3,888.78 $4,083.22 $4,287.38 $4,501.75 $4,726.84 $1,944.39 $2,041.61 $2,143.69 $2,250.88 $2,363.42 Senior Code Enforcement Officer $5,229.98 $5,491.48 $5,766.05 $6,054.35 $6,357.07 $2,614.99 $2,745.74 $2,883.03 $3,027.18 $3,178.54 Wastewater Operator I $4,292.49 $4,507.11 $4,732.46 $4,969.09 $5,217.54 $2,146.25 $2,253.56 $2,366.23 $2,484.55 $2,608.77 Wastewater Operator II $4,738.10 $4,975.01 $5,223.76 $5,484.94 $5,759.19 $2,369.05 $2,487.51 $2,611.88 $2,742.47 $2,879.60 Wastewater Operator III $5,229.98 $5,491.48 $5,766.05 $6,054.35 $6,357.07 $2,614.99 $2,745.74 $2,883.03 $3,027.18 $3,178.54 Wastewater Operator in Training $3,888.78 $4,083.22 $4,287.38 $4,501.75 $4,726.84 $1,944.39 $2,041.61 $2,143.69 $2,250.88 $2,363.42 Water Operator I $3,986.00 $4,185.30 $4,394.56 $4,614.29 $4,845.01 $1,993.00 $2,092.65 $2,197.28 $2,307.15 $2,422.51 Water Operator II $4,399.80 $4,619.79 $4,850.78 $5,093.32 $5,347.98 $2,199.90 $2,309.90 $2,425.39 $2,546.66 $2,673.99 Water Operator III $4,856.55 $5,099.38 $5,354.35 $5,622.07 $5,903.17 $2,428.28 $2,549.69 $2,677.18 $2,811.04 $2,951.59 Water Operator in Training $3,611.12 $3,791.67 $3,981.26 $4,180.32 $4,389.34 $1,805.56 $1,895.84 $1,990.63 $2,090.16 $2,194.67 Monthly Salary Range Semi-Monthly Salary Range
American Federation of State, County and Municipal Employees (AFSCME) MOU July 1, 2022 - June 30, 2025
Salary Schedule
Effective July 01, 2022

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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) 49 MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF PATTERSON
And

THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL10
Pursuant to the Personnel Rules and Regulations of the City of Patterson and Section 3500 et seq of the Government Code, the duly authorized representatives for the City and AFSCME Local 10, having met and conferred in good faith concerning the issues of wages, hours, terms and conditions of employment as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.

FOR THE CITY: FOR AFSCME LOCAL 10:
_____________________________ __________________________________ Ken Irwin, City Manager Mary McWatters, Local 10 Business Agent _____________________________ __________________________________ Marie Guillory-Jones, Glenn Saunders, Local 10 Job Steward Human Resources Director
_____________________________ __________________________________ Patrick Clark, Desiree Martinez, Negotiating Committee
Chief Labor Negotiator
__________________________________
Adrian Laurel, Negotiating Committee

5.6.b
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Attachment: AFSCME MOU 2022-2025 DRAFT 12122022 (Final) (MOU AFSCME 2022 - 2025) City Council Agenda Report
TO:

FROM:

BY:

Mayor Clauzel and Members of the City Council
Ken Irwin, City Manager
Marie Guillory Jones, Director of Human Resources
MEETING DATE: December 20, 2022
ITEM NO: 5.7
SUBJECT: Approve the Patterson Management and Mid-Management Employee Association (PMMEA) Memorandum of Understanding (MOU) Effective July 1, 2022 through June 30, 2025, and Corresponding Salary Schedules

RECOMMENDATION
Motion to Approve the Patterson Management and Mid-Management Employee Association (PMMEA) Memorandum of Understanding (MOU) effective July 1, 2022 through June 30, 2025, and corresponding salary schedules.

BACKGROUND
The collective bargaining agreement between the City of Patterson and PMMEA expired on June 30, 2022. The parties have met and conferred over the past six months, contract negotiations have concluded, and a tentative successor agreement has been reached. In addition, PMMEA membership ratification of the negotiated agreement has occurred. The proposed MOU is now presented to City Council for final approval.

ANALYSIS
The following highlights the significant provisions agreed to by the negotiating parties with no budget impact:
· Three (3) year contract effective July 1, 2022 through June 30, 2025 · Section 11A - Holidays and Leaves: Added two city observed holidays, Juneteenth and any one-time holiday proclaimed by the President of the United States or the Governor of California (example - a national day of mourning).

5.7 Packet Pg. 95
· Section 7P - Non-Exempt Supervisory Classifications: Added clarifying language, including classification titles and terms for existing benefits not previously specified. · Section 11C - Administrative Leave: Added clarifying language that this benefit does not apply to non-exempt members of the unit. No change in benefit or eligible members. · Appendix A - Updated Bargaining Unit Classification listing. Added new classification approved during the previous budget period and title changes recommended by the recently approved Classification Study.

The following highlights the significant provisions agreed to by the negotiating parties with budget impact:
· Section 7A - One-Time Lump Sum:

Fifteen Hundred Dollar ($1,500.00) one-time payment for service during COVID-19 Pandemic for existing members as of July 1, 2021.
· Section 7B - Cost of Living Adjustments:

Year 1 - (5%) effective July 1, 2022
Year 2 - (3% -5%) effective July 1, 2023; based upon consumer price index and availability of funds
Year 3 - (3% - 5%) effective July 1, 2024; based upon consumer price index and availability of funds
· Section 7C - Equity Increases: Phased in over the three-year contract period, for all employees that are below market, subject to availability of funds.

Year 1 - Up to 5% adjustment, for classifications that are below market median.

Years 2 and 3 - Remaining equity adjustment to be divided equally between years 2 and 3 of contract, for classifications that are more than 5% below market median.

5.7 Packet Pg. 96

FISCAL IMPACT
Over the next three years (July 1, 2022 to June 30, 2025), this Agreement is projected to increase the labor costs for PMMEA represented employees as follows:

As part of the approved FY 2023 annual budget, some assumptions were made to account for the potential cost of negotiated increases. Adjustments will be made to the FY 2023 mid-year budget to account for the remaining costs. Appropriation for the remining provisions of the contract will be included in future annual fiscal year budgets.

ATTACHMENTS
• MOU between PMMEA and City of Patterson and incorporated salary schedule Salary Benefits Total General Fund Other Funds Total
PMMEA $ 513,037 $ 62,716 $ 575,752 $ 295,406 $ 280,347 $ 575,752 Salary & Benefits Fund Breakdown

5.7.a
Packet Pg. 97
Attachment: Continued report - PMMEA Staff Report 12-20-2022_Fiscal Impact (MOU PMMEA)

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF PATTERSON

AND THE
PATTERSON MANAGEMENT and

MID-MANAGEMENT EMPLOYEES ASSOCIATION
July 1, 2022 – June 30, 2025
Approved by City Council on December 20, 2022

5.7.b
Packet Pg. 98
Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF PATTERSON
AND
THE PATTERSON MANAGEMENT and

MID-MANAGEMENT EMPLOYEES ASSOCIATION

TABLE OF CONTENTS

1. TERM OF AGREEMENT................................................................................2

2. RECOGNITION...............................................................................................2

3. BARGAINING UNIT DEFINED.......................................................................2

4. MANAGEMENT RIGHTS ...............................................................................2

5. SCOPE OF AGREEMENT .............................................................................2

6. EMPLOYER-EMPLOYEE RELATIONS.........................................................3

7. SALARY/COMPENSATION...........................................................................7

8. HEALTH AND WELFARE BENEFITS .........................................................14

9. RETIREMENT ..............................................................................................19

10. WORK HOURS.............................................................................................21

11. HOLIDAYS AND LEAVES ...........................................................................21

12. SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE..........................24

13. LEAVES .......................................................................................................27

14. FILLING VACANCIES..................................................................................29

15. PERFORMANCE EVALUATIONS...............................................................31

16. PROBATIONARY STATUS .........................................................................31

17. GRIEVANCE PROCEDURE/DEFINITIONS.................................................32

18. DISCIPLINARY PROCEDURES ..................................................................34

19. LAYOFF PROCEDURE................................................................................39

20. UNIFORM PROVISION ...............................................................................41

21. SAFETY SHOE ALLOWANCE ....................................................................41

22. MEAL ALLOWANCE ...................................................................................42

23. OCCUPATIONAL HEALTH AND SAFETY..................................................42

24. COMMERCIAL DRIVERS LICENSE............................................................42

25. OUTSIDE EMPLOYMENT............................................................................42

26. PATTERSON VOLUNTEER FIREFIGHTERS .............................................43

27. PAST PRACTICES.......................................................................................43

28. FAIR EMPLOYMENT PRACTICE................................................................43

29. NON-DISCRIMINATION POLICY.................................................................44

30. SEVERABILITY............................................................................................44 Attachments
Appendix A - Bargaining Unit Classifications
Appendix B - Salary Schedule July 1, 2022

5.7.b
Packet Pg. 99
Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 2 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF PATTERSON
AND
THE PATTERSON MANAGEMENT and

MID-MANAGEMENT EMPLOYEES ASSOCIATION

1. TERM OF AGREEMENT
This Memorandum of Understanding (MOU) shall be in full force and effect for a three-year period commencing on July 1, 2022, and ending at midnight on June 30, 2025.

2. RECOGNITION
The City of Patterson (hereinafter "the City") recognizes the Patterson Management and Mid-Management Employees Association (hereinafter "Association") as the exclusive representative for labor relations purposes for all regular and probationary employees in the bargaining unit.

3. BARGAINING UNIT DEFINED
The bargaining unit includes the classifications listed in Appendix A.

4. 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; and to change or eliminate existing methods, equipment or facilities. The City agrees in the exercise of the management functions to comply with the provisions of this Memorandum of Understanding.

5. SCOPE OF AGREEMENT
A. Complete Agreement
This agreement is the result of the negotiation over all mandatory subjects of bargaining within the Association’s scope of representation, is complete and embodies the parties’ entire agreement. This agreement supersedes and replaces any agreement or letters of understanding executed prior to its effective date.

5.7.b
Packet Pg. 100 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 3 B. Interim Bargaining
The parties agree that this section shall apply only to matters which are not covered in this contract.

The parties recognize that it may be necessary for the City to propose a change in an area within the scope of bargaining.

The parties shall undertake negotiations regarding the proposed change to the employees where the subject matter of the change is within the scope of representation pursuant to the MMBA.

Any agreement resulting from such negotiations shall be executed in writing and shall become an addendum to this contract.

6. EMPLOYER-EMPLOYEE RELATIONS
A. Access to Personnel Files
Employees, or Association representatives with written permission from the employee, may inspect their individual personnel files upon request in writing to the City Manager or his/her designee at reasonable intervals during regular business hours of the City. Copies of personnel file contents will be provided without cost to the requesting party. Employees will be notified if a member of the public request’s information from the employee's file.

B. Access to Work Sites
The Association representative may access City work sites, following notice to the City Manager or his/her designee, 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 the operations of the City. The presence of the representative on a job site shall not be considered a disruption when the representative has given advance notice of his/her intent to be present.

C. Adding/Deleting Classifications
The City agrees to meet and confer with the Association prior to adding or deleting any job classification from the bargaining unit.

D. Contracting Out Work
The City agrees to meet and confer with the Association prior to contracting out any work normally performed by bargaining unit employees if such contracting out would displace a regular employee of the bargaining unit. 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.

5.7.b
Packet Pg. 101 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 4 E. Department Rules
The Association shall receive a copy of all department rules existing as of 7/1/2015. Pursuant to government Code Section 3500, no term or condition of employment will be changed in the future without meeting and conferring with the Association.

F. Association Representatives
Association representatives 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 not disrupt the operations of the City. Investigations by the Association representatives shall not be considered a disruption if the Association representatives has notified his/her immediate supervisor of his/her intent to conduct the investigation. Association representatives 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 could lead to disciplinary action.

G. Negotiators
The bargaining unit is authorized to have three negotiators. The negotiators will be allowed a reasonable amount of paid time off for the purpose of meeting with the Association’s professional representative to discuss negotiations and contract issues.

H. No Discrimination
The City will not discriminate or take adverse action against any represented employee because of membership in the Association, participation in lawful Association activity, or exercising the right to Association representation.

I. No Strike/No Lockout
The parties agree there will be no strikes and no lockouts during the term of the MOU.

J. Notice of New Hires
The City agrees to notify the Association of new hires to the bargaining unit, by name, within five days of hire.

K. Posting Association Information
The Association may post information at job site bulletin boards. A copy of posted information shall be forwarded to the City Manager or designee.

L. Representation Rights
Employees will be informed of their right to have an Association representative present prior to being questioned to obtain information which may be used to support a disciplinary action. This right to

5.7.b
Packet Pg. 102 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 5 representation includes an employee being questioned regarding a “reasonable suspicion” or “for cause” drug or alcohol test.

M. Payroll Deduction
The City shall deduct Association dues and other authorized deductions from members' paychecks using an appropriate authorization form and will forward said deductions to the Association within 10 days following each payday. The Association shall also receive a report showing dues paying members listed alphabetically including an itemization of the monies deducted.

The Association agrees to defend, indemnify, and hold harmless the City and its employees or agents, other than in cases of City negligence or misconduct, against claims of whatever nature arising out of said deductions or use of the deduction report.

N. Provision of Information to the Association
The City agrees to provide budget-related information to the Association without charge.

O. Paid Time for Association Meetings
Association members shall be allowed to attend Association meetings on paid time under the following conditions: The number of Association meetings cannot exceed six (6) in each year of the MOU. No Association member will be paid for more than one hour of attendance at each meeting. Not more than one meeting can be held in any one week. The Association shall notify the City of the date and time of each meeting.

Attendance at Association meetings may be denied to individual Association members if the time off would unduly interrupt the operations of the City.

P. New Employee Orientation and Employee Information

1. In compliance with Government Code Sections 3555 et. Seq., the Association shall be allowed to participate in initial orientation for new employees under the conditions established in this section. a. The City shall provide the Association with ten (10) days advance notice prior to any new employee orientation when practicable. The Association and employer jointly recognize that the City is a small employer, therefore, employee orientation frequently occurs with much less time than ten days between acceptance of an
employment offer and new employee orientation. While the City will provide the advance notice required by this section, it is not required to do so if the notice period would delay orientation for a new employee.
b. The Association may elect to participate in new employee orientation and shall be allotted reasonable time, not to exceed

5.7.b
Packet Pg. 103 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 6 twenty (20) minutes to present information about the Association and Association membership.
c. Association presentations or other participation in orientation shall be by a member of the Association’s Board of Directors. If the Association sends a bargaining unit employee to the orientation rather than its own paid staff, this shall not be considered “representation”, but rather an Association marketing function.

However, the employee shall be granted paid release time to attend the orientation up to the 20-minute limitation.
d. Association participation in orientation relieves the City from providing any information regarding the Association to the new employee as the Association would fulfill that function exclusively during orientation.
e. If the Association is unable, or elects not, to participate in orientation, the City will provide new employees with a packet of information from the Association to new employees, including an Association application and documents relating to membership. All packet materials shall be provided by the Association.

2. The City shall provide information to the Association as defined in this section as required by law.
a. The City shall, no more than 30 days following a new hire, provide the Association with the following information regarding the new employee: name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and home address.
b. The City shall provide a list of the above information about all bargaining unit employees every 120 days.
c. The City shall not be required to furnish any of the above information for any employee who makes a written request identifying specific items of information that the employee is electing not to share.
d. Per Government Code Section 6254.3, any information provided pursuant to this section shall not cause the information to become a public record.
e. Any information provided under this section shall be safeguarded by the Association and shall be used exclusively by the Association or their designated representative. No personal information regarding employees shall be shared by the Association or their

5.7.b
Packet Pg. 104 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 7 designated representative with any third-party vendors or affiliated organizations.

7. SALARY/COMPENSATION
A. All unit employees employed on or before July 1, 2021, shall receive a fifteen hundred dollars ($1,500.00) One Time Payment for Service During the COVID-19 Pandemic to be paid as soon as administratively feasible but no later than 30 days following ratification by PMMEA and City Council approval.

B. Cost of Living Adjustments (COLA):

Effective July 1, 2022, all Unit employees shall receive a 5% base pay salary increase. The pay increase shall be processed as soon as administratively feasible after the MOU is approved by Council.

Effective July 1, 2023, all Unit employees shall receive a minimum COLA of 3%. In addition, all Unit employees are eligible to receive, subject to availability of funds provision D below, a cost of living adjustment for amounts in excess of 3% equivalent to the percent change in the consumer price index for the period February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), for amounts in excess of 3% but not more than 5%.

Effective July 1, 2024, all Unit employees shall receive a minimum COLA of 3%. In addition, all Unit employees are eligible to receive, subject to availability of funds provision D below, a cost of living adjustment for amounts in excess of 3% equivalent to the percent change in the consumer price index for the period February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), for amounts in excess of 3% but not more than 5%.

C. Equity Increases (Subject to Availability of Funds Provision C below):

1. In addition to the COLA above employees in classifications up to 5% below market median shall receive an equity adjustment to bring them to market median, prior to COLA implementation in year 1.

2. In addition to the COLA above employees in classifications more than 5% below market median shall receive an equity adjustment of 5% in year 1. The remaining equity adjustment shall be divided equally and implemented over years 2 and 3 of the agreement.

Example: An employee that is 10% below market would receive the following equity adjustments:

5.7.b
Packet Pg. 105 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 8 • Year 1 5%
• Year 2 2.5%*
• Year 3 2.5%*

3. The year 1 salary schedule, attached, contains the equity and COLA adjustments for all Unit classifications as of July 1, 2022. Updated salary schedules for July 1, 2023, and July 1, 2024, will be prepared when the COLA and equity adjustments are determined each year pursuant to the terms above.

D. Availability of Funds: - For years 2 & 3 of the MOU any increase in excess of 3% but not more than 5% in accordance with the CPI provision above and equity adjustments pursuant to the compensation study shall be subject to the availability of funds criteria below:

1. In years 2 and 3 of this agreement, for each one percent (1%) increase in the local sales tax revenue rounded to the nearest onehalf percent (.5%), base wages may be increased by one-half of the percentage rounded to the nearest one-quarter percent (.025%), beyond the minimum COLA of 3%. (Examples: A revenue increase of 4% will support a total CPI increase of up to 5%, 2% beyond the minimum COLA of 3%. A revenue increase of 0% will yield a CPI increase of 0% beyond the minimum COLA of 3%.)

2. In years 2 and 3 of this agreement the maximum total CPI increase supported using this formula shall be five percent (5%) based on a four percent (4%) increase in local sales tax revenue.

3. In the event of a projected deficit in the General Fund for Fiscal Years 2023/2024 or 2024/2025, on or before April 1 of each year, the City Manager, Human Resources Director, Finance Director and up to three representatives of the Association will meet to review in good faith the City’s overall fiscal condition and reach a determination on whether salary increases, COLA or Equity adjustments, can be implemented during the upcoming fiscal year in a way that does not create an undue financial hardship on the City. If the increase is denied, the parties agree that the City Manager’s decision on this matter shall be final and not subject to any form of appeal.

E. Merit Steps
Pursuant to Personnel Policies Rules and Regulations, the City shall maintain a merit step compensation plan wherein each salary range consists of a minimum step, maximum step and three intervening steps.

The increase from one step to the next step in each range shall be five

5.7.b
Packet Pg. 106 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 9 percent (5%). Merit step increases shall not be automatic but shall be granted upon an overall satisfactory performance rating as reflected in an annual performance evaluation. Overall satisfactory performance is an average of all evaluation categories equal to 3 or more rating.

F. Out-of-Class Compensation
Employees formally designated by the City Manager as performing the duties of a higher class due to vacation, illness, leave, vacancy, or when dictated by the needs of the City, for a period of more than eighty (80) regularly scheduled working hours, shall receive out-of-class 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. Out-of-class status shall be retroactive to the first day and subject to no additional benefits.

G. Overtime – Non-Exempt Employees
An employee in a classification designated as “non-exempt” shall receive overtime pay at the rate of time and one-half of the employee's regular rate of pay for all hours worked in excess of forty (40) hours in the work week. Overtime shall be paid in accordance with the requirements of the Fair Labor Standards Act. However, at the employee's request and at the City's option, the employee may be granted compensatory time at the rate of time and one-half. Compensatory time off shall not exceed a total of sixty (60) hours without the written approval of the City Manager.

All hours worked shall be counted for the purpose of calculating overtime compensation.

An employee may be required to work more than eight (8) hours each day or more than forty (40) hours each week under the following conditions:

1. The department head shall first determine which employee(s) are qualified to perform the work.

2. The department head shall then offer the work to the qualified employee(s) in order of their seniority.

3. If an insufficient number of employees voluntarily accept the offer of work, the department head may require the employee(s) to work in inverse order of their seniority.

H. 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. Any employee assigned the responsibility of supervision over other employees shall remain at a higher salary step than all subordinate employees whom they supervise.

5.7.b
Packet Pg. 107 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 10 I. 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.

J. 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.

K. Education Incentives
The following incentives are available to employees within this bargaining unit. Those employees who are required through their job description to maintain a listed degree are not eligible for that incentive.

1. Associate’s Degree from an accredited college or university: 1.5%

2. Bachelor’s Degree from an accredited college or university: 3%

3. Master’s Degree from an accredited college or university: 3% The maximum incentive pay an employee can receive for the qualified degree is 3%.

L. Severance Provisions
The City Manager may provide represented employees with severance benefits not to exceed six (6) months’ salary upon termination from employment due to a reduction in force.

M. Bilingual Pay
The City has established a bilingual pay program for employees in this bargaining unit as determined by the Department Head and City Manager.

Under this program, employees who are fluent in both English and Spanish are eligible for a two percent (2%) incentive pay increase if the following conditions are met:

1. Employee during the course of his/her normal duties is asked to provide translation services to customers on a regular and consistent basis.

2. Employee has successfully passed the Spanish-English oral and written tests administered by Human Resources.

3. Department Head has determined that there is a need for translation services in his/her department and has authorized the employee to take the Spanish-English oral and written test to become eligible for Bilingual Pay.

5.7.b
Packet Pg. 108 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 11 The City shall reserve the right to conduct new written and oral tests for employees receiving bilingual pay at least once every three years to determine whether their bilingual skills remain adequate to fulfill the purposes of the program.

N. Longevity Pay
Longevity Pay is compensation in addition to the employee’s regular base pay. The total longevity pay increase any employee can receive during their term of employment is twelve percent 12%.

Eligibility & Qualifications

1. 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.

2. An employee is eligible for an additional five percent (5%) longevity pay increase only if he/she has been with the City fifteen (15) consecutive years.

3. 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.

O. Management Development Plan
Each represented employee may expend a specified amount per year for conferences, seminars, memberships, professional and technical publications, tuition, or other educational benefits. The Plan is funded in the budget by position, not by employee, with a maximum annual allowance per position of $1,000 (one thousand dollars).

P. Employees in the classifications of Chief Plant Operator, Public Works Supervisor and Recreation Services Supervisor (non-exempt), shall be compensated as follows:

1. Shift Differential
Any member of the bargaining unit assigned to work a shift which begins between 6:00 PM and 4:59 AM shall receive a ten percent (10%) wage differential for any time actually worked between these times. Payment received as shift differential shall be considered as base for retirement calculation purposes.

2. On-Call Compensation
On-call assignments shall be for a seven (7) consecutive day period beginning and ending at 4:00 PM on Tuesdays. Such seven (7) day assignments shall receive compensatory time in the amount of two (2) hours on weekdays and four
(4) hours on weekends and regularly observed City holidays. Maximum accumulation of compensatory time, without the written approval of the

5.7.b
Packet Pg. 109 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 12 City Manager, is eighty (80) hours, after which the time earned will be paid.

Additionally, employees assigned to on-call duty who live within the City limits of Patterson may take a City vehicle home to help improve response times to emergencies.

3. 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 leaves their place of residence and ends when the employee leaves the corporation yard.

4. Holiday Call-Back Compensation on Selected Holidays
For the following holidays, call-backs are compensated with a threehour minimum, but otherwise subject to the conditions of regular callback: Thanksgiving Day, day after Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Day.

5. Compensatory Time Off (CTO)
Overtime shall be paid in accordance with the requirements of the Fair Labor Standards Act. However, at the employee’s request and at the City’s option, the employee may be granted compensatory time at the rate of time and one-half. Compensatory time off shall not exceed a total of eighty (80) hours without the written approval of the City Manager.

6. Certificate Pay:

Effective upon approval of this MOU by the City Council, the following special compensation rates shall be effective. It is the intent of the parties that these compensation items shall be special compensation includable in final compensation for pension purposes, and that this MOU will be made publicly available as required under 2 CCR 571.

The following incentives are available to employees within this bargaining unit in the classifications of Facilities and Maintenance Supervisor, Public Works Supervisor and Recreation Supervisor (nonexempt).

5.7.b
Packet Pg. 110 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 13 Those employees who are required through their job description to maintain a listed license, certificate or degree are not eligible for that incentive.

A. Certificate Incentives:

1. Wastewater Treatment Plant Classifications:

Any Water or Wastewater Treatment Plant Certificate which exceeds that required by the minimum requirements listed in the Job Description. Only certifications by State Water Resources Control Board or State Department of Public Health will be accepted. 1%

2. Wastewater Treatment Plant Classifications:
i. Lab Analyst Certification 1%
ii. Wastewater Collections System
Operator – Grade I 1%
iii. Environmental Compliance Inspector 1%
iv. Industrial Waste Treatment Plant Operator 1%
v. Plant Maintenance – Grade I 1%
vi. Plant Maintenance Mechanical Tech 2, 3, 4 1%
vii. Plant Maintenance Electrical/Instrumentation 1%

3. All Classifications:
i. Arborist or Certified Tree Worker 2%
ii. CPR Instructor License (No more than one
employee at any given time will receive this
certification pay.)
1%
iii. Cross Connection Specialist 1%
iv. ISA Certified Arborist 2%
v. ISA Certified Arborist/Utility Specialist 2%
vi. ISA Certified Municipal Specialist 1%
vii. ISA Certified Tree Worker/Aerial Specialist 2%
viii ISA Board Certified Master Arborist 2%
ix Qualified Applicators License 1%
x Water Distribution Operator I 1%
xi Water Distribution Operator II 1%
xii Water Distribution Operator III 1%
xiii State Water Resources Control Board Certificate 1% xiv Wastewater Collection System Operator I 1%
xv Wastewater Collection System Operator II 1%

5.7.b
Packet Pg. 111 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 14 xvi Wastewater Collection System Operator III 1%
xvii Wastewater Distribution III 1%
xviii Water Treatment Operator II 1%
xix Water Treatment Operator III 1%
The maximum incentive pay an employee can receive for qualified certificates is 4%.

The maximum incentive pay an employee can receive for the combination of qualified certificates and degree is 6%.

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.

All employees in regular positions budgeted for forty (40) hours or more per pay period 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 L 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 January 1, 2016.

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 January 1, 2016.

The City shall establish 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:
.

1. Current Employee Active Standard Benefit.
• Subscriber Only Up to 100% of the Northern
California Area premium rate,
by category.
• Subscriber Plus One Up to 100% of the Northern

5.7.b
Packet Pg. 112 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 15 California Area premium rate,
by category.
• Subscriber Plus Two or more Up to 100% of the Northern California Area premium rate,
by category.

2. New Hire Active Standard Benefit Only-
• Subscriber Only Up to 80% of the Northern
California Area Kaiser premium,
by category.
• Subscriber Plus One Up to 80% of the Northern
California Area Kaiser premium,
by category.
• Subscriber Plus Two or more Up to 80% of the Northern California Area Kaiser premium,
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 80% of the Northern California Area Kaiser premium, by category, toward the premium for that employee’s choice of plan.

3. Employees who are covered by an alternate health insurance provider through spousal or parental coverage acceptable to the City shall have the choice to opt out of the City’s health insurance. Upon proof of alternate health insurance, the City agrees to pay to the employee fifty percent (80%) of the premium cost for the Kaiser “employee only” rate.

The employee may elect to use these funds to participate in the City’s deferred compensation account.

5.7.b
Packet Pg. 113 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 16 C. Medical

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 required under Section 8, Subsection A above, 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 the 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 Association prior to making any changes to the health plan. This section shall also apply to medical retiree benefits.

D. 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.

E. Vision Insurance
The City will provide vision insurance and pay the family composite premium for Vision Service Plan A, with a $0 employee co-payment for eye examinations, and a $20.00 employee co-payment for materials.

F. Optional Insurance Plans
The City shall offer at least two (2) optional insurance plans for employee participation. Optional insurance may include accident, disability, or other specialized insurance products. These optional elements shall be offered to employees within the Cafeteria Plan on a pre-tax basis.

G. 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.

5.7.b
Packet Pg. 114 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 17 Dependent life insurance up to a $5,000 benefit will be provided with no premium cost to the employee.

H. Long Term Disability Plan
The City agrees to provide long-term disability insurance for all represented personnel equivalent to sixty-six and two-thirds (66 2/3’s) of pre-tax monthly earnings, not to exceed the plan’s maximum monthly benefit amount, less other income sources. Maximum monthly benefit is six thousand dollars ($6,000.00). Benefit document shall be controlling and is available upon request from the Human Resources Department.

I. Employee Assistance Program
The City will continue to offer an EAP in conjunction with the City’s selfinsured 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. Contact Human Resources Manager for information.

J. State Disability Insurance
SDI is now in force for bargaining unit employees. There is no charge to the employee for the administration of 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. In order to do this, the employee must remit to the City the check from SDI. The employee may also choose not to supplement SDI with accumulated leave. An employee may lose benefits if he/she is in unpaid status for more than one (1) month.

K. Worker’s Compensation
The City shall continue to cover employees under Worker’s Compensation. Employees who receive Worker’s Compensation benefits shall be entitled to supplement these benefits with accumulated leave time up to the amount of his/her regular monthly salary. In order to do this, the employee must remit to the City their Worker’s Compensation check. An employee may also choose not to supplement Worker’s compensation benefits with accumulated leave time.

L. Retiree Medical
The City shall establish a Section 115 compliant plan for the reimbursement of retiree medical expenses subject to the following:

5.7.b
Packet Pg. 115 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 18 For purposes of this section, the terms “current employee” and a “new hire” are defined as previously established in Section 8, subsection B, of this MOU.

2. Retirees (current employees) – Ages 55-65
Current employees, hired prior to January 1, 2016, who retire from the City with at least ten (10) years of service with the City, between the age 55 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 the following schedule:

Years of Service Percentage of Active Standard
Benefit
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%
For current employees who retire under this section, the Active Standard Benefit City contribution is as follows:
• Subscriber only- Up to 80% of the Northern California Area Kaiser premium, by category.
• Subscriber Plus One- Up to 80% of the Northern California Area Kaiser premium, by category.
• Subscriber Plus Two Up to 80% of the Northern California or more- Area Kaiser premium, by category.

3. Retirees over age 65 or upon Medicare eligibility (Current Employees)

5.7.b
Packet Pg. 116 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 19 Current employees hired prior to January 1, 2016, irrespective of their years of service with the City, who retire at age 65 or older (or Medicare eligibility age, whichever is later), are eligible for a stipend of up to five hundred dollars ($500.00) per month. This stipend shall not be less than the PEMHCA minimum and not greater than the premium for coverage elected on a reimbursement basis.

4. Service Retirement
Current employees who retire between ages 50-55 and enroll in a CalPERS PEMHCA medical plan shall be entitled to only the minimum Employer contribution, pursuant to CalPERS PEMHCA resolution.

New hire employees (employees hired on or after January 1, 2016), shall be entitled to only the minimum employer contribution upon retirement, pursuant to CalPERS PEMHCA resolution.

5. Disability Retirement
Current employees who retire due to disability between ages 50-55 and enroll in a CalPERS PEMHCA medical plan may be entitled to the standard benefit subject to the vesting schedule above. Disability to be confirmed and uncontested by the City and determined on a case-bycase basis.

9. RETIREMENT
It is the intent of the parties that these sections be interpreted in accord with PEPRA 2013 and attendant CalPERS regulations.

A. Definitions:

New Member Employees:
• 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.
• 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.
• 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 (6) months.

Classic Member Employees:
• Employee members who do not meet the definition of “New Employee Members” as provided by Government Code section 7522.04(f).

5.7.b
Packet Pg. 117 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 20 B. Classic Miscellaneous Members: Classic Miscellaneous Members shall be provided the 2.7% at 55 retirement formula.

Employee Contribution - 2.7% at 55 Pension Plan: Effective upon CalPERS acceptance of contract amendments and as administratively feasible, employees shall contribute through payroll deduction, fifty percent (50%) of the normal employer cost for retirement benefit (rounded to nearest ¼ of 1%), up to a maximum of eight percent (8%) according to PEPRA, based on normal employer cost for PERS Retirement Formula

2.7% @ 55. Amounts shall be treated as Member Contributions and remain subject to portability and withdrawal.

C. New Miscellaneous Member: New Miscellaneous Members shall be provided the 2% at 62 Pension Plan.

Employee Contribution – 2% @ 62 Pension Plan: Employees, hired after January 1, 2013, currently contribute, through payroll deduction, fifty percent (50%) of the normal employer cost for retirement benefit (rounded to nearest ¼ of 1%).,
D. Safety Members: Classic Safety Members and New Safety Members shall be provided the pension benefits provided in the MOU between the City and the Patterson Firefighters Association.

E. The following pension benefits are provided to all employees:

1. Disability Retirement: Government Code Section 21298: Improved Non-Industrial Disability Allowance. There is no cost to the employee.

2. Survivor Benefits: Government Code Sections 21380-21387: 1959 Survivor Benefits. The cost to the employee is two dollars ($2.00) each month.

3. Sick Leave Conversion at Retirement: Government Code 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 for each day of unused accumulated sick leave. There is no cost to the employee.

4. Final Compensation: For purposes of determining a retirement benefit, the final compensation for an employee member covered by Section 9A, shall mean the highest annual average pensionable compensation during thirty-six (36) consecutive months of service.

10. WORK HOURS

5.7.b
Packet Pg. 118 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 21 A. Workday and Work Week
Eight hours, exclusive of lunch periods, shall constitute a day's work for all full-time employees. It shall be the duty of each department head to arrange the work of the department so that each employee therein shall work not more than five (5) consecutive days in each calendar week, except that a department head, with approval of the City Manager, may assign an employee to temporarily perform service in excess of eight (8) hours per day or five (5) days per week when public necessity or convenience so requires. Department heads will not temporarily change an employee's regular work schedule to avoid payment of overtime.

B. Flex Time
A flexible work schedule may be developed and implemented whereby designated employees may be allowed to work a total of eighty (80) hours within a two-week period regardless of the number of hours worked per day, subject to approval of the department head and City Manager or his/her designee. The flexible work schedule shall be maintained as long as the needs of the public and the City are explicitly met.

C. Lunch and Break Periods
Because of varying work shifts, flex times, and job conditions, lunch and break periods are scheduled with the supervisor. Typically, a one (1) hour or one half (1/2) hour lunch break is provided. Two (2) break periods of fifteen (15) minutes each are also provided. Break periods cannot be accumulated; however, the City will respond to situations where employees are required to work through breaks and lunches.

11. HOLIDAYS AND LEAVES
A. Holidays

1. Designated Holidays: All City employees shall have the following holidays with pay and shall not be required to work on such holidays except as hereinafter provided.
a. January 1st (New Year's Day)
b. Martin Luther King Day
c. Presidents’ Day
d. Last Monday in May (Memorial Day)
e. June 19th (Juneteenth)
f. July 4th (Independence Day)
g. First Monday in September (Labor Day)
h. November 11th (Veteran's Day)
i. Fourth Thursday in November (Thanksgiving Day)
j. The day following (Thanksgiving Day)
k. December 24th (Christmas Eve)
l. December 25th (Christmas Day)
m. December 31st (New Year’s Eve)
n. Any one-time Holiday proclaimed by the President of the United States or the Governor of California (ex: a national day of

5.7.b
Packet Pg. 119 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 22 mourning).

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, or 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 receive holiday pay.

B. Vacation

Length of Service Vacation Days Monthly Accrual in Hours Hire date thru 5 years 14.25 days 9.5
6 thru 8 years 17.25 days 11.5
9 thru 14 years 20.25 days 13.5
15 thru retirement 22.25 days 14.833

2. Maximum Accrual
Employees may accrue up to a maximum of 356 hours at any one time during the calendar year. When an employee has accumulated 356 hours, vacation accrual will stop until his/her balance falls below 356 hours. It shall be the responsibility of the employee and the department head to ensure that employees utilize credited vacation leave within the limitations set forth herein. Employees may only accrue more than 356 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.

Annual accrual for represented Fire Department employees on either the 56-hour schedule or non-shift schedule shall be the same as provided in the MOU between the City and the Patterson Firefighters Association.

3. Vacation Usage and Approval
The time during the calendar year at which an employee may take vacation shall be determined by the department head with due consideration given to the wishes of the employee and with particular regard for the needs of the City. Employees may not utilize vacation during the first six months of employment. An employee wishing to schedule a vacation in excess of ten working days must request approval of the City Manager or his/her designee at least ten (10)

5.7.b
Packet Pg. 120 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 23 working days prior to the vacation time requested. The employee will receive a response within 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 ten consecutive working days, 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. Holidays During Vacation
When one or more legal municipal holidays fall within a vacation leave, such day or days shall not be charged as vacation leave.

5. Vacation and CTO Cash Out on Termination
Any employee who terminates service with the City shall be entitled to cash payment for all accumulated vacation hours and compensating time off hours (CTO) up to a maximum of 416 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 2080.

Termination resulting from the death of an employee shall cause the vacation cash-out to be paid to the estate of the employee.

6. Employees have the option to elect cash in lieu for up to one year’s annual vacation accrual up to a maximum of one hundred twenty (120) hours of accrued vacation leave twice every twelve (12) months in accordance with the following criteria:
• 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 must be received by payroll no later than December 31st for the following calendar year.
• Vacation conversion shall not be unreasonably denied. • Requests for November distribution will be paid out the last pay period of November.
• Requests for June distribution will be paid out the last pay period of June.
• In no event will a cash distribution exceed the number of hours the employee has actually accrued for the period of time between January 1 and the distribution date.
• All distributions shall be made by separate payroll document whether traditional paper check or electronic direct deposit.

5.7.b
Packet Pg. 121 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 24 • On an emergency basis 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.
• A safety net of 40 hours minimum balance must be remaining after cash out.

C. Administrative Leave
Represented employees shall be granted 80 hours of paid administrative leave per year. Administrative leave shall be used under the same provisions as vacation. Administrative leave shall be credited to each employee on July 1 of each year. Any unused administrative leave remaining on June 30 shall be paid to the employee at the employee’s regular rate of pay. Upon termination, any unused administrative leave shall be paid on a pro-rated basis.

New hires to this bargaining group will be credited with pro-rated hours based on hire date, for first year of membership.

This provision does not apply to non-exempt members who are eligible for overtime.

12. SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE
A. Sick Leave

1. Sick Leave Defined
For the purpose of this provision, family member shall be restricted to the employee member’s parent, sibling, spouse, domestic partner, child, parent-in-law, brother-in-law, sister-in-law, grandparent, grandchild, stepparents, stepchildren, or stepsibling, where there is a child rearing relationship.

Sick leave shall be allowed and used for any of the following purposes:
a. Diagnosis, care, or treatment of an existing health condition of the employee or his/her family member.
b. Preventive care for the employee or his/her family member. c. Other purposes authorized by Labor Code Section 246.5 (leave for victims of domestic violence, sexual assault, or stalking).

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 and comp time shall be allowed upon request of the employee in writing. Sick leave will not be granted for illness, injury, medical condition, or other health related reason 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

5.7.b
Packet Pg. 122 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 25 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 8 hours per month, following completion of one month of service with the City, provided that the employee was in pay status for not less than 50 percent of the month. Employees who were in pay status for less than 50 percent of the month shall accrue sick leave at a rate of one (1) hour for every thirty (30) hours worked. There is no maximum accrual amount for sick leave. In order 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, or as soon as reasonably possible. The employee may be required by the department head at the time he/she calls in to use sick leave, or as soon as reasonably possible, to provide a physician’s certificate of illness, injury, medical condition, or other health-related reason specified in subsections “a” and “b” above. Department heads shall only require a physician's certificate if abuse of sick leave is reasonably suspected.

However, when an employee is absent due to illness or injury for three (3) consecutive workdays or longer, a physician's certificate or a personal affidavit may be required by the department head or Human Resources.

3. Accumulated Sick Leave on Retirement
Accumulated sick leave may be used for the purpose of computing an employee’s PERS retirement. 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
Up to five days bereavement leave may be granted to a regular employee by his/her department head in the event of a death in the employee's family. For the purpose of this provision, the immediate family shall be restricted to father, mother, brother, sister, spouse, domestic partner, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, close relative residing in the household of the employee, grandparent, grandchildren, stepparents, stepchildren, or stepsibling, where there is a child rearing relationship. Requests for bereavement leave in excess of three days shall be subject to approval of the City Manager and will be charged to accumulated leave for the number of days in excess of the first three days.

C. Family Leave

5.7.b
Packet Pg. 123 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 26 Each regular full-time employee having completed a minimum of one year of continuous employment with 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 Leave Act of 1993.

Family is defined as an employee’s child (biological, adopted, foster, stepchild or legal ward under the age of eighteen), legal spouse as defined in Civil Code section 4100, or parent.

1. In-patient care in a hospital, hospice, or residential care facility; or

2. Continuing treatment or continuing supervision by a health care provider.

During this period of leave, the employee may use any combination of available accrued types of leave, i.e., sick, vacation, compensatory time, etc., including a leave of absence without pay.

Unless there is a medical reason that the employee cannot return to work at the end of the ninety (90) day period, as evidenced by a report from a medical doctor, the employee will be considered due back at the end of that time. All requests for an extension of the ninety (90) day period of leave for non-medical purposes will be evaluated on a case-by-case basis by the City Manager.

D. Family Medical Leave Act
In addition to that required by the FMLA, the City will:

5.7.b
Packet Pg. 124 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 27 1. Begin the one (1) year eligibility for twelve (12) week leave with the first day for which the employee is granted leave.

4. In addition to immediate family, grandparents, grandchildren, and parents-in-law, are covered as reasons for requesting FMLA leave.

13. LEAVES
A. Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager or his/her designee 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.

B. 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 battle assemblies.

C. Jury Duty Leave
Regular and probationary employees who are summoned to serve on jury duty or are subpoenaed as a witness in any court in this State or the United States, or any administrative board or tribunals, 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 must return to work if not required to attend jury duty on a particular day.

D. Catastrophic Leave Bank
The City agrees to establish a Catastrophic Leave Bank (CLB) to assist employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The (CLB) will allow the bargaining unit employees to donate time to affected employees within and outside the unit, so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. This donated time will be placed in a CLB and drawn down from the CLB by the eligible employee.

5.7.b
Packet Pg. 125 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 28 Eligibility
To be eligible for this benefit, the receiving employee must: 1) Be a regular full-time employee, 2) Have sustained or have an immediate family member who has sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave, including vacation, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least 30 days or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and significant personal care; and 5) Conformed with the requirements of the Family Medical Leave Act and/or Worker’s Compensation.

However, if approved by the Department head and the Human Resources Director the total leave credits may be extended on a case-by-case basis, subject to review by the City Manager or designee.

Guidelines for Donating Leave Credits to The Time Bank

1. Accrued sick leave, vacation leave, and compensatory time off may be donated by any regular full-time employee who has completed his/her initial City probationary period.

2. Time donated will be converted from vacation or compensatory time to sick leave hours and credited to the CLB sick leave time on an hourfor-hour basis and shall be paid at the rate of pay of the receiving employee.

3. The total amount of time donated to the CLB shall not exceed forty (40) hours by an employee in a Fiscal Year. The total leave credits received by the employee shall not exceed 6 weeks or 240 hours; however, the City Manager may approve an extension up to 12 weeks or 480 hours total time.

4. An employee cannot donate leave hours that would reduce his/her sick or vacation balance to less than 120 hours each.

5. Under all circumstances, time donations received for the employee are forfeited once made by the employee making the donation.

6. Taxability of leave donated or received under this program will be governed by Internal Revenue Service Guidelines.

7. For the purpose of the Section, “Immediate family member” as referenced under Bereavement Leave shall be defined as provided for in Section 12 B, Bereavement Leave.

8. Under extenuating and extraordinary circumstances and upon recommendation of the City Manager exceptions may be granted on a

5.7.b
Packet Pg. 126 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 29 case-by-case basis. Such exceptions shall not establish practice or precedence.

14. 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.

Examinations may be open or promotional at the discretion of the Director of Human Resources, 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
Employees who are not selected shall have five working days to appeal the 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 to time.

D. Eligibility List
Following the examinations, an eligibility list shall be established to determine the names of applicants who have achieved minimum rank.

Such applicants shall be deemed as qualified for appointments pending

5.7.b
Packet Pg. 127 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 30 further review by the appointing authority and other qualifying procedures, including reference checks, medical examinations, and background investigations. 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 City Manager or his/her designee. Eligibility lists shall be certified by the Director of Human Resources.

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.

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 City Manager or his/her designee. Retirement benefits shall be subject to applicable PERS regulations.

F. Transfers

2. Employer Initiated Transfers
The City reserves the right to transfer employees from one position to another, one division to another or one department to another if the transfer is necessary for the purpose of economy or efficiency. The City shall determine the employee chosen based on the employee’s qualifications and fit for the new position, division, or department. In

5.7.b
Packet Pg. 128 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 31 cases where employees have equal qualifications management will, with seniority playing a role, along with other factors determine the candidate for the transfer. The City agrees to meet with the Association 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. A qualified employee may be transferred, provided the transfer has been approved by the employee's supervisor, the gaining supervisor and the City Manager or his/her designee.

15. PERFORMANCE EVALUATIONS
A. 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 shall be given to the employee on their anniversary date each year 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. 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. It is understood that performance deficiencies will be addressed in a timely manner, with the intent of correcting said deficiencies. Anniversary date for evaluation purposes shall be determined by either date of hire or date of promotion to existing position.

A. Original Appointments
Original appointments to a position within the classified service shall be subject to a probationary period of no less than one (1) year. The probationary period may be extended with the approval of the City Manager for a period not to exceed an additional six (6) months. 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.

5.7.b
Packet Pg. 129 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 32 B. Promotional Appointments
Promotional appointments shall be subject to a probationary period of six (6) months and may be extended by the department head for not more than three (3) months with the approval of the City Manager. Failure to notify an employee in writing, within six (6) 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.

E. Rejection of Probation
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.

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.

17. 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 Association on behalf of one or more employees, contending that the City has violated or misapplied a term or condition of employment as 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 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

5.7.b
Packet Pg. 130 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 33 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 and the City.

E. Notification
A grievance shall be submitted in writing and shall include at a minimum:

1. Nature of the grievance.

2. Date when the incident occurred.

3. Description of the incident.

4. Rule violated.

F. Steps in the Grievance Procedure

1. First Step-Informal Discussion
Employees are encouraged to discuss and resolve allegations of a grievance with their immediate supervisor within 10 working days of the occurrence causing the alleged grievance. The immediate supervisor shall inform the employee verbally of his/her decision within 5 working days of the initial discussion. 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
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 five (5) working days of the immediate supervisor's response in the first step. If the grievant’ s immediate supervisor is the Department Head, the grievance shall be considered at the third 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 five (5) working days of submission of the written grievance.

3. Third Step-Department Head
If the grievance is not satisfactorily resolved in the second step, it may be submitted in writing to the employee's department head within five (5) working 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 ten (10) working 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 five (5) working days after the aforementioned meeting.

5.7.b
Packet Pg. 131 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 34 4. Fourth 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) working 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 to the City Manager. The employee's written appeal shall specify which option is to be utilized.
a. Appeal to City Manager
Within ten (10) working 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 person(s) 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 five (5) working 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 paid by the City.

18. 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 by the disciplined employee. The concept of progressive discipline shall govern the imposition of discipline.

B. Types of Disciplinary Action

5.7.b
Packet Pg. 132 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 35 Disciplinary actions include reprimands, suspensions, demotions, and dismissal as defined below:

1. Verbal Reprimands
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 warning 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 if the employee has received no further verbal reprimands or written reprimands within three years of the initial verbal reprimand. An employee may request the City Manager to remove the written record from his/her personnel file after the written record has been in the file for one (1) year.

3. 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.

4. Demotion

5.7.b
Packet Pg. 133 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 36 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.

5. 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. 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.

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 .

5.7.b
Packet Pg. 134 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 37 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 as to cause 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
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 City Manager or his/her designee, and then delivered to the employee in person or by certified mail, with a timely copy provided to the Association (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 ten (10) working days from the date the proposed disciplinary action is received to request this meeting.

5. The employee shall be given a copy of all materials upon which the action is based. All charges filed against a permanent employee shall be documented in clear and concise language. 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

5.7.b
Packet Pg. 135 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 38 Within ten (10) working 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 ten (10) working 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 forty (40) hours, a demotion, or a termination.

1. Advisory Arbitration
The impartial arbitrator shall be selected by the employee and/or designated representative and the City. The cost of the arbitrator, if any, shall be borne by 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) working days of the receipt of the advisory opinion.

2. City Manager
An employee may submit the appeal directly to the City Manager.

Within ten (10) working 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.

The hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code of California, except that the

5.7.b
Packet Pg. 136 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 39 appellant and other persons may be examined as provided in Section 19580 of said Government Code.

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 crossexamination.

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 may be conditioned such that the employee remain available and in daily telephone contact with the employer.

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.

5.7.b
Packet Pg. 137 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 40 C. Order of Layoff
In an affected class, employees 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 satisfactory. 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 in the same class series.

2. Bump an employee with less seniority in a lower class previously held, this bump right is subject to the employee's last evaluation in the prior class being an overall rating of satisfactory or above. To retain the new position, the employee must bring any single section of the last evaluation in the previous position which was below satisfactory up to satisfactory or above within six (6) months.

3. Demote to a vacant position in a class previously held. This right is subject to the employee's last evaluation in the prior class being an over-all rating of satisfactory or above. To retain the new position, the employee must bring any single section of the last evaluation in the previous position which was below satisfactory up to satisfactory or above within six (6) months.

4. Accept the layoff and be placed on the Re-Employment List.

Any employee subject to layoff as a result of the bumping rights listed herein shall, in turn, be given the same bumping rights.

Vacancies which occur within one (1) year of layoff will be offered to employees on the re-employment list in the same order in which the employees were laid off.

5.7.b
Packet Pg. 138 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 41 Employees who are qualified, pursuant to the same rules by which they were laid off, shall be offered vacancies as they occur.

20. UNIFORM PROVISION

Fire Department employees represented by the Association shall receive the same uniform provisions as provided to the Patterson Firefighters Association.

The City shall provide and launder uniforms for all maintenance and wastewater treatment employees.

21. SAFETY SHOE ALLOWANCE
The City shall reimburse employees in eligible classifications up to seventyfive dollars ($75) annually for the purchase of safety shoes. The City will reimburse up to one-hundred seventy-five dollars ($175.00) for the purchase of steel toed safety boots, subject to verification the boots are steel toed.

Employees must submit a sales receipt to Finance within thirty (30) days of purchase in order to receive reimbursement. It is understood that employees who receive reimbursement for the purchase of safety shoes or steel toed safety boots will actually wear said shoes when working for the City.

Employees in the following classifications are eligible for the safety shoe allowance: Capital Projects Manager, Electrical Instrumentation Manager, Recreation Facilities Superintendent, Public Workers Supervisor and Recreation Supervisor, Management Analyst, Assistant Engineer, Associate Engineer, Wastewater Manager, Chief Plant Operator, or any classification approved at the discretion of the Director or City Manager.

22. MEAL ALLOWANCE
An employee required to work four (4) or more hours beyond the scheduled shift on emergency work, or for four (4) or more consecutive hours of work when on Standby or Call-Back, shall be given a twelve-dollar ($12.00) voucher for a meal allowance to be used at the approved vendors and shall

5.7.b
Packet Pg. 139 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 42 be entitled to a thirty (30) minutes unpaid meal period for every additional four (4) hours worked. Only one (1) twelve-dollar ($12.00) voucher shall be given per shift unless the employee works four (4) or more consecutive hours and is released from duty and then must return for four (4) or more hours in the same shift.

23. OCCUPATIONAL HEALTH AND SAFETY
Occupational health and safety are the mutual concern of the employer, the Association, and employees. To that end, the City shall comply with applicable Federal, State, and local safety laws, rules and regulations and ensure that employees will do the same.

24. COMMERCIAL DRIVERS LICENSE
An employee required to obtain and/or maintain a Class A or Class B Commercial Driver License as a condition of employment shall not be terminated from service without first having had the opportunity to pass the written and/or driving test two (2) times. An employee who has failed either test must, however, request a second test within thirty (30) calendar days after receiving notice the first test was failed. The City agrees to provide reasonable assistance to help employees pass the written and driving tests.

25. 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 conflicts 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.

5.7.b
Packet Pg. 140 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 43 change occurs, employees shall apply for a new approval for outside employment as provided herein.

1. With approval of the City Manager and Department head, employees may be employed or conduct business outside City employment consistent with the limitations above.

2. 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.

26. PATTERSON VOLUNTEER FIREFIGHTERS
Members of the bargaining unit who are also volunteers with the City’s Fire Department may, with approval of their supervisor, respond to two-alarm calls within the City limits. Requests will only be granted when the absence of the employee will not negatively affect the operations of the City. Time spent responding to such emergencies shall be considered time worked if such time is within the employee’s normal work hours.

27. PAST PRACTICES
The City agrees that practices and policies not changed by this agreement will continue during the term of the contract.

28. FAIR EMPLOYMENT PRACTICE
The City of Patterson assures any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the City Manager or his/her designee, 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.

29. NON-DISCRIMINATION POLICY
The City shall offer equal employment to all persons without regard to race, religious creed, color, ancestry, sex, sexual orientation, gender, gender identity, gender expression, age, national origin, religion, physical or mental disability, medical condition, genetic information, marital status, or military or veterans' 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.

5.7.b
Packet Pg. 141 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 44 30. 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.

5.7.b
Packet Pg. 142 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 45 APPENDIX A

BARGAINING UNIT CLASSIFICATIONS
Accountant
Accounting Manager
Assistant Engineer
Associate Engineer
Associate Planner
Capital Projects Manager
Chief Plant Operator
City Planner
Electrical Instrumentation Manager
Fire Administrative Manager
Fire Marshal
Management Analyst
Operations Supervisor
Recreation Facilities Superintendent
Recreation Supervisor, Programs
Recreation Services Manager
Revenue & Utility Billing Manager
Supervising Accountant
Utilities Supervisor
Wastewater Manager
Water Resources Program Manager

5.7.b
Packet Pg. 143 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 46 APPENDIX B
Patterson Management and Mid-Management Employee Association (PMMEA)
Salary Schedule
EFFECTIVE JULY 01, 2022

5.7.b
Packet Pg. 144 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) 1 MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF PATTERSON
And
PATTERSON MANAGEMENT and MID-MANAGEMENT EMPLOYEE ASSOCIATION (PMMEA)
Pursuant to the Personnel Rules and Regulations of the City of Patterson and Section 3500 et seq of the Government Code, the duly authorized representatives for the City and PMMEA, having met and conferred in good faith concerning the issues of wages, hours, terms, and conditions of employment as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.

FOR THE CITY: FOR PMMEA:
_____________________________ __________________________________ Ken Irwin, City Manager Tony Arguelles, Labor Representative _____________________________ __________________________________ Marie Guillory-Jones Xavier Guluarte, PMMEA President
Director of Human Resources
_____________________________ __________________________________ Patrick Clark William Barrera, PMMEA Vice-President
Chief Labor Negotiator
_________________________________
Tiffany Rodriguez, Secretary

5.7.b
Packet Pg. 145 Attachment: PMMEA MOU DRAFT 2022-2025 12072022 (Final) (MOU PMMEA) City Council Agenda Report
TO:

FROM:

BY:

Mayor Clauzel and Members of the City Council
Ken Irwin, City Manager
Marie Guillory Jones, Director of Human Resources
MEETING DATE: December 20, 2022
ITEM NO: 5.8
SUBJECT: Approve the Part-Time Salary Schedule Effective January 1, 2023

RECOMMENDATION
Motion to Approve the Part-Time Salary Schedule Effective January 1, 2023.

BACKGROUND
Currently, the state of California’s minimum wage is set at a rate of $15.00 per hour for employers with 26 or more employees. This hourly rate is based on legislation, whereby the state committed to increasing its minimum wage from $10.50 per hour to $15.00 per hour, phased in over a six-year period ending in January 2022. In July of 2022, the state of California once again increased the minimum wage to $15.50 an hour, effective January 1, 2023.

ANALYSIS
To be compliant with state law, all City positions that fall below the required minimum must be increased by at least $0.50 to an hourly rate of $15.50. The positions below the 2023 minimum wage rate are:
· Cashier,
· Crossing Guard, and
· Recreation Leader.

Increasing the above positions without regard for corresponding classifications or other part-time positions will create internal inequities between the positions. In order to maintain salary

5.8 Packet Pg. 146
relationships and the value of each part-time position, it is recommended that all part-time classifications be increased by $0.50, the exact amount of the 2023 minimum wage increase.

The proposed Part-Time Salary Schedule, effective January 1, 2023, is attached for your review and approval.

5.8 Packet Pg. 147

FISCAL IMPACT
The fiscal year 2023 impact to the General Fund is $13,362.00

5.8.a
Packet Pg. 148 Attachment: Continued report - Staff Report - PT Salary Schedule Effective 01.01.23_Fiscal Impact (Part-Time Salary Schedule) Job Classification
Administrative Step A Step B Step C Step D Step E
Account Clerk $ 17.71 $ 18.60 $ 19.53 $ 20.50 $ 21.53
Accountant $ 31.05 $ 32.60 $ 34.23 $ 35.94 $ 37.74
Admnistrative Assistant $ 19.94 $ 20.94 $ 21.98 $ 23.08 $ 24.24 Environmental Compliance Specialist $ 21.04 $ 22.09 $ 23.20 $ 24.36 $ 25.57 Student Intern $ 17.33 $ 18.20 $ 19.11 $ 20.06 $ 21.06
Recreation Step A Step B Step C Step D Step E
Cashier $ 15.50 $ 15.75 $ 16.00 $ 16.25 $ 16.50
Crossing Guards $ 15.50 $ 15.75 $ 16.00 $ 16.25 $ 16.50 Facility Attendant $ 16.50 $ 16.75 $ 17.00 $ 17.25 $ 17.50 Lead Cashier $ 16.50 $ 16.75 $ 17.00 $ 17.25 $ 17.50
Lead Recreation Leader $ 16.50 $ 16.75 $ 17.00 $ 17.25 $ 17.50 Lifeguard $ 17.50 $ 17.75 $ 18.00 $ 18.25 $ 18.50
Pool Manager $ 18.25 $ 18.50 $ 18.75 $ 19.00 $ 19.25
Pool Manager Instructor Certified $ 18.50 $ 18.75 $ 19.00 $ 19.25 $ 19.50 Recreation Coordinator $ 19.01 $ 19.96 $ 20.96 $ 22.01 $ 23.11 Recreation Leader $ 15.50 $ 15.75 $ 16.00 $ 16.25 $ 16.50 Recreation Specialist $ 17.25 $ 17.50 $ 17.75 $ 18.00 $ 18.25 Senior Lifeguard $ 18.00 $ 18.25 $ 18.50 $ 18.75 $ 19.00 Senior Lifeguard Instructor $ 18.00 $ 18.25 $ 18.50 $ 18.75 $ 19.00 Senior Lifeguard Instructor Certified $ 18.25 $ 18.50 $ 18.75 $ 19.00 $ 19.25 Sports Official $ 16.50 $ 16.75 $ 17.00 $ 17.25 $ 17.50 Swim Instructor $ 16.50 $ 16.75 $ 17.00 $ 17.25 $ 17.50 Swim Instructor Certified $ 16.75 $ 17.00 $ 17.25 $ 17.50 $ 17.75 Operations and Maintenance and Public
Works Step A Step B Step C Step D Step E
Facility Custodian $ 17.00 $ 17.25 $ 17.50 $ 17.75 $ 18.00 Maintenance Worker (All Divisions) $ 18.16 $ 19.07 $ 20.02 $ 21.02 $ 22.07 Wastewater Operator $ 21.43 $ 22.50 $ 23.63 $ 24.81 $ 26.05 Water Operator $ 20.91 $ 21.96 $ 23.05 $ 24.21 $ 25.42
City of Patterson
Part-Time Salary Schedule
Effective January 1, 2023
Part-Time Hourly Rate

5.8.b
Packet Pg. 149 Attachment: Part-Time Salary Schedule Effective 01.01.2023 PENDING 12.20.2022 (Part-Time Salary Schedule) City Council Agenda Report
TO:

FROM:

BY:

Mayor Clauzel and Members of the City Council
Ken Irwin, City Manager
Fernando Ulloa, City Engineer
MEETING DATE: December 20, 2022
ITEM NO: 5.9
SUBJECT: Approve the proposal from Bellecci & Associates for the Pedestrian Controlled Crosswalk Safety Project and authorize staff to enter into a negotiated Consultant Agreement with a not to exceed cost of $91,433.

RECOMMENDATION
Motion to Approve the proposal from Bellecci & Associates for the Pedestrian Controlled Crosswalk Safety Project and authorize staff to enter into a negotiated Consultant Agreement with a not to exceed cost of $91,433.

BACKGROUND
The City Submitted a grant application for the Measure L Community Connection or Rail Services Grant. The proposed project will install one new pedestrian crosswalk, and upgrade another existing crosswalk with new pedestrian safety elements. The existing crosswalk on Sperry Ave/9th Street will be upgraded with mast arms, pedestrian activated crosswalk flashers, new paint striping, and ADA ramps, making the crosswalk more visible to drivers and safer for pedestrians. A new crosswalk will be constructed on Ward Ave/Mackilhaffy Dr with pedestrian activated crosswalk flashers. Expected benefits include safer access to StanRTA facilities and an increase in walking trips by residents of the surrounding Disadvantaged Community to nearby schools, grocery stores, health care centers, active recreation centers, and employment centers.

ANALYSIS
A Request For Proposals (RFP) for Engineering and Design Services was prepared and sent to the engineering firms on the on-call list.

Proposals are screened by a selection committee and rated on:

5.9 Packet Pg. 150
· Understanding of the Project (40%, scored on a 1-10 scale) · Costs for services provided (60%, scored on a 1-15 scale) The City only received one proposal from the following firm, Bellecci & Associates. The proposal was clear and concise and showed good understanding of the project, while also meeting the requirements set forth in the RFP.

Therefore, staff recommends Bellecci & Associates for the design of this project based on the evaluation of their qualifications and experience.

FISCAL IMPACT
Staff negotiated with Bellecci & Associates to an agreeable scope and fee of $91,433. Staff recommends awarding the design to Bellecci & Associates for this amount and authorizing the budget with our standard 10% contingency.
$91,433 Bellecci
$ 9,143 10% Contingency
$100,576 Total Phase Project Cost
Contingency will only be utilized if needed.

Current funding for this project is as follows:
$100,576 Local City Funds 329 Measure L - Bike and Pedestrian Safety Improvements (329-000-7400)
$100,576 Total Funds Available

5.9 Packet Pg. 151
City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: December 20, 2022
ITEM NO: 5.10
SUBJECT: Approving the Response to the Findings and Recommendations of the Approval of the Stanislaus Civil Grand Jury Report Titled – “The Future of Urban Water Supply and Demand. Case #22-07GJ”
Motion to Approve Letter in Response to the Findings and Recommendations of the Approval of the Stanislaus Civil Grand Jury Report Titled - “The Future of Urban Water Supply and Demand.

Case#22-07GJ”
RECOMMENDATION:

Staff recommends the Patterson City Council (“Council”) approve the following responses to the findings and recommendation of the Stanislaus County Civil Grand Jury Report on “The Future of Urban Water Supply and Demand.

BACKGROUND:

In June 2022, the City of Patterson received a report prepared by the Stanislaus County Civil Grand Jury titled “The Future of Urban Water Supply and Demand. Case #22-07GJ”. The intent of this report is to raise awareness of the scope and magnitude of water supply in Stanislaus County and how it can be addressed as a community. The report sets forth the Civil Grand Jury’s findings and recommendations. A copy of that report is attached to this staff report (see Attachment 1).

REASONS FOR RECOMMENDATION:

Council is required to provide a formal response to the report’s findings and recommendations. (Pen. Code, §§ 933 & 933.05.) Staff reviewed the report and prepared a proposed response,

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which is attached for the Council’s review and approval (see Attachment 2).

FISCAL IMPACTS:

There are no fiscal impacts associated with the proposed action.

Attachments:

1. Attachment 1 - Grand Jury Report (Homelessness: The Elusive Definition of “Success”)

2. Attachment 2 - Response to the Findings and Recommendations

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Packet Pg. 154 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 155 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 156 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 157 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 158 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 159 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 160 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 161 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 162 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 163 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 164 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 165 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ)

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Packet Pg. 166 Attachment: Stanislaus Civil Grand Jury Case #22-07GJ - Rcv'd 6-27-22 (Approving Resonse to Civil Grand Jury Case # 22-07GJ) City of Patterson
Office of the Mayor
1 Plaza
P.O. Box 667
Patterson, California 95363
Phone (209) 895-8004
Email: [email protected]
December 20, 2022
Stanislaus Civil Grand Jury
Honorable Robert B. Westbrook
Post Office Box 3488
Modesto, CA 95353
Honorable Robert B. Westbrook,
The City of Patterson acknowledges receipt of the summary report from the Stanislaus Grand Jury Case #22-07GJ – “The Future of Urban Water Supply and Demand.” On December 20, 2022, the Patterson City Council reviewed and approved the attached responses to the findings and recommendations contained in the report.

Findings, Overall
F1. The changing climate is putting pressure on the supply side for urban water systems.

Response: The City of Patterson agrees with this finding.

F2. The likelihood of more stringent state mandated reductions in water use is putting pressure on the demand side.

Response: The City of Patterson does not contest this finding.

F3. Even if sufficient supply may exist in any given year in Modesto or Patterson, state mandates may still require greater conservation measures.

Response: The City of Patterson does not contest this finding.

Findings, City of Patterson
F8. The City has made progress on securing additional sources of water through its Agreement with the Del Puerto Water District.

Response: The City of Patterson agrees with this finding.

F9. Other possible strategies to increase supply are not yet finalized.

Response: The City of Patterson partially disagrees with this finding. The City has been working to diversify its water supply portfolio by: developing non-potable well supplies to meet irrigation needs; developing a stormwater capture and ground water recharge system, and continued

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Packet Pg. 167 Attachment: MAYOR CLAUZEL - Civil Grand Jury Response #22-07GJ (Approving Resonse to Civil Grand Jury Case # 22-07GJ) 2 conservation program implementation to consistently maintain per capita water use below target levels. Extensive recharge analysis has also been completed. Final plans and construction documents are not yet finalized.

F10. Since 2001 Patterson has reduced its GPCD consumption by 9%. Based on likely State action, it will need to further reduce its gallons per capita daily usage.

Response: The City of Patterson partially agrees with this finding. The City has significantly reduced its GPCD consumption over the last two decades. Due to fluctuations in water use across years, it is more accurate to evaluate GPCD reductions using multi-year averages. Between 2001 and 2010, use in the City was 169 GPCD. Between 2018-2020 use averaged l44 GPCD. Assuming current consumption is 144 GPCD, the City decreased its GPCD consumption by 14.8% since the 2000-2010 period. Since setting a water use target of 164 GPCD in 2015, actual use has always been significantly below target. City agrees that it would have to comply with state action.

F11. The City’s conservation programs, such as turf and toilet replacement, have had minor impact to date
Response: The City of Patterson disagrees with this finding. First, the City’s Turf Rebate and high efficiency toilet (HET) programs have yielded cumulative water savings of 1,945,770 gallons and 1,419,850 gallons between 2016-2020, respectively. Second, these programs are only two facets of the City’s water conservation programs. As demonstrated in the 2020 Urban Water Management Plan, the City of Patterson has seen steady population growth in recent years without a large spike in its overall water use. The reason water use lags the actual population growth rate is that City has implemented an effective water conservation program. City meters all of its water services and has a conservation-oriented water rate structure. The City has ordinances that discourage water waste.

Over the past decade, Respondent has implemented a water loss control program to reduce system losses.

F12. Further reductions in daily per capita consumption will result in pressure on the City water fund to cover fixed costs.

Response: The City of Patterson partially agrees and acknowledges the Grand Jury’s finding.

F13. The City is losing about 207,000 gallons of water per day due to system leakage.

Response: The City of Patterson generally agrees with this finding. Historically, the City’s water system loss rate has been around 10-12%. However, the City implemented a plan to replace older and leakier pipes, which has reduced system losses. The City expects its water loss rate to decline to less than 8%, the industry standard, as it continues its pipe replacement program and metering projects. The City is currently assuming a water loss rate of 9% as a baseline for its future water use projections with the goal of improvement in future years.

F14. The City has a tiered rate structure, i.e., per unit, water costs more the more one uses.

Response: The City of Patterson agrees it has a tiered rate structure.

Recommendations, City of Patterson
R4. Patterson should move as quickly as possible to evaluate and implement, if deemed feasible, the other strategies it has identified to increase supply.

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Packet Pg. 168 Attachment: MAYOR CLAUZEL - Civil Grand Jury Response #22-07GJ (Approving Resonse to Civil Grand Jury Case # 22-07GJ) 3 Response: The City of Patterson agrees with this recommendation.

R5. Patterson should better educate its citizens on the need to conserve so that when greater restrictions are required, the public is more accepting of the need.

Response: The City of Patterson partially agrees with this recommendation. The City has prioritized and has engaged in significant public education and outreach regarding water conservation. The City will continue its public education and outreach efforts and will continue to strengthen its existing practices.

R6. Patterson should adopt a more aggressive conservation program to reduce its gallons per capita daily consumption and the severity of future rate increases.

Response: The City of Patterson partially agrees with this recommendation. As described above, the City is currently implementing an aggressive conservation program to reduce its gallons per capita daily consumption. The City has also implemented a tiered rate structure to protect rate affordability. The City will continue its ongoing programs and will continue to reduce its water consumption while maintaining affordable rates.

R7. Patterson should accelerate its efforts to limit water system loss.

Response: The City of Patterson partially agrees with this finding. Historically, the City’s water system loss rate has been around 10-12%. However, the City implemented a plan to replace older and leakier pipes, which has reduced system losses. The City expects its water loss rate to decline to less than 8%, the industry standard, as it continues its pipe replacement program and metering projects. The City is currently assuming a water loss rate of 9% as a baseline for its future water use projections with the goal of improvement in future years. Therefore, the City is on track to meet and exceed the industry standard and agrees that efforts to limit water system loss should be prioritized.

Response:

R8. While the SCCGJ supports a tiered rate structure to promote conservation, Patterson should once again evaluate whether this structure complies with the requirements of Proposition 218.

Response: The City of Patterson agrees with this finding.

Thank you for the opportunity to respond to the Civil Grand Jury’s findings and recommendations.

If you have any questions, please feel free to contact me.

Regards,
Michael Clauzel
Mayor
cc: Ken Irwin, City Manger
Nubia Goldstein, City Attorney

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Packet Pg. 169 Attachment: MAYOR CLAUZEL - Civil Grand Jury Response #22-07GJ (Approving Resonse to Civil Grand Jury Case # 22-07GJ) City Council Agenda Report
TO:

FROM:

BY:

Mayor Clauzel and Members of the City Council
Ken Irwin, City Manager
Nubia Goldstein, City Attorney
MEETING DATE: December 20, 2022
ITEM NO: 6.1
SUBJECT: Consider Resolution No. 2022-85, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDATION
Consider Resolution No. 2022-85, 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

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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

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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. 2022-85;

2. Continue the item for later consideration of the City Council with direction to staff for additional analysis; or

3. Reject Resolution No. 2022-85

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{CW108806.1}
RESOLUTION NO. 2022-85

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

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Packet Pg. 173 Attachment: Resolution No. 2022-85 AB361 (12th Approval Nov. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-85 AB 361 Zoom {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

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Packet Pg. 174 Attachment: Resolution No. 2022-85 AB361 (12th Approval Nov. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-85 AB 361 Zoom {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 20th day of December 2022, by the following roll call vote:

AYES:

NOES:

EXCUSED:

APPROVED:
____________________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
__________________________________________
Aracely Alegre
City Clerk of the City of Patterson

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Packet Pg. 175 Attachment: Resolution No. 2022-85 AB361 (12th Approval Nov. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-85 AB 361 Zoom {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 20th day of December 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

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Packet Pg. 176 Attachment: Resolution No. 2022-85 AB361 (12th Approval Nov. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-85 AB 361 Zoom

Patterson City CouncilDecember 20, 2022

Patterson City Council
December 20, 2022